854
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TOWN OF WAPPINGER ~
NOTICE OF APPEAL
Appeal No.
Date 10/21/85
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11 22 Associates, Ltd.
Appe ant
Carmel, New York
Home MailinJt.
Ad&~ p.O.Box 460, Route 301
Zip Code:
10512
Tel. #: 225-8436
TOTIlEt~~n~~^lr~:, President of
22 Ass s 0 cia t e s ~ 1. t d , , appeal from a decision of the Zoning Inspector, dated
I, 9/23 , 19~~g dJ-g~a,~/a~~IY to the Zoning Board of Appeals for: 0 A VARIANCE,:rJ A
SPECIAL USE PERMIT, Q5 AN INTERPRETATION OF THE ZONING ORDINANCE, b AN APPEAL AS AN
AGGRIEVED PERSON(S) (check proper one), in connection with premises located at Route 9, Osborne Hill Road
(street & no.)
HB-2A & R-20 ,6157-04-599136 ,TownofWappinger,N:o-Y.. .
(zoning dist.) (grid no.) ~. - _..~. ~
. ':.:,. .
1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED
~4 2 2 (S, e .... ?' ~:;lo~.u ")
(article, section or subsection and paragraph)
2. TYPE OF APPEAL (Complete relevant section)..
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:
r0 SPECIAL USE PERMIT IS REQUESTED pursuant to article 422 , section or subsection
~2 A & G B ( 4 ), paragraph of the Zoning Ordinance to permit the following use on the
above premises: Storage & sale of building materials
c. INTERPRETATION ofthe Zoning Ordinance is requested because: see # 3
d. AGGRIEVED PERSON(S) an appeal is requested because: see #3
Review ~s sought of determlnation of Z.A. that proposed
3. OTHER REMARKS: use is "storage and sale of building materials",
requiring special use permit, and not retal1, requlrlng only ~l~e ~lan
a rovals or, in the alternative, special use permit is requested~
Further information to e prOVl e . .~
at meeting. 22 ASSOCI TES, LTD. ~
(Use extra sheets if necessary) Signature 'h~1 -, \ ~
\ ~ I
· 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. .
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER
ACTION ON APPEAL
Appeal No. 854
Dated September 18th. 1986
Appellant 22 Associates. Ltd.
Carmel. NY 10512
Address P.O. Box 460 - Route 301
At a meeting of the Zoning Board of Appeals on September 9th ,19 86 ,Appeal No. 854
was considered and the following action on the request for: 0 A VARIANCE, !Xl A SPECIAL USE PERMI"f, 0 AN
INfERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN AGGRIEVED PERSON(S), was
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 0 would not be shared by all properties alike in the
vicinity of the property and in the same use district, because:
c. The variance 0 would 0 would not change the character of the district, because:
Therefore, it was further determined that the requested variance 0 be granted 0 be denied and that the previ'ous
decision of the Enforcement Officer 0 be confirmed 0 be reversed.
2. SPECIAL USE PERMIT: By resolution of the Board it was determined that the request for a Special Use Permit aD be
granted 0 8e-ElenieEl, pursuant to article , section or subsection 422 ,paragraph of the
Zoning Ordinance and, therefore, the decision of the Enforcement Officer IXl be reversed 0 -6e-e6MifmeEl, 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:
fh-/;V.fl~
Chairman, Zoning Board of Appeals
Page -2-
September 18th, 1986
At the September 9th, 1986 meeting of the Zoning Board of Appeals, a motion
was made by Mr. Landolfi to grant the requested Special Use Permit with the condition
that any change from the original re-zoning conditions that the State of New York
wanted would require the applicant to return to the Board for another review of
ingress and egress for the site.
The motion was seconded by Mr. Urciuoli.
Vote:
Mr. Caballero - aye
Mr. Urciuoli - aye
Mr. Landolfi - aye
Mr. Hirkala - aye
The motion was carried.
fh-I/V~
Angel Caballero, Chairman
Zoning Board of Appeals
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