00-7073
.'
TOWN OF WAPPINGER
P.O. Box 324
20 Middlebush Road
Wappingers Falls, NY 12590-0324
ZONING BOARD OF APPEALS
Telephone: (914) 297-1373
Fax: : (914) 297-4558
February 15,2001
To: Gloria Morse
Town Clerk
From: Michelle Gale, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Kevin Davis & Eileen Lithco
Appeal No. 00-7073
Attached you will find the original Application/Decision & Order for
Kevin Davis & Eileen Lithco, 41 Alpert Dr., Wappinger, NY.
I would appreciate it if you would file these documents.
Attachments
cc: Kevin Davis & Eileen Lithco
Zoning Board
Town File
Town Attorney
Building Inspector
Assessor
Zoning Aministrator
RECEIVED
FEB 1 5 ?rul'
TOWN CLERK
--~
AREA VARIANCE(S) APPLICATION
APPLICATION.TO ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK
Appeal # 00- 7 [) 7 3
Date: 11- II - 00
Fee: t:')(J .00
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I (We) /(;;-VlAJ fVJ. ])AIl/S +" bleeAl? LJ 11t co , of
11 Ii . (Name of APpellan'7 ~'
Ij/ i''efi ]l2/t//l.. ~.lr fJ /2S9o , (f'tf; .297-5553
(Mailing Address)' (Tel. Nos. Home/Work)
HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE
DECISION/ACTION OF THE ZONING ADMINISTRATOR, DATED 10 1/3 , 1:!t'O ()
AND DO HEREBY APPLY FOR AN AREA VARIANCE(S). 1-
Premises located at '1I!1LfF.RT ])~ ~ } lJA-({(?;fJ~fi~5 fR[c's , fJ Y /2rYo
/) (Address of Property) /
(,0<.57-0:2-719(,67 . . 70fJJN 0;= (dM~jIJG E K_
(Grid Nos.) (Zoning District)
1. RECORD OWNER OF PROPERTY
LS'A~r As It&U€
(Name)
(Address)
(Phone Number)
OWNER CONSENT: Dated:
, Signature:
Printed:
2. V ARIANCE(S) REQUEST:
VARIANCE NO. ]
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A
V ARIANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONING
ORDINANCE.
(Indicate Article, Section, Subsection and Paragraph)
REQUIRED: /0 I '0'",:.& ';r",aK- k-t ~ i
APPLICANT(S) CAN PROVIDE: 8 /
:~
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. 00 - 707..3
Page 2
THUS REQUESTING:
TO ALLOW:
1'~
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,
ORDINANCE.
-(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, ifnecessary):
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.
L1~c C~~/f"~~
B. PLEASE EXPLAIN WHY YOU NEED THE V ARIANCE(S). IS THERE ANY WAY
TO REACH THE SAME RESULT WITHOUT A V ARIANCE(S)? PLEASE BE
SPECIFIC IN YOUR ANSWER.
~~d
Town of Wappinger
Request for Variance
Property: 41 Alpert Drive
Wappingers Falls, NY 12590
Grid No.: 6257-02-749667
Prepared by: Kevin M. Davi~~Jri JJ.d and Eileen P. LithC~~q:.t~ e;u
#/~O \\ ~ \06
Attachment
REASON FOR APPEAL:
3A. If the variance is granted, there is no credible evidence that any character of the
neighborhood or nearby properties will change. The shed in question has been erected where it
currently stands for at least 24 years without incident. It is an attractive structure fitting in with
the appeal of the neighborhood and nearby neighbors structures.
38. A variance is needed because the structure has been physically erected, built mostly of
wood and a shingled roof and standing in a set place within the confines of our property lines
(copy of survey attached) for 24 years. To try and move this structure would be expensive,
potentially cause structural harm (due to shifting of wood beams) to the structure, potentially
create an unsafe structure for the five children living at this residence. In addition, moving the
shed would cause an unsightly hole, and patch of barren land that would blemish the serene and
well maintained neighborhood.
