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13-7512 TOWN OF WAPPINGER ZONING Administrator Barbara Roberti X 123 Zoning Board of Appeals Secretary Sue Rose X l22 ZONING 20 MIDDLEBUSH ROAD WAPP[NGERS FALLS, NY 12590 Phone 845-297-6256 Fax: 845-297-0579 E-Mail srose@townofwappinger.us January 15, 2014 To: Joseph Paoloni Town Clerk From: Sue Rose, Secretary Town of Wappinger Zoning Board of Appeals Re: Kevin Prunty Appeal No. 13-7512 TO~Wi BOARD William Beale Vincent Bettina Ismay Czarniecki Michael Kuzicz Zoning Board of Appeals Howard Prager, Chairman Tom Della Corte AI Casella Robert Johnston Peter Galotti ORIGlr,4L Attached you will find the original Application/Decision & Order for Kevin Prunty, 10 Lydia Drive, Wappinger Falls, NY. Tax Grid No. 6257-03- 092235. I would appreciate it if you would file these documents. Attachments cc: Kevin Prunty Town File Building File Jim Horan ~~~ ~~o ~~ ,. ~p1~ JPN 1 ' PQ,~NGEF~ O~ vU P, F~ ~0~~~~~~~~ ~' TOWN SUPERVISOR Barbara Gutzler .-~_ '~ ~ ~ ~\ ,, . ~`~ \ '~ `, r ~- " -- / 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 Office: 845.297.6257 .., w.townofwappinger.us ~~.~~~1~~~~ `Y~/?s 4 ~ ~> ~.~ , ,~,; Application for an Area Variance Dated: ~~ ~~~ A'peal # TOWN OF WAPPINGER, NEW YORK: TO THE ZONING BOARD OF APPEALS, ~ ~ i ~ i r ~ residing at ~ ~ I( e), ~ ~_~- (phone), hereby appeal tot e Zoni g Board of Appeals from the decision/a Iti fo °an area vla gance(S~istrator, dated ~~ ~~~ , 2g~1~, and do hereby app y ~ ~.~ ~ ~~~ ve. Premises loca~n~~~ O~a3 Tax Grid # Zoning District . ~Q-~/ i ~ ~r ~ n 1. Record Owner of P~opeCtY Address ~ 0 L' ~_ 01 0 Phone Number Signature. Owner Consent: Dated: ~~ ~~ ~ printed: "~%~ ~' ~ Y Z. 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. C~ 't l~ ~ 3~ (Indicate Article, Section, Subsection and Paragraph) Required: ~~}" - Applicant(s) can provide: Thus requesting: To allow: UX ~~'~"~ ~~ TO\',`0?~.ZI3.4-/~AV (403 Rc~-) 1 of 4 Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No. t3-7~ ~~ Variance No. 2 g peals for a variance(s) of the following I(We) hereby apply to he Zonin Board of A p requirements of the Zo g Code. 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? Wilf any of those changes be negative? Please explain your answer in detail. 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 th lease exrdlai~et odetail,hwhy i~t is not substantialquested area variance(s) substantial?`If not, p P ~,,,)-~.- ~~ D. If your variance(s) is(are) 9ra ~ d~ please explainal inndetail,nwhy or w y ~ot in the neighborhood or district be impac 11 ~~ (Indicate Article, ,Subsection and Paragraph TOVJ022.7.BA-AAV (4-03 Rev) 2 of 4 Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No. -.~-w'~ E. How did your need for an area variance(s) come about? Is your difficulty self-created? Please explain your answer in detail. nn 1. i . n,. ~ r1 ~ pro n AI ~ ~ ~~P ~, ~ °~' h CAA s '~ F. Is your property unique in the neighborhood that is needs this type of variance? Please explain your answer in detail. 4. List of attachments (Check applicable information) ( ) Survey Dated ,Last Revised Prepared by ( ) Plot Plan Dated ( ) Photos ( ) Drawings Dated Letter of Communication which resulted in application to the ZBA. ( ) (e.g., recommendation from the Planning Board/Zoning Debated: Letter from Dated : Letter from ( ) Other (please list): nd 5, Signature and Verification Please be advised that no application can be deemed complete unless signed below. lication. The applicant hereby states that all information given is accurate as of the date of app DATED: ~ ~ IGNATURE (Appel an ) DATED: SIGNATURE ellant (If more than one App ) TO~'0?"?.