008
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APPEAL
APPE.ZU, NO. q DAmR 19 1'0
....... T".__ ~rl- . Cc'
TO Tflli ZONING BOARD OF APPEALS,. TOWN~VILLAGE:OF0 :~N YORK
I (we)_J~;;_ DARSC"~TS PJC.of TJlevm-Corners Pd.~
(Name of Applicant) (Street and N~~ber)
~.:::-~~E.~:'c :"::2..2..= 1\TOT.T Yo..,...k I HEREBY APPEAL TO THE ZONING
--(M~nicipality) (State)
BOAHD OF APPEALS FROM THE DECISION OF THE ENFORCEMENT OFFICER
ON APPLICATION FOR BUILDING PERMIT NO ,DATED ,19
WHEREBY THE ENFORCEMENT OFFICER DID
) G RJ.I..NT
)DENY TO
(Name of Applicant for Permit)
OF
9 .
(Street and Number)
Municipali ty)
State
( ) A PEN~IT FOR USE
( ) A CERTIFICATE OF OCCUPANCY
( ) A SPECIAL USE PERMIT OR EXTENSION THEREOF
( ) A CERTIFICATE OF EXISTING USE
1.
Location of the ~roperty, Street and Number or other Identificat-
ion
~'''''TQ~~C, r;~.,..,c, P":; "''''''"'1 of va'"'1')-i nc:or (Use District on Zonina Man)
2.-PROVISIONS(~j OF THE ZONING ORBINJ.I_~CE APPEALED. (indicate
the Article) J
Section, Subsection and Paragraph of the Zoning Ordinance
being Appealed] BY WuMBER Do NOT QUOTE THE ORDINANCE.
~.wl--i^:c> '.-=..G~"'xu'",r"'l DO-"'U'''''+'';o~c Scct-i')i1. 1.1,)) f'\L') p.....,..,." t,
~...","'l:7'..'lIU~,:..-;~..:c. ..... 0 _Oi........ ..... ,- ..a.;,,:~~u
3. T~PE OF APPEAL, Appeal is made herewith for:
( ) AN INTERPRETATION OF THE zom::mG ORDINANCE
OR ZONING MAP
ex: ) A VARIANCE TO THE ZONING ORDINAl.~CE OR
ZONING MAP
( ) SPECIAL USE PE&~IT TO THE ZONING
ORDINANCE OR ZONING MAP
4. PREVIOUS APPEAL. A Previous Appeal ( ) Has) (:x) H..J\S NOT
BEEN ~~E WITH RESPECT TO THIS DECISION OF THE ENFORCE~lliNT
O;3'FICER OR \\TITH RESPECT TO THIS PROPERTY. SUCH APPEAL (s)
WAS (WERE) IN THE FORM OF ( ) A REQUESTED INTERPRETATION,
( ) A REQUEST FOR VARIAL~CE, ( ) A REQUEST FOR A SPECI.;L
0SE PER}lIT &~ WAS (WERE) ~JillE IN APPEAL NO. ,DATED
19
5. REASON FOR APPEAL. (Complete Relevant Blank. Use extra
sheet if necessary)
a. INTERPRETATION OF THE ZONING ORDINANCE IS REQUESTED
Because:
1\. tta ched lette:~
3xplaining reasons
B. A VA-~IANCE TO THE ZONING ORDINANCE IS REQUESTED For
these reasons:
(All Reasons must be answered)
(1) TI2'HE~;PROPERTY IN QUESTION WILL NOT YIELD A
REASONABLE RETURN IF DEVELOPED WITHIN THE
REQUIREMENTS OF THE DISTRICT WITHIN WHICH
SITUATED BECAUSE:
J2) THE HAl~.SHIP CRF::A~ED IS UNIQUE lL1'ID IS NOT SF..ARED
BY p.LL ?~{OP21~:::;I3S p..LI}(E IN T::'~3 Il'J:'>2DI;..S:EVIC=1~.IS:~Y
OF THIS PROPERTY h~D IN THIS USE DISTRICT BECAUSE
(3)THE VlL~IANCE WOULD NOT CHANGE THE CFJffiACTER OF
THE DISTRICT BECAUSE:
C.A SPECIAL USE PERMIT TO THE ZONING ORDINJ.I~CE IS
,
'..
PUBLIC NOTICE OF EllilllING bEflO:E
'1'~:.E ZOI'~Ir~,G wf.JID OF lu~PLllLS
PLL\..S:C ~'A;~E ~~;::;TICE trlat the ZoninG l;oard of Appeals of the 'lClffi of _ lrJappincer,
2.)(;1'1 York, -vrill l:old a public hem-in;::; pursua.1t to Section L/I b I ~ 6 2-
of the
Zoni:lg Ordi~1ai-.ce en the follo'tvi~~ proposition:
Appeal
Eo. <l
::U:S:~:~ol :,~e"~~~
~,
zoning ordinance, to
~
proposal
bei;;z a. v<;;xiance of l~ticle t/, Section 7'~. /)61 , for property
oW'4:::::cted ~~/~ ~ fY~
(or ether description of req~ested action by the Doard of Appeals).
::I:,:t::~ ~~e on, ti~:g:~ C:t r~ fi1 C'Cl:c~9~
P .1<i.
by resol~tion of the Board dated
#~I
--- ,'It ?>~
,,19~J
I .
2:
IS REQUESTED PURSUANT TO ARTICLE I SECTION
SUBSECTION I PARAGRAPH____' OF THE ZONING
ORDINANCE, BECAUSE:.
