07-7347
J I;
TOWN OF WAPPINGER
ZONING BOARD OF APPEALS
ZONING BOARD OF APPEALS
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS. NY 12590
(845) 297-1373
August 29, 2007
To: Chris Masterson
Town Clerk
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Merchan Decision
Appeal No. 07-7347
SUPERVISOR
JOSEPH RUGGIERO
TOWN COUNCIL
WILLIAM H. BEALE
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
Attached you will find the original ApplicationlDecision & Order for Luis
Merchan, 107 Caroline Drive, Wappinger Falls, NY., Tax Grid No. 6056-
03-238390. I would appreciate it if you would file these documents.
Attachments
cc: Mr. Merchan
Zoning Board
Town File
Town Attorney
Building Inspector
RECf:.\\It-\ ,
SEP 1. , 2001
,.OWN CLERK
.. "
RESOLUTION
At a meeting of the Zoning Board of Appeals on August 28, 2007, the application of the
LUIS MERCHAN, appeal no. 07-7347 seeking area variances of Section 240-37 of the
Town Code, requesting an area variance from the required 20 feet fora side yard
setback to a setback of 8 feet to allow for a 32 by 65 foot basketball court, a variance of
12 feet, and to allow such a structure in his front yard although the code states that in
no case shall accessory structures be permitted in the front yard, said property being
located in an R20 zone at 107 Caroline Drive and identified as Tax Grid No. 6056-03-
238390 in the Town of Wappinger.
The meeting was called to order by Victor Fanuele, Chairman, and upon roll
being called, the following were present:
Chairman:
Members:
Victor Fanuele
Howard Prager
Thomas DellaCorte
Jennifer McEvoy-Riley
Patrick McVeigh
The following resolution was introduced by Mr. Prager
Mr. DellaCorte .
and seconded by
WHEREAS, this matter was presented by public hearing taking place on .l1.llliL.29 2007.
July 24,2007, and August 14, 2007, and evidence being submitted by the applicant,
personnel from the construction company installing the basketball court on the property,
neighbors of the applicant, and the Zoning Administrator, and
WHEREAS, the matter has come before the Town of Wappinger Zoning Board of
Appeals on August 28, 2007 for a determination and vote regarding these variances,
NOW, THEREFORE, BE IT RESOLVED as follows:
A) The recitations and description of the application set forth above are incorporated
herein as to our Findings as if fully set forth in this Resolution.
B) The Zoning Board of Appeals hereby makes the following determinations as set
forth below.
FINDINGS:
1
Mr. Merchan purchased this property in 2003.
Mr. Merchan is employed by the company that installed the basketball court on
his property which is the subject of this proceeding. That company installed another
court on Stonewall Drive in the Town of Wappinger last year which required a variance.
Mr. Merchan assisted in the installation of that other court.
George Kolb, the Building Inspector and Director of Enforcement for the Town,
never told Mr. Merchan that he could install a basketball court or tennis court.
During work on the court, Mr. Manzi, an immediate neighbor, intervened and told
Mr. Merchan that it was too close to his property.
Even after Mr. Merchan knew that he needed a permit, he acknowledged to Mr.
Manzi that the Town could make him remove the court, but continued to work on it to
completion. Mr. Merchan had also applied for a building permit last year for such work
and was denied because of the need for a variance.
The neighbors testified regarding the visual and noise effects upon the
environment, testifying that on weekends this court is used by 30 to 40 people, both
children and adults, from outside the neighborhood.
An alternative location for the court on Mr. Merchan's property was not
investigated. Mr. Merchan stated first that he did not know that he owned property on
the other side of his house, then later claimed that the septic field is there, but never
provided any details, measurements, or scale drawings or professional engineering
drawings or other credible evidence concerning its location to demonstrate the
unavailability of another location upon his property.
