99-7020
,
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
~1()#
From: Linda Nguyen, Secretary (/~
Town of Wappinger Zoning Board of Appeals
Re: Original Application / Decision
Curtis & Krystyna Ginader - Appeal No. 99-7020
Date: August 2, 1999
Attached you will find the original application / Decision & Order for Curtis & Krystyna Ginader
Appeal No. 99-7020. I would appreciate it if you would file these documents.
CC: Mr. & Mrs. Ginader
Zoning Board
Building Inspector
Fire Inspector
Assessor
Town Attorney
Town File
RECEIVED
AUG 0 2 1999
ELAINE SNOWDEN
TOWN CLERK
AREA V ARIANCE(S) APPLICATION
\
Appeal # Cjy-?OJ 0
Date: (p' ~yq
Fee: .00
Receipt {, ~"
APPLICATION TO ZONING BOARD OF APPEALS
TOWN OF W AI>PINGER, DUTCHESS COUNTY, NEW YORK
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I (We) Cu- . s r:: f1; ntLd er t!t. (I S na. ~. Gi nader , of
(Name oj AlJPe~ICfnt(s' / .
13 m,nO- bR.)ci:upp,nqe..rs rtLU.5) u~ ' 2Ql-03<8'1 <6q~-o~11
(Mailing A'ddress) (Tel. Nos.lIome/Work)
HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM TI-W !. I In
DECISION/ACTION OF THE ZONING ADMINISTRATOR, DATED ~ 19JJ
AND DO HEREBY APPLY FOR AN AREA V ARIANCE(S).
Premises located at /3 ffJl na 7JR.. Wapplnqers Ft:t.j)s, 1J Y r;;.s9o
1_ (Address oj Property) R
\(1107 - 0;). - 97J...ffoo-oo d-O
(Grid Nos.) (Zoning District)
1. RECORD OWNER OF PROPERTY
(Name)
(Address)
(Phone Number)
OWNER CONSENT:
Dated:
Signature:
Printed:
2. V ARIANCE(S) REQUEST:
\%\f,~\f,~~mJ
V ARIANCE NO. 1 jU~ '2. ,99
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A I \~\Slf\K10R
V ARIANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE Z~<'lG ~ 1
ORDINANCE.
'1-onin Law Sec5kOn L/c20. L.j
ndicate Article, Section, Subsection and Paragraph)
REQUIRED: 10 -lOiN ($.p}fba..Lk: );li decprd
APPLICANT(S) CAN PROVIDE: 5 +e e.-1-
THUS REQUESTING: S +e ~1- 5i d.e. I JQrJ. UQf; qfJce
1
Town of Wappinger Zoning Board of Appeals
Area Variance ApQI,ication
Appeal No. ,('-1020
Page 2
TO ALLOW: ejLIS~!J ~d..f-o be 5 +ee-cJ- Ifvrfl
-f r Dpe(~ UALL.
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:
I r) F~\ ((U IF. I] D fl. ~ fljl
-'"'~ ~ L::-' Ie W u; I.YJ
n'11~::AroR
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.
-r1LL en a.x- tt
ns
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. Cj'l-1] 0 J..j)
Page 3
C. HOW BIG IS THE CHANGE FROM THE STANDARDS SET OUT IN TH~ ZONING
LA W? IS THE REQUESTED AREA V ARIANCE(S) SUBSTANTIAL? IF NOT,
PLEASE EXPLAIN, IN DETAIL, WHY. IT IS NOT SUBSTANTIAL. f/t:i----
~~ftnfto "fdltJJtd- is,,:r!~;;iff ~p.
D. IF YOUR V ARIANCE(S) IS (ARE) GRANTED, WILL THE PHYSICAL
ENVIRONMENT AL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT BE
IMPACTED? PLEASE EXPLAIN, IN DETAIL, WHY OR WHY NOT.
,ffi, ~~~~u c't,~1 ,~CvL~~~aq~ tr/Jrood
~ d.LiJf;:/~ ~~a ~r:/!lJl~~~~1~b:::;''d ~ .
(~r1Arvd LV/ltA, lW Old f'p,rYLLfl)f- .
,
E. HOW DID YOUR NEED FOR AN AREA V ARIANCE(S) COME ABOUT? IS YOUR
DIFFICULTY SELF-CREATED? PLEASE EXPLAIN YOUR ANSWER IN DETAIL.
