01-7109
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TOWN OF WAPPINGER
ZONING BOARD OF APPEALS
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SUPERVISOR
JOSEPH RUGGIERO
ZONING BOARD OF APPEALS
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590-0324
(845) 297-1373
TOWN COUNCIL
VINCENT BETTINA
CHRISTOPHER J. COLSEY
JOSEPH P. PAOLONI
ROBERT L. VALDATI
January 23,2002
To: Gloria Morse
T own Clerk
From: Michelle Gale, Secretary
T own of Wappinger Zoning Board of Appeals
Re: Raymond F. Sabellico, J r.
Appeal No. 01-7109
Order to Remedy Violation (Fence) Case #01-9229
Attached you will find the original Application/Decision & Order
for Raymond F. Sabellico, Jr., 2336 Rt. 9D, Wappinger Falls, NY.
I would appreciate it if you would file these documents.
Attachments
cc: Mr. & Mrs. R. Sabellico, J r.
Zoning Board
Town File
T own Attorney
Building Inspector
Assessor
Zoning Administrator
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APPLICATION.TO ZONING BOARD OF APPEALS Appeal #
TOWN OF 'tV APPINGER, DUTCHESS COUNTY, NEW YORK . Date:
Fee:
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I (We) "Ko..ycoonJ. F ~ej\\co -S<z-. ,of
, (Name of Appe/lant(s) H - 04-": ."a.q 7 b~q I
ro'Oo)l 5b<6H~h~:D(YVtl\~ N~ t~c;37, 'IV ~ 1'45 ;;J:J~oq43
, (. iling 'Address) , ' (Tel. Nos. Home/Work)
HEREBY APPEAL'TO THE ZONING BO~ OF APPEALS FROM THE
DECISION/ACTION OF THE ZONING ADMINISTRATOR, DATED /0 /cX3 ,~O I
AND DO HEREBY APPLY FOR AN AREA V ARIANCE(S). "
: Premises located at ~33lc- 'Kwteq D ~me('\ 3~O'KkqD }~ "'h:Y;f)o; Il~ 11~
i (Address of Property)
I,AY t'vIltP -ti- 19i57-ol - (').;J..-:;-~q';- .
Ii (Grid Nos.) . (Zoning District) ,
'\ 1.. RECORDOWNEROFPROPERTYKQ'lffi~:~d -F, Subei.hCb JL.
! (Name)
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(Address) .
. OWNER CONSENT: Dated: 10/;1.'3/61
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p~n~d: ?~L1 Mend. F. /~uJoe.l\.c.oS~
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,i 2. V ARIANCE(S) REQUEST:
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VARIANCE NO.1
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A
V ARIANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONING
ORDINANCE. '
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(Indicate Article, Section, Subsection and Paragraph)
REQUIRED: ~()C e.- n b h)' ~ \) e. r -\--ho.. () ~ ,t+.
APPLICANT(S) CAN PROVIDE:_\ l' ~ II " '6ter r I' ()~ ,claw () 1-D q I 3 'J
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Town of Wappinger Zoning Board of Appeals :
. . Area Variance Application ;
Appeal No. () /:-71 Ocr
Page 2
THUS REQUESTING: V~, (' l a ()(l e +6 Sech~ (\ ~ ~ b , ~ \ r3 /d ')
. TO ALLO,W: loLl '~ec ~ o-\42e (Ie c:.- II' ~'jlj0 slepp (n'')
r;\ OLD f\ .~~ q I 3 · I +aJJ. -tt> ,l\-RJYY\ CA- \ C). Q... S e ('ec:-t~ c~
VARIANCE NO.2
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A
V ARIANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONING
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ORDINANCE. '
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(Indicate Article, Section, Subsection and Paragraph)
REQUIRED:
APPLICANT(S) CAN PROVIDE:
THUS REQUESTING:
TO ALLOW:
t.'-
REASON FOR APPEAL (Please substantiate the request by answering the following
questions in detail. Use extra sheet, if~ecessary): . SEe .4 IT,4 elf_cO
A. IF YOUR V ARIANCE(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.
B. PLEASE EXPLAIN 'WHY YOU NEED THE V ARIANCE(S). IS THERE ANY \V A Y
TO REACH THE SAME RESULT WITHOUT A V ARIANCE(S)? PLEASE BE
SPECIFIC IN YOUR ANSWER. .
