675
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER RECEIVED
IJUN 2 1 19831
.." ACflON ON APPEAL
.AI /J ....~A~
~.... . ELAINE H. SNOWnEN
Appeal No. h 7 C;
Dated .Tune :::>Or11
.
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Ap~llant Peter Tomasic
Wappinqers Falls. NY 12590
Address
206 Old Hoper.:cll Road
At a meeting of the Zoning Board of Appeals on Jun e 1 4 t.h , 19 A 1 , Appeal No. h 7 S
was considered and the following action on the request for: ~ A VARIANCE, :J A SPECIAL USE PERMI'f. 0 AN
fl\.'TERPRETATION 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:
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:
c. The variance 0 would 0 would not change the character of the district, because:
t :;;:.; .",.
Therefore, it was further determined that the requested variance Xl be granted O-ge-deRieEi and that the previous
decision of the Enforcement Officer 0- be-ooflfiHfteElllil be reversed. PLEA SE 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 ofthe Zoning
Ordinance 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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€hairrnan;- Zoning Board of Appeals
CHAIRPERSON,
Appeal # 675
-2-
June 20th, 1983
At the June 14th, 1983 meeting of the Zoning Board of
Appeals, a motion was made by Mr. Caballero, that he (Mr. Tomasic)
be allowed to have the apartment as long as he (Mr. Tomasic)
lives in the house, if he sells the house or moves out, it cannot
be sold as a two-family house, and it must be Mr. Tomasic's principal
residence. The motion was seconded by Mr. Landolfi.
Vote:
Mrs. Waddle - aye
Mr. Cortellino - aye
Mr. Urciuoli - aye
Mr. Caballero - aye
Mr. Landolfi - aye
The motion was carried.
~yli2~
(Mrs.) Carol A. Waddle, Chairperson
-+
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TOWN OF WAPPINGER
NOTICE OF APPEAL
~ppellant Peter Tomasic
Wappingers Falls, New York
Home Mailing
~ddr~; 206 Old Hopewell Road
Zip Cod~:
12590
297-4810 (914)
Tel. #:
TO THE BOARD OF APPEALS:.
I, PETE R Tm1AS Ie, appeal from a d~'. on of the Zoning Inspector, dated
. October 29, , 19~ ,anddo hereby apply to the Zoning Board 0 ~ppeaIs for: IX1 ~ VARIANCE, 0 A
SPECIAL USE PERMI"f, 0 AN INTERPRETATION OF THE ZONING RDINANCE, 0 AN APPEAL AS AN
~GGRIEVED PERSON(S) (check proper one), in connection with premisesVocated at 206 01 d Hopewell Road . .
. 'lrl d'" 1"'21 C7 ~; . (sueet & no.)
OR-1A .. tJ ~..- b-. t)./ "J 7:) I. Town of Wappinger, N.Y
(zoning dist.) (grid no.) I .
I
;. PROVISION(S)OFTHEZONINGORDINANCEAPPEALED~cle 4, SecUon 422 to allow for
a rental apartment in a district \'/hich al1o\'/s only sin le familY'-yullLl,~. ~s.eS.
(article, section or subsection and para h)
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2. TYPE OF APPEAL (Complete relevant section). *
a. A VARIANCE IS REQUESTED for the following reasons: i
1) Strict application of the Zoning Ordinance would ~dUfe 1.91due Iiar. dship because: . .
~~i
2) The hardship created is unique and is not shared by all properties ~e in the immediate vicinity of this property
. .
and in this district because: . . ~ ~ I .
,fi)) The variance would ?b~erve the spirit of the <?rdinan~e ~d would bot change the ch~acter o(the c1Jstri~
L/ because: see exhtblts attached, sald exhlblts madera part of thlS appllcatlOn.
b. A SPECIAL. USE PERMIT IS REQUESTED pursuant to article .1. . ,section or subsection
t paragraph of the Zoning ordinan1e to permit the following use on the
above premises: i
c. INTERPRETATION of the Zoning Ordinance is requested because: !
!
i
d. ~GGRIEVED PERSON(S) an appeal is requested because: !
3. OTHER REMARKS:
I
;
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.
(Use extra sheets if necessary)
Signature
YJZ.'.. ~ ~ kn r
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· The required plan must accompany the Notice of Appeal.
