02-7134
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TOWN OF WAPPINGER
ZONING BOARD OF APPEALS
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ZONING BOARD OF APPEALS
20 MIDDlEBUSH ROAD
WAPPINGERS FAllS, NY 12590-0324
(845) 297-1373
August 28, 2002
To: Gloria Morse
Town Clerk
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Carey, William & Michelle
Appeal No. 02-7134
Application No. 20381
Attached you will find the original ApplicationlDecision & Order
for William & Michelle Carey, 17 Park Hill Avenue, WlwflingerFalls;.NY;
I would appreciate it if you would file these documents.
Attachments
cc: Mr. & Mrs. Carey
Zoning Board
Town File
Town Attorney
Building Inspector
Zoning Administrator
RECE\VED
AUG 2 9 2002
TOWN CLERK
SUPERVISOR
JOSEPH RUGGIERO
TOWN COUNCIL
VINCENT BETTINA
CHRISTOPHER J. COlSEY
JOSEPH P. PAOlONI
ROBERT L. VAlDATI
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AREA V ARIANCE(S) APPLICATION
APPLICATION TO ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK
Appeal # 02 - 7/34-
Date: ...~ d. ) do" a..
Fee: .00
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I (We) tJi J/,Q/N1 "!1,ckJe- Lh':it. ,of
() (Name of Appell t(s)
/1 rart.. 11/1/ 15 , flfS ~'877 -YD3'f~ /3S-b!Jf'l
(Mailing Address) (Tel. Nos. Home ork)
HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE
DECISION/ACTION OF THE ZONING ADMINISTRATOR, DATED -:rv.-~ 3 ,:WOO-
AND DO HEREBY APPLY FOR AN AREA V ARIANCE(S).
Premises located at /1 furt H,'tt Dr
(Address of Property)
(Address)
IC ~ I t.Jo
(Z6ning District)
A(~a~~'
f<17 -103 </
(Phone Number)
t:,3Sb -01 -1/9f3()
(Grid Nos.)
1. RECORD OWNER OF PROPERTY 1M) J,Or>"\ ~
/1 firK... )1,'/( lJ r
OWNER CONSENT: Dated: ~ignature: f!.lu.Li.,.I ~
Printed: /lhcl.c.k s: ibr,
2. V ARIANCE(S) REQUEST:
VARIANCE NO.1
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A
VAAIANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONING
ORDINANCE.
SeoHOt1 .)</0 ~3 7
(Indicate Article, Section, Subsection and Paragraph)
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 2
REQUIRED: ~ ~rcI. ~ b~ ( dO ~.
APPLICANT(S) CAN PROVIDE:. s,J; ~rJ s:.J. boJe. vt If.{ hd
THUS REQUESTING: {,I
TO ALLOW: t1 ~(1(Le,re.f\e.....h WOY>'\ a.cDcC\{,"O~'
VARIANCE NO.2
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A
V ARIANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONING
ORDINANCE.
semo", :J~O --17
(Indicate Article, Section, Subsection and Paragraph)
REQUIRED: <;4.'J..t ~(vwl ~ \:v..l.. 1; i 6 M.
APPLICANT(S) CAN PROVIDE: ~ (f".J ~ 'q,-4 't \ ~
.
THUS REQUESTING: ~'
TO ALLOW: 0; ~ '" "t.tW- 4\J-.a..t. ,I f~ s{ru..<Jure..
3. REASON FOR APPEAL (Please substantiate the request by answering the following
questions in detail. Use extra sheet, ifnecessary):
A. IF YOUR V ARIANCE(S) IS (ARE) GRANTED, HOW WILL THE CHARACTER OF
THE NEIGHBORHOOD OR NEARBY PROPERTIES CHANGE? WILL ANY OF
THOSE CHANGES BE NEGATIVE? PLEASE EXPLAIN YOUR ANSWER IN
DETAIL.
see.
~J-. ~
,
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 3
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.
C. HOW BIG IS THE CHANGE FROM THE STANDARDS SET OUT IN THE ZONING
LAW? IS THE REQUESTED AREA V ARIANCE(S) SUBSTANTIAL? IF NOT, PLEASE
EXPLAIN, IN DETAIL, WHY IT IS NOT SUBSTANTIAL.
D. IF YOUR V ARIANCE(S) IS (ARE) GRANTED, WILL THE PHYSICAL
ENVIRONMENT AL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT BE
IMPACTED? PLEASE EXPLAIN, IN DETAIL, WHY OR WHY NOT.
E. HOW DID YOUR NEED FOR AN AREA V ARIANCE(S) COME ABOUT? IS YOUR
DIFFICUL TY SELF -CREATED? PLEASE EXPLAIN YOUR ANSWER IN DETAIL.
