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TO\"~ OF \\:-\PPl:\GER
~OTICE OF APPEAL
~EtvED Appeal N\J. <:( q d-
SEPJ 11 1985'ate q \lli[ ~ ~
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CAN TEKBEN
ELAINE H. SNOWDEN
Ham~ ~laiLng
AdJn~ss
199 CEDAR AVE.
POUGHKEEPSIE, NEW YORK
Zip CC1de: 12603
Td. /I~62-351l
TO TIlE BOA(U) OF APPE.ALS:
,apFe:.tl from a d;:cision of the ZOCilng (nlpector. dated
8/15/85 , 19_ . and do h:~reby apply t:) the Zacing Doard cf Appe:lls for: ~YA \ARIANCE. 0 A
SPECIAL USE PER~11T. 0 AN I~TERPRETATIO:'~ OF Tf IE ZO~I0iG ORDINANCE, 0 AN APPEAL AS A:.l
AGGRIEVED PERSO.".((S) (chl't:k proper on:=), in connl"Ction with premises IOC:lteC at State Rt. 376
1_:"\ 1-''''' . (~lr::f:l & no.)
NB tJ7.:l'':)....i -6 (-. 478772
. Town of Wappinger, N.Y..
I.
Can Tekben
C~mJ II.,.,
(LOIW"llu.,1.1
1. PROVISrON(S) OF THE ZO:-.lING ORDINANCE APPEALED Article 4, Section 422
Note d. Seventeen (17) feet variance to allow 58 feet (nearest building corner to
front line) while 75 feet is setl:Ja.c1ikle.~lfttl!red~1!'JO'A'~giU\9fi11a State road.
2. TYPE OF APPEAL (Complete relevant set..1ion)..
a. A \I\RIANCE IS REQL:ESTED for the following reasons:
I) S:rict aprlic~l.tion of the Zoning Orc!.inance would produce undue hardship bl'Causc:
2) The hardship creJ.teJ i'i unique and i'i not shared by all properties alike in the immediate vicinity of this property
and in this dist:i\.'1 be\::lmc:
3) TIle variance would ob'ierve the spirit of the Ordin.mee and would not ch:lnge the chaLlcter of tl1:= wstri,,'1
.because: *New building shall conform as nearly as practicable to existing adjacent
lots pursuant to Art. V, 120-15 CD)
b. A SPECIAL CSE PER~tlT IS REQUESTED pursuant to artie!:: ,sC\.'1ion or subsection
. paragraph of the Zuning Ordinance to permit the following use on the
above premises:
c. IXfERPRETATIO:-.l of the Zoning Ordimnce is requested because:
d. AGGRIEVED PERSON(S) an appe:1l is requested because:
3. OTHER RE~tARKS;
(Use extr:l sheets if necessary)
Sig",turc ~ yelk
. The required ph:n must accompany the Notice of Appeal.
APPELLANTS ARE RESPONSIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL
l'OTICE IN THE LOCAL NEWSPAPER.
. '0::
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ZONING BOARD OF APPEALS
TOWN OF WAPPINGER
ACfION ON APPEAL
Appeal No.
842
Dated September 11th, 1985
Appellant Can Tekben
Poughkeepsie, NY 12603
Address 199 Cedar Avenue
At a meeting of the Zoning Board of Appeals on September 10th ., 19~~,AppealNo. 842
was considered and the folIo\.\ing action on the request for: Dl A VARIANCE, 0 A SPECIAL USE PERMIT, [J AN
INTERPRETATION OF THE ZONING ORDINANCE, [] AN APPEAL AS AN AGGRIEVED PERSON(S), wa'i
taken:
I. VARIANCE: By resolution of the Bl)ard, it was determined that strict application of the Ordinance :::::1 would C would
not produce undue hardship for these reasons:
a. The property in question [] would [] would not yield a reasonable return if limited to the use permitted under the
Ordinance, because:
b. The hardship created :::J is C is not unique and [] would [] would not be shared by all properties alike in the
vicinity of the property and in the same use dis[lict, because:
c. The variance [J would C would not change the character of the district, because:
Therefore, it was further determined that the requested variance ]g be granted C ~ and that the previous
decision of the Enforcement Officer --, -be-renfirmed Dr: be reversed.
SEE ATTACHMENT.
2. SPECIAL USE PERMIT: By resolution of the Board it wa'i determined that the request for a Special Use Permit C be
granted C be denied, pursuant to article , section or subsection , paragraph . of the
Zoning Ordinance and, therefore, the decision of the Enforcement Officer [J be reversed [J 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:
~ C. ~h~.
Chairman, Zoning Board of Appeals
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t...
Page -2-
September 11th, 1985
At the September 10th, 1985 meeting of the Zoning Board of Appeals a motion
was made by Mrs. Waddle that the requested variance be granted.
The motion was seconded by Mr. Hirkala.
Vote:
Mr. Landolfi - aye
Mrs. Waddle - aye
Mr. Caballero - aye
Mr. Hirkala - aye
The motion was carried.
a-rl., c.
..
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Joseph E. Landolfi, Chairman
Zoning Board of Appeals
ZB/lb
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