13-7478T'O~N SUPERVISOR TOWN OF WAPPINGER Zoning Board of Appeals
Barbaza Gutzler
ZONING ADMINSITRATOR Howard Prager, Chairman
Barbaza Roberti X128 Tom Dellacorte
ZONING SECRETARY Al Casella
Sue Rose X122 Robert Johnston
Peter Galotti
ZONING BOARD OF APPEALS
20 MIDDLEBUSH ROAD
WAPP(NGERS FALLS, NY 12590
845-297-6256
E~I1~~1~~.~
July 2, 2013
To: Christine Fulton
Town Clerk
From: Susan Dao, Acting Secretary
Town of Wappinger Zoning Board of Appeals
Re: Danny & Anna Leone
Appeal No. 13-7478
Attached you will find the original Application/Decision & Order for
Danny & Anna Leone, 1 Amherst Lane, Wappinger Falls, NY. Tax Grid No
6057-02-700508. I would appreciate it if you would file these documents.
Attachments
cc: Danny & Anna Leone
Zoning Board
Town File
Building File
James Horan
JUL ~ ~ ~ :~
~; , ~~
--,~- q~.
!ir„/ `"~
TOWN OF WAPPINGER
P.O. Box 324 ~ 20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 1 2590
Zoning Board of Appeals ~"
Office: 845.297.1373 ~ Fax: 845.297,4558,; j i
Zoning Enforcement Officer ~ic~„ ~1i`'~~~~Y~ ~~~~,
Office: 845.297.6257
www.townofwappinger.us
Application for an Area Variance
Appeal # ~~ + ~ y ~
Dated: ~ _ ~~~13
TOWN OF WAPPINGER, NEW YORK:
TO THE ZONING BOARD OF APPEALS,
.r. lf~yl h-~h~- residin at -'i~r)~ ST ~0."t~~ '
I We), ~ S~ -~ ~ ~(~_ ~ (phone), hereby appeal
to the oning oard of Appeals from the decision/action of the Zoning Administrator,
~gN /~,_, 200L, and do hereby apply for an area variance(s).
dated _.~-
Premises located at~~_ Yri e'
Tax Grid # -0 OU ~ d
Zoning District ~ ~ S
1. Record Owner of Property~I~ilnu ~ nAQ he0/1 `~ -
Address / />7 '~ ~b ~'
Phone Number so7 --
Owner Consent: Dated: Signature:
Printed
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.
(Indicate ~r~cj
Required:
Applicant(s) can provide:
Thus requesting:
To allow:
Section,
~'T
Subsection and Paragraph)
F~ >~
10\~'0227i3A-AAV (4-0? Rey') 1 of4
Town o~appinger Zoning Board of Appeals
Application for an Area xari, nce
Appeal No, 1b ~~~~
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.
(Indicate / ticle~Se~tio ,Subsection and Paragraph)
Required
Applicant(s) can provide: T
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 varian e?sW II any of those~changeslbe negative?r Please explaboyo~~ a~swerib detail.
properties Chang
~-o
-Ti•
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.
it r s A CorN~" LoT-
Two ~rCk~ ~
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.
TOW022.7.BA-AAV (4-03 Re.v)2 of4
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. .
i
Town of` 1~Nappinger Zoning Board of Appeals
Application for an Area~~r~~c~~
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.
~,~2 00~ - the 't"I~S AI`+L~uot v/ S
~~~"0 F. Is~our property unique in the neighborhood that is needs this type of variance? Please explain
your answer in detail.
4. List of attachments (Check applicabl~~JJe information)
QV !d 0~~0`, Last Revised and
( ) Survey Dated
Prepared by ____QO_~o!- ~ (~(AIAIrrA ~•5•
( ) Plot Plan Dated
( ) Photos
( ) Drawings Dated
() Letter ecommendat on from) the Plantn n gn8oapd/ZoI ~ing Denial) A
( g ~ Dated
Letter from Dated
Letter from
( ) Other (please list):
5. Signature and Verification
Please be advised that no application can be deemed complete unless signed below.
The applicant h~e y states t~iat all information given is accurate as of the date of application.
