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866 . TOWN OF WAPPINGER " f\ " I 1 ) ,'; _ \ ~ NOTICE OF APPEAL ~~. Ivrn CC \j}.I . JAN 2.3 1986 ftz2/1 ;./rJ7 . ELAIN~ Appellant CJ;;" ~Lt,<)/J &:,//L1Ji#G 1J5S OCi"~l~:S: I~ Address gpo, 80>1 A~iIE()ltLt:, NO81/- Cfi~JJI:Y Zip Code: '288'cJ2 Appeal No. ~ l0 ('.p Date i ,)../ ;) (' i C[ '\' , 70 TO THE BOARD OF APPEALS: I, PI Z2~ ;hJ r , appeal from a decision of the Zoning Inspector, dated uCt'7/7&7Z. /-?, ,19 e( ,and do hereby apply to the Zoning Board of Appeals for: 0 A VARIANCE, %' A SPECIAL USE PERMI'f, 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN AGGRIEVED PERSON(S) (check proper one), in connection with premises located at Rc{)ll?~ /l; ot..C).er 9' (street & no.) ;Je-IJ -- ~2 tR/58-04-B?'205? ,TownofWappinger,N..Y. (zoning dist.) (grid no.) :-': -..~ ' :. .:::l,f . Tel.#: ~c4'" 253-tJ9?o o/'eCllt7i/ , 1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED 42'2 (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 PERMIT IS REQUESTED pursuant to article , section or subsection 47 Z , paragraph of the Zoning Ordinance to permit the following use on the alx:!ve premises: t!l ~r/'OrJ ~ ,eE'&J7k} e;1 V 7 c. INIERPRETATION 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 NE\VSPAPER. ZONING BOARD OF APPEALS RECEIVED TOWN OF WAPPINGER ACTION ON APPEAL Appeal No. 866 JAN 2,3 1986 Dated January 21st, 1986 ELAINE H. SNOWDEN Pizza Hut c/o Building Carolina Associations, Inc. Appellant Asheville, North Carolina 28802 Address P. O. Box 70 At a meeting of the Zoning Board of Appeals on January 14th ,19 86 ,Appeal No. 866 was considered and the following action on the request for: 0 A VARIANCE, ~ 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 C 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 XX be granted 0 be:denied;-pursuant to article , section or subsection 422 , paragraph of the Zoning Ordinance and, therefore. the decision of the Enforcement Officer rn be reversed 0 ge-~Fffied, 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: Page -2- January 21st, 1986 At the January 14th, 1986 meeting of the Zoning Board of Appeals, a motion was made by Mrs. Waddle to issue the Special Use Permit pursuant to the Planning Board's resolution, this meets the approval of all agencies. The motion was seconded by Mr. Landolfi. Vote: Mr. Caballero - aye Mr. Hirkala - aye Mrs. Waddle - aye Mr. Landolfi - aye Mr. Cortellino - aye The motion was carried. lb