11-7449
ZONING BOARD OF APPEALS
SECRETARY
Susan Dao - Ext. 122
ZONING ADMINISTRATOR
Barbara Roberti - Ext. 128
CODE ENFORCEMENT OFFICER
Salvatore Morello 1\1 - Ext. 142
FIRE INSPECTOR
Mark Liebermann - Ext. 127
CLERICAL ASSIST ANT
Michelle Gale - Ext 123
December 14,2011
SUPERVISOR
Barbara A Gutzler
TOWN BOARD
William H. Beale
Vincent Bettina
Ismay Czarniecki
Joseph P. Paoloni
ZONING BOARD OF APPEALS
Howard Prager, Chairman
Tom Dellacorte
Michael Kuzmicz
Thomas VanTine
AI Casella
ZONING BOARD OF APPEALS
20 MIDDLE BUSH ROAD
WAPPINGERS FALLS, NY 12590
PH: 845-297-6256
Fax: 845-297-0579
E-Mail: sdao@townofwappinger.us
[Ri~~~~~~[Q)
DEe 1 4 2011
TOWN OF WAPPINGER
TOWN CLERK
To: Christine Fulton
Town Clerk
From: Susan Dao, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Drago Decision
Appeal~o. 11-7449
Attached you will find the original Application/Decision & Order for
Michael and Martha Drago, 237 All Angels Hill Road, Wappinger Falls,
NY., Tax Grid ~o. 6257-02-851938. I would appreciate it if you would file
these documents.
Attachments
cc: Mr. & Mrs. Drago
Zoning Board
Town File
Building Inspector
TOWN OF WAPPINGER
P.O. BOX 324 - 20 MIDDLEBUSH ROAD
W APPINGERS FALLS. NY 1 25~0
Zoning Board of Appeals
Office: 845.297.1373 "" Fax: 845.297.4558
Zoning Enforcement Officer
Office: 845.297.6257
www.townofwappinger.us
ORZ
SINAL
Application for an Area Variance
Appeal #'=-
1/-7t/1f9
,
Dated:
I r. q -1/
(
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
J(We), M"~ -< ~~ ~.{~ residing at %7 All At>,e.(\ ft.u i?.J.-
vJ ... '1 I t ~ .~ ' M.-~- ~oo I (phonel, hereby appeal
to e oning Board of Appeals from the decision/action of the Zoning Administrator,
dated [)- 2()'- ;;201 ( , ~_, and do hereby apply for an area varlance(s).
. .
Premises located at ~S1 All Ani-t-b 1-/,// {(~
Tax Grid # (" ~ tr7- (:)~ - ~rl 93?"
Zoning District . R,-2o
1. Record Owner of Propertv M\e.kc.lJ ....
Address 13'7 All A~5.fls [h/l i0
Phone Number fJ4) -~- 'foot
Owner Co'nsent: Dated:. " ' /I "io/ I
. ~
\
-
2. 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.
2~OA3{
(Indicate Article, Section, Subsection and Paragraph)
Required: '-1"'5 ' . .
Applicant(s) can provide: ~ t;;5.'~ ~ I
Thus requesting: /Q,77' . (I),"JL.."l
To allow: r ,,,,"~ C
I "v... e- \
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TOW022.lBA-AAV (4-03 Rev> J of4
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No. . (t. II./o/f
,
Variance No.2
I(We) hereby apply to the ning Board of Appeal for a variance(s) of the following
requirements of the Zoning C e.
Required:
Applicant(s) can provide:
Thus requesting:
To allow:
3. Reason For Appeal (Please substantiate the request by answering the following questions in
detail. Use extra sheet, if necessary):
A. If your variance(s) is(are) granted, how will the character of the neighborhood or nearby
properties change? Will any of those changes be negative? Ple?lse explain your answer in detail.
j... lo~\\.t. vC.- a--
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+0 +-kJL (leI) U bo,rtu.o~,
B. Please explain why you need the varlance(s). Is there ani way to reach the same result'
without a variance(s)? Please be specific in your answer.
As ~
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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. .
:~ . '1'0.' ~c:...o. "....."" lJ..
........... ').c. ,--:r W~ \.~ (lc.)r
l <; ..,~ ~~ "101\ ')
0.1.\, €,c\.<..J. 51 (yo.-'\. ~ he......\-- c(- ~
b-< ~ 5io.hs+O-""~(4. ~ c~;""r f'n:,"'..... v.ll-o-. r
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.
