99-7008
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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: Elaine Snowden, Town Clerk
From: Linda Nguyen, Secretary ~11-
Town of Wappinger Zoning Board o~~~eals
Re: Original Application and Decision
Richard Pesther - Appeal No. 99-7008
Date: May 13,1999
Attached you will find the original Application / Decision for Richard Pesther - Appeal No. 99-7008.
cc: Mr. Pesther
Zoning Board
Building Inspector
Fire Inspector
Assessor
Town Attorney
Town File
RECEIVED
AREA VARIANCE(S) APPLICATION
MAY 1 4 1999
APPLICATION TO ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK
ELAINE SNOWDEN
ro.
Appeal # -' g
Date: .
Fee: , /,0,00
Receipt h t,&
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I(We)t~ ';;;:!. ~~
f2J CfJ((oll trt:eo/APpellant(s) , Jqo-~cPJ
(Mailing Address) (Tel. Nos. Home/Work)
, of
HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE
DECISION/ACTION OF THE ZONING ADMINISTRATOR, DATED Lf - I;). , 19c"{7
AND DO HEREBY APPLY FOR AN AREA V ARIANCE(S).
Premises located at 6 ( C frr r () J , De.
/' J (Address o/Property)
~ ;)(~:'-7" 01/- _ '16-1;13
(Grid Nos.)
1. RECORD OWNER OF PROPERTY _f!-; c~f}(d
0l Cf)((C?\\ Dr:. ·
(Address)
OWNER CONSENT: Dated: LJ ~)J --Cf cr Signature:
Printed:
~-dO
(Zoning District)
J Cff(Y)C , Pr U5'f-t,elL
d-q~-(JO05-
(Phone Number)
~~~
2. V ARIANCE(S) REQUEST: IJ!J ~
VARIANCE NO.1 (t)@II!Jf/E'.
4p- -'-.J @
I (WE) HEREBY APPL Y TO THE ZONING BOARD OF APPEALS FOR A" '9.
V ARIANCE(S) OF THE FOLLOWING REQUIREMENTS OF T~ "-
ORDINANCE.
ArilClr LI Secf~OQ V;o.]
(Ihdicate Article, Section, Subsection and Paragraph)
REQUIRED: pO F+- ),dC fiJtd.
APPLICANT(S) CAN PROVIDE: 5'
THUS REQUESTING: J)" Side. ;tlJrd Vnr;ft,1Cc.
Emit3i N A L
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. cfQ-7ool<
, Page 2
TO ALLOW: J- Cl\( 0J~'nOjG - J-bl 1ft
VARIANCE NO.2
I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A
V ARlANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONING
ORDINANCE.
REQUIRED:
APPLICANT(S) CAN PROVIDE:
THUS REQUESTING:
TO ALLOW:
/fl] ~ (t) &17 W &@
7999
(Indicate Article, Section, Subsection and Paragraph)
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
J5 AIL. - A-
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7 . '1/' f)~A.-r\l)a~.;R;r ~. -r~ ~t)~~.
,
Town of Wappinger Zoning Board of Appeals
Area Variance Ap,glication
Appeal No. '1 q....7 (':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 EXPL IN, IN DETAIL, WHY IT IS T SUBSTANTIAL.
L ~ r$ A0 :z..u C~ G,c.r
f!fift ~ CEO fIJ
D. IF YOUR V ARIANCE(S) IS (ARE) GRANTED, WILL THE PHYSICAL A I . ff!@J
ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD O. R DIS1~t.&F!9J4
IMP ACTED? PLEASE EXPLAIN, IN DETAIL, WHY OR WHY rtfQi", (JO) ~rf..
,:::c, ~I ~ &Ja....J,g- ~t!) . G ADMINfS
v '-. JRAT(Jr>
E. HOW DID YOUR NEED FOR AN AREA V ARIANCE(S) COME ABOUT? IS YOUR
OIEFICULTY SELF-CREATED? PLEASE EXPLAIN YOUR ANSWER IN DETAIL.
...D~2' '"l0 ~8>'l- ~i\tb /!, $~c5
-*~etf (.AuC~_
4. LIST OF ATTACHMENTS (Check applicable information)
(v(s'URVEYDATED~- U-6,~ ,LASTREVlSEDO-n-Cjly AND
PREPARED BY tor-t f), _ J 17-~-f} .