SIGNATURE "v"
(Appall
SIGNATURE v - " j.w ~ v • -
(If more than one Appella
DATED: "''~~ ~o~ d~3
DATED: V~7'~ ~~ ~~~
TO~~O221.[iA-AAV (4-O i Rcv) ? of 4
FOR OFFICE USE ONLY
I. THE REQUESTED VARIANCE(S) ( )WILL / (g) WILL NOT PRODUCE AN
UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD.
2. ( )YES / (x) NO, SUBSTANTIAL DETRIMENT WILL BE CREATED TO NEARBY
PROPERTIES.
3. THERE ( ) IS (ARE) / (~ IS (ARE) NO OTHER FEASIBLE METHODS AVAILABLE FOR
YOU TO PURSUE TO ACHIEVE THE BENEFIT YOU SEEK OTHER THAN THE REQUESTED
VARIANCE(S).
4 THE REQUESTED AREA VARIANCE(S) ( ) IS (ARE) / (X) IS (ARE) NOT
SUBSTANTIAL.
5. 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.
4. THE ALLEGED DIFFICULTY (X) IS I ( ) IS NOT SELF-CREATED.
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 voted to grant a 3.8 foot variance for an existing above ground pool.
Where 10 feet is required the applicant can only provide 6.2 feet.
The applicant has withdrawn the variance application for the shed. Susan Dao
inspected the site on May 7, 2013. The shed has been moved 10 feet from
the property line.
( )FINDINGS & FACTS ATTACHED.
DATED: 2 / 26 / 13 ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY:
PRIP
Town of Wappinger..
20 Middlebush Rd.
Wappingers Falls, NY 12590
(845) 297-6256
To: Leone, Danny
Leone, Anna M
1 Amherst Ln
For Property Located at: 1 Amherst Ln
Your application to:
A/G POOL 15' X 30' & POOL DECK 6' X8'
is denied for the following deficiency under Section 240-37 of the Zoning Laws of the Town of
Wappinger
Where 15 ft to the rear is required in an R-15 zoning district, the applicant can only provide 6.2
ft to the rear yard for an above ground pool.
SBL: 6057-02-700568
Date of This Notice:11/28/2(~12
Zone: _$~'~02~ 5
Application #: 31588
"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 Does NOT MEET dimensional requirement for Zone.
o "This zoning district has a front yard requirement of seventy-five feet (75') from a state or County road."
As per code Section 240-26, which states: "The use of tents, trailers and mobile homes for permanent
o 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):
REQUIRED:
ft.
ft.
ft.
WHAT YOU CAN PROVIDE:
~ ft.
ft.
ft.
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 the date of this letter. 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.
Very truly,
~.~~~~
5'C-G~"
Barbara Roberti
Zoning Administrator
Town of Wappinger
Town of Wappinger
20 Middlebush Rd. ~
Wappingers Falls,. NY 12590
(845) 297-6256
To: Leone, Danny
Leone, Anna M
1 Amherst Ln
For Property Located at: 1 Amherst Ln
Your application to:
EXISTING SHED 10' X 12'
SBL: 6057-02-700568
Date of This Notice:11 /28/2012
Zone: ~a'~l5
Application #: 31376
is denied for the following deficiency under Section 240-37 of the Zoning Laws of the Town of
Wappinger
Where 6 feet to the side is required in an R-15 Zoning District, the applicant can provide 0 feet.
"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 Does NOT MEET dimensional requirement for Zone.
o "This zoning district has a front yard requirement of seventy-five feet (75') from a state or County road."
Asper code Section 240-26, which states: "The use of tents, trailers and mobile homes for permanent
o dwelling purposes shall not be permitted in any district except as permitted and regulated in Section 240-51,
Mobile home park, of this chapter..." '"~~
REQUIRED:
REAR YARD:
SIDE YARD (LEFT):
SIDE YARD (RIGHT):
FRONT YARD:
SIDE YARD (LEFT):
SIDE YARD (RIGHT):
ft.
ft.
ft.
ft.
ft.
ft.
WHAT YOU CAN PROVIDE:
ft.
ft.
ft.
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 letter. 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.
