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14-7528 TOWN OF WAPPINGER Zoning Administrator Parbara Rohrli A 'A TOWN SUPERVISOR SECRETARY TO ZONING BOARD dvbam Guzzler Sue Rose ZONING BOARD OF APPEALS TON'1N BOARD Howard J. Prager, Chairman r l4'i11hm I L deal, At Caselle Vincrnt dtttina Peter Galotti -_ i' IsmaCzaniisAi BobJohnstonMichod ZONING BOARD OF APPEALS tia>mia Brian R e 20 MIDDLEBUSH ROAD KAPPINGERS FALLS,N) 12590 Phone 84i-297L256 X L'2 Fax 84, 97-0579 E-Mai L. sros ' onnMwappmgernx A July 23, 2014 X 7, T �O To: Joseph Paoloni Town Clerk c� From: Sue Rose, Secretary � Town of Wappinger Zoning Board of Appeals Re: Nancy Bruner Appeal No. 14-7528 Attached you will find the original Application/Decision & Order for Nancy Bruner, 57 Brothers Road. Tax Grid No. 6258-04-892185. 1 would appreciate it if you would file these documents. Attachments cc: Nancy Bruner Town File Building File Jim Horan TOWN OF WAPPINGER .O. Box 324 - 20 NY 1 2590 ROAD P �- WAPPiNGERS FALLS, NY 1 2590 i Zoning Board of Appeals offlce: 645.297.1373 — Fax 84S.297.4558 .� Zoning Enforcement Officer O Office: 845.297.6257 www.townofwappinger.us Application for an Area Variance Appeal # Dated: '51jo114 TO THE ZOf`ING BOARD OF APPEALS, TOWN OF WAPPINGERR, NEW YORK: p4 residing at I y*a) _ (phone), hereby appeal tot e Zo Ing Board of Ap als from the decision/action of the Zoning Administrator, dated 200_, and do hereby apply for an area variance(s). Premises located at 15 7 Q2 Tax Grid # ` �1K _ 04 - ar6 Zoning District Y D &1 1. Record Own o top r Y Address J1 �_ Phone Number Signature: « � �� Owner Consent: Dated: 6 -90 /`l 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. (In diyat _rticle, action,S ubsection and Paragraph) Ecquired: nt(s) can p 0 'de: c eques9: w: Tow az,za a-nnv ran_a�,-r 1 o(4 Town of Wappinger Zoning Board of Appeals Application for an Area ar[4 bk Appeal No.� Variance No. 2 I(We) hereby apply to the Zoning Board of Appeals for a variance(s) of the fallowing requirements of the Zoning Code. (Indicate Article, Section, Subsection and Paragraph) Required: Applicants) can provide: This requesting: To allow: 3. Reason For Appeal (Please substantiate the request by answering the fallowing 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 tho e ch nges_be negative? Please egplajn your anjwer in detail. JA OL 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 o r answer. �U .bo AQrY AXUOLr-)erl-' 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 exp ai n, In detail, why it is not substantial. , OtL' v D. If your variance s) is( neighborhood or district be impacted? Please explain I nin ndetail,nwhy or wental hy ons in the ynot T0µ1022 ZEA AAV(4-0 R,,)2 u4 Town of wappinger Zoning Board of Appeals Application for an Area Vr� ilance.�,� Appeai No. E. low did your need for an area varance(s) come about? Is your difficulty self-created? Please explain yo r answer in detail. t / / 0 ei✓. 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 and 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): 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. /,//�� DATED: SIGNATURE � f�l~ ppellant) r DATED: SIGNATURE (If more than one Appellant) TOW 022 ZeA, A V(4 03 R-)3 c, 9 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 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 VARLANCE(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(X)IS / ( )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 12.3 foot variance for an exiting 12 X 24 shed. Where 25 feet to the side yard is required, the applicant can only provide 12.9 feet. ( ) FINDINGS &FACTS ATTACHED. DATED: 7 2 /`( ZONING BOARD OF APPEALS TOWN OF WAPPINGER,NEW YORK BY: (Chairman PRINT: Howard Prager 617.20 Appendir B Short Environmental Assessment