%II,4-AAV (4-0? Rcv) ~ of 4 ORIClyAl FOR OFFICE USE ONLY I . THE REQUESTED VARIANCE(S) ( )WILL / (X} 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) / (~ 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 Il1~IPACT 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 4 foot 9 inch variance. Where 50 feet to the front yard property line is required, the applicant can only provide 45 feet 3 inches for an existing 13 foot 10 inch x 33 foot 10 inch front yard existing deck. ( )FINDINGS & FACTS ATTACHED. DATED: January 14 , 2014 ZONING BOARD OF APPEALS TOWN OF WAPPINGER, NEW YORK ,r BY: '~~~ /~(Chairman)~~~ ~ PRINT: TIO~~'~ 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 a licant is not the buildin or ro ert owner ~~ ~ / 5 ~ ~ Date: ~~ i~s~13 Project # ' ' ~~ Zoning District: ~ ~ 7 d Grid # ~~ ~7 ~ ~~ _~~~~ Location of project:'D Name of Applicant: Description of project: t~ Kam, , ~ ~ s - z Print name and phone num r ~ A I ~C,V ~~ ran land/site/building hereby give owner of the above rmission for the Town of Wappinger to approve or deny the above application in accordance with local and state codes and ordinances. r ~ ~ ~ ~ Owner's Signatu Dat Print Name and Title ** Owner's Telephone No. lv ~ ~ - Owner's A ess ***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. t TOW033.l3D-OCF (7-03 Rcv) 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 I 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 Name of Action or Project: ~~ describe,. n~ d attach a location map): Project Location ( nn ~ ~ ~ 0~ f!t` \bl/~, Brief Descripti n of Proposed Action: ~ S~ ~ ~~r ~om ~ ~ ter- ~ G..v~ce ~C'Ov~'1 ~(~ v ~ `ire e.~`- Name of Applicant or Sp sor: Telephone: b `CS , z _ ~S~ I ~ ~r~,l ~ E-Mail: Address: ~ ~ ~ n \ ~ ~ i City/PO: ~ ~ State: ,~ 1 /~ ~ Zip Code• /ZS~I~ ors ~.,1 I involve the legislative adoption of a plan, local law, ordinance, ti NO YES on o I .Does the prop c 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. roval or funding from any other governmental Agency? a ermit a i i d NO YES pp , p re on requ act 2. Does the propose If Yes, list agency(s) name and permit or approval: ~ ^ 3.a. Total acreage of the site of the proposed action? acres b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on, adjoining and near the proposed action. ^ Urban ^ Rural (non-agriculture) ^ Industrial ^ Commercial Residential (suburban) ^Forest ^Agriculture ^Aquatic ^Other (specify): ^Parkland Page 1 of 4 NO YES N/A 5. Is the proposed action, a. A permitted use under the zoning regulations? ^ b. Consistent with the adopted comprehensive plan? ^ ^ inant character of the existing built or natural d h i h NO YES om e pre t t 6. Is the proposed action consistent w landscape? ^ a state listed Critical Environmental Area? or does it adjoin tion located in d h f NO YES , , ac e propose t 7. Is the site o identify: If Yes ~ ^ , substantial increase in traffic above present levels? lt i i d NO ES Y n a on resu act 8. a. Will the propose ^ 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? ® ^ n meet or exceed the state energy code requirements? ti d h NO YES ac o e propose 9. Does t If the proposed action will exceed requirements, describe design features and technologies: ~`~ ~ ^ ^ d action connect to an existing public/private water supply? Will h NO YES e propose t 10. If No, describe method for providing potable water: ® ^ , d action connect to existing wastewater utilities? Will h NO YES \~ e propose t 11. If No, describe method for providing wastewater treatment: ^ ^ ite contain a structure that is listed on either the State or National Register of Historic th D 12 NO YES e s oes . a. Places? b. Is the proposed action located in an archeological sensitive area? ^ or lands adjoining the proposed action, contain osed action ro f the site of the rti NO ES Y , p p on o 13. a. Does any po 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? s: f t i ~ ^ or acre ee n square If Yes, identify the wetland or waterbody and extent of alterations 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 ^ Agricultural/grasslands ^ Early mid-successional ^ Wetland ^ Urban ~ Suburban osed action contain any species of animal, or associated habitats, listed ro ite of the th 15 D NO YES p p e s oes . by the State or Federal government as threatened or endangered? ® ^ roject site located in the 100 year flood plain? Is the 16 NO YES p . either from point or non-point sources? ate storm water discharge r ti d NO YES , on c e ac 17. Will the propose If Yes, a. Will storm water discharges flow to adjacent properties? ^ NO ^YES ® ^ b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: ^ NO ^YES Page 2 of 4 D truction or other activities that result in the impoundment of l d i i NO YES e cons nc u on 18. Does the proposed act water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: ~ ^ roperty been the location of an active or closed an adjoinin ti d NO YES g p on or ac 19. Has the site of the propose solid waste management facility? describe: If Yes ®~ ^ , ction or an adjoining property been the subject of remediation (ongoing or d h f i NO YES a e propose te o t 20. Has the s completed) for hazardous waste? describe: If Yes ~ ^ , I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/spons' o~~ me: Date: < < <~ Signature,./ Part 2 -Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following 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 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 n L~J ^ 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 ener conservation or renewable ener o ortunities? 7. Will the proposed action impact existing: li ? ~ ^ es a. public /private water supp ili i ? ^ ^ es t b. public /private wastewater treatment ut 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 natura- 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 (~j ~~ ~~11 ^ problems? health? h ,, uman 11. Will the proposed action create a hazard to environmental resources or 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 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) Date PRINT Page 4 of 4 Town of Wappinger 20 Middlebush Rd. Wappingers Falls, NY 12590 (845) 297-6256 To: For Property Located at: Your application to: EXISTING DECK 13' 10" X 33' 10" SBL: Date of This Notice: Zone: Application #: is denied for the following deficiency under Section 240-37 of the Zoning Laws of the Town of Wappinger Where 50' to the front lot line is required, the applicant can only provide 45' 3" to the front yard lot line for the existing deck. "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. ,mod ft. ft. ft. WHAT YOU CAN PROVIDE: ft. ft. ft. ~i ~S 3 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 ~ Ba • 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 TYPE: O New Construction O Renovation/Alteration APPLICATION FOR BUnnILDING PERMIT Residential ZONE: ~ ~V DATE: ~ ~ O Commercial APPL #: ~~ PERMIT # O Multiple Dwelling GRID: `-Z5 ~ ` ~'~-~ ~ !r/ ZZ_.'~.`~ ~~ ~. APPLICANT NAME: ~ ~~V ~ i ~ t !~ G< ~~~ , ,! ADDRESS: f L' L `, ~ ~ t~ .iii ~ 1.}~-f' t'~y TEL #: >~(S ~% ~ " Z.~;G~ CELL: S~ ~ - y', `% _ < ~j~;t~r~l~C NAME OWNER OF BUILDIP *PROJECT SITE ADDRESS*: MAILING ADDRESS: TEL #: CELL: _~` A~~`J #: FAX #: BUILDER/CONTRACTOR DOING WORK: ~~ ~ .~ COMPANY NAME: ADDRESS: TEL #: CELL: DESIGN PROFESSIONAL NAME: TEL #: CELL: _ APPLICATION FOR ~~ (/ SETBACKS: FRONT: ~_ REAR: ~- L-SIDEYARD: R-SIDEYARD: SIZE OF STRUCTURE: / 3 ~ 10'' Y' 3 3 ~ 1 ~ `~ ESTIMATED COST: TYPE OF USE: Z,/ 3 NON-REFUNDABLE APPL. FEE: ~~~ PAID ON:~b/~ CHECK # ~~ f 7 v RECEIPT #: I ~ -~ ~ ~ ~ BALANCE DUE: PAID ON: CHECK # RECEIPT #: APPROVALS: ZONING ADMINISTRATOR: O Ap roved ® 'e Date: ~~'~~~ ~~~ l f c-7 Signature of Applicant FAX #: FAX #: (~ E-MAIL: r l° t-r r, j I~' r~ ~° ~~ <E'n 1 E-MAIL: E-MAIL: E-MAIL: p,~~ }ii X ~~ (L ~' ~ / (; ~/ FIRE INSPECTOR: O Approved O Denied Date: Signature of Building Inspector ~:~~= ~,,, T O `'v N O F ~~~ P P I ~T G E R ~' ) P L4T PLAN APPLIC/-~TION #: BUILDING PEP.fvJIT #: ~ OW F LAND: ~V ~ INTERIO OR CORNER LOT: I - UtIV1CU ZONING ADMINISTRATOR p ~ ~ X13 Rear Yard l(/ Side ~ rd ft. HOUSE ~~ 0 Front Set Back ~~t~ nearest Street { N' f ronta~e i ft. ft. ft. ....................... • INSTRUCTIONS • v~~ • i 1 1 JP.k, . structure ~^. here voL intend tc place it • (2i L~.SEL dimensions. • i3) LIST hov; far the structure is (rGm house ar~d • also the setbacks fron~~ slruciurE tc your • ~ property tine DATE: l ~_zZ~ ZONE: _ Side Yard ft. ~ _ ~ Nearest Street IND]CATE LOCATION of ~~~ELL aa~d SEWAGE SYSTEM and TI-IE DISTANCE of EACH FROM HOUSE ~' and STREET: ~ ~ L `~ / HOUSE r . Siy~nature of.App-icant: i';~t.`' ~~_ Hark !~clrth ('uint V~1-liiic - .~i/~/~licun) :, C'u/~I~ 1~cUn~~~ - O//~r~~' C~n~~i~ fink - .~L~a~~.~.~~n~'s C1~~i~~c Cn/~t~