,
APPELLANTS ARE RESPONSIBLE FOR THE COSTS INVOLVED IN;PUBLlSHING THE REQUIRED LEGAL
NOTICE IN THE LOCAL NEWSPAPER. I
"
contrary to common sense. I am bounded on one si by Old Hopewell Road. To the
left of the schematic I' am bounded by a gas stati and a tune-up area. To the
bottom I am surrounded by apartments. To the rig I am surrounded by trailers, a
pond and one lonely private house 500 feet away w 'chyou can barely see through
the trees. Surely the addition of a tenant to th landscape will not blight it,
congest it, be outrageous, or be contrary to comm sense, much less the Zoning
Law.
The board has already considered my appli tion arid has, prior to this,
denied same. It was denied because there was no owing of financial hardship.
Suffice it to say in reliance upon the actions of he Town of Wappinger I spent
thousands of dollars creating my addition when it as perfectly fine to do so.
It was inspected, the only thing that didn't happ was a certificate of occupancy.
The hardship created is unique because it was cre ed by the town, not by any-
thing I did. I did~everytfjing properly a.t the ti . The town did not issue
the certificate of occupancy despite the fact the uilding had been inspected.
In its earlier decision, asa final note, he board stated "the density
of the area would be adversely affect~d." I ref again to my schematic of
the area and ask you how could that possibly be e.
I sincerely pray that this time the appli tion for a variance will be
approved.
-3-
KLOSE. MELLEY. ATTORNEYS AT LAW. 35 EAST MARKET ST ET. RED HOOK. NEW YORK 12571
plan which showed an addition over the garage. A ached as Exhibit G is a copy
of the schematic as it relates to building permit 2-326. After all of my paper-
work had been submitted, building permit 72-326 f the completion of a residence
/Exhibit H
addition was issued. As a result of all of that, spent some time and con-
siderable money erecting an apartment over the ga gee
Still on file in the building inspector's in the Town of Wappinger
is the original vellum of the "alteration for Pet Tomasic. II The designations
"kitchen and livingroom" were erased by person or ersons unknown from that
original vellum. When submitted, the "alteration or Peter Tomasic" plot plan
had clearly endorsed on it those notations so the was no misunderstanding about
the fact a,living unit was to be constructed abov the garage.
In 1974 I completed the interior and exte or of the apartment. At that
time I asked the then building inspector to inspe the property and issue a
certificate of occupancy. Appearing in the file
the Town of Wappinger is the
notation dated June 6, 1974, "inspected it and fo d it very good." The notation
Since 1974 your petiR
was signed by the then building inspector Bruno H
tioner has been expecting a certificate of occupa y but to date none has been
issued.
Now, years later, I cannot afford to keep his house going without renting
out a portion thereof. It is my contention that nce I was issued the building
permit and completed the work in accordance with e building permits of 1972, it
was not my fault the zoning got changed and my ap tment was zoned out of existance.
Attached hereto as Exhibit I is a schematic drawi of the neighborhood in which
I live. The addition of an apartment to that nei borhood could hardly be con-
sidered to be contrary to the Zoning Law or contr y to good zoning practices, or
-2-
KLOSE. MEllEY. ATTORNEYS AT LAW. 35 EAST MARKET STR . RED HOOK, NEW YORK 12571
"
My name is Peter Tomasic. I own a house
Town of Wappinger. The house is located on a plo
quarter (1 3/4) acres in size, and, approximately
I am making this recitation in support of
Board of Appeals for a variance to permit me to r
place in my resident on Old Hopewell Road.
In 1972 through building application 72-1 I asked for permission to
demolish one room in my house, add a porch, and, e ct a garage. Attached as
Exhibit A is a copy of the building application. tached as Exhibit B is a copy
of the plot plan. Attached as Exhibit C is a cop f the building permit issued
in connection with the application. And, attached s Exhibit 0 is a copy of the
proposed plan approved in connection with building ermit 72-100.
As a result of the application and permiss n granted, I erected a two-
car garage and a por,~h on ~l' house.
At the time I purchased my house and at th time I erected the garage
and porch, I was located in an RD-20 zone which al wed, as far as I know,
apartments in single-family dwellings. When I dis vered that, I filed an
application for permission to increase the size of y house by adding an addi-
tion. Attached as Exhibit E is a copy of my build g application when I asked
for permission to build a "residence addition." I handwriting other than
mine, somebody added, and I believe it was the bui ing inspector at the time,
"one livingroom." He knew and I knew at the time at what we meant was rooms
206 Old Hopewell Road in the
pproximately one and three-
the middle of the property.
application to the Zoning
an apartment already in
sufficient for somebody else to live in. Attached s Exhibit F is a copy of the
plot plan.