3C. The variance being requested is insignificant. It appears that the standards require such a
structure (shed) to be erected approximately 10 feet from property boundary. In this case
instance, the shed is 3-4 feet from boundary. From a reasonable perspective, no harm is caused,
no obstruction is caused, no impact to the environment is caused.
3D. If variance is granted, no conditions with the physical environment in the neighborhood
or District will be impacted. The shed has been in its current location for 24 years, well
maintained and presents an attractive visual sight to the property and adjoining property.
3E. The need for this variance request was created as a direct result of the our purchase of
property from previous owner, Howard Nisgor. Mr. Nisgor was the original owner of the
residence of 30 years. He erected the shed 24 years ago. Not until 3 weeks before the purchase
closing on property (Oct 11,2000) was this problem made known. Because of mortgage interest
rates, children moving to new schools and financial "CODSiderations, we could not rescind our
offer. Our only recourse was to continue with the closing and to try and remedy the problem by
requesting a variance.
","" .
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. .
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.
A<< ~ (J!;tM~/li
D. IF YOUR V ARIANCE(S) IS (ARE) GRANTED, WILL THE PHYSICAL "
ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT BE
IMP ACTED? PLEASE EXPLAIN, IN DETAIL, WHY OR WHY NOT.
cA~
(Jttad/hP?d
E. HOW DID YOUR NEED FOR AN AREA V ARIANCE(S) COME ABOUT? IS YOUR
DIFFICULTY SELF-CREATED? PLEASE EXPLAIN YOUR ANSWER IN DETAIL.
~ ~J0i1-
4. LIST OF ATTACHMENTS (Check applicable information)
c><) SURVEY DATED 0/.1.0/ flt, r .' LAST REVISED
PREP ARED BY Q/....e __L _ ~'4.t4..:> L; C S I .
( ) PLOT PLAN DATED
( ) PHOTOS
( ) DRAWINGS DATED
( ) LETTER OF COMMUNICATION WHICH RESULTED IN APPLICATION TO
THE ZBA.
(e.g., recommendationfrom the Planning Board / Zoning Denial)
LETTER FROM DATED:
LETTER FROM DATED:
J")OTHER(Pleaselist): QC(-\~"j~ ~'":)c:- ~\~~eJA\ - c~\~hc~\-\("~
~ ~<:'E'_~\-
AI/It
I
AND
"
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Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No.
Page 4
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
SIGNATU~/~ ~~~
(Appell nt)
SIGNAT~RE ~~. Jr1 Jii1M
, (If more than one Appellant)
DATED: \ \ -'1S - 00 '
DATED: //- 6-00
.....................................................................................................................
.....................................................................................................................
FOR OFFICE USE ONLY
1. THE REQUESTED V ARIANCE(S) ()<) WILL / ( ) WILL NOT PRODUCE AN
UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD.
(j) YES / ( ) NO, SUBSTANTIAL DETRIMENT WILL BE CREATED TO NEARBY
PROPERTIES.
2. THERE O() IS (ARE) / ( ) IS (ARE) NO OTHER FEASIBLE METHODS
AVAILABLE FOR YOU TO PURSUE TO ACHIEVE THE BENEFIT YOU SEEK OTHER
THAN THE REQUESTED V ARIANCE(S).
3. THE REQUESTED AREA V ARIANCE(S) ~) IS (ARE) / ( ) IS (ARE) 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 rj.:) IS / ( ) IS NOT SELF-CREATED.
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. 00-7073
Page 5
CONCLUSION: THEREFORE, IT WAS DETERMINED THE REQUESTED
V ARIANCE BE ( ) GRANTED ( X ) 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 against this variance, based on the large percentage
this would need a 70% variance to keep shed where it is. The Zoning Board adivsed
the applicant to move the shed within the required setback of 10' from property line.
(X') FINDINGS & FACTS ATTACHED
DATED: ~i. /~; dOt) /
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
By%;t; /~
(Chairman)
PRINT: VICTOR F ANUELE
(Vice Chairman)