13-7500
1m'" Sll'[J{\'SOR
!1;lI"hara (illl/'kl
TO\VN OF "V.A.PPINGER
Zoning. BOHrd of Appeals
ZONING SECRETAR'
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!lOll ard Pr.lger. Chairman
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Peter Clalotti
ZONING BOARD OF APPEALS
2(1 t\IIDDl.LBUSII ROi\D
\\\I'I'INC,LRS FAI.l.S" NY 12~9U
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September 11, 2013
D ORIGINAL
To: Michael Leonard
Town Clerk
From: Sue Rose, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Jennifer Younge
Appeal~o. 13-7500
Attached you will find the original Application/Decision & Order for
Jennifer Younge, 20 Sky Top Drive, Tax Grid # 6056-01-296750. I would
appreciate it if you would file these documents.
Attachments
cc: Jennifer Younge
Town File
Building File
Jim Horan
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TOWN OF WAPPINGER
P.O. Box 324 - 20 MIDDLEBUSH ROAD
WAPPINGERS FALLS. NY 125;10
Zoning Board of Appeals
Office: 845.297.1373 N Fax: 845.297.4558
Zoning Enforcement Officer
Office: 845.297.6257
www.townofwappinger.us
Application for an Area Variance
Appeal #
/3-7500
Dated:
f"j ':0 -- ) ~
(
2. Varlance{s) Request:
Variance No.1
I(We) hereby apply to the Zoning Board of Appeals for a varlance(s) ofthe following
requirements of the Zoning Code.
Section 240-37 of the Zoning Laws of the Town of Wappinger Side Yard (Left) 40 feet
(Indicate Article, Section, Subsection and Paragraph)
Required: 401eeL- _91 oe- 'i(JJ.... l> ."
Applicant(s) can provide: 15fee~___
Thus requesting: 25 feet '5 \ be..- 1M D
To allow:
I would like carport to remain in place even though it is only 15 feet from the Side Yard
(Left). The carport is an integral component of my on-going Trap-Neuter-Return program
aimed at reducing the neighborhood)s feral cat population. It is a community service that I
have been providing free of charge for six years.
TOW
Iio
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.
" 021-tJ " :3 7
/~ j( ~/} 1k/}{/})"r'tA ~/
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.
The carport does not change affect the character of the neighborhood or affect property
values as verified by the attached letter from Nancy Rosaler, Associate Broker with
:Prudentials Serls Prime Properties. I also have a petition signed by all my neighbors
indicating that they support my application.
B. Please explain why you need the variance(s). Is there any way to reach the same result
without ~ variance(s)? Please be specific in your answer.
Please see following page.
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 detall,-why it Is not substantial. .
I dOlyt believe it is substantial considering that no one can see the carport unless they are
standing dead-center at the end of my driveway. Please see attached photos.
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.
The physical environmental conditions, i.e. temperature, aeration, rain, and/or wind, is
not impacted. The carport is placed over four inches of gravel for proper drainage.
TOW022.ZBA-AAV (4-03 Rev) 2 of4
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No.
FOR OFFICE USE ONLY
1. The requested variance(s) (X) WILL / ( ) WILL NOT produce an undesirable change in the
character of the neighborhood.
( X) YES / ( ) NO, Substantial detriment will be created to nearby properties.
2. There ( J9 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).
3. The requested area variance(s) (X) IS(ARE) / ( ) IS (ARE) NOT substantial.
4. The proposed variance(s) ( x) WILL / ( ) 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 ( x) IS / (" ) IS NOT unique to the neighborhood.
Conclusion: Therefore, It was determined the requested variance
Be ( ) GRANTED ()t) DENIED.
e
requires
( ) Fln"dings & Facts Attached.
DATED:
September 10. 2013
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D
ORIGLVAL PRINT:
ZONING BOARD OF APPEALS
:::WN04:/&
(Chairman) f2
!htt/MJJ /ifA-(:frc
TOW022.ZBA-AAV (4-03 Rev) 4 of4
PART 1 . PROJECT INFORMATION
617.20
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORTEN~RONMENTALASSESSMENTFORM
for UNLISTED ACTIONS Only
(To be completed by Applicant or Project Sponsor)
2. PROJECT NAME
SEQR
.1 PROJECT ID NUMBER
(J
County
4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc - or provide map
L
~fYl ~
5. IS PROPOSED ACTION:
New
o Expansion 0 Modification I alteration
6. DESCRIBE PROJECT BRIEFLY:
CftrptJ r t-
)2' XZtJ IX ~
7. AMOUNT OF LAND AFFECTED:
Initially acres Ultimately acres
8.~LL YOPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER
~es 0 No If no, describe briefly:
RESTRICTIONS?
~ IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
L:J Residential 0 Industrial 0 Commercial DAgriculture 0 Park I Forest I Open Space
o Other (describe)
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (F~r~te or Local)
DYes ~o If yes, list agency name and permit I approval:
T OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
If yes, list agency name and permit I approval:
PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION?
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Signature
Date:
1-- L -/3
,----~
If the action is a Costal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
Reason for Appeal
Six years ago when I moved into my home, I didn't realize that the neighborhood had a severe feral cat problem.
After seeing dozens of unhealthy, beaten-up cats with missing ears or eyes, I did a little research and learned
that my neighbor across the street fed the feral cats and provided shelter but did not get them spayed/neutered
or provide medical attention when necessary. I've offered to get the feral cats on her property spayed/neutered
several times, but have been denied because she and her son "love to see the little kittens every spring:' Even her
long-time vet encouraged her to allow me to spay/neuter the cats to no avail.
Since I'm not allowed to trap on my neighbor's property, I have to wait until the cats cross the street and enter
my property. Many cats never cross the street, but those that do find food and shelter in the carport, and soon
thereafter get trapped, spayed/neutered, vaccinated and released. If I'm forced to move the carport further back
into my property to be compliant, I believe I will lose the ability to trap the breeding feral cats because they
won't go in my backyard.
To date, I've trapped close to 40 cats in the carport. Although there are still breeding cats who live across the
street, I know my program is working. Recently two neighbors commented that they have seen a reduction in
the feral cat population, and I haven't seen a kitten on my property for five years. My program works and will
continue to work only if the carport remains in place and undisturbed.
All of my neighbors have signed a petition stating that they support my request and agree that the carport is
not damaging the aesthetics of the neighborhood. In fact, many of them didn't even know I had a carport!
In addition, I have letters from Mid Hudson Animal Aid verifying my feral cat program, its effectiveness and
potential negative consequences of movinglremoving the carport and from Nancy Rosaler, Associate Broker
with Prudentials Serls Prime Properties, stating that the carport does not diminish property values or is an eye
sore. Please see attached photos and documents.
If 1) my neighbors support my application, 2) the carport does not affect property values, and 3) my program is
successful, I see no reason why an area variance should not be approved considering the community service I'm
providing at my own expense.
Should I stop trapping feral cats or sell my home, I agree to remove the carport.
Town of Wappinger
20 Middlebush Rd.
Wappingers Falls, NY 12590
(845) 297-6256
To: Younge, Jennifer L
20 Sky Top Dr
Wappingers Falls NY
SBL: 6056-01-296750
Date of This Notice: 5/171201
Zone: R40/80
Application #: 32245
For Property Located at: 20 Sky Top Dr
Your application to:
EXISTING - CAR PORT 12' X 20' X8' - NO ELECT.
is denied for the following deficiency under Section 240-37 of the Zoning Laws of the Town of
Wappinger
Where 40 to the side yard property line is required in an R-40/80 zoning district, the applicant
can only provide 15 feet.
"Accessory Structures must comply with all minimum yard setback requirements for buildings, but in no case
o
shall they be permitted in the front yard."
_ 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):
FRONT YARD:
SIDE YARD (LEFT):
SIDE YARD (RIGHT):
R E QUI RED:
ft.
tfD ft.
ft.
ft.
ft.
ft.
WHAT YOU CAN PROVIDE:
ft.
t S 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 tru~ \
/c~a& UtZ
Bar ara Roberti
Zoning Administrator
Town of Wappinger
RECE\VED
MAY 1 7 20n
BUILDING DEPARTMENi
lOWN 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
APPLICATION TYPE: 'iResidential ZONE: R 2D DATE: ~
o New Construction 0 Commercial APPL #:;3;2 2K PERMIT #
o Renovation/Alteration 0 Multiple Dwelling GRID: J;05& D~ - aql91~O
APPLICANT NAME: ,~-~~~ \.h..Sd,V)\'\u.~=I' \ {)
ADDRESS ~ S~ TOf' Do..\!-< p- ~~ D
TEL#:t3.\- 22~ CELL: FAX#: E-MAIL:~t)l.)('\~ Q)q*n\\\\J.tJeJ-
NAME OWNER OF BUILDINGILAND:
*PROJECT SITE ADDRESS*:
MAILING ADDRESS,:
TEL #: CELL:
s~
FAX#:
E-MAIL:
BU R1CONTRACTOR DOING WORK:
COMP
ADDRESS: .
