1225
...
~.PPEAL ACTION
REFERENCE:
Appeal No. 1225
Application Date:
07/02/96
Filing Date:
07/24/95
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF WAPPINGER. N.Y.
TO: Mr. Sean McElduff - Contract Vendee, Appellant
52 West Center Street, Beacon, NY 12508
Poperty Owners: Daniel & Irene Silvestri
Property Location: New Hackensack Road
Tax Grid #19-6158-02-764763-00
At the meeting of the Zoning Board of Appeals on 07/23/96: the refere11ced
appeal was considered and the action indicated below was taken on YOll:~
l-eque::;t for area variances to the Town of Wappinger Zoning T"a,,'7.
By resoll:tioTI of the Board: ~t was determined that:
Apneal ~1225 - Sean McEldllff (Contract Vendee) is seel:il1Q t11ree V3~lances;
l~_. 1 - Article IV~ section 410.3 - where you are required to maintain
l~at lea~;t 50 feet C) Ii a ::;tl-eet or a 11igl1way" 311d ~~Oll al~e S110'V"illQ 32.03
feet: thllS reqlliring a 17.97 foot frontage variaI1ce;
~o. 2 - Al~ticle IV: Section 420.3 - where you are required to m3int3~11
a 40 foot rear yard setback and you are showing 25.2 feet, t~u~
requiring a 14.98 foot rear yard variance;
1Jo. 3 - Article IV: section 420.3 - where you are required to maintain
a 20 foot side yard setback and you are showing 16.7 feet. thus
requiring a 3.3 foot side yard variance;
The Applicant is requesting frontage and rear and side yard setback
variances to convert an existing barn into a residence on property locat~d
on New Hackensack Road: in an R-20 distict classification and i_
identified as Tax Grid #19-6158-02-764763-00 in the Town of Wappinger.
The Zoning Board of Appeals declared itself Lead Agency for this project
an July G 1996 and a Negative Dec. on July 23, 1996
There is a Binder of Sale on the property between Daniel and Irene
Silvestri and Sean & Lori McElduff.
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was furtl1er determiI1ed
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(3) The requested variance will not prodtlCe an undesi.rable cnang~ ~l~
the character of the neighborhood.
(b) No Sllbstantial detriment will be created to nearby properties.
(c) There was no other feasible method available for you to pllrSlle a~d
3chieve the benefit you seek other than the requested variance.
(d) The reql12sted variances No.1 & No.2 are substanti,al: bIlt the
bllilding preexisted zoning. Removing the building would not be
beneficial since it is the reason that Mr. McEldllff wants to purchase
the property so he can renovate the barn into a house to live in with
rilS fan1il"}r.
,ej The proposed variance will not have an adverse effect or impact
the physical or environmental conditions in the neighborhood uL
district.
~"
',..i1.1
APPEAL ACTION
SEAN MCELDUFF - CONTRACT VENDEE
APPEAL #1225
PAGE ..,
(r; The alleged difficlllty was not self-created since the barn ~s
pree~{i S L irlg ..
(g) The variance is
difficulty.
the minimum necessary
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LU
grant
relief
fT'OITi
vcur
CONCLUSION: Therefore, it was determined that the requested variances be
granted.
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Mr. Alan Lehi~Vice C'
Zoning Board OL Appeals
Town of Wappinger
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OU~!i':8c' in Dutchess County Cl1
Commission Expires 10/31/19--'0