001
COl?Y
Town Board
~:;:::i=--',_=:::_-::~ ----:
ACTION
TO Mrs. Henrietta Osten APPELLANT
SUBJECT: ACTION OF THE ZONING BOARD OF APPEALS OFTown of Wappinger,
NEW YORK
REFERENCE:. APPEAL NO. 1 DATED March 19, , 19~
AT A MEETING OF THE ZONING BOARD OF APPEALS ON April-2, ,192L
THE REFERENCE APPEAL WAS CONSIDERED AND THE ACTION INDICATED BELOW
WAS TAKEN ON YOUR:
( ) REQUEST OF AN INTERPRETATION OF THE ZONING ORDINANCE
( X) REQUEST FOR A VARIANCE TO THE ZONING ORDINANCE
(( ) REQUESTTFOR A SPECIAL USE PERMIT TO THE ZONING ORDINANCE
BO ADOPTED THE FOLL G RESOLUTION
ATION OF ORDINANCE AS RE
NECESSARY
20 VARIANCE. BY RESOLUTION OF THE BOARD, IT WAS DETERMINED THAT
STRICT APPLICATION OF THE ORDINANCE ~ ( ) WOULD NOT (X)
PRODUCE UNDUE HARSHIP FOR THESE -REASONS:
Ao THE PROPERTY IN QUESTION WOULD ( x) i1mnmXlllfi ( )
YIELD A REASONABLE RETURN IF LIMITED TO THE USE PERMITTED
UNDER THE ORDINANCE, BECAUSEit can be used in accord with existing
zoningregulations;e.g., house, multiple,dwelling, etc.
BoTHE HARDSHIP CREATED XIS ( ), IS NOT (X) UNIQUE AND
~ ( ), WOULD NOT (x> BE SHARED BY ALL PROPERTIES ALIKE
IN THE IMMEDIATE VICINITY OF THE PROPERTY AND IN THE SAME
USE DISTRICT, BECAUSE: otr~r propO:>T'ty OlolJlAT'<;j! mr:.y w1 cih to llse their
property for residential purposes.
Co THE VARIANCE WOULD ( X) ~~ () eHANGE THE
CHARACTER OF THE DISTRICT, BlCAUSE:it would extend or increase
a non-conforming use as outlined in Section 416.02
THEREFORE, IT WAS FURTHER DETERMINED THAT THE REQUESTED
VARIANCE BX~( ) BE DENIED (Xl AND THAT THE PREVIOUS
DECIS ION OF THE ENFORCEMENT OFFICER BE CONFIRMED (X )
Bk~ ( )..
~. SPE~ USEPEi~Mn:BY RE~ OF THE. ~ B IT WAS
T~PECIAL ~ERMI~ '(~ ?
4..' PURSUANT TO ARTICLE 421 , SECTION 1, SUBSECTION
PARAGRAPH of the ZONING ORDINANCE, AND THE DECISION OF
THE ENFORCEMENT OFFICER :xas:~ (t> BE CONFDIRED (X),
BECAUSE: of _the considerations as stated above in points A.B.&C
(SImmD) ;<IN- &/U~
CHAIRMAN, Z6NING BOARD OF APPEALS
TOWN OF Wappinger, New York