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643 Parcel # 6157-02-637535 All 4 ~ ZONING BOARD OF APPEALS ~- qrcElvED TOWN OF \VAPPINGER t' . DEe 1 6 1982, ACTION ON APPEAL .. Appeal No. .........643....._.._._.. Dated ..D.e.cembe:r::J6:t.b, 1982 ELAlflE H. SNOWDEN Appellant ...l?e.te.r.....T.amas.i.c......................................................................... Address.........2.06.....Ql.g....HQP~.w.~l.1.-R.o..a d ........W.appi.og.e:r::.a...Eal~s.,......NY.......~25.9.Q..............................................................................._...............................................___......__.. At a meeting of the Zoning Board of Appeals on .........................D.ecemb.er....l4.th..................................., 19....82, Appeal No....6.43............. was considered and the following action on the request for: [] A VARIA..."\CE, o A SPECIAL USE PERMIT, 0 AN INTERPRETATIO~ OF THE ZOl'nl\G ORDI~.-L'CE, o AN APPEAL AS AN AGGRIEVED PERSON(S), was taken: I . VARIANCE: By resolution of the Board, it was determined tha.t strict application of the OrcE:unce o 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: ...................................................................................................._....._.... ..........................-............................................................................................................_............_......._....~...............n.....................__~.......___._ 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: ...._....._..... .n..................~.~...........~..n.........._~......................................................................................~..._............._......~........................................u......_..._.__~ ...........................................................................................................................................~..............._._..._........n.~....................._.......__.._......____ c. The variance 0 would 0 would not change tr.: character of the district, because: ......._.~._....:. ................................................................................................................................................................-.....-............-.........................--......--...-...- ............................................................................................................................................................-...................................-.....-.......-.- -..' - 'It:.,.: ''\"" 'r-herefore, it was further determined that the requested variance g.98.-gl=Ol.oRkG [XI be denied a."ld that the previous deci;ion of the Enforcement Officer fKI be confirmed B-be-rEW€f'5oe4.- PLEASE SEE ATTACHMENT 2. SPECIAL USE PERl\1IT: 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 En- forcement Officer 0 be reversed 0 be confirmed, because: .................................................................................._._.. ................................................................................................................................................................-........................--.......................-....-.-..-...---- .....................-...............................................................................................................................................................~.........................................._._._-_.-... 3. INTERPRETATION: The Board adopted the following resolution which stated its interpre:ation of the Zoning Ordinance as requested in your appeal: ..............................................................................._.............._........_ '.... .......................... ....... ....................... ......... ......... ..... .... .............................. ...... .................................................................................... ............_........._~-_.._._.. ..................................................................................................................... ........................................ ......~.....................................................................h~h_...... .. . -.. .... ............. .......... ...... ................ .... .............................. ....... ............... ..... ....,......... ...... .......... ...... ... . ... ......~............................................................h.__.._."_" 4. AGGRIEVED PERSON (S): By resolution of the Board, the following decision was made on your :tppeal: .................................. ......... ............ ...... ...... ............ ......... ........... ... ..... ............. ....... ............................................................................. ..........._..... ... .................... ..... ............. .................... ......,....,. ......... ..... ........ .......... ..... ,..... ......,... ........ ...... ....... ........ ..................... .......... ........ ......... ....... ......................._-~._..._. ......._.~vttl;;;;;jR~-- ...... ..... ........ .......... ................- ......... .. ........... ....................................... ..~..._~_....- GnillllW) Zoning Board of Appeals CHAIRPERSON, ApPEia1 # 643 . . -2- December 16th, 1982 At the December 14th, 1982 meeting of the Zoning Board of Appeals, Chairperson Waddle read the Board's findings and decision, a copy of which is attached and a motion was then made by Mr. Corte11ino, that the requested variance be denied. The motion was seconded by Mr. Caballero. vote: Mrs. Waddle - aye Mr. Corte11ino - aye Mr. Urciuo1i - aye Mr. Caballero - aye Mr. Landolfi - aye The motion was carried. ~V~d'~ (Mrs.) Carol A. Waddle, Chairperson Attachment ----------------------------------------x In the Matter of the Appeal of APPEAL NO. 643 PETER TOMASIC ----------------------------------------x FINDINGS OF FACT Applicant applied in 1972 for a building permit to add a living room to an existing single family residence. Subsequent thereto, and at dates unspecified, petitioner commenced construction of the living room and several other rooms for which an application had not been sought. The premises is situated in an area zoned OR-lOA and is adjacent to a mobile home park. Rental units are available within the park. DECISION The request for a variance must be denied. Applicant has failed to satisfy any of the ~hree-fold requirements for a variance, making no showing of financial hardship as no dollar and cents proof was offered that the principal permitted use of the property, a single family residence, could not be used for such purpose. Moreover, the hardship is not unique, being one that was self-created rather than one arising from the nature of the land in question. Finally, the density of the area would be adversely affected. NOTICE OF APPEAL Appeal No. 6 ,y.,~ , .~I Date /!}~9 ~ ~ , .... I ! TO~~1 OF WAPPINGER ~ ,- Appellant jJcrE7~ 7V f1 tiS ( C" 1<0 LUi/fJPr/v ora !""t-l(c"$ I'{Y . " TO THE BOARD OF APPEALS: I, PeTEIZ ToHIISt(c , appeal from a decision of the Zoning Inspector, dated , 19___, and do hereby apply to the O~- 1. A (zoning dist.) ,iJl)1-0l,. - fo3153<;" (grid no.) for:~A VAR~CE,r:IA SPECIAL USE PERMIT,t:]AN INTER- ORDINANCE, DAN APPEAL AS AN AGGRIEVED PERSON (S) " (Gheck tJl~~ ~ (street & no.) , Town of Wappinger, N.Y. zoning Board of Appeals PRETATION OF THE ZONING proper one), in connection with premises located at 2.0[? 1. PROVISION(S) OF THE ZONING ORDINANCE APPEALED .A-r1<6lc -nz:.-. Sc<::'-h~ 4-zz-- ~e~~\". ~ t,"A-~...k \~ q \S~vt- ~~\~~ ~-1\\~<; ~ section or subsection and paragraph) ti\ S\~C,k..~M\ \'\ V'\~e.... 2. TYPE OF APPEAL (Coijlplete relevant section). * a" A VARIANCE IS REQUESTED.for the following reasons: 1) Strict application of the Zoning Ordinance would produce undue hardship because: The building permit for.the addition, including a kitchen, was obtained in 1972 when the zoning classification was RD-20. The addition ~s complete and if not now used for the original intent would create a financial hardship. 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: The permit was obtained in 1972 when consistent with the zoning classification of RD-20i the construction has been in progress from 1972 and is now complete, even though the zoning classification was changed in 1980 to OR-lAi the dwelling is no longer usable as a singl 3) The variance would observe the spirit of the Ordinance and would not change the character of the district because: The area of my dwelling is still a residential areai other residences in this area are in the classification of multi-family dwellings. I b. A SPECIAL USE PERMIT IS REQUESTED pursuant to article , section or subsection , paragraph of the Zoning Ordinance to permit the following use on the above premises: 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) Signature'- ,2.H--. . w..r+ /O/1AA C 4-t <. * The rcqui=~d plan ~U3t accompany the Notice of Appeal. APPELlANTS ~~E RESPCNSr3LE FO? T~ COSTS LF~AL NOTICE IN THE. LrnAL NEWSPAPER. I~!V()LVED ::1 Pt:""BLISHING m~~ .........&...4 ~'8QtrT'RB1) . . ~ ."."<, ". ~"';;'.~~ ,.-.