04-7218
;
TOWN OF WAPPINGER
ZONING BOARD OF APPEALS
SUPERVISOR
JOSEPH RUGGIERO
ZONING BOARD OF APPEALS
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590-0324
(845) 297-1373
TOWN COUNCIL
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
ROBERT L. VALDATI
April 27, 2004
RECEIVED
MAY 1 7 2004
TOWN CLERK
To: Gloria Morse
Town Clerk
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Martin & Maritza Cuevas
Appeal No. 04-7218
Attached you will find the original ApplicationlDecision & Order
for Martin & Maritza Cuevas, 41 Wildwood Drive, Wappinger Falls, NY.
I would appreciate it if you would file these documents.
Attachments
cc: Mr. & Mrs. Cuevas
Zoning Board
Town File
Town Attorney
Building Inspector
Zoning Administrator
~
Zoning Board of Appeals
Office: 845.297.1373 '" Fax: 845.297.4558
Zoning Enforcement Officer
Office: 845.297.6257
www.townofwappinger.us
TOWN OF WAPPINGER
P.O. Box 324 - 20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
Application for an Area Variance
~;;jr
Appeal #
04- 721<6'
Dated:
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
residing at 1"1 MILJc.1ocL '?;;r,:urz
/2-~9f{) ,~[/15 -~- <!/~::r.l.j (phone), hereby appeal
ppeals from the decision/action of the Zonin'g Administrator,
, 200~, and do hereby apply for an area variance(s).
Premises located at
Tax Grid #
Zoning District - \
1. Record Owner 9f Property AJ,k r 1:\) ~' a& ~r '^c,.... t:H-'./r..~
Add ress 41 (J { { J. W '-J.l' /., "i)c; u ~ , 0cf'i'1/ttl/' rJ F j" J1Jy f2s ~ 0
Phone Number~-2(i8'- <"17!!/i.. ~~ .;
Owner Consent: Dated: '"/ {)l.j Signature: . /!~ ( YV....I~
Printed: ~ -t',;;;r.;: ," mif$-:r-::r;;;;;-i
2. Variance(s) Request:
Variance No. 1
I(We) hereby apply to the Zoning Board of Appeals' r variance(s) of the following
requirements of the Zoning Co .
Applicant(s) can provide:
Thus requesting:
To allow:
TOW022.ZBA-AAV (4-03 Rev) 1 of4
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itJ
..;
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.
S (. t 1/8tJ ;( .t'/{J. J, "-1
(Indicate Article, Section, Subsection and paragraph)
Required: 3 t::)' '( ea...< t'6t'- L I< 1C:'- ri
Applicant(s) can provide: I (; )( (1 &
Thus requesting: \0 \ (~t: I ~JV ~c v r
To allow: 2. I AbC) Q 'et'
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? P1e?lse explain your answer in detail.
B. Please explain why you need the variance
without a variance(s)? Please be specific y
out in the zoning law? Is the requested area
in detail, why it is not substantial.
C. How big is the change from
variance(s) substantial? If not,
D. If your variance(s) i are) granted, will the physical environmental conditions in the
neighborhood or district be impacted? Please explain, in detail, why or why not.
TOW022.lBA-AA V (4-03 Rev) 2 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.
S{ e!/8,J ;( .t./[J. J ".:(
(Indicate Article, Sect.ion, Subsecti9n and paragraph)
Required: ,( tY:-cij( L'-- r,l
Applicant(s) can provide: I (; (;
Thus requesting: \D \ t~fl eP...iJ t:.f2 ql
To allow: 2. I A bD e'er-
3. Reason For Appeal (Please substantiate the request by answering the fol/owing 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.
B. Please explain why you need the variance
without a variance(s)? Please be specific y
out in the zoning law? Is the requested area
in detail, why it is not substantial.
C. How big is the change from
variance(s) substantial? If not,
D. If your variance(s) i~~re) granted, will the physical environmental conditions in the
neighborhood or district'{'e impacted? Please explain, in detail, why or why not.
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.
F. Is your property unique in the neighborhood that is needs this type of variance? Please explain
your answer in detail.
4. List of attachments (Check applicable information)
( ) Survey Dated
Prepared by
, Last Revised
and
() Plot Plan Dated
() Photos
() Drawings Dated
MLetter of Communication which resulted in application to the ZBA.
(e.g., recomfJJf=ndation fro~ the Planning Board/Zoning Denial)
Letter from '-- ~.() tt rI- ~ -D Dated:
Letter from Dated:
/udiM 2~ lY!-
,
() 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
/ll~r C~ .~
(Appellant)
~C~
(If more than one Appellant)
DATED:
f/z~Y
~~~NATURE
,
DATED:
I
TOW022.ZBA-AA V (4-03 Rev) 3 of 4
.~
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No.
