02-7139
TOWN OF WAPPINGER
ZONING BOARD OF APPEALS
~"---'-
. -iiCl~. o~-~. w. ..A~~~:!t~.,..~
/.r~ , "." ~\
/0 . . ". \)
I..'.... I . i >1
il_~,.
O\~"~~
%.~/~~
," ~~-. '.' ~~..
"~l:ss - c9~",/.
-~:::---::::~~
ZONING BOARD OF APPEALS
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590-0324
(845) 297-1373
September 25, 2002
To: Gloria Morse
Town Clerk
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: John & Mary Nolan
Appeal No. 02-7139
Application No. 2002-20543
Attached you will find the original ApplicationlDecision & Order
for John & Mary Nolan, 18 Relyea Terrace, Wappinger Falls, NY.
I would appreciate it if you would file these documents.
Attachments
cc: Mr. & Mrs. Nolan
Zoning Board
Town File
Town Attorney
Building Inspector
Zoning Administrator
RECEIVED
$EP 2 5 2002
TOWN CLERK
SUPERVISOR
JOSEPH RUGGIERO
TOWN COUNCIL
VINCENT BETTINA
CHRISTOPHER J. COLSEY
JOSEPH P. PAOLONI
ROBERT L. VALDATI
AREA V ARIANCE(S) APPLICATION
APPLICATION TO ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK
Appeal #
Date:
Fee:
@~~1~d-
<3~ 'dO
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I (We) To~"" -r: ND/.", 'Y Mevuf Jf) IaN ,of
(Name of Appellant(~)
Iv I?llly-f~ f;..,.v-:, w~l'r;1'I~.p",,<; ~115.1I\JY , ~LIC;-'ii1t -c'(;'3f
{ (Mailing Address)' (Tel. Nos. Home/Work)
HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE
DECISION/ACTION OF THE ZONING ADMINISTRATOR, DATED ~ 17
AND DO HEREBY APPLY FOR AN AREA V ARIANCE(S).
)....00).
,~-
r;/~ tV Y
f?-lfo
(Zoning District)
1. RECORD OWNER OF PROPERTY M~~f
L~ f1e~T'~ f;.'Vv. / vlJpp"'~~,-ys hIt" IVy
rAddress)
OWNER CONSENT: Dated: ~j~~2-- Signature:
, /
/lIa l~
(Name)
'K'i';- - b'1" -G,c:. 59
(Phone Number)
~~
Printed: M/fRY (1& ,41/
I
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 ZONING
ORDINANCE.
.5t: c+' '0,. J...'( 0 - 3 7
(Indicate Article, Section, Subsection and Paragraph)
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 2
REQUIRED: ~c> ~f. '"Y-f>~-v- t~yj <;.#I-b~ck
APPLICANT(S) CAN PROVIDE: It, f-f.
THUS REQUESTING: 3i ~t-
TO ALLOW: CO"l1 sly.., ~),'o....
WbO!
,
Wj,'/i
"f .Jov< j-roV"kJ d.-'7 W.
iu.Jr.
.,..-0 v1o.1
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.
(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 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.
,
,"" ...".(!~
c:.t.
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.
L~C>~d ~ ""1 :, ~r 10-1:01 ':!-.~'~ 0- ~.tfI~
Tf-.,' . ( .....,~" ~"'O"lo.. o~j~ (W~ /,) ~ ca".,,~
~""'.j ;-s ~f "-t2X';....c...-...... J,'<'j"'~ ;:"'o\- L,,/L 'Yu~. M,'.",,'.,,.,.,,,,.........
v.sv~1 ;__ M~cf f...,~.......... 'YO 1>.
v
C. HOW BIG IS THE CHANGE FROM THE STANDARDS SET OUT IN THE ZONING
LA W? IS THE REQUESTED AREA V ARIANCE(S) SUBSTANTIAL? IF NOT, PLEASE
EXPLAIN, IN DETAIL, WHY IT IS NOT SUBSTANTIAL.
,s
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.
;5
ti.
E. HOW DID YOUR NEED FOR AN AREA V ARIANCE(S) COME ABOUT? IS YOUR
DIFFICULTY SELF-CREATED? PLEASE EXPLAIN YOUR ANSWER IN DETAIL.
f ~ ~..,., 0>- H.e. q $~f/'~1r -/L ''''.y'(.......~'11..1
i f~ ~ Ius i> }:-
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 4
4. LIST OF ATTACHMENTS (Check applicable information)
( ) SURVEY DATED
PREP ARED BY
, LAST REVISED
AND
( ) PLOT PLAN DATED
( ) PHOTOS
) DRAWINGS DATED
( ) 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):
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
ACCURA TE AS OF THE DATE OF APPLICATION
SIGNATURE ~ ~/
. (Appellant)
DATED: p, /:2. - t> ~
SIGNATURE
DATED:
yj~~~
Town of Wappinger Zoning Board of Appeals
Area Variance Application Q
Appeal No. () ~ -1/3 ,
Page 5
........... ....... ........ . ... ...... .................... .............................. . .. .......... .. .... ......... .. .
