99-7019
,.
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
To:
Ms. Elaine Snowden
Town Clerk
'11'
l.
X.
From: Linda Nguyen, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Original Application / Decision
Dean & Colleen DiPietro - Interpretation No. 99-7018 & Appeal No. 99-7019
Date: August 2, 1999
Attached you will find the original application / Decision & Order for Dean & Colleen DiPietro -
Interpretation No. 99-7018 & Appeal No. 99-7019. I would appreciate it if you would file these documents.
cc: Mr. & Mrs. DiPietro
Zoning Board
Building Inspector
Fire Inspector
Assessor
T own Attorney
Town File
RECI!IVED
AUG 0 2 1999
ELAINE SNOWDEN
TOWN CU?RK
~ 'C r ''',' ! ',." ! . ' , 'r 1 S [OJ
~ l\,J L~" 1-: \~'ii tel I- ~
JUN ~ 4199B
ZONING ADMINISTRATOR
Appeal # qq - laiR
Date: f'h,q jqq
Fee: ~~~o
Receipt ~ 71
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I (We) UJI'J flL (1vY\d Co I (,peJ"\ n; PI'~i rO , of
(Name of Appellant(s), ' % liDO
:5;( 4rl1 herst L6()~ u)a{.)p)~pr !;j/S, }JY 1).590 JD; 7- 8'-/!;O PP--~ - i,Ur:-
(Mailing Address)' (Tel. Nos. Home/Work)
INTERPRETATION APPLICATION
APPLICATION TO ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK
HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION/ACTION OF
THE ZONING ADMINISTRATOR, DATED JV.h()./ II?, l~AND DO HEREBY APPLY FORAN
INTERPRETATION.
Premises located at 3~ f}~ /fUL
(Address of Ijroperty)
CoO 5'7,0'-/. 7 g.(P4J-1 - KJ020
(Grid Nos.) (
(Zoning District)
1. RECORDOWNEROFPROPERTY !-'~ +Co~ DAPt.dMJ
. (Name)
3d.- A~ I~ CL-Yl 1) J /) )(1 f>(J.UYL7r;j 1-0>> JJ( d.-CJ 7 - 8'150
(Address) (Phone Number)
OWNER CONSENT: Dated: 6/:<'(/99 Signature: l1~L).L> ,~
Printed: tJ~cv1.4. LJ. ;5!'eI/d
2. INTERPRETATION REQUEST
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR AN INTERPRETATION OF
THE FOLLOWING REQUIREMENTS OF THE ZONING ORDINANCE.
~
:S~ t),3 ~
(Indicate Article, Section, Subsecti and Paragraph)
3. REASON FOR APPEAL (Please explain in detail. Use extra sheet, ifnecessary):
1/..)1- M1J. c1 U rL.:;bA~ (~d- t.IcL +/IIJftj- at oM
1}J(J7L.Qi . &:; ~ w~ (liLAA.--- fu;f {.I-(J /.L./^-_ a);(fV'e- j1t1'K/Kd
pMi l~ OJ/A l~JlJ
'::1 ~~WJ
L_ I _
.~. '.' I "
~ ",j~ 2 '1: 19~j
Zoning Board of Appeals
Interpretation Ap~lication
Appeal No. Y1- 'JO/!
Page 2
REASON FOR APPEAL CONTINUED
.. AOMINIS"
4. LIST OF ATTACHMENTS (Check applicable information)
( vGUR VE,Y DATED 6fr; \ 17{ I g ~ ~LAST REVISED
BY ej',rd)~ f~c.TDJZlI-r--DS .
AND PREPARED
( ) PHOTOS
( ) DRA WINGS DATED
( ~ETTER OF COMMUNICATION WHICH RESULTED IN APPLICATION TO THE ZBA.
(e.g., recommendation from the elqnning Board I Zoning Denial) ~r. Q [/( ,{
LETTER FROM (nC;LA.!-, cf;'-eP JJ.e1vrnt?VY\...,/fI.../ DATED: _1-C I (~, / h I
LETTER FROM DATED: \.
( v10THER (please list): Budd,;,J
?.J.~i' ?}~
~d #rJ/7Q70
( ((,~/c1~
{] 1{ I
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 ,
SIGNATURE ~o/~ ~ /::}.i?a-nATED:
(Appellant)
SIGNATURE f&.>>.NA'- 71'i?~
(If more than one Appellant)
DATED:
~ - d-( - c; 1
Zoning Board of Appeals
Interpretation Application
Appeal No. 9c;-?o/f
Page 3
.......................................................................................................................................