( ~T PLAN DATED
( ) PHOTOS
( ~WINGSDATED
( ~ETTER OF COMMUNICATION WHICH RESULTED IN APPLICATlON TO
THE ZBA.
(e.g., recommendation rom the Planning Board / Zoning Denial) Li~a-aq
LETTER FROM ad, DATED: /- L -'-I-
LETTER FROM DATED:
( ) OTHER (please list):
Town of Wappinger Zoning Board of Appeals
Area Variance Application
Appeal No. QQ-10(}i
Page 4
5. SIGNATURE AND VERIFICATION
PLEASE BE ADVISED THAT NO APPLICATION CAN BE DE/f!1/l ~11i{j;i!#Je flJ
UNLESS SIGNED BELOW. - l.s L!:!J
APR 13 199
THE APPLICANT HEREBY STATES THAT ALL INFORMAT.ION GIVEN IS 9
ACCURATE AS OF THE DATE OF APPLICATION ONING ADM
INISTRAT{JEJi
SIGNATURE ~~g/~~ATED:
(Appellant)
SIGNATURE'\-. ~ ~';)ATED:
(If more than one Appellant)
.?j~J j j
Y/1 ! 7 /
. ,
..................... ...... ..................................................................... .....;-......... ......
.. .......... ......... ...... ...... ....... ....................... ..... ............. .................. ............ ......
. FOR OFFICE USE ONLY
1. THE REQUESTED V ARIANCE(S) ( ) WILL / JXJ WILL NOT PRODUCE AN
UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD.
( ) YES / (\(No, SUBSTANTIAL DETRIMENT WILL BE CREATED TO NEARBY
PROPER TIE~ r
2. THERE ( ) IS (ARE) / (X IS (ARE) NO OTHER FEASIBLE METHODS
A V AILABLE FOR YOU TO PURSUE TO ACHIEVE THE BENEFIT YOU S;EEK OTHER
THAN THE REQUESTED V ARIANCE(S).
3. THE REQUESTED AREA V ARIANCE(S) .kS IS (ARE) / ( ) IS (ARE) NOT
SUBSTANTIAL. -<10 ~ vat'ldnce..
4. THE PROPOSED V ARIANCE(S) ( ) WILL / 6t) WILL NOT HAVE AN ADVERSE
EFFECT OR IMP ACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN
THE NEIGHBORHOOD OR DISTRICT.
5. THE ALLEGED DIFFICULTY 90 IS / ( ) IS NOT SELF-CREATED.
Town of Wappinger Zoning Board of Appeals
Area V ariance Ap~lication
Appeal No. 't:f-?tJO~
Page 5
CONCLUSION: THEREFORE, IT WAS DETERMINED THE REQUESTED VARIANCE
BE (x) GRANTED ( ) D:ENIE>>. With Conditions.
CONDITIONS/STIPULATIONS: The following conditions and/or stipulations were adopted
by resolution of the Board as part ofthe action stated above:
See Attached Minute8 from the May ]1, ]999. ZRA Meeting. (Pa~es 4 & 5)
See Attached Drawin~ stamped received on May II, 1999 (Planning/Zoning)
( ) FINDINGS & FACTS ATTACHED.
DATED:
<<10 III Iqqq
ZONING BOARD OF APPEALS
TOWN OF W APPINGE~ ~YORK
BY: 9'~~
_ jChairman) r-:7
PRINT: T ,t/i>U/,~ r~c{(
~QRN TO BEFORE ME ON THIS
-U.2DAYOF ~ ,1998
0~ \\ ~^~"
(Notary Public)
ELAINE H. SNOWDEN
NOTARY PUBUC. STATE OF NEW YORK
NO. 14-3753190
QUALIFIED IN DUTCHESS COUNTY
'i (;OMMISSION EXPIRES JAN...3!2~O
m1~@~Dry;~@
d1J:;tL 1999
'ON/NG ADIVI/N/;;;;TOI~
.
Town of Wappinger Zoning Board
Summarized Minutes - May 11, 1999
Page 4
Mr. Fanuele asked if other houses in the neighborhood have the same problem.
Mr. Pesther said yes, they have several cars in the driveway.
