05-7285
1
TOWN OF WAPPINGER
ZONING ADMINISTRATOR
TATIANA lUKIANOFF
February 28, 2006
To: Chris Masterson
Town Clerk
ZONING DEPARTMENT
20 MIDDlEBUSH ROAD
WAPPINGERS FAllS, NY 12590-0324
(845) 297-6257
FAX: (845) 297-4558
RECEIVED
MAR 0 8 2006
TOWN CLERK
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: O'Connor Subdivision
Appeal No. 05-7285
Attached you will find the original Application/Decision & Order
for the O'Connor Subdivision, 335 Cedar Hill Road, Wappinger Falls, NY.
I would appreciate it if you would file these documents.
Attachments
cc: Mr. Thomas O'Connor
Zoning Board
Town File
Town Attorney
Building Inspector
Mr. Joel Hanig
Planning Board
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
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 #
05- 1tf{g6
Dated:
10-ll~0!5
TO'THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I(we),'1JaDhYl&?'> II O{owNt1V' residing at J3>tedf.tr jJ,'iI/fJ Ml/fiR/jer.> till ~~
/2.5"'10 - ("')C,viv/~1e , i'l5-tiJ...-176?7 (phone), hereby appeal
to the Zoning Board of Appeals from the decision/action of the Zoning Administrator,
dated ~ c/OT 2..2-. 200 S, and do hereby apply for an area variance(s).
Premises located at :?:5 S C"2::1?~ ./?LL-Il:/
Tax Grid # /9' - .6::;l.s6~ CV - ~7,J 7 ~
Zoning District .12 - yo
1. Record Owner of Property -rAm J!}S
Address ..:.ti'.s Q-"v~ /;L/J-L ~D
Phone Number1!.?S - -..L..2.6..:.3
Owner Consent: Dated: /o//~/n...~
t/ 0 bAltJiJ 12-, "
\.,,( /Ap~A.6~~ ~ pt.y",
Signatur~tJL
Printed: ~m~ t/.. nICo,vA./()L
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.
02J 7-.2) LJ /J-s pL:?f- A-r777C//c?:J
(Indicate Article, Sect jon, Subsection and Paragraph)
Required: ,~,-. <:::Z-$ N d
Applicant(s) can provide: .4'~Fc'IL ;;Z::;.teONJ7'fg&::- , /J.
Thus requesting: UJtheIJ1rVC 6~ yc:> bA./J}::'tL. O~ _~i/.1ra ,t?1J4t'tJTJ1tA/AlJ f4?J;fr::J
To a 119)"1: ~C:Cb-:>~ 1'5A17V L:::- xl s}?1f./G ,,~;;&jJ/A,J;E:.. m /17 /i/ 77'frA/L-tO
/idL_~ -
TOW022.ZBA-AAV (4-03 Rev) ) of+
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Town of vyapplnger Zoning Board of Appeals
.' Application for an Area Variance
Appeal No.
Variance No. 2
reWe) 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 (PJeasesubstantiate the request by answering the follow;ng questions in
detail. Use extra sheet, if necessary):
A. If your variance{~ is(.......) granted, how will the character of the neighborhood or nearby
properties change? Will any of those changes be neg:ative? P1e?lse explain your answer in detail.
~~
B. Please explain why you need the variance(s). Is there any way to reach the same result
without a variance(s)? Please be s'pecific in your answer.
-5~~ IlJ77lQ/6)Q ;,LL:-7ll::- ~
~;tT~~ ~ . ~,.I~
;z::i2oyt1 20M/Me, /hJ,1J/,1J6~ #/Of... : #-.:5fJ
......d--- ./
6.~
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.
~~I~::-~~'50ff:7' A;.t#~#,~_O~ ,~
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.
No
TOW022.ZBA-AA V (4"{)3 Rev) 2. of 4
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Town of vyappinger Zoning Board of Appeals
, Application for an Area VarIance
Appeal No.
E. How did your need for an area varial1ce{-e) come about? Is your difficulty self-created? Please
explain your answer in detail.
