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14-7534 TOWN OF WAPPINGER Zoning Ad.inlstrator Rarhaa Ruhcrt, �- 1 •'� SECRETARY TO ZONING BOARD f ' TOH N SL PERI UOR Barb:uv G talar Sue Rose ZONING BOARD OF APPEALSTOWN BO{RD 1 Haward J. Prager Cnalrrnen \ \�illlam If Bceic AI Casella Vincrnt II'rm' Peter Galotti Boo Johnsmn ZONING BOARD OF APPEALS \1l.haul Wnll¢ Briae Rexhouse 20 MIDDLF_RI-SH ROAD VArAPPI%(!FRS F9LLS_NV 12 1h, Phony 819-291-6156 X122 Fes Ii45297 05-Q 6AI'ail. er -<ilonnof,uDnlneenu August 27, 2014 001 To: Joseph Paoloni Town Clerk From: Sue Rose, Secretary Town of Wappinger Zoning Board of Appeals Re: Donald Brooke Appeal No. 14-7534 Attached you will find the original Application/Decision & Order for Donald Brooke, 64 Marlorville Road. Tax Grid No. 6057-02-977884. I would appreciate it if you would file these documents. Attachments cc: Donald Brooke Town File 1�2rN2��/72D Building File WW LLSS�`��ii11S5 VV LLS Jim Horan AUG 2 7 2014 TOWN u.- S4'APPINGER TOWN CLERK TOWN OF WAPPINGER P.O. BOX 324 - 20 MIDDLEBUSH ROAD WAPPiNGERS FALLS, NY 1 2590 Zoning Board of Appeals Office: 6Fax: 5 45.2"7.C558 Zoning Enforcement Officer Office: 6 � ORIGIn 41www.townofwappinger.us Application for an Area Variance I1, I Appeal # / I 7�3'/ Dated: TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: I(W'e), �^' A � l> eKe residingat ZAP A/ZZ a/z lJ/G[. e / /,� WAfDiN6Ck1KAt�S i22j eg (Phone), hereby appeal to the Zo Ing Board of Appeals from the cecnsvon/action of the Zoning Administrator, dated , / —, 200 and=nd do hereby apply for an area variance(s). Premiszs located at 6 Z `mA Tax Grid k (' 0' 7 " .P6 Zoning Dist!at K YO 1. Reco rd0 ner of Pro perty !/bx(/ 14Zn A`� Address L A Phone Numbe ' -2��1 Owner Conszn : ated: Signaturz: Printed: . - i? 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. C2 - 37 (Indicate Article, Section, Subsection and Paragraph) Required: Applicant(s) can provide: Thus requesting: , � n To allow. IpG M n /Pl- t (,'� ( GIOON_ 1 Ugf lzimY J (� IMQ2p .ZR4AAV I441, Rogt ora Town of viappinger Zoning Board 0' Appeals Application for an Area variance Appeal No. /V-2:5 i E. How did your need for an area variance(s) come about? Is your difficulty self-created? ?lease explain your answer in detail. —A� F. Is your property unique in the neighborhood that is needs this type of variance? Please explain your answer in detail. e- / /I/2 en o/?'t .0 �za. Of l� f ovTHaU C IS P L'4 N � y l P!n r/LT� 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 Denial) Letter from 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 hereby states that all infformationn/given is accurate as of the date of application. SIGNATURE 7 `�+ A�� /"- �' ` DATED: 2 r r (Appellant) SIGNATUREQ /--�� DATED: 2 / r (If mo an one Appellant) TOW 022/BA-AAA'(4-01 Rev)3 oro r FOR OFFICE USE ONLY 1. THE REQUESTED VARIANCE(S) (g)WILL / ( )WILL NOT PRODUCE AN UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD. 2. ( 7t) YES / ( )NO,SUBSTANTIAL DETRIMENT WILL BE CREATED TO NEARBY PROPERTIES. 3. THERE(71)15(ARE) / ( )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) (X)IS (ARE) / ( )IS(ARE)NOT SUBSTANTIAL. 5. THE PROPOSED VARIANCE(S) (X)WILL/ ( )WILL NOT HAVE AN ADVERSE EFFECT OR FIQPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT. 6. THE ALLEGED DIFFICULTY( )0 IS / ( )IS NOT SELF-CREATED. CONCLUSION: THEREFORE, IT WAS DETERMINED THE REQUESTED VARIANCE IS ( ) GRANTED ( X) 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 deny this variance. Where no more than two accessory buildings shall be permitted in any 1—Family Residence District, the applicant has 3 accessory structures. The outhouse must be removed. ( ) FINDINGS & FACTS ATTACHED. DATED: August 26, 2014 ZONING BOARD OF APPEALS TOWN OF WAPPINGER,NEW YORK BY: ISI _ (Chairman PRINT: Howard Prager 617.10 Appendix B Short Environmental Assessment Form Instructions for Comulefine Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become par,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 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; nach additional pages as necessary to supplement any item. Part I -Project and Sponsor Information Tame of.Actien or Project Project Location(describe,and attach a k9ation map): 6d ?7� AA _J20 [i);i�� Rd Bncf Description of Proposed Action: Z /VT Name of Applicant or