.......................................................................................................................................
FOR OFFICE USE ONLY
CONCLUSION: THEREFORE, IT WAS DETERMINED THE ZONING BOARD OF APPEALS
(20) UPHELD ( ) REVERSED THE ZONING ADMINISTRATOR'S PREVIOUS
DECISION.
CONDITIONS/STIPULATIONS: The following conditions and/or stipulations were adopted by resolution of
the Board as part of the action stated above:
On .July 27, 1 qqq, the Board lI:Iade a motion to u?hold the Zoning Administrator's
determination. See attached minutes page 1&2.
Also see attached area variance No. 99-701~ which was withdrawn by the applicants.
( ) FINDINGS & FACTS ATTACHED.
DATED: August 2. 1999
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, W YORK
BY:
PRINT:
SWORN TO BEF~. ME ON THIS
~YOFJ~_ ,1998
11.). 0 W 'fYv~'t
(Notary Public)
[ffi ~ (0 ~ ~W~ ill)
Nor~l!'PVBINE H. SNOWDEN
uc, 8TATIl OF N!lWYOR.K
NO. 14-3753190
QUALIFIED IN DUTCHESS CQUNTY
:.1Y COMMISSION EXPIRES JAN.....1::._. , hh~.
-...w. a 0
JUN ;;:; 4 1999
ZONING ADMINISTRATOR
AREA V ARIANCE(S) APPLICATION
\
Appeal # 71.rf
Date: ~ f
Fee: . (JI)
Receipt /; 1)
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)~. {L...cc1 Q~ 0", PLP~ D .' of
Il ~ (Name of Appellant(s) '. 'I. () q . 0 wt
3;L (~/PAAlj- ,~t1A'to/ U)~-;t'Jt<:J d- 7-8150 f5f!-CJ.d-fo-I/O
(Mailing Address) (Tel. Nos. HomelWork)
2. VARIANCE(S) REQUEST:
HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE
DECISION/ACTION OF THE ZONING ADMINISTRATOR, DATED
AND DO HEREBY APPLY FOR AN AREA V ARIANCE(S).
Premises located at 3;t ~ ~~ Q___
(Address ~ froperty)
(.0657.04. '78f:oti;){ - ts./d=D
(Grid Nos.) (Zoning District)
1. RECORDOWNEROFPROPERTY~~_ ~ C~ l:1pj-tl)
n J -+ . f];:/~me)
3;t l~ ~ 11)Gf2f)~4^2U'. ~ ;2Q7-gtfSO
(Address) (Phone Number)
L t L). .D~-/,--
OWNER CONSENT: Dated: iP,'J' 'T1 =~~:re: O~"'~. .a. ?~
\
[ffi ~:~ [E ~ \00 ~ ill}
,19_
VARIANCE NO.1
JUN 2 4 19~9
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A ·
V ARIANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONING. STRAJOR
ORDINANCE. ZONING ADMiN!
aAtLclQ, 4 ~ LfdJ)./ *'1D
(Indicate l.KAicle, Section.-.SubsecJion .r:HJd Paragraph)
t{cceSs,ory.::it-rUCfUve ~
REQUIRED: ~ S ~ .' J
:~~I~:~~~r::PRO~ID3d~ t:~~ ~~YClt:d f~~r#:m
~o.J.
c~
TO ALLOW: y
VARIANCE NO.2
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPE FOR A
V ARIANCE(S) OF THE FOLLOWING REQUIREMENTS HE ZONING
ORDINANCE.
(Indicate Article, Section, Subsecti
lffi~~
REQUIRED:
APPLICANT(S) CAN PROVID
THUS REQUESTING:
TO ALLOW:
JUi~ G 4 1999
lONING ADMINISTRATOR
3. REASON FOR APPEAL (Please substantiate the request by answering the following
questions ill 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.. ~ I .
NO. Y I/JJJ ~ ~_ _ 7/C( fJCdUA.C
tM 0 tutfl ./JtIJ7 fu. . /) 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. .
