672
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER
ACTION ON APPEAL
"p.CEIVEr
Appeal No. 6 72
JUN 2 1 1983.
Dated June 20th, 1983
ELAINE H, SNOWDEN
Appellant Greystone H(mR~, TnC'.
POllgh'keepRie, NY l?flOl
Adm~s R? WnRhingrnn ~rreer
At a meeting of the Zoning Board of Appeals on June 14th s 19 R~ ,AppealNo. 672
was considered and the following action on the request for: 0 A VARIANCE, 0 A SPECIAL USE PERMI'T, KKAN
INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN AGGRIEVED PERSON(S), was
taken:
1. VARIANCE: By r~olution of the Board, it was determined that strict application of the Ordinance 0 would 0 would
Dot produce undue hardship for these reasons:
a. The property in qu~tion 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 properti~ 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 0 be granted 0 be denied and that the previous
decision of the Enforcement Officer 0 be confirmed 0 be reversed.
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: PLEASE SEF. A 'T''T'A C'HMRN'T' .
4. AGGRIEVED PERSON(S): By resolution of the Board, the following decision was made on your appeal:
.. ~ ," ~ . t' . ' ,
~~0t2~1
€~ZoningBoardofApp~
CHAIRPERSON,
Appeal # 672
-2-
June 14th, 1983
~
At the June 14th, 1983 meeting of the Zoning Board of Appeals,
Mrs. Waddle read the following:
Mrs. Waddle:
Mental illness can occur at any age, and is usually marked
by disturbances in behavior, feeling, thinking or judgement.
Mental retardation and other developmental disabilities, on the
other hand, originate during the developmental phase of an individual's
life (that is, prior to age 18), and are characterized by deficits
in adaptive behavior (e.g. feeding, dressing, mobility, independent
living). Unlike the mentally ill, whose disability may be either
temporary or chronic in nature, the mentally retarded or developmentally
disabled person's handicap is expected to continue indefinitely.
Under Section 421 in our Zoning Ordinance, I believe that
in residential areas, permitted uses are hospitals, nursing homes,
convalescent homes, medical clinic, philanthropic or charitable
institutions, not including institutions for the mentally ill or
insane, or facilities for the treatment of drug additiction, I don't
believe that this falls into any of those categories, mentally ill
or insane, therefore, I believe the interpretation is that it is
a permitted use in this district, may I have a motion to that effect.
Mr. Landolfi:
I'll make that motion.
Mr. Cortellino:
I second it.
Mrs. Waddle:
All in favor.
Mr. Caballero:
Aye.
Mr. Urciuoli:
Aye.
Mr. Landolfi:
Aye.
Appeal # 672
-3-
June 14th, 1983
Mr. Cortellino:
Aye.
Mrs. Waddle:
Aye.
The motion on the interpretation was carried.
"~~V!t2dft-i.
(Mrs.) Carol A. Waddle, Chairperson
..
(....
.
"
TOWN OF WAPPINGER.
NOTICE OF APPEAL
Appeal No. t;,? ..-:),
Date ~4 ~k '3
AppeUanf
Grevstone House. Inc.
Home Mailing
Address 82 Wash iu~ton Str~t
Poughkeepsie. New York
Zip Code:
J 260 J
Tel. #: (914) 452-792,
TO THE BOARD OF APPEAlS:
I. Narc W. Kelley, Executive Director. ~ appeal from a decision of the Zoning Inspector, dated
Aoril 4 r 19~..aL.r and do hereby apply to the Zoning Board of Appeals for: 0 A VARlANC'E~ 0 A
SPECIAL USE PERMrr. [XJ AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS A l~
AGGRIEVED PERSON(S) (check proper one), in connection with premises located at Whee ler Hill Road
(street" DO.)
, Town of Wappinger. N.~
R-80
(zonina dist.)
t!l{)S'')- tJ 3- 487186
, (grid no.)
I. PROVISION(S) OF THE ZONING ORDINANCE APPEALED S~~t; 0" 4? 1 Nn 5
(article, section or Sl1b~i.ion and paragraph)
..
