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14-7525 TOWN OF WAPPINGER Zoning Administrator Barbara Rmbrin TOWN SU PERF ISOR SECRETARY TO ZONING BOARDBarbar Ciu¢la Sue Rose TOWN BOARD ZONING BOARD OF APPEALS ,\ William LL Beale Howard J. Prager. ChairmanVincent Bettina A]Casella l Ismap CnemisAl Peter Gelom Michael Ruzmlc. Bob Johnston ZONING BOARD OF APPEALS Brian Rexhouse 20 MIDDLFBLSH ROAD WAPPINGEItS FALLS. 12590 Phone BSJ-292fi2?6 X1 Fa.'. 8AS29J-05]9 R-Muir. srose'dmttnofirvOPlnecrua July 23, 2014 JUL 2 3 2014 To: Joseph Paoloni OFWAppINGER Town Clerk TOWNCLERK TOW N From: Sue Rose, Secretary Town of Wappinger Zoning Board of Appeals Re: Robert & Judith Flannigan Appeal No. 14-7525 Attached you will find the original Application/Decision & Order for Robert & Judith Flannigan, 48 Reggie Drive. Tax Grid No. 6257-01-073769. 1 would appreciate it if you would file these documents. Attachments cc: Robert & Judith Flannigan Town File Building File Jim Horan TOWN OF WAPPINGER P.O. Box 324 - 20 MIODLEBusH ROAD - WAPPINGERs FALLS, NY 12590 Zoning Board of Appeals RECEIVEC \ _ office: 845.297.1373 — Fax 845.297.4558 Zoning Enforcement Officer MAY 0 5 2071 Office: 845,297.6257 ". AT www.townofwappinger.Us PTQWN0F eaaaiMerr' u TOWN OF WgPpINGEF I Application for an Area Variance Appeal # 1 .� Dated: S�sll4 TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: I(VJe), Qeberf ani r Aifh F/annioa residing at 48 RC ie Pri"' N 4s• b r�_�_ q (phone), hereby appeal to L e Zoning Board of Appeals from the decisin/act on of the Zoning Administrator, dated Mayes 20NA, and do herebya for an area variance(s). w/s,NY /z.Ylo Premises located at ie r'r ✓ a Tax Grid # L 1J57-ol 073 G4 Zoning District R A^ 1. Record owner of Property Rob er>`Md TvdiY M ni an Address r „-„!!✓JJJoJl Phone Number x - - Signatur . Owner Consent: Dated: printed: 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�y Witti SJ.S Rep/ac p, decK reo 3� - - - - (Indicate Article, Section, Subsection and Paragraph) Required: o' f he i i e Y Applicant(s) can provide: Thus requesting: Vdr 11 To allr,w. decK fa „r l7 �' prem neiobor sa a drstarxe as rcrheuse is from ne,ohbor, .'11.1,1,t a n-Anv'44e R�11 i or a Town of Wappinger Zoning Board of Appeals Application for an Are Var'arce� Appeal No. �q 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. er aF -Me nei nhborheod a,ili not Change ah al/. W/0- ara 56mn1y_I e!a ,ho�rhe a 'j i"IndacK due. /a oe.ne. B. Please explain why you need the variance(s). Is there any way to reach the same result Without a vanance(s)? Please be specific in your answer. r void i, hD !i m oar ne,ohbors hau a The derY on/� comes �o the P d nfe! r ho Lse Yf has been fhe Same .,a� Fnr_ sem', _-anv o i I / ltl �� A ,s n' gri-JM ib nG�hbor.5A age kliih 120 prob/_ ehzj ever. /f' 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. 13leef n0t .5'Ah, ntia[ daesnot1,9miineiohborboad - i 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. s no ,rn h _ 1he m e ,a of e e i ��nonar, fe new ed rno�n»va<.aav rangy nwr z ory Town of IVappinger Zon'.ng 3oard of Appeals Application for an Area /arian e Appeal No, E. How did your need for an area varance(s) come about? is your difficulty self-created? Please explain your answer in detail. o � e ' i' tK d t Wood !o ur afef cK F. Is your property unique in the neighborhood that is needs this type of variance? Please explain your answer in detail. Doc se /s !vnlra/ forneighborhood t/aueh yord /s '511, 1 /v l rr Q0 Mrs snm� Malt r 4. List of attachments (Check applicable information) — SUrru1(o/ ��(✓h/x+J/� ( ) Survey Dated , Last Revised and Prepared by ( ) Plot Plan Dated O Photos _clMiji U?on repos ( ) 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): 5. Signature and Verification Please be advised that no application can be deemed complete unless signed below. he applicant hereby states that all information informa—tion given is accurate as of the date of application. XSIGNATUREr���A ^"` "" — — DATED: SS/ri (App..JJellant) SIGNATURE P DATED: S ✓ !y (If more than ine Ap ellant) "rOv'0-2 ZHA-AAV 0 01 Rc,3 aro r D ORIGINAL FOR OFFICE USE ONLY 1. THE REQUESTED VARIANCE(S) ( )WILL / ( X)WD,L NOT PRODUCE AN UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD. 2. ( ) YES / (X)NO, SUBSTANTIAL DETRIMENT WILL BE CREATED TO NEARBY PROPERTIES. 