,~. ~ tr~ f;,'1~:31: IOI~ ~ ~~I "Y\ <;;; ot-
7~~r-t~()~ e. r .~ u... ()ol (Gtn ; fr --e.-
,
Town of Wappinger Zoning Board of Appeals
Area Variance A) lication
Appeal No. -1bt
Page 3
C. HOW BIG IS THE CHANGE FROM THE STANDARDS SET OUT IN TH~ ZONING
LAW? IS THE REQUESTED AREA VARIANCE(S) SUBSTANTIAL? IF NOT,
PLEASE EXPLAIN, IN DETAIL, WHY IT IS NOT SUBSTANTIAL.
T 0)LllAw.Jc C- (y~~' t~o (7-yL~
~Q.JL t
D. IF YOUR V ARIANCE(S) IS (ARE) GRANTED, WILL THE PHYSICAL
ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT BE
IMP ACTED? P~EASE E~PLAIN, IN DEI AIL, WHY OR ~Y NOT., ,(
NO 1-11 , s. U..J> II n b t cI~(j e... C 117fh I "j'" n:e. clbk r J,ov'
E. HOW DID YOUR NEED FOR AN AREA V ARIANCE(S) COME ABOUT? IS YOUR
DIFFICULTY SELF-CREATED? PLEASE EXPL. AIN JOUR ANSWER IN DETAIL.
~O GLut ~ '1.~dw ~ rt: .~
a>>JIJ , (). . 0&' . - to ' . tu (0 :;.L(J
~ 'I/A...t ~ IA &,C
4. LIST OF ATTACHMENTS (Check applicable information)
(v1'SURVEY DATED '+//1/ q i
PREPARED BY
r.f ) PLOT PLAN DATED 0117/q~
( ) PHOTOS
, LAST REVISED
AND
r.~!, ~ ~ re h "n Ie f[)l
" '--' Ll-.:J \"~ L; U \V/ U; iJ:lj
JUN ~ 4 bj9
( ) DRAWINGS DATED ZONING ADMINlS"~,'...nOR
(J ) LETTER OF COMMUNICATION WHICH RESULTED IN APPLICATION TO
THE ZBA.
(e.g., recommendatio!zfrom the p. Ja1,Ulijlg Board / Zoning Denial)
J( ;..l/ ,'.. ;J ( 1 G 0 I1j
LETTER FROM f'()D/l/l"--' :~J\,A..l'.A~Q..'yv'r- DATED: 1/ - ( '6' /'
LETTER FROM DATED:
(J)OTHER(PleaseIlSI): 6~~ 9~ MOl1Q1o
Town of Wappinger Zoning Board of Appeals
Area Variance Application .
Appeal No. CjtJ-?Dly
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
SIGNATURE 5)-ee.. cz j'J ' h:;;;:;~.r DATED:
(Appellant)
ok~P
/
SIGNATURE
(J{dI;o ~ <-2xf?o~
(If more than one Appellant)
DATED:
~/;)./ /q 1
.
......... ......... ..................... ...... ... ...... ... ... ...... ......... ... ...... ...... ...... .....................
...... ... ......... ... ... ... ....... .............. ... ...... ... ..... .... ... ...... ............. ..........................
. FOR OFFICE USE ONLY
1. THE REQUES D V ARIANCE(S) ( ) WILL / <' ).WILL NOT PRODUCE AN
UNDESIRABLE ANGE IN THE CHARACTER 01<' THE NEIGHBORHOOD.
( ) YES / ( }NO, S
PROPERTIES:
T ANTIAL DETRIMENT WILL BE CREATED TO NEARBY
2. THERE ( ) IS (ARE) / ( ) IS ( ) NO OTHER FEASIBLE METHODS
A V AILABLE FOR YOU TO PURSU 0 ACHIEVE THE BENEFIT YOU SEEK OTHER
THAN THE REQUESTED VARIANCE . The pool could be moved.
S (ARE) / (). IS (ARE) NOT
3. THE REQUESTED AREA V ARIANCE(S)
SUBSTANTIAL.
4. THE PROPOSED V ARIANCE(S) ( ) WILL / ( ) W NOT HAVE AN ADVERSE
EFFECT OR IMP ACT ON THE PHYSICAL OR EN VIRO ENTAL CONDITIONS IN
THE NEIGHBORHOOD OR DISTRICT.
fD)n~ ~. S; u;,' 111~rUI \\ f7 ~ l1)\
Ln~, tS 0!) .L:::J IW U; W
5. THE ALLEGED DIFFICULTY ( ) IS / { )~S NOT SELF-CRE1\: ED.
JtJ~V ~.4 1999
ZQNING ADMINISTRATOR
Town of Wappinger Zoning Board of Appeals
Area Variance Ap.2.lieation
Appeal No. o/l'-~/9
Page 5
CONCLUSION: THEREFORE, IT WAS DETERMINED THE REQUESTED VARIANCE
BE ( ) GRANTED (J) DENIED. (XXX) WITHDRAWN BY tHE APPLICANTS
CONDITIONS/STIPULATIONS: The following conditions and/or stipulations were adopted
by resolution of the Board as part of the action stated above:
fter much discussion on Jul 27, 1999, the applicants decided to move the
001 from the front ard to meet the Zoning requirements.
