06-7308
TOWN OF WAPPINGER
ZONING ADMINISTRATOR
TATIANA LUKIANOFF
SUPERVISOR
JOSEPH RUGGIERO
ZONING BOARD OF APPEALS
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
(845) 297-1373
FAX: (845) 297-0579
TOWN COUNCIL
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
ROBERT L. VALDATI
May 16, 2006
RECEIVED
MAY 2 6 2006
TOWN CLERK
To: Chris Masterson
Town Clerk
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Michael Messina
Appeal No. 06-7308
Attached you will find the original Application/Decision & Order
for Michael Messina, 192 Smithtown Road, Wappinger Falls, NY.
I would appreciate it if you would file these documents.
Attachments
cc: Mr. Messina
Zoning Board
Town File
Town Attorney
Building Inspector
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 #
()~ - 73tJt
Dated:
L-j - ij- - O~
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK.; _
I(We), fJ/;t};d1Z/'/JJe.:sS/~/ A residing at /9c2:5/11 /!t; cft4.Jr7 /i:i
(/54/("( ~ 1.2 ~d-,~ , &$-l.!:/2.- h3(, / (phone), hereby appeal
to the Zoning oard of Appeals from the decIsion/action of the ZOning Administrator,
dated , 200_, and do hereby apply for an area variance(s).
Premises located at /r:2 S/11~w4 It'd' h54hl/i(/(
Tax Grid # tJ;J 5j: -01-05)1,970
Zoning District -20
1. Record Owner of Proper,ty. .
Ad dress /9 cJ. 5n1/tJJ/d!J..J/l Jtk
Phone Number~-fu-3.J8'
Owner Consent: Dated: '1-:s - 0 {..
Signature: ~
Printed:' ctt ~ eo /;.,,,4-
2. Variance(s) ReqU'est:
~
TOWD22.ZBA-AA V (4-03 Rev) I 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.
6240.67
Section Subse tion and Paragrap!1)
Required:
Applicant(s) can provide:
Thus requesting:
To allow: :J.. 4- x 6l 4- ~d/) A ~ ~~
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.
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.
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.
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.
TOW022.ZBA-AA V (4-03 Rev) 2 of 4
3. Reason for appeal.
A) Our home is the smallest and most underdeveloped property of the nearby properties.
By adding an additional structure, we will only be adding value to the neighborhood, as
well as aesthetic appeal. There is no negative impact caused by this change.
B) The dimensions of the property are long and deep, giving us very limited space on
either side of the home. Because of utilities, Septic and Propane tank, we cannot build a
structure to the rear of the home and zoning laws prohibit building forward of the home.
This leaves us with only one location in which to build. Since the space needed for the
structure does not fit the requirements, specifically distance from the property line, we
seek this variance in order to build.
C) The zoning law states that the edge of the structure must be 40 feet from the
property line, as well as not built forward of the home. The building plans only allow a
17-foot clearance from the edge of the structure to the property line. And two feet
forward of the house. This is not a substantial distance. Building this structure under
these dimensions does not interfere with neighboring properties physically or visually. It
also provides ample clearance from any roads or utility structures.
D) The physical environment of the neighborhood will not be impacted. This is a
storage structure only. There will be no waste products of any kind caused by water,
septic or drainage.
E) We own three vehicles and several property maintenance tools (i.e. Snowblower,
Lawn mower etc.) In order to properly maintain these items we need to provide adequate
shelter. The dimensions of our overall property have dictated our limitations.
F) The neighboring properties surrounding our property are all much larger then our
own parcel, each with over 10 acres. Our property has only a little over one acre. Also, as
previously stated, our property is very long and narrow and does not afford us the space
required by the current zoning laws.
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.
4. List of attachments (Check applicable information)
(J Survey Dated 03 - o~ 0 &, ,Last Revised Os -0 9 -O~ and
Prepared by f<a-'jYn d r,l-1{Mt;e L...Ls PC
(~ Plot Plan Dated 03-c/l- 0"
() Photos
() Drawings Dated
(~ Letter of Communication which resulted in application to the ZBA.