Reason for Appeal
A. If your variance is granted, how will the character of the
neighborhood or nearby properties change? Will any of those changes be
negative? Please explain your answer in detail.
The character of the neighborhood and nearby properties will not
change since the variance requested is for a screened room that will be
built in the back of the house. The deck and screened room will only be
seen from the backyards of the adjacent properties. The property line,
which the screened room will be 14 feet from, is the rear property line of
the backyard of the neighbors to the side of our backyard. Currently, this
neighbor has a natural treed area between several open feet of property,
not used by them, and the majority of their backyard. (That is, their
backyard consists of lawn near their house followed by a natural treed
area followed by a few feet of lawn abutting our property.) Hence, they
will not be able to see the screened room during the summer when it gets
its most use.
B. Please explain why you need the variance. Is there any way to reach
the same result without a variance? Please be specific in your answer.
The screened room is to be built with access from the dining room.
Since this placement will provide for optimal usage of the screened room.
Since the dining room is on the rear corner of the house, the screened
room needs to be placed there. Decreasing the size of the screened room
would make it useless and due to the arrangement of windows on the
back of the house, the screened porch can not be moved away from the
corner of the house.
C. How big is the change from the standards set out in the zoning law? Is
the requested area variance substantial? If not, please explain, in detail,
why it is not substantial.
We are requesting a 6-foot variance, which is a 30% reduction on the
current offset. We do not believe this is a substantial impact due to the
layout of the current backyards.
D. If your variance is granted, will the physical environmental conditions
in the neighborhood or district be impacted? Please explain, in detail,
why or why not.
The physical environmental conditions in the neighborhood will not
be impacted. Currently, the area to be decked is grassed. No vegetation
will be removed.
E. How did your need for an area variance come about? Is your difficulty
self-created? Please explain your answer in detail.
The need for an area variance came about because we would like to
add a deck and screened room, which would extend the length of the
house. In order for it to fit with the current placement of windows and
rooms in the house, it needs to come to the comer of the house.
However, due to the fact that the house was placed only 20 feet from the
property line and since the property line angles back, we have no choice
but to request a variance.
,\
Reason for Appeal - -rret t tlOU.SC '/
A. If your variance is granted, how will the character of the
neighborhood or nearby properties change? Will any of those changes be
negative? Please explain your answer in detail.
The character of the neighborhood and nearby properties will not
change since the variance requested is for a children's "tree house" that is
built in the back of the house. The children's ''tree house" is only
partially seen from the backyards of the adjacent properties. The
property line, which the children's "tree house" is near, is the rear
property line of the backyard of the neighbors to the side of our backyard.
This neighbor has a natural treed area between several open feet of
property, not used by them, and the majority of their backyard. (That is,
their backyard consists of lawn near their house followed by a natural
treed area followed by a few feet of lawn abutting our property
B. Please explain why you need the variance. Is there any way to reach
the same result without a variance? Please be specific in your answer.
The children's ''tree house" is an existing structure built for our
children to play in. It is not a structure that would ever be replaced.
C. How big is the change from the standards set out in the zoning law? Is
the requested area variance substantial? If not, please explain, in detail,
why it is not substantial.
This structure exists and is currently about a foot off the property line.
It would need an additional rl feet, however we do not believe this is a
substantial impact due to the layout of the current backyards.
D. If your variance is granted, will the physical environmental conditions
in the neighborhood or district be impacted? Please explain, in detail,
why or why not.
The physical environmental conditions in the neighborhood will not
be impacted. The structure has existed for 9 years without any known
impact. Prior to the building of the structure, it was a grassed area and no
trees were removed to build it.
l4{ltf _ t/OU5 CC ;.
E. How did your need for an area variance come about? Is your difficulty
self-created? Please explain your answer in detail.
The need for an area variance came about because the structure
already exists and the need for a variance for this structure was pointed
out to us during an inspection for a variance for a screened room. The
"tree house" was built for our children and will not be replaced. It is not
meant to be a permanent structure.
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 4
4. LIST OF ATTACHMENTS (Check applicable information)
( ..-i SURVEY DATED
PREP ARED BY
, LAST REVISED
AND
( ) PLOT PLAN DATED
( ) PHOTOS
( ) DRAWINGS DATED .
( ~ETTER OF COMMUNICATION WHICH RESULTED IN APPLICATION TO
THE ZBA.
(e.g., recommendation from t~e P!J:1z~~,ng Bo.ar~ / Zoning Denial)
LETTERFROM ~UL-~ DATED: '7-3-lJ"L.
