848
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TO\\'i'I OF \':\PPI:\GEH
RE0f.()"ER:E OF APPI-:"\L
NOV 2,2 1985
~
App~~ Nu.
\LI\;
DJte Sept. 1'1. 1985
A P p,,:U.l!1t
ELAINE K. SNOWBElt
Mr. Fr~nk Vi~iri~~i
I {ome ;.. t:1.ilin~
^JJrc~s
Rt. 9 & Old Hopewell Road
Wappingers Falls NY 12590
TO TIlE UQ.\H.J> OF AP1)E.\L.S: I
Zip Cod~:
Td.//: 291- (, ~/ 5
d.91-7(,b3
I. . F' rEm k Vi ~ i rj t ~ i , :lppt;:~ from a df..'t.;sion of the Zoning Insp<.'Ctor. d..ltcd
, 19_ ,anJ Jo hereby apply [0 the Zoning Ooard of Appe:l.b for: 0 A VARIANCE, ~ A
~,P[CIAL USE PERr--IIT. C AN I~ITRPRETATIO~ OFTHE ZO~ING ORDINANCE. 0 AN APPEAL AS AN
ACG RIE\TD PE R~ON(S) (cht:l:~ proper ont:). in conna:tion with prerru~es kx:atf.."(l at Rt q ~ () 1 n H ('nelJT~ 11 Rd.
/ II i ( (Ilrl:'el .:. no.}
HB lA 6157-0 2 ~ .1 (0 S Y-..:::t . Town of W<lppinger, N.Y.
(wrur'll 0"1.1 . (ulU nu.'
1. PROVISIO~(S) OF THE ZONING ORDINANCE APPEALED
(.1Illde, ~<:\.llon or SutJ>dIU.Jn ~",1 pU;l1lI3pnl
2. TYPE OF Al"">PEAL (Complete relevant Sf..'\.:tion)..
a. A \~\RIANCE IS REQUESTED for rhe following n:asons:
1) Strict applic~tion of Ihe Zoning Ordinance would produce undue h::UGship bt.'Cam..::
2) The h::udship m~~tcd is UluqUt: and is not sh.:ued by all propertit.~ aliJ...e in II:e inunc::di..ile .. i.:ir.ity of thi) prop<=rty
and in this Jistril.L b(:t.:~usc:
3) TIle variance would observe the spirit of rhe Ordinance and would not change the Ch:J.fJClCr of the W:;trilL
re:ause:
. '.a
b. A SPECIAL USE PER~t1T IS REQUESTED pursuant [0 ::utic!e IV . sC\."1ion or subsection
t\-~ . \ ~ . paragraph OQOC_ ~ of the Zoning Ordinance to permit the ioiluwing u~c on me
above premises: ~
c. INTERPRETATlO;-.l of,tlzJning ord~l},cq~~t~;Le: f Dc L I ~
d. AGGRIEVED PERSON(S) an appe~1 is requesred because:
3. OTHER RE;..lARKS:
(Use extra sheets if nel:ess::uy)
Sigr1;lrure
~~
.,-- -
-
J~<.. :7.NJ
.
. The required plan must accompany the NOlice of Appea1.
APPELLANTS ARE RESPONSlULE FOR THE COSTS INVOLVED IN PUf3LISHING THE REQUIRED LEGAL
~OTICE IN THE LOCAL NEWSPAPER.
,... ...
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ZONING BOARD OF APPEALS
TOWN OF WAPPINGER
ACfION ON APPEAL
Appeal No.
848
Dated November 21st, 1985
Appellant Frank Vitiritti Add[~s Route 9 & Old Hopewell Road
W~ppingpr F~11R, NY 17~qO
At a meeting of the Zoning Board of Appeals on November 12th ,19 85 , Appea1No. 848
was considered and the following action on the request for: 0 A VARJp,NCE. e9 A SPECIAL USE PERMIT, 0 AN
INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL A S AN AGGRIEVED PERSON(S), was
taken:
1. VARIANCE: By resolution of the Board, it was determined that stJid: 8 pp!ic.ation 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 reasonahle. 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 fiot 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. di~!Tkt, because:
Therefore, it was further determined that the requested variancF. 0 be granted 0 be denied and that the previow:
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 0 be
granted !Xl be denied, pursuant to article IV ,.section or sub~~ctjon 422 , paragraph note e of the
Zoning Ordinance and, therefore, the decision of the Enforcement 0 Weer 0 be reversed 0 be confirmed, 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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Page -2-
November 21st, 1985
At the November 12th, 1985 meeting of the Zoning Board of Appeals, a motion
was made by Mrs. Waddle to deny the requested Special Use Permit for the reason
that there would be three uses on one piece of property.
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.