Sponsorp:., Telephone: bN iQ/ h &Mail: Addre� f � L h4 ' n 7_ vA 142 4 CiryYO. State, Zip Code: 1Nkp i� cP�� . � N y /zs 9 b Does the proposed acuon only involve rhe legislatf c adoption of a plan.local law,ordinance, NO YES adnunistr five mle,orrencaion? If Yes,anach a narrative description office intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action mgmre a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval /I i ❑ 3.a.Total acreage ofthe 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 ❑Rmal(non-ogricuhure) []Industrial ❑Commercial Residential(suburban) []Forest ❑Agroulmre ❑Aquatic ❑Other(sj of ): ❑Parkland Page I of 4 11 r 5. is the proposed action, \"O YES N/A a.A permitted use under the zoning regulations? ❑ tS-0 ❑ b.Consistent with the adopted comprehensive plan' ❑6. Is theproposed action comistentwith the prdominantcharacter ofthe existing built or natural YES landscape? ❑ ❑ 7. Is the site of[he proposed action located in,or does i[adjoin,a stare listed Critical Environmental Areas NO YES If Yes, identify: [:]S. a. Will the proposed action result in a substantial increase in naffre above present levels? NO I to Are public transportation service(s)available at or near the site of the proposed action? ❑ c.Are any pedestrian accommodations or bicycle rot ,a 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: El 7 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 �'q' ❑ L /Lpl 12. a. Does the sate contain a structure that rs listed on either the State or National Register of Histone NO YES Places? ❑ b.Is the proposed action Located in an archeological sensitive area? l i.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO 1'ES wetlands or other waterbedles 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... aterbody and extent of alterations in square feet or acres: I ❑ 14. Idemify the typical habits[types that occur on,or are likely to be found on the project site. Check all that apply. E3 Shoreline ❑ ores[ ❑Agriculnrral/grasslands El Early mid-successional ❑ Wetland rban E]Suburban 15. Does the site of[he proposed action contain any species chummed,or associated habitats,lister{ 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 1 Z 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 ❑YES to adjacent properties? ?I and b. Will storm water discharges be direetad to established conveyance systems and storm drains)? If Yes,bricky describe: NO []YE Page 2 of 4 t 18. Does the proposed action include construction or other activities that result in the impoundment of NO 1 YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: T ❑ 19.Has the site fthe proposed action or an adjoining property been the location ofan 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(ongoing azor NO I, YES completed)for hardous waste? If Yes,describe- I AFFIIt�[THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCLRATE TO THE BEST OF NfY KNOWLEDGE I Applicant'sam ami: �' 2. & � Date: 7111, LSignamre: LLLL t Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the followin_e questions in Part 2 using the information contained in Pan 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,m bfodcrate small to large impact impact may maN ' occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning F-1regulations? 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 commuaily? ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the ❑� establishment of Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or r ❑ affect existing infrastmemre for..as 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 ceramic ties. 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 histone,archaeological. architectural or aesthetic resources? 9 Wflt the dpieropus' d action result in an adverse change to natural resources(e.g.,w-intends, 11waterbos,groundwater,air quality,flora and fauna)? TA L Page 3 of 4 No,or 3foderate sma mll to large Impact impact ay may occur occur f 0. Will the proposed action result in an increase in the potential for erosioq floodins or dra;nage 1�T ❑ problems? 