2
An argument was raised concerning a prior variance granted by this Board on
Stonewall Drive in 2003, on an R40 zoned parcel, 1.33 acres in size. There, a 12%
variance was granted, and permits and approvals were obtained. The instant
application is located in an R20 zone and the property is .76 acres, and the side yard
variance sought is one of 60%. Also, the provided screening there is more
comprehensive. The variance here, if granted would only allow for approximately 8 feet
from Mr. Manzi, one of the neighbor's, property, and screening would be more difficult
or not possible to be effective, and would not eliminate the noise necessarily. The
Stonewall Drive property has much more room to provide screening greenery.
In balancing the benefit to the owner and the potential effects to welfare of the
neighborhood and community, we find based upon the foregoing that the detriment to
the neighborhood outweighs the benefit to the owner. The effect upon the
neighborhood from the noise is problematic since it draws a large number of non-
residents to the area who make noise of apparent sufficient duration, frequency and
duration as to cause the neighbors to complain. It also offers a negative visual impact
set forth in the yard chosen by the owner, and it is questionable if sufficient screening
could be afforded even if the board were inclined to grant the variance.
We further question if the court could not have been located on other sections of
the property which the owner claimed he did not know he owned, despite his purchase
in 2003 and his paying property taxes thereon.
The variance is of sufficient magnitude to consider it substantial, as well as its
unorthodox location, coupled with the foregoing findings. The basketball court has been
3
placed very close to Mr. Manzi's property, and the obviousness of the court is dramatic.
An insufficient showing by the owner of an inability to place the court on the other side
of his property, which might not even require a variance, was made.
Finally, the hardship is not only self-created, but intentionally invited by the
owner. He knew that a variance was needed when he applied for a building permit
which was denied the prior year. He even acknowledged to his neighbor that he
understood the potential consequence of proceeding illegally requiring the removal of
the court in the event that he was not subsequently allowed to keep it in the location at
which he was installing it.
DECISION
In conclusion, we find that the variance is not justified based upon the factors
considered under Town Law section 267-b, and therefore deny the variance application.
Dated: ;;tI~/L.5I~;:< 8'; ~107
Wappingers Falls, New York
,-see I1TT/?e/lE)) V/I~/aJlt!E'
Victor Fanuele, Chairman
Zoning Board of Appeals, Town of Wappinger
4
~
. I;
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 # ol - l"J3~ l
Dated:
<,It J )1)
-' .
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I(We), LUIS G m€fl.CWnJ residing at /07 CA~(}t JI../t De/vII
I^,ArPf~~lm,<' PALiJ~ tJ\.l /25'4 ,1!6---- (phone), hereby appeal
to the Zoning Board of Appeals from ~he decision/action of the Zoning Administrator,
dated S' /z "J/t ' 200~, and do hereby apply for an area variance(s).
Premises located at 1~1 CA-Rot IrJ ( Ve, rr
Tax Grid # (}S'~ if ~ -;< ~ ~ ":;;!,96
Zoning District ---'- -~O
1. Record Owner of Property
Address }01 ~i."f.f pe1~
Phone Numbe ''8--<L.C(__
Owner Consen : Dated:
Signature:
Printed:
L~C~::fi
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.
~10 .3 '7
(Indicate Article, Section, Subsection a;f Paragraph) .
Required: a!t) I' 51?t..e~.
Applicant(s) ~an provide: . ~I' _~~... ...
Thus requesting: ~- - - - I!o~
To allow: c4- ~ __
TOW022.lBA-AAV (4-03 Rev) ] of4
, .
. .
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No.
Variance No. 2
I(We) hereby applY ~ the Zoning Board of Appeals for "';t.arfdrlCe(s) of the following
requirements of the Z~g Code.
02~ -3 -;7
. (Indicate Article, Secti()~~~. ' . "~raaraph) - h _ ..L.
Required: . , u~ ..0 4 .~. y~~
Applicant(s) can prov;"" . . /.
