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14-7514TOWN OF WAPPINGER "CONING Administrator Barbara Roberti X 128 Zoning Board of Appeals Secretary Sue Rose X 122 ZONING 20 M[DDLEBUSH ROAD WAPPINGERS FALLS, NY 1290 Phone 845-297-6256 Fax: 845-297-0579 E-Mail srose@townofwappinger.us February 12, 2014 To: Joseph Paolon% Town Clerk From: Sue Rose, Secretary Town of Wappinger Zoning Board of Appeals Re: Mousa Nesheiwat Appeal No. 14-7514 TOWN SUPERVISOR Barbara Gutzler TOWN BOARD William Beale Vincent Bettina Ismay Czarniecki Michael Kuzicz Attached you will find the original Application/Decision & Order for Mousa Nesheiwat , 94 Robinson Lane, Wappinger Falls, NY. Tax Grid No. 6459-03-070409. I would appreciate it if you would file these documents. Attachments cc: Mousa Nesheiwat Town File Building File Jim Horan ~~~~OMGD Zoning Board of Appeals Howard Prager, Chairman "Tom Della Corte Al Casella Robert Johnston Peter Galotti FEB 122014 TOWN ~F WAPPIN<ER T®VV N CLER 'TOWN OF VYAPPINCER P.O. Box 324 ~ 20 MIDDLEBUSH ROAD WAPPINGERS 1=AL1~, NY 12590 Zoning Board of Appeals Office: 845.297.1373 N Fax: 845.297.4558 Zoning Enforcement Officer . Office: 845.297.6257 www.townofyvappinger.us Application for an Area Variance Appeal # j ~ ~ ~ ~~ Dated: / ~ ~ 1- ` TO THE ZONING BOARD OF APPI=ALS, TOWN OF WAPPINGER, NEW YORK: residing at ~ ~~~~ ~~` ~~~ ~~~~ I Q P,~ (~ ,~ _~_ p~ (phone , hereb appeal to the Zoning Board of Appeals from the decision/acti fo °anharea vargiance(s)~strator, dated , 200_, and do hereby app y Premises located at ~'~ ~-Obt ~ d~~ ' ~D~vtc ~'~ ~ tZ~i~ q - to _ ~' - -{-- t? Tax Grid # '~ n -n.~ ~, Zoning District . ~W . 1. Record Owner of Property~~ ~ ~ IA Address Phone Number ~.- Si nature: Owner Consent: Dated:. ~ ~~- gprinted: ~~-~~ 2. Variance(s) Request: 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. 01 (Indicate Artie Required : ~~ ~ ' ~~~~ applicant(s) can pro~~e; Thus requestin , Cx To allow: and Aaragraph) ~~.t~ . TOV~'022.ZBA-AAV (4-03 Rev) ] of 4 Town of Wappinger Zoning Board of Appeals Application for an Area Varjp~ je Appeal No. ''II Variance No. 2 eats for a variance(s) of the following I(We) 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(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. ~. , ou need the variance(s). Is there anyway to reach the same result B. Please explain why y without a variance(s)? Please be specific in your answer. t1rt n A .1~.1,..n r 1n. 6 ~~ -. C. How big is the change from thee tse ex~laine in detail,hwhy it is n t substantiajuested area variance(s) substantial? If not, pl P - Cfl n ~--l-~r~l f ~ ~ f~, -~-` 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.ZBA-AAV (4-03 Rev) 2 of4 '~. , J Town of Wappinger Zoning Board of Appeals ` Application for an Area Var~~ie~ 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. ~~ ~. unique in the neighborhood that is needs this type of variance? Please explain F. Is your property your answer in detail. y n _ a r (. _ ~ _ ,rC ,,.,... 4. List of attachments (Check applicable information) 4n.r~.Itv~20~~ and (.~ Survey Datedl~4t` `2 .~t'1~1 ,Last Revised ~, Prepared by L v" ` ~ () Piot Plan Dated () Photos () Drawings Dated () Letter of Communication which resulted in application to the ZBA. (e.g., recommendation from the Planning Board/Zoning DeDate.d Letter from ~ Dated Letter from O 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: / ! 3 SIGNATURE (Appellant) p DATED: SIGNATURE I~ ellant (If more than one App ) 'TOW022.ZBA-AAV (4-03 Rev) 3 of4 Variance No. 1 -Front Yard 3. Reason for Appeal A. The character of the neighborhood will not change as the proposed application will duplicate the existing residential use and will correspond with the adjacent properties. B. The variance is requested because the client wishes to add a front porch to the proposed structure. C. The request is not believed to be substantial as the applicant is only requesting an additiona121.3' variance for the front yard. D. The physical environmental conditions in the neighborhood will not be impacted as the proposed use is consistent with the existing and surrounding uses. E. Yes, due to the construction of front steps. F. This project is not unique to the area. Town of Wappinger Zoning Board of Appeals Application for an Area Va~~f ria~~e ~ ORIGINAL Appeal No. r-~--~'= FOR OFFICE USE ONLY WILL / (~ WILL NOT produce an undesirabie change in the 1. The requested variance(s) ( ) character of the neighborhood. ( )YES / (~ NO, Substantial detriment will be created to nearby properties. 