02-7140
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
September 11, 2002
To: Gloria Morse
Town Clerk
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Zimmerman, John & KunHa
Appeal No. 02-7140
Application No. 20559
Attached you will find the original Application/Decision & Order
for John & KunHa Zimmerman, 26 Lakeside Road, Wappinger Falls, NY.
I would appreciate it if you would file these documents.
Attachments
cc: Mr. & Mrs. Zimmerman
Zoning Board
Town File
Town Attorney
Building Inspector
Zoning Administrator
RI:CI:/VI:D
SEp 1
8 2002
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AREA VARIANCE(S) APPLICATION
APPLICATION TO ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK
Appeal # o~... 7/40
Date: a 12 -62-
Fee: 60.00
I (We)
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
--:;;'17,11' -t- /~ ~ t //l-zV i j( UtJ!il ~ph WCt
(Name of Appellant(s)
Q6 L ~k~r/r,;'(" I( ~e.c;; Iv'fj/pyvrhr/d-, 211 ~ Sf 26, r/tf- JJj'-t:JoCjc;
(Mailing Address). (Tel. Nos. HOrhelWork)
HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE
DECISION/ACTION OF THE ZONING ADMINISTRATOR, DATED ~ I L 3 ,~ 2-
AND DO HEREBY APPLY FOR AN AREA V ARIANCE(S). I
Premises located at 2... 6 t. C( /(e 51 J~ ~'t /
.. (Address of Property) ()
6; J S ~ " 02 - 5 <6 7 C, 11 1'<.. - aO
(Grid Nos.) (Zoning District)
1. RECORD OWNER OF PROPERTY
(Name)
(Address) (Phone Number)
OWNER CONSENT: Dated: ~(ll.{O.2.. Signature:~. 4:' -.... ./
Printed: --f<:i.l I1Jko.. Z \M tvteV1ftt.-~'V)
2. V ARIANCE(S) REQUEST:
VARIANCE NO.1
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A
V~ANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONING
ORDINANCE.
;)'/-{), 3 rr
(Indicate Article, Section, Subsection and Paragraph)
.
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 2
REQUIRED: c l 0 \ ~fL~
APPLICANT(S) CAN PROVIDE:, .3' ,
THUS REQUESTING: "J \ \J ~a./Y\CJL..,-
TO ALLOW: 8- yJ 8 X {;2. ~
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. ;-L / )..
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,
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. . '
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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.
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D. IF YOUR V ARIANCE(S) IS (ARE) GRANTED, WILL THE PHYSICAL
ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT BE
IMP ACTED? PLEASE EXPLAIN, IN DETAIL, WHY OR WHY NOT.
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E. HOW DID YOUR NEED FOR AN AREA V ARI~CE(S) COME ABOUT? IS YOUR
DIFFICULTY SELF-CREATED? PLEASE EXPLAIN YOUR ANSWER IN DETAIL.
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Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 4
4. LIST OF ATTACHMENTS (Check applicable information)
( ) SURVEY DATED
PREPARED BY
, LAST REVISED
AND
( ) PLOT PLAN DATED
( ) PHOTOS
( ) DRAWINGS DATED
( ) LETTER OF COMMUNICATION WHICH RESULTED IN APPLICATION TO
THE ZBA.
(e.g., recommendationfrom the Planning Board / Zoning Denial)
LETTER FROM DATED:
LETTER FROM DATED:
( ) OTHER (please list):
5. SIGNATURE AND VERIFICATION
PLEASE BE ADVISED THAT NO APPLICA nON CAN BE DEEMED COMPLETE
UNLESS SIGNED BELOW.
THE APPLICANT HEREBY STATES THAT ALL INFORMATION GIVEN IS
ACCURATE AS OF THE DATE OF APPLICATION
SIGNATURE
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/ (Appellttfii5
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DATED:
~/2".J~
SIGNATURE
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(f'f:;zore than ppellant)
DATED:
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Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. 02 .7 I LJ,,()
Page 5
.....................................................................................................................
.....................................................................................................................
FOR OFFICE USE ONLY
1. THE REQUEST~D V ARIANCE(S) ( ) WILL / (4LL NOT PRODUCE AN
UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD.
( ) YES / C~, SUBSTANTIAL DETRIMENT WILL BE CREATED TO NEARBY
PROPERTIES.
2. THERE ( ) IS (ARE) / (~RE) NO OTHER FEASIBLE METHODS
AVAILABLE FOR YOU TO PURSUE TO ACHIEVE THE BENEFIT YOU SEEK OTHER
THAN THE REQUESTED V ARIANCE(S).
3. THE REQUESTED AREA VARIANCE(S) ( ) IS (ARE) / (~(ARE) NOT
SUBST ANTIAL.
4. THE PROPOSED V ARIANCE(S) ( ) 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 NOT SELF-CREATED.
..
