Brownstein
Town of Wappinger
ZONING BOARD OF APPEALS
Wappingers Falls, 'New York 12590
irrtsinn & ODrllrr
Name of Applicant: Dr. Jeffrey & Gloria Brownstein
Address: 2 Tor Road, Wappinger Falls, N.Y. Grid ~o.fl 6158-02-781756
Location of Property: 115 New Hackensack Road, W.F. Zone: R-20
Nature of Request: Seeking a variance of Article IV Section 421.6
of the Zoning Ordiance for an addition for handicap access, request
a 18 foot rear variance where 40 feet is required.
Date of Advertisement: February 13,1991 Southern Dutchess News
Date of Public Hearing: February 26, 1991
Place of Hearing: Town Hall, 20 Middlebush Road, Wappingers Falls, New York
MEMBERS PRESENT:
Mr. Hirkala Chairman Mrs. Roe Member
Vice' 'Chairman Mr. Sasser Member
Mr. Lehigh Member Mr. Brooker Member
The ~atter having duly come on to be heard before a duly convened meeting of the
Board on'the 26 day of February, 1991 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:
The subject premises are located in a R-20 District witq the following setback
requirements: Front 60 feet, Sides - 20 feet, and rear 40 feet, on New Hackensack
Road which is a county road. The applicant has satified the Board of the need'fqr this
addition and the Board feels the criteria for an area variance have been met. A
practical difficulty exists and such difficulty cannot be obviated be a method other
,
than a variance. There will be no substancial change in the character of the
neighborhood. This action will not be detrimenatl to adjoining properties, The
character of the neighborhood will be preserved. This is a minimum variance that will
prov~de relief.
A short EAF has been submitted as per SEQR requirements and a negative declaration
is in order since it appears that there will be no major impact on the environment.
Therefore: based upon the finding of fact, it is hereby ORDERED that the application
or appeal be and the same is GRANTED \ subject to: 1. Compliance with the New York
Uniform Fire Prev~ntion and Building Code. 2. Approval of the County Plannning Board
\
under Section 239-M of the Town Law. 3. The required smoke alarms/heat detectors shall
not be battery operated and must be connected to the existing electrical system and
approved by the Bureau of Fire Underwriter. 4. The applicant shall obtain a building
permit within 180 days of the signing of the Decision and Order by the Town Clerk.
5. Substancial completion within twelve (12) months of the date of the issuance of
the building permit. 6. The Zoning Administrator will do and inspection of the above
premise every year on the anniversary date of the Decision & Order. 7. A C of 0 must
issued within two (2) y:r:.s. 9f il>suancef of building, permitkDtlurrwis.e this Decision &
THEREFORE o-aseC1 U1>6n tne tinding ot act, it is-ner,ebY vRDERED, ~nat t:ne i 11
, .' ' s nu
application or appeal be and the same ~s hereby GRANTED
be
Order
& void.
The decision of the Zoning Administrator is hereby REVERSED.
Dated, Wappingers Falls, N. Y.
this 5 th day of March, 1991
~Ytl'rJ.rf] ~/t,.~
G erk / ~ ~n I '
YORK',' COUNTY OF DUTCHESS ss: , " d .1/ - /
ay of' /In A ' II, '9/ before me personally. came oY/7 ~C~Q.' 7fVL1;? ~
Chairman"of the'Zonin~~ of Appeals of the Town of Fappinger~ Falls, N. Y. to me
known as the individual described in,andwho executed the foregoing statements, and
.- .... '.
acknowledged"'that " he executed the same. '. . '
~ 771 ~~tUCCI
Notary U I. e of NewYodl
" No, 2381720
Filed, Office of the Town Clerk, Wappingers Fal~, 'Y. ' ,Gua,lified in DutCIlela~ 9"'/
on day of . ~.. ~OIntmiIttonlllpiNa1M~
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