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Town of Wappinger Zoning Board of Appeals
Area Vanance Application
Appeal No. 01-11 o~
Page 3
C. HOW BIG IS THE CHANGE FROM THE STANDARDS SET OUT IN THE ZONING
LAW? IS THE REQUESTED AREA V ARIANCE(S) SUBSTANTIAL? IF NOT,
PLEASE EXPLAIN, IN DETAIL, WHY IT IS NOT SUBSTANTIAL. .
D. IF YOUR V ARIANCE(S) IS (ARE) GRANTED, WILL THE PHYSICAL
ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT BE
INIP ACTED? PLEASE EXPLAIN, IN DETAIL, WHY OR WHY NOT.
E. HOW DID YOUR NEED FOR AN AREA V ARIANCE(S) COME ABOUT? IS YOUR .
DIFFICULTY SELF~CREA TED? PLEASE EXPLAIN YOUR ANSWER IN DETAIL.
4. LIST OFATT~CHl\1ENTS (Check applicable information)
( . ) SURVEY DATEp , LAST REVISED AND.
PREP ARED BY
( ) PLOT PLAN DATED
( ) PHOTOS
( ) DRAWINGS DATED
(''f) LETTER OF COMNfUNICA TION WHICH RESULTED IN ~~LICA TION TO
THEZBA. '
(e.g., recommendationfr.om the Planning Board / Zoning Denial) . / / .
LETTER FROM 'At-lG~f'\Q I-u~. i'Cl()t)~ ~ DATED: /6:23/0/.
LETTER FROM DATED: . .
(i ) OT~R (please list): A"Ql;)e r'::> -+0 JI"Ren ~ \') -I'D ,AfP i'Q \. " ~e
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Town of Wappinger Zoning Board of Appeals
Area Variance Application .
Appeal No. c0 f - 71 O~:
Page 4 i'
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I! 5.. SIGNATURE AND VERIFICATION .' .
I PLEASE.BE 'ADVISED THAT NO APPLICATION CAN BE DEEMED COMPLETE
: . UNLESS SIGNED BELOW.
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THE APPLICANT HEREBY STATES THAT ALL INFORMATION GIVEN IS
ACCURATE AS OF' THE DATE OF APPLICATION .
DATED: .zrl){ I- 0 I
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DATED:
SIGNATURE
(If more than one Appellant)
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1. THE REQUESTED V ARIANCE(S) ( ) WILL / ex) 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) / (>0 IS (4'IE) NO OTHER FEASIBLE METHODS"
AVAILABLE FOR YOU TO PURSUE TO ACHIEVE THE BENEFIT YOU SEEK OTHER
THAN THE REQUESTED V ARlANCE(S). .
3. THE REQUESTED AREA V ARIANCE(S) ( ) IS (ARE) / '(~ IS (Adm) NOT
. SUBSTANTIAL.
4. THE PROPOSED V ARIANCE(S) ( ) WILL / (~'WILL NOT HAVE AN ADVERSE
EFFECT OR IMP ACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN
THE NEIGHBORHOOD OR DISTRICT.
5. THE ALLEGED DIFFICULTY ( ) IS / rf..) IS NOT SELF-CREATED.
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TOWN OF WAPPINGER
ZONING DEPARTMENT
20 MIDDLEBUSH ROAD
P.O. BOX 324
WAPPINGERS FALLS, NY 12590-0324
TELEPHONE: (914) 297-6257
FAX: (914) 297-4558
CONSTANCE O. SMITH
Supervisor
TO\VN OF \V APPINGER
OFFICE OF THE ZONING ADMINISTRATOR
ORDER TO REMEDY VIOLATION
CASE # 01-9229
October 23, 2001
Raymond Sabellico
Hillside Lake Road
Hopewell Jct., NY 12533
PLEASE TAKE NOTICE there exists a violation of Section 240.21B(d) Town of
Wappinger.
(X) CODE OF THE TO\VN OF \VAPPINGER
( ) Town of Wappinger Building Ordinance
( ) Town of Wappinger Fire Prevention Ordinance
( ) NYS/ Uniform Fire Prevention and Building Code (9NYCRR)
( ) Local Law
at premises hereinafter described in that You have a fence over 6 ft. high at property
located at 350 Rt. 9D which does not comply with zoning regulations. Please remove
or request a variance. If you have any questions, please contact this office at 297-
6257.
