872
TO\VN OF \':.\PPI~GER Ap~eal ~o. ~ 1 d-
['.'OTICE OF Al'pElffE1VP1 (j ~ D,'e 2./ 0' :) [ q 0
MAR 20 198~'~ ~ 3-.;:z~-P~
ELAINE H, SttuWDE~ i\tJ.iling
Address Rou t e 9
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Ap~Ua.m
Wappinger Falls, NY
John Hartmann
Zip Code: 12590
Td. #: 297 - 4 314
TO TIlE nOAIU) OF APPEALS:
I, John Ha r tmann I apr'ea.J from a d~ision of the Zoning Inspector, dated
, 19~ I and do hereby apply to the Zoning Board of Appeals for: ~ A VARIANCE, 0 A
SPECIAL USE PER.\IlT, 0 AN INTERPRETATIO~ OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN
AGGRIE'/ED PERSON(S) (cht:CK proper one), in connection with premises located at Rou t e 9
I -l S 1-6~ - U? 0 , <{ ~O (slrecl&no.,
Non-Residential ~ _ ,Town of Wappinger, N.Y..
(ZOlUIlg l.11st.) (gnd nll.)
1. PROVISION(S)OFTHEZONINGORDlN~"'lCEAPPEALED Article IV . Section 416.51-ToAL1.ow
~ MC~E 1'ltfrtt-J o....e: (I) SlG.toJ A-ff'I~ep ,.-0. -rl'tl: 6UIL-\)IN<\ I /WJ\') 'S€C-1'\~ 4\(".5(5 -IV ^\..l..CW t:1n'L It
S-~la iFl Nsl'l R...s.id...u\..e 9-istrict
. . '" (ar~~le. ~"tlon or SUb'iCCIIOn and paralVaphl
Slt\N ~ 'n:Erc f\VE ItJC.~ II\J LJ\trTH (~I'S\) W~ ~ ('2l,) fe:1"" IS ~ ~MV\M w\91H ~I~.
2. TYPE OF APPEAL (Complete relevant section)..
a. A \-I\RI..."u'\lCE IS REQUESTED for the following re::l.Sons:
1) Strict application of the Zoning Ordinance would produce undue hardship because: t he un ique. ria tur e 0 f
the proper~r is~uch that precludes compliance with the existing zo~ing
2) The hardshi~ ~reare~~scunique and is not shared by all properties alike in the immediate vicinity of this property
andinthisdistrictbel.:ause:Nature of land and location of existing building as it
relates to Route 9 is unique to Applicant.
3) The variance would observe the spirie of the Ordinance and would not change the character of the district
because: character of use and district remain unaltered
b. A SPECIAL USE PER.\tIT IS REQlJESTED pursuant to article I section or subsection
. paragraph of the Zoning Ordinance to permit the following use on the
above premises:
c. L'ITERPRETATION of the Zoning Ordinance is requested because:
d. AGGRIEVED PERSON(S) an appeal is requested because:
3. OTHER RE:-'IARKS:
see attached sheet
(Use extra sheets if necessary)
Sign"ur.)( ~ L.f.,J.
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· The required plan must accompany the Notice of Appeal.
APPELLANTS ARE RESPONSJnLE FOR THE COSTS INVOLVED IN PUBUSH[NG THE REQUIRED LEGAL
l':OTlCE IN THE LOCAL NEWSPAPER.
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ZONING BOARD OF APPEALS
TOWN OF WAPPINGER
ACTION ON APPEAL
Appeal No. 872
Dated March 14th. 1986
Appellant John Hartman
Wappinger Falls, NY 12590
Address
Route 9
At a meeting ofthe Zoning Board of Appeals on March 11 th . 19 86 , Appeal No. 872
was conSidered and the following action on the request for: KJ A VARIANCE, 0 A SPECIAL USE PERMI'f, 0 AN
INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS A.~ 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:
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Therefore, it was further determined that the requested variance 0 be-granted- KJ be denied and that the previous
decision of the Enforcement Officer ~ be confirmed 0 }}e-feYefSeE!. SEE ATTACHMENT.
2. SPECIAL USE PERMIT: By resolution of the Board it was determined that the request for a Special Use Permit 0 be
granted 0 be denied, pursuant to article , section or subsection , paragraph of the
Zoning Ordinance and, therefore, the decision of the Enforcement Officer 0 be reversed 0 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:
1fr~./~
Chairinan, Zoning Board of Appeals
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March 14th, 1986
At the March 11th, 1986 meeting of the Zoning Board of Appeals, a motion
was made by Mr. Hirkala to deny the requested variance based on the fact that
they haven't proven and necessity for it.
The motion was seconded by Mr. Caballero.
Vote:
Mr. Caballero - aye
Mr. Cortellino - aye
Mr. Urciuoli - aye
Mr. Landolfi - aye
Mr. Hirkala - aye
The motion was carried.
~/tV.d."
Angel Caballero, Chairman
Zoning Board of Appeal
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