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TOW022.ZBA-AA V (4-03 Rev) 2 of 4
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No. 1(-7t/t/9
FOR OFFICE USE ONLY
1. The requested variance(s) ( ) WILL / (X) WILL NOT produce an undesirable change in the
character of the neighborhood.
( ) YES / (X) N01 Substantial detriment will be created to nearby properties.
2. There ( ) IS(ARE) / ex: ) 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) ( ) IS(ARE) / (X) IS(ARE) NOT substantial.
4. The proposed variance(s) ( ) WILL / (X) WILL NOT have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty (X) IS / ( ) IS NOT self-created.
6. The property ( ) IS / ~ ) IS NOT unique to the neighborhood.
Conclusion: Therefore, it was determined the requested variance
Be ('!- ) 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 ranted a variance to allow - thc construction of a front
Where 75 feet setback from a count or state hi hwa is re uired, the
can provide 55.23 feet front yard setback. The ZBA granted a variance
feet.
orch.
a licant
of 19.77
( ) Findings & Facts Attached.
DATED: December 13, 2011
ZONING BOARD OF APPEALS
TOWN OF ~lPING~, IlW YORK
BY: ~~
(Chairman)
PRINT: ;/-ott/;t1tD )1;f-6f=1L
TowonZBA-AA v (4-03 Rev) 4 of 4
, I.)
Town of Wappinger Zoning Board of Appeals
Application for an Area Vtriance
. Appeal No. l -7l/tf9
E. How did your need for an area variance(s) come about? Is your difficulty self-created? Please
explain your answer in detail.
l)J
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~ ~V\.<-
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u-h~
~
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--
F. Is your property unique in the neighborhood that is needs this type of variance? Please explain
your answer in detail.
~~) ..fo\r-L
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4. List o~'chments (Check applicable information)
(v(5urvey Dated~. 7~ Jell ,Last Rfl'ised and
Prepared by ~_ ~ _-' 11/0 I^~'
() Plot Plan Dated
() Photos
() Drawings Dated
() Letter of Communica~ion which resulted in application to the ZBA.
(e.g., recommendation from thf] Pla~'1~'~g Board/Zoning Denial)
Letterfrom (ja.,Aaro- ~M~ . Dated: . (0-10 -II
Letter from . . Dated:
() Other (please list):
5. Signature and Verification
Please be advised that no application can be deemed complete unless signed below.
The applicant he7e y
SIGNATURE v,I!.
ates that all information given is accurate as of the date of application.
DATED: /J- <6- .<.0/1
SIGNATURE
DATED:
(If more than one Appellant)
TOW022.zBA-AA v (4-03 Rev) 3 of 4
PROJECT
ID I{U:;E~ If r
617.20
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
( To be completed by Applicant or Project Sponsor)
SEQR
1. APPLICANT / SPONSOR 2. PROJECT NAME
yY\ \<:.,"'-0.(,"\ .l-- f\-\tv~ ~ fbr-hc.o
3.PROJECT LOCATION: \J
Municipality 'v.)ll<Qpl"\.~n ~~lls County b;J",d.-.~S~
4. PRECISE LOCATION: Street Addess and Road intersections, Prominent landmarks etc - or provide map
';L?J7 An S\Vl<)-t..ls l{,\l ecc:....\.
./
5. IS PROPOSED ACTION: 0 New o Expansion ~dificatiOn / alteration
6. DESCRIBE PROJECT BRIEFLY:
ro.r~~ 0.,;-(/ .f.....o"-~ QA~
7. AMOUNT OF LAND AFFECTED: t..
Initially acres Ultimately acres '4>r~ ~~~
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
DYes GLr No If no, describe briefly: pr yA-~b f~r- /bo.c 1<
9. WHAT is PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
~eSidential o Industrial o Commercial DAgricu,ture 0 Park / Forest / Open Space o Other (describe)
10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (Federal. State or Local)
(g\.Yes DNO If yes. list agency name and permit I approval: \[)-....)"'- oJ... v1~?,^\~(" ~\l<; (A~pt'\o vw\
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
DYes [RINO If yes, list agency name and permit I approval:
1~ A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION?
. es 0 No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant I ;poo:;;rIJ, / Date: 11- 8 -J..bll
Signature
''/
j the action is a Costal Area and ou are a state a enc
PART 1. PROJECT INFORMATION
y g y,
complete the Coastal Assessment Form before proceeding with this assessment
Town of Wappinger
20 Middlebush Rd.
Wappingers Falls, NY 12590
(845) 297-6256
To: DRAGO, MICHAEL E
SBL: 6257-02-851938
Date of This Notice: 1 0/20/2011
Zone: R-20
Application #: 30965
For Property Located at: 237 ALL ANGELS HILL RD
Your application to:
-ADDITION MASTERBEDROeM-SUl-U:"K C~I nr<odM
& FRONT PORCH
is denied for the following deficiency under Section 240-37 of the Zoning Laws of the Town of
Wappinger
Front porch denied for front yard setback. 75 feet from front property line is
required on a state or county highway.
o "Accessory Structures must comply with all minimum yard setback requirements for buildings, but in no case
shall they be permitted in the front yard."
o '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 chapter..."