.
FOR OFFICE USE ONLY
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 Varianc~
Appeal No. 04-7?lR
FOR OFFICE USE ONLY
1. The requested variance(s) ( ) WILL / ex) 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) / ea9 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) Q09 IS{ARE) / ( ) IS{ARE) NOT substantial.
4. The proposed variance(s) ( ) WILL / (X) 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 / (X) 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 Appea1~ h~~ vo~pn ~o gT~n~ ~hp ~rrl;~~nt ~ 10 foot~ea~ Y~rd
variance in order to in~t~ll ~ 77 foo~ A~ pool ~hp ~rr1;~~n~ n~~d~d 30 feet to the
~~~r and could only provide ~O. fpp~ This;; giues;; the arpH~~n~ ~ 70 foot re~r yard
to thefls91.
The s;;ec:oud uari au<,e' r~'1t1E'Sl~ptl FnT ~ ? Fnn~ cd np y~rn lAT~~ no longer needed aR the
applic:aut ha~ agreed to mou~ ~h~ pnnl in ? Fpp~ frnm ~hp ~idp_
( X) Findings & Facts Attached.
DATED: April 28, 2004
ZONING BOARD OF APPEALS
::~GE7~
(Chairman)
PRINT: VI e-r; i<!- ;:-4~ Lie L C
TOW022.ZBA-AA V (4-03 Rev) 4 of 4
A. It will not have any impact on the neighborhood or nearby property, for the simple reason that this pool
will be located in the left backyard of the house where small fence and trees will be provide for privacy.
B. I try to locate the pool in a spot where the sun hit it and it will not be in the way of my kids when they are
playing in the backyard One of my biggest problems is that I do not have a lot of property in the back and
my family is big for a smaller pool.
C. To the side of me is not much only two feet of a change, however, from the back I have and I need.
D. I believe it wills not, most of the houses in this neighborhood already had a pool in their backyard.
E. I have a small peace of property in the back and the size of pool we want is a little too big for 15-40
variances you guys requested. I might be able to get the 15-40 variances ifI put the pool against the house,
but I do not think that will be a good idea.
F. I believe this property is no different than rest. It just happened that we need the space in the back.
~/ .
" I F'PECT
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3.PROJECT LOCAnOI~: ( ,
Municipality J-\-- \ V\J \ k\ LV
4. PRECISE LOCATION: Street Addess and Road
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
C'1.
SEQR
10 NUMBER
PART 1- PROJECT INFORMATION
1. APPLICANT I SPONSOR
O-~
(
County
Intersections, Prominent landmarks ete - or provide map
5. IS PROPOSED ACTION:
D expansion 0 Modification I alteration
6. DESCRIBE PROJECT BRIEFLY:
7. AMOUNT OF LAND AFFECTED:
Initially acres Ultimately acres
8. WILL PRO~~ ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
DYes M No If no, describe briefly: ~
,,\ e e"'\ \.11'), r- I ^ ;.,...., d. :2. I --\-0 e.. ~ \ d ~
N -\./\ ,Ivv ~ f I~ t 0 I -\-0 't-h y C'tLf
9. W PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
Residential 0 Industrial D Commercial DAgriculture D Park I Forest I Open Space
D Other (describe)
1~0. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENC (Federal. Slate or Local)
es D No If yes, list agency name and permit, I approval:
11. DOES ~ECT OF THE ACTI N HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
DYes L:.J'~ If yes, list agency name and permit I approval:
F PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION?
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Date: fh j.
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
TATIANA LUKIANOFF
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";,.~SS C()~;/.
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 26, 2004
TO: Mr. & Mrs. Martin & Maritza Cuevas
41 Wildwood Drive
Wappingers Falls, NY 12590
Grid# 6258-01-048647
Dear: Mr. & Mrs. Martin & Maritza Cuevas,
Your application # 22192 for a permit for an above ground pool 27'
round is hereby DENIED on the basis of Section: 240-37 of the Town of
Wappinger Zoning Law, which stipulates:
".:.Sl.,
'. I~.-15 ZONING DISTRICT has a side yard setback of fifteen feet (15')
and a rear yard setback of thirty feet. (30') you provide a side yard
setback of thirteen feet (13') and a rear yard setback of twenty feet
(20'). .
You have the right to appeal this decision to the Zoning Board of Appeals.
The required forms can be obtained at this office.
