10-7416
TOWN OF WAPPINGER
Howard J. Prager, Chairman
Thomas DellaCorte
AI Casella
Patrick McVeigh
Michael Kuzmicz
TOWN SUPERVISOR
Christopher J. Colsey
SECRETARY TO ZONING BOARD
Barbara Roberti
ZONING BOARD OF APPEALS
TOWN BOARD
William H. Beale
Vincent Bettina
Isrnay Czamiecki
Joseph P. Paoloni
April 14,2010
From:
Chris Masterson
Town Clerk
Barbara Roberti, Secretary ~
Town of Wappinger Zoning Board of Appeals
\
To:
Re:
Ott Decision
Appeal No. 10-7416
Attached you will find the original Application/Decision & Order for Paul &
Mary Ott, 45 Helen Drive, Wappinger Falls, NY., Tax Grid No. 6158-02-
760874. I would appreciate it if you would file these documents.
Attachments
cc: Mr. & Mrs. Ott
Zoning Board
Town File
Town Attorney
Building Inspector
TOWN OF WAPPINGER
P.O. Box 324 - 20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
Zoning Board of Appeals
Office: 845.297.1373'" Fax: 845.297.4558
Zoning Enforcement Officer
Office: 845.297.6257
www.townofwappinger.us
Application for an Area Variance
Appeal #
/t:J.- 7L//?
Dated:
Y>>c:MdA /9, dC/&?
remises located at '16/1r:./Lh f)(';Vt
, ax .Grid ~ ~'9 / tJ}fF;~.:J. -7~1J fl').fI. 0000
onlng Dlstnct - ,
Record Owner of ProperW f ~ J) 8~ '
Address 1j.<' lit-lt.-/) Dr1\/c .... ()OO/h~/."('l N,Y, J:l5'YtJ
Phone Numbe@~..m~ " . f) () /1 LJ-
Owner Consent: Dated: I/O Signature: r a./"q t71A
Printed: PQ II J /11",
Variance(s) Request:
Variance No.1
I(We) hereby apply to the Zoning Board of Appeals for a variance(s) of the following
requirements of the Zoning Code.
v2'10.3'7
(Indicate Article, S~crtion, Subsection and Paragraph)
Req u ired: 30 fi. -+0 'f..etLr .
Applicant(s) can provide: j()-fl+....J.o (ear
Thus requesting: 80 .-f+
To allow: - J~)( 83 FW I
@
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No.
Variance No.2
I(We) hereby apply to the Zoning Board of Appeals for a variance(s) of the following
requirements of the Zoning Code.
61 '+0 . 3 7
(Indicate Article, 11n, Subsection and Paragraph)
Required: / vi)-
Applicant(s) can provide: /- j)
Thus requesting:
To allow:
Reason For Appeal (Please substantiate the request by answering the following questions in
detail. Use extra sheet, if necessary):
. If your variance(s) is(are) granted, how will the character of the neighborhood or nearby
roperties change? Will any of those changes be negative? Please explain your answer in detail.
B. Please explain why you need the variance(s). Is there any way to reach the same result
without a variance(s)? Please be specific in your answer.
7] nJa~ 15:P}J:rfrj::&. fj),':-i:~~~~ /)tg :l~:j ~ ;//'1:/ /J-rr:.
C. How big is the change from the standards set out in the zoning law? Is the requested area
variance(s) substantial? If not, please explain, in detail, why it is not substantial.
If~c,;;;:rJ'fs ~r/;/;~f}'J/":tt;~l,'q~~ 9+.
t >1 e. ",j J..<",~.. If.... ~
D. If your variance(s) is(are) granted, will the physical environmental conditions in the
neighborhood or district be impacted? Please explain, in detail, why or why not.
1h~L;.tf;;;i :;'~v' Y~f'nr.;l f~ 1"m1~t/::l q-F f~ ...
"'",,",-
TOW022.lBA-AA V (4-03 Rev) 2 of 4
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No.
E. How did your need for an area variance(s) come about? Is your difficulty self-created? Please
explain your answer in detail.
1: n "~ ~ II~ (" ~~c::, h;t ~ ':; ~~ UJ h &... e fJ., e le a C J., [,.., Jd..; Q....~
lot!. .I:~ 7 ~ c; ~ ~ 2.J~6 .I-J,~ ~&(1j Coo/) be ~~; ,.~.
F. Is your property unique in the neighborhood that is needs this type of variance? Please explain
your answer in detail.
The. r~qr" oP f.Z/~ ~ rr:e.~r~ ~~-; :;~nl J~4 (7A F/6),JS +h rrt-
,. s W ,..,,) .f h /..s (J f · C1 J. /
/
List of attachments (Check applicable information)
( ) Survey Dated
Prepared by
(v(' Plot Plan Dated
, Last Revised
and
8//9/;tJ
I
() Photos
() Drawings Dated
Cl/Letter of Comm ication which resulted in application to the ZBA.