3. THERE( )IS (ARE) / ( )9 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) O WILL/ (X) WILL NOT HAVE AN ADVERSE EFFECT OR DVIPACT ON THE PHYSICAL OR ENVIRONMENTAL CON'DITION'S 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)GR-ANTED ( )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 3 foot variance for the construction of a 26 X 14 (w/steps) replacement deck. Where 20 feet to the side yard is required, the applicant could only provide 17 feet. ( ) FINDINGS & FACTS ATTACHED. DATED: ZONING BOARD OF APPEALS TOWN OF WAPPINGER, NIEW YORK BY: (Chairman),o PRINT: /yDtWPv/ l 6 p- 617.30 Appendix B Short Environmental Assessment Form Instructions for Comnlefine 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 ventieation. Complete Parc I based on information currently available- If additional research or investi_eation would be needed to fu!ly respond to any item,please answer as thoroughly as possible based on current information Complete all items in Part I. You may also protide 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 tProject Loca- (describe, and art ch a location map): \ L1 o Brief Description of rr*os osea'Actio¢: r. L Q- of Applicant or Sponsor' iTelephone. ppq e �✓�t..v�h &Mail: Address. l C, PO State: Zip Code: W h Does the roposed ction only involve the legislative adoption of plan,local law,ordinance, NO YES administrative rale,or revelation' If Yes,attach a narance description of the intent of the proposed action and the emhonmental resources that may be effected 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(name and perut or approval ❑ i.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically distorted? 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,adoining and near the proposed action. E]Urban ❑Rural (nor agriculture) E3 Industrial []Commercial Residential isuburban) ❑Forest ElAgriculhae El Aquatic ❑Other(speci y)'. ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ❑ ❑ It.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? ❑ Z Is the site ofthe proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO 'ES If Yes, identify: S. a Rill the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site ofthe proposed action? ❑ a an Are y pedestrian accommodations or bicycle routes available on or near site ofthe proposed action° ❑ 9.Does the proposed action meet or exceed the state energy code requirements? SO YES If the proposed action will exceed requirements,describe design features and technologies' ❑ 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 stmcttne that is listed on either the State or National Register of Historic NOA YES Plates? ❑ b. Is the proposed action located in an archeological sensitive area? 13. a. Does any portion of the site ofthe proposed action,or lands adjoining the proposed action,contain NO f 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 wetlaud 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 13 Forest ❑Agricultural/ asslands []Early mid-successional ❑ Wetland ❑Urban ❑Suburban 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? ❑ I6.Is the project site located in the 100 year flood plain? 160 I YES FFFTTI 17.Will the proposed action create storm water discharge,either from point or non-point sources? SO YES If Yes, a. Will stem water discharges now to adjacent properties? NO AYES ❑ b.Will storm water discharges be directed to established conveyance systems(nmoffand stem drains)' If Yes,briefly describe: ❑NO AYES - Page 2 of 4 IS Does the proposed action include coustmetion or other activities that result in the impoundmeut of were,or other liquids to e, retention pond,waste lagoon,damp 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 \O ] S 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 NO I YES completed)for hazardous waste? If Yes,describe- I AFFIRM THAT THE ISFO IATION PROVIDED.ABOVE IS TRUE A.h"D ACCURATE TO THE BEST OF MY K\'OWLEDGE Applicantispo. name Date: Siaarere: w�— Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of rhe following questions in Part 2 ruing the inforrnation 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 bfoderate small to large impact impact mayme occur occur 1. Will the proposed action create a material conflict with an adopted land use plan orzoning El ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ❑ D 3. Will the proposed action impah 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 El reasonably available energy conservation or renewable energy opportunities? T Will the proposed action impact existing_ a.public/private water supplies? � :1 b.public/private wastewater treatment utilities? U U S. Will the proposed action impair the character or quality of important historic,archaeological, ❑ ❑ architectural or aesthetic resommes? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ ❑ waterbodies,groundwater,air quality,flora and fatma)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur IQ Will the proposed action result in an increase in the potential for crosion,flooding or drainage ❑ ❑ problems? 11. Will the proposed action create a hazard to environmental resources or human health? 1 0 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 derail, 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 mayor 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. i❑ 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 ifyou 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 impact. Mame 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 ofPreparm(Tclifferent from Responsible Officer) PRINT Pal,e 4 of 4 Town of Wappinger 20 Middlebush Rd. Wappingers Falls, NY 12590 (845) 297-6256 To: Flannigan, Robert F SBL: 6257-01-073769 48 Reggie Dr Date of This Notice:4/17/2014 Wappinger Falls NY Zone: R20 Application #: 32990 For Property Located at: 48 Reggie Dr Your application to: REMOVE AND REPLACE DECK REAR 26' X 14 WITH STEPS 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 IS REQUIRED, THE APPLICANT CAN ONLY PROVIDE 17 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..." R E Q U I R E D: WHAT YOU CAN PROVIDE: REAR YARD: ft. ft. SIDE YARD (LEFT): 1�0 ft. SIDE YARD (RIGHT): ft. ft. FRONT YARD: ft. ft. SIDE YARD (LEFT): ft. ft. SIDE YARD (RIGHT): 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, Barbara Roberti Zoning Administrator Town of Wappinger RECEIVED TOWN OF WAPPINGER BUILDING DEPARTMENT 20 Middlebush Road, Wappingers Falls, N.Y. 12590 Telephone: 845-297-6256 fax: 845-297-0579 '_UILD'NG CEPARWEM TOWN OF WAPPINGER APPLICATION FOR BUILDING PERMIT qq qq APPLICATION TYPE: O Residential ZONE: 7 !/f� DATE:�� 3 O New Construction 0Commercial APPL#: O PERMIT# —0 Renovation/Alteration O Multiple Dwelling GRID: 110)157-01 D NAME OF OWNER OF BUILDING/LAND: — `PROJECT SITE ADDRESS`: t ' - ADDRESS: qpP. P�DI�/Ve W/x pn(_iag fS�5 /UY /Z7 9V TEL#: CE/,LL: FAX#: E-MAIL: APPLICANT NAME: Dd T i d/ MAILING ADDRESS: HB fidq qjr, DriYe ��' 1 /ISO /-� 1d07AIV TEL#: SCELL: 9 Vx#. E-MAIL: 1(Qp 1,Ce1M GO! BUILDEWCONTRACTOR DOING WORK: COMPANY_NAME ADDRESS: TEL#: CELL: FAX#: E-MAIL: DESIGN PROFESSIONAL NAME: TEL#: CELL: FAX#: E-MAIL: _ APPLICATION FOR: SETBACKS: FRONT: REAR: LEFT SIDE YARD:1 RIGHT SIDE YARD:_ SIZE OF STRUCTURE: ESTIMATED COST: TYPE OF USE: / �/ / NON-REFUNDABLE APPL.FEE:� ,./ PAID ON: '1 I�� HECK#(/ _�G�RECEIPT#: BALANCE DUE: PAID ON: CHECK# RECEIPT#: .APPROVALS: ZONING ADMINISTRATOR: 'I CODE ENFORCEMENT OFFICIAL: O Approv D ied Date: 'T' 17—)q- OApproved ODenied Date: Sig fire/ um ' trator ignature of pplicant Signature of Code Enforcement Official TOWN OF WAPPINGER PLOT PLAN BUILDING PERMIT # DATE LOCATION N S E W SIDE STREEVAVENUE HOUSE NUMBER LOT NUMBER REC. VOL. PAGE OWNER OF LAND n n INTERIOR CORNER LOT ZONE f DENIF D 1� ✓ d ZONING R anADM7 IS TRATOR APR 17-,2014 Sideyard HOUSE Sideyard ft k. a u 'O Set Back k. 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C11 Ili, boldin- permit rr-as issued. ❑ an imh Inn. hay:it oi'col per mingIn .ny aav,',he Indo a I(s)lh1isf U)p, n in. eC the work for witich the building Ve;mi1 rraS issued ar helping me perforn, such w c k. ❑ Ia ho'ieo"+n is i ._uLlj e rolicy Ila' i coir ntlyin coital and covets •Ire pn p o) n Led or tP.e aC d ed L iildirg perm¢ AND an hiring pi roving licividilais a total of lesschen 10 1&1, ner e^ck (aggregate hours for all iraid individuals 0:1 the jobsite) for�r hiclt the bu ding perp t 1 also agree to either ♦ acquire appropna:e lvoikers' compensation coverage and provide appropriate proof of tha'.coverzge on forms approved by tie Chait of the NTS Workers' Compensation Board to the gov ernur ant entity -suing the building Demo i'.ifr, need to hire or pay individuals a total of 40 hours or onoreper meek (asgregate hours forahpaid oei'dduelsonthejobsite) for work indicated on the building permit,or fe3propr;alie,flit aCc- ?GO exemption forrn; OR have the general contractor, performing the work on the 1, 2, 3 or 4 family, owner-occupied 2sid°_rc (including condominis,ns) listed on the building peraitthat I am applying for, provide appropriate proorot workers' compensation coverage or proofofexemption from that co%,— on forms ap2roved by the Chair of the NTS Workers' Coln-pen5aaon Board to the government entiTy issuing the building permit if the orojeet takes a total of 40 hours or mope per week(aggregat hours for all paid individuzln on mejobsite)for von rndic- o he building permit. . er) (Date Signed) (S: n r ofHor _. 0L-1 Home T phone Number (;lom,ovn..rs Nene Pl mtc) — 's,..oriII/L Gey 'f P-r).,enty Address that r-gwjes the build r_ permit: JOSEPH P PAOLONI Notary Public,State of New York No.01PA6295254 Qualified in Outchess County o' SOa embaf 30 2Qil_.. - Poor no:ariutl,thisCiP-in, ,lootiFF for both�rorlmri campcnsndnn and dis;bilitr i,cnefiL inrurnnce covere.ec N}' WCB 9P-I (12/os)