REAR YARD:
SIDE YARD (LEFT):
SIDE YARD (RIGHT):
FRONT YARD:
SIDE YARD (LEFT):
SIDE YARD (RIGHT):
R E QUI RED:
ft.
ft.
ft.
1? ft.
ft.
ft.
WHAT YOU CAN PROVIDE:
ft.
ft.
ft.
55". ~3 ft.
ft.
ft.
You have the right to appeal this decision to the Zoning Board of Appeals within 60 days of the date of this leUer. The Zoning
Board of Appeals meets the second and fourth Tuesday of the month. The 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.
veL .~ ^
/ ~a ~ 1.-d!c2i7
Barbara Roberti
Zoning Administrator
Town of Wappinger
-,,--..-~.~==;-=~=.-~-~~~~~=~
N/F ERICKSON
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343.57 FT
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FRAME
GARAGE
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100 FT
279.43FT
POLE 28732
:ARGER, PE., LS.
~EMATICAL ERRORS.
p 3427 WERE NOT SET ACCURATELY.
IG THE SOUTH PROPERTY LINE WAS HELD.
II.LL ON THE WEST LINE HELD.
SURVEY OF PROPERTY
PREPARED FOR
& CERTIFIED TO
MICHAEL DRAGO
MARTHA DRAGO
SITUATED IN
TOWN OF WAPPINGER
COUNTY OF DUTCHESS
STATE OF NEW YORK
SCALE: 1" = 20'
SURVEYED AS IN POSSESSION
FILED MAP 3427
48
49
FILED MAP 3427
PIN SET @ INT WALLS
S 33050'20" W
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FILED MAP 3427
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PIN SET
~. N 39034'00" E
99FT
CERTIFIED TO:
NOTE:
1. Copyright 2011 Matthew A. Noviello. All rights
are reserved. Duplication of this document is a
violation of Federal Copyright Law.
2. Unathorized alteration or addition to a survey
. n '-'-'~""~--"~--'-'~~~-- map bearing a licensed Land Surveyor's seal is a
violation of section 7209, subdivision 2 of the
New York State Education Law.
SURVEYED: _~.._~J..1AY 7~2Q11__ 3. Only survey maps with the Land Surveyor's
BROUGHT TO DATE embossed seal are genuine true and correct
BROUGHT TO DATE copies of the surveyor's orignal work and opinion.
MATTHEW A NOVIELLO P E L S 4. Certifications on this survey map signify that
. , . ., . .the map was prepared in accordance with current or
CONSUL TING ENGINEERING existing Code of Practice for Land Surveys adopted
& LAND SURVEYING by the N.Y.S. Associatio~ of ~rof~s~io~al Land
Surveyors, Inc. The certification IS limited to persons
77 HUGHSON ROAD for whom the survey map is prepared, or certified to
CARMEL, NY 10512 on this survey map.
(845) 225-4004
Noviello@EngineerNY.com 5. The certifications herein are not transferable.
"'I~,A,~ ~ a:/J"lID ~,9;;, "',, (' 6. The location of underground improvements or
_~_rt:~~_L!' / v..J encrachments are not always known and often
1 . MATTl.IEw A NOVIELLO PEL S must be estimated. If any underground
) y . J ", J I' J'I ' , improvements or encroachments exist or are
........... ...,............., ,................. I I,.................. ..._ "'''''''''T~ c:ht\lA/n thA imnrn\l,:lmlll:lntCl nr ~nr.rn::ar.hmlll:lnh:. ::IrA
----..-.-'j
FRAME
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en
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PIN SET
FILED MAP 3427 79
NOTE:
1. FILED MAP 3427 WAS DONE BY RICHAI
2. FILED MAP 3427 CONTAINS NUMEROU
3. THE MONUMENTS CALLED FOR ON FIL
4. THE CENTERLINE OF THE STONE WAL
5. THE ROADFACE OF BASE STONES OF
TOWN OF WAPPINGER
TAX MAP 19 - 6257 - 2 - 851938
AREA = 35,984 +/- sa. FT.
= 0.826 +/- ACRES