08-7384
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TOWN OF WAPPINGER
ZONING BOARD OF APPEALS
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
(845) 297-1373
November 18,2008
RECE,\\lED
NO'~ \ 9 2006
-rOWN CLE.RK
To: Chris Masterson
Town Clerk
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Acosta Decision
Appeal No. 08-7384
SUPERVISOR
CHRISTOPHER J. COLSEY
TOWN COUNCIL
WILLIAM H. BEALE
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH p, PAOLONI
Attached you will find the original ApplicationlDecision & Order for Juan
& Magdalena Acosta, 2 Baldwin Drive, Wappinger Falls, NY., Tax Grid No.
6258-04-568061. I would appreciate it if you would file these documents.
Attachments
cc: Mr. & Mrs. Acosta
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 N Fax: 845.297.4558
Zoning Enforcement Officer
Office: 845.297.6257
www.townofwappinger.us
Application for an Area Variance
Appeal #
fJt>- 73ef"
.
Dated:
J6JI~/6t
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I(We),~U. LA residing at tJ L6oldV-.); r1,-~{. L0l^Cl,5,NY
J ~ ~qD ,~-63C 2.1 7~ (phone), hereby appeal
to the Zoning Board of Appeals from the decision/action of the Zoning Administrator,
dated , 2001, and do hereby apJJly for an area variance(s).
. ~
Premises locateq at
Tax Grid # (OJ-
Zoning District
1. Record Owner of Property :\::~
Address
Phone Number _-_
Owner Consent: Dated:
Slgnature:&~~
Printed: 41 . Z^
,
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.
d1O~37
(Indicate Article, Sectio , S~br~ction and Paragraph
Req u ired:
Applicant(s) can provide: . I .
Thus requesting: 22-'
To allow:
TOW022.lBA-AA V (4-03 Rev) I of 4
,
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No.
Van e No.2
I(We) her apply to the Zoning Board of Appeals for a variance(s) of the fo
requirements 0
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.
~~~%,~-\rWb~ VY) ~~ wh~1J
~ . ..
. .
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.
J6 t:rop ~ ~~t4 dee-k.
C. How big is the change from the standards set out in the zoning law? Is the requested area
variance(s) substantial? If no~easeeXPlaln, 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 pr district be impacted? Please explain, in detail, why or why not.
~5~ ~4JjbPb~~~)1J~~QCJ:fi -h ~P-Vlnj
TOW022.ZBA-AAV (4-O3 Rev) 2 of4
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.
~nJ;tl.z1.ill~ kfJ diel r: rc'rdNA ekcK o.fld
F. Is your property unique in the neighborhood that needs this type of variance? Please explain
your answer in detail.
tlo J is Ilo}- U()/ql/Q, buJ if &% llf). ~;s/tilj tied
4. List of attachments (Check applicable information)
( ) Survey Dated ~I } qt , Last Revised
Prepared by I
and ..
() Plot Plan Dated
() Photos
() Drawings Dated
( )
J~
() Other (please list):
S. Signature and Verification
Please be advised that no application can be deemed complete unless signed below.
The applicant he~ states that all information given is accurate as of the date of application.
(, V ~
SIGNATURE ~ U DATED: 1r/;6
~ (Appellant) -L ~
SIGNATURE 0 Q::;/A DATED: /~ /~~.,
ore than on 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
1. The requested variance(s) ( ) WILL / ec ) WILL NOT produce an undesirable change in the
character of the neighborhood.
( ) YES / ( ~ 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) / ( ) 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 6c ) IS / ( ) IS NOT self-created.
6. The property ( ) IS J (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 ZBA has voted to grant the variance for an existing deck. Where the code states
they need 40 feet to the rear yard for the deck, the applicant could only provide
18 feet to the rear for the existing deck. Thus a 22 feet variance for the rear
yard setback is granted.
(X) Findings & Facts Attached.
DATED: November 18, 2008
ZONING BOARD OF APPEALS
TOWN OF W PPINGER, NE
--.
BY:
PRINT:
. }-Chairman
I~;v/r;w ?~~
TOW022.ZBA-AA V (4-03 Rev) 4 of 4
r- PRdJECT 10 NUMBER
I
617.20
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
(To be completed by Applicant or Project Sponsor)
t~ 2.PROJECT NAME ~
SEQR
PART 1 . PROJECT INFORMATION
3.PROJECT L~nON'
Municipality fA.)
4. PRECISE LOCATION: Street Addess and Road
~
County
Intersections. Prominent landmarks ete - or provide map
5. IS PROPOSED ACTION:
New D Expansion 0 Modification I alteration
6. DESCRIBE PROJECT BRIEFLY:
/ ~/K IJ-110 If ./)eLJL
'f
1'\.
7. AMOUNT OF LAND AFFECTED:
Initially acres Ultimately acres
8. WILJ.. PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
~Yes D No If no, describe briefly:
~T IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
I2SI. Residential 0 Industrial 0 Commercial DAgrlculture D 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 (F~, State or Local)
Dyes Lfl 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 ~ If yes, list agency name and permit I approval:
LT OF PROPOSED ACTION W1LJ.. EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION?