Thus requestino./t:J (A..L/rJ1~ f;q-, h~a4e:r J4'.A1~
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.
Nt). W
c..I.JILDonJ 10 PL-A1'
7/-11S DJ, t I, ,At UJ.II ,4 'p4tJCE ~o /l c) T /<II'!?
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.
'1';.;r I":(:)(./Ih (".IllS /-I e-b/) I"J~J;:' t>(; 7'#t' 6PaJ U;~^'t:/ll i?~~ Is.
fJ~2€4lJ ..:,.. riA, SlTf'T/( LJI-JD P()1'lL
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.
:r -r ( '\ ~ J B~-r -4 ~ -r, A L..- HI) JJ rVt:t17 -r H r UI ve-r L.' 1;1"') FLA .,-
1AJ , "1.... -r /.II( -r' ~fle~,.; .
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.
1Jt) f5c-LAd'f. ~ IT, Do~ IJo-(' e-F/eC-r "'H~ ,v.,f-r-{/J'C/k I.?IIPftp
~O~ Cs C1/Z- tJe:-rLAiI'(X /
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.
-{I-I (~ IS SC'l-~ Caarl.rl:) ,
F. Is your property unique in the neighborhood that is needs this type of variance? Please expla'in
your answer in detail. .
cpf2Ntrl. WT IfrJpAC--rS Ti-J[' Ih/A(tA8tl S'PAt~ '0 (/Sf.
4. List of attachments (Check applicable information)
( ) Survey Dated~lz~ If} , Last Revised
Prepared by --r _E11 /:; I A'f~ ~Il{' .
() Plot Plan Dated 4;/zJ/o 7
() Photos
() Drawings Dated
() Letter of Communication which resulted in C!Pplication to the ZBA.
(e.g., recomlJJfU3d tion from the A n "f}g Board/Zoning Denial)
Letter from 0.... . Dated:
Letter from Dated:
and
~~ a-I-O-h
U LJM ~. t.{-. 07
I
() 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 ~ IJh JC It ~
(Appellant)
DATED:
56, ;: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.
FOR OFFICE USE ONLY .L
1. The requested variance(s) (\:.1 WILL / ( ) WILL NOT produce an undesirable change in the
character of the neighborhood.
( ~ / ( ) NO, Substantial detriment will be created to nearby properties.
2. There (~(ARE) / ( ) IS(ARE) NO ~ther 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) y)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 (V)'i's / ( ) IS NOT self-created.
6. The property ( ~S / ( ) 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:
()4 Findings & Facts Attached.
DATED: A\..(-Cll-ls\ Zg,2cD7
\ .
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
TOW022.ZBA-AA V (4-03 Rev) 4 of 4
BY:~../~~
(Chairman)
PRINT: 11 / ~ --r;, ;< J. /.:' /J N tll~ L ;:
~e..
frr\,fTC+t E ~
~Lu+tO{)
. r ~ROJECT ~
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
SEQR
PART 1 . PROJECT INFORMATION
1. APPLICANT I SPONSOR
L (
\J
3.PROJECT LOCATION:
M .. lity ItJ 7 tAU~' Nt: Pe,
untClpa
4. PRECISE LOCATION: Street Addess and Road
County vH f( S
Intersections, Prominent landmarks ete - or provide map
107 CA&oi/fJ& Df!.qf( YJ4.f'(J{'tJG,et,( PhL0S tJ~ lZ5qD
5. IS PROPOSED ACTION: New D expansion DModificaIlOflI alteration
6. DESCRIBE PROJECT BRIEFLY:
:1 N~f/J(H
32 x. 6c::/
BAS" rr IJ4U. C()/le1
7. AMOUNT OF LAND AFFECTED:
Initially acres Ultimately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER
Dyes 12( No
ZOZo
z..
RESTRICTIONS?