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Joseph E. Landolfi, Chairman
Zoning Board of Appeals
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TO\\'N OF ":-\PPI:\GEH -
NOTICE OF APPEAL l cfYV\----
App\:a.I ~0.
~Ll\{
Date Sept. {i. 1985
NOV 2,2 1985
ELAINE H. SNOWlJEN
AppdlJ.I1t Hr.
Frank V;r;r;rr;
Home ~L1iling
AJJn:~s
Rt. 9 & 01d Hopewell Road
Wappingers Falls NY 12590
TO nlE nQ.\IU) OF APPL\LS: '
7Jp CQ(j~:
Td.II:;2 91.- (,5"/:)
a91-7(,63
I.. Fr;mk vi r i rj tr i . app~Jllrom a d\.'l.i.'iion of tht: loning Irbpector. dated
. 19_ ,and do hereby apply to the Zoning rloard of Appe:1.l.s for: [J A \i\RIANCE. ~ A
~,P[CL\L USE l'ER~IlT, c:: AN I:'{ITRPRETATI001 OF THE ZO~I;-';G ORDINANCE, 0 AN APPEAL AS AN
AGGRIEVED PERSON(S) (ched. proper one), in connt."Ction with prerru~cs kx:atL"t! at "Rt q ~ 010 Hon€,w:> l' Rd.
I . If ( (we'eluno.l
HB lA 6157-02' ....( fC S (t:::::t . Town of Wdppinger, N.Y.
(WfUl111 u"l.) . WIll 00.)
1. PROYISION(S) OF THE ZO:'-lING OI{DI~ANCE APPEALED
(..rl.dr. ~~11011 or sutJ..:<:rl<.Jn 311'" PM,hU3pnl
2. TYPE OF Al~PEAL (Complete relevant SL'l.1ion). ·
a. A \~\RIANCE IS REQUESTED for rhe f01lowing reasons:
1) Strict application of the Zoning OrdinJ.nce \\ioukl produce undue hardship bL'CaU'le:
2) The harLhhip created is unique and is not shart:d by ~I properri(.'S aliJ....e in tf.e inmH:di...lle .. i.:inity of this prolXrty
and in this distri\."t b'.'\:ause:
3) Th;: variance would observe the sr.-irit olthe Ordinance and would not change the d,afact(:r of the w.:;tnct
~J.use:
I'};
b. A SPECIAL USE PER:-'IlT IS REQUESTED p1lC5uant to article IV . section or sub...ection
Q~ .' ~. paragraph OQr~ _ ~ of the Zoning Ordinance to permit the iollowing u::.c on tell:
above premises: ~
c. INTERPRH\TIO:'>I !h~zJning ord~lircq~'J1!;Le: f DE" L I ~
d. AGGRIEVED PERSO;\l(S) an appeal is requested bt."C:luse:
3. OTHER RE;...lARKS:
(Use extra sheets if necessary)
SigflJ,turc
{;L.?
_.
...-
J~c.. /A.,J
.
. The required plan must accompany the Notice of Appeal.
APPELLANTS ARE RESPONSmLE FOR THE COSTS INVOLVED IN PUT3LISf-HNG THE REQUIRED LEGAL
r-.;OTICE l:-.l THE LOCAL NEWSPAPER.
f,.. ...
.~..
. .0-:
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER
ACIlON ON APPEAL
Appeal No.
848
Da.ted November 21st, 1985
Appellant Frank Vitiritti
Addre2s Route 9 & Old Hopewell Road
W~ppin~er F~lls, NY l?~qO
At a meeting of the Zoning Board of Appeals on November 12th ,19 85 ,Appeal No. 848
was considered and the following action on the request for: 0 A VARIA treE, e9 A SPECLAL USE PERMIT, 0 AN
INTERPRETATION 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 stnd: a pplication 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 reasonahle return if limited to the use permitted under the
.
Ordinance, because:
~ - - .h
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 rli::trict, bec.8use:
Therefore, it was further determined that the requested variancF. 0 be granted 0 be denied and that the previou.<;
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 0 be
granted !Xl be denied, pursuant to article IV ,.section or subs~ctjon 422 ,paragraph note e of the
Zoning Ordinance and, therefore, the decision of the Enforcement Officer 0 be reversed 0 be confirmed, because:
SEE ATTACHMENT 'j
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:
f\q -" _,.. .
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~j U Vi
Chairman, Zoning Board of Appeals
",' ~ -~ _ ,"- '~;. ".~ '.:'~''''l.-'. .~.
Page -2-
November 21st. 1985
At the November 12th. 1985 meeting of the Zoning Board of Appeals. a motion
was made by Mrs. Waddle to deny the requested Special Use Permit for the reason
that there would be three uses on one piece of property.
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.
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Joseph E. Landolfi. Chairman
Zoning Board of Appeals
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