03-7209
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
December 10, 2003
To: Gloria Morse
Town Clerk
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Carter Decision
Appeal No. 03-7209
Attached you will find the original Application/Decision & Order
for Christopher & Debra Carter, 54 Mina Drive, Wappinger Falls, NY.
I would appreciate it if you would file these documents.
Attachments
cc: Mr. & Mrs. Carter
Zoning Board
Town File
T own Attorney
Building Inspector
Zoning Administrator
RECEIVED
TOWN CLERK
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TOWN OF WAPPINGER
P.O. Box 324 - 20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
Zoning Board of Appeals
Office: 845.297.1373 rv Fax: 845.297.4558
Zoning Enforcement Officer
Office: 845.297.6257
www.townofwappinger.us
Application for an Area Variance
Appeal #
o 3 - 7 :LeA
Dated: llJd 0 I 0 :3
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I We), residing at
I , ~- - ~ J.!J (phone), hereby appeal
to t Zori' g Board of Appeals from the decision/action of the Zoning Administrator,
dated Nov' 5 , ~OO2-, and do hereby apply for an area variance(s).
Premises located at }j y H'I \\0.. t,,\~
Tax Grid # ~ 7 ~t ()Cca.5Q (')
Zoning District ~ - :;)
1. Record Owner of Pro erty ~("t :::>
Address 'f '
Phone Number -0/
Owner Consent: Dated:
er d ~ebro Car kr-
In I s Ni I;)..SCfrJ
, Signature:~~
Pnnted:
1'~01 (}cy~
(./Ch~,~G'pher R, Cctrk/
nin Board of Appeals for a varian (s) of the following
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2. Variance(s) Request:
Pc~f-
TOW022.ZBA-AAV (4-03 Rev)] of4
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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)
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, 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? Ple?\se explain your answer in detail.
~~~t t:-cS~~~~6Dd cx: ncOJby
B. Please explain why you need the variance(s). Is there any way to reach the same result
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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.
l"~ r'~~~~~~J ~e..t d i ffiJ-GVl r f tUm the- '( ~
D. If your variance(s) is(are) granted, will the physical environmental conditions in the
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TOW022.lBA-AA V (4-03 Rev) 2 of 4
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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)
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, 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? Ple?lse explain your answer in detail.
~~W ~()ft t:-~~~ood or neDJ by
B. Please explain why you need the variance(s). Is there any way to reach the same result
~f~;~~~~~~~:5t&~~~
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.
-m('~g~~~g:d- JdRI01~ pYUm ~L ~
D. If your variance(s) is(are) granted, will the physical environmental conditions in the
w:~~iwJ~i(;~ii~;~]~~
TOW022.ZBA-AA V (4-03 Rev) 2 of 4
J
Town of Wappinger Zoning Board of 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.
4. List of attachments (Check applicable information)
( ) Su rvey Dated
Prepared by
I Last Revised
and
() Plot Plan Dated
() Photos
() Drawings Dated
() Letter of Communication which resulted in application to the ZBA.
(e.g., recommendation from t e Planning Board/Zoning Denial)
Letter from Dated:
Letter from Dated:
~
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() Other (please list):
5. Signature and Verification
Please be advised that no application can be deemed complete unless signed below.
SIGNATURE
formation given is accurate as of the date of application.
DATED:
SIGNATURE
DATED:
TOW022.ZBA-AA V (4-03 Rev) 3 of 4
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Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No.
FOR OFFICE USE ON L Y
1. The requested variance(s) ( ) WILL / ( ) WILL NOT produce an undesirable change in the
character of the neighborhood.
( ) YES / ( ) NO, Substantial detriment will be created to nearby properties.
2. There ( ) 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) / ( ) IS(ARE) NOT substantial.
4. The proposed variance(s) ( ) WILL / ( ) WILL NOT have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty ( ) IS / ( ) IS NOT self-created.
6. The property ( ) IS / ( ) IS NOT unique to the neighborhood.
Conclusion: Therefore, it was determined the requested variance
Be ( ) GRANTED () DENIED.
Conditions/Stipulations: The following conditions and/or stipulations were adopted by resolution
of the Board as part of the action stated above:
( ) Findings & Facts Attached.
DATED:
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY:
(Chairman)
PRINT:
TOW022.zBA-AA v (4-03 Rev) 4 of 4
'.
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No. 03-7209
FOR OFFICE USE ONLY
1. The requested variance(s) ( ) WILL / ~ ) WILL NOT produce an undesirable change in the
character of the neighborhood.
( ) YES / (x ) NO, Substantial detriment will be created to nearby properties.
2. There ( ) IS (ARE) / (x) 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) / (K) IS(ARE) NOT substantial.
4. The proposed variance(s) ( ) WILL / ~ ) 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 / (X) IS NOT unique to the neighborhood.
Conclusion: Therefore, it was determined the requested variance
Be kx) 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 five foot variance for a
setback to allow the applicant to construct stairs to his existing deck.
property at 54 Mina Drive requires a 20'side yard setback we are granting
15 foot side yard setback with conditions.
side yard
Where the
them a
The condition placed on this variance is that the applicant must plant four to five
evergreen bushes, spaced two to four feet apart in the spring of 2004 to shield his
neighbor. Upon completion the applicant is required to bring in photos to the
Zoning Administrator.
(X) Findings & Facts Attached.
DATED: December 10, 2003
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
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BY:
(Chairman)
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PRINT:
TOW022.zBA-AA v (4-03 Rev) 4 of 4
· 'I PROJECT
ID NUMBER
617.20
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
(To be completed by Applicant or Project Sponsor)
2. PROJECT NAME
SEQR
PART 1 . PROJECT INFORMATION
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County
Intersections, Prominent landmarks ete - or provide map
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o Modification I alteration
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7.AMOUNT 0 LA D AFFECTED:
Initially :e: eres Ultimately
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
DYes rfJ No If nO,describebriefly:'\1-L f>,fD', (c + LS S fee1- be vun cL
L-dY1I~ rrStTlL hUVJJ
~IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
[ ...., 0 ,......., 0"""'""""" cr......... 0 .."', F_' Open Spa..
D01her (describe)
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (F~ State or Local)
DYes, If yes, list agency name and permit I approval:
ECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
No If yes, list agency name and permit I approval:
1'Y
LT OF PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION?
No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
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If the action is a Costal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
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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: November 5, 2003
TO: Mr. and Mrs. Christopher Carter
54 Mina Drive
Wappingers Falls, New York 12590
Grid# 6257-01-062590
Dear Mr. and Mrs. Carter:
Your second amendment to an existing Building Permit # 203-0273 to
construct steps to a pool deck is hereby DENIED on the basis of Section:
240-37 of the Town of Wappinger Zoning Law, which stipulates:
R-20 ZONNING DISTRICT has a side yard setback requirement of 20
feet and you provide a side yard setback of fifteen feet (15').
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.
You...rs. truly, vUo'''''''---.)
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Susan Dao - Deputy Zoning Administrator
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~~c-~~ PLOT PLAN
BUILDING PERMIT # 0.3 - ;213 DATE /0-,3 0 ~ 03
LOCA nON N S
SIDE
E W
HOUSE NUMBER -;f 5 t LOT NUMBER
OWNER OF LAND
INTERIOR OR CORNER LOT
STREEYA VENUE
REC. VOL.
PAGE
ZONE
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Rear Yard
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Sideyard HOUSE
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Set Back
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Neare.t Street 1
ft. ft. frontage
Sideyard
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INDICATE LOCATION of WELL and SEW AGE SYSTEM
and THE DISTANCE of EACH FROM HOUSE
1/'111 jA!, STREET
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