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14-7521TOWN OF WAPPINGER Zoning Administrator Barbara Roberti SECRETARY TO ZONING BOARD Sue Rose ZONING BOARD OF APPEALS Howard J. Prager, Chairman AI Casella Peter Galotti Bob Johnston Brian Rexhouse May 28, 2014 To: ~ ~~~ Town Clerk From: Sue Rose, Secretary Town of Wappinger Zoning Board of Appeals Re: Charles & Janet Dell'Amore Appeal No. 14-7521 TOWN SUPERVISOR Barbara Gutzler TOWN BOARD William H. Beale Vincent Bettina Ismay Czamiecki Michael Kuzmicz ~_ . ~M4. ~~r ;~~~. ~l ~r~L Attached you will find the original Application/Decision & Order for Charles & Janet Dell'Amore, 15 Doyle Drive. Tax Grid No. 6257-02- 822546. I would appreciate it if you would file these documents. Attachments cc: Charles & Janet Dell'Amore Town File Building File Jim Horan ZONING BOARD OF APPEALS 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 Phone 845-297-6256 X122 Fax: 845-297-0579 E-Mail: srose(u~townofwappinger.us ~~~~U V ~~ MAY` 2 8 2014 TOWN OF WAPPINGER ~T(~UVIV ~~ERK TOWN OF VYAPPINGER P.O. Box 324 ~ 20 MiD~LEBU~o ROAD R~CEfV~~ WAPPINGERS FALLS, NY 1 25 APIA ® ~ ~'? l~ Zoning Board of Appeals BUILp~NGp Office: 845.297.1373 ~ Fax: 845.297.4558 T~wN~FWAPpNGERT Zoning Enforcement Officer Office: 845.297.6257 www.townofwappinger.us ~~~~ ~~L ~L Application for an Area Variance _a Dated: - App~al ~ - ~ TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: ~ 1~~, rncti- residing at ) s 1 ~ ~ /c I Z . I(We), ~~ _ ~a" + - ,E?yS- ~'~ (Phone), hereby appeal ~ P 1 n Z to the Zoning Boar of Appeals from the decision/action of the Zoning Administrator, dated 11- 7 ~ , 20013 and do hereby apply for an area variance(s). Premises located at Tax Grid ~:~ 6015 oZ- FsZ2 4.6 Zoning District ~~ _ 1. Record Owner of Property~~A~-~~~ ~^~~ ~ C 1\ Am~xc Address ) 5 ~oyL~ 72- i Phone Number~S~'-~- Si natur ~ ~~ ~' Owner Consent: Dated: `--- ~ ! ly gprint d: ~~~~ 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. ~ 63,E ~, (Indicate Article, Section, Subsection and Paragraph) Required: S~ fl~ ono L~~~ -J~ d~ ~~~- Applicant(s) can provide: _j ~. rt- y Thus requesting:.--- -- ~ ~ To allow: ~~~ TO~'~'022.7I3:4-AAV (4-C13 Rcv) 1 of 4 Town of Wappinger Zoning Board of Appeals Application for an Area, Var. n~ Appeal No. / " ~~~~ 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~ill an) of those changeslbe negativeerPlease explaboyour a~swerib detail. properties change. Y - - - ''S IJ~~ a,ncG- - -~-~ .~ . ,.. 1 ~ s.-.1. ~* '.S "Zj.S 5 w s~ O -~'~- ~ s w, arr.. c~ ~: i ~ h ~~ ~, ~'", ~ ~ O :,,~ iJ~ NF-t10 a,~S~ 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. '~ ~ TO~'~~022.7BA-AAV (4-03 Rev) 2 of 4 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. D. If your variance(srict(be im ratted? Pllease expla n,l inndetail,nwhy or why Inot in the neighborhood or dist P Town of Wappinger Zoning Board of Appeals Application for an Area~Vcalri~a-n~-ce Appeal No, ~%~..ia~ E. How did your need for an area variance(s) come about? Is your difficulty self-created? Please explain your answer in detail. 'A'~~ ~ n -ems 00~ ~ s~, ~~ 'gj~X1~ G~jO ` en"~ `~ F. Is your property unique in the neighborhood that is needs this type of variance? Please explain your answer in detail. \ l 1 _ ~ ~ n _ _ /~ 1 4. List of attachments (Check applicable information) Last Revised and ( ) Survey Dated ~?- a~ - i~i0i Prepared by PG~~- ~ NEST ~ ( ) Plot Plan Dated ( ) Photos ( ) Drawings Dated ( ) Letter of Communication which resulted in application to the ZBA. (e,g,, recommendation from the Planning Board/Zoning DeD ted: 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. ~r>~2 ~.,~ ~- ~ ~ ,~---~ DATED: '-/ -.~'/`-C SIGNATUR~ (App lant) - ~ ~` ~~_ DATED: y~S "~~ SIGNATUR ~"^"-'" ellant (If more than one App ) TO~'02?.7_II,4-.4.4V (4-U. Rcvl ~ of4 ~o RIGIIVAL FOR OFFICE USE ONLY I . THE REQUESTED VARIANCE(S) ( )WILL / (g) WILL NOT PRODUCE AN UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD. 2. ( )YES / (X) NO, SUBSTANTIAL DETRIIVIENT tNILL 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) / (~ IS (ARE) NOT SUBSTANTIAL. 