If no, describe briefly:
O()l~ ,JtJ1 rnr1T <5/f)t. ".Nt sl!T QAcM
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
~esidentlal 0 Industrial D Commercial DAgriCUlture D Park I Forest I Open Space
D 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 I approval:
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
DYes ~ 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 sture
Date:
JIlT j"
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
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--~-=---=
SUPERVISOR
JOSEPH RUGGIERO
ZONING DEPARTMENT
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
(845) 297-6257
FAX: (845) 297-0579
TOWN COUNCIL
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
ROBERT L. VALDATI
Date: August 21, 2006
czJL, ~O SP- ~ ~
(jc)~1L \1 ~.
TO: Mr. Luis Merchan'
107 Caroline Drive
Wappingers Falls, New York 12590
Grid# 6056-03-238390
Dear Mr. Merchan',
Your application # 24573 for a permit to construct 32' x 65' basketball
court 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-20 ZONNING DISTRICT has a side yard setback requirement
of twenty. feet (20') while you provide a side yard setback OHerrf~~ ' \l /f
(~). ~ ..Ia:ff V~ (p-yOl
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 twomeeting~, .one for~i!)cussion a'1do.n,e f()ra Public
Hearing. The required forms can be obtained at this office:' ,
Yours truly,
Zoning Ad
~~Of~~e~~
lo.'o..(.'iF,~'."~.r:..\
,~\ i~h'
C'~ .. At.~;
~SSCOU~
TO\VN OF WAPPINGER BUILDING DEPARTMENT
20 MiddlebushRoad, Wappingers Falls, N.Y. 12590
telephone: 845-297-6256 fax: 845-297-0579
APPLICATION TYPE:
~eSidential
o Commercial
APPLICATION FOR BUILDING PERJ."\1IT
ZONE:~. 'It) DATE: tf,t! 0(., i 1bYdt,"
APPL #:il cAs 7:3 PER1VIIT #
GRID: .. \coSCo -03- ~n5 2- 38 3Qo -~)<J
I'
o New COJistruc"tion
renovatiOnlAlteratin~ 0 MUlti: Dwelling
APPLICANT NAME:
ADDRESS: ~. .
TEL teu987&2,'(~Lt1Jy ?'f10--(t(...il\... FAX #:
NAME OWNER OF BUILDING/LAND:
"'PROJECT SITE ADDRESS"':
. . MAILING ADDRESS: pc ~ e
.' TEL#: erB'~C("')q CELL:IJIY.' - FA.X#:
. . . . t(f{O It{111. .
BUILDER/CONTRACTOR DOING WORK: I rLJ
COMPANY. ~AME: . 5 el::L-
ADDRESS: t;;~_
,
TEL #: . . CELre~ t(qO .illlq FAX #:
DESIGN PROFESSIONAL NAME:
TEL#: . '. CELL: FAX #: E-MAIL:
APPLICATION FOR:' , (Jal! j h ~ 2.' ~fJ J<;- in!<;(!cS ~16,J / C~U.- r.
r 2-~~C
E-MAIL:. .
... . .':
SETBACKS: FRONT: . 1__ '\.- REAR: f 1 ." L-SIDEYARD:
SIZE OF STRUCTURE: >~ I X h~'
ESTIMATED COST:r"jl, ~5:0fJeE-. '. TYPE OF'USE:cl:ltlc1r~(\. f(>Co.L.lrt:>cp
NON-REFUNDABLE APPL. FEE:$loo PAID ON:sjl(.46~HECK # 761-/-' RECEIPT #: ~~ .. lobr"
BALANCE DUE: PAID ON: CHECK # RECEIPT #:
;: R-SIDtYARn: ./
FIRE INSPECTOR:
o Approved 0 Denied Date:
Signature of Building Inspector
& iVYV~~~;V;(;~~LJnK
APPLICATION #: If;< '1.57:3
BUILDING PERMIT#: //}CiCeh:::cn r UllS
GRID #: ~t/s-? -03'd-.3g:!J9o '
OWNER OF LAND: J'Y7t:nC/..jpl.J: l(),'5
INTERIOR OR CORNER LOT: .CJ()t2tJ~'"
.. ........... ..... ......