(e.g., recorpmendation from the Planning Board/z9ning Denial) ?_ 5 tJ _ O/'
Letter from IA-t I ~() ~ LVI kJ ~o-r:r "2..0f'llv'lj aaM/1I Dated: ~ \0
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
p~~
(Appella nt)
DATED: 1- 'I ~CJG
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. OG 7 J08
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) / ( ~ 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 / (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 / (JO IS NOT unique to the neighborhood.
Conclusion: Therefore, it was determined the requested variance
Be ec ) GRANTED () DENIED.
Conditions/Stipulations: The following conditions and/or stipulations were adopted by resolution
of the Board as part of the action stated above:
Tnp 7nn;ne Ro~rn nf Appp~lq n~q vnrpn rn gr~nr.~ q;np y~rn v~r;~n~e of 1~_,4' qn
rnp ~ppl;~~nr ~~n ~nnqrrll~r ~ 74 X 74 fnnr g~r~gp Whprp rnp q;np y~rn qerh~~k ;q 40 feet
r}lp .<lppl;~.<lnr ~mlln nnly prmrinp 17 4f.. fppt-, Tn;q v~r;.<lnrp tJ~q er:mren tJ;rn rnp fnllowing
f'nn,'lir;nn' Tn.<lr rnp ~ppl;f'~nr p"r lip ~ f. fnnt- high ny 74 fnnr fpn~p .<llnng rnp
prnpprry l;np hpn;nn t-np qnpn Tni", qnnll1n np mp.<lcmrpn frnm rnp rpnrerl;np nf rnp np;ghbor's
driuPtJ~y tJ;t-h 17fppr nf rnp fpnrp ;n p;t-npr n;rpf'r;nn rn qnipln rhe g.<lr~gp
( Xl Findings & Facts Attached.
DATED:
May 16. 2006
ZONING BOARD OF APPEALS
::~NO~~
/r=
PRINT: /~ ~E'K'.
TOW022.ZBA-AA V (4-03 Rev) 4 of 4
'.
PROJECT lD NUMBER
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
&YX&'I MV
SEQR
PART 1 - PROJECT INFORMATION
1. APPLICANT I SP.ONSOR
m/ cI;. c5 5 //\jA
3.PROJECT LOCATION:
Municipality Wa, 5 f/;J!s IV
4. PRECISE LOCA ION: Street Addess and Road In rseclions, Prominent landmarks ete - or
/ fJeJ 5/Yl/ft;<jovJ/1l?d ;:0SA,f?//l"
County
~
provide map
5. IS PROPOSED ACTION:
New D expansion o ModIficatlop I alteration
9}('tJtf
-rlJe (J,V J'uA / s
a
c!JJ) IX de;. / c1 e;r r
6. DESCRIBE PROJECT BRIEFLY:
7. AMOUNT OF LAND AFFECTED:
Initially acres Ultimately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
DYes ~ No If no, describe briefly: f (0 . ~ <l. l-/L doe(] () 0 +- eo /J'1 p 11 ~..tit 12- g- V
rn ; III MIMI<- 7,?f' d s ef; bl/:!k ve.cz LII v' ""- /If ~-+ s tl6 cd 'S II ftr iff /] ~ .
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
I!I Residential 0 Industrial 0 Commercial DAgriculture 0 Park I Forest I 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 ONe If yes, list agency name and permit I approval:
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
DYes rtINO If yes, list agency name and permit I approval:
1 . AS A R SULT OF PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION?
No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Date:
SI
?t.~-t)b
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
o~~~~PI.
I~+,r~, ",', :~,-..~~~~,"\
!Q "/~~
II- \
\0' .~.I>:
\<.c.~'/~
~\,. , " ' ' ~.
"~/'~~
~~SS COV/
~:::...-..::::.~--",
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 30, 2006
TO: Mr. Michael Messina
192 Smithtown Road
Wappingers Falls, New York 12590
Grid# 6256-01-058970
Dear Mr. Messina,
Your application # 24153 for a permit to construct 24' x 24' detached
garage is hereby DENIED on the basis of Section: 240-37 of the Town of
Wappinger Zoning Law, which stipulate:
"Accessory Structures must comply with all minimum yard setback
requirements for buildings, but in no case shall they be permitted in
the front yard. "
Moreover, R-80 ZONNING DISTRICT has a side yard setback requirement
of forty feet (40') while you provide a side yard setback of seventeen
and forty-six one hundreth feet (17.46').
