677
'" /I .. ~ZONING BOARD OF APPEALS
~. TOWN OF WAPPINGER
ACTION ON APPEAL
RECEIVEr
Appeal No.
677
JUN 2 1 19831 Dated June 20th, 1983
ELAINE H, SNOW8EN
Appellant Roger T. & Sylvia R. Hetherington Address 'Rn 1 _ Rrw' 116
Hill Road, FiRhkill, NY 125?d
O~bo't"n€'
At a meeting of the Zoning Board of Appeals on Jnn e 1 4 t:h . 19 83 . Appeal No. 677
was considered and the following action on the request for:~A VARl~CE. 0 A SPECIAL USE PERMrr, 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:
I
c. The variance 0 would 0 would not change the character of the district, because:
.,..... 'T~
Therefore, it was further determined that the requested variance IX! be granted Q-be-EIeffied-and that the previous
decision ofthe Enforcement Officer Gl-be-een.firmed [X be reversed. PLEASE 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:
~??!lL~-~ ,
Ghfliffntlft, Zoning Board of Appeals
CHAIRPERSON,
Appeal # 677
-2-
June 20th, 1983
At the June 14th, 1983 meeting of the Zoning Board of
Appeals, a motion was made by Mr. Cortellino, to grant the variance
following the recommendation of the Dutchess County Department of
Planning. The motion was seconded by Mr. Landolfi.
Vote:
Mrs. Waddle - aye
Mr. Cortellino - aye
Mr. Urciuoli - aye
Mr. Caballero - aye
Mr. Landolfi - aye
The motion was carried.
~'i.
.~~:~
~
.
(Mrs.) Carol A. Waddle, Chairperson
~
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TOWN OF WAPPINGER
NOTICE OF APPEAL
Appeal No. U 7 '7
Date ...r //7/ ~3
# ;
o -.-.. o.u& 0 t\ ' 0 \ \ ,t .. -4-- Home Mailing -*" -' ~ f'. I
Appellant \'-'-"(f' I · :"(S^<\.. \\. ~Uw Address K W::, ~, llb Q&':IDw. \'Wi.!( \?<f
, ,-'. " ", ',' ,,' Zip Code: \ ~S .~ L.\ Tel. #: ~q (., -q,~~, ~
TO TIlE BOARD OF APPEALS:
'\ . . , appeal from a decision of the Zoninj Inspector, dated
. , 19~, an hereby apply to the Zoning Board of Appeals for: 'ijf A VARIANCE, 0 A
SPECIAL U PE rr, 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN .
AGGRIEVED PERSON(S) (check proper one), in connection with premises located at ~~ o..A.. ~
. ,- l\ (strcet & no.)
9..-, 5"' <..~ g. 4- 0 ,~ I c;, to {) l - Y 1'8 E:J, 0 OolA tt~ OS" S , Town of Wappinger, N.'Y. .
(zoning dist.) (grid no.) .
2. TYPE OF APPEAL (Complete relevant section)..
a. A VARIANCE IS REQUESTED for the following reasons:
If Strict application o~ Z~~eance 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: ~ ~6. ~ .
3) The variance ~ould observe the spirit of the Ordinance and would not change the c~aracter of the distW .......
because:~~~~eQ.. ~~ ~~~~L-x::ka~iuL\NlJ"'\"u.......
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:
CJ 0' \~ ".
(Use extra sheets if necessary) Signature y ""- \( \. 0Jv"lIJ' J,.. co ~ ",,-;: ,
· The required plan must accompany the Notice of Appeal.
APPELLANTS ARE RESPONSIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL
~OTICE IN THE LOCAL NEWSPAPER.
~~1
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May 16, 198:5
Roger T. and Sylvia R. Hetherington are seeking a variance
on property 418560 to enable the sale oE property 440565.
The properties are described in two deeds recorded in liber
635CP and liber 903 CP 494.
The following is the history oE property 418560:
A summer cottage was built in 1938-19:59.
The property was sold in 1953 to the Passalacquas. They
expanded the home to a two-bedroom house with a family
rooll'in a walk out basement. They also added a workshed, gara.ge
and a gazebo allon less than an acre of land.
...
For approximately 29 years the Passalacquas had an ease-
ment for entering and exiting the property to a driveway
that is seven feet from the front steps and owned by Charlotte
/
Osterc.
, ......
.......:
Theresa Passalacqua sold the home to us in Dec. 1981
and we still maintain the easement.
Some time between 19:58 to 1981 the property was zoned
as R-40 and never conEormed to the requirements.
The Passalacquas purchased property 440565 from
Frank and Charlotte Osterc in 1959.
The property is. zoned R-15, the square footage is 22
to 23 thousand square feet, conforming to the R-15 require-
mente
We have no options for using the property as a driveway
for the following reasons:
1. If we would put a driveway through property 440565,
it would have to extend into property 418560. It would be
,. _. '._N....~._
.,
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ncessary lor us to remove some fruit trees, we would have to
knock out the back of the garage, relocate our leach lields
and our septic tank.
2. If' we would put a dr1vew8;T through property 440565, it
would have to extend into property 418560, it would be
necessary tor us to remove some fruit tress and oak. trees.
bring in some .till' so we could have an approach to the
dri,.eway owned by Oharlotte Ostero to enter our garage.
Both ot the above are a hardship. We are asking' .tor
a variance on
our property that has never conformed to R-40.
R~ f,i · L
~ s~ /6 - 83 .
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TOWN OF: hAP? INGER fAll~ TOWN OF WAPPINGER FA~lS~ TOWN OF ~AP~ INGER FAllS ~
. t
313.1' + 13 o. 7 0 + bS. Sj .:;, 581# 3Cf
NAME
HETHERINGTON, ROGER T
GRID NO. .