: INSTRUCTIONS ·
. (1) DRAW slructu~e where you inlend to place it. :
. (2) LABEL dimensions. .
· (3) LIST how far the structure is from house and .
: also the setbacks from structure to your .
. property line. :
........................
DATE: sh ~ /07
ZONE:
. ~ . .
T
, : RearYard
'S~L :"
ft. .',
1
SideYard
~ ft,
. .
Side Yard
HOUSE
.
ft.
.
ft.
fr
Q)
'0
~
r
FroIlt
, Set Back
Nearest Street
.it
ft. Frontage
1
Nearest Street
ft.
ft.
,
,
,
,
,
,
"
"
;
,
,
,
,
,
INDICATE LOCATION of WELL and SEWAGE SYSTEM
and THE DISTANCE orEACH FROM HOUSE
,
,
,
,
,
,
,
,
"
"
"
"
"
, ,
"
"
HOUSE # and STREET:
Signature of Applicant: ci: II!e reA e:
Mark North Point
White - Applicant s Copy
Yellow - Office Copy
Pink - Assessor's Office Copy
-
~
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tho'rH. /1-c. res
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Co-ro Il~~ elr,
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'l'UWN U.l4' WAYjll.l"Ju~n
FIRE INSPECTOR
MARKJ.L1EBERMANN
Q~ 'IIAPP/~
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S~PE:'-~~
JOSEPH RUGGIERO
DIRECTOR OF CODE ENFORCEMENT
GEORGE A. KOLB JR.
ZONING ADMINISTRATOR
TATlANA LUKJANOFF
BUILDING DEPARTMENT'
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
(845) 297-6256 .' .
'FAX: (845) 297-0579'
. ' ,'www.!ownofwappinge':;us ':
, OWNER CONSENT FORM:
TOWN COUNCIL
VINCENT BETTINA
MAUREEN McCARTHY
, JOSEPH P. PAOLONJ
ROBERT L. VALDATI
CODE ENFORCEMENT OFFICERS
, SALVATORE.MORELLO ill
SUSAN DAO
RICHARD F. TRAVIS
, ' .
TO BE FILED WHEN'THE APPLICANT IS NOT THE BUILDING. SITE OR PROPERTY OWNER
. . .
BUILDING PERMIT.#
:APPLICATION ## 24573 .
,SITEL~~ATION: ,'/O'C!'J:.fl'o L I ,.II{ Ofll VIrIJjMJf1iJ40C:' f4'LC5IJ.Y
,,' GRID: #~b'OS 6':"'D 3~ 2~.s ~ 3~ (j - O~OO
Name.or,APPLICANT:,: !Jtll,t>r'/h, C !bH':/" ",
(Person PHysiCALLY coming in,to apply) (IF other than the Owner)
NOTICE TO APPLICANTS: 240-109 Certificate OfOCCUDancv
, It shall be unlawful for a building owner to, use or permit the use of any building
or premises or part thereof hereafter created, erected, changed, converted or
enlarged, wholly or partly, in its use or structure until a Certificate of Occupancy
shall have been issu~d by the, Building Inspector arid the Zoning Administrator.
FAILURE TO COMPLY MAY RESULT IN COURT PROCEEDINGS.
1, L {J ;~ t1 e.\ chQ;~ , owner of the land/site/building hereby give my
permission for the Town of Wappinger to approve or deny the above application in accordance
with local and state codes and ordinances.
~/1J/07
~ /4;/(j~
Owner's ~ignature /' /
~(/{J rYlMc)1/h'1
Print Name
/61 Cp.RaJIJti 012,//11"' ftJAfI1J.()(.ts 17J1.l~
Print Owner's Address
Date
(8C/S~ 938 2-Y 5Y
Owner's Telephone Number
Code Enforcement Official:
. .
Town of Wappinger Zoning/Fire/Building
Vou a~~!! ~~ta~!, ~~~e~~i!b ~ ~n!' day,
with a remedy/explanation of this violation as fOI~ Failure to
comply will result in legal action by the Town of Wappinger.
Department Phone #: 84:~~, Fax #: 845~297-0579
Mon.-Fri.. - 4pm
20 Middlebush Rd, Wappingers Falls, NY 12;90 I
Name:-L. (V) 'Lrv~\4V"\ Date:_WrJ..Q..J_
Violation Address: 10 J C~V() \, ~Q U..; .
Tel. #:
Description of Violation: Section # ~Ll 0 - log ((6u I' I.J.\ 1:J)
~O - S (20N\tJ")
COV\.51I/'vC,,\ (t'~'S~ll.,\t1u \ \ cov~\
t AJ \' ~ CJ -.J-1- \ /{A-..r \ ~""" ( f au... \A A ~
Q, u i \c\, '^\j r -u::",,; +-
9 \ -l. t.+ h. ("' ...v.:L \. \
-
d~tLL \l.ts~
Zoning/FirelBuilding Official:
Town of Wappinger Zoni g/FirelBuilding
Signature:
'-_.-....--_._~_._--~-.,.,...---- .--.~--~_._-
TOWN OF WAPPINGER
-===~ 'CODEENFORCEMENT
APPEARANCE TICKET
C.P.L.150.10
N~
00942
TO:
,<~T NAME,
: ~l ~ "', .... ::..);\ '-':\.. \.,/"f
STREET ADDRESS
~ i: _oJ r'-
FIRST
1._:c.."S
INITIAL
YOU ARE HEREBY NOTIFIED TO APPEAR PERSONALLY IN THE
.7'""......
-L_,~;I"
, '
~ ~ '-
STATE
~_ l
~'\,,} .
'~i ',)
JUSTICE COURT, TOWN OF WAPPINGER
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
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ON
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PRE - ARRAIGNMENT BAIL
~E-ARRAIGNMENT BAIL IS FIXED IN THE FOLLOWING
"OUNT RECEIPT WHEREOF
HEREBY ACKNOWLEDGED AND THE PERSON ARRESTED HEREIN IS
:LEASED FROM CUSTODY TO APPEAR AS HEREIN DIRECTED
TO ANSWER A CHARGE OF .;~:. ~': :.. 1'" /'.:1', }'.;' ! ' I .. '-;' ~
: i..,~" L~;,. . !').:.t t"" ~ " '~,.).,... ~:~) ;'~;. - "''''.'!. AN OFFENSE 8
~~.MMITTED IN TOWNOF WAPPINGER. NEW ~ORK. Ai 'j 6'} /~j''4 /"'n 1\ /i" ~
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ON THE DAY ~F' , . -, . , Ii ':", ~) y \"'"
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IN VIOLATION OF SECTION
OF THE
ISSUED THIS
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DAY OF
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NOT elF PROVISION FOR BAIL IS HONORED OFFICIAL
I E: ACCEPTING BAIL MUST FILL OUT COMPLETE TICKET
ONLY AFTER RECEIVING BAIL
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THORIZED
FICER
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'ON YOUR FAILURE TO APPEAR AS HEREIN DIRECTED, THE BAIL POSTED WILL BE FORFEITED.
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; \ ( I OFFICER'S SIGNATURE
mTICE: DISPOSITION:
UPON YOUR FAILURE TO APPEAR AS ABOVE DIRECTED, A CRIMINAL SUMMONS OR A WARRANT FOR YOUR ARREST MAY BE ISSUED.