- "~,': r, ; 206 Old Hopewell Road Wappingers Falls, New York 12590 October 5, 1982 Board of Appeals Town of Wappingers Wappingers Falls, New York 12590 Dear Sirs: Enclosed please find a Notice of Appeal that requests a variance in the zoning ordinance governing my property. The details of this request are as follows: In 1972, I obtained a permit #72-326 for a two-family dwelling in the Town of Wappingers in a zone that was then classified as RD-20. It was my intention to build an addition to my house that would be occupied by my parents. This addition is now complete, But because of advanced age and ill health, my parents are unable to accommodate this arrangement. The cost of construction, current and anticipated maintenance of this addition have now created a financial hardship which I can only resolve by collecting rent on this apartment. Also, the zoning was changed in 1980 to OR-lA, but since there are other residences in the area that are of the same classi- fication as my dwelling (multi-family), I assume that this permit will not violate the present zoning classification. I look forward to your favorable disposition of this request. Thank you in advance for your cooperation. Sincerely, Peter Tomasic z~ / ".. .~ '7 -r;;1A (;,4{( " OFFICE OF THE ZONING ADMINISTRATOR TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS, N. Y. 1Z590 T.... 2D7-82D8 October 20, 1982 Peter Tomasic 206 Old Hopewell Road Wappingers Falls, New York 12590 RE: Conversion of addition to a rental unit Dear Mr. Tomasic: As Zoning Administrator I must deny your request to convert the section of your houSe built as an addition in 1972 into a rental unit. Your zoning district is OR-lA, which permits only one residential use per lot. ~. In researching your permit #72-326, I find that although you were zoned RD-20(multi-family) in 1972, the required special use permit was not requested or granted nor was site plan approval obtained. "'... - ~,.. -'I'r. Although the submitted plans showed a kitchen, living room and two bed- rooms, the Itkitchen" and "living room" words were erased from the approved plans and the "Building Application" stated the use as a '~residence addition..." "one living room". In any event a Certificate of Occupancy was never issued for the addition and a new permit must be taken out for the completion of the addition. As we previously discussed, you have filled out an Appeal for a Variance to allow the rental of the addition and will be on the November 9th Zoning Board of Appeals agenda. If the Board grants a variance, you could then apply for a building permit. Sin erel~ ~ns ~. ti~~~ Building Inspector & Zoning Administrator HRG/dlh attachments {pO I 7-- BUILDING APPLICATION TOWN OF WAPPINGER, N. Y. TYPE OF APPLICATION BesldentiaL-~ CommerciaL Industrial Farm & Rural Zone If 0- 'Z.... 0 Permit No. 2.:L - 3:( (p Application No. 3 0 r:=3 SUb.D~i1. no" _______. /' 1. We '4 I (Jf1/l ~ Name of Applicant H&fL~~Le ~{ Building Site hereby make application for a permit to erect ( ): alter <. ): convert ( /'L~~ _ CJ.-/d/~~ ): use ( ): aecording to the speeiflcations herewith submitted. All provisions of the Building Ordinance of the Town of Wappinger shall be .comp1i~ with in CO~ti~ith this operation whether specified herein or not. . Nearest mterseetmg roads ~-- -=-. - . School DIStrict NO.(J4.. C31 Owner of lan~d b~M l::v___ Address J-t.:L~ .-. . (Yrl~Z. /J )( Phone Um:i2 Builder ~--------- Address' ~&-z.~ Phone Lot: Area_ ___ sq. ft. Frontage _..__JX D feet. D~ce of building from front lot lines (1) -f(2.-- ft.; Rear (2) 2.....tJ (!) ft.; Side (3) .!lD- ft.: Side (4) ~(b_ ft. Size of building, fro.nt ~-~~-~~1-. ft. rear -.--.-----..---.-- ft.; depth ---.-------- ft. Building area ~!J..;.s.-- sq. ft. No. of Stories ..__d~._____ Height of building to highest point of roof ____ ft. Type of Construction __________________ Number of families to occupy building ..__.__<-______.__.____._____ Number of rooms ______________ Parking space (if commercial, industrial or professional use) for how many motor vehicles __._._________.__._________ Garage-if attached-How many cars ___._._____._.___.____.__.. Estimated cost $ --4!J:.Q--9.----.-.--.--..- Estimated date of completion Accessory buildings; if any __OU'....._...._.____.__...__.____.___._________ ~.il23 Accessory uses are ___000._.___._____.______.....___._____.___.___... Distance of buildings from front lot line_._...__...___._.._ ft.: rear lot line ..______._. ft.: side lot lines (1)._ _____..._ ft.; <2>-___000____.___ ft. Distance from nearest dwelling house .___....._..__.____000__ ft. If application is for a building in a plot development or industrial district. plan and diagram as above is to be submitted to the Planning Board of the Town of Wappinger for approval. Application is also submitted for a certificate of Occupancy for property described in this application. upon completion !borea' in eomplianl!J:::!b. ";/1;;;;;' -- 'X. following ....... and ~ o!ber. r SectioD~'-__LotNo.'-"'- 'k /(p-../2#<--t . .). . Signature of Applicant ~V.. '.~~-~='.:Z: -;~ "412-3J)~~ k #tl<-~ Fee - t ~-- Dotot wri/.e here /t-e. Note: Two copies of diagram. drawn to scale. of 10& or plot development and sbowinK location of tI buildinp and water supply and sewage system thereon are herewith submitted.. Two eopies of "Information to be supplied by buUder." Also Two copies of building plans drawn to scale.