Mr. Fanuele stated the Zoning Law says that ifit is the same for everybody in the neighborhood, then it is not ..
Mr. Paolillo stated half the houses he saw have 2 car garages and several one car garages.
Mr. Paulica stated he has a 1 car garage. He keeps one inside the garage and one in the driveway. He said he
will not infringe upon his neighbor just because he wants another garage.
Mr. Pesther stated Mr. Fanuele's idea of doubling the length ofthe garage would be more of an obscene
building than a 2 car garage. He stated it would look like a tunnel.
Mr. Lehigh made a motion for a Neg. Dec.
Mr. diPierno seconded the motion.
V ote: All present voted aye.
Mr. Lehigh made a motion to close the public hearing.
Mr. diPierno seconded the motion.
V ote: All present voted aye.
Mr. Lehigh stated the applicant has shortened the garage and aligned it with the house so they are only seeking
an 8 ft. side yard variance, which is 40%. He stated the variance requested will not be detrimental to nearby
properties. It will not cause an undesirable change in the character of the neighborhood. There is no other
alternative. The requested variance is substantial since they are seeking a 40% variance. The variance will not
cause any adverse physical or environmental conditions in the neighborhood or district. The difficulty is self-
created because the applicant wants a two car garage which he felt is not unreasonable. He made a motion to
grant the variance for an 8 ft. side yard variance with the condition Mr. & Mrs. Pesther are to install a
fence, on their property line, starting at the rear of the house and extend to the rear of the parcel.
Mr. diPierno seconded the motion.
ROLL CALL:
Mr. Warren:
Mr. diPierno:
Mr. Lehigh:
Mr. Fanuele:
Aye.
Aye.
Aye.
Stated: If every house in that development needs a variance, then
the Board can not grant the variance because that is the structure of.
the neighborhood. If one lot is different than the rest of the
neighborhood, then the Board can grant a variance on that lot. He
asked before if the neighborhood is the same and everyone would
need this and he got a yes answer. From that point of view, if the
whole neighborhood needs a variance for garages, then he has to
vote Nay.
..
Town of Wappinger Zoning Board
Summarized Minutes - May 11, 1999
Page 5
Mr. Prager:
Nay.
V ote: The motion was carried. (3 for and 2 against)
DISCUSSIONS
1. 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.
The Board received a letter dated May 6, 1999, from Astor Home for Children requesting for this
project to be rescheduled for May 25, 1999.
2. Curtis & Krystyna Ginader - To discuss Application No. 99-7011 seeking a side yard setback variance for
an existing shed located at 13 Mina Drive in the Town of Wappinger.
Mrs. Kyrstyna Ginader was present.
Mrs. Ginader explained about a year ago they obtained a building permit and they installed a shed.
Mr. Prager asked if the Building Dept. explained the setback requirements to them.
Mrs. Ginader said yes. They were told they had to have 10 feet. After looking at where the shed would be
put - there is a slant to the yard and the drainage is not very good - they decided to put it 3 Yz feet from the
property line. They did not realize what the process was if they could not do the 10 feet.
Mr. Fanuele asked if the building permit was issued with the plans showing a 10 foot side yard.
Mrs. Ginader said yes. They did not understand the variance process.
Mr. Fanuele clarified the Town requires a 10 ft. side yard and she chose to put it 3 Yz feet away.
Mr. Prager asked if there is any other place they could put the shed.
Mrs. Ginader stated they have .35 of an acre. lfthey put it out farther, then it would be in the middle of the
yard. She stated she has three boys that play baseball and the shed would have been in the way. From an
esthetic standpoint it is under some trees, it is out of the way, and it is an attractive shed. She spoke to her
neighbor, who's fence it is near, and she did not have a problem with it.
Mr. Prager had a problem with the fact that her husband was explained to where the shed had to be. Her
husband chose not to put it in the proper place.
Mr. Lehigh stated the last applicant thought his neighbor wouldn't have a problem either.
Mr. Fanuele said she is in an R-20 zone - 20,000 sq. ft. Her lot is approximately 15,000 sq. ft. which
requires a 5 foot side yard. He said he would be willing to go with 5 feet from the property line rather than
20 feet.
.
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RECEIVED
HAY 11 1999
PLANNING & ZONING