802
Poughkeepsie, New York
Home Mailing
Address 25 Tl'lildwood Drive
ELAINE H. SNOWDEN
Tel. #: 462-3777
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'AUG 2.;0 1985
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TO\VN OF \VAPPINGER
NOTICE OF APPEAL
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Appellant Kern-Lack Improvement Company
Zip Code: 12603
TO TIlE BOARD OF APPEALS:
I, Michael J. Morris ,appeal from a decision of the Zoning Inspector, dated
Na v 1 s t , 19~ , and do hereby apply to the Zoning Board of Appeals for: 0 A VARIANCE, 00 A
SPECIAL USE PERMrr. 0 AN If\I'TERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN
AGGRIEVED PERSON(S) (check proper one), in connection \\-ith premises located ar.Myers Corners & Kent Road
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/1- - ,;lu ,-/,Lt. /(1' (,:<.j ,y - 03 - ;llJ 0 J ~ t, . Town of Wappinger, N. Y.
(zoning disl.) (grid no.)
1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED
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(article, section or subsection and paragraph)
2. TYPE OF APPEAL (Complete relevant section). ·
a. A VARIANCE IS REQUESTED for the following reasons:
1) Stri<.1 application of the Zoning Ordinance would produce undue hardship because:
2) The hardship created is unique and is not shared by all properties alike in the inunediate vicinity of this prorerty
and in this district bt'Cause:
3) The variance would observe the spirit of the Ordinance and would not change the character of the district
because:
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b. A SPECIAL USE PERMIT IS REQUESTED pursuant to article i.J.L. . section or subsection
9:11 . paragraph !i.1_.J C -tJ:: S- of the Zoning Ordinance to permit the following use on the
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c. INTERPRETATION of the Zoning Ordinance is requested because:
d. AGGRIEVED PERSON(S) an appeal is requested because:
3. OTHER REMARKS:
(Use extra sheets if necessary)
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· The required plan must accompany the Notice of Appeal.
APPELLANTS <\RE RESPONSIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL
NOTICE IN THE LOCAL NEWSPAPER.
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ZONIl'!G BOARD OF APPEALS
TO\VN OF \VAPPINGER Appeal No. 802
ACTION ON APPEAL Dated August 19th, 1985
AppeUant Kem - Lack Improvement Company Address 25 Wildwood Drive
Poughkeepsie, NY 12603
AtameetingoftheZoningBoardofAppealson_August 13th ,19 85 ,Appeal No. 802
wa') considered and the following action on the request for: C A VARIANCE, K! A SPECIAL USE PERf\llT, [J AN
INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN A(JGRIEVED PERSON(S), was
taken:
I. VARIANCE: By resolution of the Board, it was determined that mic:t application of the Ordinance [J would 0 would
not produce undue hardship for these reasons:
a. The property in question CJ would 0 would not yield a reasonable return if limited to the use permitted under the
Ordinance, because:
b. The hardship created C'= is C i~ not unique and r: would ,~ would not be shared by all propertIes alike in the
vicinity of the property and in the same use district, because: _
c. The variance 1= would 1= would not change the character of the district, because:
Therefore, it was further determined that the requested variance C be granted =-= be denied and that the previous
decision of the Enforcement Officer = be confirmed=': be reversed.
2. SPECIAL USE PERMIT: By resolution of the Board it was determined that the request for a Special Use Permitxjj: be
granted C be.d~d, pursuant to article IV , section or subsection 421 , paragraph 115 of the
Zoning Ordinance and, therefore, the decision of the Enforcement Officer ']; be reversed C bg~QA~-FHl1?i:l, because:
SEE ATTACHMENT.
3. INTERPRETATION: The Board adopted the following resolution which stated its interpretation of the Zoning
Ordinance as requested in your appeal:
4. AGGRIEVED PERSON(S): By resolution of the Board, the following decision was made on your appeal:
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Chairman, Zoning Board of Appeals
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August 19th, 1985
At the August 13th, 1985 meeting of the Zoning Board of Appeals, a motion was
made by Mrs. Waddle that the request Special Use Permit be granted with the following
conditions:
1. There is to be proper screening between the commercial and the residential as
determined by the Planning Board.
2. The parking is adequate for the building.
3. Special attention to the flood plain.
The motion was seconded by Mr. Hirkala.
Vote:
Mr. Landolfi - aye
Mr. Caballero - aye
Mr. Hirkala - aye
Mr. Cortellino - aye
Mrs. Waddle - aye
The motion was carried.
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Joseph E. Landolfi, Chairman
Zoning Board of Appeals
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