03-7195
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 10, 2003
To: Gloria Morse
Town Clerk
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Don & Mary Ann Mesuda
Appeal No. 03-7195
Attached you will find the original ApplicationlDecision & Order
for Don & Mary Ann Mesuda, 2 Boxwood Close, Wappinger Falls, NY.
I would appreciate it if you would file these documents.
Attachments
cc: Mr. & Mrs. Mesuda
Zoning Board
Town File
T own Attorney
Building Inspector
Zoning Administrator
RECE\VED
SEP , , 2003
TOWN CLERK
.1
AREA V ARIANCE(S) APPLICATION
. APPLICATION TO ZONING,BOARD OF APPEALS
TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK
Appeal #~. '15
Date: D~
Fee: . D.~
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
r(We) bON fv)t.SlAbA + MAft.'1 ANN MESUbA . of
12 J..Name of Appellant(s) J
' 2- DOXWz>o ~ LL..os~) HoPEWELL.. _c.T ,
(Mailing ~ddres!/ N'f J 2533 '
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HEREBY APPEAL TO THjfzONINGBOARD OF APPEALS FROM THE
DECISION/ACTION OF THE ZONING ADMINISTRATOR, DATED ~l.u.'12S , #I. 2m)3
WD DO HEREBY APPLY FOR AN AREA V ARIANCE(S).
'remises located at 2. &X~OO~ GL.~f J I-bP~WELL JeT'
(Address of Property) 'J
to 3 5(0 - 0 \ - 13 OCf~ 5 .' '. R - 2o/~ 0
(Grid Nos.) (Zoning District)
RECORD OWNER OF PROPERTY MAt.. "I ANN M ~..su../:) A'
. . (Name) ,
2. &~DQb CI..~E:. J ffopt.vJlEl..l.. JeT. J /..2.533 8LJS-89b-7'1:;J 3
(Address) (Phone Number)
OWNER CONSENT: Daled:'l/28JD3 Sign.\Ufe: .11a~~. ~cb...
. ,;, ,. ;' Printed: 11 A ~y A IV N f) !Su. 0/4
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V ARlANCE(S) REQUEST:
VARIANCE NO.1
, .
r (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS' FOR A
VARlANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONING
JRDINANCE.
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Se,CTlOI\) 2l.fO - 31
(Indicate Article, Section, Subsection and Paragraph)
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 2
I . j .
YREQUlRED: A 20. SI~f'iJl.~~ ~ETe,A~K
APPLICANT(S) CAN PROVIDE:I A 10 I ..s , CE'fA~~ SETi$AGK.
.
THUS REQUESTING: A .10'Sll)fV Af.J:j SET~AGK. VAf!..I~ f\)0E.
TO ALLOW: FoR.. Brnf~ PLAc..f.ME.NT of P~oPo.sffi 5Hro
&0 II OOE-5 NOT O&5C~ utE "LAt-.ll)S(.PrPE.D ~U-.fFb€.~fTvJ.
DUf. P~OPf-~TV .... Tltt NEl6-ttBolf-' f:>E-}f-INO LAS.
V ARlANCE NO.2
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A
V ARlANCE(S) OF THBFQLL0WlNG REQUIREMENTS OF THE ZONING
ORDINANCE." .
.Sec..TION 240 - 37-
(Indicate Article, Section, Subsection and Paragraph)
REQUIRED: .A YO' {(f,A~ '1A(/..f) 5fT~GK
APPLICANT(S) CAN PROVIDE: A 28' r<EA~ YPrf<.fJ. 5,ETgAGK
THUS REQUESTING: A 12( r<.fA-~ YA-f<.D VAf!.I.ANGf..
TO ALLOW: Fo,e. StifD T:o 6E. . PeALE.D AT 1ft~ J;AsE.
OF A 11ILL' TH-AT R~E.S Ac..~C5S lJ:t~ {;:NTIr<E..
RfAfZ fJR.OPEf<T\1 LIN~.
REASON FOR APPEAL (P1eape s119stantiate.ihe request by answering the following
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. questions in detail. Use extta sheet, ifnecessary):.. .
A. .P" YOUR V ARIANCE(S) Is'~(~fQRANTED, HOW WILL THE CHARACTER OF
THE NEIGHBORHOOD OR NEARBY PROPERTIES CHANGE? WILL ANY OF
THOSE CHANGES BE NEGATIVE~' PLEASE EXPLAIN YOUR ANSWER IN
DETAIL.