As a result of the application and issuanc of the plot plan, John P.
Holler, then building inspector, approved for a bu ding permit the brand new
kLOSE.MELLEY. ATTORNEYSATLAW. 35 EAST MARKET STRE . RED HOOK, NEW YORK 12571
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BUILDING APPLlCATIO
TOWN OF WAPPINGER. N.
Tn'!: O~ APPLlCATlOlf
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according to the specifications berewith submitted. All provisions of the
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School District No. _V ,L "-.
Owner of land and building ,Is
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LOt: Area__:~_____ sq. ft. rrontage _c.:L_---=-__
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Distance of building from front lot lines (1) -L--_ ft.; Rear (2)..... (..
Size of building, front ~ ~.:.{~_ ft. rear :L2~~__ !t.; depth
No. of Stories .__~___ Height of b~i1ding to higbest point of roof
Number of families to occupy building _.___,.
Parking space (if commercial, industrial or professional use) for bow man
Garage-if attache"-How many cars _____....:__
Estimated cost $ -.!I ~l ?~~___ Estimated date of completion
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Distance b-om nearest dwelling house _____
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ft. Type of Construction __.:____________
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Accessory buildings; if any _________._
Accessory uses are
Distance of buildings from front lot line._____ ft.; rear lot line __
side lot lines (1)__ ft.; (2)''__ ft.
If application is for a building in a plot development or industrial district, p
to the Planning Board of the Town of Wappinger for approval.
Application is also submitted for a certificate of Occupancy for property d
thereof in compliance herewith, said properv to be used for the following
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and diagram as above is to be submitted
upon completion
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Lot No.
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Rec:eiv,ed _~ ',' ),11 . 0 ,.~,l, ?)
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Baildiac Iaapector. TOWD of W.ppiDF. N. Y,
1922.
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Also Two copies of bulldiDg plans drawn to Kale.
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TOWN OF WAPPIN
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BUILDING PERMIT f 7:J - / /J [)
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DATE
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vappingers Falls, t Y. 12590
Tel. 297-99 1
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TOWN Of WAPPINGER, N.
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according to the specifications herewith submitted. All provisions of the
Ihall be eompUed with tn ~~ith this operation whether specUl
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Addms -.fa
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Lot: Area-L/J-{/I",u.- sq. ft. Frontage -3.tJi-- _
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Size of building, f~nt :Ls..y;,.~~ ft. rear ________ ft.; depth__
No. of Stories:J..., ___ Height of building to highest point of roof
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Garage-it attached-How many cars _.__.________
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Accessory uses are
Distance of buildings from front lot line_____ ft.: rear lot line ____ .; side lot lines (1)____ ft.; (2)-__ ft.
Distance from nearest dwelUng house ___.._.__ ft.
U application is for a building in a plot development or industrial district,
to the Planning Board of the Town of Wappinger for approvaL
Application is also submitted for a certUlcate of Occupancy for property
thereof in eompliance herewith, said property to be used
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Also Two c:opies of bulldinK plans drawn to scale.
n and diagram as above is to be submitted
cribed in this application, upon completion
Section Lot No.
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Received I ,-' 19~
\"/'ld ) ./ ,J.J.i (l,T
Bui1diDc Inspector. Towu of WappiDp:r. N. Y.
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PLOT PLAN
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BUILDING PERMIT
TOWN OF WAPPINGER, N. .
ApPUCATlON No. ..$P..t:..3.....
Permission is hereby granted to ...&~...~
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.... ........ .......... ............. ............ .... ............................................... ....... ..... District .:.....If:!.~...~.: .:~...........
on .~4..!.K..f?L./.!.-<!.~..f~l:Ughw.y. road or Sir in e Town of W.ppinger. Dutch...
County, New York, in accordance with specifications contained' Ap lication No. ....3..g..f:.~..........
filed in office of Building Inspector, Town of Wappinger, New Y k,. CRcA...!~I-...!.'l.2.~.. .
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bIT No. ...2sd..:..J..~..k.......
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Dated at Wappingers Falls, New York
j:1.t~-:'11~~.1..-:....'j......., 19.2.~
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