(e.g., recomm hd tio he Planning Board/Zoning Denial)
Letter from Dated:
Letter from Dated:
3~9/fo
/ /
() Other (please list):
5. Signature and Verification
Please be advised that no application can be deemed complete unless signed below.
The applicant hereby states that all information given is accurate as of the date of application.
p~ rY~
(Appellant)
DATED: 3)/9) )0
DATED:
(If more than one Appellant)
TOW022.zBA-AA v (4-03 Rev) 3 of 4
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No.
FOR OFFICE USE ONLY
1. The requested variance(s) ( ) WILL / & ) WILL NOT produce an undesirable change in the
character of the neighborhood.
( ) YES / ex) NO, Substantial detriment will be created to nearby properties.
2. There ( ) IS(ARE) / t ) IS(ARE) NO other feasible methods available for you to pursue to
achieve the benefit you seek other than the requested variance(s).
3. The requested area variance(s) ex) IS(ARE) / ( ) IS(ARE) NOT substantial.
4. The proposed variance(s) ( ) WILL / Oc ) WILL NOT have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty ex) IS / ( ) IS NOT self-created.
6. The property ( ) IS / (x) IS NOT unique to the neighborhood.
Conclusion: Therefore, it was determined the requested variance
Be (X) GRANTED () DENIED.
Conditions/Stipulations: The following conditions and/or stipulations were adopted by resolution
of the Board as part of the action stated above:
The ZBA has voted to grant the following three variances:
1: Where 30 ft. to the rear is required, the applicant can provide 10 ft. for a 18'
X 33' AG pool, thus requesting a 20 ft. variance to the rear.
2: Where 15 ft. to the side is required, the applicant can provide 10ft. for the pool,
thus requesting a 5 ft. variance to the side.
3. Where 15 ft. to the side is required, the applicant can provide ~ it. to the side
for a 10' X 25' deck, thus requesting a variance for 7 ft.
( iJ Findings & Facts Attached.
DATED: April 14, 2010
ZONING BOARD OF APPEALS
TOWN OF,WiINGER, NEW7K
BY: LL~ {;,
PRINT: ;t:;;;nJ:;r:
TOW022.ZBA-AA V (4-03 Rev) 4 of 4
PROJECT ID NUMBER
617.20
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
( To be completed by Applicant or Project Sponsor)
2. PROJECT NAME
SEQR
PART 1. PROJECT INFORMATION
1. APP~T I SPOO~~
3.PROJECT LOCATlO~ . I .
o/S HC/8(} vr/v&- Wt:llf'n.3.er-S IV.V
Municipality / / /
County
4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc -or provide map
5. IS PROPOSED ACTION: ~ New
. DESCRIBE PROJECT BRIEFLY:
:C/J5..fal/9f/fJ/1 0+' abcPVe, .i'-ClI/~J ~t1t:J J ..",d66-k,
D Expansion D Modification I alteration
7. AMOUNT OF LAND AFFECTED:
Initially acres Ultimately acres b a
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER
C8I Yes D No If no, describe briefly:
~
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
IX! Residential D Industrial D Commercial DAQriCulture D Park I Forest I Open Space
D Other (describe)
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (Federal, State or Local)
DYes IXI No If yes, list agency name and permit I approval:
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAl?
DYes ~NO If yes, list agency name and permit I approval:
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION?
No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
f}jj-
Date:
3)/9)~
If the action is a Costal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
TOWN OF WAPPINGER
Code Enforcement Department
20 Middlebush Road
Wappingers Falls, N.Y. 12590
tel (845) 297-6256 fax (845) 297-0579
03/19/2010
29737
OTT, PAUL
OTT, MARY
45 HELEN DR
WAPPINGER FALLS NY
125900000
Grid Number: 89/6158-02-760874-0000
Site Address: 45 HELEN DR
ZONE:f!--O
Your APPLICATION 29737 for a permit to construct
INSTALL A/G POOL 18' X 33' W/DECK 10' X 25'
is hereby DENIED on the basis of Section: 240-37 of the Town of Wappinger Zoning Law, which stipulates:
o
V
"Accessory Structures must comply with all minimum yard setback requirements for buildings,
but in no case shall they be permitted in the front yard."
"This zoning district has a front yard requirement of seventy-five feet (75') from a state or
County road."
