1230
TOWN OF WAPPINGER
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P.O. Box 324
20 Middlebush Road
Wappingers Falls, NY 12590.0324
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/y~SS CO~
ZONING BOARD OF APPEALS
To: Elaine Snowden, Town Clerk
From: Linda Nguyen, Secretary
Zoning Board of Appeals
Re: Amended Appeal Action (Decision)
Keith Capo1ino Subdivision
Appeal #1230
Date: November 19, 1996
Please note the Appeal Action for Keith Capolino Subdivision (Camillo
Trust, Steven Berner, Trustee) has been amended. On page 3, the second
whereas should read:
"WHEREAS, Donald Close issued a report at the Public Hearing on November
12, 1996 indicating that all Zoning Law and Building Code violations WERE
NOT corrected; and"
Attached please find a revised copy of that appeal.
Please accept my apology for the oversight.
Sireerel y, ~t1 f
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,X) ,'. :, .i A./ /LtjI~/L J-'
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Llnda Nguyen, Secretary
Zoning Board of Appeals
RECElVED
CC: Zoning Board
Planning Board
Mr. Albert P. Roberts, Esq.
Mr. Daniel K. Wery: AICP:
Mr. Joseph E. Paggi, Jr.: P.E.
DC Planning
Building Inspector
Fire Inspector
Assessor
Mr. Gray: PC
Mr. Adamsr Esq.
NOV 1 9 1996
ELAINE SNOWDEN
TOWN CLeRK
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AMENDED
APPEAL ACTION
RECEIVED
REFERENCE:
NOV 1 5 1996
Appeal No. 1230 Application Date: 09/18/96 Filing Date: E~M~R~WOEN
TOWN CLERK
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF WAPPINGER, N.Y.
TO: camilio Trust, Steven Berner, Trustee, Appellant
109 old Hopewell Road, Wappinger Falls, NY 12590
Re: Keith Capolino Subdivision (App. #8659)
Tax Grid #19-6157-01-240641-00
At the meeting of the Zoning Board of Appeals on 10/22/96, the referenced
appeal was considered and the action indicated below was taken on your
request for an area variance to the Town of wappinger Zoning Law.
By resolution of the Board, it was determined that:
.,
Camillo Trust, Steven Berner. Trustee (Keith Capolino subdivision Ann.
#8659) Requested a variance of 'Article IV, Section 420.5.1, whereas you
are required to maintain 15 acres in the RMF-3 Zone and you are requesting
a 2 lot subdivision consisting of 5.142 and 6.096 acre parcels, thus
requiring a 9.858 and a 8.904 variance on property located at 109 old
Hopewell Road and is iientified as Tax Grid #19-6157-01-240641-00 in the
Town of wappinger.
SEE SUBDIVISION PLAT DATED 3/14/95, LAST REVISED 9/17/96.
The Planning Board made a recommendation to the Zoning Board of Appeals to
grant the variance, dated September 18, 1996.
It was further determined that:
(SEE ATTACHED DECISION)
irman
.~Mr. J seph Howard Prager,
Zon' g Board of Appeals
Town. of wappinger
swor~.,tto before ~hiS
/.~..(; day of 7#/}!t , 1996
~~J ft) Ld3L
Notary Public ~
'~Mi -i./<<STo\HCEO. <t:
Y PUBliC, STArt (';; ~~l'V 'fORK
f..e~7IGI DUTCHESS ~OUHn
CONMISSIO:i EXPIRES JUNE 30, 19 22.
"
AMENDED
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
DECISION
In the matter of Application No. 1230 from the Camillo Trust, by Steven Berner,
Trustee, seeking a Variance from Article 4, Section 420.5.1 of the Zoning Law of the Town of
Wappinger:
At a regular meeting of the Zoning Board of Appeals of the Town of Wappinger,
Dutchess County, State of New York, held at TO,wn Hall, 20 Middlebush Road, Wappingers
Falls, New York on the -1.L day of November, 1996 at 7:30 PM.
The meeting was called to order by Chairman Howard Prager, and upon roll being
called, the following were:
PRESENT: Chairman
Howard Prager
Board Members
Gerald DiPiemo
Douglas Warren
Alan Lehigh
Victor Fanuele
ABSENT:
...
The following Resolution was moved by -
Mr. Lehigh
and seconded
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by Mr. diPierno
WHEREAS, the Town of Wappinger Zoning Board of Appeals (hereinafter referred to
as "ZBA") has received Application No. 1230 from the Camillo Trust, by Steven Berner,
Trustee, seeking a Variance from Article 4, Section 420.5.1 of the Zoning Law of the Town of
Wappinger, which Section requires a minimum lot size of fifteen (15) acres in an RMF-3 Zoning
District when the property is not served by municipal water and sewer services, so as to permit
a Two-Lot Subdivision of a parcel containing 11.237 acres; and
WHEREAS, the proposed Subdivision wilJ result in two (2) Lots, one containing 6.096
acres and the other containing 5.142 acres, said Lots to be us~d for single-family residential
purposes only; and
WHEREAS, the Members of the Zoning Board of Appeals have reviewed the following
documents in consideration of this Application:
Notice of Appeal, dated September 18, 1996;
Short Form EAF;
Letter of Planning Board to Zoning Board of Appeals, dated September 18, 1996;
2 Letters of William J. Leroy, dated September 30, 1996;
Letter from Robert J. Gray, P.E., of Gray Engineering, P.C., dated September
,,'
17, 1996; and
WHEREAS, Public Hearings were held on October 22, 1996 and on November 12,
1996, at which time all those desiring to make comment on this Application were heard and their
testimony recorded; and
" WHEREAS, Donald Close, Zoning Administrator, gave an oral report at the Public
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Hearing on October 22, 1996, indicating that there were several outstanding Zoning Law and
Building Code violations against the subject property; and
WHEREAS, the ZBA has determined that the project is an Unlisted Action, in
accordance with the Local and State Environmental Quality Review Laws since the Project
proposes a Two-Lot Subdivision of a parcel containing 11.237 acres in the RMF-3 Zoning
District, which action has been determined not to have a significant impact on the environment;
and
WHEREAS, Donald Close issued a repor(at the Public Hear? on November 12, 1996
indicating that all Zoning Law and Building Code violations w#~ere not corrected; and
WHEREAS, the ZBA has considered all of the testimon~ and evidence presented before
it and has made the following
FINDINGS OF FACT:
1. The subject property contains 11.237 acres and has road frontage on Old
Hopewell Road and Route 9D; the subject property is located in an RMF-3
Zoning District.
