05-7269
.'
TOWN OF WAPPINGER
ZONING BOARD OF APPEALS
August 25, 2005
To: Chris Masterson
Town Clerk
77"~. ..(f!'()~"'~'./'~' ..A.P;:~.~~",....\'1
!;~ .,,, ~~.\
/,0 "''1)\
lit- . . \
"o'~a'i>
Ie::.. '.~
....,,'. . ..lo.-
,~~
~~SS CO",.
~.//
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: Winona Kutz
Appeal No. 05-7269
Attached you will find the original Application/Decision & Order
for Winina Kutz, 319 Myers Corners Road., Wappinger Falls, NY.
I would appreciate it if you would file these documents.
Attachments
cc: Mrs. Coburn, P.O. A.
Zoning Board
Town File
Town Attorney
Building Inspector
Zoning Administrator
SUPERVISOR
JOSEPH RUGGIERO
TOWN COUNCIL
VINCENT BETTINA
CHRISTOPHER J. COLSEY
JOSEPH P. PAOLONI
ROBERT L. VALDATI
RECEIVED
SEP 7 - 2005
TOWN CLERK
~'
/ .
TOWN OF WAPPINGER
P.O. Box 324 - 20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
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 # () E - ;-; 2...&,q
Dated: ~ \d~ 61 2J;{J6
TCTHE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
~I
residing at
~ ~- "-4~ (phone), hereby appeal
to the Zoning oard of Appeals from the decision/action of the Zoning Administrator,
dated ~Ul.j -a , 200 6, and do hereby apply for an area variance(s).
~~m~~~ ~ocat~~ ~g~"I~k'1,~~ CDcr-er=.~'
Zoning District ~~ _ 0
1. Record Owner of Prop~rty le-;,Ie~ \l{Lno~z.:
Address D\q~Mll€~ Gte _&Q r~~
Phone Number - ~l_ - fl
Owner Consent: Dated: ;-15-05 Signature: LQ.toD -A, ('nhtllN) '"P.O.",^-.
Printed: enrol A. LL'""\hlU-f)
I(We),
. ,
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.
~~b'-37
(Indicate Article, Section, Subsection and Paragraph)
Required: ~6 reet- 40 ~ide \JCl V-O
Applicant(s) can provide: '22 -Fek '
Thus requesting: ~ ~Pe.J-
To allow: {~ree..n'r--,nl J 1"5-: .
TOW022.lBA-AA V (4-03 Rev) 1 of 4
/
Town of Wappinger Zoning Board of Appeals
i Application for an Area Variance
Appeal No.
0.2
y.. apply to the Zoning Board of Appeal
s"'otj;he Zoning Code.
r a variance(s) of the following
(Indicate Articfe,
Required:
Applicant(s) can provi
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.
~hi~?'1~f~CI~~~ (k ~n'-~ r~'
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.
~ . ~ " I-
~~~~_ _~~~~~~00O-
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.
::::K1:-&~nnpf'('t", ~~"e.d. ib ("'C\- ~cl.o~ I'r\- b <'m~)-
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.
J~,~~~l~~~~~~f\ ~\~J~~)<-
\~\I\ .~ tJPa~.
TOW022.zBA-AA v (4-03 Rev) 2 of 4
Town of Wappinger Zoning Board of Appeals
i 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.
~~r~t~~ ~ ~~~~~~40'*'e
4. List_of attachments (Check applicable information)
( ) Survey Dated
Prepared by
(~Plot Plan Dated
( ~hotos
, Last Revised
and
to. d.t-66
() Drawings Dated
() Letter of Communication which resulted in application to the ZBA.
(e.g., recommendation from the Planning Board/Zoning Denial)
Letter from ~u.~n~ '"'Da.o _ Dated: l.c. 2G. t:::6
Letter from Dated:
() 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
C\n..l n~ J ~ e DbLLl/\O
(Appellant) --po 0, A.
DATED: f)\ -010 -05
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. 05-7269
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 ( ) 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) / (X) 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 (X) IS / ( ) IS NOT self-created.
6. The property ( ) IS / (iJ 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:
The Zon1ug Board of Appeals has voted to grant a side yard variance of three feet
for a greenhouse. Where the code states that 25 feet to the side is required,
tpE' "ppJ; f'"nr ('c\111d nul y pn;mide 22 fililt.
( x) Findings & Facts Attached.
DATED: August 25, 2005
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY:~ / -7a~J
(Chairman)
PRINT: \/lc101f l. _ r4Nu. If t.E
TOW022.ZBA-AA V (4-03 Rev) 4 of 4
PART 1 . PROJECT INFORMATION
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
~~~
D~s
SEQR
'j PRQJECT ID NUMBER
5. IS PROPOSED ACTION: 0 New 0 expansion
6. DESCRIBE PROJECT BRIEFLY:
odIficatiop/ alteration
A J' ').. B' tJ'CeeJ'\ hOLL~
.ed 40 ~ cf^("~'
bu.Ut- ~ ~ '1D'~ ~
I
7. AMOUNT OF LAND AFFECTED: 0(0 q,
Initially acres Ultimately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
Oy.. [g/No "no,.""'bebrielly. --10 d05e -to -::,~ 'fv-d b8 f!}',
~!?,T IS PRESENT LAND USE IN VICINITY OF PRO.JECT? (Choose as many as apply.)
