03-7203
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
October 28, 2003
To: Gloria Morse
Town Clerk
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Manz Decision
Appeal No. 03-7203
Attached you will find the original ApplicationlDecision & Order
for Joseph Manz, 8 Stonewall Drive, Wappinger Falls, NY.
I would appreciate it if you would file these documents.
Attachments
cc: Mr. & Mrs. Manz
Zoning Board
Town File
Town Attorney
Building Inspector
Zoning Administrator
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TOWN OF WAPPINGER
P.O. BOX 324 - 20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 1 2590
Zoning Board of Appeals
Office: 845.297.1373 - Fax: 845.297.4558
Zoning Enforcement Officer
Office: 845.297.6257
www.townofwappinger.us
Application for an Area Variance
Appeal #b~ --1"2-. () ~ Dated: (Q)(1}D6py 7 i/.i'IJ '3
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I(We), Joseph M. Manz residing at 8 Stonewall Drive, Wappingers Falls, (845-298-9257
hereby appeal to the Zoning Board of Appeals from the decision/action of the Zoning
Administrator, dated October 6,2003, and do hereby apply for an area variance(s).
Premises located at 8 Stonewall Drive, Wappingers Falls, NY
Tax Grid # 6259-03-427022
Zoning District: R-40
1. Record Owner of Property
Address: 8 Stonewall Drive, Wappingers Falls
Phone Number 845-298-6045 V'
Owner Consent: Dated: 10/6/2003 Signature: ~ III.
Printed: ~ Joseph M. Manz
2. Variance(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 Code.
(Indicate Article, Section, Subsection and Paragraph): 240-37
Required: 50 feet in front_
Applicant(s) can provide: 44 feet in front
Thus requesting; 6 foot variance in front_
To allow: Installation of SportCourt
TOW022.ZBA-AA V (4-03 Rev) 1 of 4
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No.
Variance No.2
I(We) hereby apply to the Zoning Board of Appeals for a variance(s) of the following
requirements of the Zoning Code.
(Indicate Article, Section, Subsection and Paragraph): 240-21 (8)(4)
Required: 6 foot fence
Applicant(s) can provide: 10 foot fence
Thus requesting: 4 foot variance
To allow: for installation of standard SportCourt fence
3. Reason For Appeal (Please substantiate the request by answering the following questions in
detail. Use extra sheet, if necessary):
A. If your variance(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.
. The addition of a SportCourt to the neighborhood will maintain the private and upscale characteristics of the
neighborhood and nearby properties. The family friendly aspects of the neighborhood will be enhance by this addition
The SportCourt is attractive and the area surrounding the court will be landscaped. There are currently white pine trees
surrounding 2 sides of the court and as they mature, the court will be less visible to the street and neighbors
. The addition of a fence surrounding the SportCourt will maintain the private and upscale characteristics of the
neighborhood and nearby properties as well as deter unwanted use of the SportCourt. The SportCourt fence is
attractive and the area surrounding the fence will be landscaped. There are currently white pine trees surrounding 2
sides of the court and as they mature, the fence and court will be less visible to the street and neighbors
B. Please explain why you need the variance(s). Is there any way to reach the same result
without a variance(s)? Please be specific in your answer.
. The placement of the SportCourt on the property was optimally located to take advantage of privacy provided by the
white pines, to avoid unnecessary tree clearance and to avoid the septic system which consumes a large part of the
existing open area.
. The 10 feet height of the SportCourt fence is needed to provide the needed barrier to keep balls used during basketbal
short court tennis and volleyball inside the playing area.
C. How big is the change from the standards set out in the zoning law? Is the requested area variance(s) substantial? If not,
please explain, in detail, why it is not substantial.
. For Variance 1, the frontof the property is 6 feet less than the required 50ft to the property front. Based on the structure
being a SportCourt, which is not a building but a single surface on the ground, it is not a substantial variance.
. For Variance 2, it is an additional 4 feet above the 6 foot standard. This is the standard fence offered with SportCourts.
side
D. If your variance(s) is(are) granted, will the physical environmental conditions in the
neighborhood or district be impacted? Please explain, in detail, why or why not.
. The physical environmental conditions in the neighborhood will be unaffected. The wooded parts of the property are
unaffected; drainage is unaffected; and the curb side appeal is maintained.
TOW022.ZBA-AAV (4-03 Rev) 2 of 4
I own ot wappinger Lonlng Hoard ot Appeals
Application for an Area Variance
Appeal No.
