07-7335
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TOWN OF WAPPINGER
FIRE INSPECTOR
MARKJ.L1EBERMANN
SUPERVISOR
JOSEPH RUGGIERO
DIRECTOR OF CODE ENFORCEMENT
GEORGE A. KOLB JR.
ZONING ADMINISTRATOR
TATlANA LUKIANOFF
CODE ENFORCEMENT DEPARTMENT
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
(845) 297-6256
FAX: (845) 297-0579
TOWN COUNCIL
WILLIAM H. BEALE
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
To:
Chris Masterson
Town Clerk
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RECEIVE"
JAN 2 ~ 20Q/
TOWN CLERk
January 24,2007
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Elias Leyba
Appeal No. 07-7335
Attached you will find the original Application/Decision & Order
for Elias Leyba, 65 New Hackensack Road, Wappinger Falls, NY., Tax Grid No. 6158-
02-614557
I would appreciate it if you would file these documents.
Attachments
cc: Mr. Leyba
Zoning Board
J 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
Appea I #
(}!J-" 733!5
Dated:
~/l5~ I tJ 7
- ,
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I(We), ~-L/ftc; L E tjl3 fJ residing atb5 YJt-tJ /IItC/{(:.ftlfACI<.,
'v../fl-.pPII1GL::-(\~ ~.4L L ,lr'7..S-)'fY- tJ1f~ R (phone), hereby appeal
to the Zoning Board of Appeals from the decision/action of the Zoning Administrator,
dated OU'-. 'J.' , 200~, and do hereby apply for an area variance(s)."
Premises 10catE}d at {,5 J1(;~lJ H,A(I\t::IJfACK An
Tax Grid # ~ J Sf . 0;).. ~ I tf-557
Zoning District _ - J.. 0
1. Record Owner of Property E I- J,4S L /:..- V B ft
Address 65 J1~~ HAC[(E/lJ'Jft<'-Jr2. Ito
Phone Number~-~ 0'1:3 ~
Owner Consent: Dated:
f([r
Signature:
Printed:
f!~
1::-'-/ A r '- b- YI.1I1
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.
Sed, ()~,() ;l. 4-0 . 3 '7
(Indicate Article, ection, Subsection and Paragraph)
Required: 5' "
Applicant(s) can provide: ~..
Thus requesting:
To allow:
TOW022.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.
(Indicate Article, Section, Subsection and Paragraph)
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.
/~ ~.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.
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
, .
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)
( ~su~ey Dated , Last Revised and
Prepared by
() Plot Plan Dated
() Photos
() Drawings Dated
() Letter of Communication which resulted in application to the ZBA.
(e.g., recommendation from e Planning Board/Zoning Denial) L
Letter from "- , Dated: /~~~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
(Appellant)
DATED:
/JI --f} '7- 0 7
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. 07-7335
FOR OFFICE USE ONLY
1. The requested variance(s) ( ) WILL / (X) WILL NOT produce an undesirable change in the
character of the neighborhood.
( ) YES / ex) 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) / ex ) 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. .
S. The alleged difficulty ( ) IS / (x) 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 Appeals has voted to grant a variance for a front yard setback
of 52 feet to allow for an extension to the front of the home. Where 75 feet is
required, the applicant could only provide 52 feet, thus granting a variance of 23 fe~t.
ex) Findings & Facts Attached.
DATED: Janaury 23, 2007
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
By~L-/~
(Chairman)
PRINT: V/~t:;f L_ ~ANIJ /tLf
TOW022.ZBA-AA V (4-03 Rev) 4 of 4
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance.
Appeal No.
Reason For Appeal:
A.lfyour 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.
Our living room is too small. I want to increase its size by using a little space that lead
to the front steps of the house. Also, I want to install a new bay window, cathedral ceiling
for the addition, and cover the front of the house with thin brick siding. Once I finished,
my family will live more comfortable, and the neighborhood will benefit of having
another beautiful house in the area. This change will not affect negatively the
neighborhood or any nearby property mainly because it's a very small project.
