02-7121
.
TOWN OF WAPPINGER
ZONING BOARD OF APPEALS
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SUPERVISOR
JOSEPH RUGGIERO
ZONING BOARD OF APPEALS
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590-0324
(845) 297-1373
TOWN COUNCIL
VINCENT BETTINA
CHRISTOPHER J. COLSEY
JOSEPH P. PAOLONI
ROBERT L. VALDATI
May 15, 2002
To: Gloria Morse
Town Clerk
From: Michelle Gale, Secretary
T own of Wappinger Zoning Board of Appeals
Re: Kevin & Claire Gibson
Appeal No. 02-7121
Attached you will find the original Application/Decision & Order
for Mr. & Mrs. Kevin Gibson, Spring Street, Chelsea, NY. 12512
I would appreciate it if you would file these documents.
RECEIVED
MAY 1 6 2002
Attachments
cc: Mr. & Mrs. Kevin Gibson
L. Paggi
Zoning Board
Town File
T own Attorney
Building Inspector
Assessor
Zoning Administrator
TOWN CLERK
AREA V ARIANCE(S) APPLICATION
APPLICATION TO ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK
Appea; #
Date:
Fee:
Recei pt
0:2-7/02/
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TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEV' YORK:
I (We) KEVIN AND CLAIRE GIBSON
(Name of Appellant(s)
SPRING STREET, CHELSEA, NY 1 251 2
(Mailing Address)
, of
831-0286
(Tel. Nos. HOI e/Work)
HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE
DECISION/ACTION OF THE ZONING ADMINISTRATOR, DATED~i11 , ,2002
AND DO HEREBY APPLY FOR AN AREA V ARIANCE(S).
Premises located at
Spring Street, Chelsea, NY 12512
(Address of Property)
19-5956-04-970470
(Grid Nos.)
R 10 & R 40
(Zoning Distrit)
1. RECORD OWNER OF PROPERTY
Kevin & Claire Gibson
(Name)
Spring Street, Chelsea, NY 12512
(Address)
831-0286
(Phone Numb()
OI~~
Claire Gibson
OWNER CONSENT: Dated: Ap,ril 2, 200~ignature:
Printed:
2. V ARIANCE(S) REQUEST:
VARIANCE NO.1
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A
V ARIANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONIN':r
ORDINANCE.
Zoning Oode, Chapter 240, Section 20
(Indicate Article, Section, Subsection and Paragraph)
REQUIRED: 50 Feet
APPLICANT(S) CAN PROVIDE: 25 Feet
THUS REQUESTING: 25 Feet Variance
Town of Wappinger Zoning B :ard of Appeals
. Area Vari2 ,ce Application
Appe. No.
Page 2
TO ALLOW:
A lot Line Realignment which will create fronta.ge
for the subject property.
VARIANCE NO.2
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR P.
V ARIANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONil' ']
ORDINANCE.
(Indicate Article, Section, Subsection and Paragraph)
REQUIRED:
APPLICANT(S) CAN PROVIDE:
THUS REQUESTING:
TO ALLOW:
3. REASON FOR APPEAL (Please substantiate the request by answering the. Jllowing
questions in detail. Use extra sheet, ifnecessary):
A. IF YOUR V ARIANCE(S) IS (ARE) GRANTED, HOW WILL THE CHi RACTER OF
THE NEIGHBORHOOD OR NEARBY PROPERTIES CHANGE? WIL ANY OF
THOSE CHANGES BE NEGATIVE? PLEASE EXPLAIN YOUR ANS' TER IN
D ET AIL.
No Change
B. PLEASE EXPLAIN WHY YOU NEED THE V ARIANCE(S). IS THERE ANY WAY
TO REACH THE SAME RESULT WITHOUT A V ARIANCE(S)? PLEASE BE
SPECIFIC IN YOUR ANSWER.
The variance is sought to improve an existing condition. Currently
the sub' ect ro rt derives its access over a right.. of way. The
variance will attach the right of way to the subject proper y,
thereby creating 25 feet of frontage.
