1220
.
APPEAL ACTION
P.EFERENCE:
Appeal No.
1220
Application Date:
05/08/96
Filing Date.:
06/26/96
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF WAPPINGER. N.Y.
To: Mrs. Gina Giaculli, Appellant
709 N. Chodikee Lake Road, Highland, NY 12528
Property Location: 1887 Route 376
Tax Grid #19-6259-04-509245-00
At the meeting of the Zoning Board of Appeals on 06/25/96, 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.
Acceal ~1220 - At the request of Gina Giaculli who is seeking a
variance of Article IV, section 420.4, where you are required to
maintain a 75 foot front line setback on a state road and you are
showing 13 feet, thus requiring a 62 foot front line setback variance
to construct a 5 foot wide deck and steps to give the building a more
appealing appearance for property located at 1887 Route 376 and lS
identified as Tax Grid #19-6259-04-509245-00 in the Town of Wappinger.
PLEASE TAKE FURTHER NOTICE, that the Zoning Board of Appeals has
declared itself Lead Agency and has made a Negative Declaration of
Significance for the deck on May 28, 1996.
FINDINGS OF FACTS:
The Appellant's property in its entirety falls into the GB district
classification and is located at 1887 Route 376, Town of Wappinger, NY.
The owners of the property are Paul A. and Gina M. Giaculli.
The Appellant has produced a drawing of the site with buildings showing
distance from house to Route 376 right-of-way. (See Site Plan for
Brittany's Airport Luncheonette and Deli, dated Jan. 29, 1996, by Eric W.
Gardell, PE, L8.)
The Appellant has produced a drawing of the building with the proposed
porch.
Mr. Prager made the motion to deny the variance for the following reasons:
1. The requested variance would be detrimental to nearby properties since
sight distance would be shortened.
The requested variance would not change the character of the
neighborhood.
/I
..
Appeal Action
Gina Giaculli
Appeal #1220
Page 2
Since the addition of the porch is to only give the buildina a more
appealing appearance from the road, it would not be a requirement for
conducting the business.
4. The reauested variance is substantial since a 75 foot setback 15
required and the Appellant shows only 20 feet to the highway
right-of-way.
!~ The requested variance will cause adverse effects on the physical
and/or environmental conditions in the neighborhood by the close
proximity of the road.
6. The difficultv would be "self-created" by shortening the distance to
the highway, which is already nonconforming.
diPierno seconded the motion.
Roll Call:
Mr. Prager:
Mr. Fanuele:
Mr. Warren:
Aye.
Nay.
Aye.
Mr. Lehigh:
Mr. diPierno:
Aye.
Aye.
CONCLUSION: Therefore, it was determined that the requested
derll ec .
be
Joseph Howard Prager.
Zing Board of Appeals
Town of Wappinger
Sworn to befOl~ me on this
.;)L Y-h day 0 f .J'.A/\"-t. ,1996
"-
k'~ g'
Ju...- ~ .. ~.A _
Notary Public
I i":".~ \',,1. l.il!( ;(':1
tJ,,:~~.r7 r :".ate of ~.!ew'fOrtc
Nc =:~j -j " :")
e",?';l2<:' ,n Dutchess cou~t'lqj
Comr,-',ic;:r.::jor- !:>pire:3 10/31/1