840
...Appellant
TO\VN OF "j\PPL~GER
NOTICE OF ~~ea"ED
,APR 11 1986
ELAINE H. SNOWDEN
~u "OJ
Appeal No.
'-. ~
cJJ
Date
~4D
~~I<{S
JACK DAVIS
Home ~Iailing c/oDavis Furniture
Address 375 -379 Main Mall
Poughkeepsie, New York
Zip Code: 12601
Tel. #: 473-19c)O
TO THE BOARD OF APPEALS:
I, Jack Davis ,appeal from a decision of the Zoning Inspector, dated
March 10 , 19~ , and do hereby apply to the Zoning Board of Appeals for: 0 A VARIANCE, Gf A
SPECIAL USE PERMrr. 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN
AGGRIEVED PERSON(S) (check proper one), in connection with premises located at Route 9
/ (street & no.)
HB-lA t, / '$""1- 0 d - (() 60 9 7 / . Town of Wappinger, N.'Y.
(zorung <list.) (gnd no., .
1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED
(article, section or subsection and para!Vaph'
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:
b. A SPECIAL USE PERMIT IS REQUESTED pursuant to article 4 . section or subsection
422 . paragraph 6 of the Zoning Ordinance to permit the following use on the
above premises: Retail outlet and motor vehicle service.
c. INTERPRETATION of the Zoning Ordinance is requested because: I
d. AGGRIEVED PERSON(S) an appeal is requested because:
.
3. OTHER REMARKS: Goodyear Service Building and attached mall.
(Use extra sheets if necessary)
Signature >
~
· 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. 840
Dated April 11th. 1986
.Appellant
Jack Davis
c/o Davis Furniture
Address 375-379 Main Mall
Poughkeepsie, NY 12601
At a meeting of the Zoning Board of Appeals on April 8th ,19 86 ,Appeal No. 840
was considered and the following action on the request for: 0 A VARIANCE, IKI A SPECIAL 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 strict application of the Ordinance 0 would 0 would
not produce undue hardship for these reasons:
a. '!"he 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 yariance 0 would 0 would not change the character of the district, because:
,,... ;:~.,. ~',:'I::.
Therefore, it was further determined that the requested variance 0 be granted 0 be denied and that the previous
decision of the Enforcement Officer 0 be confIrmed 0 be reversed.
2. SPECIAL USE PERMIT: By resolution of the Boardit was determined that the request for a Special Use Permit 0 he- .
gfaateEllXI be denied, pursuant to article TV , section or subsection 47? , paragraph 6 of the
Zoning Ordinance and, therefore, the decision of the Enforcement Officer D be reversed 0 be confirmed, because~ "_T
. 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:
i1frI;V~
Chairman, Zoning Board of Appeals
.
Page -2-
April 11th, 1986
At the April 8th, 1986 meeting of the Zoning Board of Appeals, a motion was
made by Mr. Cortellino to deny the requested variance because this would be more than
one use on the property.
Mr. Landolfi seconded the motion.
Vote:
Mr. Caballero - aye
Mr. Cortellino - aye
Mr. Landolfi - aye
Mr. Hirkala - aye
The motion was carried.
~/;V~
Angel Caballero, Chairman
Zoning Board of Appeals
AC/lb