769
RECEIVED
AUG 15 11984
CCJ(ll~
Appeal No. ~ , ~ 9
Date If ,4C / C;, l{
FEE ~~ ') ()O
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: REC' D ~~ul~-.~t. L--TO\VN OF \VAPPINGER
NOTICE OF APPEAL
~
ELAINE H. SNOWDEN
Appellant -R e~ Aa~o cf ates
1(b. q , F~shK;IJ. NV
Home Mailing M .-LL
Address /fIe. r n Lf...,
Zip Code: I ~s.- ;L '/
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Tel. II: ~'6-tJjlf
TO TIlE BOARD OF APPEALS:
I, )Iori;o yt JI/ ~.s . appeal from a decision of the Zoning Inspector, dated
:::r ~ / l/ ;(.3 . 19~ . and do hereby apply to the Zoning Board of Appeals for: Q(A \l\RIANCE, [] A
I
· SPECIAL USE PERMIT. C AN INTERPRETATION OF THE ZONING ORDINANCE, [] AN APPEAL AS AN
AGGRIEVED PERSON(S) (check proper one), in connection with premises located at
(,treet &. no.'
. Town of Wappinger, N. Y.
llonmll; dis!.)
Ignd no.'
I. PROVISION(S) OF THE ZONING ORDINANCE APPEALED Ar-t.rt; .r~UOY) ~75. ~ r~ ~ Si ~ .~
n ' I
t?!r~L,\q .r~a(t.S ~ ~i!~'lJ if; y~ ~-oa.Ul!:. ,u),eYl ';'0 rib artt.. 're1.'fir~"'/
~ ~d. ~ ~ y -, mQl) tuc.t.,r"~J :(relldrtl,~~~~~n or 'U~"~O; ani sara;~;~; rei
,., TYPE OF APPEAL (Comolete relevant section)." .u' J)
. ~e.e.. a(,'C4.t~lj J~~..A!r-
a. A V-\.RIANCE IS REQUESTED for the followmg reasons:
I) Strict application of the Zomng Ordmance 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
abo....e 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 Sljnibti:t.. If /~ /ltd:;
I~~~
· 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.
. J
i
REMS ASSOCIATES
Merritt Park
Route 9
Fishkill, New York 12524
July 25, 1984
Zoning Board of Appeals
Town of Wappinger
Town Hall
Mill Street
Wappingers Falls, New York 12590
RE: Rems Associates
Office Bu~lding site
Route 9 & Middlebush Road
Gentlemen:
The Planning Board of the Town of wappinger at its meetina held July
23, 1984 recommended that Rems Associates petition the Zoning Board of
Appeals for a parkLnq varLance on the size of parkina spaces. It was the
opinLon of the PlannIng ~oard that the changes listed below would lmprove
the overall fuctional and aesthetic aspects of the site, and endorsed the
requested variance from Section 473.2.
Ordinance
Request
Depth of 900 Parking Space
Width of parking Space
Width of Aisle
20
10
25
18
9
24
The requested variance will enhance the appearance of the site, rar-
ticularly as seen from niddlebush Road by the addition of landscaping 1n-
terior to the parking lot; will improve traffic control by the addition af
landscaped barriers; and provide additional space for landscape screenLng
on the western and northern sides of the lot. These changes should not de-
tract from the utility of the site for parking due to the prevalence of
smaller cars; moreover the handicapped parking will be kept the original
size.
The site is unique in two major respects, and strict application of
the standards would impose an economic hardship. Firstly, the site is
shaped such that with 75 foot set backs required on both Route 9 and Middle-
bush Road the building is at a skew to Middlebush Road and intrudes on
potential parking spaces. Secondly, there is a significant difference in
grade between the Route 9 side and the parking area, making use of the
Route 9 frontage for parking very difficult because of grades.
In conclusion, we feel strongly that the requested changes are in the
best interests of both the Town of Wappinger and Rems Associates, and pro-
vides the landscaping and parking needs for this unique site.
'-- lit
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Zoning Board of Appeals
July 25, 1984
-2-
There are enclosed three drawings (4 copies of each): (1) Site Plan
with 10' x 20' parking, 25' aisle: (2) (3) site Plans, two variations with
most spaces 9' x 18', 24' aisle. There are 112 parking spaces in al~ draw-
ings. J '
1//7 /
Very tr~l . ;r; ;. //
REMS AS actA 51 {I
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ZONING BOARD OF APPEALS F1ECEIVEO
TOWN OF \VAPPINGER AUG 1 5 1984.
ACTION ON APPEAL ELAINf H. SNOWDEN
Appeal No.
Dated 8/15/84
769
Appellant
Route 9
Rems Associates
Address
Merritt Park
Fishki11, NY
12524
8/14/ 84 769
At a meeting of the Zoning Board of Appeals on , 19 , Appeal No.
was considered and the following action on the request for: (Z A VARIANCE, [] A SPECIAL USE PERMIT. [J 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 [J would C would not yield a reasonable return if limited to the use permitted under the
Ordinance. because:
b. The hardship created C::: is ,= is not unique and := 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 L: would L_ would not change the character of the district. because:
Therefore. it was further determined that the requested variance C3 be granted C be denied .lnd that the previous
decision of the Enforcement Officer = be'CorrftrrrrecrK: 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 C be denied. pursuant to article . section or subsection . paragraph of the
Zoning Ordinance and. therefore. the decision of the Enforcement Officer CJ be reversed L.J 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:
Ffv' ("..... ~e
. ~~'.!1-c...(-, .-
'y
Chairman, Zoning Board of Appeals
Appeal # 769
-2-
August 14th, 1984
.~
A: the August 14th, 1984 meetling of the Zoning Board of Appeals,
a motion was made by Mr. Urciouli, that the requested variance be
granted. The motion was seconded by Mrs. Waddle.
Vote:
Mr. Landolfi - aye
Mr. Caballero - aye
Mr. Urciouli - aye
Mr. Cortellino - nay
Mrs. Waddle - aye
The motion was carried.
rr ~ ~.
Mr. Joseph E. Landolfi, Chairman
Ib