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and
to remedy the conditions above mentioned forthwith on ur before Nov. 1 't, 2001.
The premises to which'this ORDER TO REMEDY VIOLATION refers are situated
at: 350 Rt. 9D Town of Wappinger, County of Dutchess as shown on TAX MAP
NUMBER 6157-01-025595.
FAILURE TO REMEDY the conditions aforesaid and to comply with the applicable
provisions of law may constitute an offense punishable by fine or imprisonment of both,
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BY: it!' l.{t/!,L ~, U/L[/!.d.i~L;.: .
Tatiana Lukiqnoff I t
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Zoning Administrator
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10/28/01
REQUEST FOR VARIANCE
RAY SABELLlCO
REASON FOR APPEAL
A. IF YOUR VARIANCE IS 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.
We think that our fence improves the character of the neighborhood. It is well made and attractive.
We feel it improves the view from Route 9D, from our yard and from our back door and porch.
The back entrance to our home is up one flight of stairs from the driveway because of the way the
property drops off at the back of our property. The fence needs to be high enough to block the
unsightly view ofthe garbage company behind our property.
There are no other residential properties affected by this issue.
We own an older home and have taken great pride in maintaining it well. We have also landscaped
our property in such a way to enhance its appearance. The fence was meant to be another
enhancement in a long line of renovations and improvements to the house and property. The fence
took nearly two years to complete and we built it ourselves.
B. PLEASE EXPLAIN WHY YOU NEED A VARIANCE. IS THERE ANY WAY TO REACH
THE SAME RESULT WITHOUT A VARIANCE? PLEASE BE SPECIFIC IN YOUR ANSWER.
There is a garbage storage facility behind our house. The view from our back door and porch is of
broken down trucks and dumpsters filled with debris. There is a lousy view, lack of privacy, a
great deal of noise at certain times and occasionally, odors in the summertime.
We have tried other things to remedy the problem. About ten years ago, we complained to zoning
but nothing came of it. We planted a row of white pine trees but they failed to grow because of the
very wet conditions at the fence line in spring and early summer.
C. HOW BIG IS THE CHANGE FROM THE STANDARDS SET OUR IN THE ZONING LAW?
IS THE REQUESTED AREA VARIANCE SUBSTANTIAL? IF NOT, PLEASE EXPLAIN, IN
DETAIL, WHY IT IS NOT SUBSTANTIAL?
The fence starts at II feet-8 inches tall where it is connected to our two-story garage and gradually
steps down to 9 feet-3 inches tall. The fence is 64 feet long.
D. IF YOUR VARIANCE IS GRANTED, WILL THE PHYSICAL ENVIRONMENTAL
CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT BE IMP ACTED? PLEASE
EXPLAIN IN DETAIL.
We don't think there is any environmental impact from the fence. It is already a very commercial
area with a busy highway and businesses.
REQUEST FOR VARIANCE
RAY SABELLICO
E. HOW DID YOUR NEED FOR AN AREA VARIANCE COME ABOUT? IS YOUR
DIFFICULTY SELF -CREATED? PLEASE EXPLAIN YOUR ANSWER IN DETAIL.
10/28/0 I
Our difficulty with the zoning is self-created. We did in fact build the fence and it does not meet
the zoning requirements. We had a 6-foot stockade fence that was falling down and needed to be
replaced. We took the opportunity to remedy our ongoing problem with the view in back of our
home. Ignorance of the zoning law is no excuse but it did not occur to us that we were doing
anything wrong. We think the fence is attractive. However, our difficulty with the view is not
self-created and we have tried other methods of addressing the problem with very little success.
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. 01-7109
Page 5
CONCLUSION: THEREFORE, IT WAS DETERMINED THE REQUESTED
VARIANCE BE ( X ) GRANTED () DENIED
CONDITIONS/STIPULATIONS: The following conditions and/or stipulation were
Adopted by resolution of the Board as part of the action stated above:
The Zoning Board of Appeals voted to GRANT the variance of 5 feet 8 inches for
height of fence.
( X ) FINDINGS & F ACTS ATTACHED
DA TED:
January 23, 2002
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
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BY:
t.. .(.. (.. L '-.. ,-./_
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(Chairman)
PRINT: Alan Lehigh
( Chairman)