918
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~ ...
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TOWN Of WAPPINGER ~
RECEIVED
NOTICE OF APPEAL
OCT 2 4 1986
Appeal No. ~l ~
Date ~ ~ ,lSJ(p
// r ELAINE H. ~B\WJ~ailing 5D C.~~j..) AT' c foj Av~
Appellant I1E.e/J1/ r /::AI TE R PR IS €'$ Address ? 0 '60 'It 70
V'-a:).2...A.L ~e..K- \.-..J. "I. Zip Code: \ \ 00 \ Tel. #: 2.ct7~ 77/)"
I
TO THE BOARD OF APPEALS:
I, K e '14 C ""'CR.~.w ,appeal from a decision of the Zoning Inspector, dated .
~j -...: "-I ' 19~, and do hereby apply to the Zoning Board of Appeals for: 0 A VARIANCE, ~
SPECIAL USE PERMIT, 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN
AGGRIEVED PERSON(S) (check proper one), in connection with premises located a~~~, ::Or \ '" .f>
(street & no.)
l-\- -p -z.A , U, \ c::; Co - c 2 ~" '5 4 I ~ , Town of Wappinger, N. Y.
(zoning dist.) (grid no.)
.
1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED _ ~-,' _ _'~ '~,":-._
~.
,
. ~ .; t..:'..
(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:
b. A SPECIAL USE PER.i\-IlT IS REQUESTED pursuant to article -4- Z- Z- , section or subsection
li ~ , paragraph 4- . of the Zoning Ordinance to permit the following use on the
above premises~~~ ~"=-\e_ ~ 1J.t.....*e.(' .c.....\~.) c.Q,~+-('o..c-+C,) (""S,. EerTc'\.follsl,\M~l<JiS _
2-OJ~r:o...)'.&.--::b''''''C; _-DI->l"DE.O 11.>+0 4 _c,,+ LCl"'~...yc.( eCl'.la( uS"'S .
c. INTERPRETATION of the Zoning Ordinance is requested because: .
d. AGGRIEVED PERSON(S) an appeal is requested because:
3. OTHER REMARKS:
(Use extra sheets if necessary)
* 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.
918
Dated
October 24th, 1986
Appellant Kermit Enterprises
Floral Park, NY 11001
50 Carnation Avenue
Address P.O. Box 70
At a meeting of the Zoning Board of Appeals on October 14th ,19 86 ,Appeal No. 918
was considered and the following action on the request for: 0 A VARIANCE, KI A SPECIAL USE PERMrT, 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. 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 previous
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 1KI be
granted 0 be-denied, pursuant to article , section or subsection 422 , paragraph 4 of the
Zoning Ordinance and, therefore, the decision of the Enforcement Officer [) be reversed 0 Ut; wu[imred, 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:
fA/;V~~
Chairman, Zoning Board of Appeals
..
Page -2-
October 24th, 1986
At the October 14th, 1986 meeting of the Zoning Board of Appeals, a motion
was made by Mr. Landolfi to grant the requested Special Use Permit with the following
conditions:
1. No retailing or wholesaling allowed on the premises.
2. All signs shall conform to the Town of Wappinger Zoning Ordinance.
3. Any problems shall be delegated to Kermit Enterprises to solve.
(RE: Signs, Special Use Permits, etc.)
4. Outside storage shall be restricted to the designated area.
The motion was seconded by Mr. Hirkala.
Vote:
Mr. Caballero - aye
Mr. Cortellino - nay
Mr. Urciuoli - aye
Mr. Landolfi - aye
Mr. Hirkala - aye
The motion was carried.
1-h/;VJ4~
Angel Caballero, Chairman
Zoning Board of Appeals
AC/lb