99-7023
TOWN OF WAPPINGER
P,O, Box 324
20 Middlebush Road
Wappingers Falls, NY 12590-0324
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ZONING BOARD OF APPEALS
Telephone: (914) 297-1373
Fax: : (914) 297-4558
To:
Ms. Elaine Snowden
Town Clerk
Christina DiPaola, Secretary (:,)0
Town of Wappinger Zoning Board of Appeals
From:
Re:
Original Application / Decision
John & Elizabeth Coleman Appeal No. 99-7023
Date:
September 29,1999
Attached you will find the original application / Decision & Order for John & Elizabeth Coleman
Appeal No. 99-7023. I would appreciate it if you would file these documents.
CC: Mr. & Mrs. Coleman
Zoning Board
Building Inspector
Fire Inspector
Assessor
Town Attorney
Town File
RECEIVED
SEP So ..
ELAINE s~_
l'OWN : .""QUEH
ClER#(
RECEIVED
..
AREA V ARIANCE(S) APPLICATION
I
,
SEP 3 0 1999
\
ELAINE SNOWDEN
TOWN CLERK
Appeal # QQ-'lO;;]3
Date: '7/20lqQ iJ
Fee: . 45... + ,,~ c9J
ReceIpt rgv~ tdl
APPLICATION TO ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I (We) JOHN r.OT,F.MAN ;::lnn ELIZAEETH COLEMJl.N ' of
(Name of Appellant(s) , hi 896-8322 _ ' . q ~
7 Pph:"rs Rd Hopewell Jct., NY 12533 ' ,.,.,-# Drt? M1~ J-d-x: It- P;CJ7..3 1
(Mailing Address) el. os. ome/Work)
I
HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE I
DECISION/ACTION OF THE ZONING ADMINISTRATOR, DATED .Tun!,,!1 ?? , 1~
AND DO HEREBY APPLY FOR AN AREA V ARIANCE(S).
Premises located at
7
(Address of Property)
(Grid Nos.)
1. RECORD OWNER OF PROPERTY JOHN COLEMAN and ELIZABETH COLEMAN
(Name)
7 P!"!ters Road h) 896-8322 ,
(Address) (Phone Number)
OWNER CONSENT: Dated: 7(18/99 Signature:. ~ G~
P. d '-.:? .
nnte: ,Jonn r.ol~m~
~. -- I .
2. VARIANCE(S) REQUEST: El~co'leman
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.
Section 420.3 for 18' above qround pool wi 10x14 deck
(Indicate Article, Section, Subsection and Paragraph)
REQUIRED: 50' rear setback
APPLICANT(S) CAN PROVIDE: 15' rear setback
1n~~[JNG: waiver of 35' of clearance
AUG 05 1999
PLANNING & ZONING
~[E[Q)
JUL'l;j 1999
ZONI~~NISTRATOR
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. C(tI-1{):;...a
Page 2
TO ALLOW: 15' setback from rear of property
fR1~~~ttW~[DJ
JUL 1 ~ 1999
VARIANCE NO.2
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS F~~~NG ADMINISTRATOR
V ARIANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONING
ORDINANCE.
Section 420.3 (for 18' above qround pool w/10x14 deck)
(Indicate Article, Section, Subsection and Paragraph)
REQUIRED: 25' setback for side yard
APPLICANT(S) CAN PROVIDE: 19 I clearance from side
THUS REQUESTING: waiver of 6' of clearance
TO ALLOW: 19' setback from side yard
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.
The character of the neiqhborhood will not change as
nei hbors on both sides have pools and decks on basically
the same size lot. This pool and deck were Ins a e on
our property over twelve years ago.
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.
We need the variance because we only recently beca~e aware
of the necess I ty at a c. u. r or an above gL UUHJ tJuul. 'flH~
property size due~ HUt. ctlluw fur. lIte required setbac](o
. b' Q I
alLd wiLl.out the varIance ;::t C.O. c;::tnnot 9 lSSUQ :
REeEtVEf)-
.
AUG 05 1999
PLANNING & ZONING
"
Town of Wappinger Zoning Board of Appeals
Area Variance ApRlication
Appeal No. f9-'jo23
Page 3
C. HOW BIG IS THE CHANGE FROM THE STANDARDS SET OUT IN TH~ ZONING
LAW? IS THE REQUESTED AREA V ARIANCE(S) SUBSTANTIAL? IF NOT,
PLEASE EXPLAIN, IN DETAIL, WHY IT IS NOT SUBSTANTIAL.
Chans;res requested a rp- not. sllhst rlnt ; rl 1 WP rl rp rP'111pst ing
a varianrp- of ~~, for TnP rp~r and only 6' for the side
Thp- propprTY rlS itt9 conform5 with adjoining n~ighbor~
with similar pools and decks.
D. IF YOUR V ARIANCE(S) IS (ARE) GRANTED, WILL THE PHYSICAL
ENVIRONMENT AL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT BE
IMP ACTED? PLEASE EXPLAIN, IN DETAIL, WHY OR WHY NOT.
