909
(- ~'~C TOWN OF WAPPINGER ~ Appea1No. CfO'l
r I RECEIVED I [ r C'r
\../ NOTICE OF APPEAL Date Lt (~ l "\ C,
JUL 1 5 1986
E~~~eVJH~:E~^
Address LA...) \~::iR!n \-\E.'2.'S> ~OAD
Appellant FllBERT Eo 5C..l-\ILLINQ
WAf'PIN6ffi. FALl~). ~E.W \lOYJ<-
.
Zip Code: I C. '5 ~o
Tel. #: c..CJ7- 2.235
TO THE BOARD OF APPEALS:
1, 1<0 BE rr.l" E ~ SCHI LL I N6 , appeal from a decision of the Zoning Inspector, dated
.. ~t\J'f I '2- , 19~ , and do hereby apply to the Zoning Board of Appeals for: ~ 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 connection with premises located at 80 BR(HH ERS ROJ\O
40 (street & no.)
_12- 19- ca358- O~- G I 0"2.59 -ao ,Town of Wappinger, N."Y.
(zoning <list.) (grid no.)
1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED -ftdtd~ ~6-4w:f' 4k1-~ cJ.kw
~ ~ ." C\. ~ St 2;fl \S lM. C(t-l
\ r I'. _ , (article, sectio or subsection and paragraph)
~fJO -h Q\\\~1V< a. t'\e.t/~..;.. v-::\~ ~ \'2-1 <SuQcU\C.v-~ SeA-\>4 vJ~~C u;t lS re11A\;eJ ~
2. TYPE OF APPEAL (Complete relevant section). *
a. A VARIANCE IS REQUESTED for the following reasons:
~l) Strict application of the Zoning Ordinance would produce undue hardship because: \1\E FlOO~ . Y'LA"-l
, Of T\-\~ \-\6l:'6€ rntS NOT MA'LE" EWJ\N~ION IN CS\\-\E..l2.. A1(EAS VeAllCAL.
i 2) The hardship created is unique and is not shared by all properties alike in the immediate vicinity of this property
andinthisdistrictbecause: \l\E" DES\6fU OF THE HOOSE: AND Tr\E PCS(T10N OF
\t\E \-\OlJSt" 6N. l\-\E f'IDt'ERT"i \'5 UN\Q.UE \N TtiE I\.\EllWrLHCOP.
i~ The variance would observe the spirit of the Ordinance and would not change the character of the district
because: T\-\E \-\O~E \MILL RElV\A\1\J A S\NGLE 'FAM\L,( RES\DENC.E..
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. lNfERPRETATION of the Zoning Ordinance is requested because:
-
d. AGGRIEVED PERSON(S) an appeal is requested because:
3. OTHER REMARKS:
(Use extra sheets if necessary)
~1 ~ ~.<::L/.OO_._
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. 909
Dated July 15th, 1986
Appellant
Robert E. Schilling
Address 80 Brothers Road
Wappinger Falls. NY 12590
At a meeting of the Zoning Board of Appeals on July 14th ,19 86 ,Appeal No. gOg
was considered and the following action on the request for: n A VARIANCE, 0 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 98-gFantOO:!Ot be denied and that the previ"ous
decision of the Enforcement Officer fi be confirmed 0 ~.f@.V6fsOO. 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:
f1-r/;V~
Chairman, Zoning Board of Appeals
Page -2-
July 15th, 1986
At the July 8th, 1986 meeting of the Zoning Board of Appeals, a motion was
made by Mr. Cortellino to deny the requested variance. There are other alternatives
which would not require the granting of a variance.
The motion was seconded by Mr. Landolfi.
Vote:
Mr. Cabellero - aye
Mr. Cortellino - aye
Mr. Landolfi - aye
Mr. Hirkala - aye
The motion was carried.
fh-I;V~
Angel Cabellero, Chairman
Zoning Board of Appeals
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