YOU~
Susan Dao - Deputy Zoning Administrator
TOWN OF WAPPINGER BUILDING DEPARTMENT
APPLICATION FOR BUILDING PERMIT
N~@
APPLICATION TYPE: ~ential
o Commercial
o Multiple Dwelling
ZONE: .~~-I';
Application # - - [ <9 2-
Permit #
APPLICATION FOR:
APPLICANT ~E:
ADDRESS:~,f; ~ -cD cJ F AJ'
TELEPHONE NUMBEI~iie'73".... {f L/ 7 '-/ TYPE OF STRUCTURE:
: '1~1 ~509 7
OWNER OF BUILDING/LAND
NAME: (I fA C J.k~
ADDRESS:
TELEPHONE NUMBER: .. -
\...
t-:111flk~~
BUILDERlCONTRACT~OING WORK
COMPANY NAME:
ADDRESS:
CONTACT PERSON: NAME: ~- G fs r TITLE: !)per-. r'YlJ V J
J J~) - -1Z- fA
FRONTYAROSETBACKS: ~ REAR:~~EYARD: I~: SIDEYARD: &LIft
SIZE OF STRUCTURE: ;J -7 '.--11" MeA.. S"2' '1/ TYPE OF USE: ~ fA(~
ESTIMATED COST: tb /500. - /;
GRID# &:zsfi-~I ~ oLlr~Cf7
DATE RECEIVED: '-, ~ ;( ~ - 0 y
ESTIMATED VA~LU~ .,... ~
PERMIT FEE: .~
PAID FEE ON ~ d- C /'()Y CHECK # /3/0
L/3L/~~ 50/
.
RECEIPT #
A ;;2;z17'~
APPROVALS
ZONING ADMINISTRATOR
o Approved ero;~ied DATE: r26.~()r'
LaVtJw--!J~
,
FIRE INSPECTOR
o Approved 0 Denied DATE:
/ilL ~_/-=
Ignature of Applicant
Signature of Building Inspector
WHITE - Applicants Copy YELLOW - Office Copy PINK - Assessor's Office Copy
TOWN. OF WAPPINGER
ij ;LJ (q J.. PLOT PLAN
BUILDING PERMIT # . DATE '-.3 -;20 - 0 4
LOCAnON N S
SIDE
E W
HOUSE NUMBER 1i L{ / LOT NUMBER REC. VOL. PAGE
OWNER OF LAND c.it f~ f-11')6'~~" ,
~ CORNER LOT.~h1..{Jv\..Z NE ~2d-f4.-'S-
I A-(r; POOl.- r17?<, 5;;1 If!h;jA./JJo ab3k
STREEVA VENUE
T
- - - --
Rear Yard
ft.
Sideyard
Sideyard
.
.
ft.
~
Q,
CI
CI
""0
.=
DENIED
Zor--J 1\IG ADMINISTRATOR
Set Back
ft.
Neared Street
ft.
ft. frontage
1
Nearest Street
~
It.
,
,
,
,
,
,
,.
"
"
"
;'
INDICATE LOCATION of WELL and SEWAGE SYSTEM
and THE DISTANCE of EACH FROM HOUSE
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U/1~
STREET
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,
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Marie North Point
Information
Supplied by
LAf//L~ (/4
61t.o- /':...,~_.-
TOWN OF WAPPINGER
P.O. Box 324 - 20 MIDDLEBUSH ROAD
W APPINGERS FALLS, NY 1 2590
Building Department
Office: 845.297.6256 IV Fax: 845.298.1478
www.townofwappinger.us
Application for Building Permit
Application Type:
( {Residential
( ) Commercial
( ) Multiple Dwelling
Zone:
Application #
Permit #
>>> YOU MUST CALL A MINIMUM OF 48 HOURS PRIOR TO INSPECTION <<<
Owner of Buildina/Land:
Name:
Mailing Address:
~
./'
/'
Telephone:
Telephone:( ~ <liS- )2y>-.::;r- <;;sol
Title: O;y'.(rCLt~JtJC; /Ur;.~,,-jPlr
,
Setbacks: Front Yard:
s'
Side Yard:
Size of Structure:
Estimated Cost:
Grid #
Date Received:
Fee Paid On:
Any Bal. Due Pd. On:
Type of Use:
Estimated Value:
PERMIT FEE:
Receipt #
Receipt #
Check #
Check #
Approvals: Zoning Administrator Fire Inspector:
( ) Approved ( ) Denied Date: ( ) Approved ( ) Denied Date:
Signature of APplicant:. ~~ ~dd e~
Signature of Building Inspector:
TOW031.BD-ABP (7-03 Rev) I of I