The physical environmental conditions of thp- np-ighborhood
will not be impacted. This pool and deck has been in
existence for twelve years.
E. HOW DID YOUR NEED FOR AN AREA V ARIANCE(S) COME ABOUT? IS YOUR
DIFFICULTY SELF-CREATED? PLEASE EXPLAIN YOUR ANSWER IN DETAIL.
Wp- rprpnt 1 Y fnllnr'l nnt CJ C 0 i 5 reql1 ired for abo~T~ gro11nd
pools ~ r'lpr~ ~nr'l ar~ trying to obtain a COin ord~r to
be in compliance with Town Codes.
4. LIST OF ATTACHME~TS (Check applicable injrmatiOn)
( J/O SUfVIY tllIlI; IA6 k.
( ) SURVEY DATED , LAS REVISED AND
PREP ARED BY 0 (0 ~ DSJJ ~ ill)
(v)PLOTPLANDATED ~/L(/H WdIE.
/ JUL 1 ~ 1999
( ) PHOTOS
( )DRAWINGSDATED
ZONING AOM'NISTRATOR
( v1iETTER OF COMMUNICATION WHICH RESULTED IN APPLICATION TO
THE ZBA.
(e.g., recommendation/rom the Plzming Board / Zoning Denial)
LETTER FROM 2 OAJ ,If.) Cr r./f!' DATED: Uz- 2, Jet?
LETTER FROM DATED:
(v(OTHER (please list):
ED
tJG u 5 1999
r')! -,
. Uil~lmVG & ZONING
. .
Town of Wappinger Zoning Board of Appeals
Area Variance Ap lication
Appeal No. 'f/---{))3
l 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~ ~ ~. ~~ DATED:
'P. llant)
'L .- \'8,- ~9.
-
SIGNATURE~~DATE~-(g I f'72'7
(If ore than one Appellant)
.....................................................................................................................
...... ... ...... ... ............. ......... ..... ... ... ... ..................... ...... .................. ..................
. FOR OFFICE USE ONLY
1. THE REQUESTED V ARIANCE(S) ( ) WILL / '}J) WILL NOT PRODUCE AN
UNDESIRABLE CHANGE IN THE CHARACTER C/F...THE NEIGHBORHOOD.
( ) YES / ("'NO, SUBSTANTIAL DETRIMENT WILL BE CREATED TO NEARBY
PROPERTIES.{'
2. THERE ( ) IS (ARE) / N IS (ARE) NO OTHER FEASIBLE METHODS
A V AILABLE FOR YOU TOPURSUE TO ACHIEVE THE BENEFIT YOU SEEK OTHER
THAN THE REQUESTED V ARIANCE(S).
3. THE REQUESTED AREA V ARIANCE(S) Y IS (ARE) I ( ) IS (ARE) NOT
SUBSTANTIAL. 't\
4. THE PROPOSED V ARIANCE(S) ( ) WILL / >v<' WILL NOT HAVE AN ADVERSE
EFFECT OR IMP ACT ON THE PHYSICAL OR E~RONMENT AL CONDITIONS IN
THE NEIGHBORHOOD OR DISTRICT. [ffi ~ ~ ~ ~ WI ~ II))
5. THE ALLEGED DIFFICULTY~ ) IS / ( ) IS NOT S,a.LF-CREATED. JUL 1 ~ 1999
. 'K HECEIVED
AUG 05 1999 ZONING ADMINISTRATO
PLANNING & ZONING
Town of Wappinger Zoning Board of Appeals
Area Variance Ap lication
Appeal No. .., bJ.--3
Page 5
CONCLUSION: THEREFORE, IT WAS DETERMINED THE REQUESTED VARIANCE
BE (~GRANTED ( ) DENIED. . I
CONDITIONS/STIPULATIONS: The following conditions and/or stipulations were adopted
by resolution of the Board as part of the action stated above:
On ~pprpmhpr ?R,lqqq, rhp Ro~rn gr~nrpn 1~ foor rp~r ~prh~~k v~ri~n~e
for a above ground pool. whereas 50 foot rearvard setback is required.
Board granted a lq foot ~ide yard Reth~~k variance for a deck. whereas
side yard setback is reuired. The applicant must get a building permit.
The
25 foot
( ) FINDINGS & FACTS ATTACHED.
DATED: ~pprpmhpr?q, 1999
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY:
II~
PRIN
(Chairman)
Joseph H. Prager
SWORN TO BEF~ ON THIS
~DAYOF ,1998
~W~ t1 ~AJM.J&
(Notary Public)
NmL~~~~tW~L
NO. 14-3753190
qUALIFIED IN DUTCHESS COUNTY
'. UMMt5Sl0N EXPIRES JAN..3.L. ;-19-.~O
RECEIVED
,
AUG 05 1999
ll.ANNING & ZONING