821
'tL~
II ~)eVJ
TO\VN OF "l\PPL'\GER '^-"
NOTICE OF APPEAL
RECEIVED
Appeal No. <{ d-- (
Date (://1 J_)
AppeUan' fIl~/"' f- t",.~
ltlfJ;r~7 p/;- /' M >-:
TO TIlE BOARD OF APPEALS:
It jJCf7?/Z A.-,. ~/?k Gt
'JUN 2.8 :1985
ELAINE H. "P~ailing
Address NL"J);" 4P/'"ff~fJ'f/cA: rd
Zip Code: l2g0 Td. #::<:J~/t?
, appeal from a decision of the Zoning Inspector, dated
, 19_ , and do hereby apply to the Zoning Board of Appeals for: ~ARIANCE, 0 A
SPECIAL USE PERMIT, 0 AN INTERPRETATION OF THE ZONING ORDINANCE,Q AN APPEAL AS AN
AGGRIEVED PERSON(S) (check proper one), in connection with premises located at Jr~..u,,~ d c7:'
o -.dI (street & no.)
f(. -.zo , t-tJ / --I t!/ ~;..g -GJ 1- ~c:x;t S3, Town of Wappinger, N. ~
(zorung dist.) (grid no.)
1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED
I
~;-72:~. /1/ $"Pt'7::" q;<j
"
v
2. TYPE OF APPEAL (Complete relevant seaion)..
a. A VARIANCE IS REQUESTED for the following reasons:
1) Strict 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 immediate vicinity of this property
and in this district because:
3) The variance would observe the spirit of the Ordinance and would not change the character of the district
because:
b. A SPECIAL USE PER.\HT IS REQUESTED pursuant to article , seaion or subsection
, paragraph of the Zoning Ordinance to permit the following use on the
above premises:
c. INTERPRETATION of the Zoning Ordinance is requested because:
d. AGGRIEVED PERSON(S) an appeal is requested because:
3. OTHER REMARKS: S'ur7;JtY/~ ~~~ ~# ~49Vt!'j? tiRf~.RV fl-/5'
f"~L /.PA/~ /f 57;);G ~c',>~p- rfl~~ #;fI? r?i
(Use extra sheets if necessary) Signa'ure ~ ~~
· The required plan must accompany the Notice of Appeal.
APPELLANTS ARE RESPONSIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL
NOTICE IN THE LOCAL NEWSPAPER.
"J
. '.-"!
,,-""'.
f~.":."!".
.W:-' :
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER
ACIlON ON APPEAL
Appeal No.
821
Dated June 28th, 1985
AppeUant Barger & Luckel
Wappinger Falls, NY 12590
Address New Hackensack Road
At a meeting of the Zoning Board of Appeals on _June 27th ,19 85 , Appeal No. _ 821
wall considered and the following action on the request for: ex A VARIANCE, 0 A SPECIAL USE PERMIT, 0 AN
INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN AGGRIEVED PERSON(S), wall
taken:
1. VARIANCE: By resolution of the Board, it was determined that strict application of the Ordinance 0 would 0 would
not produce undue hardship for these reasons:
a. The property in question 0 would 0 would not yield a reasonable return if limited to the use permitted under the
Ordinance, because:
b. The hardship created 0 is 0 is not unique and 0 would C would not be shared by aU properties alike in the
vicinity of the property and in the same use district, because:
c. The variance 0 would [J would not change the character of the district, because:
Therefore, it was further determined that the requested variance ex be granted 0 e84!IDe.a and that the previous
decision of the Enforcement Officer 0 e8~eRHffRed ~ be reversed. SEE ATTACHMENT.
2. SPECIAL USE PERMIT: By resolution of the Board it was determined that the request for a Special Use Permit [] be
granted 0 be denied, pursuant to article , section or subsection , paragraph of the
Zoning Ordinance and, therefore, the decision of the Enforcement Officer 0 be reversed 0 be confirmed, because:
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:
" ~ J .
~ '"' ", ~
~.~~Jj' tb: 'I.~~,"'''~':':;::>-':'.d
-Jtll . fl
Chairman, Zoning Board of Appeals
~:",.-.. ""
Page -2-
June 28th, 1985
At the June 27th, 1985 special meeting of the Zoning Board of Appeals, a
motion was made by Mr. Hirkala to grant the variance on Lot #10 and in addition,
as a part of the motion, I would like also to say that in my view it is unique.
I am moving the motion becuase it is a unique situation, there is alot of money
involved, and it in no way reflects on any other requests for variances on any
other part of that particular development or any other lot in Town. I don't
want this particular resolution to be a precedent. Becuase of the money involved,
and because of the hardship that the people who are potentially buying it are in,
I would move the motion. The motion was seconded by Mr. Cortellino.
Vote:
Mr. Landolfi - aye
Mr. Caballero - nay
Mr. Hirkala - aye
Mr. Cortellino - aye
Mrs. Waddle - aye
The motion was carried.
rrJ
.~
~\
".1' .
..- '~....,.~,~t" ..I
-- ~'---'V,.:)'
Joseph E. Landolfi, Chairman
Zoning Board of Appeals
lb
"."'';:'''1; :..~'F:.....l1