.Llj 1&.- . '70
- /!.O/ r.!1 r<'" J
~
f' ~ po<;. L:;.r:J 5aJA/Jltll ~/c) v./ Avo
/S Ah -r -5~ - Ct2.L=~y:::J
rI #J 1fV,-L:
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)
(~urvey Dated A(~~;l<.oS ,last Revlsed5".1'T-
Prepared by -h--~-:J C LS,jIl!C k fL-
( ~Iot Plan Dated ~<(C~Mlv/$;O/J /Y2t1Y" .
L1J$tc.~ /./ ~ 'S
;J.; .:fvS and
,
() Photos
(v{ Drawings Dated :Vf!L)/() J5~~ttJ A1~ -I/J~J/, /.; :)L.JO S
(~ Letter of Communication which resulted in application to the ZBA.
(e.g., recommendation from the Planning Board/Zoning Denial) .;1~ -"1-......s
Letter from -Z, f) ... Dated: 5~pr / ~
Letter from /lc;/~ ~. ~~G;? . Dated: OG-T- t>;, '3do:S
(v( Other (please list): . ~ -.L)b7:::JO-..t::)OG "'I .;);J..0CIf - ;t7pG,.
5. Signature and Verification
Please be advised that no application can be deemed complete unless signed below.
The applicant hereb states that all information given is accurate as ofthe date of application.
--"
DATED: /o/!S /os
"
SIGNATURE
SIGNATURE
DATED:
(If more than one Appellant)
TOW022.zBA-AAV (4-03 Rev) 3 of4
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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 / (x) WILL NOT produce an undesirable change in the
character of the neighborhood.
( ) YES I ex) NOt Substantial detriment will be created to nearby properties.
2. There ( ) IS(ARE) / (X) IS(ARE) NO other feasible methods availabfe for you to pursue to
achiev~ the benefit you seek other than the requested variance(s).
3. The requested area varlance(s) ( ) IS(ARE) / (x) IS(ARE) NOT substantial.
4, The proposed varlance(s) ( ) WILL I (x) WILL NOT have an adverse effect or impa~ on the
physical or environmental conditions in the neighborhood or district.
5, The alleged difficulty <x) IS I ( ) IS NOT self-created.
6, The property ( ) IS / (x) IS NOT unique to the neighborhood.
Conclusion: Therefore, It was determined the requested variance
Be ex) 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 variance for access to a paper
road for a 2 lo~ subuivision with the following conditions:
. ne s ti ac or maintenance reementthat is si ned b all the ropex:ty
~:~~'~ ~n ~o~~:o~::a~;~~d
? A f 1 i . f~~t.X ~n f~~t i~ conRtrncted in addition to the
::~:::~~ .
Th9__ _____~, nTH' "'r.n,,' rl hO m<>t- "'c> '" "nnrli t-i.nn nf n""ring t-np ml'lp fi 1 pi!
(x) Findings & Facts Attached.
DATED: February 28, 2006
BY:
. PRINT:
TOW022;ZBA-AA v (4-03 Rev) 4 of 4
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SEQR
"".. . .~~.
]
617.20
APPENDIX C J
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
(To be completed by ^ pllcant or Project Sponsor)
2. PROJECT NAME SJ,SaV1.5/or-rJ Fe::>.f:...
~t'Y11J"<S l/~ 0 'COpu,vo
-LJUJZ/f6.-:5 S.
[ ~ECT ~ NUMBER
PART 1. PROJECT INFORMATiON
~. APPLICANT / SPONSOR (
77ftr>1/J 5 (/- 0 GOIt/(\/OfL
3.PROJECT LoamON:
Municipality --;aUtV [VAr1tltU.b6~ COI.I1ty
4. PRECISE LOCATION: Street Addess and Road IntersectionS. Prominent landmarks ele - or provide map
53S c::ErJ/1fl- /frLL- ~.O /tkJ
~. '),uGb'X-s"- S/ ~y /d-S/D
5. JS PROPOSED ACTION: 0 Expansion DMcdIflcaIlQJl/ alteration
6. DESCRIBE PROJECT BRIEFL V:
$;;M/u/LJ/::;,- ~'J..1577AJ C. d~ '19/
. L-/1N'O / /J ro c:Q ,k; ;5 ,
~'~f::- /~L52-
or-
7. AMOUNT OF LAND AFFECTED: .'\ / /c /
InlUally .2. W / acres Ultimately ~ 7' / / acres
8. ~ROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER
~Yes 0 No If no, describe briefly:
RESTRICTIONS?
