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ZONING BOARD OF APPEALS
TOWN OF WAPPINGER RECEIVED Appeal No. 754
AcnONON APPEAL 'JUN Ij)1984 Dated 6/14/84
Appellant Jon Phillips,
Poughkeepsie, New York
ElAl~F H. ~"n'''''~',
Address 1 Dar a Lane
At a meeting of the Zoning Board of Appeals on June 12th ,19 84 ,AppealNo. 754
was considered and the following a1..1ion on the request for: iXJ A VARIANCE. 0 A SPECIAL USE PERMIT. LJ 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 c; would C would
not produce undue hardship for these reasons:
a. The property in question 0 would C would not yield a reasonable return if limited to the use permitted under the
Ordinance, because:
b. The hardship created [] is C is not unique and 0 would C would not be shared by aU properties alike in the
vicinity of the property and in the same use district, because:
c. The variance LJ would L= would not change the character of the district, because:
Therefore, it was further determined that the requested variance ~ be granted C be'denicd and that the previous
decision of the Enforcement Officer U ~~6ftftrffi€Q G be reversed. 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 0 be denied, pursuant to article I section or subsection , paragraph of the
Zoning Ordinance and, therefore. the decision of the Enforcement Officer [] 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:
~~J ~ ~o
Chairman, Zoning Board of Appeals
ZONING BOARD 'OF ApPEALS
TOWN OF WAPPINGER
TOWN HALL
WAPPINGE"~S FALLS. NEW YORK 121580
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TIEL. 287.82157
Page 2
June 14th, 1984
At the June 12th, 1984 meeting of the Zoning Board of Appeals,
a motion was made by Mrs. Waddle to grant the requested variance.
The motion was seconded by Mr. Cortellino.
Vote:
Mr. Landolfi - aye
Mrs. Waddle - aye
Mr. Urciouli - aye
Mr. Cortellino - aye
Mr. Caballero - aye
The motion was carried.
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Joseph Eo Landolfi, Chairman
Zoning Board of Appeals
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TOWN OF \VAPPINGER
NOTICE OF APPEAL
Appeal No. "7 .5 V
Date v~h_}//97/
Appellant J"' 0 N
fo () f.:"ff r.. FE:f S IE
PHILLIPS
AI V..
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Home Mailing
Address lOA R fJ
Zip Code:
11-b 0 I
Ln 11/2
Tel. #: 'II, 2: So 7}
TO THE BOARD OF APPEALS:
I, ~/1 r~;/~;S . appeal from a decision of the Zoning Inspector, dated
,19_, and do hereby apply to the Zoning Board of Appeals for: ~ VARIANCE, ~ A
SPECIAL USE PERMIT, 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN
AGGRIEVED PERSON(S) (i.:heck propt:r one;. ill conncl:rion with premises located at d)'lcU/~66t.dt &1If,.f;/'
(\(r~&no.1
A!- 20
(zomng dist.)
C,/57 -01- ~/'1 #110
(grid no.)
, Town of Wappinger. N. Y.
1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED 4.p<./~
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L.j f- 5'1:e (-4 h... N5 ~ a b~ S:.-H-
larllde. sccllon of subscc!lon and ~ragrapn)
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Se~7. ~21
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2. TYPE qF APPEAL (Complete relevant scc.lion). *
a. A VARIANCE IS REQUESTED for the following reasons: -4 ~ e a, '1"-/a,ch~if .s-4'<::c. r
1) Strict applkation 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: S;~ /I~cAcL ,4J,4,( ~"'7 s;fub//;"/ ~~OS'cJ2 ,a,:v I~/;~ cJ~
(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.
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DALEO & HALL
LAND ~UR\'I<';YORH
5 ALBANY POST ROAD
HYDE PARK. ~EW YORK 12538
~l J( 'IIA~;L A. DALBO
!-ll'E:-I(,~;J.I !-l. IIALL
TELEPHO:-lE
(914) :l~tNf:iH::i
r~ a y 2 0, 1 9 8 4
~e: Variance /\pplication for Jon Phillips
Town of Wappingers , Dut. Co. , N.Y.
Reason for Variance ~equest.
The Property in Question contains two existing structures,
f a vacant House) & ( a Block Warehouse ), both of which
were erected prior to the adoption of zoning regulations
in the Town.
The applicant has a unique situation do to the fact that
a commercial type building was and still is existing and
a house also exists on the land in question.
In this case strict application of the zoning ordinance
would deprive the applicant of the reasonable use of the
land and buildings as they now exist.
The granting of the variance would not be detrimental to
the public interest or neighborhood since it would only
serve to improve the house on lot, and would not alter
the existin0 use of the block warehouse
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