E. How did your need for an area variance(s) come about? Is your difficulty self-created? Please
explain your answer in detail.
. The need for variance 1 came about based on the best location for the SportCourt. There were no other choices for the
court without significant tree cutting or disrupting the septic system.
. The need for variance 2 came about based on the requirements of the games to be played on the SportCourt and
based on the recommendation of the SportCourt company. An 8 foot fence is needed to keep the balls inside the court
A six foot fence would require frequent trips over the fence to retrieve balls.
F. Is your property unique in the neighborhood that is needs this type of variance? Please explain
your answer in detail.
. The shape of the property, non-rectangular, is unique in the neighborhood which presented a challenge in locating the
SportCourt.
4. List of attachments (Check applicable information)
(X) Survey Dated , Last Revised and
Prepared by
( )Plot Plan Dated.
(X)Photos
( )Drawings Dated
(X) Letter of Communication which resulted in application to the ZBA.
(e.g./ recommendation from the Planning Board/Zonina Denial)
Letter from Susan Dao, Deputy Zoning Administrator Dated: October 6, 2003
() 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: 10/6/2003
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SIGNATURE
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No. 03-7203
FOR OFFICE USE ONLY
1. The requested variance(s) ( ) WILL / (X) WILL NOT produce an undesirable change in the character of the neighborhood.
a. () YES / ()J: NO, Substantial detriment will be created to nearby properties.
2. There (X) IS(ARE) / ( ) IS(ARE) NO other feasible methods available for you to pursue to achieve the benefit you seek other
than the requested variance(s).
3. The requested area variance(s) ( ) IS(ARE) / (X) IS(ARE) NOT substantial.
4. The proposed variance(s) ( ) WILL / K ) WILL NOT have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district.
5. The alleged difficulty (X) IS / ( ) IS NOT self-created.
6. The property ( ) IS / (}O IS NOT unique to the neighborhood.
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 6 foot front yard variance for the
construction of a Sports Court to be constructed. This will give the property at
8 Stonewall Drive a 44 foot front yard setback. This structure shall be 50 X 62 feet.
The following conditions have been imposed and accepted by the applicant:
1. The hours ot use for the ~port ~~urt shall be l1m1ted to ~am to lOpm.
2. The screening around the Sport Court shall be maintained at all times.
3. A photometric plan for the lighting pole shall be given to the building dept.
pr10r to a CC be1ng 1ssued.
(~ Findings & Facts Attached.
DATED: October 29, 2003
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY~/~
(Chairman)
Print:V/ClG/1 ~ ~a#lIe'f'
TOW022.ZBA-AAV (4-03 Rev) 4 of 4
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: October 8, 2003
TO: Mr. & Mrs. Joseph M. & Rose L. Manz
8 Stonewall Drive
Wappingers Falls, NY 12590
Grid# 6259-03-427022
Dear: Mr. & Mrs. Joseph M. & Rose L. Manz,
Your application #21810 for a permit for Sport Court (tennis, Basketball,
Volleyball) 50' x 62' is hereby DENIED on the basis of Section: 240-37 of
the Town of Wappinger Zoning Law, which stipulates:
R-40 ZONING DISTRICT has a and a front yard setback of fifty feet
(50') you provide a and a front yard setback of forty four feet (44').
You have the right to appeal this decision to the Zoning Board of Appeals.
The required forms can be obtained at this office.
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Susan Dao - Deputy Zoning Administrator
TOWN OF WAPPINGER BUILDING DEPARTMENT
APPLICATION FOR BUILDING 'PERMIT
No. 21810
APPLICATION TYPE: ~ Residential
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o Multiple dwelling
ZONE: "'/(- 40
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TELEPHONE NUMBER: ;; 9 9'-9;2$"1 TYPE OF STRUCTURE: I ...s /o~.~ CQ(.l,ef
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CONTACT PERSON: NAME: (~L( Vi TITLE: Pk!.~S.
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FRONT YARD SETBACKS ~ ~ REAR SIDEYARD ;1:ff! 3 2-SIDEYARD $Z'
SIZE OF STRUCTURE: -5'CY X ~l -C{)NC~1f1ETYPE OF USE'
ESTIMATED COST: 501 (TO 0
GRID # t;,c2j""'9 -O;j - <;d.'70d ~
DATE RECEIVED: /,0- 0..3-03>
ESTIMATED VALUE
PERMIT FEE: t> ~ dO
PAID FEE ON /(J- 03-03 GH'CCR # CA-s,# RECEIPT #19 -2/2ft'
APPROVALS:
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