~ IS PRESENT lAND USE IN VICINITY OF PROJECT? (Choose a. many as apply.)
L:1 R.e$ldenUal 0 industrial 0 Commercial DAsncultUJe 0 parll r Forest { Open Spacs
o Other (describe)
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATa.. Y FROM A~ OTHER GOVERNMENTAL
AGENCY (F~tate or Local)
Dves c::::INo If yes, list agency name and permit J approval:
11. DOES A~~CT OF THE P.CTION HAVE A CURRo ENTLY VALlO PERMIT OR APPROVAL?
DVes lf1No If yes, Ust agency name and permit / apprOllal:
OF PROPOSED ACTION WILL EXISTI!\IG PERMIT / APPROVAL REQUIRE MODIFICATION?
BEST OF MY KIIIOWLEDGE
t/-
Date:
~
If the action Is a Costal Area, and you are a state agency.
complete the Coastal Assessment Form before proceeding with this assessment
ZONING ADMINISTRATOR
TATIANA lUKIANOFF
TOWN OF WAPPINGER
ZONING DEPARTMENT
20 MIDDlEBUSH ROAD
WAPPINGERS FAllS, NY 12590-0324
(845) 297-6257
FAX: (845) 297-4558
Memorandum
To: Mr. Victor Fanuele, ZBA Chairman
T own of Wappinger Zoning Board of Appeals
CC: Mr. Marco Caviglia, Special Counsel
file ...-t\ ~
From: Tatiana Lukianoff, Zoning Administrator~ r-"
Date: October 18, 2005
Re: O'Connor Subdivision - Appeal 05-7285
SUPERVISOR
JOSEPH RUGGIERO
TOWN COUNCIL
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOlONI
ROBERT l. VAlDATI
As per our discussion at the October 12th ZBA meeting I enclose the following as
background information:
. Copy of my letter to Mr. Barger, dated September 22, 2005
. Copy of the 1991 Court Decision in the matter of Richard Fay
Thank you.
1
...
TOWN OF WAPPINGER
ZONING ADMINISTRATOR
TATIANA LUKIANOFF
SUPERVISOR
JOSEPH RUGGIERO
September 22, 2005
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
Mr. Richard Barger, P.E.
P.O. Box 1781
Wappingers Falls, New York 12590
Re: Thomas O'Connor Subdivision
Proposed 2 lots on 3.069 acres
Tax Grid # 6256-01-457875
Dear Mr. Barger,
I have received your new submission of above referenced project and the attached cover
letter, dated September 22,2005. My recollection is that you were directed by the
Planning Board at their June 6, 2005, meeting to apply to the Zoning Board of Appeals for
a Variance from ~217-21D of the subdivision regulations which states "the area
proposed to be subdivided shall have frontage on and direct access to a street duly
placed on the Official Map, and if such street is not improved to the satisfaction of the
Planning Board, such improvements shall be a condition of subdivision approval. "
Lot #2 of your proposal has frontage only onto Johnson Place, which is a private road.
During the above mentioned Planning Board meeting there were references to previous
variances granted which had allowed parcels on Johnson Place to use said road as primary
access. I have located several files dealing with subdivision applications on Johnson Place
and the respective variances. In the most recent instance, that of the Subdivision for
Richard Fay, the variance granted by the ZBA was a result ofa court-issued directive.
In spite of the fact that there is precedent in regard to access from Johnson Place, the
variances granted were still site specific and not for the entire area or T own. ~ 217 - 21 D is
still part ofthe Subdivision Regulations. Therefore it is necessary that you apply to the
ZBA for a Variance for this particular project prior to proceeding with the subdivision
application.
..
Should you have any questions please do not hesitate to contact me at 297-6257.
