04-7217
TOWN OF WAPPINGER
ZONING BOARD OF APPEALS
April 27, 2004
To: Gloria Morse
Town Clerk
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: Juan & Shirley Cabrera
Appeal No. 04-7217
Attached you will find the original ApplicationlDecision & Order
for Juan & Shirley Cabrera, 24 Quarry Drive, Wappinger Falls, NY.
I would appreciate it if you would file these documents.
Attachments
cc: Mr. & Mrs. Cabrera
Zoning Board
Town File
Town Attorney
Building Inspector
Zoning Administrator
RECEIVED
MAY 1 7 2004
TOWN CLERK
SUPERVISOR
JOSEPH RUGGIERO
TOWN COUNCIL
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
ROBERT L. VALDATI
~
. .
TOWN OF WAPPINGER
P.O. Box 324 - 20 MIDDLEBUSH ROAD
W APPINGERS FALLS, NY 1 2590
Zoning Board of Appeals
Office: 845.297.1373 tv Fax: 845.297.4558
Zoning Enforcement Officer
Office: 845.297.6257
www.townofwappinger.us
Application for an Area Variance
Appeal #
u4-- 7217
Dated: .3\"'9 \ Q ~
\ . \
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
IlWe)~~~'I....\",n.'::' Q",'o\Z~_R.Q..residing at 7.1\ Gk)o.:/Iil...,f \::)(L
\J,Jo. ___~~G. , _-_- (Phone)J"herebyappeal
to the oning Board of Appeals from the decision/action of the Zoning Administrator,
dated , 200-i, and do hereby apply for an area variance(s).
~~~~~~s ~oca~~d ab~- ~ ~~~i D \ C-
Zoning District =a::::_ f2..-=--
1. Record Owner of Property ~~~. ~€.\/~0~'('"'\ ~u.\:,~~~ ~
Address ~I-\ ~\'<:-'<t _ ~ J2..1
Phone Number _ __ ~ .~
Owner Consent: Dated: Si9;~~~~~ ~ 4Ul~:X _
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.
w.... .:.... "'-~ R ea.-v>.. i"a- I'L~ So ~,
(Indicate Artic/e(")Sectlon, Subs tion and Paragraph)
Required: O-n \- ~
Applicant(s) can provid~ \ 5" \ 'C V' '- l b
Thus requesting: \ ~ I ~
To allow: t \' (Y,
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TOW022.ZBA-AAV (4-03 Rev)] of4
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.
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D~. ftLe\:S'@c\J .
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.
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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.
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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.
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TOW022.zBA-AA v (4-03 Rev) 2 of 4
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.
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F. Is your property unique in the neighborhood that is needs this type of variance? Please explain
your answer in detail.
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4. List of attachments (Check applicable information)
( ) Survey Dated ,= ~ ~Oer>, Last Revised
Prepared by
() Plot Plan Dated CD Y'\ T \ \ -e.........
() Photos
() Drawings Dated
() Letter of Communicatio whic resulted in application to the ZBA.
(e.g., recommendation from the Planning Board/Zoning Denial)
Letter from Dated:
Letter from Dated:
and O~~\\ ~
C)~
() 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.
SIGNATUR~_ /!J;t.....--- DATED: .
ppellant)
SIGNATURE DATED:
(If more than one Appellant)
TOW022.ZBA-AA V (4-03 Rev) 3 of 4
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No. 04-7217
FOR OFFICE USE ONLY
1. The requested variance(s) ( ) WILL / 6c) 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) / 0Cx) 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) ex) IS(ARE) / ( ) IS (ARE) NOT substantial.
4. The proposed variance(s) ( ) WILL / 000 WILL NOT have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty ex) IS / e ) IS NOT self-created.
6. The property e ) IS / eX) IS NOT unique to the neighborhood.
Conclusion: Therefore, it was determined the requested variance
Be icx) GRANTED e) DENIED.
Conditions/Stipulations: The following conditions and/or stipulations were adopted by resolution
of the Board as part of the action stated above:
The Zon1ng Board ot Appeals has voted to grant the app11cant a l~ toot var1ance to
f'nn",rr,,{"'r ~ 1 b. x 1'\ fnnr pnnl n~{"'1,- T.Jh~r9 tl,o appl i ('~nr no~non ~ 30 fnnr r<>~r y~rd
"'~rh~x1,-. rh~yh~v~ 1'\ f~~r rn rh~ r~~r
ex) Findings & Facts Attached.
DATED: April 28. 2004
ZONING BOARD OF APPEALS
:::W~N/-Z~
t (Chairman)
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PRINT: VI C/oI'. /-AN /.I eLl:'
TOW022.ZBA-AA V (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
MAUREEN McCARTHY
JOSEPH P. PAOLONI
ROBERT L. VALDATI
Date: March 19, 2004
TO: Mr. Bob Deluca
24 Quarry Drive
Wappingers Falls, NY 12590
Grid# 6158-04-995493
Dear: Mr. Bob Deluca,
Your application # 22174 for a permit for Pool deck 14' x 15' is hereby
DENIED on the basis of Section: 240-37 of the Town of Wappinger Zoning
law, which stipulates:
R-15 ZONING DISTRICT has a rear yard setback of thirty feet (30')
and you provide a rear yard setback of fifteen feet (15').
