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TOWN OF WAPPINGER ~ ~. ~
NOTICE OF APPEAL -0
Appeal No. 7,-,) <:
Date S;-4o/8"c;/
Appellant
New York Telephone
Poughkeepsie. New York
Home Mailing
Address
38 Haight Avenue
Zip Code:
12603
TeL#: 473-0967
TO THE BOARD OF APPEALS:
I, The New York Telephone Company . appeal from a decision of the Zoning Inspeclor, dated
l\pri 1 23. . 19-84-. 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 connection with premises located at Meyers Corner Rd
(street & no.,
R-40
19 6258-02-795557-00
lllndno.'
. Town of Wappinger, N. Y.
(LOrung dJst.,
I. PROVISION(S) OF THE ZONING ORDINANCE APPEALED Article IV Section -W- -4/-2 /
Para. -420/'/..)/ Front, Rear & Sideyard set back requirements
(drucle. ~a.110n or sut>sccllon and parallTapnl
2. TYPE OF APPEAL (Complete relevant section). *
a. A VARIANCE IS REQUESTED for the following reasons:
1) Strict application of the Zoning Ordinance would produce undue hardship because:
Property owner will only grant easement to N.Y. Tel if structure is situated as shown.
2) The hardship created is unique and is not shared by all properties alike in the immediate vicinity of this property
and in thisdistrk.'t because: Facility must be located in the immediate vicinity of this
property and this property owner was the only one willing to grant an easement for san
3) The variance would observe the spirit of the Ordinance and would not change the character of the district
bPubli~ utility facilities are permitted in this zone by special use permit. Facility
ecause. will not generate traffic, will be screened and is situated such that it is
b. A SPE~t.a_c(jgt ~gR17rrl~ WdfIJ~W6 Vur~~in1~~']Jiicle , 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
· 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
TOWN OF WAPPINGER
ACI10N ON APPEAL
Appeal No. 756
Dated July 11th, 1984
'Appellant
New York Telephone
Poughkeepsie, NY
12603
Ad~~ 38 Haight Avenue
AtameetingoftheZoningBoardofAp~on July 10, 1984 ,19 ,AppealNo. 756
was considered and the following action on the request for:tJ A VARIANCE, 0 A SPECIAL USE PERMIT, 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. 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 rn be granted 0 be 'den:ied-and-rhcrt tfre-pr~
decision of the Enforcement Officer 0 be Eenfinned KJ 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. 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:
(0) ,
.;'(~/'~;"~~'- ~.t ~J'
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1/
Chairman, Zoning Board of Ap~
""'" ~":'.l',,~~ ~ _. -, "'P<'''t<>f:*"..'-.''," ~
.
At the July 10, 1984 meeting of the ZOning Board of Appeals,
a motion wasrmade by Mr. Cortellino to grant the requested variance.
The motion was seconded by Mrs. Waddle.
Vote:
Mr. Landolfi - aye
Mrs. Waddle - aye
Mr. Urciouli - aye
Mr. Cortellino - aye
Mr. Caballero - nay
The motion was carried.
'" . ~".:".J~.'::Jo.-';'1~
I (
;;/
Joseph E. Landolfi, Chairman
Zoning Board of Appeals