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Ulster Savings Bank Town of Wappinger ZONING BOARD OF APPEALS Wappingers Falls, New York 12590 RECEfVED FEB 11 1993 irrtsinn' & {@rbrr ELAINE SNOWDEN TOWN CLERK Name of Applicant: Ulster Savings Bank Address: 280 Wall Street, Kingston, N.Y. 12401 Grid No.# 19-6258-04-770393-00 Location of Property: 21 Brothers Road, Wappinger Fall~one: R-40 Nature of Request: N.Y. 12590 Article IV, Section 477.23 of the Town of Wappinger Zoning Law to permit a driveway, serving a single family dwelling, to have a grade in excess of 4% within thirty-five (35) feet of the center line of the travelled-way of the street. Date of Advertisement: January 27, 1993 Date of Public Hearing: February 9, 1993 Place of Hearing: Town Hall, 20 Middlebush Road, Wappingers Falls, New York MEMBERS PRESENT: Mr. Joel Sasser Chairman Mr. Michael Hirkala Vice Chairman Mr. James Brooker Member The matter having duly come on to be heard before a duly convened meeting of the Board on'the 9th day of February 1993 and the facts, matters and evidence produced by the applicant, the Zoning Administrator and interested parties having been duly heard, received and considered and due deliberation having been had, the following are the FINDINGS OF FACT: Mr. Alan Lehigh Mr. William Bitterlich Member Member The subject premises are located in the R-40 district on the west side of Brothers Road near the intersection of Gold Road in the Town of Wappinger. The set back requirements are as follows: Front - 75' Rear - 50' Side - 25'. The subject premises consists of a single family dwelling that has never been occupied and has not obtained a certificate of occupancy from the Town of Wappinger Building Department. The Zoning Law of the Town of Wappinger, Section 477.23 requires that no driveway, serving a single family dwelling, shall have a grade in excess of four percent (4%) within thirty-five (35) feet of the center line of the traveled-way of the.street, or within ten (10) feet of the right-of-way line of the street, whichever is greater. The b'oard heard testimony from Mr. Michael Gillespie, an engineer from the office of Richard G. Barger, L.S. & P.E. indicating that the grade of the driveway was a result of fill required to properly operate and maintain the sewage disposal system and that the lowering of the grade could not be accomplished as a result of said system. The, board received a recommendation from Mr. Joseph paggi, Jr. P.E. from the firm of'Paggi & Martin, Engineer to the ToWV' recommending that the variance be granted. That the board. has heard the evidence and testimony given and considered that no undesirable change will be, produced in the character of the neighborhood or detriment to nearby properties as the driveway is currently existing, that the benefit sought by the applicant cannot be achieved by any other means than a variance because of the requirement of the sewage disposal system, that the variance which is (see reverse) THEREFORE,based upon the finding of fact, it is hereby ORDERED, that the application or appeal be and the same is hereby granted. , The decision of the Zoning Administrator is hereby reversed. Dated, Wappingers Falls. ~_!. t~is, //7# day ,of '~?/Af//Pf:/f" " ~}{:d'tr>J /:c( /1~.'t<1~' Zo in Administrator STATE EW YORK" ,COUNTY OF DUTCHESS ss: , On the 11 th day of' February 1993 before me personally, came Mr., Joel Sasser Chairman:of the-Zoning Board of Appeals of the Town of Wappingers Falls, N. Y. \, . known as the ,indiv~du~A described in,andwho executed ~he forego~ng statements, acknowledged" that.' he executed the same. ~' ", " ' . 10NN VOl/NO . ' ~ Notary PUblic, State of New York ., No, 470.'3759 , ~, '~?'2-4r- Qualified In'Dutchess Co t , Commission ExPires 11/3()/~1~ J Filed, Office of the Town Cr~rk, Wappingers on 11th day of February 1993. .~ / , fJ (jIQ \ - - Chairman ~. to me and Fal&. Y. " ~ Notary h\~~ .09% is minimal, that the variance would have no adverse effect or impact on the physical or environmental conditions of the neighborhood or district. A short EAF has been submitted as per SEQRA requirements and a negative declaration was adopted since it appears that there will be no significant impacts on the environment. ',"