LETTER FROM DATED:
( ) OTHER (please list):
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
SIGNATURE /J!<-<L{/ J~ I~~
(Appellant)
DATED: 7/;1/0.;2
I I
SIGNATURE
DATED: 7/'l/o?--.
/ I
. .
Town of Wappinger Zoning Board of Appeals
Area Variance Application. . I
Appeal No. 02.. - ., /3 <-t
Page 5
...... ...... ... ............ ............... ............... ............... ............... ............... ...... ... ..... .
............ ... ...... ... ... ... ... ......... ............... ...... ......... ......... ...... ... ............ ... . ..... ... ...
FOR OFFICE USE ONLY
1. THE REQUESTED V ARIANCE(S) ( ) WILL I (0WILL NOT PRODUCE AN
UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD.
( ) YES I (qNO, SUBSTANTIAL DETRIMENT WILL BE CREATED TO NEARBY
PROPERTIES.
2. THERE ( ) IS (ARE) I (0' 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) I (~(ARE) NOT
SUBST ANTIAL.
4. THE PROPOSED V ARIANCE(S) ( ) WILL I (~ILL NOT HAVE AN ADVERSE
EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN
THE NEIGHBORHOOD OR DISTRICT.
5. THE ALLEGED DIFFICULTY (~ I ( ) IS NOT SELF-CREATED.
, .
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. 02-7134
Page 6
CONCLUSION: THEREFORE, IT WAS DETERMINED THE REQUESTED VARIANCE
BE (~GRANTED ( ) DENIED.
CONDITIONS/STIPULATIONS: The following conditions and/or stipulations were adopted
by resolution of the Board as part of the action stated above:
Variance fI1
The Zoning Board of Appeals voted to grant a variance of 6 feet
for a three season room.
Variance 112
The Zoning Board of Appeals voted to grant a variance of 9 feet
for a C"hilrlren'l'l pl.qyhol1l'le with t:he l'lt:ip111at:ion t:hat: it: not: be replaced at: any time
in the future.
(XX) FINDINGS & FACTS ATTACHED.
DATED: August 28, 2002
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY:
___{Chairman)
PRINT: J I tft>w~J>
TOWN OF WAPPINGER
ZONING ADMINISTRATOR
TATIANA LUKIANOFF
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SUPERVISOR
JOSEPH RUGGIERO
ZONING DEPARTMENT
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590-0324
(845) 297-6257
FAX: (845) 297-4558
TOWN COUNCIL
VINCENT BETTINA
CHRISTOPHER J. COLSEY
JOSEPH P. PAOLONI
ROBERT L. VALDATI
Date: July 3, 2002
TO: Mr. and Mrs. William Carey
17 Park Hill Drive
Hopewell Jet., New York 12533
Grid# 6356-01-119930
Dear Mr. and Mrs. Carey:
Your application # 20381 for a permit to construct a 14' x 12' screened
deck is hereby DENIED on the basis of Section: 240-37 of the Town of
Wappinger Zoning Law, which stipulates:
R-20/40 ZONNING DISTRICT has a side yard setback requirement of
20 feet and you provide a side yard setback of fourteen feet (14').
However, the part of your Building Permit application concerning the
14' x 25'4" open deck can be approved for setbacks.
You have the right to appeal this decision to the Zoning Board of Appeals.
The required forms can be obtained at this office.
Yours truly,
. .
TOWN OF WAPPINGER BUILDING DEPARTMENT'
APPLICATION FOR BUILDING 'PERMIT . .
APPLICATION TYPE: c:( Residential ZONE: If eX 0 / t/ 0
o Commercial Application #
o Multiple dwelling Permit #~~
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APPLICATION FOR: /7 A . 1 t. M)o~ (U.;CA\ -/
APPLICANT NAME: ttJd/ICl/r'i J fr1,delc (brelL
ADDRESS /1 fbrf: Mil k- -H6'f"-wJP:LI- ~ 130:33
TELEPHONE NUMBER: ~ 7 - '-/034 TyPE OF STRUCTUR . 'DRvK. (- Screult'oI. Oller
OWNER OF BUILDING/LAND:
NAME:
ADDRESS:
TELEPHONE NUMBER:
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BUILDER/CONTRACTOR DOING WORK:
COMPANY NAME: A-d ff- ~
ADDRESS fJ 0, f3ri 167'7 I 1I'f"//d J'J- NJ
CONTACT PERSON, NAME, '/6() qj"ON
FRONT YARD SETBACKS ,.;/ A- REAR I 37' SIDEYARD
SIZE OF STRUCTURE: IV' X 17~ V II TYPE OF USE:
ESTIMATED C'OST: 1/.) fo ,5~O
GRID# tf:;Sa-(/- /19 c;c30
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TELEPHONE # ~I - YJ."isy
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