You have the right to appeal this decision to the Zoning Board of Appeals
within 60 days of the date of this letter. The Zoning Board of Appeals meets
the second and fourth Tuesday of the month. The area variance appeal will
require at least two meetings, one for discussion and one for a Public
Hearing. The required forms can be obtained at this office.
Yours truly,
.7
~~uttU
Tatiana Lukian9ff
~dt(IS-'
TOWN OF WAPPINGER BUILDING DEPARTMENT '&
APPLICATION FOR BUILDING PERMIT
-_ . 27g
A~CATION TYPE: 0 Residential ZONE: 12 -cfo DATE: 3 ~_ Ot;:,
New Construction 0 Commercial APPL.#/c:2ll/5..!7 PE&\1IT #: ~
o Renovation! Alteration 0 Multiple Dwelling GRID #: ." ~ 5" to - 000 r 05 g 970
APPLICANTNA~IE: (r1ldta..e)fn~5.St;';A . · '"
ADDRESS: ~CJc2 Sml#, -/e.WI1. /d F7~I.Ktll
TEL. #:~<.J~ g'17 3J!? CELL #: 8<f'S l'fZ l,3Ct,/ FAX #: .
o~ WAPp,
~~~: ."'1;'
o . ("~
~, "
0' --'~>'i
C~/'~i
.-" ......
('~ ..c..
~ss cov~
)/y ./:;S-.2f
E-MAIL:
~AME OWNER OF BUILDING/LAND: 5~ a.~ a..lkve
ADDRESS:
TEL. #: CELL #:FAX #:
E-MAIL:
BUILDER/CONtRACTOR DOING WORK:
. COMPANY NAME: ~fJ-nu.4-s 4f"...J-.4!
ADDRESS:
TEL. #: CELL #:
DESIGN PROFESSIONAL NAME:
TEL. #: CELL #:
CONTACT:
FAX#:
E-MAIL:
APPLICATION FOR:
FAX#:
/~
. d cat ~cv-~ cQcf 'X:l <f I
-tv- &u- ~@S~ tl~"l~
E-MAIL:
SETBACKS: FRONT: Ie; ()-:t REAR: 5'{)~
SIZE OF STRUCTURE: 'dlY')( 0( <f I
ESTIMATED COST:..l$ Q. 0-00
NON-REFUNDABLE APPL. FEE: /PoO /" PAID ON:!)? ~ r.,
PAID ON:
L-SIDEYARD: t7, 1./ (p i . R-SIDEYARD: JJ ~
TYPE OF USE: Gt91' ,4)~
~m:CK #': ~
CHECK #:
~O& ~ (J 0/ (p
RECEIPT #:
RECEIPT #:
FIRE INSPECTOR:
o Denied Date:
Signature of Applicant
Signature of Building Inspector
.........
.' .
.
~
~.
~
1
.~
.~.,
~
~
~
t
~
Nearest Street
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
Mark North Point
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 me. .
....... .......... .... ...
DATE: 3 .._~ g....- (t)~
lONE: '-~
c2 - &t~ IJe -l .J! tlu~ cZ V'1d- y' .
J
..,
._ 0'"
J .
j'
(<\'. ,J JI
1,,,
· .1 I
l
'k'
(
I d-~;'J..
~.-._.
'-<1)
Cl
4:i
t~
t'-
- .
r{l
00
<i
,
150
ft.
T
Rear Yard
ft.
Side Yard
HOUSE
ft.
.
.
j90t
" . 7
~~iL~~~h ~~i
, L,-'~IED
ZONiND ).\!)!,i:f\!!ST ATOR
ft.
. Frontage
1
ft.
INDICATE LOCATION of WELL and SEWAGE SYSTEM
and THE DISTANCE of EACH FROM HOUSE
HOUSE#andSTREET:~ Q . SM\'~Vl RcL
Signature of Applicant: //J(~b1~~
White - Applicant's Copy Yellow - Office Copy Pink - Assessor 's Office Copy
-. -- -.
