04-7220
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TOWN OF WAPPINGER
ZONING BOARD OF APPEALS
July 28, 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: Tracy Martin
Appeal No. 04-7220
Attached you will find the original Application/Decision & Order
for Tracy Martin, 6 Russet Lane, Wappinger Falls, NY.
I would appreciate it if you would file these documents.
Attachments
cc: Mrs. Martin
Zoning Board
Town File
Town Attorney
Building Inspector
Zoning Administrator
RECE\VEO
AUG 0 3 200~
TOWN CLERK
SUPERVISOR
JOSEPH RUGGIERO
TOWN COUNCIL
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOlONI
ROBERT L. VAlDATI
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TOWN OF WAPPINGER
P.O. Box 324 - 20 MIDDLEBUSH ROAD
W APPINGERS 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 #
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Dated:
ap^_~o 20: :;lCO;J
TO TH~NG BOARD OF APP~ALS, TOWN OF WAPPINGER, NEW YORK: . .
Y\r( e), reSidin~at_-zi1-J&:i~Sd Li/i)t
I ~ i .'- . , &J5 - (phone), hereby appeal
to the 0 in oard of Appea!~ from the decision/action of the Zoning Administrator,
dated , 200.:1:., and do hereby apply for an area variance(s).
Premises located at
Tax Grid #
Zoning District
00
Sign~ture: J. ~~~
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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.
e:>2*' ,~ '1
(Indicate Article, S~ctiJln, Subsection pnd Paragraph) .
Required: 40 ~:ifc.vL (/\..
Applicant(s) can ~de: rf-\~~fl ~
Thus requestiJlg:. ' \f. I. ( . t~+~ (). r~
To allow: - " U [lo -x. .(;l()"-6 001- ~ -
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TOW022.zBA-AAV (4-03 Rev) I 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 ning Board of Appeals for a variance(s) of the following
requirements of the Zoning de.
Required:
Applicant(s) can provide:
Thus requesting:
To allow:
Paragraph)
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.
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lot n( ~Ml\f(,
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
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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 ning Board of Appeals for a variance(s) of the following
requirements of the Zoning de.
Paragraph)
"
(Indicate Article, Se tion, SfJbs
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.
thfV~ctl/ ~
thll.n~ 1\ net
nOr ChdJ13t
bt ()(~Vl.-
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.
~~'m~o.-tllY) ~ Ol:t (~~ ~. ~ l\y I'S ()jYflllhj
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.
"lhl ('~n m~ I ~ (A'~hLbC-Lt.
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
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A
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.
AI" . IA_
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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 , Last Revised and
Prepared by
( ) Plot Plan Dated
( ) Photos
( ) Drawings Dated
j/Y Letter of Communication which resulted in application to the ZBA.
(e.g., recom endation rom the Planning Board/Zoning Denial)
Letter from Dated:
Letter from Dated:
tJ- It ~/t; I-
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() Other (please list):
5. Signature and Verification
Please be advised that no application can be deemed complete unless signed below.
'.. ~ T~::~:~ca)Y~S;:I:~r~ation given is accurate a::::: d~ ::r;~on.
jJ (Appel ant) - I
SIGNATURE DATED:
(If more than one Appellant)
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 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 Variance
Appeal No. 04-7220
FOR OFFICE USE ONLY
1. The requested variance(s) ( ) WILL / (X) 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 (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) (x) IS(ARE) / ( ) IS(ARE) NOT substantial.
4. The proposed variance(s) ( ) WILL / ex) 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 be) GRANTED () DENIED.
This matter having come on before us for a public hearing which closed on June 22, 2004, after
Conditions/Stipulations: The testimony was given by the applicant, Tracy Martin and Renato Pistolesi, concerning a variance
of the Boa rd as pa rt of the actio sought for the following relief:
A variance for a rear yard setback of eight (8) feet for the construction of a sixteen (16) by
twenty (20) foot shed;
and this Board having inspected the premises; and the following votes having been cast:
Mr. Warren: Aye. l1r. DellaCorte: Aye.
Mr. diPiern~: ~.Aye. Mr. Fanuele: Aye.
Mr. Prager: Aye.
The variance is hereby granted subject to the following conditions which must be satisfied within
40 days of this date:
(X) Findings & Facts Attached.
DATED: July 27, 2004
1) With regard to the front landing of the house, which was altered, the building
inspector must inspect the alterations and find that they comply with any applicable state and
local codes; and
2) With regard to the two outstanding Town of Wappinger building ordinance violations
upon which the applicant has been found guilty, and consistent with section 240-12 of the Town
Code, she must satisfy any sentence imposed by the Town of Wappinger Justice Court within the
prescribed period.
BY:~ ,/-h~~
r (Chairman)
PRINT: VI G70 j( J, r ItN Li E L /::--
TOW022.zBA-AA v (4-03 Rev) 4 of 4
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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
PROJECT 10 NUMBER
County
landmarks ete - or provide map
s~
5. IS PROPOSED ACTION: .~ New D expansion D ModIficatiopl alteration
6. DESCRIBE PROJECT BRIEFLY:
Shed
7. AMOUNT OF LAND AFFECTED:
Initially acres Ultimately acres
8. WILL ,PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
~es 0 No If no, describe briefly:
~~s PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
lS::J'Residential 0 Industrial D Commercial DAgrlClJlture 0 Park I Forest I Open Space
o Other (describe)
SEQR
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
~NCYederal, State or Local)
l.d"'"es 0 No If yes, list agency name and permit I approval:
11. DOES ~~~ OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
DYes U::::JM> If yes, list agency name and permit I approval:
OF PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION?
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Si
Applicant
Date:
/ If the action is a Costal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
.
TOWN OF WAPPINGER
ZONING ADMINISTRATOR
TATIANA LUKIANOFF
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~~SS COV.d
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: April 15, 2004
TO: Martin Tracy
6 Russet Lane
Wappingers Falls, NY 12590
Grid# 6258-04-539152
Dear: Mrs. Martin Tracy,
Your application # 22225 for a permit for a shed 16' x 20' is hereby
DENIED on the basis of Section: 240-37 of the Town of Wappinger Zoning
Law, which stipulates:
R-20 ZONING DISTRICT has a rear yard setback of forty feet (40') and
you provide a rear yard setback of thirty two feet (32').
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, /7 i/-j
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Susan Dao - Deputy Zoning Administrator
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TOWN OF WAPPINGER BUILDING DEPARTMENT
PHONE:, (845) 297-6256 .
FAX.: (845) 298-1478
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/ ' APPLICATION FOR 8UILDING PERMIT
APPLICATION TYPE: '.JIJ RESIDENTIAL ,ZONE: , ,
[ ] COMMERCIAL APPLlCA nON # IJ ~p ;;;?;;2 ~.r-.
[ ] MULTIPLE DWELLING PERMIT #
>>> YOU MUST CALL A MINIMUM OF 48.HOURS PRIOR TO INSPECTION <<<
. , .
APPLICATION FOR (TYPE of work): 2 COPIES OF DRAWINGS; C'STAMPEDII PLANS IF PROJECT-
NEEDS TO BE ENGINEERED OR IF PROJECT IS OVER $20,000.00) ~ IX Z 0 'StJ 6L
btU IL\f\A)Od ~{d~nD tJ.t.Lj:r'IL-
. >APPUCANT/NAME: (PE'R~ONP~YSlqALL Y COMING 'IN TO APPL Yf:'~
ADDRESS OF JOB SITE: L~SSLLLtI.i)L\A.Iil.f~') ~" , ' .
TELEPHONE NUMBER: 'd ~~q oc1' , TYPE OF STRUCTURE: Shfu\
>OWNER' OF BUILDING/LAND:'
NAME:
" MAILlNGAD,DRESS:'
TELEPHONE. NUMBER:
S CU11 L-
~ >BUILOERlCONTRACTOR DOING WORK:
,COMPANYINAME, .:\l,Lt" '
", ADDRESS: . " .
PHONE:
'.l .
",) CONTACT PERSONINAME:
, ,
{ SETBACKSl FRONlYARo: ~ REAR:
, '~; SIZE OF S'!RUCTURE: 'Ui" 7'0'
: ESTIMATeD COST: 3;;)0 ()
,,: :GRID# .
.. ,
;; DATE RECEIVED:,
: FEE PAID ON:
. ',: ANY B~ DUE PO ON:
TITLE:.
"'3~s~:sY~:' ,40 L.tf-\"SIDBY.ARD: '~L\ l\~hl ,
TYPEOi=USE:~'
ESTIMATED YALUE:
CHECK #
CHECK #
, >>PERMIT FEE:
, REQEIPT #
REceIPT # '
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S~TUR F PL/CANT
TOWN. OF WAPPINGER
PLOT PLAN
/J'lDING PERMIT #
LOCAnON N S
E W
HOUSE NUMBER~ LOT NUMBER .
OWNER OF LAND~a 4--f4u:tln
INTERIOR OR CORNER LOT
. DATE
4/,g.(otf-
SIDE
I
STR E EVA VENUE
REC. VOL.
PAGE
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ZONE
;<-to
------ - - - ---
~ ~i .( . tJ'I F
ear Yard >
() ft. '
Iff ~
,99
Sideyard HOUSE Sideyard
3D ft. ~r_-;
f- . ~4!).~ .
Q.
CI T
CI
~
.=
3~et Back
.~ _ft.
Neare.t Street lOb .. '> 1 Nearest Street
ft. ft. frontage J'l'1 ft.
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INDICATE LOCATION 01 WELL and SEWAGE SYSTEM
and THE DISTANCE of EACH FROM HOUSE
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STREET
Marie North Po'nt
Information
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