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893 ... ZONING BOARD OF APPEALS TOWN OF WAPPINGER ACTION ON APPEAL Appeal No. 893 Dated June 12th, 1986 Michael Schnorr Appellant Schnorr Plumbing & Heating Wappinger Falls, NY 12590 Address Myers Corners Road At a meeting of the Zoning Board of Appeals on June 10th ,19 86 ,Appeal No. 893 was considered and the following action on the request for: [XI A VARIANCE, 0 A SPECIAL USE PERMI'f, 0 AN INIERPRETATION 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 .ee-g1'1lftted []I be denied and that the previous decision of the Enforcement Officer Dl be confirmed 0 -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. INIERPRETATION: 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 ofthe Board, the following decision was made on your appeal: f/-r1;V~ Chairman, Zoning Board of Appeals . ~.. Page -2- June 12th, 1986 At the June 10th, 1986 meeting of the Zoning Board of Appeals, a motion was made by Mr. Cortellino to deny the requested variance. There was knowledge of where the building was to be and the applicant should have been aware of the Zoning Ordinance and what the requirements were, and, therefore, he went into business, perhaps, thinking that the Zoning Board would grant a variance. There was no assurance the Board would grant the variance. Mr. Caballero added that the sign would be to close to the road and would be distracting because it is illuminated. The motion was seconded by Mr. Hirkala. Vote: Mr. Caballero - aye Mr. Cortellino - aye Mr. Urciuoli - aye Mr. Landolfi - abstain Mr. Hirkala - aye The motion was carried. fh.11V~ Angel Caballero, Chairman Zoning Board of Appeals ZBA/lb '.. \. TOWN OF WAPPINGER NOTICE OF APPEAL ~ Appeal No. ~ Ll '~ tu.CEIVED Date Al ,,--9 ~ I ~ 0J 'JUN 1 3 1986 (~ \'\CV\G<L\ Appellant \;)\\'~\'W ~~ 's,~ ')y TO lHE BOARD OF APPEALS: ~1 ~"Q. \ &\1 \"Clrr . appeal from a decision of the Zonmi Inspector, dated ~ -" , 19~ , and do hereby apply to the Zoning Board of Appeals for: 'r5iA VARIANCE, 0 A 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 at \'v\ YCLrs rnrT'C'~ prt - '- ~~&~ \\ ')~ J Q;0 i.::) 'f; ~ 0 ~ ' I S L( ~ 0 l 0 , Town of Wappinger, N.Y. (zo . t.) (grid no.) A~ 4l.(lL,S~ ' -IS' t ' I. PROVISION(S) OF THE ZONING ORDINANCE APPEALED ~~ Q\-ha (" , ELAINE H. SNQWDEN . Home MailinB en Q \ 'Address yc...rs l\'crs ~\ / ip Code: \~q n Tel. #: ' 2. TYPE OF APPEAL (Complete relevant section). * a. A VARIANCE IS REQUESTED for the following reasons: I) Strict ap'plication Of.the, Zo~ OrdinaIlc~ would produce undue har~hip be~use~Q. S\s:\ Y\ \..COG\ c\ rc+ bQ V\S\ b\Q r-fbm \'i'if!-'S Co,n<2rSkc:oa \Y\ <2:\-\-hQ'\ 'd \ \Q.c:hQl 2) The hardship created is unique apd is not s~ \d t; \(g properti~s alike ip., the, imniedi~' at vicipI.!y of thi~ property . l andinthisdistrictbecause:~J:1\.s ~r :l.~ a,r D~.or~oPtr., \~ ~~'U~~'!l, . , '-rr ,C. Pl Q.(=\ \Q.S b:hl <ZX:'\ '\\ c.:\OQS, T\\...I.Ve, H,~ a..Y\d <2h\\...~ Q 0\'\ -\-he c(rt- ro Qr \\r\<Z. \ r-\\S Cb~fQ.-tQ,Y .ct:x:'.\S VIC', " 3) The varianc~ would observe ~ spirit of the ordiRn~e ~d WOll tl nqt ch~~e fhe41aract~r of the ~;rict ~,~ -.J b) l~ because7T"\r\<2("",Q. 0.\'""'<1- o-\-\:C2'r \\JZ.~C\Y1~JO\hC~ t)l)s\\\Q....s~.:=y\Wnh <5\0.\\9 8J\Ynurid\()~---\r)\9 fro?G~17 ' b. A SPEC-IAL USE PERMIT IS REQBESTED 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: CO'-.B\ Y\8 (Use extra sheets if necessary) , \QS c.... Signature /7~ (~.!J i-: "j" c--"..s~ ./~~ * 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.