690
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/1#' . 'n . ZONING BOARD OF APPEALS
C-/- ~ RECEIVED
tOWN OF WAPPINGER
. . 'JUlt 1 5 ,1983
. ACfION ON APPEAL . i
ELAINE H. SNOWDEN
Appeal No. fiqO
Dated July kr:;t:", 1 qA~
Ap~ Ethel Zettl Zaqyva
Wappingers Fall~, New Vork l?r:;qO
Address
Kent ~oild
At a meeting of the Zoning Board of Appeals on July 12th ,19 A1 ,AppealNo. fi90
was considered and the following action on the request for: XXA VARIANCE, 0 A SPECIAL USE PERMn; 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:
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Therefore, it was further determined that the requested variance G -be grMted EX be denied and that the previous
decision ofthe Enforcement Officer Dc be confirmed Q..ge..r.~. 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 confumed, because:
3. INI'ERPRETATION: The Board adopted the following resolution which stated its interpretation of the Zoning
Ordinan~ 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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CHAIRPERSON,
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Appeal # 690
-2-
July 15th, 1983
At the July 12th, 1983 meeting of the Zoning Board of
Appeals, a motion was made by Mr. Caballero, to deny the
requested variance. 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.
f? - (7 ~~~e.
~y~ .
(Mrs.) Carol A. Waddle, Chairperson
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. TOWN OF WAPPINGER
NOTICE OF APPEAL
Appeal No. 6 '9 cY
Date ~/I/'5'/Y-.~
Appellant
. Ethel Zettl Zagyva
Home MaiIin~
Address ~'__ -Kent-Road
Zip Code: 12590
"
Wappinger Falls, New York
Tel. #~
297-2993
TO THE BOARD OF APPEALS:
E the I Ze t t I Z agyv a , appeal from a decision of the Zoning Inspector, dated
J un e 1 , 19~ , and do hereby apply to the Zoning Board of Appeals for: 66 A VARIANCE, 0 A
SPECIAL USE PERMI'f, 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN
AGGRIEVED PERSON(S) (check proper one), in connection with premises located at Kent Road (no number)
(street &. no.)
s Town of Wappinger, N.Y
I,
R-1
(zoning dist.)
19-6258-03-213123
(grid no.)
1. PROVISION(S)OFTHEZONINGORDINANCEAPPEALED Article IV ~ Section 421
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2. TYPE OF APPEAL (Complete relevant section)..
a. A VARIANCE IS REQUESTED for fhefollowing reasons: See Attached
1) Strict application of the Zoning Ordinance 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 t section or subsection
, paragraph of the Zoning Ordinance to permit the following use on the
above premises:
c. INTERPRETATION ofthe Zoning Ordinance is requested because:
d. AGGRIEVED PERSON(S) an appeal is r~quested because:
3. OTHER REMARKS:
(Use extra sheets if necessary)
Signature
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· 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. ~.. ,,~.
Attachment to Notice of Appeal
Appellant - Ethel Zettl Zagyva
Appeal from decision of Zoning Inspector dated June 1, 1983
Attached hereto is a subdivision map known as Zagyva Subdiv-
ision Map filed in the Dutchess County Clerk's Office as Map Number
4061. What is designated thereon as a one story frame dwelling
was prior to June 13, 1973 used as an eight room hotel or boarding
house. What is shown as a barn has been used as a two apartment
dwelling house. On June 13, 1973 the Zoning Board of Appeals of
the Town of Wappinger granted a variance permitting the use of the
"one story frame dwelling" as a three family residence rather than
eight hotel units as being more in keeping with the residential dis-
trict.
Shortly thereafter and on November 23, 1973, a building permit
was granted to construct a residence in the "barn". Instead of a
one family residence, there was constructed a two family residence.
Ethel Zettl Zagyva who survives her late husband states that the
premises has been;~sed ~s a two family residence and has been taxed
as a two family residence and in keeping with the original reasons
for granting the variance, that is, the use is less dense than an
eight unit hotel, requests this Zoning Board of Appeals to grant
the requested variance.
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. OFFICE OF THE .' . .. .' . ~
ZONING ADMINISTRATORJ~1tU~m\ \.
TOWN OF WAPPINGER ~~~ tt\)}
, TOWN HALJ.., '.., .~
WAPPINGERS FAl.LS. N. Y. '2!SlX) JU" ·
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TIL. .87..28.,
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p.E.RRY. 5~ ..
June I, T983 ..J
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Perry Satz, Esquire
30'9 Mill Street
Poughkeepsie, New York 12601
RE: Zagyva illegal use
Dear Mr. Satz:'
As per our conversation this' morning, I have determined now that
there a,re four (4) legal dwe1ling~ on the Zagyva property off
Kent Road, but the fifth (in the small cabin) did not have ~
approval'or a Certificate of Occupancy.
Therefore, the cabin must be restored ,to a single-family dwelling,
as per the 1973 pc~rnl~ indicated (73-422).
You have a'right~to appeal my decision to the Zoning Board of
Appeals and I will withhold any further action on this matter until
June 16, 1983 (one day after the deadline to get this matter on the
Zoning Board of'Appea+s agenda for JulY1
Mere~Y I
H~nsi~ ~~
Building Inspector &
Zoning,~dministrato~
HRG/dlh
CC: Rouer t:. RttlH.H1lua" E~:H1Ull'e
Thomas Logan, Assessor
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