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 3
C. HOW BIG IS THE CHANGE FROM THE STANDARDS SET OUT IN THE ZONING
LAW? IS THE REQUESTED AREA VARIANCE(S) SUBSTANTIAL? IF NOT,
PLEASE EXPLAIN, IN DETAIL, WHY IT IS NOT SUBSTANTIAL.
The variance requested is 50% of the standard. The variance
is not considered to be substantial since it will actually
provide 25 feet of frontage to a lot where none currently exists.
D. IF YOUR V ARIANCE(S) IS (ARE) GRANTED, WILL THE PHYSICAL
ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD ORDISTRICT BE
IMP ACTED? PLEASE EXPLAIN, IN DETAIL, WHY OR WHY NOT.
No physical chanqe will result if the variance is approved
or denied.
E. HOW DID YOUR NEED FOR AN AREA V ARIANCE(S) COME ABOUT? IS YOUR
DIFFICULTY SELF-CREATED? PLEASE EXPLAIN YOUR ANSWER IN DETAIL.
The need for the variance is created as a result of trying to
improve a condition by providing frontage to a land-locked parcel
which was created prior to zoning.
4. LIST OF ATTACHMENTS (Check applicable information)
( ) SURVEY DATED
PREPARED BY
, LAST REVISED
AND
( ) PLOT PLAN DATED
( ) PHOTOS
( x) DRAWINGS DATED June 19. 2001 . (Lot Line Realignment for
the Lands of Coughlin & Gibson)
( ) LETTER OF COMMUNICATION WHICH RESULTED IN APPLICATION TO
THE ZBA.
(e.g., recommendation from the Planning Board / Zoning Denial)
LETTER FROM DATED:
LETTER FROM DATED:
( ) OTHER (please list):
. .
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 4
5. SIGNATURE AND VERIFICATION
PLEASE BE ADVISED THAT NO APPLICATION CAN BE DEEMED COMPLETE
UNLESS SIGNED BELOW.
THE APPLICANT HEREBY STATES THAT ALL INFORMATION GIVEN IS
ACCURATE AS OF THE DATE OF APPLICATION
{]~ g ,
SIGNATURE .Ut/J7Il~
(Appellant)
DATED:
Y/J:/or
SIGNATURE
DATED:
(If more than one Appellant)
.....................................................................................................................
. FOR OFFICE USE ONLY
1. THE REQUESTED V ARIANCE(S) ( ) WILL / (X) WILL NOT PRODUCE AN
UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD.
( ) YES / (X) NO, SUBSTANTIAL DETRIMENT WILL BE CREATED TO NEARBY
PROPERTIES.
2. THERE ( ) IS (ARE) / (X) IS (ARE) NO. OTHER FEASIBLE METHODS
A V AILABLE FOR YOU TO PURSUE TO ACHIEVE THE BENEFIT YOU SEEK OTHER
THAN THE REQUESTED V ARIANCE(S).
3. THE REQUESTED AREA V ARIANCE(S) ( ) IS (ARE) / (X) IS (ARE) NOT
SUBST ANTIAL.
4. THE PROPOSED V ARIANCE(S) ( ) WILL / (X) WILL NOT HAVE AN ADVERSE
EFFECT OR IMP ACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN
THE NEIGHBORHOOD OR DISTRICT.
5. THE ALLEGED DIFFICULTY ( ) IS / ('f...) IS NOT SELF-CREATED.
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. 02-7121
Page 5
CONCLUSION: THEREFORE, IT WAS DETERMINED THE REQUESTED
V ARIANCE BE ( X ) GRANTED () DENIED
CONDITIONS/STIPULATIONS: The following conditions and/or stipulation were
Adopted by resolution of the Board as part ofthe action stated above:
The Zoning Board of Appeals voted to GRANT the variance of 25 feet
for frontage on lot line realignment.
( X ) FINDINGS & FACTS ATTACHED
DATED:
May 15,2002
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY:
~LJ~
( Chairma--,?
PRINT: Alan Lehigh
( Chairman)