, ~
~~E. ATTAC,t-\-EI)
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 3
B. PLEASE EXPLAIN \VHY yof1 NEED THE V ARIANCE(S). IS THERE ANY WAY
TO REACH THE SAME RBSUL T WITHOUT A V ARIANCE(S)? PLEASE BE SPECIFIC IN
YOUR ANSWER.
SEE ATTAC.,\-ttO
~
C. HOW BIG IS THE CHANGE FROM "THE STANDARDS SET OUT m THE ZONING
LAW? IS THE REQUESTED AREA,VARIANCE(S) SUBSTANTIAL? IF NOT, PLEASE
EXPLAIN, IN DETAIL, WHY.!T IS .~or .sUBSTANTIAL.
SEE: AT TAc.J\..E1)
). 1F YOUR V ARlANCE(S) IS (ARE) GRANTED, WILL THE PHYSICAL
~NVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT BE
MP ACTED? PLEASE EXPLAm, IN DETAlL, WHY OR WHY NOT.
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HOW DID YOUR NEEP EOR AN AREA, V ARIANCE(S) COME ABOUT? IS YOUR
IFFICULTY SELF-CREAT~D?PLEASE'EXPLAlN YOUR ANSWER IN DETAIL.
~
SEE: ATTAC.l+-ED
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
4. LIST OF ATTACHMENTS (C~eck applicable information)
( ) SURVEY DATED
PREP ARED BY
(j) PLOT PLANDATED ~U.L'f lBI 26D3
, LAST REVISED
( ) PHOTOS
( ) DRAWINGS DATED
U ~;::ER OF CO~:A~I~N:vmcir RESULTED IN APPLICATION TO
(e.g., recommendation from the PlannifJg Board / Zoning Denial) .... , ~l "\11'. ....
LEITERFROM M((~ .'f"AT(A-~A LuKtANoff- DATED: ~
LEITER FROM - DATED:
( ) OTHER (please list):
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
,'.~ .. ...
. -
flaIL[. ~-~ DATED:
rAppellant). . . "
C(r~
~ ' . DATED:
(If mote than one Appellant)
SIGNATURE
7/28/03
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Page 4
AND
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
.,
Page 5
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. ". 1.1 II II '" .... II .... 11.11....... ...... .............1.. 11.11.. 11.1.. ........ .,........ II II I' II... II' ... II.. II II""
..,.,.. II ......... ............... II ....... ........ I' I"~ ........ ... .... .... II .... .... ..~ ... '" 1'1 11.11 .......1 II ,.. ,t.
3. THE REQUESTED AREA VARIANCE(S) (~(ARE) / C ) IS'CARE) NOT
SUBSTANTIAL. .
t THE PROPOSED V ARlANCE(S) ( ) WILL / .( 4L NOT HAVE AN ADVERSE
EFFECT OR IMPACT ON T!1EPHYSICAL OR ENVIRONMENTAL CONDITIONS IN
THE NEIGHB.oR1:IOpD.ORI?ISTRICT.
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THE ALLEGED DWFl~ULIT (~~:'~:',T )IS NOT SELF-CREATED. .
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Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. 03-7195
Page 6
..
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CONCLUSION: THEREFORE, IT WAS DETERMINED THE REQUESTED V ARlANCE
BE (DC) 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 Zonin Board of App.~A:l~,.h~l;! 'grant~d a variance of 10 feet for a side yard setback
for a proposed shed. This granti~a variance of 10 feet;
Board of A eals has ranted a variance of 12 feet for a rear yard setback.
TRis giPQg tRQ p"'''p'''...t-y .<It- ? Rmclo1nnr1 r.l n<=:", .<I 1""'.<11" Y.<l1"r1 <=:prhaC'.k of 28 feet.
. rl FINDINGS & FACTS ATTACHED.
)ATED:
September 10, 2003.
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ZONING BOARD OF APPEALS
TOWN OF WAPPlNGER. NEaRK
. BY: ~
. PRINT:,
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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 25, 2003
TO: Mr. and Mrs. Donald Mesuda
2 Boxwood Close
Wappingers Falls, NY 12590
Grid# 6356-01-130945
Dear Mr. and Mrs. Mesuda:
Your application # 21524 or a permit to construct a 14' x 20' pre-fab
wood shed with electric 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 ten feet (10'). Also the
required rear yard setback is 40' and you provide a rear yard setback of
twenty-eight feet (28').
