723
i
ZONI~G BOARD OF APPEALS RECEIVED
TOWN OF \VAPPINGER
ACTION ON APPEAL
~
JAN 1 3 1984
Appeal No.
723
Dated
ELAINE It SNOWDEN
,Tanll<'l ry 11 t-h, 1984
Appellant Dam D' Agostino's Nurseries.. IncAddress Route 9
Fishkill, NY 12524 - 2 Mahopac Plaza, Mahopac, NY 10541
Atamcetin~oftheZoningBoardofAppealson January 10th, .1984 . Appeal No. 723
wa'i considered and the following action on the request for:jG A VARIANCE. !J ^ SPECIAL USE PERMIT, ~J AN
INTERPRETATION OF THE ZONING ORDINANCE. =.:J AN APPEAL AS AN AGGRIEVED PERSON(S), wa'i
taken:
I. VARIANCE: By resolution of the Board, it was determined that strict application of the Ordinance ~J would LJ would
not produce undue hardship for these reasons:
a. The property in question L.J would [-'= would not yield a rea'ionable return if limited to the use permitted under the
Ordinance. because: .
11. The hardship created ,IS 'i~ not unique and! -'= would r:-:: would not be shared by all properties alike in the
vicinity of the property and in the samt: lIse district. because:
c. The vanance . ~ would : would not chanl?:e the character of the district, becaust::
Therefore, it was further determined that the requested variance ~-= b~~.aured XXbe denied and that the previous
decision of the Enforcemem OfficerlC be confirmed E~e\'eI'5ed-: Please see attachment.
., SPECIAL VSE PER~ tiT: By resolution of the Board it was determined that the request for a Special Use Permit :::J be
granted r.:= be I.kmed, pursuant to artIcle . section or subsection . paragraph of the
Zoning Ordinance and, theretore, the decision at the Enforcement Officer be reversed be confirmed, because:
3. INTERPRETATION: The Board adopted the following resolution which stated its interpretatlon 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:
_rrv
Chairman, Zoning Board of Appeals
.c' ...,p .
~. "Vi-ft~f'
.... ,4
Appeal # 723
-2-
January 13th, 1984
At the January 10th, 1984 meeting of the Zoning Board of
Appeals, a motion was made by Mr. Urciuoli, that the requested
variance be denied. The motion was seconded by Mr. Cortellino.
Vote:
Mr. Landolfi - aye
MrQ Cortellino - aye
Mrs. Waddle - absent
Mr. Caballero - aye
Mr. Urciuoli - aye
The motion was carried.
<1a..Jv ~ ~~.
O~ f V'
Joseph E. Landolfi, Chairman