No
CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Date:
/6 /~ ~f
If the action Is a Costal Are ,and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
07/29/2008
ACOSTA, JUAN A
ACOSTA, MAGDALENA S
2 BALDWIN DR
WAPPINGER FALLS NY
125900000
A28440
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TOWN OF WAPPINGER
Code Enforcement Department
20 Middlebush Road
Wappingers Falls, N.Y. 12590
tel (845) 297-6256 fax (845) 297-0579
Grid Number: 89/6258-04-568061-0000
Site Address: 2 BALDWIN DR
ZONE: I3-J{)
Your APPLICATION A28440 for a permit to construct
EXISTING SHED 13' X 10' & REAR DECK ON HOUSE EXTENDED 16' X 15' 10"
is hereby DENIED on the basis of Section: 240-37 of the Town of Wappinger Zoning Law, which stipulates:
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." ..
o "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. COcci('
REAR YARD:
SIDE YARD (LEFT):
SIDE YARD (RIGHT):
FRONT YARD:
SIDE YARD (LEFT):
SIDE YARD (RIGHT):
REO U)tR E D:
. .? ft.
ft:
ft
ft
ft:
ft:
WHAT YOU CAN PR~DE:
,~ ft:
ft:
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,
Tatiana Lukla.
Zoning Administrator
Town of Wappinger
. .
\
TOWN OF WAPPINGER BUILDING DEPARTMENT
20 Middlebush Road, Wappingers Falls, N.Y. 12590
telephone: 845-297-6256 fax: 845-297-0579
.~A-
APPLICATION FOR BUILDING PERMIT
APPLICATION TYPE:. .iesldentlal ZONE: f!:'~J DATE: -:UII/ 0 1('
o New Construction o Commercial APPL #: ,-<! X 4. ' PERMIT #
o Renovati~n/Alteration'.<? Multiple Dwelling .' GRID:'2.'o.J G,.~ 5't -04 -.sl~~ 0 L,' - DaO
. ~:::S:~SAM~'i~~ b4-tucSb N~' 129/0
TEL #:( ~ '1:>2--2 \'jtb CELL: FAX #: E-MAIL:
" ,
~P::E:::::~~:':N~A~dJ:~ ,~~f\-~.<7)b
MAILING ADDRESS: ~ ft~
TEL #: . .' CELL: . . FAX #: . 'E-MAIL:
, '
BUILDER/CONTRACTOR DOING WORK:
COM'p ANY NAME:
ADDRESS:
TEL #: CELL:
DESIGN PROFESSIONAL NAME:
TEL #: CELL:
FAX#:
E-MAIL:
FAX#:'
E-MAIL:
APPLICATION FOR: s~d -t.. ;be.f'~ ~'ta()fl (.G""XfS:--1/I\J<iJ
/0) ')( /31 ~ /&' X/SJ /tJ"
I ;>' I
SETBACKS: FRONT: REAR: 12. L-SIDE~ARD: . I ~ . R-SIDE,:" ARD: 'f I
SIZE OF STRUCTURE: :SM~ h 1(;; K /3 t '6 ~)EC!I( Ie. f XIS" /t/"
ESTIMATED COST: TYPE OF USE:
NON-REFUNDABLE APPL. FEE~g leD PAID ON: 7 -II-U(;IECK # :37:J.
BALANCE DUE: P AID ON: CHECK #
APPROVALS: '7}P/'..fC- ~ ~tftuI-
ZONING ADMINIST&()R;' ~~ FIRE INSPECTOR:
o Approved enied D e: 1'1 'lJr;; 0 Approved 0 Denied Date:
-- ,
I
C~'dC~ ~ c;2:/k'-
--'Signature of Applicant
RECEIPT #:1< (1 r- :ftJ Y
RECEIPT #:
Signature of Building Inspector
SIDE
TOWN. OF WAPPINGER
PLOT PLAN
. DATE --2/ Ii J Q!
~'tlL0\(\ :Dr STREEj/AVENUE
DIRECTIONS:
1- DRAW STRUCTURE TO BE AI
2. LABEL ITS DIMENSIONS
3- LABEL SETBACKS WITH ARR
~ .
BUILDING PERMIT #
LOCAnON . N S
E W
HOUSE NUMBER (~ LOT NUMBER
OW~ER OF .LAND ~u Cf1 ~'\'V~c~\r_l Dn~
.INTERIOR OR CORNER LOT' CJ')f 1\ o.l ~
REC. VOL.
Frroi1r~
,,'ZONE' ;2-f}o
PAGE
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DENIED .
ZONING ADMINISTRATOR
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Rear Yard
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Sideyard
HOUSE
Sideyard
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of
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Set Back
, ft.
Ne.reat Street
ft.
it{ s-. " ft. frontage
1
Near;t Street
~4 ft.
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INDICATE LOCATION DE WELL and SEW AGE SYSTEM
and THE~ 'OIST ANCEo of EACH FROM HOUSE
10 aJ.d v~ 'I [).~(
STREET
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Information
Supplied by
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