2. The subject property presently contains a single-family residence and several
accessory buildings, including a barn loc~ted on the north-westerly property line
...
contiguous to properties owned now or formerly of William J. Leroy.
3. The subject property is not served by either municipal sewer or municipal water,
however, sewer transmission lines for the Wappinger Sewer
Transmission/Treatment Sewer Improvement are located on the subject property .
4. The proposed Subdivision will result in one Lot containing 6.096 acres upon
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which the existing single-family residence will be located, and a second Lot
containing 5.142 acres upon which it is proposed to erect a second single-family
residence.
5. The Town Board of the Town of Wappinger has granted permission to permit
proposed Lot number 2, containing 5.142 acres to connect to the Wappinger
Sewer Transmission/Treatment Improvement as a Tenant for one single-family
residence only.
6. The applicant has expressly represented that if the vanance is granted, the
resulting two (2) Lots will be used for single-family residential purposes only.
7. The surrounding properties primarily consist of single-family residences.
8. The ZBA has received a letter from the Town of Wappinger Planning Board
recommending that this Board grant a Variance of the minimum lot size for this
Subdivision Application in the RMF-3 Zone, provided that any future
development of the subdivided Lots will be no greater than any permitted density
in the R20/40 zone, unless the Lots are combined with other parcels in the.RMF-
3 Zone so as to meet the minimum lot size of the RMF-3 Zoning District.
9. Pursuant to Local and State Environmental Quality Review Regulations, the
....
Zoning Board of Appeals hereby adopts a Negative Declaration on the grounds
that the proposed action will not result in any significant environmental impacts
as the proposed actions will be limited to a Two-Lot Subdivision for single-family
purposes, with one Lot containing 6.096 acres, upon which an existing single-
family residence is located, and a second Lot containing 5.142 acres upon which
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it is proposed to erect a second single-family residence.
Based on the foregoing, the ZBA hereby DETERMINES that:
1. a. The requested Variance will not be detrimental to nearby properties, on
the condition that
i) the new Lots will be used only for single-family residential
purposes,
ii) the newly created Lots will otherwise conform to the dimensional
requirements and restrictions of the R20/40 Zoning District,
iii) the newly created Lots will conform to the conditions listed below.
The requested Variance will not create an undesirable change in the
character of the neighborhood for the reasons set forth in l.a. above.
b.
2. There is no alternative method to achieve the benefit sought by Applicant.
3. The requested Variance is not substantial, provided the newly created Lots are
used for single-family residential purposes only.
4. The Variance will not cause adverse effects on the physical and/or environmental
conditions in the neighborhood or district.
5. The difficulty is not" self-created" because there is an anomaly in the Zoning Law
of the Town of Wappinger, which authorizes use of property in an RMF-3 Zone
for single-family residential purposes as of right, however, a strict application of
the dimensional requirements of the RMF-3 Zone will require a minimum lot size
far greater than is required in any other single-family zoning district.
NOW, THEREFORE, taking into consideration the benefit to the Applicant if the
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Variance is granted, as weighed against the detriment to the health, safety and welfare of the
neighborhood or community by such Grant, the Zoning Board of Appeals hereby grants the
request for a Variance from Article 4, Section 420.5.1, so as to permit a two (2) Lot Subdivision
of Applicant's 11.237 acre parcel, subject to the following conditions:
1. That all existing Zoning, Building Code and Fire Code violations be corrected
prior to the filing of the proposed Subdivision Map;
2. That the proposed two (2) Lots will be used for single-family residential purposes
only, until such time as the parcels otherwise comply with all dimensional
regulations of the RMF-3 Zoning District;
3. That the barn located on the north-western boundary of the proposed Lot NO.2
shall not be used for single-family residential purposes, either temporary or
permanent;
4. That the existing septic disposal system located on the proposed Lot No. 2 is to
be abandoned and rendered inoperable to the satisfacp.on of the Engineer to the
Town;
5. That any development on either of the Lots shall conform to the R20/40
dimensional requirements of the Zoning Law I until such time as the lots otherwise
comply with the dimensional requirements of the RMF-3 Zone; and
6. That any single-family residential dwelling constructed on the proposed Lot No.
2 connect to the Wappinger Sewer Transmission/Treatment Improvement, m
accordance with the plans approved by the Engineer to the Town.
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THE FOLLOWING RESOLUTION was duly put to a vote on roll call, which resulted
as follows:
Howard Prager, Chairman Voting: Aye
Gerald DiPiemo Voting: Aye
Douglas Warren Voting: Aye
Alan Lehigh Voting: AYf>
Victor Fanuele Voting: Aye
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