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916 ., TOWN OF WAPPINGER ~ Appeal No. --.9.1 G NOTICE OF APPEAL ~J 'd) ~\o Date July 17, 1986 . ~ ~ Appellant Pizzagalli Developrent Carpany Home Mailing Address 50 Joy Drive, P.O. Box 2009 South Burlington, Vennont Zip Code: 05401 Local: P. O.Box 1855, Poughkeepsie, NY 12601 TO THE BOARD OF APPEALS: Td.#:802-658-4100 435-1755 ~ We, Pizzagalli Development C~ , appeal from a decision of the Zoning Inspector, dated July 15 , 19~ , and do hereby apply to the Zoning Board of Appeals for:~ A VARIANCE, 0 A SPECIAL USE PERMI'f, 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN AGGRIEVED PERSON(S) (check proper one), in cOImection with premises located at Myers Comers Road (street & no.) OR-lOA (zoning dist.) 6258-03-278358 (grid no.) , Town of Wappinger, N.'Y. 1. PROVISION(S)OFTHEZONINGORDINANCEAPPEALED (1) Section 422 (floor area ratio). and (2) Section 476.23 (off street loading requirements) (article, section or subsection and paragraph) 2. TYPE OF APPEAL (Complete relevant section). * a. A VARIANCE IS REQUESTED for the following reasons: . 1) Strict apolicatian of the Zoning Qrdinance would p'roduce undue hro:dship because: (1) lot coverage rraxirnum .s rra1trEamea out t.Loor area ratJ.o cannot. (2) Bldg. requJ.rements do not need addt' 1 loading docks2) 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: there are no other facilities or properties of a similar nature wi thin the Town and the hardship therefore is unique. 3) The variance would observe the spirit of the Ordinance and would not change the character of the district because: allowing the variances will allow us to have an astheticall y appealing and integrated site. . b. A SPECIAL USE PERMIT IS REQUESTED pursuant to article , section or subsection , paragraph of the Zoning Ordinance to permit the following use on the above premises: 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) Signature * The required plan must accompany the Notice of Appeal. APPELLANTS ARE REspbNSIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL NOTICE IN THE LOCAL NEWSPAPER. ZONING BOARD OF APPEALS TOWN OF WAPPINGER ACTION ON APPEAL AUG 2-3 ,1986 RECEIVED Appeal No. 916 Dated August 22nd. 1986 Appellant Pizzagalli Development Company South Burlington, Vermont 05401 ELAINE H. SNOWDEN Addr~s 50 Joy Drive, P.O. Box 2009 AtaIll:~g of the Zoning Board of Appeals on August 12th s 19 86 ,Appeal No. 916 was considered and the following action on the request for: g A VARIANCE, 0 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. 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 rn be granted 0 -be-deffied and that the previous decision of the Enforcement Officer 0 -ge-€9BfH:.JneEl [Xj be reversed. 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 ofthe 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-1;U~ Chairman, Zoning Board of Appeals , Page -2- August 12th,. 1986 At the August 12th, 1986 meeting of the Zoning Board of Appeals, a motion was made by Mr. Urciuoli to grant the requested variance for ~476.23 for off street loading requirements. In the event that the use of the building is changed from Office Research, the 12 remaining loading docks that are required must be added to the site. The motion was seconded by Mr. Landolfi. Vote: Mr. Caballero - aye Mr. Cortellino - abstain Mr. Urciuoli - aye Mr. Landolfi - aye Mr. Hirkala - aye The motion was carried. fh./~~ Angel Caballero, Chairman Zoning Board of Appeals lb r ZONING BOARD OF APPEALS TOWN OF WAPPINGER ACTION ON APPEAL Appeal No. 916 (2nd Dart) Dated August 22nd. 1986 Appellant Pizzagalli Development Company South Burlington. VT 05401 Address 50 J oy Drive - P.O. Box 2009 At a meeting of the Zoning Board of Appeals on August 12th ,19 86 , Appeal No. 916 was considered and the following action on the request for: U A VARIANCE, 0 A SPECIAL USE PERMrr, 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN AGGRIEVED PERSON(S), was taken: 1. VARIANCE: By resolution ofthe 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: :,,':. ... ..;.." ..t _ . 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: , ;:;".0;. Therefore, it was further determined that the requested variance 0 =g;rantecr:g: be denied and that the previous decision of the Enforcement Officer ~ be confirmed 0 befl!Yefsea. 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: fh/;V~ Chairman, Zoning Board of Appeals r . Page -2- (2nd Part) August 22nd, 1986 At the August 12th, 1986 meeting of the Zoning Board of Appeals, a motion was made by Mr. Hirkala to deny the requested variance for ~422, floor area ratio, based on no hardship being presented. Mr. Urciuoli seconded the motion. Vote: Mr. Caballero - aye Mr. Cortellino - abstain Mr. Urciuoli - aye Mr. Landolfi - aye Mr. Hirkala - aye The motion was carried. fh-I;V~ Angel Caballero, Chairman Zoning Board of Appeals lb ,