Very truly yours,
'Vi%M~Aa~
Tatiana Lukianoff
Zoning Administrator
cc: Planning Board Members
Mr. AI Roberts, Attorney to the Town
Mr. Jay Paggi, Engineer to the Town
Mr. Chris Holme
Mr. George A. Kolb, Director of Enforcement
file
r ",
~~''''~'''''''_~'''~'7=:. ....
SUPREMK COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
FII. [ I)
MJI)
EN r 'If IJ
OU___/~// 1 .. J9;Y
() U I C I J ~.:' s
CO'HI1'{ Clfo';/{
PRESENT: HON. JQMN R. KING, JUSTICE
~-------~~--~----------------~-._----x
. . . ..
- . --' -;. -, ....::J ;', -, )-'---',
"J~-"Ir:.\ ;,-.-
t j,ULJ U, j i \!// L.,.~
:'111 r I r lt~ ..1 I \.:.1 f ;'
.J'!'~__,u ,Iii
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In the Matter of the Application of
RICHAHD J. FAY,
Pet.itionersr
JMI
, .Ii'~!!~,
,3 199t..
For a Judgment Pursuant to Article 78
of the CPL.R, re'versing, annulling
and setting aside a DeCision of the
Respondent.s.
~ ~\ TI
- against ..
ZONING BOARD OF APPEALS OF THE
TOWN OF WAPPINGER, NEW YORK and TOWN
OF WAPPINGER, NEW YORK,
DECISION
1 ndex Nc).
1991/3703
Respondents.
------------~~---~~-~---------------------x
.. .. . . . .
RING, J.
f.'etitionel- ~n t.his Article 78 proceeding is the o~mPr
of a three acre parcel of land located adjacent to a private
road. 8y deed dated November 25, 1986, Petitioner purchased the
properly from his mother. Petitioner's mother had previously
applied for and been granted a variance from Town Law Section 280
a.nd Town of Wappingers Zoning Code Section 412. The cited
sections Lequire that every bUilding lot must have 50. of
frontage along a Town Road. No part tif Petitioner's three acres
fronts a Town Road. The entire parcel is bounded by a priva
tJ. 'nrrJ
"J 1 :j :,/".
road. Petitioner's mother applied for and received a variance
for a three lot. subdivision of the three acre lot. The zord rnJ
ordinance requires somewhat less than one acre (R-40) per lot so
that :-:0 .y'ar iaill,;l::; other t.rIan the access variance was required.
A.fter Petitioner bought the property from his mot.h€:'r, a
neighbor.on the private road sued the Town to annulI the variance
gr <Jntted to Feti tioner' 5 mother. Peti t.ioner. was not made a pal- t y
to that lawsuit. The TOwn entered int~ a stipulated settlement
of the lawsuit which annulled the variance.
Petitioner reapplied for the variance to cover the
thrQe lot subdivision. He was denied. He requested a rehearing.
Th~ rehei.l.t"ing was 9ranted by unanimous vote of the Zoning Boar-d
of Appeals. Public hearings weie held and on June 11, 1991 the
Zoning Doard voted 3-2 in favor of the variance. Pursuant to
Town Law Section 267, which requires a unanimous vote, the
variance was denied.
Petitione~ now brings this Article 78 proceeding to
annul the determination of the Zoning Board of Appeals and t.o
grant t.he access variance for the t.hree lot subdivision.
R@spondent claims that no variance is required for
Petitioner to use his land in a reasonable way and therefore
th~re is no practical difficulty.
Indeed the decision of the
Zoning Board of Appeals dated July 3, 1991 recited this same
language. This is false. Petitioner can not build any building
on his pAoperty without a variance since none of his land abuts a
J ~99}/'
Town Road. Clearly Petitioner has a practical difficulty.
Matter of Fuhst v. Foley, 45 N.Y. 2d 441.
---.... .'...,- ....--_._--_.--~
To say that Petitioner's hardship is s~lf-created j~
d isingenuou:;:;. When Peti t.i~mcr purcha5~d the property it
favored with a variance for a three lot subdivision. It was the
later action of the Zoning Board of Appeals which annulled that
vJriance that caused Petitioner's hardship. In addition, the
hardship is of the kind that runs with the land and is due to lhe
unique character of the land.