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, ~
.~ . Ad . .
Susan Dao - Deputy Zoning mlnlstrator
BUILDING PERMIT #
LOCAnON N S
E W
HOUSE NUMBER~ LOT NUMBER REC. VOL.
OWNER OF LAND (\ ~Re.v~ -:::ilCAW ~ 3"\O~ e\j
NTERIOR R CORNER LOT ZONE j( - ~O
I f 0 ..e. ~~ ;t;... t tv-fL j..i I:O"?> ~ 7 / (, f'
~1J ~/O,~
TOWN, OF WAPPINGER
PLOT PLAN
D^TE~\b\ q
STREEVA VENUE
SIDE
PAGE
-----
Sideyard HOUSE Sideyard
fL ft.
~ . . ---t
Do
t T
."
.2:!
Set Back .
ft.
Nearest Street 1
It. ft. frontage
,
,
,
,
,
;'
;'
;'
, ;'
;'
INDICATE LOCATION o'f WELL and SEW AGE SYSTEM
and THE DISTANCE, of EACH FROM HOUSE
"
;'
/
;'
;'
,
,
,
,
,
,
Marie North Point
TOWN OF WAPPINGER BUILDING DEPARTMENT
APPLICATION FOR BUILDING PERMIT
APPLICATION TYPE: ~eSidential
o Commercial
o Multiple Dwelling
APPLICATION FOR:
APPLICANT NAME:
(,Jr
ZONE:
Application #
Permit #
R20
A- 2-7..-11'1
N~ 22 1 74
@J
TYPE OF STRUCTURE:
OWNER OF BUILDINGILAND
NAME ~A-.:l S S I-hel'"-'{ ~ Rf?t-A
ADDRESS: 'V-I QiLAa- V . Wr
TELEPHONE NUMBER: ;?-1 <i- &1'2--"8'
BUILDER/CONTRACTOR DOING WORK
COMPANY NAME: At> ~ ~JI!.uc,f) OIl
ADDRESS: ~ LJIt..b~ ~r
CONTACT PERSON: NAME: . . .. j,/.u.:~
FRONT YARD SETBACKS: REAR:
SIZE OF STRUCTURE: 14 ~I ,S"
ESTIMATED COST: 1i t-focro --
GRID #(0 (~~.r OLI_ cpq )" t..Iq 3-(j)7:J D
DATE RECEIVED: '2>1 i "-lYf
ESTIMATED VALUE:
PERMIT FEE:
PAID FEE ON CHECK #
IS'
SIDEYARD: .so ;
TYPE OF USE:
S~:
fool
RECEIPT #
FIRE INSPECTOR
o Approved 0 Denied DATE:
Signature of Building Inspector
_...., A______..,_ _~~__ __.__
TOWN OF WAPPINGER
P.O. Box 324 - 20 MIDDLEBUSH ROAD
W APPINGERS FALLS. NY 1 2590
Building Department
Office: 845.297.6256'" Fax: 845.298.1478
www.townofwappinger.us
Owner Consent Form
To be filed when the aoolicant is not the buildina or orooertv owner
Application # Building Permit #
Grid # &(Sr-()tj --fi511-s
Location:
Name of Applicant:
Description of work to be performed:
I
, owner of the above
land/siteibuilding hereby give permission for the Town of Wappinger to approve or deny the above
application in accordance with local and state codes and ordinances.
Date
Owner's Telephone No.
Owner's Address
TOW033.BD-OCF (7-03 Rev) 1 of 1
. .
I PROJ;.cT Ie
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
NUMBER
PART 1. PROJECT INFORMATION
1. APPUCANT I SPONSOR
~o'o \) e.\-~~ ~~
3.PROJECT LOCATION:
Municipal~ ~ ~ ~ 0... (t y\..
4. PRECISE LOCATION: Street
t fL County \) ~ \' Co\\. e. s. S
and Road Intersections. Prominent landmarks ete - or Ilfovide map
5. IS PROPOSED ACTION: 0 expansion 0 ModlflcallOflI alteration
6. DESCRIBE PROJECT BRIEFLY: \ ~ X \ ~ f Cl 0 \-. \) e.cJ '-
7. AMOUNT OF LAND AFFECTED:
Inillally acres Ultimately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
DYes ~ If no, describe briefly: \ C s'<=t ~, '0 ~\.S
'\='
9. HAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
Residential 0 Industrial D Commercial DAgriCUlture D Park I Forest I Open Spaoe
D other (describe)
SEQR
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (Federal, State or Local)
~ 0 No If yes, list agency name and permit I approval:
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
DYes ~ If yes, list agency name and permit I approval:
1 . AS A RE ULT OF PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION?
No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF
Applicant I
If the action Is a Costal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment