08-7377
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TOWN OF WAPPINGER
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SUPERVISOR
CHRISTOPHER J. COLSEY
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ZONING BOARD OF APPEALS
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
(845) 297-1373
TOWN COUNCIL
WILLIAM H. BEALE
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
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September 10,2008
To: Chris Masterson
Town Clerk
From: Barbara Roberti, Secretary /~
Town of Wappinger Zonin'g ~~ard of Appeals
I
Re: Montgomery Decision
Appeal No. 08-7377
Attached you will find the original Application/Decision & Order for Willis
& Peggie Ann Montgomery, 9 Cayuga Drive, Wappinger Falls, NY., Tax
Grid No. 6157-02-545520. I would appreciate it if you would file these
documents.
Attachments
cc: Mr. & Mrs. Montgomery
Zoning Board
Town File
Town Attorney
Building Inspector
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 AreaVari,ance
Appeal #
{)g, 1377
Dated:
. (21.13 ~, ~t0t
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I(we)Rikitr ANN /1/"I,s 1 ~A-l v6-A- ::D,ei'Je-
, S"/I-; 'Is. ,. ~ ~J22-677~ (phone), hereby appeal
to t Zoning Board of Appeal fr.om the decision/action of the Zoning Administrator,
dated tJ 7-3 1- , 2ooL, and do hereby apply for an area variance(s).
Premises located at
Tax Grid # ~I S'~ ~ (J~ - .s-~r.r OJ.C)
Zoning District R - /0
,.
1. Record Owner of Property 54-ME
Add ress ...s 4- He-
Phone Number....s..-.&- -/'4 IE
Owner Consent: Dated:
Signature~tk-~
Printed: ~./t!! A-AlAJ '. :?: ~b./L~~~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.
(Indicat
r;;2. ft;. :3 '1
Ubdl.t!!5 and Paragraph)
Req u ired:
Applicant(s) can provide:
Thus requesting:
To allow:
TOW022.ZBA-AAV (4-03 Rev) I of4
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.
en 4-0.3 7
(Indicate Artic~ Section/ Sybsection Ad Paragraph)
Required: .;LI ~~
Applicant(s) can provJ1;~ "< - - If b
_ Thus requ~r~ ' _ \ - --0 _ Jy~ ~
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? P1e?lse explain your answer in detail.
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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.
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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.
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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.
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F. Is your .property unique in the neighborhood that is needs this type' of variance? Please explain
your answer in detail. .
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4. List of attachments (Check applicable information)
( ) Survey Dated , Last Revised and
Prepa red by
( ) Plot Plan Dated
( ) Photos
() Drawings Dated
() Letter of Communication which resulted in application to the ZBA.
(e.g., recommendation from the Planning Board/Zoning Denial)
Letter from Dated:
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 info rmation given is accurate as of the date of application.
DATED: ~~~
OATEO:J/ rlo r
I /
SIGNATURE
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
1. The requested variance(s) ( ) WILL / 6c) WILL NOT produce a,n undesirable change in the
character of the neighborhood.
( ) YES / (X) NO, Substantial detriment will be created to nearby properties.
2. There ( ) IS(ARE) / QC ) IS(ARE) NO other feasible methods available for you to pursue to
achieve the benefit you seek other than the requested varii:lnce(s). -
3. The requested area variance(s) ex) IS(ARE) / ( ) IS (ARE) NOT substantial.
4. The proposed variance(s) ( ) WILL / QC ) ,WILL NOT have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district. .
- S. The alleged difficulty (X) IS / ( ) IS NOT self-created.
6. The property ( ) IS / (X) IS NOT unique to the neighbor,hood.
Conclusion: Therefore, it was determined the requested variance
Be (x) GRANTED () DENIED.
Conditions/Stipulations: The following conditi,ons and/or stipulations were adopted by resolution
of the Board as part of the action stated above:
The ZBA has voted to grant an 18 foot rear yard variance to allow an 18 ft. AG pool
to remain. Where the code requires 25 feet to the rear yard the applicant could only
provide 7 feet.
Th~ 7RA h~Q ~lQn gr~nTPn ~ 7 1/7 ft v~r;~n~~ to the ~;de for the same pool. Where
1? f~PT Tn Thp Q;np ;Q rpqn;rpn, th~ ~ppl;~~nt: ~0111d only provide 9 1/2 ft.
( X) Findings & Facts Attached.
DATED: September 9, 2008
ZONING BOARD OF APPEALS
TOWN OF WA INGER, NEW YORK
J ;rChairmaQl-Y-,
f/rJw;tJeD " r~GE/C
BY:
PRINT:
TOW022.ZBA-AA V (4-03 Rev) 4 of 4
TOWN OF WAPPINGER
Code Enforcement Department
20 Middlebush Road
Wappingers Falls, N.Y. 12590
tel (845) 297-6256 fax (845) 297-0579
07/29/2008
MONTGOMERY, WILLIS
MONTGOMERY, PEGGIE A
9 CAYUGA DR
WAPPINGER FALLS NY
125900000
Grid Number: 89/6157-0"2-545520-0000
Site Address: 9 CAYUGA DR
A28481
ZONE: "~/O
Your APPLICATION A28481 for a permit to construct
A/G POOL 18' R x 52"H (EXISTING-2000) WITH ALUM POOL DECK REAR YARD
***ALSO, SEE EXPIRED 75-125 FOR ADTN*** (GRID ISDN SHELLEY'S DESK, WAITING FOR THIS APPLIC
TO COME IN) 6/24/08
is hereby DENIED on the basis of Section: 240-37 of the Town of Wappinger Zoning Law, which stipulates:
o
o
.
"Accessory Structures must comply with 'all minimum yard setback requirements for buildings,
but in no case shall they be permitted in the front yard."
"This zoning district has a front yard requirement of seventy-five feet (75') from a state or
County road."
Does NOT MEET bulk requirement for Zone.
REAR YARD:
SIDE YARD (LEFT):
SIDE YARD (RIGHT):
FRONT YARD:
SIDE YARD (LEFT):
SIDE YARD (RIGHT):
REO U IRE 0:
:IS: ft:
/:2- ft:
ft:
ft:
ft:
ft:
WHI\T YOU CA" p~:
ft:
ft:
ft:
ft:
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,
\ I
Tati / ukianoff
Zoning Administrator
Town of Wappinger
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r'- ~ ~ e IE II VII! [ij) OWN OF "V APPINGER BUILDING DEP ARTIHEN~'
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\ 20 Middlebush Road, vVappingers Falls, N.Y. 12590 _, ._y~
JUL 2 5 2008 ~ telephone: 845-297-6256 fax: 845-297-0579 /(:< \,
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R~6\Wr~F~r;~~~~PLICATION FO~ BUILDING PERMIT(,j ! .V)
APPLICATION TYPE: 0 Residential . ZON~: '. -/0 DATE: 7 -.;~;'-1 )iY
o New Construction O.Commercial APPL #. 2.!J<t'fll PERMIT #
o Renovation/Alteration 0 Multiple Dwelling' GRID: ~ !. '-)<7 -' ct}.. -' ..::;~.t15 5;.,zt) ,
APpiICAN~NAME: !l:&t:;/~ AJJJ,J'1- 'Iv}/~/ /5 . t:)~'Hl.t7<" " '.
ADDRESS:G;' "0#1/ v{;--A- Y~J't/~
TEL #: :297- t>71f?'i CELL:' ';'. FAX #: E-MAIL:
~~>1J g~l~ ~uri.DiJ'iGfLANn'Ji.&4:; E: )-AlAJ -y-W, J/; '5 !1&/J;bH'eJ<}
*PROJECTSITE ADDRESS*: . (?,4--:"U t-If ',../" /e-'. .' . /
MAILING ADDRESS: 1 (2/t..L "jZ" ,.'1ilt".e:;(5' J-.J/J:5!l . J;;SYi:)
TEL #: ;2 f 7-6'17 r CELL:. FAX tF:, E-MAIL:'
BUILDER/CONTRACTOR DOING WORK:
CaMP ANY NAME:
'ADDRESS:' .
TEL #; CELL:
DESIGN PROFESSIONAL NAME:
TEL #: CELL:
APPLICATION FOR: 1 r ~t:~t./:.}n c:
~:3\t){)) -
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SETBACKS: FRONT: JJ 1",- L-SIDEYARD: 1 t I R-SIJ>EY~: -3 I
SIZE OF STRUCTURE: 1h \t.;I!' r\ l.f~l::- (. , 'I \ .;< '\
ESTIMATED COST: ,;z () t1 - _ ~E OF Ii E: A!J f l!{Jl-- , ....
NON-REFUNDABLE APPL. FE!! rJirPAID O?/ ~ X' CHECK# '-:; /, ~3 RECEIPT #: ~) 8' - () 3' bY
BALANCE DUE: PAID ON: CHECK # RECEIPT #:
FAX#:
y 5;2 IIff
FIRE INSPECTOR:
o Approved 0 Denied Date:
Signature of Building Inspector
BUILDING PERMIT #
LOCAnON N 5
E W
HOUSE NUMBER LOT NUMBER
OWNER Of LAND .ht~
.eE~,OR.~ORNER.Lot .,
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TOWN. OF WAPPINGER
PLOT PLAN
. DATE '-045.-t)
DIRECTIONS:
1- DRAW STRUCTURE TO BE At
2- LABEL ITS DIMENSIONS
....' 3- LABEL SETBACKS WITH ARR
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STREEYA VENUE
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Sideyard HOUSE, Sideyard
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Nearest Street
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Neareat Street
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INDICATE LOCATION 01 WELL and SEWAGE SYSTEM
and THE" 'DIST ANCE. 01 EACH FROM HOUSE
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