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. O?-71 L.O
Page 6
CONCLUSION: THEREFORE, IT WAS DETERMINED THE REQUESTED VARIANCE
BE (X) 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 Zoning Board of Appeals has voted to grant a variance of 2 feet for the
placement of an 8 X 12 shed. They have placed a condition that the shed
be moved to the rear of the driveway.
(XX) FINDINGS & FACTS ATTACHED.
DATED: September 11.2002
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
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TOWN OF WAPPINGER
ZONING ADMINISTRATOR
TAT/ANA 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: August 13, 2002
TO: Mr. and Mrs. John Zimmerman
26 lakeside Road
Wappingers Falls, NY 12590
Grid# 6158-02-587617
Dear Mr. and Mrs. Zimmerman:
Your application # 20559 for a permit to construct a 8' x 12' shed is
hereby DENIED on the basis of Section: 240-37 of the Town of Wappinger
Zoning Law, which stipulates:
1) R-20 ZONNING DISTRICT has a side yard setback requirement of 10
feet for an accessory structure under 200 square feet and you provide a
side yard setback of three feet (3').
2) No accessory structures are to be located in the front yard.
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
No. 20559
APPLICATION TYPE: ~eSidential
o Commercial
o Multiple dwelling
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ZONE:
Application #
Permit #
_".:J:.:_
APPLICATION FOR:
APPLICANT NAME:
ADDRESS:
TELEPHONE NUMBER:
~
OWNER OF BUILDING/LAND:
NAME:
ADDRESS:
TELEPHONE NUMBER:
p~-
BUILDER/CONTRACTOR DOING WORK:
COMPANY NAME:
ADDRESS:
CONTACT PERSON: NAME:
N I/J-
TELEPHONE #
TITLE:
FRONT YARD SETBACKS
SIZE OF STRUCTURE:
ESTIMATED COST:
GRID#
DATE RECEIVED:
ESTIMATED VALUE:
PERMIT FEE:
PAID FEE ON
~ 6' REAR
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~ - ~ -0 ().. CHECK # 7 c.Jf . RECEIPT #
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I () 0 -+ SIDEYARD
75' f
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SIDEYARD S
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TYPE OF USE:
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APPROVALS:
ZONING ADMINISTR 'fOR:
o Approved DATE:~tJZ-
FIRE INSPECTOR
o Approved 0 Denied DATE:
, ".''''.l''
Signature of Building Inspector
White - Office Copy / Yellow - Assessor's Office Copy / Pink - Applicants Copy
BUILDING PERMIT #
LOCA nON N S
E W
HOUSE NUMBER ~0
TOWN. OF WAPPINGER /J.jL# o?cJ,~/Jc;
PLOT PLAN
9ft 10 ~
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. DATE
SIDE
STREEYA VENUE
LOT NUMBER
OWNER OF LAND
@TERI~OR CORNER LOT ~~
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REC. VOL.
PAGE
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STREET
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INDICATE LOCATION of WELL and SEWAGE SYSTEM
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Supplied by
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C: ) TOPOGRAPHY OF SUBJECT PROPERTY: PRECLUDES BACK- YARD
PLACEJ\.1ENT
SUBJECT PROPERTY
26 lakeside : A hillside property, the front 1/8 acre is level, 2 structures comprise the
"dwellin ". Behind the dwellin s the
s
26 Lakeside Road - hills
.it:
1
back drops off at 60 degree incline to lake. . .
REQUESTED VARIANCE: Front yard shed set back from 3 to 4 feet (26 Lakeside)
10
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Cedar Knolls "Character of Neighborhood"
22 B Lakeside ( uninhabitable)
I
next to 22 B a car "pit" - behind fence - rubble filled.
next to car "pit", 24 Lakeside house with 2 units, and Shed in front of house
2
24 Lakeside's unused "garage" crosses 9 inches onto 26 Lakeside's lot
View of22 & 24 lakeside from 26 Lakeside (Subject property).
3
Other property's are well maintained, but do not conform to zoning setbacks from street.
18 Lakeside: (General Nelson's House)
'I
VARIANCE REQUESTED: FRONT YARD SHED, SETBACK OF 3 FEET
JUSTIFICATION FOR VARIANCE:
Does not negatively impact character of neighborhood, especially in light of ramshackle
structures.
A) other properties have sheds placed in front.
B) both neighboring lots do not conform to setbacks, with 1 neighbor's structure
actually transgressing lot line.
C) Topography of subject property precludes back yard placement of shed.
A) SHEDS IN FRONT OF HOUSES
Cedar Knolls "pump house" (previously supplied water to development)
Less than 10 feet from road.
,
25 lakeside: front shed
B) SET-BACKS NON CONFORMING ON ALL SIDES:
Encroached from both sides:
24 Lakeside structure - 9 inches on 26 Lakeside's lot. With "Used Car lot" 2 cars "fer
sale" - ear round....
(;
28 Lakeside - 2 story "garage office" 2 feet from lot line - overwhelming structures on
26 lakeside property.
+