~~-
S~~E\~OF NEW YORK )
) 55
COUNTY OF DUTCHESS )
DAY OF
19~.)
, =-
Lr
~~~~<::CD~~
~ ~
J. AND B. PARSONS, :INC.
MEYERS CORNERS ROAD
WAPPINGERS FALLS, N.Y.
Phone AX 7-3552
After Hours AX 7-2322
or AX 7-8090
AUTO SALES · USED PARTS. AUTO BODY WORKS. 24 HR. TOWING
June 2$, 1963
Zoning Board of Appeals
Town of Wappinger,
Wappingers Falls,New York
Gentlemen:
We' request a Zoning Variance under Article 4-General
Regulations, Section 416.062 Junkyards, Paragraph A.
Paragraph A reads: The Junkyard shall be entirely
surrounded by a fence at least 7' high but not higher than
10' and evergreen landscaping both of which shall be approved
by the Planning Board as adequate to provide reasonable
grotection to the value of the adjoining residential property.
Ihe fence shall be set up at least 50' from all streets and
property lines.
We would like a variance to allow us to place our fences
10' from the property lines on all sides except on the street
side which would be over 50'. We feel this would be sufficient
room to get on either side of the fence for fires or any other
purposes.
As you can see from the enclosed map of our property, which
is quite narrow land, this would cause a great burden upon us
due to the limited amount of space we have.
We feel that we are justified in applying for this variance
under the ruling in Section 544.1 under Article 5, Administration
and Enforcement which reads: vlliere the strict application of any
of the requirements of this Ordinance in the case of an
exceptionally irregular, narrow, shallow, or steep lot, or other
exceptional physical conditions, as a result of which strict
~ ~. ^.....
Lr
::r:ES.L~ ~ ~ <D> ~ ~
~ ~
J. AND B. PARSONS, INC.
MEYERS CORNERS ROAD
WAPPINGERS FALLS, N.Y.
Phone AX 7-3552
After Hours AX 7-2322
or AX 7-8090
AUTO SALES · USED PARTS · AUTO BODY WORKS. 24 HR. TOWING
Page 2
application would result in practical difficulty or unnecessary
hardship that would deprive the owner of the reasonable use
of the land or building involved, but in no other case, the
Board of Appeals shall have the power, upon appeal, to vary
or adjust the strict application of the regulations or
provisions of this Ordinance.
vIe have tried very hard to keep our undesirable type of
business as neat as humanly possible and actually do more than
necessary to screen it from the public. This in turn has not
made us unpopular with our neighbors and we will always do our
very best to see to it that our place of business will not be
an eyesore in the neighborhood. In example of this, we do not
burn cars anymore which is allowable under the Junkyard Ordinance.
At an expense to us, we have the cars hauled away to a scrapyard.
In closing, we will greatly appreciate your granting us
this Variance.
Thank you for your consideration in this matter.
;Z.t~~y. ~
J. & B. PARSONS ,INC.
W. T. Parsons
WTP : j c
, .
ACTION
TO J v & Bv J?arson.~ Inc. APPELLANT
SUBJECT: ACTION OF T ZONING BOARD OF APPEALS OF Town of Wappinger
NEW YORK
REFERENCE:. APPEAL NO. 8 DATED June 28 , 19---6..3
AT A MEETING OF THE ZONING BOARD OF APPEALS ON July 30, 1l19.QL
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
(( ) REQUEST':'FOR A SPECIAL USE PERMIT TO THE ZONING ORDINANCE
L. INTERPRETATION. THE BOARD ADOPTED THE FOLLOWING RESOLUTION
WHICH STATES ITS INTERPRETATION OF THE ZONING ORDINANCE AS RE_-
QUESTED Im YOUR APPEAL
(USE EXTRA SHEETS WHERE NECESSARY)
THAT
)
BoTHE HARDSHIP CREATED IS (~, IS NOT ( ) UNIQUE AND
WOULD ( ), WOULD NOT <x) BE SHARED BY ALL PROPERTIES ALIKE
IN THE IMMEDIATE VICINITY OF THE PROPERTY AND IN THE SAME
USE DISTRICT, BECAUSE: of the irregular shape of the junk yard
property. .
Co,\ THE YA:RIANCE WOULD ( ) WOULD NOT () CHANGE THE
C~ER~RI.~~",-- ./ __
THEREFORE, IT WAS FURTHE~.P1i1'ERM~ lMT- THE REQm1S};P:o. _T.n mi t
VARIANCE BE GRANTED . <x) B~ rJicNnffi rt1 ~ ~rf~~V:fuus_e f nu es
DECISION OF THE ENFORCEMENT OFFICER M.. CONFIRMED (,) 0 m:;~1ng.
BE REVERSED ( ).
3. SPECIAL USE PERMIT 0 BY RESOLUTION OF THE BOARD IT WAS DETERMINED
THAT S PECIAL ~E PERMIT BE GRANTED () BE DENIED ( ':'. ) ?
4/ PURSUANT TO ARTICLE , SECTION , SUBSECTION
PARAGRAPH of the ZONING ORDINANCE, AND THE DECISION OF
THE ENFORCEMENT OFFICER BE REVERSED (91 BE CONFIRAED {': J ~ ,
BECAUSE:
11
(SIfmED)~).~~ \t~ · ~ ~
AOTING CHAIRMAN, ZONING BOARD APPEALS
TOWN OF
1ii~pp1ngE'r