848
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TO\\'N OF \\:-\PPl:\GER
~OTICE OF APPE.AL
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lMAR 2 0 1986
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AdJress
Appeal No.
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DJ.te Sept. It'). 1985
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AppcU~t
Mr. Fr~nk vi~iri~~i
Rt. 9 & 01d Hopewell Road
Wappingers Falls, NY 12590
TO TIlE BOAlU) OF APl'L\LS:
Zip Code:
Td. #: 297 - 65"/:_
;;.91-7'/'::
I. . 'I<' r~n k vi ~ i ri ~~ i , appeal from a det.'isian of the Zoning Inspector. dated
, 19_, and do hereby apply to the Zoning Board of Appe:.U's for: 0 A \MIANCE, ~ A
SPECIAL USE PERMIT, C AN INTERPRETATION OFTHE ZONING ORDINANCE, 0 AN APPEAL AS AN
ACGRIEVED PERSON(S) (check proper one), in connection with premises located at 'Rt q ~ nl rl H(,T"'E"t.ilO> l' Rc
I A [ C ,f I ( (meet fA. no.J
HB lA 6157-02' V2 0 ::2~ , Town of Wappinger, N.Y.
(LOlUnll Ul,I.) (ylJ no.)
1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED
(illude, ~c:..'lon or sub'tCClIon anu pouaiU'apn I
2. TYPE OF APPEAL (Compkte relevant section)..
a. A \j\RIANCE IS REQUESTED for the following re::LSons:
1) Slrict application of the Zoning Ordinance would produce undue hardship bl'Causc:
2) The hardship created is unique and is not shared by all properties alike in the ~mmed.iate vL::inity of tlus property
and in this district b(.:~;ause:
3) The variance would observe the spirit of the Ordinance and would not ch~ge the ch:l.fJ(."tcr of the district
because:
b. A SPECIAL USE PER.\llT IS REQUESTED pursuant to article IV , section or subsection
Q~_~__' ~ ,p:l.fagraph olZOC_ ~ of the Zoning Ordi~ance to permit trye iallowing use on tile
above premises:, ~
c. INITRPRETATION!h~~JningOrd~~cq~~~tfause: f DcLI~
d. AGGRIEVED PERSON(S) an appeal is requested because:
3. OTHER RE;..1ARKS:
(Use extra sheets if necessary)
Sigflaturc
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. The required plan must accompany the Notice of Appeal.
APPELLANTS ARE RESPONSIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL
l'OTlCE IN THE LOCAL NEWSPAPER.
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f;or .,.
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ZONING BOARD OF APPEALS
TOWN OF WAPPINGER
ACTION ON APPEAL
Appeal No.
848
Dated March 17th, .1986
. Appellant
Frank Vitiritti
Address Route 9 & Old Hopewell Road
Wappinger Falls. NY l?~qO
At a meeting of the Zoning Board of Appea1son M.<ITC'11 111"11 , ,19 86 , Appeal No. 848
was considered and the following action on the request for: 0 A VARIANCE, 0 A SPECIAL USE PERMI'f, 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. 1."he property in question 0 would 0 would not yield a reasonable return if limited to the use permitted under the
Ordinance, because:
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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:
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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 D 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 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 commned, 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:
Request for are-hearing - SEE ATTACHMENT.
fh.//Vd4,
Chairman, Zoning Board of Appeals
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Page -2-
March 17th, 1986
At the March 11th, 1986 meeting of the Zoning Board of Appeals, a motion
was made by Mr. Landolfi to grant the request for a re-hearing. The motion was
seconded by Mr. Cortellino.
Vote:
Mr. Caballero - nay
Mr. Cortellino - aye
Mr. Urciuoli - aye
Mr. Landolfi - aye
Mr. Hirkala - aye
The motion not carried due to one nay vote.
~/;VJ4.
Angel Caballero, Chairman
Zoning Board of Appeals