Does NOT MEET dimensional requirement for Zone.
o As per code Section 240-26, which states: "The use of tents, trailers and mobile homes for permanent dwelling purposes
shall not be permitted in any district except as permitted and regulated in Section 240-51, Mobile home park, of this hapter..."
f)~ L-f!-
o
RE
D:
ft
ft
WHAT YOU CAN PROVIDE:
ft
oeL
I tJ (
If) {
l
R YARD:
SIDE YARD (LEFT):
FRONT YARD:
SIDE YARD (LEFT):
SIDE YARD (RIGHT):
ft
ft
ft
ft
ft
ft
You have the right to appeal this decision to the Zoning Board of Appeals within 60 days of he date of this
letter. The Zoning Board of Appeals meets the second and fourth Tuesday of the month. T e area variance
appeal will require at least two meetings, one for discussion and one for a Public Hearing. The required forms
can be obtained at this office.
o
Zoning Ad III I 1I;,J,tFiltOF-' /' e-O
Town of Wappinger e-..:
TO"-'N OF \V APPINGER BUILDING DEP ART1\1ENT
20 Middlebush Road, Wappingers Falls, N.Y. 12590
telephone: 845-297-6256 fax: 845-297-0579
APPLICATION FOR BUILDING PERMIT
APPLICATION TYPE: . Residential ZONE: A /,;' DATE:.;) - 19-/0
@ New Construction 0 Commercial APPL #: d17.31 PERMIT # /
o Renovation/Alteration 0 Multiple Dwelling GRID: ft, / j8' - 0 d- - 7 &tJ g 71
APPLICANT NAME: fb u) 0 i-t'
ADDRESS: it) fl,;.)/.. n fh-;'J/L 'v\!tjnDI >":1".,,') Ny,
, ~ I /1 , I
TEL#: ),97. 7705 CELL:19j. 7x9_~ -' FAX#:
/';~CI~1'
E-MAIL: S()~cl-y)..J (}fa 4)
I ' '
oPhj/,i, he... /)C- T
NAME OWNER OF BUILDING/LAND: ~ U I 0 t-r
*PROJECT SITE ADDRESS*: 1../5" JI L )1"1, 0 r ; V c
MAILING ADDRESS: \.-'V~~I :-p i/l(J~XS. N.y. /,? 5;'90
TEL#: ;),97. 7qt~- CELL: g(jj. '}6(1~.! FAX#:
E-MAIL: 5peJ I-f " hA a{/ {i,..
. IJ"' "+
()f re.),) /I)c. f)c>
BUILDER/CONTRACTOR DOING WORK:
COMPANY NAME:
ADDRESS:
TEL #: CELL:
DESIGN PROFESSIONAL NAME:
TEL #: CELL:
APPLICATION FOR: F::~(. \ 11;/ ~
FAX#:
E-MAIL:
FAX#:
E-MAIL:
! R) X J~ I
SETBACKS: FRONT:
SIZE OF STRUCTURE:
ESTIMATED COST: TYPE OF USE:
NON-REFUNDABLE APPL. FEE: /; 1S P AID ON]- / i-I 0 CHECK #
BALANCE DUE: PAID ON: CHECK #
REAR:
L-SIDEY ARD:
R-SIDEY ARD:
RECEIPT#: dJ 737
RECEIPT #:
APPRO" ALS:
'>WNIN~AD
;;W.' '"7 APP. ~v~d .
~\, -'_;if
/ P(~LJ. 0_tr
Signature of Applicant
FIRE INSPECTOR:
o Approved 0 Denied Date:
Signature of Building Inspector
>~I
6
TOWN OF WAPPINGER
PLOT PLAN
APPLICATION #:
BUILDING PERMIT #:
GRID#:
OWNER OF LAND:
INTERIOR OR CORNER LOT:
- - -
T
Rear Yard
gu'
ft.
1
/01
B
~.
><
~'XI
.tJ .......
~
HOUSE
.
0..
Q)
Q)
o
d
T
Front
Set Back
Nearest Street
1
ft. Frontage
f1.
...... ..................
. INSTRUCTIONS ·
: (1) DRAW structure where you Intend to place it :
. (2) LABEL dimensions. ·
. (3) LIST how far the structure is from house and ·
. also the setbacks from structure to your ·
.. .
. property line ·
........ ... .............
DATE:
3//7
,
~ K--/J
/ ~' ~ S /At::-
I
30'1 # _ K~fJ,e
ZONE:
- - -
r~:~:~~~-::~~'~ .'Ii~:~::.~,.c ;',
MAR /~ 2010 .
.
Side Yard
/ t ft.
.
f1.
Nearest Street
ft.
INDICATE LOCATION of WELL and SEWAGE SYSTEM
and THE DISTANCE of EACH FROM HOUSE
,
,
,
,
,
,
,
,
/
,
,
,
,
,
,
HOUSE # and STREET:
,
,
,
,
,
,
"
,
,
,
,
,
,
,
Sigll8turc of Applicant: 'f;
Mark North Point
.,) ". J\:j..\-/,
Ct ~\ C>_V-
'''hite - ,"!JjJ!iWIlI 's CO!JI'
Yellow - Office COP)'
Pink - Assessor '.\ Office COjJl)