Very trul
~~
Bar ara Roberti
Zoning Administrator
Town of Wappinger
TOWN OF WAPPINGER BUILDING DEPARTMENT
20 Middlebush Road, Wappingers Falls, N.Y. 12590
telephone:845-297-6256 fax:845-297-0579
APPLICATION FOR BUILDING PERMIT
ZONE: ~~ ~ ~ ~ DATE: ~- / 7- ~ Z
APT'LICATION TYPE: O Residential
APPL #: ~~~ ~~ PERMIT #
O New Construction O Commercial
OS~'O~- `~0~~~~
O Renovation/Alteration O Multiple Dwelling GRID:
E•
~I
AYYL1l.Hl~ 1 i~~~~• -~
ADDRESS: I ,r~ ti~ ~~1 ~1 ~~ ~' J
TEL #: ~`~" ~ -.~ `~'~ I ~ ~~CELL: _
NAME OWNER OF BUILDING/LAND:
*PROJECT SITE ADDRESS*:
MAILING ADDRESS:
TEL #:
CELL:
BUILDER/CONTRACTORbOING WORK:
COMPANY NAME:
ADDRESS:
TEL #:
CELL:
DESIGN PROFESSIONAL NAME:
TEL #: CELL: _
APPLICATION FOR:
/~~ ~ ~;' f
n~ t< <~
FAX #:
FAX #:
_ FAX #:
,~h~ `-
E-MAIL:
E-MAIL:
E-MAIL:
E-MAIL:
a' X12'__
~~
,~~ ~~~~
,~ ~ ~~~'
~t ~ i~
~~ ~~~
,- ~~
ht
~,jOLLS~- ~ I
SETBACKS: FRONT: ~"^ REAR: L-SIDEYARD: ~ R-SIDEYARD:
SIZE OF STRUCTURE: ~ ~ ~ ~ X ~ ~~ ~ ~C' ~`r
ESTIMATED COST: TYPE OF USE:
NON-REFUNDABLE APPL. FEE:'~1~ PAID ON:'Y~/ /°/7iCHECK #~ RECEIPT #: ~ 2 ' Z `~~~ 2'
BALANCE DUE: PAID ON: CHECK # RECEIPT #:
APPROVALS:
ZONING ADMINISTRATOR:
L
O Ap ~ ved Q Denied D ~ -~
--
~-~~~ C ~' ~_ ~
~/
~~p
~' na ure of Applicant
C~ v ~,
FAX #:
FIRE INSPECTOR:
O Approved O Denied Date:
Signature of l3uildin~ Inspector
TOWN OF WA•ppINGER
BUILDING DEPARTMENT
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590-0324
(845)297-6256
FAX: (845) 297-0579
OWNER CONSENT FORM
TO BE FILED V1'HEN THE APPLICANT IS NOT THE BUILDING SITE OR PROYEKTY O«'NER
BUILDING PERMIT #
SITE LOCATION:
APPLICATION #_ ~ / 3 ~ ~
GRID: # ~ ~~ ~ - G °~-
Name of APPLICANT IF other t an the Owner)
(Person PHYSICALLY coming in to apply)
CERTIFICATION
NOTICE TO APPLICANTS• 240-109 Certificate of Occunancy
It shall be unlawful for a bu,ldTng owner to ed whollmorthartly ~n is usbe oa trgu~ture until a Ceprtificate of Occupancy shall
created, erected, changed, converted or enlarg y P
have been issued by the Building Inspector and the Zoning Ad-ninistrator.
FA URE TO COMPLY MAY RESULT IN COURT PROCEEDINGS. lye nz ~ crnzission fo~~ the To-v~r of
I .~, ow~ter of the la~zd/site/buildi~ig hereby g J P
Wappinger to a prove or deny the above applicatio-i i~t actor 'q"~~.ce w' local and state codes acid vrdi.nances.
1 ~~ , ~-- '
Lei s Signature
D~e~~-2~~ I~5`r I~ ~, ~ _
Pr nt Tam ~
Owner's Telephone Number ~. ~ Y~1 C rS ,.~_ ~~~ ~, ~~,~•~,
Print Owner's Address
FOR OFFICE USE ONLY
Code Enforcement Official:
~°~'~v~°
OF ~I':~PPN GER "
„r PLA
• INSTRUCTtoNS ,d t~ ~,~~E ~t
~ SiNCture vdhere you inter
~~ DRH~ ions. house and •
(2) ~IS1 ~ ~ ~~fa~ hks (romur~ 1s~~o~ ~o your
strut •
(3) also the setbac • • • • ~ • • .. .
line • •
•
proPe ~ ~ • • •
~ ('~•
1~ ~
• ~.
