14-7523TOWN 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: Joseph Paoloni
Town Clerk
ZONING BOARD OF APPEALS
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
Phone 845-297-6256 X122
Fax: 845-297-0579
E-Mail: srose(%townofivappingecus
TOWN SUPERVISOR
Barbara Gutzler
TOWN BOARD
William H. Beale
Vincent Bettina
Ismay Czarniecki
Michael kuzmicz
~~ ~
MAr ~ 8 2014
T°wN ~~ v~a~prry
---.~~
ro wN C~FRK ER
From: Sue Rose, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Patricia & Antonio Martins
Appeal No. 14-7523
Attached you will find the original Application/Decision & Order for
Patricia & Antonia Martins, 119
Edgehill Drive. Tax Grid No. 6358-03-091091. I would appreciate it if you
would file these documents.
Attachments
cc: Patricia & Antonio Martins
Town File
Building File
Jim Horan
TOWN OF WAPPINGER
P.O. BoX 324 - 20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 1 2590
Zoning Board of Appeals RECEIVEID
Office: 845.297.1373 ~ Fax: 845.97.4558
Zoning Enforcement Officer APR 2 ~. 201
Office: 845.297.6257
www.townofwappinger.us owN of wgppiNGEg~
7 Application for an Area Variance
Dated :
Appeal # ---- ~ -
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: l
I(We),yr7" ~~~~,; ~`'ryN~Ncd /y~~-f7~/S residing ~t -12 ~-~0.5~ (Ph ne)~hereby appeal
w/J~PP/N ~ ns f-~~/s ~y IZ~~~ ~ -~'
to the Zoning Board of Appeals from the decision/acti fo °anharea vangance( jistrator,
dated , 200_, and do hereby apply
Premises located at ~~ ~ ~~~~~
Tax Grid # -D3 • d --
Zoning District a /'
1. Record Owner of Property ~sN~icrc i/a ~.fjwhiNlc. X>1F~~S
Address
Phone Number _- ---------- Signature: Tl~~r~~ ~ " ' ~"'~~
Owner Consent: Dated: printed:
Z. Variance(s) Request:
Variance No. 1 ~ Pals for a variance(s) of the following
I(We) hereby appiy to the mooning Board of App-
requirements of the Zoning Code. ~ ~ n_
(Indicate Article,
Required:
Applicant(s) can provide:
Thus requesting:
To allow:
r90 X r90~
~oti T
nd Paragraph)
IJ
ction, subsection
r ~ ~ ~,~~~
To~~~022.7_[3.4-A11v (-0-0, Re~~) i ora
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No. ~c~ - ~~_~
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.
CaA ti ~p ~c-
(Indicate Article, Secti
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.
G~ i ti G.1 M NL- G-~J ~3J ~- S /VO N (' F
,c/ a.. ~ ,Cl .~, v ~J /j / L'~I ~/~ C7 c ~.~ Ci9 /~ ,~T
,'Subsection and Paragraph)
TOVJ022.7BA-AA\/ (4-03 Rev) 2 of 4
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. ~s~T
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(s) is(are) granted, will the physical environmental conditions in the
neighborhood or district be impacted? Please explain, in detail, why or why not.
Town of Wappinger Zoning Board of Appeals
Application for an Area,V,ar~Sce
Appeal No. yy~ ~3
F. Is your property unique in the neighborhood that is needs this type of variance? Please explain
your answer in detail.
,:~ lid ,~ T 7yl?rfi~~ ~L NtD W l~ ~ 2 TS y,
iQvc'. w~- ~o/~
wi wi .,,
~~~ G d- /CJE i G--/f-r,5~ ~ i6F-u u OJ . --
4. List of attachments (Check applicable information)
(~ Survey Dated `yod nlad~ /~' ~~, 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 /ist):
5. Signature and Verification
nd
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.
E ~ -~ ~ ~c~~~--.. DATED: ~ ~~`~~
SIGNATUR
(Appellant)
DATED: ~ j
SIGNATURE
(I more than one Appellant)
TO~'OZ2.LBA-.4.4V (4-U± Rev) 3 of4
E. How did your need for an area variance(s) come about? Is your difficulty self-created? Please
explain your answer in detail.
~-- Q~~~~'~A
L
FOR OFFICE USE ONLY
1. THE REQUESTED VARIANCE(S) ( )WILL / (X) WILL NOT PRODUCE AN
UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD.