19-6156-01-418560-00
Bill NO.
2335
NAME
HETHERINGTON, ROGER T
GRID NO.
19-6156-01-418560-00
BilL NO.
2335
NAME
HETHERINGTON. ROGER T
GRID NO.
19-6156-01-418560-00
BILL NO.
2335
........ -. RECEIPTED
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. RECEIPTED
RECEIPTED
DATE
DATE
DATE
RECEIVED
BY
RECEIVED
BY
RECEIVED
BY
NO PENALTY IF PAID BY
FEBRUARY 28TH. ADD 2%
MARCH 1ST TO MAY 31ST; ADD
4% JUNE 1ST TO AUGUST 31ST.
NO PENALTY IF PAID BY
FEBRUARY 28TH. ADD ?%
MARCH 1ST TO MAY 31ST; ADD
4% JUNE 1ST TO AUGUST 31ST.
NO PENALTY IF PAID BY
FEBRUARY 28TH. ADD 2%
- MARCH 1ST TO MAY 31ST; ADD
: 4% JUNE 1ST TO AUGUST 31ST.
. . ,
131.05
AMOUNT DUE 131.05
PENALTY
.. TOTAL DUE
- AMOUNT DUE
PENALTY
TOTAL DUE
AMOUNT DUE 131.06
PENALTY
TOTAL DUE
I
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. .....
'.~'I'J'~"~ . .'....-...-
..:~~~~~.~ _<. ";.,::0: ~ "-
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TOWN OF: WAPP INGER - FALL)l' TOWN OF liAPPI NGER F ALLS~ TOWN OF WAPP INGER FALLS ~ .--'"
NAME
HETHERINGTON,. ROGER T
GRID NO. .
19-6156-01-440565-00
Bill NO.
2331
NAME
HETHERINGTON, ROGER T
GRID NO.
19-6156-01-440565-00
Bill NO.
2337
NAME
HETHERINGTON, ROGER T
GRID NO.
19-6156-01-440565-00
Bill NO.
2331
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RECEIPTED
RECEIPTED
RECEIPTED
DATE
DATE
DATE
RECEIVED
BY
RECEIVED
BY
RECEIVED
. BY
NO PENALTY IF PAID BY
FEBRUARY 28TH. ADD 2%
- MARCH 1ST TO MAY 31ST; ADD
4% JUNE 1ST TO AUGUST 31ST.
NO PENALTY IF PAID BY
FEBRUARY 28TH. ADD 2%
MARCH 1ST TO MAY 31ST; ADD
4% JUNE 1ST TO AUGUST 31ST.
NO PENALTY IF PAID BY
FEBRUARY 28TH. ADD 2%
MARCH 1ST TO MAY 31ST; ADD
4% JUNE 1ST TO AUGUST 31ST.
. ..
Barplll . .a., de.id: with co_Ill .p1ns\ lfllllior'. aeb-11ld. or Corp.
iO-Ellc";;;GE-pL:' AT -B"OADWAY:" -y~ C-: 10004
CONSULT YOUR LAWYER IEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED IY LAWYERS ONLY
r -r;- .
, II \...' .
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THIS INDENTURE, made the 29t11layof December , nineteen hundred and Eighty-One
BE~N ~HERESA PASSALACQUA, residing at Osborne Hill Road,
Fishkill,- New York
,
/ and SYLVIA R. HETHERINGTON, his wife,
party of the fint part, and ROGER T.HETHERINGTON, /residing at Route 82,
RD 2, Fishkill, New York
"'. _Y-
/
party of the second part,
WITNESSETH, that the patty of the first part, in consideration of --------------------
TEN-------------------------------------------7--------
dollars,
~ ',i,.
lawful money of the United States, and other valuable consideration
paid
~ ,
by th" party of the second part, does hereby grant and release unto the party of the second part, the heirs or
I
successOrs and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being in th~ TOWN OF WAPPINGER, County of Dutchess and State
of New York, bounded and described as follows: .
BEGINNING at a point, said point being the intersection of the
.westerly line of Osborne Hill Road with the northerly line of
lands now or . formerly of Valle, Liber 1531 cp 43, and running thence
along said northerly line of Valle, North 890 57' 30" West 222.16
. feet to a point; thence along the westerly line of lands of said
Valle, South 030 25' 10" West 85.50 feet to a point; thence along
the northerly line of lands now or formerly Osterc, North 870
22' 00" West 200. 93. .feet to a point; thence still .along lands now
or formerly Osterc, North 000 51' 30" East 133.09 feet to a point;
thence along the southerly-line of lands now or formerly Hill,
Liber 1544 cp 52, North 810 51' 20" East 204.00 feet to a point;
thence still along the southerly line of lands now or formerly
Hill and'lands now or formerly Fortin, Liber 1075 cpl16,
respectively, North 870 23' 10" East 252.71 feet to a point;
thence along the westerly line of Osborne Hill Road South 160
14' 00" West 101.61 feet to the point of BEGINNING.
~eing the same premises described in two deeds recorded ~
L;!ber 635 cp 316 and 1iber 903 cp 494. . ----l
Together with a right of way for the purpose of ingress and egress
over Osterc Road from the above premises to Osborne Hill Road.
AT
TCHESS COUNTY CLERK'S OFFICE
ON TH~DAY OF DEe... 19R1
H ~~ M~M. RECORDED IN
B OK No.iS'l' OF DE'eJe.
A PAG~_-;),l "NO EXAMINED
. ",.e~~ CLERK
7647
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