Form Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part I. Reseonses 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 investiganou would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part I- 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-Proje,and Sponsor Information Namc of Awion or ProJoe i Project Location escrrjbe, daaac�,a cationm )'. Brief Description of Proposed Action: ?;amz of Applic yor Sponsor: Telephones. E-Mail: Address: CiW?O: VS / St /p 1.Does the prop actio my involve the legislate adoption of a plan,local law,ordi nce, 60 YES administrative role,or regulation? ! �f ❑ IfYcsattach a nanatice description of the intent of the proposed action and the environmental resources that u may b,' aIT ted in the municipality end proceed to Pan 2. Ifno,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? 60 YES If Yes,list age icy(s)name and permit or approval: ❑ 3.a. Total acreage of the site of the proposed action? acres b.Total aaeage to be physically disturbed? acres c Total acreage(project site end any conrignons 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) ❑ mm Industrial ❑Coercial residential(suburnm) ❑Forest OA-Ticulntre []Aquatic ❑Other(spectfy)'. ❑Parkland Page 1 of 4 5. Is the proposed action, NO YE N/A a.A permitted use under the zoning regulations? ❑ ❑ I b. Consistent with the adopted comprehensive plan? ° ❑ ❑ 6. Is the proposed action consistent with the predominant character of the existing buil[or natural landscape? 7 Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: ❑ 8. a.Will the proposed action result m a substantial increase in traffic above present levels? NO. YES IF 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: r ❑ 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 exis[ine wastewater utilities? INDYES If No,describe method for providing wastewater treatment i K2r ❑ 13. a. Does the site contain a strumae that is listed on either the State or National Register o£Historic NO Places? b. Is rhe 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 NO, YY wetlands or other w aterbodies regulated by a federal,state or local agency?Q b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? Q ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: u 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 El Agricultural,grasslands ❑Early mid-successional EJWetland ❑Urban 8i-hurban 15.Does the site ofthe proposed action contain any species of animal,or associated habitats,listed I 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.Wftl the proposed action create storm water discharge,either from point or non-point sources? NO YES IfYcs, T-.( f F-71to a-Will short water discharges Flow to adjacent properties? lJ NO YES b.Will sere water discharges be directed to established conveyance systems(ru ff and storm drains)? If Yes,briefly describe: FNO AYES Page 2 of 4 IS.Does the proposed action include construction or other activities that result in the impoundment of \O YES water or other liquids(eg. 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 NO YES solid waste management facility? If Yes,describe: ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongatng or NO I YES completed)for hazardous waste? IF Yes,describe: ❑ I I AFFIRM TBkXT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE T/Y4 TH/ggg BEST OF MY KNOWLEDGE �/U L'//r) Applicant sponsor nam GI/ y I Signature Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the followiu_g 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? E ❑ 3. Will the proposed action impair the character or quality of the existing community? - ❑ i 4. Will the proposed action have an impact on the environmental characteristics that caused the ! ❑ establishment of a Critical Environmental Area(CEA)? L_I 5. Will the proposed