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13-7513 TOWN OF WAPPINGER ZONING Administrator Barbara Roberti X 128 Zoning Board of Appeals Secretary Sue Rose X 122 ZONING 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 Phone 845-297-6256 Fax: 845-297-0579 E-Mail srose@townofwappinger.us February 12, 2014 To: Joseph Paoloni Town Clerk From: Sue Rose, Secretary Town of Wappinger Zoning Board of Appeals Re: James Sanborn Appeal No. 13-7513 TOWN SUPERVISOR Barbara Gutzler TOWN BOARD William Beale Vincent Bettina [smay Czarniecki Michael Kuzicz Zoning Board of Appeals Howard Prayer, Chairman Tom Della Corte AI Casella Robert Johnston Peter Galotti Attached you will find the original Application/Decision & Order for James Sanborn , 12 Dose Road, Wappinger Falls, NY. Tax Grid No. 6258- 04-930355. I would appreciate it if you would file these documents. Attachments cc: James Sanborn Town File Building File Jim Horan I~L~C~C~MC~D FEB 12 2014 j TOWN OF WAPPINGER ;` i TOWN CLERK i Appeal # I ~ ` ~ ~' 3 Application for an Area Variance TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: I(We), ~~_~ i r~°~~~\•~ a-~ b~/~4~,~ residing at i-~~~ RO'~'~~ 9 hereb a eal ,~ ~ ~S (Phone), Y PP to the Zoning Board of ppe Is from the decision/action of the Zoning Administrator, dated , 200_, and do hereby apply for an area variance(s). Premises located at ~ ~ ~~~ ~.o~a Tax Grid # ~ 2 ~8 ' °4' ~ ~"'~~ 5 Zoning District R 4" - 1. Record Owner of Property ~~~~~ S ~''^'b~~~ '~y1 Address ~ °I ~~e 4 ~ o Phone Number°if -~~ S2~ _.~ G Owner Consent: Dated: 12/~.~1~ Signature: T '-- Printed: ~~~ ~'~~ 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 Zoning Enforcement Officer ,f !' ~, OfFice: 845.297.6257 ~ d www.townofwa ppi nger. us Dated: fl6G 2 2013 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. a ,_ (Indicate Article, ection, Subsectio; and Paragraph) Required: So Applicant(s) can provide: Thus requesting: To allow: T'i-~_ 2 TO\\'022.713.4-AAV (4-0. Rer) 1 of 4 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. (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(are) granted, how will the character of the neighborhood or nearby properties change? Will any of those changes be negative? Please explain your answer in detail. 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. TOW022.7BA-AAV (4-03 Rev) 2 of4 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. 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. FOR OFFICE USE ONLY V/~f ll 1. THE REQUESTED VARIANCE(S) ( )WILL / (g) WILL NOT PRODUCE AN UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD. 2. ( )YES / (X) NO, SUBSTANTIAL DETRIlVIENT WII.,L BE CREATED TO NEARBY PROPERTIES. 3. THERE ( ) IS (ARE) / (X) 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 IlVIPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT. 6. THE ALLEGED DIFFICULTY (X) IS / ( ) 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 has voted to grant a rear yard variance, for 12 foot X 20 foot shed. Where 50 feet is required applicant can only provide 30 feet, thus requesting property owner must also provide 6 6foot pine trees rear property line. ( )FINDINGS & FACTS ATTACHED. DATED: January 28, 2014 the placement of a o the rear property line, the 20 foot variance. The r simular plants on the ZONING BOARD OF APPEALS TOWN OF WAPPINGER, NEW YORK r BY: /(Chairman) PRINT: 1~~~ ~/~'Z£_' Town of Wappinger Zoning Board of Appeals Application for an Area Variance 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. ,tiwv~ ~ ~ c 4 ~Ul. s~, ~ 4. List of attachments (Check applicable information) ( ) Survey Dated Prepared by _ Last Revised and (~ Plot Plan Dated ~~_?2~~01~ j-~-'~~ •~'e'~ ~~f 2~~'~+ (~ Photos ( ) Drawings Dated ( ) Letter of Communication which resulted in application to the ZBA. (e. g., recommendation from the Planning Board/Zoning Denial) Letter from Dated 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 hereby states that all information given is accurate as of the date of application. ~ DATED: ~ 2 ~ SIGNATURE /~ (Appel) SIGNATURE DATED: (If more than one Appellant) TO~'022LD,4-AAV (4-U ~ Rcv) 3 of 4 F. Is your property unique in the neighborhood that is needs this type of variance? Please explain your answer in detail. Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Planning Department Office: 845.297.1373 ~ Fax: 845.297-0579 www.broberti@townofwappinger.us Owner Consent Form To be filed when the applicant is not the building or property owner Project # Grid # ~ 2~$ ' ogr ' `T3o3ti~ Date: 9e~ 2,_20 l3 Zoning District: ~.4r- Location of project: I ~. SOS 1c. '~A~D Name of Applicant: ~e~S1rY'ec~ ~-'Qa?c~~~~ k~ Print name and phone number 4.~..~ Description of project: ~o cd~t l2 aC 2a S~et~ ~~ ~Y~v~,~ I ~1µ Cj Z,y~`ji.YK ,owner of the above land/site/building hereby give permission for the Town of Wappinger to approve or deny the above application in accordance with local and state codes and 'nances. -~~~1,2~ z o ~ 3 Date `Her's Signature Owner's Telephone No. Print Name and Title **~ ~l ~.~ < <-L~ ~ Owner's Addr ss ***If this is a Corporation or LLC please provide documentation of authority to sign. If this is a subdivision application, please provide a copy of the deed. TOW033.13D-UCF (7-03 Rcv) 1 of 1 617.20 Appendix B Short Environmental Assessment Form Instructions for Comnletin~ Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or finding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional paves as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: S aK.bo~h 1R,cs ~ ~ e~ Gc - Shed . Project Location (describe, and attach a location map): 12 D~.e Road T/~ ~aQt~t~er Brief Description of Proposed Action: ~ropmsGd~ l2~ ~C 2~+ 4k~d ~ ~Q 1~-ca.ISec~ ow StN.~~ii ~~~-ly lot a~.d l•ca.~ec1 uJ~ntve So ~k se~Cb„Z~,4~ wt+~`a. Name of Applicant or Sponsor: ~ Telephone: 84.>y to 3 2 _ ~ 5 O O A~.~YEd ~2~~C."1 r' AYG~-~~~GG E-Mail: AG l 1 PE A ~Ao .C~ 21o Address: ~ l 3 ~ ~ o.lt~ ~ ~ Ciry/PO: W2P(~~h~eYS ~d~~5 State: `, ~ l Zip Code: 125°1 0 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that ~ ^ may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: T~a t~a~Q,wa`c~ 7..QSA star 4v ¢~. V:v -i Kcc a ~ G ~ ~ ^ 0 . v , T~o a.~ ~N. ~ 8,\1 J?4p~~ ~v as:..t 3.a. Total acreage of the site of the proposed action? o ,1'j acres b. Total acreage to be physically disturbed? o . S~1 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? D • 1 ~ acres 4. Check all land uses that occur on, adjoining and near the proposed action. ^ Urban ^ Rural (non-agriculture) ^ Industrial ^ Commercial Residential (suburban) ^Forest ^Agriculhue ^Aquatic ^Other (specify): ^Parkland 4 Page 1 of 4 5. Is the proposed action, NO YES N/A-I a. A permitted use under the zoning regulations? ^ ~ ^ b. Consistent with the adopted comprehensive plan? ^ ~ ^ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ^ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Y id if NO 1'ES es, ent y: ^ ^ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES b A bli . re pu c transportation service(s) available at or near the site of the proposed action? ~ ^ c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ~ ^ 9. Does the proposed action meet or exceed the state energy code requirements? If h d NO YES t e propose action will exceed requirements, describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO ~'ES If No, describe method for providing potable water: ^ 11. Will the proposed action connect to existing wastewater utilities? NO YES If No, describe method for providing wastewater treatment: S 5 D ~ ~ ^ 12. a. Does the site contain a strucriire that is listed on either the State or National Register of Historic NO YES Places? b. Is the proposed action located in an archeological sensitive area? ^ ^ ^ ^ 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain NO YES wetlands or other waterbodies regulated by a federal, state or local agency? a ^ b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: ~ ^ 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ^ Shoreline ^ Forest ^ Agriculriiral/grasslands ^ Early mid-successional ^ Wetland ^ Urban ©Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed NO ~'ES by the State or Federal government as threatened or endangered? ~ ^ 16. Is the project site located in the 100 year flood plain? NO YES X 17. Will the proposed action create storm water discharge, either. from point or non-point sources? NO YES If Yes, a. Will storm water discharges flow to adjacent properties? ^ NO ^YES . I ^ b. Will storm water discharges be directed to established conveyance systems (ninoff and storm drains)? If Yes, briefly describe: ^ NO ^YES -1 Page 2 of 4 18. Does the proposed action include constntction or other activities that result in the impoundment of NO Y~:S water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO I YES oi^ 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO Y"ES completed) for hazardous waste? ~ (~" If Yes, describe: I ~ ^ I AFFIRi'VI THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF DIY tiNOWLEDGE ` A Applicandspo or name: ~.