.....................................................................................................................
FOR OFFICE USE ONLY
1. THE REQUESTED V ARIANCE(S) ( ) WILL I (~LL NOT PRODUCE AN
UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD.
( ) YES / (~SUBSTANTIALDETRIMENTWILLBECREATEDTONEARBY
PROPERTIES.
,//
2. THERE ( ) IS (ARE) / (~(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) (~(ARE) / ( ) IS (ARE) NOT
SUBST ANTIAL.
4. THE PROPOSED V ARIANCE(S) ( ) WILL / (~L NOT HAVE AN ADVERSE
EFFECT OR IMP ACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN
THE NEIGHBORHOOD OR DISTRICT.
5. THE ALLEGED DIFFICULTY (~/ ( ) IS NOT SELF-CREATED.
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. 02-7139
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:
The Zonin2 Board of Appeals has voted to grant a rear yard variance to John
& Mary Nolan for a above ground pool and deck. The variance is for a 34 feet
rear yard setback.
(X) FINDINGS & FACTS ATTACHED.
DATED: September 24, 2002
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY:
PRINT:
,'" .
TOWN OF WAPPINGER
ZONING ADMINISTRATOR
TATIANA LUKIANOFF
~ WAPp"
.~ O./C/-,1~;
1,..'.il!i...!.V....O. .'~'.. .(..~.."'.'.': .'~ .-.~ .,p..,~.~~'~
",0 ---2~
,Ic:::. ,~
" ;. c;.
'\(\~~A...~i
'fss cO~~')
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: August 7, 2002
TO: Mr. John Nolan
18 Relyea Terrace
Wappingers Falls, NY 12590
Grid# 6256-02-625968
Dear Mr. Nolan:
Your application # 20543 for a permit to construct an above ground 24'
round pool with deck is hereby DENIED on the basis of Section: 240-37 of
the Town of Wappinger Zoning Law, which stipulates:
..
R-40 ZONNING DISTRICT has a rear yard setback requirement of 50
feet and you provide a rear yard setback of seventeen feet (17').
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
r~o L 1~.s ',J.. APPLICATION FOR BUILDING 'PERMIT
1I1~ r'~
~ /' ~<fo 'l~) ,It
APPLICATION TYPE: l...!'Iiesidential ZONE: I I I 6
o Commercial Application # dOS, :2
o MultipJe dwelli~ Permit # ~~1()/
C!:-'XLJ~' ntJ L ,fl.'!:,fo I )/)).' ~ M' ~?
~1 -~/()
I-- eC ~
CC-
No. 20543
OWNER OF BUILDING/LAND:
NAME:
ADDRESS:
TELEPHONE NUMBER:
BUILDER/CONTRACTOR DOlt)lG
COMPANY NAME:
ADDRESS:
CONTACT PERSON: NAME:
"-
FRONT YARD SETBACKS ~J If RE~ ~IDE: lARD
SIZE OF STRUCTURE: .-, TYPE OF USE:
ESTIMATEDCOST ~ f& ,aD. 9 . f)
GRID # _tJ5_ -CJ~ ~ 6~6- h d"
DATE RECEIVED:. $- ~ -tJ ~
-
ESTIMATED VALUE:
PERMIT FEE:
PAID FEE ON
-
SIDEYARD
APPROVALS:
'().
~ - ~--O;1..
~-o~(J 2
~_'UT
ZONING ADMINISTR
o Approved
DATE:~2--
~R'~C~PT# /~ /0 b'
L3j-~,--!;;: ov_.___-1 ~ /h1.< -
? ~S'.oO
FIRE INSPECTOR
o Approved 0 Denied DATE:
White - Office Copy / Yellow - Assessor's Office Copy / Pink - Applicants Copy
,~
BUILDING PERMIT #
LOCA nON N S
E W
HOUSE NUMBER It
TOWN OF WAPPINGER
PLOT PLAN
~/D!o cL
I I
DATE
SIDE
STREEVA VENUE
LOT NUMBER
REC. VOL.
PAGE
OWNER OF LAND
INTERIOR OR CORNER LOT
(l~
ZONE
~([J
,
I
/00
Rear Yard
ft.
1
Sideyard
HOUSE
Sideyard
~"fL
. .
ft.
. -t
;-
Do
t
"'tl
.:t!
T
tf.A.-/
DENiED
Z NiNG !',[j:'vlli'IISTRATOR
ft.
Set Back
Nearest Street
ft.
ft. frontage
1
ft.
"
"
/
/
"
"
,
"
"
"
,
INDICATE LOCATION of WELL and SEWAGE SYSTEM
and THE DISTANCE of EACH FROM HOUSE
c1( e I-- yell k('r~ STREET
/
"
"
"
,
;
/
"
"
, "
/
Marie North Point
InlonnaHan @l u ~ 2L ~
Supplied by' "---- ( . .r{~,---
(J