TEL #: CELL: E-MAIL:
DESIGN PROF NAME:
TEL #: CELL: FAX #: E-MAIL:
APPLICATION FOR: S\VJ\4.e f\. ~t(' \ 2')(20 ~ ~ ~~ ~~J4-.f
5'vv\~ -- ~ ~~l:C... r* t}(\ s\rN5 ' U
SETBACKS: FRONT: 15 REAR: L-SIDEYARD:.J 5"" R-SIDEYARD:
. SIZE OFSTRUCTURE: _l? )( LD 2< .6
ESTIMATED COST: ().. ~J TYPE OF USE: \ t~OD~ J _5N"i.J ~O~j
/; r; r1../}, ep.k HO~; l;cL.l)^ ~I{.
NON-REFUNDABLE APPL. FE:l ~s-v PAID ON: ,. CHECK# ( 2-- ~ 1-- RECEIPT #: ~3 -" J.{ Jf~,(
{).;jJ:f; ~NCE DUE: 2- <'lp AID ON: "c CHECK # {-z, "'Z.-1..- RECEIPT #: l 3- ,,'''? 9
APPROVALS:
ZONING ADMINISTRATOR:
o APprovi; \!l,>>oolo<l Dato: "-;7-1'
FIRE INSPECTOR:
o Approved 0 Denied Date:
Signature of Bulidiiig- Inspector
BUILDING PERMIT *
LOCA nON N S 0 ~ 1
SIDE ,;20 ~ k'( jt> I I)~.
E W
HOUSE NUMBER LOT NUMBER REC. VOL.
OWN F LAND JA~!Hi !lu~s~/J -::;;;;';;'~E'~
N' ERIOR R CORNER LOT ZONE R -- z, 0
TOWN OF WAPPINGER
PLOT PLAN
S-/!7-/~
. DATE
STREEYA VENUE
PAGE
-----
x
r@
T
DENIED
ZONING ADMINI
Rear Yard
ft.
1
Side d
HOUSE
Sideyard
ft.
. ~
./
1')
Set Back
ft.
Nearelt Street
ft.
ft. frontage
1
Nearest Street
ft.
,
,
,
,
,
"
.-
/
/
/
/
INDICATE LOCATION of WELL and SEWAGE SYSTEM
and THE DISTANCE of EACH FROM HOUSE
STREET
"
,.
,.
/
/
,
,
,
,
,
,
~.
Information c:-: . _ .
Supplied by . . ~~ pS~
Mark North Point
Petition to allow Jennifer Younge to leave her carport in place and undisturbed.
20 Sky Top Drive, Wappingers Falls, NY 12590
By signing this petition, you are stating that you support Ms. Younge's request for a special use variance that
would allow her to keep her carport in place and undisturbed. You also agree that the carport is not damaging
the athestics of the neighborhood.
Signature
Address
Date
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Mid Hudson Animal Aid, Inc.
The Essie Dabrusin Cat Sanctuary
54 Simmons Lane, Beacon, NY 12508
(845) 831-4321
WW:W---,l1J.iahllg~QnaI1i.malaid.org
June 1,2013
Wappingers Falls Zoning Committee
20 Middlebush Raod
Wappingers Falls, NY 12590
RE: Jennifer Younge's Special Use Variance Request for 20 Sky Top Drive, Wappingers Falls, NY 12590
Dear Wappingers Falls Zoning Committee,
On behalf of Mid Hudson Animal Aid, a non-profit, no-kill, free range cat sanctuary located in Beacon, NY, we
strongly encourage the Committee to approve Jennifer Younge's special use variance request to keep her carport
in place because it is an integral component of her very successful neighborhood feral cat Trap-Neuter-Return*
program .
Managing feral cat populations is an important duty for any community that truly wants to create a more humane
world for cats and combat the problem of overpopulation. As an organization that receives nearly all of our kittens
from unmanaged feral colonies, we applaud people like Ms. Younge. We cannot adopt our way out of the
overpopulation problem. The only way to get a real handle on the number of feral cats on our streets is to prevent
them from ever being born, which is exactly what she is doing.
Ms. Younge provides free TNR services to her local community in large part because local governments, animal
control, area shelters, and other animal organizations cannot due to lack offunds. Over the program's six years,
she has trapped over 40 ferals in her carport, thereby preventing the birth of hundreds more. She also serves as the
neighborhood's go-to person for information on feral cat care, trapping, housing, kitten rescue, adoption, and
much more. As stated previously, she willing provides this service free of charge.
So what does this have to do with a carport? There are a few misguided neighbors who, because they "love seeing
kittens play in the yard every spring," will not allow her to trap on their property. This is why the carport and its
location are so important. It is the only place she can trap.