B. Please explain why you need the variances(s). Is there any way to reach the same
result without a variance(s) Please be specific in your answer.
This is the only way to fix this problem because the other three borders of the living
have fix functions: the Fire Place one the east side, the stairs on the west side, and a load
bearing wall of the kitchen on the North side.
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 is not
substantial.
It's not substantial because I'm taking less than two feed from what I had before for the
open porch. I'm doing so because I wanted to build new foundation with new footings.
The house had 58' front yard set back; the little porch was taking 4' of those 58'. The
new addition will take less than 6'wide instead of 4 feet as it was.
D.lfyour 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.
The environmental conditions in the neighborhood will not be impacted because I am not
changing the nature of the land. I am not cutting any tree, or contaminating the soil or any
body of water, etc. I have an open yard, and enjoy watching the deers, and the wild
turkeys passing by my house.
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 you need for an area variance(s) come about? Is your difficulty self-
created? Please explain your answer in detail.
I need and area variance to make and addition in the front of my house because it does
not have a front yard setback of75' as the new Zoning law of the town requires it. The
house was build before that law was implemented. My family came with the need of
adding living space to the living room because the furniture, and TV don't fit in such
small living room.
F. Is your property unique in the neighborhood that it needs this type of variance?
Please explain your answer in detail.
My house is unique because even though it has almost one acre land it has small living
area; more specific, it has a very small living room. I don't think the short front yard
setback makes it unique because other houses in the same road are lot closer than my
house.
4. List of Attachments (Check applicable information)
0) Survey Dated
Prepared by
, Last Revised
And
( ) Plot Plan Dated
( ) photos
~) Drawing Dated 0 I..-{J t.f -(I-
( ) Letter of communication which resulted in application to the ZBA
(e. g., recommendation from the Planning Board/Zoning Denial)
Letter from Tatiana LukianotT Dated: 12/29/06
( ) Other (please list):
:;::mrea4fC8tiOn Dated: o/-~r-rJ?
TOW022.ZBA-AA V(4-03 Rev) 3 of 4
I ..:wEer '" NUMBER
PART 1 - PROJECT INFORMATION
617.20
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORTEN~RONMENTALASSESSMENTFORM
for UNLISTED ACTIONS Only
( To be completed by Applicant or Project Sponsor)
2. PROJECT NAME
SEQR
1. APPUCANT I SPONSOR
[LIAS L t-YBA
3.PROJECT LOCATION: GS fllw IfAck.ef.J5AC K l\l>
Municipality !A/IIPPI i1 be RS IfALH I. - County lJl/iCJle-rs (~vlA-
4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks ete _ or provide map
bS }1~-vJ fll+Cl4!tNJACi2 RD-
'V\/IIPP/ j1/6E""-~ FftL4-5 h~,) JJ~O
5. IS PROPOSED ACTION: D New 8a Expansion 0 Modlflcall~ I alteration
a.DESCRIBE PROJECT BRIEFLY: '"1 wflrv71.v ~~~ 'i~~ ~~
~ t:i/LL ~ (p~) ~wKl,~ ~~ ~ u{tk ~
/J.lh, L LV~ l:.-t,J A .~ Iln hLw I-,.,..-A_ ~ ~ ~ ~ ~
a{~.~vvA~~\J /
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7. AMOUNT OF LAND AFFECTED: 6' X 19/
Initially acres Ultimately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR O~HER RE:T~ICTlO~? /I. J~ ~ ;..e;l ~ . ~
DYes 09 No If no, describe briefly: V-L ~ h S g Il ~ . . <T'~ ~ ,I A' J _ ^ .; ~
~ ~M )SI ~ $4 /;diL,':tIJ.<A'V WM L, ~'-, .,. d
/Juv.l p~ wA.l1 ~ {,/~ to ~ ~.