2. 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). IS ARE) / ( ) IS(ARE) NOT substantial. 3. The requested area variance(s) (~ ( 4. The proposed variance(s) (~) WILL / (~ WILL NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty (~ IS / ( ) IS NOT self-created. 6. The property ( ) IS / (X) IS NOT unique to the neighborhood. Conclusion: Therefore, it was determined the requested variance .; Be (g) GRANTED ( )DENIED. Conditions/Stipulations: The following co Veitions and/or stipulations were adopted by resolution of the Board as part of the action stated abo no varian~P fnr an exict~na front notch - The ZBA ^*~~ to gran e a ()Findings & Facts Attached. DATED: February 11, 0 4 ZONING BOARD OF APPEALS TOWN OF WAPPINGER, N YORK 8Y: fChairman) ~~~~ ~~ ~ ~ PRINT: TOW022.ZBA-pAV (4-03 Rev) 4 of4 TOWN OF WAPPINGER ZONING ADMINISTRATOR Barbara Roberti -Ext. 128 PLANNING BOARD 8~ ZONINGBOARD OF APPEALS SECRETARY Susan Rose - Ext 122 CODE ENFORCEMENT OFFICER Salvatore Morello III - Ext 142 Susan Dao - Ext 122 FIRE INSPECTOR Mark Liebermann - Ext 127 CLERICAL ASSISTANT Michelle Gale - Ext 123 ZONING DEPARTMENT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845)297-1373 Fax (845) 297-0579 MEMORANDUM Date: January 3, 2014 From: Barbara Roberti -Zoning Administrator To: Mousa Nesheiwat Larry Lynn, L.S. Subiect: 94 Robinson Lane 6459-03-070409 SUPERVISOR Barbara A. Gutzler TOWN BOARD William H. Beale Vincent Bettina Ismay Czarniecki Michael Kuzmicz The following is a list of outstanding items that need to be taken care of before a CO can issued for 94 Robinson Lane. 1. Setback variance of 17.7' was granted for front yard setback. It appears that you only have 29' or so to the steps in front. This will require another variance. 2. Clarify if Picket fence was removed over property line. 3. Property that abuts this parcel had been cleared and treed in the rear. We require a letter from the abutting property owners giving their consent as you have encroached outside of your parcel. 4. Please address retaining wall in driveway. If over 4 feet in height this will also need a certification from an engineer. Please contact me if you have any questions at 845-297-1373. Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Planning Department Office: 845.297.1373 N Fax: 845.297-0579 www.broberti~townofwappinger.us Owner Consent Form To be_filed wh__~n the a_D~~icant iS not the building or orooerty owner Project # Grid # ~- Date: Zoning District: ~~°-`~~ ~~ Name of Applicant: -~ ~ ~ ~°" ` " ~~ Print name and phone number Description of project: T ~`~ ~ ' ~ ,owner of the above . I ~ ~ $ ~~ w rove er deny the above land/site/building hereby give permission for the Town of Wappinger to app application in accordance with local and state codes and ordinances. i i 3 /r ~ Date ~k `~-~ ~.~ f Owner's Telephone No. /~ ~~ Owner's Signature ~ 1 Print Name and Title *** ~. ~ f~ Owner's Address ***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.BD.OCF (7-03 Rev) 1 of 1 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing 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 funding, 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 pages as necessary to supplement any item. Part 1 -Project and Sponsor Information ne of Action or Project: ~~.~.. ~t~y'~t~.~C~.., Project Location (describe, and attach a location map): Brief Description of Proposed Action: Name of Applicant or Sponsor: Telephone: f~¢~~[nl~-~~~ ~~ ~~° tiro a~t~u+~ City/PO: State: Zip Code: 1. Does 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: ~ ^ 3.a. Total acreage of the site of the proposed action? 