5. THE PROPOSED VARIANCE(S) ( )WILL / (X) WII,L NOT HAVE AN ADVERSE EFFECT OR IlVIPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT. 6. THE ALLEGED DIFFICULTY ( ) IS / ( ) IS NOT SELF-CREATED. CONCLUSION: THEREFORE, IT WAS DETERM11~iED THE REQUESTED VARIANCE IS (~ 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 2 foot 5 5/8 inch variance for the construction of an 8 X 24 addition. Where 20 feet to the side yard is required, the applicant can only provide 17 feet 6 3/8 inches. ( )FINDINGS & FACTS ATTACHED. DATED: ~ ~~ ~I ~Z ~1`I ZONING BOARD OF APPEALS TOWN OF WAPPINGER, NEW YORK BY: G~ c~,, Actin ~ hairman) PRINT: ~~ ~ti5~11~ Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Planning Department Office: 845.297.1373 ti Fax: 845.297-0579 www.broberti@townofwappinger.us Owner Consent Form To be filed when the applicant is not the building or property owner Date: ~` ?~~ Project # ~ ~ ~ a ~ O Grid # rP~~~~ ~ d~ -~°~a''~--- Zoning District: Location of proje~v \ ~,/>/" I5 - ,- Name of Applicant: 1t~,r,-~o~ gUS- Z~i~"33~" Print n me and phone number Description of project: -~" n \~P~ ~, owner of the above 1 ~-. ,~. - ._ . - land/site/building hereby give permission for the Town of Wappinger to approve or deny the above application in accordance with focal and state codes and ordinances. Owner s Signature Date lam} S Z ~'I ^3' . ~3 ~ / C~„E~(1.,~ Es m ) ~n G~ l Print Name and itle *** Owner's Telephone No. 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 (7-0:1 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 fiznding, 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 Name of Action or Project: Project Location (describe, and attach a location map): Brief Description of Proposed Action: ~G~~ -k~l r - ~ ~ i ..T ~ ~-~~,.,oC) G I ~ G~ Pan ~ Name of Applicant or Sponsor: Telephone: 4S~-IS, Zcl ~, 33.1` ~~•,Ar ~s JAr --~ ,l , ~m.n.C" E-Mail: ~~~-~~MOrt ~ ROI. C.,~M Address: City/PO: Stat Zip Code: 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 resotuces that maybe affected in the municipality and proceed to Part 2. If no, continue to question 2. roval or funding from any other governmental Agency? rmit a i i Tv0 YES , pp re a pe on requ 2. Does the proposed act 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 Check all land uses that occur on, adjoining and near the proposed action. 4 . ^ Urban ^ Rural (non-agriculture) ^ Industrial ^ Commercial `Residential(suburban) ^Forest ^Agriculhue ^Aquatic ^Other (specify): ^Parkland Page 1 of 4 ti d h I NO YES N/A on, ac e propose s t 5. a. A permitted use under the zoning regulations? ^ ^ b. Consistent with the adopted comprehensive plan? ® ^ ^ redominant character of the existing built or natural ith the t t i i NO YES p w s en on cons 6. Is the proposed act landscape? ^ or does it adjoin, a state listed Critical Environmental Area? osed action located in ro ite of the th 7 I NO YES , p p e s . s identify: If Yes ^ , ® ed action result in a substantial increase in traffic above present levels? Will th 8 NO YES e propos . a. ® ^ 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? ®' ^ osed action meet or exceed the state energy code requirements? ro es the D 9 NO YES p p o . If the proposed action will exceed requirements, describe design features and technologies: ^ osed action connect to an existing public/private water supply? ro Will the 10 NO Y"ES p p . If No, describe method for providing potable water: ® ^ osed action connect to existing wastewater utilities? ro Will the 11 NO YES p p . If No, describe method for providing wastewater treatment: ~ ^ Does the site contain a structure that is listed on either the State or National Register of Historic 12 a 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 wetlands or other waterbodies regulated by a federal, state or local agency? NO 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 ^ AgriculturaUgrasslands ^ Early mid-successional ^ Wetland ^ Urban ^ Suburban Does the site of the proposed action contain any species of animal, or associated habitats, listed 15 NO YES . by the State or Federal government as threatened or endangered? ~ ^ Is the project site located in the 100 year flood plain? 