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
o Residential D Industrial 0 Commercial DAgrlculture D Park I FOI'8St I Open Space
o Other (describe)
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (Federal, Stateor Local) ~ ~
[9'Ves D No If yes, list agency name and permit I approval:
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
DYes [BNo If yes, list agency name and permit I approval:
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION?
es No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant I Sponsor Name
Date:
Si ature
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
0'1-/335
ZONING ADMINISTRATOR
TATIANA LUKIANOFF
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SUPERVISOR
JOSEPH RUGGIERO
ZONING DEPARTMENT
20 MIDDLE BUSH 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: December 29, 2006
TO: Mr. Elias Leyba
65 New Hackensack Road
Wappingers Falls, NY 12590
Grid# 6158-02-614557
Dear Mr. Leyba:
Your application # 24931 for a permit to construct a 19' x 6' enclosed
front porch is hereby DENIED on the basis of Section: 240-37 of the Town
of Wappinger Zoning Law, which stipulates:
R-20 ZONNING DISTRICT has a front yard setback requirement of 75
feet from a county or state road and you provide a front yard setback of
fifty-two feet (52').
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,
'""'\
Of W4jil)
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TO\VN OF \V APPINGER BUILDING DEPARTMENT
20 l\Ifiddlebush Road, vVappingers Falls, N,Y. 12590
, telephone: 845-297-6256 fax: 845-297-0579
APPLICATION FOR BUILDING PERlWIT
APPLICATION TYPE: djitesidential ZONE:~)O DATE: /;2- /1-tJ~
o N.w Construction {> Commercial" " "APPL #~ " PER.'IflT # " , q /tltw
f Renov~tion/Al~raliOn ~ M~tiPI' D",.lUng _GRlD:~ I J J -o,;l-~ /4557 "
APPLICANT NAME: /:: t:-lfiS~
ADDRESS: 6.5" J1uJ/-/c. . ~",_~ KD.
TEU:tfLf'-.d9fll'71ftEu:J'I719'K'.JSI"IFAx#:" . J~E-MAIL: ~fiJ~~
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Fi\X #:'
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BUILDER/CONTRACTOR DOING WORK: . '. (7.,~.A _ JL.' ,
COMPANYNAME~~ l~
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AbDRESS:
TEL #: CELL: ' FAX #: E-MAIL:: 0
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DESIGN PROFESSIONAL NAME: .
TEL #: , , CELL: . " . FAX #: ' . E~MAIL: " .
AP~:;Ct;rFo;;,~?;t};;:rtV;::L~#
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SETBACKS: FRONT: ., 5d-. . REAR: .
SIZE OF STRUCTURE: I pI Y & I
ESTIMATED COST: / .5" DO() TYPE OF" USE: l~"",K.-~ :
NON-REFUNDABLE APPL. FEE: $lttJ PAID O~: /;y/1Ifc,HECIf...# ~/,I' ReCEIPT #: oK 06 -//, e:1 j'
BALANCE DUE: PAlO ON: CHECK # RECEIPT #: .
APPROV~S: . w~. ~ad.. . 0
ZONING ADMINISTRAT01{; ~ . . ". FIRE INSPECTOR:
o Approve . ~e~jed D.Ie f; . 0 Approved 0 Denied Date:
kSIDEYARD:,
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,R-SIDEYARD: ,/.
Signature of Building Inspector
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PLOT PLAN
APPLICATION #:
BUILDING PERMIT #:
GRID#:, '
R OF LAND:
, INTERIOR CORNER tOT:
........................
: 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:
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INDICATE LOCATION of WELL and SEWAGE SYSTEM
and THE DISTANCE of EACH FROM HOUSE
HOUSE # and STREET: G S he k,1 Ii Ac. i{E f\/~q c (,( R.D
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White - Applicai'lt s Copy
Yellow - Office Copy
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Pink - Assessor s Office Copy
Mark North Point
Signature of Applicant:
Jul 28 05 03:13p
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Tammy Schappert
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