~~1f~,d ~.~`1 Xv ,Aw~.,~~ Date: ~_ 2 ~ 2sa~'~ Sienature: Part 2 -Impact Assessment. The Lead A;ency is responsible for the completion of Part 2. Answer all of the followins questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept `'Have my responses been reasonable considering the scale and context of the proposed action?" No, or i<Ioderate small to large impact impact may may - occur occur 1. Will the proposed action create a material conflict with an adopted land rise plan or zoning re lati ? ^ ^ gu ons ~ 2. Will the proposed action result in a change in the use or intensity of use of land? ^ ^ 3. Will the proposed action impair the character or quality of the existing community? ^ ^ 4. Wil] the proposed action have an impact on the environmental characteristics that caused the bli h f ^ ^ esta s ment o a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ff i i i f f ^ ^ I a ect ex st ng n rastructure or mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ^ ^ reasonably available energy conservation or renewable energy oppomuzities? ~ 7. Will the proposed action impact existing: ~ ^ I a. public /private water supplies? ~ b. public /private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, ^ ^ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, t b di d i li fl ^ wa er o es, groun water, a r qua ty, ora and fauna)? I Page 3 of 4 No, or Moderate small to large impact impact may may occur occur __ 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage roblems? p 11. Will the proposed action create a hazard to environmental resources or human health? ~ ~ ~ Part 3 -Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every• question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Pan 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occtrrring, duration, irreversibility, geographic scope and magnihide. Also consider the potential for short-term, long-term and cumulative impacts. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting doctmentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) PRINT Page 4 of 4 NARRATIVE FOR A PROPOSED 12 X 20 SHED TO BE LOCATED AT SANBORN RESIDENCE 12 DOSE ROAD TOWN OF WAPPINGER PREPARED BY: ALFRED A. CAPPELLI, JR. ARCHITECT 1136 ROUTE 9 WAPPINGERS FALLS, NY 12590 845-632-6500 acappe2102@aol.com SANBORNSHED 12 DOSE ROAD The property in question is a 0.77 acre parcel located at 12 Dose Rd., TM #6258-04-930355. The Sanborns are currently having a new single family residence being constructed on the site. The wish to move a 12' x 20' shed that they currently have on the property they currently live at and move it to the new house location. As illustrated by the attached site plan, and as engineered s part of DCHD approval, there is a swale located at the rear of the house and right side, around the sewage disposal system. The Sanborns wish the shed to be located in the back right hand corner, and it would be 25' from the rear property line where it calls fora 50 ft. setback. Moving the shed forward is inhibited by the drainage Swale which cannot be altered, thus requiring a 25' variance. .~ a\ ~'~ ~ v /~~ `~1 rn 'iD` r~ a ci d rn ~ ~1 ~~ r °' ,v m al` r~ ~~ g m ~ rn o. o ~ ~ ~ V ~ ~~ (?) ~ .: ~~i. s to¢, ~~j; 4 ~.•. B o ,dos i n ~ ~ \'cou `apt co" \ \ F \~1 ~~ ° o d~ O '~ a o Q ~ . 'o m m Z ~ o ~ C ~ o ~ m rn v ~ O _ Q a ~ 0 N ~ ~ N ~ ~ o ~ ~ v n V ~ _, ~ p J a 0 v W d ~ O ~ ~ i C ~ ~ ~ v Q O a W Q ~.~~ \ ~ /'"` ~ , i 00'ESL 3 OL SS LL S a - ~ ~ / / - --- ~ --- N _ W ~ /~^ ~~ '_ d i O ~ ~ 1 O N aNp ~ / / J c0 ~ ~f d~NIVy N ppO / ~ .. .._ _ ..Z• fy I // t0 N j'. .. ~ _ ~. Q Val / ~ ~/ • ~ z ,~'•' vim' l ~ ~/ ~' ~ ; \~\ H I m u I I.~ ~~ i I; / ~ i . 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