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OFFICER'S NAME (PRINT)
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Luis Merchan, the owner pftheproperty located at 107 Caroline Drive in the Town
, of Wappinger did not have a bUilding permit for an (32' x 65') 'addition at the
above mentioned p'roperty. This construction constitutes a violation of Section
240-108 A of the Town of Wappinger Code. The owner also had their application #
24573 denied due to Zoning Laws which required variance approval.
Section 240-108 A states "No bUilding or structure shall be erected, constructed,
enlarged, structurally altered or moved until a permit therefore has been issued by
the Building Inspector."
Section 122-20 GG of the Town Code Schedule of Flnes'statest "Chapter 240
Zoning (I) 240-106.C. Fine: lit offense Minimum $50.00, Maximum $350.00 2nd
offense Minimum $350.00, Maximum $700.00 and 3rd and subsequent offense
Minimum $700.00, Maximum $1000.00 .
Upon information and belief, defendant was and is the [owner/tenant] of the
property referenced above in the Town of Wappinger, and as such, was responsible
for the condition(s} described above.
Defendant has failed to abate or remedy the alleged violation(s} despite the
following requests to do SO:' A Notice of Violation was issued on February 9th,
2007. ' ,
The foregoing factual allegations are based upon personal knowledge and/. or
information and belief: direct knowledge.
WHEREFORE, Appearance Ticket # 00942 was issued directing said defendant to
appear on the 10th day of April, 2007 at 5:30 PM in the Town of Wappinger Justice
Court.
TS MADE HEREIN ARE PUNISHABLE AS A CLASSI A MISDEMEANOR
CTION 210.45 OF THE NEW YORK STATE PENAL LAW.
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, .
STATE OF NEW YORK
JUSTICE COURT
COUNTY OF DUTCHESS
TOWN OF WAPPINGER
The People of the State of New York
Against
Luis Merchan
107 Caroline Drive
Wappingers Falls, NY 12590
Defendant
INfORMATJON
CPL 100.15
I John J. Fenton am a Code Enforcement Officer of the Town of Wappinger, with my
office in the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls,
New York.
I hereby accuse Luis Merchan, the defendant in this action, and charge that on or
about the 2nd Day of March, 2007, AT 107 Caroline Drive in the Town of
Wappinger, County of Dutchess, State of New York, said defendant did commit the
violation of contrary to th.e provisions of SECTION 240-108 A of the Town of
Wappinger Code in that:
Luis Merchan, the owner ~f the property located at 107 Caroline Drive in the Town
. of Wappinger did not have a building permit for an (32' x 65') addition at the
above mentioned property. This construction constitutes a violation of Section
240-108 A of the Town of Wappinger Code. The owner also had their application #
24573 denied due to Zoning Laws which required variance approval.
Section 240-108 A states "No building or structure shall be erected, constructed,
enlarged, structurally altered or moved until a permit therefore has been issued by
the Building Inspector."
Section 122-20 GG of the Town Code Schedule of Fines states,- "Chapter 240
Zoning (1) 240-106.C. Fine: lit offense Minimum $50.00, Maximum $350.00 2nd
offense Minimum $350.00, Maximum $700.00 and 3rd an.d subsequent offense
. . Minimum $700.00, Maximum $1000.00 .
Upon information and belief, defendant was and is the [owner/tenant] of the
-property referenced above in the Town of Wappinger, and as such, was responsible
for the condition(s) described above.
Defendant has failed to abate or remedy the alleged violation(s) despite the
following requests to do so: A Notice of Violation was issued on February 9th,
2007. .
The foregoing factual allegations are based upon personal knowledge and/ or
information and belief: direct knowledge.
WHEREFORE. Appearance Ticket # 00942 was issued directing said defendant to
appear on the 10th day of April, 2007 at 5:30 PM in the Town of Wappinger Justice
Court.
TS MADE HEREIN ARE PUNISHABLE AS A CLASSI A MISDEMEANOR
CTION 210.45 OF THE NEW YORK STATE PENAL LAW.