Was the Zoning Board of Appeal's decision arbitra~y and
capricious? Only two of the five members voted a9ainst the
varLance. There are reasons set forth in the record of the
public hearing and in the decision. The reasons set forth are a'3
follows:
NOW, THEREFORE, BE IT RESOLVED that this Zoning Board
of Appeals finds that:
1. The property is located in the easterly side of
Johnson Place in an R-40 zone, is not improved by a.
dwelling, and is approximately 3 acres in size:
.!nd,
2. The proposed 5ubdivision would not satisfy the 50
foot road frontage requirement; and,
3. There are a total of five neighboring parcels, four
of which exist by virtue of two previously granted
variances, all of which are serviced by the private
road, Johnson Place, which is approximately 1100
feet in length; and,
4. The previously granted variances to the neighboring
parcels and applicants reSulted in subdivision of
lots, all of which exceed 2 acres in sizer and,
3 19Sv
5.
Previous granted variances were granted upon
Showing of specific hardship and unique
circumstances not limited to monetary loss;
and,
6.
The variance requested is neither necessary
minimum to allow the owner the reasonable
the land in that Lh~Le are reasonable use
would not require any such variance at all
nor the
.., of
ch
i d t
7. The applicant has failed to demonstrate hardship in
that he may apply for a building permit to
construct a dwelling on the property without the
granting of the requested variance; a~d,
B. This Body is not bound to follow erroneous or
improper precedent.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the following
conclU$ions are made based upon the aforementioned findings and
recor.rl herein:
1. The 9ranting of the variance would not be ih
harmony with the general purpose and intent of t.he
Zoning Ordinance of the Town of Wappinger in that
the intended variance Would alter the character of
the neighborhood by creating two lots,
approximately 1.2 to 1.4 acres each, and Which lots
would not satisfy the road frontage requirement;
and,
2. Any alleged difficulty or undue hardship in
complying with the terms of the Zoning Ordinance do
not relate directly to the land but rather would
appear to have resulted from the owner's purchase
of the land from his mother; and,
3. The variance, if granted, would be detrimental to
the public welfare; and,
4. Under these circumstnaces, the requested variance
is tantamount to amendment of legislative intent
and is therefore beyond the province of this Zoning
Board of Appeals; and,
5. Accordingly, even the previously granted variances
to the neighboring parcels and applicants may have
been improperly issued as such are contrary to the
le9islated character of the neiqhborhood.
NOW, THEREFORE, B~ IT FURTHER RESOLVED that a variance be granted
3 '~(\f7V
j. 'Y"I
." ~,
of Section 412 of the Town of Wappinger Zoning Ordinance relative
t.o the aforementioned property on the easterly side of Johnson
Place to permit a subdivision which would also result in less
than minimum road frontage.
Michael HLtkala
voLing
NO
'....k_J: *-__..
'-lIr,:1.LLIIIOIl
.Joel SassQr
Alberta Roe
Alan Lehigh
James Brookel-
voting
voting
voting
voting
YES
YES
NO
YES
The mo tion to gr ant the var i aCice, after rehearinq, as set for th
and based upon the minutes, record, and proceedings heretofore
had herein requiring a unanimous vote pursuant to Section 267 of
the Town Law, failed to carry.
All of the re~90ns so stated are outright wrong. For
example: item ~4" - referring to two acre lots is inappropriate
because the ToWn's own Zoning Law sets the minimum at 40,000
square feet' which is less than 'one acre: item "Sit - the
previously granted variances were granted under almost identical
cir.cumst.ances; it~ms "6" and "7" - some variance is absolutely
nQCOS3ery to build at all;
Item "1ft (second resolved clause) there is no
indication in the record that this subdivision would alt.er t.he
character of the neighborhood and, in fact, there is substantial
evidence lo the contrary [every owner on the street spoke in
favor of the variance): item "2" : obviously the hardship is not
self-created and had nothing whatever to do with Petitioner's
purchase of the land from his mother;
Ilem "3" - there was no evidence of a detriment to the
public welfare in the record;
1. "", '::;";)
,/ '~"~iV
Item t14" ~ a val'Lance is ah...ays an amendment at
legisL';l ti ve intent; i tern II S" - that previous variances wec'
illQgal is directly contr~ry to item "5" in the first resolved
clause which dsfanded the p~~vious variances as different and
"nique.
There is but one conclusion which flows from the
fe)U1rj an<"lysis. The Zont. 9 Board of Appeal 's deci~'
.)1.' t.(ary and capricious. The decision is overruled.
ihp
C1'((,", t.ance5 of this C.;I5e the, c is no point in remandln']. 'I'llc
v;~Lidil,~:e i~ deemed granted. '1'1"',0 variance is a variance of Zoning
()l'din.:n\,..,~ ()f the Town of WnppLjer S':('tion 412 to allow a
31.11;...:..1i. \ .Lon r~f Peti tioner' s prr ,erty into two (?) lots WiF'
. ~ " ',]lnc>t have legal road Ltontage.
Bc: 1 ,J\~ red.
Dated: Decemb~[ 16. 1991
KENNETH M. STENGER,
\'t::tgi lis, Stenger"
266 Hain Street
p . O. 130 x 4 2 2
Fishkill, NY 12524
'(/ ) ~.
{1.11.'L
-~--~:: Actlng 'S: /ljc;
ESQ.
Lucia
GP.LL~RT & CUTLER, p.e.
Attorneys for Respondents
75 Wa~hin9ton Street
Poughkeepsie, New York 12601
"
RICHARD G. BARGER
Lf( 'F,NS/,J)
I'ro("ulOnallc'ngmeer & Land Sun'e},"
Oct. 15, 2005
PO Box 1781
Vllappingers Falls. NY 12590
Tel (845) 297.6555
(845) 297.6566
Fax (845) 297.6565
ZBA
Town of Wappinger
Middlebush Road
Wappingers Falls,
New York 12590
RE: Thomas V. O'Connor variance
217-21D of the Subdivision
Regulations
Attn: Zoning Board of Appeal
Dear Chairperson and Board members:
The applicant, Thomas V. O'Connor has paroposed a 2 lot subdivision
for his property located at 335 Cedar Hill Road. The property in
question has frontage onto Cedar Hill Road and Johnson Place, which
is considered a private road maintained by the residents of Johnson
Place.
Several other privately owned parcel of land have or gain their access
onto Johnson Place, in fact, Richard Fay recently subdivided his
property into two lots and gained access onto Johnson Place as per
court issued directive.
\
I have enclosed a copy of Mr. O'Connor's deed which reserves 25 feet
along the Westerly and Northerly portion of said deed; also, provides
25 foot wide right of way over a strip adjoining the Westerly and
Norther~y~portiQn of said deed. The deed to Mr. O'Connor goes along
the centerline of the Existing Roads, Johnson Place and Cedar Hill
Road. Subdivision map depicts new property 25 feet from centerlines.
At this time Mr. O'Connor is requesting a variance to access onto
Johnson place a driveway location for a proposed lot, At the present
time Mr. O'Connor has a driveway access onto Johnson Place for his
existing dwelling.
Trusting that this letter explains the reason for requested variance.
'r
,.
.
DUTCHESS COUNTY CLERK RECORDING PAGE
RBCORD & RBTURN TO:
RECORDED: 08/05/2004
THOMAS V. O'CONNOR
335 CEDAR HILL RD AT: 15:31:25
WAPPINGERS FALLS NY 125510
DOCtTMENT #: 02 2004 75146
RECEIVED FROM: ANN TARULLI
GRANTOR: TARULLI ANN t\~~
GRANTEE: O..,CONNOR THOMAS V
RECORDED IN: DEED TAX
INSTRUMENT TYPE: DISTRICT: WAPPINGER
EXAMINED AND CHARGED AS FOLLOWS:
RECORDING CHARGE:
TRANSFER TAX AMOUNT:
TRANSFER TAX NUMBER: #000164
E .. A FORM: Y
TP-584: Y
517.00
NUMBER OF PAGES:
5
.U DO NOT DETACH THIS
*** PAGE
*** THIS IS NOT A BILL
COUNTY CLERK BY: MMB /_
RECEIPT NO: R68755
BATCH RECORD: A00041
II11111 ~III ~III Jill 111111111111111 ~IIIJIIIIJlllllIllllll
~J?;~
COLETTB Jr. LAF1JENTE
COw:Lty Clerk
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OKM Doc' 0220047946 pago 1
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,,1I,n.JUS .WMUIt.. INC.. LAW II~ANI( PU.L,SHEII.
