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14-7529 TOWN OF WAPPINGER Zoning Administrator — Rarbra Robern _ A _ TORI SLPER [SOR SECRETARY TO ZONING BOARD Barbnru Ga&r Sue Rose I`- TOW560ARO ZONING Howar BOARD Prager APPEALS \ William H. ttinu Howard J. lCase, Chairman Vincrnt Bntina Peter rGalle Ismac Cvarnieckl Peter Johnston Michael Ruzmio_ Bob hnous ZONING BOARD OF APPEALS Brian Rexhouse 20 MIDDLIBUSH ROAD KAPPINGERSNGBRS 97L2S X9Y 1 12 90 Phone 84-297--i6 X1'2 Fav_ 845499fgup GMaiL nose^a mwTofwaDoinser u, REC-1- �� July 23, 2014 JUL 2 3 2014 To: Joseph Paoloni TOWNOF WAPPINGER Town Clerk WN CLERK From: Sue Rose, Secretary Town of Wappinger Zoning Board of Appeals Re: Michael & Kristen Simms Appeal No. 14-7529 Attached you will find the original Application/Decision & Order for Michael& Kristen Simms, 30 Kent Road. Tax Grid No. 6258-03-310026. 1 would appreciate it if you would file these documents. Attachments cc: Michael & Kristen Simms Town File Building File Jim Horan TOWN OF WAPPINGER ' P.O. Box 324 - 20 MIDDLEBUSH ROAD i WAPPINGERS FALLS, NY 12590 Zoning Board of Appeals OEice: 845.297.1373 — Fax: 845,297.4558 Zoning Enforcement Officer REQEf�@D Office: 845.297.6257 SUN www.Ownofwappinger.us 032 14 TowNoFW4PCNp FM' R Application for an Area Variance e Appeal # 7dC2- Dated: i 3119 �a-�-- TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: U k i k -14lxyMMS residing at3o I(We), gym-SHjz-g` -13 (phone), hereby apPeal to the o i Board of Appeal from the decisionof t area ni San Administrator, /acti dated - cun 3 , 20014 , and do hereby apply fo Premises located at 3D 6ef)�- k�W Tax Grid # �;as`� - Zoning District R20 1. Record Owner of Property Address --� Phone Number Signature: Owner Consent: Dated: printed: 1Y7+YnS 2. Variance(s) Request: Variance No. 1 Appeals for a variance(s) of the following I(We) hereby apply to the Zoning Board of App requirements of the Zoning Code. Sec}\Cn �`io (In icate Artici Section Subsection and varagrai) Required: q ` C�-kf GCI` Applicant(s) can provide: Z Thus requesting: W To allow: U TOW023Z64-AAV f4 03 Rc11 I a4 Town of Wappinger Zoning Board of Appeals Application for an Are, Va�ncpp Appeal No, N� 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 follow%ng questions i,-, 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. 1F\P 0.�QC1e� of e OA (x- IvarbI B. Please explain why you need the veriance(s). Is there any way to reach the same result without a variance(s)? Please be specific in your answer. igkk vnx�mkja rlqn9Lx . . 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. n t � � S � 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. NU Z e -0W022 ZBA-AAV(403 Rm)2 oro Town of Wappinger Zoning Board cf Apoea s Application for an Area va- nq�! Appeal No. -q�o7`f E. How did your need for an area variance(s) come about? Is your dlfflcolty self-created? Please explain your answer In detail. o JQri s t ns 1 - F, Is your property unique in the neighborhood that is needs this type of variance? Please explain your answer in detail. t 5 4. List of attachments (Check applicable information) (d) Survey Dated Mq:!!) (-f I '�oj , Last Revised and Prepared by ( ) Plot Plan Dated Photos (� Drawings Dated 1� df r 2t - �j Letter of Communication which resulted in application to the ZBA. (e.g., recommendation from the planning Board/Zoning Denial) ., Letter from �n3' `'s— Q� t Dated: Letter from Dated: ( ) Other (please list): 5. Signature and Verification Please be advised that no application can be deemed complete unless signed below. The applicant here tates that a nformation given is accurate as of the date of application. SIGNATURE DATED: S (Appe an 2 SIGNATU DATED: 3 (If more t an on Appellant) T0U'02_'Z3A kAV(4.0 Re,)3 ora FOR OFFICE USE ONLY 1. THE REQUESTED VARIANCE(S) ( )WILL / (X)WELL 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) / (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) / (X)IS(ARE)NOT SUBSTANTIAL. 5. THE PROPOSED VARIANCE(S) ( )WILL/ (X)WILL NOT HAVE AN ADVERSE EFFECT OR IMPACT 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 an eight foot rear yard variance for the construction of a 15X24X52 above ground pool. Where 40 feet to the rear yard is required, the applicant can only provide 32 feet. ( ) FINDINGS & FACTS ATTACHED. DATED: J1/ ZONING BOARD OF APPEALS TOWN OF WAPPINGER, NEW YORK BY:A (Chairman) PRINT: a e 617.10 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 pan 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 L 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 l-Project and Sponsor Information Name of Action or Project ISx ay V 52- rnb6VC OdD A (wal Dant I Project Location(describe, and attach a location map): 3o Kit Brief Description of Proposed Action: I5 x 34 x :5 2) above Ud blal P fll Name of Applicant or Sponsor: Telephone- E-Mail: Address: Cin PC State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan local law,ordinance, NO YES administrative rale,or regulation? If Yes.attach a naaative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Par 2. If no,continue to question 2. 2. Does the proposed action [equire a pertnit,approval or funding from any other governmental Agency? 