03-7178
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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
July 9, 2003
To: Gloria Morse
Town Clerk
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Patrick & Victoria Carroll
Appeal No. 03-7178
Attached you will find the original Application/Decision & Order
for the Mr. & Mrs. Carroll, 223 Myers Comers Road, Wappinger Falls, NY.
I would appreciate it if you would file these documents.
Attachments
cc: Mr. & Mrs. Carroll
Zoning Board
Town File
Town Attorney
Building Inspector
Zoning Administrator
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10'J'JN CLE.RK
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 ... rr /7t
Date: ~ ~ q -n3
Fee: ~D .00
, of
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ome/Work)
HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE
DECISION/ACTION OF THE ZONING ADMINISTRATOR, DATED ,19_
AND DO HEREBY APPLY FOR AN AREA V ARIANCE(S).
Fr~mises located at 223 M:j er'5 012 (M(5 t<d,) l~((W j(qerS fQ I Is N,/\/
"g~-' {16215 64 (Address of Property) I<l\-O I
(Grid Nos.) (Zoning District)
1. RECORD OWNER OF PROPERTY ~~f . ~ ~\fS. QC\.\r~ eX ( .' ~ClrrO \ \
lr~ ~~\lefS COrners ~ . 2C\~-I'+Ol
(Address) (Phone Number)
OWNER CONSENT: Dated: 1c/c} / Q3 Signature: fWt:kfirAHh ,Co/'rwJJ .
Printed: V tmn'{t ,~;). G(Xr('O II
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.
c9Ji-o . ~ 7
(Indicate Article, Section, Subsection and Paragraph)
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Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 2
REQUIRED: '15 ~\="~r:1t ~Cl~J SOlJoacAL
APPLICANT(S) CAN PROVIDE: 4- ~I., ~r-cm;t, ~ClAd ~hcucJL
THUSREQUESTlNG: 31 ~ 1-=;-1~~~(7..L
TO ALLOW: laro () 5P c9 - Gtm_ LA ~_ _
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 thelol/owing
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., ~ 9
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Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 3
We Ctre
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.
NOJ ~('ntl~ we Clre 51'mt'111 y er:\a~!'n!J +he eX(5~'C9
5tructure. ' fLl ~ .-/
E. HOW DID YOUR NEED FOR AN AREA V ARIANCE(S)COME ABOUT? IS YOUR
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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)
l~
IV) SURVEY DAT~_ ~18!-C)d: . . LAST REVISED
I'i>REPARED BY ~~ )Cl)d 5._, \<1 n.lm1ft/ .
( ) PLOT PLAN DATED
AND
( ) PHOTOS
( ) DRAWINGS DATED
( ~ETTER OF COMMUNICATION WHICH RESULTED IN APPLICATION TO
THE ZBA.
(e.g., recommendation from the Planning Board / Zoning Denial)
LETTERFROM -,--:- ~~r-:F DATED: ~ '3 /),()O 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 DATED: Jd9.1Q3
SIGNATURE flJyctfJWflJ qp. OOl11tfll,ATED:
(If more than on Appellant) .
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 5
... . ..... .. . . .. .. . ... ... . .. .. . . .. " . .. .... . ... .... . .. . . . . .. .. . . . .. ... ... .. . .. .... .. . . . . ... .... . . .. ... . ... .. , .. ... I . ..
. .. . .,. .. ... ,.. .,. ... . .. ... .. . ... .. ... .. . . . ... .. . . . . . , . . . . . .... . .. ... ... .. . .. . .. . .. . .. . .. . I .. . . . .. . . . . . .. .. .. . . . . . .. .
FOR OFFICE USE ONLY
1. THE REQUESTED V ARIANCE(S) ( ) WILL /. (~L NOT PRODUCE AN
UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD.
( ) YES / (~, SUBSTANTIAL DETRIMENT WILL BE CREATED T~ NEARBY
PROPERTIES.
2. THERE ( ) IS (ARE) / (~(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 / (~LL NOT HAVE AN ADVERSE
EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN
THE NEIGHBORHOOD OR DISTRlCT.
5. THE ALLEGED DIFFICULTY ( ~l ( ) IS NOT SELF-CREATED.
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal NoP3-7178
Page 6
CONCLUSION: THEREFORE, IT WAS DETERMINED THE REQUESTED VARIANCE
BE (~RANTED ( ) 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 granted a variance 31.3 feet for a front yard setback
on 223 Myers Corners Road. This gives the Carroll's a front yard setbsck of
43.7 from their home in the front yard.
(xx) FINDINGS & FACTS ATTACHED.
