13-7498f(l~1'"~ St~PLR~~ISOR
13arhara (~uvlcr
ZONI'N'G .~U~II1ti1'1RATOR
13;ui~uru Roberti ~ I ~R
L0;1'ING St~:CRET.aRI
Sur fiosr \ 1 ?-
July 23, 2013
TO~'~'N OF ~'VAPPIl~TGER
ZONi~G SOAI2D OF A1'1'EALS
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To: Christine Fulton
Town Clerk
From: Sue Rose, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Rui &Josefa Fernandes
Appeal No. 13-7498
7onin~ Board of Ahheals
I lo~card Pra~_er. Chairman
-font 1:1~llaccrrtr
-~1 ('a>ella
Rohe.rt Johnston
I'etcr Galotti
Attached you will find the original Application/Decision & Order for
Rui &Josefa Fernandes, 24 Losee Road, Wappinger Falls, NY. Tax Grid
No. 6157-02-913638. I would appreciate it if you would file these
documents.
Attachments
cc: Rui &Josefa Fernandes
Town File
Building File
Jim Horan
G3f~C~C ~MCD
JUL 2 4 2013
TOWN OF WAPPINGER
TOWN CLERK
TOWN OF WAPPINGER
P.O. Box 324 ~ 20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 1 2590
Application for an Area Variance
. _~ Dated: ~°-a~-~3
Appeal #
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NE~~W YORK~~ l ~~a in era 1-~I~~
~I~Ciu'1C,~S residing at. y' ~~ O~
I(We), ~tqj ~ Jos~~'a __ __ (phone), hereby appeal
eals from the decision/action of the Zoning Administrator,
to the Zonin Board of Ap~o~ and do hereby apply for an area variance(s).
dated (~`I~-
Premises loca3~at~ °2 ~! ~~ - ~~ dpp
Tax Grid # ~a l~ ~ ~~
Zoning District
Ru i ~ ~ ~~ ~~n~nc~-~
1, Record Ow~n~~ Pr~Q~Y
Address ~ ~ 58~ ~
Phone Number8~ ..d,~}-ac~i3 Signature:
Owner Consent: Dated: ~ r
Printed:
2, Variance(s) Request:
Zoning Board of Appeals
Office: 845.297.1373 ~ Fax: 845.2.97.4558
Zoning Enforcement Officer
Office : 845 , 297.6257
www.townofwappinger.us
Variance No. 1 eats for a variance(s) of the following
I(We) hereby apply to the Zoning Board of App
requirements of the Zoning Code.
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~rndicate A.rt~
Required: ~'-`~
Applicant(s) can provide:
Thus requesting:
To allow: ~ J
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Is
TOA~'02?.IBA-AAV (4-03 Rc~~) 1 of4
Town of Vdappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No, `(s3~~~'
Variance No. 2 eats for a variance(s) of the following
I(Vde) hereby apply to the Zoning Board of App
requirements of the Zoning Code.
(Indicate Article, Section, Subsection and Paragraph)
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(an) of those~changeslbe negatve?r Please explaboyour a~swerib detail.
nrn~erties change. Willa y
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ne~c~~o~ u-r>c~ ~ ~ ~ . ~,
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.
~.S
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. ~ n
t~~ b~ I,-eu~ ~a thv
~~i ~ hay 6~ iS~~e
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TO~'~'022.7F3A-AAV (4-03 Rev) 2 of 4
B. Please explain why you need the variance(s). Is there any way to reacn the saiiic ~__~~~
without a variance(s)? Please be specific in your answer.
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~I,~ v~n~ ~~ ,~~~~ 4'~~~ G ~V~rvV~ n n ~ ~t ~ r~1A
Town of Wappinger Zoning Board of Appeals
Application for an Area Varia~~~
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. ®~ C~~
Thep, ~~,~ bu ~ ~d ~- Shea >~v ~---oe~ h~ e~ if u~ag
of w 2r~ i ~u S,nC^e- i cuC-~,s rl~ ~D s~ ~~re. ~~ ~r ~ ~.vao
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Our L~~ 'v'C~1'I (! nC~ .
F. Is your property unique in the neighborhood that is needs this type of variance? Please explain
your answer in detail.
I S iltn 1 ~ I n ~~, Y7e l ~O~I~U~~ ~ ~c~-r ~ a`~C I S
~, ec~ o cm ~ i hey
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4. List of ttachments (Check applicable information)
®ye~bPf' I`I ~; Last Revised and
( Survey Dated ~ D S
Prepared by Er - C W - ~ E' (` ~---------'
( ) Plot Plan Dated
( ) Photos
( ) Drawings Dated
( ) Letter efco nmmendation from) the Plann a gnBoaPd/Zol Wing Denial) A
(e•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 hereby states that all information given is accurate as of the date of application.
~, 1~y`~ DATED: ~~°~~~~~3
SIGNATURE (A ellant)
DATED:
SIGNATURE p ellant
(If more than one A p )
~'p~~022.L6A-AAV (4-Oi Rcv) 3 of 4
FOR OFFICE USE ONLY
1. THE REQUESTED VARIANCE(S) ( )WILL / (g) WILL NOT PRODUCE AN
UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD.
2. ( )YES / (~ 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) / ( ) IS (ARE) NOT
SUBSTANTIAL.
5. THE PROPOSED VARIANCE(S) ( )WILL / (g) WILL NOT HAVE AN ADVERSE
EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE
NEIGHBORHOOD OR DISTRICT.
6. THE ALLEGED DIFFICULTY ( ) IS / (X) IS NOT SELF-CREATED.
CONCLUSION: THEREFORE, IT WAS DETERMINED THE REQUESTED VARIANCE IS
(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 variance for a 12 x 14 shed to be in the front of
the house. Where accessory structures must comply with all minimum
yard setback requirements for buildings, but in no case shall they be permitted
in the front yard
r
( )FINDINGS & FACTS ATTACHED.
DATED: July 23 , 2013
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY: -~~
hairman)~
PRINT: ~~~~ / ~G'~•2
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Town of Wappinger
20 Middlebush Rd.
Wappingers Falls, NY 12590
(845) 297-6256
To: Fernandes, Rui
Fernandes, Josefa
24 Losee Rd
For Property Located at: 24 Losee Rd
Your application to:
SBL: 6157-02-913638
Date of This Notice:6/18.'201
Zone: R40
Application #: 32196
ENCLOSING BREEZE WAY ON HOUSE FOR MUD ROOM (FRONT 8~ REAR) 17' X 23' /
& SHED 12' x 14'
is denied for the following deficiency under Section 240-37 of the Zoning Laws of the Town of
Wappinger
Shed was placed in front of house and not according to approved building permit.
"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..."
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 ,
C~~,~~~~~ ~ ~c
Barbara Roberti
Zoning Administrator
Town of Wappinger