03-7157
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TOWN OF WAPPINGER
ZONING BOARD OF APPEALS
February 26,2003
To: Gloria Morse
Town Clerk
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ZONING BOARD OF APPEALS
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590-0324
(845) 297-1373
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Colabelli Decision
Appeal No. 03-7157
Attached you will find the original ApplicationlDecision & Order
for Richard Colabelli, 40 Helen Drive, Wappinger Falls, NY.
I would appreciate it if you would file these documents.
Attachments
cc: Mr. & Mrs. Colabelli
Zoning Board
Town File
Town Attorney
Building Inspector
Zoning Administrator
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 # 03"'1157
Date: iJ. -3 -D 3
Fee: '50.00
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I (We) ~\~as~ ~\ab \\'\
. . ~ (Name of APpellant({~
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(Mailing dre V '
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(Tel. Nos. HomelWork)
HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE
DECISION/ACTION OF THE ZONING ADMINISTRATOR, DATED ~ih 3
AND DO HEREBY APPLY FOR AN AREA V ARIANCE(S).
Premises located at yo ~\~(\ ~. l\ ~ ffi. \=0.. (l-s tJ V. I J.5 qu
(Address ;;jP;b}jerty)
(p 1~3 - 0 d. 75&'?5't+7
(Grid Nos.) (Zoning District)
1. RECORDOWNEROFPROPERTY ~ck~ G(C:~JII;
, \ \ \ (Name)
4() ~ J~f' ~ ~-oO ~c- \ \"5 Af4, Vd. Cj 90 8-l <5 ~l -YLI D~
rAlidress) /rh9ne/iumber)
OWNER CONSENT: Dated: ~Q h ':l, (f>.., Signature: ~ ~
Printed: e( ~~rd &,(~{/;
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2. V ARIANCE(S) REQUEST:
VARIANCE NO.1
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A
VARIANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONING
ORDINANCE.
Jec.b01 ~ yd - 37
(Indicate Article, Section, Subsection and Paragraph)
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 2
REQUIRED: \S I :5 \d PJ UI1/)d
APPLICANT(S) CAN PROVIDE: ~ ,\ 6 \ de, u C;V\ d
']'., . '\ d \
THUS REQUESTING: ~rl)('/"\ ~\CJr, LA CVl' .
\
TO ALLOW: ~cn\ -\-() ~Q\f\
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.
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(Indicate Article, Section, Subsection and Paragraph)
REQUIRED: ?:pI S~ I
\
APPLICANT(S) CAN PROVIDE: ?5 ' ,l\. 0 n ^- l J. a/\ d
THUS REQUESTING: J';).' ~ ~nAei
TO ALLOW: \)C~\ .-\0 ~~ ~ .~ l'\ .
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. cl' _ I
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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~ '.
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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
ENVIRONMENT AL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT BE
IMPACTED? PLEASE EXPLAIN, IN DETAIL, WHY OR WHY NOT.
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E. HOW DID YOUR NEED FOR AN AREA V ARIANCE(S) COME ABOUT? IS YOUR
DIFFICULT SELF~CREAT~D? PLEASE, EXPL~ YOUR ANSWE~ IN DETAI~( ~
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 4
4. LIST OF ATTACHMENTS (Check applicable information)
d ) SURVEY DA T!,D t%> 10. / ~~ . LAST REVISED ---ft5 10 I (,9 ~j AND
PREPAREDBY~l 't~-~ LLJ .
( ) PLOT PLAN DATED
J ) PHOTOS
( ) DRAWINGS DATED
( jy. LETTER OF COMMUNICATION WHICH RESULTED IN APPLICATION TO
THE ZBA.
(e.g., recommenda!!.[:flfrom the Planning Board / Zoning Denial) f
LETTERFROM-.lcJ/(~~ L...U~I'C-~i)-ff DATED: ;;? ~3
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_~1~ ~ C~ (& DATED: "'3/{t3
(Appellant) -tAf
SIGNATURE DATED:
(If more than one Appellant)
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 5
..1. I' ..... ....... ... ... ... ...... ........ II I' ........ ...... ... .... ........... .......... ... ...... ...... ...... .... II' II
. II' ... II' .....1.. ... ... ... ... ..... .....1 II II' ....... I' ........ ... ... ........... II.. ... II.... ... II II 11.1. ... .... II'"
FOR OFFICE USE ONLY
1. THE REQUESTED V ARIANCE(S) ( ) WILL / (~L NOT PRODUCE AN
UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD.
( ) YES / (~SUBSTANTIALDETRIMENTWILLBECREATEDTONEARBY
PROPERTIES.
2. THERE ( ) IS (ARE) I (~ARE) NO OTHER FEASIBLE METHODS
A V AlLABLE 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
SUBSTANTIAL.
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. 03-7157
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 ofthe Board as part ofthe action stated above:
The Town of Wappinger Zoning Board of Appeals has voted to grant two variances
for 40 Helen Drive. The first is a 7foot variance from the side yard for a
18 foot round pool to remain. The second variance is a22 foot rear yard
variance for the same pool to remain.
There was a condition placed that the
applicant provide a few bushes in the rear.
( ~~INGS&FACTSATTACHED.
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DATED:
ZONING BOARD OF APPEALS
T. OWN O.F..WAPPING.ER. NE~t;?) Y .
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BY: ./ NzJ7v'tu,.{/' /t4t.../"
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pRJN't:/ . TtV t:U/h'p rr<ftt;.2' rZ
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: February 3, 2003
TO: Mr. Richard Cola belli
40 Helen Drive
Wappingers Falls, NY 12590
Grid# 6158-02-756847
Dear Mr. Colabelli:
Your application # 20974 for a permit to construct a 18' round Above
Ground Pool is hereby DENIED on the basis of Section: 240-37 of the Town
of Wappinger Zoning Law, which stipulates:
R-15 ZONNING DISTRICT has a side yard setback requirement of 15
feet and you provide a side yard setback of eight feet (8'). Also the
required rear yard setback is 30' and you provide a rear yard setback of
eight feet (8').
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. 20974
APPLICATION TYPE: ~Residential
o Commercial
o Multiple dwelling
ZONE: t- ~j) ~ f( IS' a.L~ ~
Application #
Permit #
APPLlCATIONFOR r:.:t1t1lJ!i/"'.;W{kru/ 9'1'/~ U""utu !f.aAr-f
APPLICANT NAME: tl' ~'a./,c.;//t . . /J?{) d./ L.,e
ADDRESS: O",U t/O 1U1LA~. fl/} .
TELEPHONE NUMBER: ;;? 9 7 -'/VtJ S- TYPE OF STRUCTURE:
OWNER OF BUilDING/LAND:
NAME: 41t l(l~ cl-1&6~d (l~~/./1~'
ADDRESS:
TELEPHONE NUMBER:
BUilDER/CONTRACTOR DOING WORK:
COMPANY NAME:
ADDRESS:
CONTACT PERSON: NAME:
A
TELEPHONE #
TITLE:
FRONT YARD SETBACKS
SIZE OF STRUCTURE:
ESTIMATED COST: goo-
GRID# to/:)! -{)J-75~J''I7
DATE RECEIVED: j- 3.J - IJ .3
ESTIMATED VALUE:
PERMIT FEE: 35, oD
PAID FEE ON /- 3/- 03 CHECK # j tift,
REAR
SIDEYARD
TYPE OF USE:
SIDEYARD
RECEIPT # A ;J09 7 <j
APPROVALS:
ZONING ADMINISTR
o Approved
FIRE INSPECTOR
o Approved 0 Denied DATE:
~ignature of Applicant
Signature of Building Inspector
White - Office Copy / Yellow - Assessor's Office Copy / Pink - Applicants Copy
TOWN OF WAPPINGER
PLOT PLAN
DATE /-3)-03
SIDE
STREEYA VENUE
LOT NUMBER
REC. VOL.
PAGE
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Information
Supplied b
Marie North Point