~~~
PLOT PLAN
APPLICATION #: ~ ~ ~ 7
........................
• 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. •
........................
BUILDING PERMIT #:
b~ 7~ U a' ~ d 6 b 6 d~ DATE:
GRID #: ~~ _
OWNER OF LAND: ~~,~ °~ ~`
INTERIOR OR CORNER LOT:/ C'~'r~"+~~t~ ZONE:
~~~5 ~~~
a ~~~~ ~
s;,~e r q~~
~-
~-,
~-,
~6
'~
.~.-
shed
a
Nearest Street
Nearest Street
ft.
ft
INDICATE LOCATION of WELL and SEWAGE SYSTEM
and THE DISTANCE of EACH FROM HOUSE
TOW~1 OF WAPPINGER `~
r `~~
HOUSE ## and STREET: ~~ ~ti-~ ~~'l~~' (~ ~~ C`~`~- ~ L.~-~ I- ~ S
~ ' `/
-,tom;
~ ~ .I
~~a~f_t
Signature of Applicant:. ~~ a '~t ~ ~ ~ ~ ~ '
Ma--l: North Point
~~1'hitc - .=1/~~~lic'uni'~ Cu~~r 1'cllow~ - ~)/~icc C'r~/n' Pink - ,1.~'.~~~°.~~sr~r',ti~ Ufficc Cn/n~
Lot 42
Lot 41
0
S 43'02'00" W -x -x---x 107.00'
N. - ~ CL 0.3't
a ~ Elzse~rrlent t-,-,-,_,
~` - - ~- - - Shed - - -
- - - ~
Lot 40 ~-~-,-,_,~
Aretx:. 0.42 f Acre
~~ ~, Patio
. 2't % .9 bone Gazebo
Ground ~ ~j ~ -
Pool i
Deck
0
w
Catch.
O
Bastin
Macadam
Deck
Deck ~ 33.T t
Drive
O
30.94't _
Patio ~
House N
. .~,
- y~
tl
.
~
a
c ~
I
o B
as
n ~I
I COncreCe
I
M.
ty ~ ~
a N
O I aj
~1 M
h v
~O
V +
r7 6.73' DO
~ R25' +
N 42'21'O~E N 43'02'00" E 75.29"
P-0oie x-x-x-x-x-x-x-x-x--x-.x-x-x-x
Pole
Edge of Road
Wheeler Htill Road
Note: Lot number refer to a filed. map -
entitled "Section One Subdivision Map
Of Tall Trees", said filed map being x--x x Denotes Chain Ltink Fence
filed in the Dutchess County Cterk's - ~ ~-l-t Denotes Slock¢de Fence
Office as Map Na. 325U. S~.c~yuey ]~ry~ Denotes Retaining Wall
Pregotxred For
Danny ~c Anna M. Leone
Tovm of Wappinger Dutchess County, N. Y.
Scale: i"=20' November 10, 2012
Unauthorized alteraticns or additions to a survey map bearing a Licensed Land Suryeyor's seal is a violation.af Section 7209(2) of the New
S'urk Slate Education Law. Only copies from the original of this map, marked with an original of this Land Surveyor's embossed seal, shalt
be considered valid, true copies. Certification tindicstad hereon signifies that ~thia map was prepared as the result of an actual field survey
Performed by me or under my direct supervision, on or before the date of this map, and in my opinion and belief to 6e tnz and correct.
Certification shall only run to the person(s) for whomm this map was prepared and ~ on his/her behalf to the title company, governmental
agency and lending institution listed hereon. Certification is not transferable. to additional institutions nor subsequent owners. Underground
improvements or encroachments, tiJ any, are not shovm. Use of thts.map Jor. either an update or survey.. inspection, shat( void this rru,p.
Robert D. Kalaka, L.S. Certification List:
'Danny Leone. _
P. 0. Box 250 Anna ~f: 'Leon.e ~`l~
Wappingers Falls, N. Y.' 1.2590.
(845) 297-5229
7.92 Copyright Q 2012 Robert D.- Xalaka, L.S. ~ -License No. 069914