action result in an adverse change in the existing level of traffic or f,� ❑ affect existing infrastructure for mass transit,biking or walkway? u 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate rif ❑ reasonably available energy conservation or renewable energy o portunities? LJ 7. Will the proposed action impact existing. ❑ li a_public/private water supplies? �p b.public/private wastewater treatment utilities? LJ ❑ 8. Will the proposed action impair the character or quality of important histone,archaeological, 1� ❑ architecmml or aesthetic resources? u 9. Will the proposed action result in an adverse change to neutral resources(e.g9. Will the proposed action result in an adverse change to neutral resources 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,floodin_s or drainage rt problems? ue ❑ 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 ifthere 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 ofoecumng. duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you hate 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 impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency nle of Respon-'ble Officer ( A..n Signature ofResPon'>ible Officer in Lead Agency Signature of e arer( different from Resp onsi6le Officer) F-P-RIN-T-7 Page4 of Town of Wappinger 20 Middlebush Rd. Wappingers Falls, NY 12590 (845) 297-6256 To: Bruner, Ronald SBL: 6258-04-892185 Bruner, Nancy Date of This Notice:5/6/2013 57 Brothers Rd Zone: R40 Application#: 32197 For Property Located at: 57 Brothers Rd Your application to: EXISTING SHED 12' X 24' is denied for the following deficiency under Section 240-37 of the Zoning Laws of the Town of Wappinger Where 25 feet to the side yard is required for sheds over 200 sf in an R-40 zoning district, the applicant can only provide 1 foot. "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. •'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 • 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): 5 ft. / ft. SIDE YARD (RIGHT): ft. ft. FRONT YARD: ft. ft. SIDE YARD (LEFT): SIDE YARD (RIGHT): 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 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: O Residential ZONE: 7— DATE: �{ O New Construction O Commercial APPL#: 2) T PE�/RMITq(�# O Renovation/Alteration O Multiple Dwelling GRID: (0� (y U `r 5 — — 7,�2 O APPLICANTNAME, _ _ /I 1'7t1 _ ADDRESS: TEL f qG-LeFv ELLFAX#: E-MAIL:/ t �,�/I1/ l 4J� /-[pY-/YFC/� , NAME OWNER OF BUILDINGILAND: *PROJECT SITE ADDRESS*: MAILING ADDRESS: TEL#: CELL: FAX#: E-MAIL: BUILDER/CONTRACTOR DOING WORK: COMPANY NAME: ADDRESS: TEL#: CELL: FAX#: E-MAIL: DESIGN PROFESSIONAL NAME: TEL#: CELL: / FAX#: E-MAILpp: APPLICATION FOR: h (I oZ I 02�l ,2-0 d U SETBACKS: FRONT: REAR: L-SIDEYARD: R-SIDEYARD: SIZE OF STRUCTURE: ( ), )( 2 "-1 / ESTIMATED COST: TYPE OF USE: 13 - 410(5 � "����((( QQ NON-REFUNDABLE APPL.FEE:�/0 PAID ON: - I HECK#o� tD T RECEIPT#: V BALANCE DUE: PAID ON: CHECK# RECEIPT#: APPROVALS: ZONING ADMINISTRATOR: FIRE INSPECTOR: O App � '@d ate: S�-(, -/ O Approved O Denied Date: fti'Nn-- Signat re of A licant Signature of Building Inspector TOWN OF WAPPINGER ; PLOT PLAN 11a � a 11110 s,ox;"m3o 3''.n.Be,5-- 51FKF WITn AE0.0W5 BUILDING PERMIT # DATE LOCATION N 5 SIDE - Po?HERS - STREEVAVENUE E W HOUSE NUMBER S7 LOT NUMBER—REC. VOL.—PAGE— OWNER OL. PAGEOWNER Of_L1ND INTERIOR OR CORNER LOT ZONE 1•S - 1 Rear Yard DENIED �. k ZONING DMINISTRATOR MA 6 2012 B�deyaed HOUSE 5i4eymd y R ` SEL 9 J WI SCI Bed. K Nearut Street Nearest Sheet k framege R � INDICATE LOCATION ,I WELL Bad SEWAGE SYSTEM end THEDISTANCEof EACH FROM HOUSE STREET iab,mogan SZ,l;.d by— Ma,k Noah Perot ****PLEASE SHOW DISTANCE FROM NEW STRUCTURE TO BOTH SIDES OF PROPERTY AND EITHER REAR OR FRONT PROPERTY LINE, WHICHEVER APPLIES*****