Trip: Date:
(ST 02/03/06
2ND
~ 'RD
4TH
03/09/06
3/in
" -_._~
Revisions/changes:
run baseline to establish control for the mar/gage slllvey.
stakeout of proposed house, prop. S.D. S. area, well, lot comers w/~h p.o.1. ' .
foundation location.
final as-built slllvey with certifications to the buyers, bank & title
company for C. 0. from town.
2 options for proposed garage
Parcel shown designated as "nit Messina" as shown on a map entitled, ''LOT
LINE CHANGE - SURVEY prepared tor ROBERT & BARBARA HAIMELlN,
situated in the Town ot Wappinger, Dutchess County; New York~ dated
September 6, 2000, prepared"by Raymond EHeinsman, RL.5.,said map is
filed in the Dutchess County Clerks Office on December 1, 2000 as filed map
# 11101.
~
t
, ~
~
<0 9
CO ~
(.')
option # 1
Survey Map
of/he lands of
B'
~ichael ~essina
~
or, ~c
\i <<-,'IJ ~~ ~
~" ~~ ,,~ \~
I ~ _\.~ ~
~ ~ <<.~. ~G
~ ~ ' ~
~ i' ~
<('ti O~ ~~
v v~
and
Sandra O'Connell Messina
situated in the
Tovvn of Wappinger
County of Dutchess, N~w York
Scale 1"= 30' Date: February 4, 2006
Raymond J. Kihlmire, L.L.S.,P .C.
85 Lyndon Road, Fishkill, NY 12524
New York State Licensed Surveyor #049249
Fishkill- #(845) "896-9113 Fax #(845) 896-7535
0' 30'
~--
--
60'
90'
"This plat was prepared for the exelusive use of the person, persons or entity named in the certifications. Said
ertifications does not extend to any unnamed person, or persOns without an express re.certification by the surveyor
c naming the said person(s)."
Certified to: Michael & Sandara Messina
Town of Wappinger Building Department
its successors and or assigns as their Interest may appear
Certified in accordance with the minimum standards for tiUelBank surveys of the New York State
Association of Professional Land Surveyors.
~
Otrieredby: Michael Messina
#192 Smithtown Road
FishkUJ, New York 12524 hone #845-
Job no. 06-009
drawn bYRJK
'" V I ~ if/ldQ?4Q
tax map grid no.
tmg#___ ___
1
iUrveyOrs Notes:
, This survey is Subject to the findings of a title report and or title search.
. S""'"'''ace S/rut;turos, U1illlies, 8epllc lanks and/or wells not v!s;bJe at "e "me and dais 0/
'is survey are not shown on this map.
Su",eyed as "'" d_s, 0/rJ SlHVey map, fiIsd maps, Physical evidence and existing
'Jnumentfound at the site.
The al/eration 0/ "is sUlvey by anJ'O/le o"or "an ... original su"'")'Or is mls_ing,
nfusing and not in the general welfare or benefit to the new buyers. An other licensed
"Veyor shall not alter this survey map, plot plan or survey plat prepared by the Original
'Veyor named. (THIS AS PER A LETTER DA TED 3/25/94 FROM THE NEW YORK STA TE
SOCIA TlON OF PROFESSIONAL LAND SURVEYORS)
Subject to any conditions, restrictions, covenants and/or right-of ways/easam
1Y.
utility POle
rlY lane
forme
now or & Barbara
Robert G'R 1982 cP
LISE
2" E
6'4
N 7402 62'
160.
6423.6 SQ.
0.15 ACRE
Total Acre~ge
'3833. 1 SQ. FT.
01 ACRES.
~ ~
~" ~0
\f{,~ ~~ ~ bt
~~ Q' ~ C\CO .
''1r ~ ,).. ~ ~
{'\~ .\.1(\ B~
,0 tttV <<.~. ~
~ ~ 0~ ~' ,&~fI,
~o ~ ~ ~ 0~
~f5 0 ~~
v 00
~
~.
0$
.t--c?"Q-
'""c?~ "
>?O$
~
9~$
'5'''$0-
..............
..............
7s, ..............
@ ~ 80' ............................
Pl'Opane tank
~~
~
,~Q
~Q
o
r;Q
~
f
~
~
^O /
" ~'
iron
0'
~
? Smithtown Road