2.. TYPE OF APPEAL (Completer~!evant s~tion).'"
a. A VARIANCE IS REQUESTED for the following reasons:
I) Strict application of the Zoning Ordinance would produce undue hardship because:
2) The harflship 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 t.o permit the following use on the
above premises:
c. INTERPRETATION of the Zoning Ordinance is requested because: ~e- ort1~~~ l.d-\-ex-
.
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 1:HE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL
_.__.__...._.wr-'.,.....i'""I..... ...'Jw-"I..,'~~.t..........,Y"lII . F\ .1....",
MCCABE & M.A.CK
RICH...RD R. MCC"'BE
PHILLIP SH"'TZ, P. C.
.I. JOSEPH MCGOW"'N
MICH~EL .... H"'VES. JR.
RICHARD A. MITCHELL
ATTORNEYS AT LAW
42 CATHARINE STREET.
POST OFFICE Box 509
POUGHKEBPSIE, N. Y: JJJ60a
EDWARD J. M...CK
JOHN HOWLEY
COUNSEL
EUGeNE J. RIZZO
DAVID L. POSNER
ELLEN L. B"'KER
(914) 452-2800
JOHN E. MACK ('.7~'-le5")
JOSEPH A. MCCABE (.eeO-'''73)
JOSEPH c. MCCABE C1e~l>'II"e'l
BRANCH OrFICE:
AMENt"", NEW YORK
April 18, 1983
Marc We KelleYr Executive Director
Greystone House, Inc.
82 Washington Street
Poughkeepsief NY 12601
Re: Greystone House, Inc.
Our File No: G-2202c
Dear Mr.,Kelley:
The Town of Wappinger, New York Zoning Ordinance, Section 421r
MSchedule of Regulations for Residential Districts" names a charit-
able institution as c:t perm~tted principal use.
The term charitable as commonly used and in its accepted legal sense
- includes the care of and education of mentally retarded and other
developmentally disabled individuals on a not for profit basis.
The Greyptone House, Inc., a New York not for profit corporation has
been established to serve this community need. Greystone House,
Inc. therefore qualifies as a charitable institution. In addition,
it has qualified for tax exempt status under Section 501.c3 IRe as a
corporation organized and operated exclusively for charitable
purposes.,
Since Greystone House, Inc. so qualifies as a charitable institution
it should also qualify as a permitted principal use under the Town
of wappinger Zoning Ordinance.
Very truly yours,
McCABE & MACK
By:
~ 01.. '8oJc.uu
ELLEN L. BAKER
ELB/mvb
GREYSTONE HOUSE, INC.
82 WASHINGTON STREET
POUGHKEEPSIE, NEW YORK 12601
EXECUTIVE DIRECTOR
BOARD OF DIRECTORS
l..AuAACALTAGlRONe VIRGINIA MARX
SueCoHeHGLORIAMoor~
Juom4!)OUGI.ASS DoRIS MulvANEY
DR. Eow1N HuNGeR Dotw.o RICHTER
JoAN Kot.OSIO MAuReEN SIMPSON
ARTHuAMAAx GEORGESI<.'.KB.
O...VloTAYLOR
MNlCW. KEuEv
(914) 452-7922
April 19, 1983
Mr. Hans Gunderud
Building Inspector
P.O. Box 324
Wappinger Falls, New York 12590
Dear Mr. Gunderud:
On behalf of the Augustinian Provincial, the owners of the Augustinian
Novitiates Wheeler Hill Road, Wappinger Falls, and Greystone Houser Inc.,
the proposed lessee of the above mentioned property, I have enclosed a
Notice of Appeal requesting an interpretation of the Wappingers zoning
ordinances. Our attorney, Ms. Ellen Baker of McCabe and Mack, has
suggested an-interpretation on our behalf as we are a not-for-profit
corporation which is included as a permissable use under Section 421
No.5.
For additional information that you require, please do not hesitate
to call me at the above number.
Sincerely,
~e~: ~~i~
Executive Director
jar
Enclosure
GREYSTOl'lE HOUSE ICFIOD
RESIDENCE
VAN KIRK HOUSE ICFiDD
RESIDENCE