You have the right to appeal this decision to the Zoning Board of Appeals
within 60 days of the date of this letter. The required forms can be obtained
at this office.
Yours truly,
If
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TOWN OF WAPPINGER BUILDING DEPARTMENT
APPLICATION FOR BUILDING 'PERMIT
No. 21524
APPLICATION TYPE: ~esidential
o Commercial
o Multiple dwelling
ZONE:
A~(5~ L/
Application #
Permit #
APPLICATION FOR:~1ULla-'_L I'll X 20 ~/x:lA-l tfa.~ ~ftJz)d41,-d ~/-e-ke~~)
APPLICANT NAME Ltnff/11lifa;:;,fJ:;!tt,~ ~ ?Iv /UM Yilrd
ADDRESS: SLi..Q ~ . 'mrl.
TELEPHONE NUMBER: 8q (JI- 7<-/d?> TYPE OF STRUCTURE:
OWNER OF BUILDING/LAND:
NAME: fJcm~~l ~ m~ fll( 4f.' ~<l.I{da /
ADDRESS:
TELEPHONE NUMBER:
BUILDER/CONTRACTOR DOING WORK:
COMPANY NAME: J'!f..t \:.1L,dft t}1g-t~/ ')
ADDRESS: :J ufJJ-/(J JOt0d (1tJkl.1 ,
CONTACT PERSON: NAME:
TELEPHONE # 89& 7</d. '3
TITLE:
FRONT YARD SETBACKS REAR
SIZE OF STRUCTURE:
ESTIMATED COST: ;: 3.5Z)Q -
GRID # 031.-510-0) -' / 3()Q V,S
DATE RECEIVED: 7 - I (0 - () ..3
ESTIMATED VALUE:
PERMIT FEE: 35 I () U
PAID FEE ON 7 - I (c-{)3 CHECK #
SIDEYARD
TYPE OF USE:
SIDEYARD
)
JOe) I_RECEIPT # .A rl- /5 ;;)Lf
APPROVALS:
ZONING ADMINISTR
o Approved
FIRE INSPECTOR
o Approved 0 Denied DATE:
Signature of Building Inspector
White - Office Copy / Yellow - Assessor's Office Copy / Pink - Applicants Copy
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BUILDING PERMIT I
LOCAnON N S
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HOUSE NUMBER LOT NUMBER REC. VOL.
OWNER OF LAND JJOY\ +- MCUtf A-lI\l1 l1t..su.clo...
INTERIOR OR~lOT ZONE I.. :lfJ-LfO
TOWN OF WAPPINGER
PLOT PLAN
DATE '7 -/0- 0 '3
SIDE
STREEYA VENUE
PAGE
ft.
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Rear Yard
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Sideyard
HOUSE Sideyard
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Set Back
_ft.
ft. frontage 1
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Neareat Street Nearest Street
0(\ COf ruf It. en ((H ~f ft.
<E- /3OX'Wlf7) 0 c.tOSE ~
INDICATE LOCATION of .'NeLL and SEWAGE SYSTEM
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and THE DISTANCE of EACH FROM HOUSE
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STREET
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'nformation
Supplied by
110 ~ l1<:.stA
Marie North Point
DON Be MARY ANN MESUDA
2 BOXWOOD CLOSE
HOPEWELL JCT., NY 1 2533
GRID # 63560 1.1 30945
JULY 28, 2003
TOWN OF WAPPINGER ZONING BOARD OF ApPEALS
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
RE: GRID # 63560 1.130945
AREA VARIANCES APPUCATION
REASON FOR ApPEAL:
A. WE BELIEVE THAT ADDING A STORAGE SHED TO OUR BACK YARD
WILL NOT CHANGE THE CHARACTER OF THE NEIGHBORHOOD AT
ALL. IN FACT, WE WILL SIMPLY BE ADDING WHAT 99% OF THE
REST OF OUR NEIGHBORS ALREADY HAVE; A SHED IN THE BACK
YARD TO PUT AWAY THE "OVERFLOW" OF ITEMS FROM OUR
GARAGE. CURRENTLY, THESE ITEMS ARE IN FULL VIEW OF
NEIGHBORS THAT CAN SEE OUR BACK YARD SINCE THEY ARE BEING
STORED UNDER THE OPEN PORCH. THE SHED WILL BE PLACED IN
OUR LEFT BACK CORNER NEAR THE STOCKADE FENCE THAT RUNS
ALONG THE ROAD. THEREFORE, THE CLOSEST HOME THAT WILL
BE ABLE TO SEE THE SHED IS ALL THE WAY ACROSS THE STREET.