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CONSULT YOUR LAWYER IEFORE SIGNING THIS INSTRUMINT-THIS lNSTRUMBlT SHOULD IE USED IY LAWYERS ONLY ,(...
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THISINDEN'nnU:,maclethe Snlclayof August .dIitilllfoIClfoIIl\flt8llK4C 2004 "I.\~
BETWEEN ANN TARULLI, residing at 10 Fenwick Drive,
Hopewell Junction, New York 12533
party of thefirotpart,md THOMAS V. O'CONNOR, residing at 335 Cedar Hill Road,
Wappingers Falls, New York 12590
part,.- of the second part,
wrrNESSETH, that the party of the 6rol part. in conlideration of Ten Donars and other vllllable consideration
plid by the part)' of the _ond part, do.. hereby grant and rele... unto the party of the IOCOnd part. the heirs
or .uCCellors and ..sign& ()f the party of the: leCond part forever,
ALL that certain plot, piece or parcel of lind, with the huildings md !mprovemen.. lhereon erected, eiluate,
Iyin~ and hein~ in the Town of Wappinger, Dutchess County, New York, being
more particularly bounded and described in Schedule A annexed hereto,
TOGETHER with all right, title and intoreot. if any. of the party of the firet ~rt in and to In)' stree.. and
roads abutting tbe above described premi.. to the eenler lines thereoli TOGETHER with the ~purtenances
and all the eflat. Ind rigb.. of the plrty of the first part in and to said premisee; TO HAVE AND TO HOLD
the premile& herein granted unto the party of the second part. the heir.. or IUceelllOlI and aSligne of the party of
the eecond pi rt {orever.
AND the party of the first part covenanlo thlt the party of the fir.. part has not done or luflered anytbing whereb)'
tlie eaid premieeo have been encumbered in my way whatever, except as aforesaid.
AND the part)' of the 6uI!,:,rt, in complilnce with Section 13 of the Lien Law, co"enanll that the plrty of th. 6ret
parl will receh'e the conllderation for this conveyance and wUl hold the risht to receive IUch consideration as a
trult fund to be Ipplied first for the pnrpose of paying the coal of Ih. improvement and will Ipply the eame firM to
the payment or the COlt or the improvement before Ulio! any part of the total of the lame {or any other purpON::.
The word "party" than be construed as if it read Uparties.' whenever the aense of this indenture 10 requires.
IN WITNESS WHEREOF, the partl of the Jint part hall duly exrcuted this deed the day and year first abo\,t
written.
IN PRESEroCE OF:
~-i::J!/ r-S--OY-
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STATI Of JaW YOlK. COUNTY o. DUTCHESS
On the day of August 2004 JIlt
JX'rsonalJ>' came
... STAn O. NEW YORK, COUNTY O.
Ann Tarull1
, before me On the day of
peraonally came
lit!:
I before me
t(} me known to be m-e individual described. in and who
execult'1l e:~ut~:t,:&~i::m~~6trumentl and acknowledged that
STAn OF JaW YOlK. COUNTY O.
0" the day of 19 , befo.e me
J..'Nlfoonalh' came
,,, tn,' I,,;o..n, ..ho, being by _ duly Iworn, did depoee and
t'o.:l~. that he- reeidet at No.
that he i. the
uf
, the corporation described
ill anll which f'xecvted the foregoing in.trument; that he
knowI the ...1 of gid corporation; Ibat Ibe oeal aJlixed
tn said inatrument ia such corporate Hal; that it w.. 10
Iffi..ll by order of the board of directora of aa1d corpora.
.ion, and that he ligned h name thereto by like order.
..ririln allb aale iitell
Wlru CoVUl'AII''l' A.G.unIT CIAno'" Acn
TITLE No.