2. ( )YES / (~ 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) / (~ 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 (X) IS / ( ) IS NOT SELF-CREATED.
CONCLUSION: THEREFORE, IT WAS DETERMII~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 has voted to grant a 13 foot variance for an existing 20 X 20
steel carport. Where 20 feet to the side yard is required, the applicant
can only provide 7 feet.
( )FINDINGS & FACTS ATTACHED.
DATED: ~ ~1 ~ t7 u~L~
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY: ~~ ~~-
Acting Chairman)
PRINT: ~~ ~~'~~~
617.20
Appendix B
Short Environmental Assessment FoYnc
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
Name of Action or Project:
Project Location (describe, and attach a location map);
Brief Description of Proposed Action:
Name of Applicant or S
onsor:
p Telephone:
~,/
~
/
7 /,2~/CSR ~ ~J-it~~'`d.v/ v /"/ A-,~..fjoc/J E-Mail:
Address:
/~ `l ~ l~G-/~i %/ v'~ ~ rid
City/P0: State: Zip Code:
Gt/.~/~/~ ~ N G~~s ~--/~-~/s ~
/V_ ~ J z~jv
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
maybe 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? 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 ^Agriculhire ^Aquatic ^Other (specify):
^ Parkland
Page 1 of 4
5. Is the proposed action, NO YES N/A
a. A pernutted 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 YES
es,
ent
y:
^
8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES
b
A
b
.
re pu
lic 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? NO YES
If the proposed action will exceed requirements, describe design features and technologies:
I
_
10. Will the proposed action connect to an existing public/private water supply?
NO
YES
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: ~ ^
12. a. Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places'?
b
Is the proposed action located in an archeolo
ical sensitive ar
a? ^
.
g
e ^
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?
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 ~uburban
15. Does the site of the proposed action contain any species of animal, or associated habitats, listed NO YES
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 YES
If Yes,
a. Will storm water discharges flow to adjacent properties? ~O YES
^
b. Will storm water discharges be directed to established conveyance systems (run f and storm drains)?
If Yes, briefly describe: [E]NO ^YES
Page 2 of 4
18. Does the proposed action include construction or other activities that result in the impoundment of NO YES
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:
20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or
completed) for hazardous waste?
If Yes, describe:
NO YES
NO YES
I AFFIRM THAT THE Iti'FORNIATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF 1VIY
IiNO`VLEDGE
Applicant/spo r name: __ ~~}~i~i,~ ~ / ~~iC-f7N,S Date: ~~~ ~_
Signature: ~ '~~ ~ /~~ ~
Part 2 -Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the followine
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
I occur occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning ^
regulations?
2. Wil] 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 i;1 the existing level of traffic or ^
affect existing infrastructure for mass transit, biking or walkway?
6
Will
h
.
t
e 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:
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 draina
e
,
g
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, 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
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
Town of Wappinger
20 Middlebush Rd.
Wappingers Falls, NY 12590
(845) 297-6256
To: Martins, Antonio C
Martins, Patricia
119 Edgehill Dr
For Property Located at: 119 Edgehill Dr
Your application to:
20 x 20 STEEL CARPORT
SBL: 6358-03-091091
Date of This Notice:4/2112014
Zone: R20
Application #: 32966
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 7 feet.
"Accessory Structures must comply with all minimum yard setback requirements for buildings, but in no case
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..."
REQUIRED:
REAR YARD:
SIDE YARD (LEFT):
SIDE YARD (RIGHT):
ft.
ft.
ft.
FRONT YARD:
SIDE YARD (LEFT):
SIDE YARD (RIGHT):
ft.
ft.
ft.
WHAT YOU CAN PROVIDE:
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 trul ,
-- ~ ,.
Barbara Roberti
Zoning Administrator
Town of Wappinger
_. _ .