0, S ~ acres b. Total acreage to be physically disturbed? a Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor?~ 53 acres Check all land uses that occur on, adjoining and near the proposed action. Urban ^Rural (non-agriculture) ^Industrial ^Commercial ®Residential (suburban) ^Forest DAgriculture ^Aquatic ^Other (specify): ^Parkland Page 1 of 4 5. Is the proposed action, a. A permitted use under the zoning regulations? b Consistent with the adopted comprehensive plan? I IG 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public 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 the proposed action will exceed requirements, describe design features and technologies: 10. Will the proposed action connect to an existing water If No, describe method for providing potable water: 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? 13. a. Dces any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? 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: N/A NO NO YES NO YE5 NO YES ® ^ NO YES NO YES NO YES YES 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 ^ AgriculturaUgrasslands ^ Early mid-successional ^ Wetland ^ Urban Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed NO a by the State or Federal government as threatened or endangered? 16. Is the project site located in the 100 year flood plain? NO YES 17. Will the proposed action create storm water discharge, either from point or non-point sources? NO YE5 If Yes, a. Will storm water discharges flow to adjacent properties? NO YES b. Will storm water discharges be directed to established conveyance systems (~ NO d st~ESrains)? If Yes, briefly describe: ^ Page 2 of 4 Part 2 -Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following ns in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or ti " o ques Have my otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept " responses been reasonable considering the scale and context of the proposed action? No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ® ^ regulations? 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. Will the proposed action have an impact on the environmental characteristics that caused the ® ^ establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonabl available ever conservation or renewable ener o rtunities? 7. Will the proposed action impact existing: ^ 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, waterbodies, groundwater, air quality, flora and fauna)? 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 ® ^ problems? 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 Part 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 occurring, duration, irreversibility, geographic scope and magnitude. 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 documentation, 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 M. A. Day Engineering, PC 3 Van Wyck Lane Suite 2 Wappingers Falls, New York 12590 Phone: 845-223-3202 December 23, 2013 Mousa Nesheiwat 785 Broadway Kingston, NY 12401 Re: Retaining Wall @ 94 Robinson Lane Town of Wappingers Dear Mousa: Pursuant to your request, this office analyzed the segmented retaining wall that has been installed at the above referenced location. It was my opinion that the wall that was originally installed was not constructed in accordance with sound engineering practice. As you know, this office recommended that a supplemental gravity wall be installed in front of the existing wall to provide supplemental restraint for the existing wall. This office has analyzed the wall with the supplemental wall and has found it to be acceptable. Should you have any questions, please do not hesitate to call me. Sincerely, Mark A. Day, PE 1/11/14 Mousa Nesheiwat 94 Robinson Ln Wappinger Falls NY 12590 The owneye#~94 Robinson Ln isgranted permission by the abutting property owner ~ ( ~~Q c~ (r ,~ ~ ~ • giving the owner of 94 Robinson Ln consent to encroach outside parcel 6459-03-07040 , al ing the owner to remove tree and clear of the abutting pr Sign: Sign: