771
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.: REC I D {fJ3u lu-~( C-i-- TOWN OF WAPPINGER
NOTICE OF APPEAL
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RrCEIVED
AUG 1 5 1984
Appeal No. #" 77/
Date 7/.2 b J cf If
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EUINE H. SNOWDEN
Appellant lnrn ?)' Agos'b "is
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Home Mailing ')
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Zip Code: IrJ S 'II Tel. #: 91'-
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TO THE BOARD OF APPEALS:
I, L.oWl ,I)' 4jO~IJ)'Vj ,appeal from a decision of the Zoning Inspector, dated
::riA' \1 ;2, . 19~. and do hereby apply to the Zoning Board of Appeals for: ~ A 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 conna:tion with premises located at I(t. 9
t+15 - .2 A-
(wrung dist.)
It! -('/~b -O::l, - 0M~ 9t9-Ot>
(grid no.)
(stree! & no.)
. Town of Wappinger, N. Y.
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l. PROVISION(S) OF THE ZONING ORDINANCE APPEALED Art. ~
R .n bu/ } l; y1 Ii Jh
I (article. S(.'Clion 4.lI' subsection and paragraph)
thre~ ;ix;.() .s~l3>lS
2. TYPE OF APPEAL (Comptete relevant section).. $ eE- trlf.;ath~
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a. A VARIANCE IS REQUESTED for the following reasons:
I) 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
. 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:
3. OTHER REMARKS:
(Use extra sheets if necessary)
Signature
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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.
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COM .
DJAGCSTINCJS ~a
NURSERIES INC. \..
July 25, 1984
Zoning Board of Appeals
Town of Wappingers
Box 324
Wappingers New York 12590
Re: Notice of Appeal
Gentlemen:
P~ease be advised Dom D'Agostino's Nurseries Inc. is applying for a variance
for the following reasons:
In accordance with the town ordiance we already have permission to build another
building on this site. Due to economic reasons. ~ we find ourselves in a unique
situation. and to alleviate the financial burden. we would like permission to
use this building as a rental parcel. Therefore we are requesting to have the
building face Route 9 and the dimensions changed from 85 x 120 to 90 x 130.
;fn conjunction with the above request. we find it necessary to also request a
~ign variance for three signs. no greater than 2 x 20' for rental purpose.
As our proposal uses only 12% of lot coverage when 25% is allowed we feel our
request to be a resonab1e one for a commercial site of this type.
The board knows our record as reliable substantial business people and hope
they will take this into consideration when making their decision.
Sincerely.
Dom D'Agostino's Nurseries Inc.
Dom D'Agostino
President
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ZONING BOARD OF APPEALS VEO
RECEl
TOWN OF \VAPPINGER 1984
AUG 1 5 .
ACTION ON APPEAL
ELA1KE tl. SNOWDEN
Appeal No.
Dated 8/15/84
771
Dom D'Agostino's Nurseries, Inc. 2 Mahopac Plaza
Appellant Address
Mahopac, ~N NY 10541
At a meeting of the Zoning Board of Appeals on Auqust 14th, . 19 84 . Appeal No. 77l
was considered and the following action on the request for: l3 A VARIANCE, [] A SPECIAL USE PERMIT, [] AN
INTERPRETATION OF THE ZONING ORDINANCE, [] 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 L would [J would
not produce undue hardship for these reasons:
a. The property in question [J would = would not yield a reasonable return if limited to the use permitted under the
Ordinance, because:
b. The hardship created ~_ is ;-= is not unique and C would [J would not be shared by all properties alike in the
vicinity of the property and in the same use district, because:
C. The variance C would :~ would not change the character of the district, because:
Therefore. it was further determined that the requested variance C -Be: grilR~e. ex be denied and that the previous
decision of the Enforcement Officer ~ be confirmed C beTeversed: SEE ATTACHMENT
2. SPECIAL USE PERMIT: By resolution of the Board it was determined that the request for a Special Use Permit [J be
granted LJ be denied. pursuant to article , section or subsection . paragraph of the
Zoning Ordinance and. therefore. the decision of the Enforcement Officer L 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. Zoning Board of Appeals
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Appeal # 771
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August 15th, 1984
At the August 14.:h, 1984 meeting of the Zoning Board of Appeals,
a motion was made by lrrs. Waddle, that the requested variance be
denied. The motion was seconded by Mr. Cortellino.
Vo te :
Mr. Landolfi - aye
Mr. Caballero - aye
Mr. Urciouli - aye
Mr. Cortellino - aye
Mrs. Waddle - aye
The motion was carried.
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Mr. Joseph
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E. Landolfi, Ch~irman
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