i'
I
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: C~Residential ZONE: DATE: ~ Z~~ l
O New Construction O Commercial APPL #• ~~ PERMIT #
O Renovation/Alteration OMultipleDwelIin; GRID: Ct~ / ~~ - (~~ "~~ (~
APPLICANT NAME: `/~/-/~, /~'~~ d'/-f n/fZI/l// U ~ /I/~~/~~-'//VJ
ADDRESS: /~/~ /-.l~lr~~ LG /~i~l d lA~A~IA /~ll~~-S /~~ /~.S /V y ~ZS~C/
TEL #: ~y J Z y ~.~ ~~~ ~ 6CELL: 9 r 4 ~7 3 '~/ ~i o~A.~ #: E-MAIL:
NAME OWNER OF BUILDING/LAND: ~.¢1~~cia -~- vtN}~,~i~ C /~% dtrf7n~7
*PROJECT SITE ADDRESS*: S~h-n ~. /~s ~Ll (/f
MAILING ADDRESS:
TEL #: CELL: FAX #: E-MAIL: ~~c~~V~ '
BUILDER/CONTRACTORbOING `YORK:
COMPANY NAME:
ADDRESS:
TEL #:
%` l ?~r3 1r~
~~~~0 ~ ;J i ,~
/N
TpwN FWA PNGFR
CELL: FAX #: E-MAIL:
DESIGN PROFESSIONAL NAME:
TEL #: CELL:
APPLICATION FOR:
C
FAX #:
E-MAIL:
SETBACKS: FRONT: A ~rrREAR: ~~~ L_SIDEYARD: Z3 !fi
R-SIDEYARD: ~~
SIZE OF STRUCTURE: _.~ ~T ~ ~ ZU /~- / L j(] ~% [~,S%i~~ L
ESTIMATED COST: TYPE OF USE: C g2 S
NON-REFUNDABLE APPL. FEE:/~U PAID ON: T~ ~~CHECK # ~ L RECEIPT #: ~ ~~
BALANCE DUE: PAID ON
APPROVALS:
ZONIN ADMINISTRATOR: ,~~ /~
O Appr ved ~, Denied ~ Date: J
Signature o~Ap
CHECK # RECEIPT #:
FIRE I1i'SPECTOR:
0 Approved O Denied Date:
ignature of Buil
Lnspector
I
CODE ENFORCEMENT
Susan Dao X126
~ Sal Morello, [tl X142.
FIRE INSPECTOR
Mark Liebermann X127
fi
ZON;NG ADMINISTRATOR
Barbara Roberti X128
BUILDING DEPARTMENT
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590-0324
(845)297-6256
FAX: (845) 297-4579
OWNER CONSENT FORM
SUPERVISOR
Barbara Gutzler
TO`NN COUNCIL
William Beale
Vncent Bettina
Ismay Czarniecki
Michael Kuzmicz
TO BE FILED WHEN TAE APPLICANT IS NOT THE BUILDING. SITE OR PROPERTY OWNER
BUILDING PERMIT #
APPLICATION #
SITE LOCATION:
GRID: #
Name of APPLICANT:
CERTIFICATION
NOTICE TO APPLICANTS: 240-109 Certificate of Occupancy
It shall be unlawful for a building owner to use or permit the use of any building or premises or part thereof hereafter
created, erected, changed, converted or enlarged, wholly or partly, in its use or structure until a Certificate of Occupancy shall
have been issued by the Building Inspector and the Zoning Adnunistrator.
FAIL TO COlYIP MAYRESULT IN COURT PROCEEDINGS.
I, -~¢rc is /.~ J 7J~~-d7 it/5 ,owner of the land/site/buildingbereby give my perr~tission fot• the To>vn of
Wappinger• to approve ar deny the above application in acco dance with local and state codes arzd ordina~ices.
~; Date ~ ~ Owner's Signatu~je
~~S Z I ~ '~~ 5~ ~' 7C i~ d • ~~-/~-~i/S
Owner's Telephone Number Print Name
P l 1 l~ D G`/f~ 1~ ,l~i~ i ~/L~ Gt//+,~/.vlz°~l ~ ~~s ~-~1 ~ Z s~i o
Print Owner's Address
FOR OFFICE USE ONLY
Code Enforcement Official:
(Person PHYSICALLY coming in to apply) (IF other than the Owner)
O WN OF ~~IAPPINGER ~~~,
f.i ~° ~) ~~ 6.! , ? • C~^~AW STRU~TUR"c TC SE ,OJ'c0
@`C 2• LAoEL ITS Dll•IcM$IONS
3- ! ?SEL S„=R.CKS \MPri FRROk'S
@UILDING F~RhA17 m DATE _
LOCATION N 5
SfDE~---- - - ' ` STREE~/~VENUE
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HOUSE NUMBER LOT NU}~iBER REC. VOL,~ ?AGE
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OWNER OF LAPlD ~ 1
1NTEP.IOR OR COF.FdER LOT ZONE
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