Feral cats are used to an established territory and do not like change. In fact, they take much longer to adjust to
new situations and many never adjust completely. The neighborhood ferals know to come to her carport for
shelter and food. It is a place they trust and feel safe, which is why using it to trap is so successful. Should you
require her to move it, it might take a year or more before she can resume trapping. And in that year, the feral
population will explode, undoing all of Ms. Younge's hard work.
We believe her carport and its location are integral components of reducing the feral cat population in her
neighborhood. We recommend that it remain in place and undisturbed.
Respectfully,
~
Linda Bieriak; Board Member of Mid Hudson Animal Aid
Carport
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Survey Map
Prepared For
Jennifer
Y Dung e
Town of Wappinger
Scale: 1" =40'
Unauthorized alteration or addition to a sun ey map bearing a Licensed [,and SUT1.'eyor'
Section 7209(2) of the New York State Ed'ucCltion Law. Only copies from the original of
original of this Land Surveyor's embossed ::'((1[, shall be considered l'alid, true copies. C,
hereon signifies that this map was prepand from the result of an actual field survey J
my direct supervision, on or before the date of this rnap, and in my opinion and bcli'-'J
Certification shall only run to the person( 5) for whom this SUT1.iey was pr-epared, and 01
title company, governmental agency and lr nding institution listed hereon. Certification 1
additional institutions nor subsequent owners Underground improvements OT encToachrr:1
shown. LTse of this survey map for an UPCiCl1E or su,uey inspection 1.viLl l'oid this sun EJ
~ Prudential
~
Prudential Serls Prime Properties
June 13,2013
To Whom It May Concern:
As a real estate professional for over 13 years part of my day to day responsibility is to determine
property values and marketing strategies and concerns. In my professional opinion I do not feel that the
carport in question in any way diminishes property value at 20 Sky Top Drive or that of it's neighbors. It
is not visible from the road, it is not an eyesore and provides a reasonable function. If it is not code
compliant perhaps the town could take into consideration the community service that is being provided
at no cost to the Town of Wappingers. The owner is currently using the structure to run a spay and
neuter program for the local feral cats at her own cost. I have advised her to seek a special use permit if
zooming and code allows if the current structure is in any way non-compliant. The current owner has
indicated she would take the structure down if she was to sell the property.
I hope you will take this information under consideration.
Please feel free to contact me with any questions or concerns at 845-505-1857.
Best regards,
J(d-U e1{ ~VD
Nancy Rosaler
Licensed Broker Associate
D 1131 Route 55, PO. Box 37, Suite 1, LaGrangeville, NY 12540
Office 845473.1650 Fax 845473.3677
D 2537 Route 52, Suite 1, Hopewell Junction, NY 12533
Office 845.227.8510 Fax 845.227.6250
crl1l92 Main Street Fishkill, NY 12524
/- Office 845.896.9000 Fax 845.896.6337
o 6384 Mill Street, Rhinebeck, NY 12572
Office 845.876.8600 Fax 845.876.6424
D 1485 Route 22, Brewster, NY 10509
Office 845.2792922 Fax: 8452793663
D 14C East Main Street, Pawling, NY 12564
Office 845.855.8500 Fax 845.855.8510
www.prudentialserls.com
Gl An independently owned and operated member of Prudential Real Estate Affiliates, Inc
Street Sequence - You'll notice that the carport is visible only if you are standing at the bottom of my driveway.
Co(~}
~one of my neighbors can see the carport from their property.
25 Sky Top Drive
From neighbor's house across the
street
26 Sky Top Drive
From neighbor's house across the
street
7-12 Magna Way
From neighbor's backyard
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Prepared FOT
Jennifer
Y Dung e
Town of Wappinger
Scale: 1" =40'
Unauthorized alteration or addition to a sun ey map bearing a Licensed Land Sun.eyor'
Section 7209(2) of the New York State Education Law. Only copies from the original of
original of this Land Surveyor's embossed HnL, shall be considered 'valid, true copies. Co
hereon signifies that this map was prepand from the result of an actual field survey J
my direct supervision, on or before the dat~ of this m.ap. and in my opinion and bch~J
Certification shall only run to the person( s) fO'r whom this survey was p1'epared, and 01
title company, governmental agency and lending institution listed hereon Certification 1
additional institutions nor subsequent owners Underground impro'vements or encroachrr:.l
shown. Use of this survey map for an upciacf or survey inspection will 1'oid this SlLn fJ
Street Sequence - You'll notice that the carport is visible only if you are standing at the bottom of my driveway.
.___~~~.i
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None of my neighbors can see the carport from their property.
25 Sky Top Drive
From neighbor's house across the
street
26 Sky Top Drive
From neighbor's house across the
street
7-12 Magna Way
From neighbor's backyard
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