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REC I D .. l\ \J! t', (J-TOWN OF \VAPPINGER RECEIVED
NOTICE OF APPEAL ,SEPI 1 2 1984
ELAINE H. SNOWDEN
to eJ.A.-J
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Appeal No. ----l I )
Date July 1984
,L Appellant Dom D' Agostino's Nurseries rne.
Mahopae N.Y.
Home Mailing
Address 2 Mahopae Plaza
Zip Code: 10541
Tel. #914-628-0488
TO THE BOARD OF APPEAlS:
I, Dom D' Agostino ,appeal from a decision of the Zoning Inspt..'Ctor. dated
July 25, 19~ . and do hemi:Jy apply to the Zoning Board of Appeals for: kJ A VARIANCE, LJ A
· SPECIAL USE PERMIT, C AN INTERPRETATION OF THE ZONING ORDINANCE, C AN APPEAL AS AN
AGGRIEVED PERSON(S) (check proper one), in conna:tion with premises located at Route 9
(streel&no.l
fL G - .2 /~
(7.0nmg OISt.,
, 19-6156-02-666989--00
(gnd no.)
, Town of Wappinger, N. Y.
1. PROVISION(S) 0[ TI~E ZO~ING ORDINANCE APPEALED -bt. ~ .:'Sedi (J y) 'tl:2.. re', /}1; r1, muwt)'a~
I ". l ~ f!b. ' 0 f'\ <""' . I. / Rd. I.. I / i ~ -./
1-z' {lfitJw p,- r sCa(.A. i~ dm,'c;htthJYl ;:)11<)1 r-;,-L ~- .,..eq~iYY;!/_~~.~,
<an;de. ,~'l:t1()n or SUOSel:t1on and paragraph I (S(7t- ti:lcK\
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Se~ a~cA~t/
2. TYPE OF APPEAL (Complete relevant section). *
a. A VARIANCE IS REQUESTED for the following reasons:
1) Strict application of the Zomng 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 prepeny
and in this district because:
3) The variance would observe the spirit of the Ordinance and would not change the character of the distnct
bt..'Cause:
b. A SPECIAL USE PERMIT IS REQUESTED pursuant to article , section or subsel:tioIi
, paragraph of the Zoning Ordinance to permit the following use on th~
above premises:
c. INTERPRETATION of the Zoning Ordinance is requested because:
d. AGGRIEVED PERSON(S) an appeal is requested because:
3. OTHER REM.ARKS: see letter attached
(Use extra sheets if necessary)
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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
NOTICE IN THE LOCAL NEWSPAPER.
ZONING BOARD OF APPEALS
TO\VN OF \VAPPINGER
ACTION ON APPEAL
Appeal No. 770
Dated 9/12/R4
Appellant
Mahopac. NY
DOrn D'Agostino's Nurseries Inc-Add
ress
2 Mahopac Plaza
10541
September 11th 84 770
At a meeting of the Zoning Board of Appeals on , 19 , Appeal No.
wac; considered and the following action on the request for: iZJ A VARIANCE, C A SPECIAL USE PERMIT. [J AN
INTERPRETATION OF THE ZONING ORDINANCE, C AN APPEAL AS AN AGGRIEVED PERSON(S), was
taken:
I. VARIANCE: By resolution of the Board:n was determined that strict application of the Ordinance ~ would L- would
not produce undue hardship for these reasons:
a. The property in question LJ would := would not yield a reasonable return if limited to the use permitted under the
Ordinance, because:
b. The hardship cremcd-~ is : = is not unique and == would r~-: would nor be shared by all propertles alike in the
vidnity of the property and in the same use district, because:
c. The vanance ~::: would:--': would not change the character of the district, because:
Therefore. it was further determined that the requested variance ~ be granted LJ b~1:ii:IT1<:ctand that the prevIous
decision of the Enforcement Officer -= be-ccmn-mec:UC be reversed. SEE ATTACHMENT
., SPECIAL USE PERMIT: By resolution of the Board it was determined that the request for a Special Use Permit = be
granted C be demed. pursuant to artICle , section or subsection , paragraph of the
Zoning Ordinance and. therefore. the decision of the Enforcement Officer u be reversed C 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:
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Chairman, Zonmg Board of Appeals
Appeal # 770
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September 12th, 1984
At the September 11th, 1984 meeting of the Zoning I:oard of Appeals,
a motion was made by Mr. Urciouli, that the requested vcriance be
granted. The motion was seconded by Mr. Cortellino.
Vote:
Mr. Landolfi - aye
Mr. Caballero - absent
Mr. Urciouli aye
Mr. Cortellino - aye
Mrs. Waddle - absent
,
The motion was carried.
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Mr. Joseph E. Landolfi, Chairman
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