60 ITS IfYes,list agency(s) vame and permit or approval: ❑ 3.a.Total acreage of the site of the proposed action? . e acres b.Total acreage to be physically disturbed? acres a Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? -.S acres 4. Check all land uses that occur on,adjoining and near the proposed action. El Urban ❑Rural(non-agriculture) []Industrial [—]Commercial sidentiai(suburban) ❑Forest ❑Ae calntre ❑Aquatic El Oil (spec fy ❑Parkland Pae 1 of 4 No 5. the proposed action, YES N/A Er❑ 1:1a.,A permitted use under the zoning regulations? b-Consistent with the adopted comprehensive plan? ( ❑ ❑ Uv 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 Ares? NO -ES If Yes, identify: ❑ S. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES i ❑ 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? NO ,YES If the proposed action will exceed requirements,describe design features and technologies: ❑ IO- WIII the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ❑ 1I Will the proposed action connect to existing wastewater utilities? NO I YES ! If No,describe method for providing wastewater treatment ❑ 12. a.Does the site contain a structure that is fisted on either the State or National Register of Historic NO YES Places? ❑ b. Is the proposed action located in an archeological sensitive area? TIT ❑ Ii.a.Does any portion of the site ofthe proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by 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 spire feet or acres: I 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: I El Shoreline El Forest [:1 no uI raVgrasslands ❑Early raid-successional E] Weiland ❑Urban IySuburban 15.Does the site of the proposed action contain anyspecies of animal,or associated habitats,listed NO E 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 I YES IfYes, ❑ a. Will storm water discharges flow to adjacent properties? ❑NO DYES L Will storm water discharges be directed to established convevance systems(runoff and storm drains)? If Yes,briefly describe'. ONO DYES I Page 2 of 4 18-Does the proposed action include construction or other activities that result in the impoundment of SO YES water or other liquids(eg, retention pond,waste lagoon,dam)? If Yes, explain purpose and size' ❑ I9_Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: � ❑ 20.Has the site of theproposed action or an adjoining property been the subject of remediation(ongoing or � NO YES completed)for hazazdous waste? If Yes,describe: I AFFMNI THAT THE INFORNATION PROVIDED ABOVE IS TRUE ANT)ACCUPUTE TO THE BEST OF MY KNOWLEDGE J \,, ,, Cy, / Applicant p or name a{'�(-y SQA ` i" tlX'Y\M Date: to 3 Signa[ur T c 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 actlonf" No,or 'Moderate small to large impact impact may may occur occur L Will the proposed action create a material conflict with an adapted land use plan or zoning ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? Fl. El 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 ❑ �f-7� reasonably available energy conservation or renewable energy oppotmnities9 7. Will the proposed action impact existing: ❑ Ela.public/private water supplies? b.public/private wastewater treatment utilities? F 8. Will the proposed action impair the character or quality of important historic,archaeological, ❑ EJ or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, El ❑ waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 Town of Wappinger 20 Middlebush Rd. Wappingers Falls, NY 12590 (845) 297-6256 To: Gallant, Kristen SBL: 6258-03-310026 Simms, Michael Date of This Notice:6/3/2014 30 Kent Rd Zone: R20 Application #: 33139 For Property Located at: 30 Kent Rd Your application to: Installation of A/G Pool 16' x 24' x 52" is denied for the following deficiency under Section 240-37 of the Zoning Laws of the Town of Wappinger Where 40 feet to the rear is required, the applicant can only provide 32 feet. o "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: WHAT YOU CAN PROVIDE: REAR YARD: LfO ft. ft. SIDE YARD (LEFT): ft. 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, _ _�� _ Barba 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 FOR BUILDING PERMIT APPLICATION TYPE: ®Residential ZONE: w DATE: O New Construction O Commercial APPL#:33 3 1 PERMIT# O Renovation/Alteradon ONfultiple Dwellifn[g GRID: 62- a - 9,5 - APPLICANT NAME: hj6Ane� S �jD r1RS-�Cn �IYhtY1S ADDRESS: 'f tot R A TEL#:be{5=440'��C2 CELL:Sy S-Slt( - NIZFAX#: E-MAIL:(T\51MMS-13 NAME OWNER OF BUILDING/LA N D : J *PROJECT SITE ADDRESS*: -r I q S{ Q MAILING ADDRESS 30 &(S{ Q6 TEL#:`hyr 4�{p-l)S6 CELUS45--S4(,b9-LS FAX#: E-MAILt-, tmrvlsZ Ct� BUILDER/CONTRACTOR DOING WORK: COMPANY NAME: ADDRESS: TEL#: CELL: FAX#: E- - MAIL: DESIGN PROFESSIONAL NAME: TEL#: CELL: FAX#: E-MAIL: APPLICATION FOR: a6u ,! �� �00/ 11'Y 7 —X,5 2- SETBACKS: SETBACKS: FRONT: REAR: L-SIDEVARD: Zq 6k.R-SIDEYARD: SIZE OF STRUCTURE: JS X -z 17- ESTIMATED COST: 4� /0 000 TYPEOFUSE: Pefson k '.YON-REFUNDABLE APPL FEE�/.SV PAID ON:�o-'1 14CHECK# RECEIPT#:/ BALANCE DUE: _PAID ON: CHECK# RECEIPT#: APPROVALS: ZONING ADMINIST FIRE INSPECTOR: O Ap ved b D hied � [ � O Approved O Denied Date: Signature o pplicant Signature of Building Inspector TOWN e OF W®APpPINGER o,RE�,N„ PLOT PLAN IF 2- ABEL r5 ;.�ri815I: LSEJ BUILDING; PERMIT f_ DATE — LOCATION N S E W SIDE STREEYAVENUE HOUSE NUMBER 3e LOT NUMBER__ REC. 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