I "
(V) SURVEY DATED /;;/5/q D. . ,LAST REVISED /,)../ S /q c>
PREPARED BY brd'j J <}<tu.UAlj J OJ- J.J-eLn5~a./) '. ·
( ) PLOT PLAN DATED [ffi ~ @. ~ ~ W ~ [ill
( v)PHOTOS ~fl1999
( ) DRAWINGS DATED ZONI~ ~D~N~TRATOR
(v) LETTER OF COMMUNICATION WHICH RESULTED IN APPLICATION TO
THE ZBA.
(e.g., recol1ll1lendatigl!rol1l thiflanning Board / Zoning Denial)
LETTER FROM rtiuJ fvO~ DATED:
LETTER FROM mlfLf JL /.J e. fYla n rj DATED:
AND
'J!~i$r
( ) OTHER (please list):
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. r'l'-'JD 20
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
DATED:
6/1(9,
SIGNATURE
DATED: h /11o/1J
......... ...... ... ................... ... ..... ............... .................. .......................................
.....................................................................................................................
. FOR OFFICE USE ONLY
1. THE REQUESTED V ARIANCE(S) ( ) WILL / k> WILL NOT PRODUCE AN
UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD.
( ) YES / <X1~ SUBSTANTIAL DETRIMENT WILL BE CREATED TO NEARBY
PROPERTIES.
2. THERE ( ) IS (ARE) / ~ IS (ARE) NO OTHER FEASIBLE METHODS
A V AILABLE FOR YOU TO PURSUE TO ACHIEVE THE BENEFIT YOU SEEK OTHER
THAN THE REQUESTED V ARIANCE(S).
3. THE REQUESTED AREA V ARIANCE(S) 06 IS (ARE) / ( ) IS (ARE) NOT
SUBST ANTIf\L.
4. THE PROPOSED V ARIANCE(S) ( ) WILL / 'b6 WILL NOT HA VE AN ADVERSE
EFFECT OR IMP ACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN
THE NEIGHBORHOOD OR DISTRICT. [fB ~ @ ~ ~ WI ~ ill)
5. THEALLEGEDDIFFICULTY~IS / (
)ISNOT SELF-CREATED. ~5 1999
lON~~ <<~'NISTAATOR
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. tj9-'7CJ2D
Page 5
CONCLUSION: THEREFORE, IT WAS DETERMINED THE REQUESTED VARIANCE
BE (X~ GRANTED ( ) DENIED. . j
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. 1999. the Board granted a 5 foot sideyard setback
variance for an existing shed, whereas a 10 foot sid~yard
setback is required.
See attached ZBA Minutes from July 27, 1999, page 2& 3
( ) FINDINGS & FACTS ATTACHED.
DATED:
August 2. 1999
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY:
(Chairman)
PRINT: .Joseph H. Prager
SW~ TO BEF~ ME ON THIS
& - DAY OF "'2s-- ' 1998
~ruw.w 3~"".!t~
(Notary Public)
H,.,..~~INE H. SNOWDEN
......... PVBuc,S'l'ATB0P1<IlWYORlC
NO. 14-3753191'
MY co~~~LJ~b~ ::'~;~1~~:'.:!t~oo
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.
Vote: All present voted aye.
Mr. Warren made a motion for a Neg. Dec.
Mr. Fanuele seconded the motion.
Vote: 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.
V ote: 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 & Krystyna 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.
V ote: All present voted aye.
Mr. Warren made a motion for a Neg. Dec.
Town of Wappinger Zoning Board of Appeals
Summarized Minutes - July 27, 1999
Page 3
Mr. Fanuele seconded the motion.
Vote: All present voted aye.
Mr. Fanuele made a motion to grant a variance to permit the placement of a storage shed 5 feet from
the side yard property line.
Mr. Warren seconded the motion.
V ote: All present voted aye.
Mr. Ginader asked when he would have to move the shed.
Mr. Prager said he should work that out with the Building Inspector.
DISCUSSION
Astor Head Start Center - To discuss Application No. 99-7010 seeking an area variance on property located at
144 Myers Comers Road in the Town of Wappinger. (Rescheduled from the May 25th agenda.)
The Board received a letter from Mr. Adams, Esq. asking for this item to be deferred to no specific date.
Mr. Prager made a motion to adjourn the meeting.
Mr. Warren seconded the motion.
V ote: All present voted aye.
MEETING ADJOURNED AT 8:00 PM.
Respectfully submitted,
~~
Linda Nguyen, Secretary
Town of Wappinger Zoning Board of Appeals