THERE IS ONLY ONE NEIGHBOR WHOSE PROPERTY WILL BE
ADJACENT TO THE SHED. FROM THE FRONT OF HER HOME, SHE
WOULD HAVE TO LOOK THROUGH MY HILL. 4 ARBORVITAE TREES
AND A STOCKADE FENCE TO SEE THE SHED. I BELIEVE SHE WILL
NOT SEE IT AT ALL SINCE IT WILL BE OBSCURED BY A NATURAL
ROW OF TREES THAT BECOME THICKER AS THEY GET CLOSER TO
THE LEFT SIDE OF HER HOME. THIS NEIGHBOR AND I HAVE
WORKED TOGETHER FOR YEARS CLEARING THE "WOODLINE" OF
VINES AND PLANTING SHRUBS TO FILL IN ANY GAPS IN LEAF
COVERAGE.
B. THIS VARIANCE IS NECESSARY SINCE PLACING THE SHED AT THE
REQUIRED DISTANCES FROM THE SIDEY ARD WILL PUT THE SHED IN
FRONT OF A FULLY LANDSCAPED BUFFER ON OUR SIDE OF A HILL
OF TREES THAT SEPARATES OUR YARD FROM THE NEIGHBOR
BEHIND US. IT HAS COST A LOT OF MONEY AND A LOT OF TIME
KEEPING THE HILL CLEAR OF VINES, ETC. IT IS A FOCAL POINT OF
OUR YARD. THE VARIANCE IS ALSO NECESSARY FOR THE REAR
YARD SETBACK SINCE ALTHOUGH IT WILL STILL BE IN FRONT OF
PART OF THE LANDSCAPED BUFFER, IT WILL LEAVE "DEAD SPACE"
PAr.;F 1 ()F?
.
DON Be MARY ANN MESUDA
2 BOXWOOD CLOSE
HOPEWELL JeT., NY 1 2533
GRID # 6356-01 M 1 30945
BETWEEN THE BACK OF THE SHED AND THE HILL THAT RISES
BEHIND IT. IT WOULD ALSO MAKE THE SHED MORE NOTICEABLE TO
THE NEIGHBORS ACROSS THE STREET SINCE THEY WOULD BE
LOOKING MORE AT THE BACK OF THE LONG SIDE OF THE SHED
RATHER THAN LOOKING AT THE SHORTER SIDE OF THE SHED. THE
SHED CAN NOT BE PLACED IN THE RIGHT CORNER OF OUR
PROPERTY BECAUSE THERE IS AN EXISTING SWING-SET (AWAY
FROM THE ROAD) AND A FRUIT TREE THERE. ADDITIONALLY, WE
NEED THE SHED TO BE ON THE LEFT SIDE SINCE WE CAN ACCESS
THE DRIVEWAY AND ROAD THROUGH A LARGE GATE IN OUR
STOCKADE FENCE. LASTLY, THE POWER FOR THE ELECTRIC TO
THE SHED WILL COME FROM A CIRCUIT USED AT THE POOL, WHICH
IS ON THE LEFT SIDE OF OUR YARD.
C. THE REQUESTED CHANGE FROM THE REQUIRED ZONING IS NOT
SUBSTANTIAL SINCE NEIGHBORS ACROSS THE STREET WOULD SEE
THE SHED EITHER WAY, AND THE CLOSEST NEIGHBOR ADJACENT
TO THE SHED'S LOCATION WILL NOT SEE IT THROUGH THE TREES.
OUR LEFT SIDE YARD HAS NO NEIGHBOR, ONLY A ROAD.
D. IF OUR VARIANCES ARE GRANTED, THERE WILL BE NO
ENVIRONMENTAL IMPACT IN THE NEIGHBORHOOD. WE WILL USE
ONLY LOOSE STONE AS A BASE UNDER THE SHED'S FRAME. THERE
WILL NOT BE ANY WATER HOOK-UP THERE.
E. THE NEED FOR THE VARIANCES IS DUE TO THE NATURAL TERRAIN
OF OUR BACK YARD, THE AVAILABILITY OF THE ROADWAY ALONG
THE FENCE, AND THE ELECTRICITY AVAILABLE AT THE POOL
MOTOR. THESE FACTORS ALL POINT TO THE LOGICAL PLACEMENT
OF THE SHED IN THE LEFT REAR CORNER OF OUR YARD.
PA~F ? nF?
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