685
~GBOARDOF APPEAlS
TOWN OF WAPPINGER
.
ACTION ON APPEAL
RECEIVED Appeal No.
'JUt: 1 5 J983 Dated J'lly 15th. ] 98'3
ELAINE H. SNDWDEN
685
Appillant Darcel Hunqerford
Wappingers Falls, NY 12590
Address
JB WpnliQQ T~rrRce
At a meeting of the Zoning Board of Appeals on Ju~ 12th ,19 83 , Appeal No. 685
was considered and the following action on the request for: 6ft A VARIANCE, 0 A SPECIAL USE PERMff, 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: .
:-.. - .;.. ...
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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:
c~ The variance 0 would 0 would not change the character of the district, because:
,.... .:.;p)::;. - ...-
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. PLEASE SEE ATTACHMENT
2. SPECIAL USE PERMIT: By resolution of the Board it was determined that the request for a Special Use Pennit 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
Ordinanc~ as requested in your appeal:
4. AGGRIEVED PERSON(S): By resolution of the Board, the following decision was made on your appeal:
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,,/ €' ~~flrAPpeals
CHAIRPERSON,
Appeal # 685
-2-
July 15th, 1983
At the July 12th, 1983 meeting of the Zoning Board of
Appeals, a motion was made by Mr. Caballero, that the trailer
must be removed from the property by the end of three (3) months
and that no further extensions will be granted. 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
..
TOWN OF WAPPINGER
NOTICE OF APPEAL
Appeal No. Ib tf-LS-
Date '-!;~ p- /9c3
Ap~ L)~ ~~
Home Mailing / j> ttJ~ uj-"
Address ~~
W~ /!2y.
Zip Code: I~ Tel. #:.2 97-~ '{ / t-
TO THE'BoARD OF APPEALS:
, appeal from a decision of the Zoning Jnspector, dated
, 19~ , and do erebyapply to the Zoning Board of Appeals for: ~ VARIANCE, 0 A
C ECIAL USE PERMrr, 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL )Jib
AGGRIEVED PERSON(S) (check proper one), in connection with premises located at J r- C l/ ,l(6Y tJ
/17 '1',,) ~ r1 ) , ~ . ' ( & no.)
f\ -c:r-v ,I -() '-'11Y ~ ,TownofWappinger,N.~ ~
(zoning dist.) (giid no.) .
. .~
1. PROVISION(S) OF THE ZONING. ORDINANCE APPEALED !fIT/eLf t-Z;,JEc 1i cJ)!/ C/ .2.-/ J
Id a-1/(JtU dN rr?e//Js/ dAJt!f7i~e 11~~r70 remcJrJe d /jrGG,"IYlJh;Ie-Jo()z-e:
. (arbc1e,sectiOnorsubsectionandparagraph)f"RO/J1 /J7 j f,Jor~ r 7j 0,IIJ cu fry KJ)
2. TYPE OF APPEAL (Complete relevant section)..
~ .
a. A VARIANCE IS REQuESTED for the following reasons: . '."; 7
1) Strict application ofthe Zoning Or~inance would pr~uce undue hardshir- because:J h d-,) r.. b -e; ~::- //AI J < d
t..tf lJ~tn(l, -al)/Le'l I-S j)kr;;-tfldt~-rinJq WIT!) l1IooN-R T/JIrI/!JCj Cclrl.- qr, '.
2) The hardship created is unique and is not sharld by all properties alike in the ~edfate vicinity of this property
and in this district because: L J IY1 ; ~ cI /lJ (). IJ1 J -e r cJ ~ ./J c.-c Y t' r.,J I (/' Y IJ? d I> I / ~ /; C' IJ1 t? ~ .
3)' The variance would observ~ the sp~t of the Ordinance and would not ch~e th~ char~er of the district
because: ON L 7 a..sf( (l1/; fO I" ~ 111 ;;" T C tJ.S I () IIJ / trl 07 . LIfe " II'h ~
. 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:
(Use extra sheets if necessary)
Signature 97JCVU; j() ~
· 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.
.
May 18, 1983
To The Zoning Board,
~~ ~My mobile home has been sitting on Curry Road for a year now.
I am presently living in an apartment with my two children and
trying to pay my bills with much difficulty. The mobile home is
in the papers for my divorce. My husband is contesting, which
means the trailer could sit there for another 3 years my lawyer says.
One pipe has already deteriorated within. I am afraid to leave
it for another winter.
I,am hoping that the zoning board will reconsider my case in
this important matter. I am considering a mobile home in the future.
.
j
Sincerely,
~
OFFICE OF THE
ZONING ADMINISTRATOR
TOWN OF WAPPINGER
TOWN HALL
WAPPINGERS FALLS, N. Y. 121590
Ta.. 287.eZ'.
January 18, 1983
....'L ...
Mrs. Darcel Hungerford
18 Wenliss Terrace
Wappingers Falls, New York 12590
Dear Mrs. Hungerford:
I have forwarded your letter to the Zoning Board of Appeals and to
the Town Board for their review. Unfortunately, however I cannot
think of any way to relieve your problems. The zoning laws were
formulated and adopted by the Town Board and under State Law the
Zoning Board of Appeals can vary the strict letter of the laws only
under certain strict guide lines. Personal hardships are not reasons
to vary zoning laws. This has been held up in appeal cases time after
time. The hardship.would have to deal with the fact that no other
possible use could be' established on the lot, and in fact a dwelling
.is on the lot nqw:so the one permitted use has been establishedp
My only suggestion would be to consult an attorney with the whole
history, especially if you could establish that a mobile home was on
the lot prior to 1963 (enactment of zoning).
HRG/ dlh
cc: Zoning Board of Appeals
Town Board
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