See attached ZBA Minutes from July 27, 1999, pagel & 2.
( ) FINDINGS & FACTS ATTACHED.
DATED: August 2. 1999
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, W YORK
BY:
(Chairman)
P Joseph H. Prager
SWi?!!! TO BEFORE ME ON THIS
~DAYOF {1A.6 ,1998
~1 {" 0- '8t.Oi1AJ,,,,
(Notary Public)
ELAINE H. SNOWDEN
NOTARY PUBUC. STA11l OPMOWYORK
NO. 14-3753190
QUALIFIED IN DUTCHESS ~~UN~ _ '"\ """"-'"
'::OMMISSION EXPIRES JAN. ~O'
... f7~ (~, q q ~ ill)
{'5) ~ rc:. ! ;.= : ~ \_J.
\ffi l!; \1:.:'; ,~_ '.-
Ju n .r.., '-" '1~;19
tON1N:: ,:.OM\NlS1RA10R
MINUTES
Town of Wappinger Zoning Board of Appeals
July 27, 1999
Summarized Minutes
Town Hall
20 Middlebush Road
Wappingers Falls, NY
Members Present
Mr. Prager: Chairman
Mr. Fanue1e: Member
Mr. Warren: Member
Members Absent
Mr. Lehigh: Vice Chairman
Mr. diPiemo: Member
SUMMARIZED
NO CASSETTE TAPE - DICTAPHONE DID NOT WORK PROPERLY
Public Hearings:
Colleen & Dean DiPietro
- Zoning Administrator's Interpretation
Upheld
- Applicants withdrew their area variance
request
- Granted 5 ft. side yard variance
Curtis & Krystyna Ginader
Discussions:
Astor Head Start Center
- Deferred until a request is made to restore
the matter to active status
PUBLIC HEARINGS
1. Colleen & Dean DiPietro - To discuss Application Nos. 99-7018 & 99-7019 seeking an interpretation due
to an oddly shaped lot and if necessary, a variance for an accessory structure (pool) proposed in the front
yard of property located at 32 Amherst Lane in the Town of Wappinger.
Mr. & Mrs. DiPietro were present.
All the mailings were in order.
Mr. Fanuele made a motion to open the joint public hearing.
Mr. Warren seconded the motion.
V ote: All present voted aye.
Town of Wappinger Zoning Board of Appeals
Summarized Minutes - July 27, 1999
Page 2
Mr. Prager asked if anyone in the audience wanted to speak. Hearing none;
Mr. Fanuele made a motion to close the joint public hearing.
Mr. Warren seconded the motion.
V ote: All present voted aye.
Mr. Warren made a motion for a N ego Dec.
Mr. Fanuele seconded the motion.
V ote: All present voted aye.
Mr. Prager, with regards to Interpretation No. 99-7018, made a motion to uphold the Zoning
Administrator's determination. Upon reviewing the property on July 15th it is the contention of those
present that the area in which the DiPietro's wish to install their pool is in fact the front yard.
Mr. Warren seconded the motion.
Vote: All present voted aye.
Mr. DiPietro withdrew his request with regards to Area Variance No. 99-7019. He stated he will
move the pool to meet the zoning requirements.
2. Curtis & Krystvna Ginader - To discuss Application No. 99-7020 seeking a side yard variance for an
existing shed located at 13 Mina Drive in the Town of Wappinger.
Mr. Ginader was present.
All the mailings were in order.
Mr. Warren made a motion to open the public hearing.
Mr. Fanuele seconded the motion.
Vote: All present voted aye.
Mr. Prager asked if anyone in the audience wanted to speak. Hearing none;
Mr. Fanuele made a motion to close the public hearing.
Mr. Warren seconded the motion.
Vote: All present voted aye.
Mr. Warren made a motion for a Neg. Dec.