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005 TOWN OF WAPPINGER ZONING ADMINISTRATOR TATlANA LUKIANOFF SUPERVISOR JOSEPH RUGGIERO September 11, 2003 ZONING DEPARTMENT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-6257 FAX: (845) 297-4558 TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI Planning Board Members Town of Wappinger RE: SLD Holdings. LLC. Route 9 Tax Grid # 6156-02-737984 Dear Planning Board Members: As per your request I have researched the matter of whether an Area Variance would be necessary for the temporary installation of a sewage disposal system at the above referenced location. Said system, consisting of five subterraneous components with associated piping, as well as a sand filter building, infringes into the setback requirement of the site. The proposed system is definitely a structure. Section 240-5 of The Code of the Town of Wappinaer defines structure as "anything constructed or erected, the use of which requires location on, in or under the ground.........." As such it will require an Area Variance. Moreover, I will definitely request that, should the Zoning Board of Appeals grant this appeal, conditions be imposed on the variance so that the structure in question, particularly the sand filter building, could not be converted and/or adapted for another use once the presentlv specified use is discontinued. Any future changes would first require Planning Board approval. RECE\VEO SEP '5 2003 TOWN CLERK Very truly yours, C' v~#karyf Tatiana Lukianoff Zoning Administrator cc: Hon. Joseph Ruggiero, Supervisor Town Board Members Hon. Gloria Morse, Town Clerk Zoning Board of Appeals Members Mr. Arthur DeDominicus, applicant Mr. Daniel G. Koehler, engineer for Oswald & Gillespie, PC Mr. Albert P. Roberts, Esq. Mr. Jay paggi, Jr., P.E. Mr. Daniel Wery, AICP file