ANN TARULLI
TO
THOMAS V. O'CONNOR
to me known to be the individual described in and who
executed Ibe foregoing inltrument, and .cknowkdged th.t
executed the same.
nl STAn O. HIW YORK. COUNTY O'
On the day of 19 , before "'"
personally came
the &ubscribins witneu to the foregoing inllrumrnt. with
whom I am penonaUy acquainted, who, beiDI_ b)' me duly
Iwom, did depoee and lay that be resides at No.
that he knOWl
to be the indh'iduaJ
described In and who executed the foregoing inltru"",nt;
lhat he, Mid lubacribins witnrss. was present ad saw
execute the eame; and that he, laid witn_.
at the same time lubacribed h name u witnell thereto.
SEC'I10N 6256
BLOCK 0 ,
LOT 457875
COUNTY tIIC1IlIIIIC Dutchess
RETURN BY MAlL TO:
Zip No,
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SCHEDULE A - a.D-1315
A1llhat tract or parcel of land sltuate In the Town of Wappinger, ~ County, New York, bounded /'
and desa1bed as fellows:
BEGINNGING at a point In the center of Cedar Hm Road at the llClI'lheast&1y comer of the lands of
Johnston and Clllltlnulng fnlm thenc:e along the center of Cedar HIll Road and the oenter of Dorothy Lane
Narth 700 23' East 200' 10 the northeasterIv comer of the herein desalbed parcel,
l'HENCE South 7" 26' East SIX hundred sixty eight and forty nve hundredths feel: to tI1e sout/1easterfy
comer of the herein desalbed parcel,
l'HENCE Sout/1 700 23' west 200 feel: to the lands of Johnston,
l'HENCE along the easterly line of JohnslDn North 7" 26' west SIX hundred slxty eight and forty five
hundredths feet to the point or place of beginning.
FOR CONVEYANCING ONLY - NOT FOR POUCY:
excepting and reservlng fnlm the above desalbed parcel a rfght of WflY 25' In width along the entire
westerly line and the entlre northerly Rne of the above desalbed parcel.
Also conveying to the parties of the second part a right of WflY over a strip of land 25' wide along
premIseS adjoining on the westerly and northerly sides of the land above desc:rfbecI.
The parties of the first part also convey to the parties of the seClllld part their helrs and IlSSIgns tI1e right
of Ingress and egress on foot or wftf1 vehicles of all kinds upon, over and along tI1e exfsting road known
as Dorothy Lane and Johnston PIaoe from the above desalbed to tI1e raacl known as Cedar HUI Road.
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MlE"'YORIC 1~1IPCS" ACXJIOWl..IDaDNT
- """""-Tr u.", _
'" SlatI! aI New Yell<
CcUnty ai' ~'Se.
}-
Onlhe~dayat . ~' InlMyear~
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befg,.. me, the under8gned, . Nct8ry PuI:IlIc In and 10;" ~ 1llIte,.
plnCllllllly ~ A...\o.'I ;:....::"'.fZol..l. I p~
Jcncwn.ta me arprwed 1c me on l1e buts_at~. evidenca tIJ . .
be the 1ndMdu8I(s) whasa .II8IllII(s) Is (are) ll,lbac:l1becllD the wlIhIn
. ,
InsIn.ITlent and ada10WltlclgacllD ma,l!m I1ftIWihey ~ ItIe
_ In hblher.1helr capadly(Jes). and .~ by hEslhedlhelr
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OPTIONAL
71lrzIr1I"'_)r,*_/IJ""'''''-._'__",*-t1~trlIy/ng.....
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~ at AtI8c:hed CclcunIslt
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IignlIlunI(s) on ItIe inlIIrumw1t. lhIlndlvfdc:lII(s), or 1l1e peracn upan
~ afwhidl.1I1e ~S~~ U the '1nsQunenl. ..
~.......,.....
1Ilod.....h!o'o
'T1IIe ar~'aI Cac:umenI:
Cacmnent CallI:
N\Iml:lw at PIQM:
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SlgnlII:(s) 0tIIM Than Namecl Abclve: '
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