678
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ONING BOARD OF APPEALS
TOWN OF WAPPINGER RECEIVEr
ACfIONONAPPEAL JUN 21 1983!
Appeal No. 678
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Dated June 20th. 1983
ELAINE H. SNOWDEN
Appellant Grani te Homes/Mr. & Mrs. Cascio
Wappinger~ Fall~1 NY l?SQO
Address Lot 5 - Stonevkil1 Road
At a meeting of the Zoning Board of Appeals on LTune 14rn ,19 A3 ,Appeal No. 67S
was considered and the following action on the request for: KI A VARIANCE, 0 A SPECIAL USE PERMI"f, 0 AN
INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN AGGRIEVED PERSON(S), was
taken:
1. VARIANCE: By resolution of the Board, it was determined that strict application of the Ordinance 0 would 0 would
not produce undue hardship for these reasons: .
a. The property in question 0 would 0 would not yield a reasonable return if limited to the use permitted under the
Ordinance, because: .
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b. The hardship created 0 is 0 is not unique and 0 would 0 would not be shared by all properties alike in the. .
vicinity of the property and in the same use district, because:
Co The variance 0 would 0 would not change the character of the district. because:
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Therefore, it was further determined that the requested varianceft be granted D- s&-Seak4 and that the previous
decision of the Enforcement Officer G-beronfirmed KI be reversed. PLEASE SEE ATTACHMENT.
2. SPECIAL USE PERMIT: By resolution of the Board it was determined that the request for a Special Use Permit 0 be
granted 0 be denied. pursuant to article . section or subsection , paragraph of the
Zoning Ordinance and, therefore. the decision of the Enforcement Officer 0 be reversed 0 be confirmed. because:
3. INTERPRETATION: The Board adopted the following resolution which stated its interpretation of the Zoning
Ordinan~ as requested in your appeal:
4. AGGRIEVED PERSON(S): By resolution of the Board, the following decision was made on your appeal:
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~fIlaH. Zoning Board of Appeals
CHAIRPERSON,
Appeal # 678
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June 20th, 1983
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At the June 14th, 1983 meeting of the Zoning Board of
Appeals, a motion was made by Mr. Cortellino, to grant the
variance. The motion was seconded by Mr. Landolfi.
Vote:
Mrs. Waddle - aye
Mr. Cortellino - aye
Mr. Urciuoli - aye
Mrn Caballero - aye
Mr. Landolfi - aye
The motion was carried.
~(?@~
(Mrs.) Carol A. Waddle, Chairperson
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TOWN OF WAPPINGER
NOTICE OF APPEAL
Appeal No. (Q 7 y-
Date \ 7~V3
"J . 1/ . /. . Home Mailing
Appellantti~A/II7E ,.e,r~/~E'.s :Z:;;;/hH.f/~HJ U..\C'/oAddress 4/ \ r- ....\77j /1Y ~/~-c" ,~
(. vA- /l //; /Jf E,t( . ~LL.s .AI:'Y Zip Code: /.:?.J-" () Tel. #: 'f5 3/- &' 797
>to:.. ...... .....
TO TIlE BOARD OF APPEAlS:
.L2 / . C~~"(/
, I, V/ j?/t ~I /7r ~ &t5EAT 'I- ALEx t'J , appeal from a decision of the Zoning!Pspector, dated
. S- / ~ . /, 19~ , and do hereby apply to the Zoning Board of Appeals for: fM'A VARIANCE, 0 A
I
SPECIAL USE PERMrr, 0 AN INTERPRETATION OF THE ZONING ORDINANCE, 0 AN APPEAL AS AN
AGGRIEVED PERSON(S) (check prop<;r one), in connection with premises located at / t1 r-... \" ~ M /J y' A-z~'~K.o
, , lP o.:rto - 00<. - ?- tb Cl ? ~ b ' (strcet&no.)
f(t./O' ", . F/LcL/ P;JA~ ~ 3~6 , Town of Wappinger. N.'Y.
(zoning dist.) . (grid no.) , '
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1. PROVISION(S} OF THE ZONING ORDINANCE APPEALED fl1C11~le-,~ .s~(:;n~~ . 4l'3i~U I
""\0 0\\ \ QvJ }~": 4~~~~i~j~)iJ~L~ tJ~ot S.i.J~"'-~.~~t\~,v~~\\e~Z?, f(~ck / J
, . . (article,sectionorsubsectionandparagraph) \~ 4(Al~ ". I
2. TIPE OF APPEAL (Complete r;~evant s~on)..
a. .' AVARIANCE IS REQuESTED for the following reasons:
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1) Strict application of the Zoning Ordinance would produce undue hardship because:
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2) The hardship created is unique and is not shared by all properties alike in the immediate vicinity of this property
and in this district because:
3) . The variance would observe the spirit of the Ordinance and would not change the character of the district
because:
c. INTERPRETATION of the Zoning Ordinance is requested because:
d. AGGRIEVED PERSON(S) an appeal is requested because:
3. OTHER REMARKS:
(Use extra sheets if necessary)
~gnature ~ ~p k4.
· The required plan must accompany the Notice of Appeal.
APPELLANTS ARE RESPONSIBLE FOR THE COSTS INVOLVED IN PUBLISHING THE REQUIRED LEGAL
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9/4-83/S0/.9
May 13, 1983
Town of Wappinger
Zoning Board of Appeals.
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Dear Sirs,
I make this appeil on b~ha1f of ourselves and Robert and Alexis Cascio.
This company.has just finished building a new home on lot 5# Stonyki11 Road,
an area of formerly older, and smaller homes. The new homes, 10 in all, are
and will be an improvement to the area and the surounding property. Most of
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the homes are.va1ued in excess of.$rOO,ooO.
Originally we agreed with the Cascio's to add an exterior deck to the side
of their home. During the course of construction we ran into rock formations and
were forced to move the foundation to one side. When we did this, we inadvvertant1y
moved the foundation too far to the left side boundry. When we put the deck on,
the corner (See ,Sketch) projected several feet into the setback requirement, as
pointed out by the building inspector. Since the final closing was emminent, we
agreed to remove that part of the deck to conform with the code. The Cascios's
were heartbroken. The large deck, with the large back yard has been a dream of theirs.
They asked if there were any way to save the deck, hence my application to you.
We as builders, are clearly in the wrong according to the ordinance. The
only gray area is the requirement for patios and roof lines etc that do not have
to adhere to the code. If the deck were on the ground, the code would not apply.
Since most patios are made of concrete and cannot be easily removed, and the deck
is made of wood and can easily be removed in the future, I would think patios
should have to adhere also. Again, thats the only gray area.
We therefore ask for lenience for the Cascios and an approval of this appeal.
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