730
ZO!'lING BOARD OF APPEALS
TOWN OF\VAPPINGER RECEIVED Appeal No. 730
ACTION ON APPEAL MAR 2,6 1984 Dated March 25, 1984
ELAINE H. SNOWDEN
Appellant Dr _ W _ C _ Johnston
Wappingers Falls, NY 12590
Address Cedar Hill Road Box 34
At a meeting of the Zoning Board of Appeals on March 20. , 19 84 . Appeal No. 730
wac; considered and the following action on the request for:XkA VARIANCE. 0 A SPECIAL USE PERMIT. :.J AN
INTERPRETATION OF THE ZONING ORDINANCE. 0 AN APPEAL AS AN AGGRIEVED PERSON(S), wac;
taken:
I. VARIANCE: By resolution of the Board. it was determined that strict application of the Ordinance i::J would C would
not produce undue hardship for these reasons:
a. The property in question CJ would C would not yield a reasonable return if limited to the use permitted under the
Ordinance, because:
b. The hardship created C i~ ~-= is not unique and C:::: would C would not be shared by all properties alike in the
vicinity of the property and in the same use district. because:
c. The variance D would :--- would not change the charactcr of the district. because:
Thereforc. it wac; further determined that the requested variance:k.k be granted :::rbeltenred and that the previous
decision of the Enforcemcnt Officer ~9<K>eflH~J{}be reversed. Please see attachment.
2. SPECIAL USE PERMIT: By resolution of the Board it was determined that the request for a Special Use Permit C be
granted C be denied. pursuant to article , section or subsection . paragraph of the
Zoning Ordinance and. therefore. the decision of the Enforcement Officer C be reversed C be contirmed. 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 ot Appeals
Appeal # 730
-2-
March 25, 1984
At the March 20, 1984 meeting of the zoning Board of Appeals,
a motion was made by Mr. Urciouli, that the requested variance be
granted. The motion was seconded by Mr. Caballero.
Vote:
Mr. Landolfi - aye
Mr. Urciouli - aye
Mr. Caballero - aye
Mrs. Waddle - absent
Mr. Cortellino - aye
The motion was carried.
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TOWN OF WAPPINGER
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NOTICE OF APPEAL
Appeal No. 7 3 ()
Date 'tt.,!J. I (p. If!' Y
Appellant vJ { L k i' A H.
U)ttfYfN~,RS
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Address C ~ v
Zip Code: /:x .S --cr 0
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Tel. #:896- 87~1
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TO TIlE BOAltD OF APPEALS:
\Al' '.'''Ih 1~('1 e \ :SCHIVS"TlJN ,apPCalfromadecisionoftheZOninglnspector,~71~tt~;
l.. ~M , 19-il. and do hereby apply to the Zoning Board of Appeals for:)(A VARIANCE. .~ A .1r,tt--i!
SPECIA USE PERMIT. r= AN INTERPRETATION OF THE ZONING ORDINANCE, ::.:J AN APPEAL AS AN ~
AGGRIEVED PERSON(S) (check proper one), in connection with premises located at n.? ])ft-'f< HI '- J.. Weir..!> /~ J,'
(street & no.' Ii'
~ - "ID . /q -6:;,56 - or - /.f.IflJ ~5":J-tl-o . Town of Wappinger. N.y'f';
(lOnmll 01'1.1 I gno no,'
I. PROVISION(S) OF THE ZONING ORDINANCE APPEALED rtl..~J4' ~ ~:t<A-~'/;.{ CO, di."'~"tav ; j1~f.
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, I. t 'Imele. 'L'Ulon ,)r slI,bsc '!Ion anO rar~rapl1) I
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.., TYPE OF APPEAL (Complete relevant ~ectionl. *~' j' i 1~,~;,..I>a.Art. ;'1..;J'1t.'7'!./Lth'..-q/ ,-:-::Zt:-rj ~-:,-,.y
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a. A VARIANCE IS REQUESTED for the ioilowing reasons: ~" xLL cY......t/;LL (...I ,J..i\J.-.....L
(!~ Strict application of the Zoning Ordinance would produce undue hardship because:
@) 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:
G\ The variance would observe the spirir of the Ordinance and would not change the character of the disrrict
because:
b. A SPECIAL USE PERMIT IS REQUESTED pursuant to article . section or subsection
, paragraph of the Zoning Ordinance to permir the following use on the
above premises:
c. INTERPRETATION of the Zoning Ordinance is requestcd because:
d. AGGRIEVED PERSON(S) an appeal is requested because:
3. OTHER REl\lARKS:
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(Use extra sheers it necessary)
Signaturc
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* The required plan must accompany the NotIce of AppcaL
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APPELLANTS ARE RESPONS1I3LE fOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL
NOTICE IN THE LOCAL NEWSPAPER.
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W. C. Johnston, M.D.
Cedar Hill Road, Box 34
Wappingers Falls, N. Y. 12590
Tel: 914-896-8729
A variance is respectfully requested which is based on the following
facts and reasons.
1) A deed to this 5 acres was recorded on the 10th day of September
1951 in the name of W. Cecil Johnston and Marian C. Johnston in Liber
783 - Page 472.
2) It is believed that the deeds of the 4 parcels of land on Johnston
Lane all contain a reservation of a right of way of 25 feet in width.
3) At the time of purchase there was no Zoning Board and a home was
built in '53 to '56 on the upper part of the lot and with the ex~ectation
that at some future date the lower part of this 5 acres would be sold
to several home builders.
4) The lower plot of 6.7 acres was bought by Harold Price and a
variance was made permitting him to build a home.
5) At a later date a variance was granted for him to subdivide his lot
and a new residence of Mr. O'Riley is now occupied.
6) Within the last 6 months a black top road was built from the
residence of Mr. Price to Cedar Hill Road.
7) Very recently a young couple from Westchester have placed a small
deposit on a 2.66 lot as described on the accompanying map - provided
a building permit and Board of Health approval can be obtained. A cash
transaction is anticipated.
8) We have been advised by competent people that a reasonable return
on our land cannot be expected by selling one residence on 5 acres.
9) It is hoped that a variance can be granted so that we can attain
a long hoped for goal of having cash to deposit on a condominium in
Fishkill and then sell our home when age and transportation demands that
action be taken.
10) We believe that another residence on Johnston Lane would be of
great benefit to the 2 existing residents as well as to the Town of
Wappinger and other Dutchess County Citizens.
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