DATED: July 9, 2003
ZONING BOARD OF APPEALS
TOWN OF WAPpmGER ~W/1
BY: <j, I4/f~
roR (Chairman)
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TOWN OF WAPPINGER
ZONING ADMINISTRATOR
TATlANA 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: June 3, 2003
TO: Mr. and Mrs. Patrick Carroll
223 Myers Corners Road
Wappingers Falls, NY 12590
Grid# 6258-02-682584
Dear Mr. and Mrs. Patrick Carroll:
Your application # 21320 for a permit to construct a two-story 660 sq. ft.
residential addition 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 front yard setback requirement of 75
feet from a county road and you provide a front yard setback of forty
three and sixty-eight one hundredth feet (43.68').
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,
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TOWN OF WAPPINGER BUILDING DEPARTMENT
APPLICATION FOR BUILDING 'PERMIT
No. 21320
APPLICANT NAME:
ADDRESS:
TELEPHONE NUMBER: .
ZONE ~ -L/ ~
Application # A /,3 .-~ U
Permit #
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OWNER OF ~ING/LAND:
NAME: ~0
ADDRESS:
TELEPHONE NUMBER:
BUILDER/CONTRA
COMPANY NAME:
ADDRESS:
CONTACT PERSON: NAME:
O~ DOING WORK: .J.~
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FRONT YARD SETBACKS
SIZE OF STRUCTURE:
ESTIMATED COST:
GRID#
DATE RECEIVED:
TITLE:
REAR ,~O 0 + k1DEYARD 2. 5 j
...-' TYPE OF USE: ~V j
R-
SIDEYARD
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S-2C;-() 3
ESTIMATED VALUE:
PERMITFEE: It -3 6. 0 0 S" f!,;:( fer To AD 3<-1 s.J- A
PAID FEE ON 5- :2..1--() 3 CHECK # ~S;2 I RECEIPT # . ;Z /32 ()
APPROVALS:
ZONING ADMINISTRATOR:
o Approved ~. Denied DATE: JluU .3" '2&03
.
FIRE INSPECTOR
o Approved 0 Denied DATE:
Signature of Applicant
Signature of Building Inspector
White - Office Copy / Yellow - Assessor's Office Copy / Pink - Applicants Copy
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of pavt. ..'.'.'.'.'.'.'.,"'.'.w...'.'...........'.'.'.'.'.'.~".'."....'.'.'.'.'.'.'.'.'.'.'.'..............
. Myers C~~er Road.
Its # 1 as shown on a map entitled, "SUR VEY
r OF THE LANDS OF RlZA RAHMAN &
:ted in the Town of Wappinger, Dutchess
'ch 7, 1988 and last revised October 3, 1989,
~ire, L.L.S., Pc. & David U. Bennet, Jr.,
lutchess County Clerks Office on March 26,
0' 40'
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120'
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Surveyors Notes:
1. This survey is subject to the findings of a title report and or title search.
2. Subsurface structures, utilities, septic tanks and/or wells not visible at the time
and date of this survey are not shown on this map.
3. Surveyed as per deeds, old survey map, filed maps, physical evidence and
existing monument found at the site.
4. The alteration of this survey by anyone other than the original surveyor is
misleading, confusing and not in the general welfare or benefit to the new
buyers. An other licensed surveyor shall not alter this survey map, plot plan or
survey plat prepared by the original surveyor named. (THIS AS PER A LETTER
DATED 3/25/94 FROM THE NEW YORK STATE ASSOCIATION OF
PROFESSIONAL LAND SURVEYORS)
5. Subject to any conditions, restrictions, covenants and/or right-of
ways/easements of record, if any.
acre
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Survey Map
of the lands of
ANTHONY G. RAO
and
JOYCE E. RAO
to be conveyed to
PA TRICK K. CARROLL
and
VICTORIA M. CARROLL
situated in the
Town of Wappinger
County of Dutchess, New York
Scale 1-=40' Date: September 15, 1999
40'
-
-
80'
120'
I
i~aymnnb 3J. iiqlmirr, i.i.i. ,1P':Q;
85 Lyndon Road, Fishkill, NY 12524
New York State Licensed Surveyor #049249
'914 96-9113 Fax 914 96-7535
"This plat was prepared for the exclusive use of the person, persons or entity DlIDlCd in the certifications. Said
certifications does not extend to any unameel person, or persons without an express re-certification by the surveyor
naming the said person(s)..
Certified to: PATRICK K. CARROLL and VICTORIA M. CARROLL
HUDSON VALLEY FEDERAL CREDIT UNION
its successors and or assigns as their interest may appear
CARTHAGE ABSTRACT LTD.
CerUfled In accordance wI1h the minimum standards for titlelBank surveys of the New YorK Slate
AssoclaUon of Professional Land Surveyors.
Raymond J. Kihlmire, L.L.S.
N. Y. L.S. #04924
0n1et8d by:
PATRICK K CARROLL
c/o Mirkin & Gordon, P.C. Attorneys at Law
#98 Cutter MfJI Rroad, Great Neck,. N.Y. 11021 516-466-6030
no. 0 no.