16 NO YES . either from point or non-point sources? ed action create storm water discharge Will th 17 NO YES , e propos . If Yes, a. Will storm water discharges flow to adjacent properties? ^ NO ^YES ~^ T ^ b. Will storm water discharges be directed to established conveyance systems (nmoff and storm drains)? If Yes, briefly describe: ^ NO ^YES Page 2 of 4 n include construction or other activities that result in the impoundment of ti d h NO YES ac o e propose 18. Does t water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: ~ ^ ed action or an adjoining property been the location of an active or closed f th i h NO YES e propos te o e s 19. Has t solid waste management facility? describe: If Yes , ed action or an adjoining property been the subject of remediation (ongoing or f th h i NO YES e propos te o 20. Has t e s completed) for hazardous waste? describe: If Yes , I AFFIRvI THAT THE INF'ORirIATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF NIY IiNO`VLEDGE Applicant/spons ame: fYG~ ~ ~- ~ ~ril '- Date: `~~ ~ -' ~ Sisnature: r 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 ' ~j1 J ^ establishment of a Critical Environmental Area (CEA)? ~. 5. Will the proposed acrion 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 ~ ^ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: li ? es a. public /private water supp ? ~ ~ ~ b. public /private wastewater treatment utilities 8. Will the proposed action impair the character or quality of important historic, archaeological, ~/1 LLJJ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to nariiral resources (e.g., wetlands, (~ 0111 ^ waterbodies, groundwater, air quality, flora and fauna)? . Page 3 of 4 No, or small impact may occur Moderate to large impact may 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 ~vhy 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, loner 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 Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (if different from Responsible Officer) PRINT Page 4 of 4 Town of Wappinger 20 Middlebush Rd: To: 1.~°! 1 ~ atb~e l S~b~LE D~ For Property Located at: Your application to: CONSTRUCT ADDITION 8' X 24' ON SIDE OF HOUSE SBL: ~oZS'~-f>Z-~2ZS ~~ Date of This Notice: !/ a~~/ ~ Zone: ~,ZD Application #: X710 is denied for the following deficiency under Section 240-37 of the Zoning Laws of the Town of Wappinger Where 20 feet to the side yard is required, the applicant can only provide 17' 6 3/8". "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..." REQUI-RED: REAR YARD: SIDE YARD (LEFT): SIDE YARD (RIGHT): FRONT YARD: SIDE YARD (LEFT): SIDE YARD (RIGHT): 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 truly, Barbs a Roberti Wappingers Falls, NY 12590 (845) 297-6256 ft. ~D ft. WHAT YOU CAN PROVIDE: l7 ~ ft. Zoning Administrator Town of Wappinger ~C~,vED~ TOWN OF WAPPINGER BUILDING DEPARTMENT ~ 2 2 213 20 Middlebush Road, Wappingers Falls, N.Y. 12590 NpV telephone: 845-297 6256 fax: 845-297 0579 6~~ W~ ~~W ApptN6ER ~~ APPLICATION FOUR BUILDING PERMI7T APPLICATION TYPE: O Residential ZONE: t` ` o~ DATE: /~ ~ ~ ~~7 O New Construction O Commercial APPL #: ~ PERMIT # O Renovation/Alteration O Multiple Dwelling GRID: ~,~ ;~J`~ ~- ~,~ - ~~~ •~~~ APPLICANT NAME: ~ V'~ ~(~.~ES ADDRESS: ~~ ~ ~ IC ,_ TEL #: 8~{•S' Z°l~-3339 CEL : _ ~' NAME OWNEI: OF BUILDING/LAND: ~' ~n~,,.icr M ~ . ~R,r..~ ~" C ~-G 11 • ~firn c~-~,c *PROJECT SITE ADDRESS*: ~ ~ ~~H I~ Ott MAILING ADDRESS: far,-, G - TEL #: ~ -2°~?•33~9 CELL: _~~ FAX #: `'- E-MAIL: rpG-\Arr+~d2 d Roi ~C.?~. BUILDER/CONTRACTOR DOING WORK: COMPANY NAME: ~-c'~ g~ ~~•-1~`,-~~,: ~ ~,p ADDRESS: TEL #: CELL: FAX #: E-MAIL: DESIGN PROFESSIONAL NAME: TEL #: CELL: FAX #: E-MAIL: M ~ ~nE'~' C, ~~ 11~~r~o2~ QicJ~ 1~ ~,~-P{~ 1=14-`~-(' FAX #: ___ -~ E-MOIL: r`9E~~Ar'-~~Z-~~31• c.~;rn APPLICATION FOR:^L ~ d 7 ~ ~~ i i ~ u ~ `~ ~ SETBACKS: FRONT: LJ - - ~ REAR: ~_~j L-SIDEYARD: ZcS~ S R-SIDEYARD: _ SIZE OF STRUCTUR~E`:~j~ L) ~ ~-I'c~ ESTIMATED COST:" / J, ~~ TYPE OF USE: ~S `~ ~ art-I-i n4 NON-REFUNDABLE APPL. FEE~~S~ PAID ONII'2 Z'(CHECK # ~~~ ~ RECEIPT #: d ~ = 5 7~~ BALANCE DUE: PAID ON: CHECK # RECEIPT #: APPRO`v'ALS: ZONING ADMINISTRATOR: ~ ~ FIRE INSPECTOR: O Ap~ved Denied ~ Date: ~y y ~ O Approved O Denied Date: ~_ re of Applicant Signature of Building Inspector