~ Residential 0 Industrial 0 Commerclal DAQrlculture 0 Park / Forest / Open Space
o Other (describe)
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (Federal, State or Local)
Dyes ~ If yes. list agency name and permit / approval:
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
DYes ~o If yes, list agency name and permit / approval:
LT OF PROPOSED ACTION WILL EXISTING PERMIT / APPROVAL REQUIRE MODIFICATION?
No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
-1\.
Date:
l/es/05
Applicant I Sponsor Name
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
~~C-____
~~O~ ~A~
~/.'....!.'. ...--._' :--~_}~..rr.-...\
1"'0\. ~--- .' 'I>:)
(\c .;~
"~\~ ,."".
"(\L~ '. A..-;'
"~~~ - <v~~
~".s s cO :/
---~-~~
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: June 29, 2005
TO: Lester & Winona Kutz
319 Myers Corners Road
Wappingers Falls, NY 12590
Grid# 6358-01-220588
Dear Mr. & Mrs. Kutz:
Your application # 23476 for a green-house 7' x 8' is hereby DENIED on
the basis of Section: 240-37 of the Town of Wappinger Zoning Law, which
stipulates:
R-40 ZONNING DISTRICT has a side yard setback requirement of twenty
five feet (25') and you provide a side yard setback of twenty two feet
(22').
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.
Yours truly, r.
.~)AJ
Susan Dao - Deputy Zoning Administrator
.,
'...........
'.. '
. .
. .
.
TOWN OF WAPPINGER
PLOT PLAN
....... ...... ...........
· INSTRUCTIONS ·
: (1) DRAW structure where you intend to place it. :
. (2) LABEL dimensions. .
. (3) LIST how far the structure is from house and ·
· also the setbacks from structure to your ·
. I' ·
. property Ine. .
........................
APPLICATION #:
BUILDING PERMIT #:
GRID#:
OWNER OF LAND: ~~r 8 WinolYl ~LLtz.....
[INTERIORjOR CORNER LOT:
DATE: 1..0; 21.05
lONE: KL(O
./
.34~1 '6"
ft. -Wi
~"
~~
22'
1461 "
\l~B"
.
ft.
.
HOUSE
fC
Side Yard
25 ft.
Side Yard
0-
o
o
Cl
~
T
Front
Set Back
DENIED
ZONING ADMINISTRATOR
~
V
ft.
ft.
Nearest Street
~ &:> ft.
~dC\e 40 ?Y'Cl~~
200
ft. Frontage
1
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
INDICATE LOCATION of WELL and SEWAGE SYSTEM
and THE DISTANCE of EACH FROM HOUSE
, ,
, ,
, ,
, ,
, ,
, ,
, ,
, ,
HOUSE # and STREET: @ Iq) B2.~e~ G\Y"~ 'l)d.
Signature of Applicant: ~.o..J dA. Qilil..t1.J)l)
v,a.7\-.
White - Applicant's Copy Yellow - Office Copy Pink - Assessor's Office Copy
Mark North Point
ZONE: t Va DATE: 6/91/6J"
APPL.#: 0I3V-7&J PERMIT #:
GRID #: 6 ~(f .; 0/- 2;JcJ 5~f - OJ U
APPLICANT,NAME:{}uu(tJ. ~/!dA &qlu.. { IdnJU L~
ADDRESS: ~:;~~ 3;t I (5,C{ J ;7Uf~S ClJl~ ;tJ--
TEL. #: ,;tCiJ...1<1vcj CELL #:.1D:3 ,.'Jl/6'-II.S'i FAX #: .- E-MAIL:-
NAME OWNER OF BUILDING/LAND: k<k,- {'ItA /)~)u'2.. J:a 6
ADDRESS: ~
TEL. #: { , r.; #: FAX #: E-MAIL:
BUILDER/CONTRACTOR DOING WORK:
COMPANY NAME:
ADDRESS:
TEL. #: CELL #:
DESIGN PROFESSIONAL NAME:
TEL. #: CELL #:
, .
~~' w~~;7"
r ~~"." ~."'~"~
';S,'! ,< ~~~\\
lil-! ", \1,
" "j
','o"~">'
,c:.\~~l
.".....~" ' ~"."
(\~._ ',/ "'i
. ~ss cO~~~
APPLICATION TYPE:
o New Construction
./
~enovationl Alteration
APPLICATION FOR:
N~ 23~
TOWN OF WAPPINGER BUILDING DEPARTMENT ((J!9If
APPLICATION FOR BUILDING PERMIT
~idential
o Commercial
o Multiple Dwelling
CONTACT:
FAX#:
E-MAIL:
FAX#:
E-MAIL:
SETBACKS: FRONT: ,5tJ I REAR:
SIZE OF STRUCTURE: '7 X' c:f'"
ESTIMATED COST: 4 ~D _ ..--
NON-REFUNDAjlLE APPL. FEE: ~
ftft.a ~~() 7.
R-SIDEYARD: 9;2 I
I .
::1.i/1 j I ~
)'(-[1:' 5 L-SIDEYARD: 170 f
TYPE OF USE:
PAID ON: '""21-(1; CHECK #: s- as RECEIPT #: /:;s:c;3f-
PAID ON: CHECK #: RECEIPT #:
FIRE INSPECTOR:
o Approved 0 Denied Date:
Signature of Building Inspector
Signature of Applicant
update 5/05
i .