11 Will the proposed action create a hazard to environmental resources or human health? FN n 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 environmenml impact,please complete Pan 3, Part 3 should, in sof{cient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Patz 3 should also explain how the lead agency determined that the impact may or will not be significant Each potential impact sheId be assessed considering its sorting,probability of oueuaing, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. Check this box if you have determined,based on the information and analysis above,and anysupporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an t environmental impact statement is requited. 17� Check this box if you have determined,based on the information and anelvsis above,and cry supporting documentation, that the proposed action will not result in any siggaificant 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 ofPreparer(if different from Responsible Officer) PRINT Pace 4 of 4 Town of Wappinger 20 Middlebush Rd. Wappingers Falls, NY 12590 (845) 297-6256 To: Brooke, Donald E SBL: 6057-02-977884 Brooke, Shirley 0 Date of This Notice:5/20/2014 62 Marlorville Rd Zone: R40/80 Application #: 32834 For Property Located at: 62 Marlorville Rd Your application to: SHED 7' X 8' and 4' x 4' OUTHOUSE 71 denied ciency under Section 2 e Zoning Laws of the Town o Wap ' ger 240 Notwithstanding the minimum side and rear yard setbacks set forth in this schedule, the minimum side and rear yard setbacks shall be six feet for all acce sory buildings as defined in this chapter less than 100 square feet in arear o ore than two accessory buildings shall be permitted in any 1-Family Residence District "Accessory Structures must comply with all minimum yard setback requirements for buildings, but in no cas hall they be permitted in the front yard." o Doe T MEET dimensional requirement for Zone. o"This zoning district a 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 Y N PROVIDE: REAR YARD: ft. I ft. SIDE YARD (LEFT): ft. YIN SIDE YARD (RIGHT): ft. ft FRONT YARD: 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 ttrlru , B rbara 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:., DATE: )16-11-l' O New Construction 0 Commercial APPL#:,3a� PER7IIT/## �} O Renovation/Alteration O Multiple Dwelling -� GRID: 0,,) Z7- 777d`7'p APPLICANT/NAME: /2 77�� l/ 6A--"— ADDRESS: /.� / 1'4A'l e, b"Z TEL#: !�, - 5 3 /CLL: FAX#: (� E-MAIL: NAME OWNER OF BUILDING/LAND: �� 4L /� ! / *PROJECT SITE ADDRESS': MAILING ADDRESS. �7a ,h1 TEL#: � 7- i 7 I/CELL: FAX#: E-MAIL: BUILDER/CONTRACT OR DOING WORK: COMPANY NAME: .ADDRESS TEL#: CELL: FAX#: E-NIAIL DESIGN PROFESSIONAL NANIE: TEL#: CELL n FAX#: E-MAIL APPLICATION FOR: I SETBACKS: FRONT: REAR: L� L-SIDEYARD: R-SIDEYARD: SIZE OF STRUCTURE: ESTLMATED COST: TYPE OF JJSE: NON-REFUNDABLE APPL. EE: �� /�' PAID ON:I" CHECK# /0!4 RECEIPT#: /T -.S/.J.) BALANCE DUE:iZSC>PAID ON: CHECK# RECEIPT#: APPROVALS: ZONING ADMINISTRATOR: FIRE INSPECTOR: H Approved O Denied Date: /��. '/y" O Apoved O Denied Date: C SignatureI of Applicant Si na of wilding inepe for CODE ENFORCEMENT . - SUPERVISOR Susan Dao X126 Barbara Gabler Sal Morbic, III%142. FIRE INSPECTOR TOWN COUNCIL Mark Liebermann X127 William Beale Vincent Bettina ZONING ADMINISTRATOR BUILDING DEPARTMENT may Michael Kuzmicz Barbara Roberti X128 20 MIDDLE ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-6256 FAX: (845)297-0579 OWNER CONSENT FORM TO BE FILED WHEN THE APPLICANT IS NOT THE BUH.DING SITE OR PROPERTY 0"-NER BUILDING PERMIT# APPLICATION# SITE LOCATION: GRID: # Name of APPLICANT: (Person PHYSICALLY coming into apply) (IE other than the Owner) 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 Administrator. FALL URE TO COMP YMAY4YESULT!N COURT PROCEEDINGS. /J b��L n � � 'e- , owner of the land/Site/building hereby give my permission for the Town of Wappinger to approve or deny the above application in accordance with!3lIcal and state codes and ordinances. Date Ow er's Signature OILJ b b Own' ephone Number P '' Name 92+t119fi2LZr Print Owner's Address FOR OFFICE USE ONLY Code Enforcement Official: --- TOWN OF WAPPINGER � . PLOT PLAN ._<De.e .-Aae TT=Do--Ell,, s 'ASPJ 5'SFCIL ry:Th:FaACfS SJILD114G PERMR ¢ DATE ' LOCATION N 5 E W SIDE— STREEJAAVENUE HOUSE NUMBER R LOT ILU R RE J'U T—PAGE- OWNER OF LAND �ZI INTERIOR OR CORNER LOT- ZONE ZON_ - r i 75' - - - -- eRear Yard 4 OUSE Side,�LR a�X. n ; ^ffaz> r _Ck�G.�j7_ i IL I Se,B,ek ----ft INeara�t Strcai meat SGeet��k k.&omega yy r INDICATE LOCATION of WELL and SE--WAGE SYSTEM JJ z,-.d THEDISTANCEof EACH FROM HOUSE — STREET e Mark Noah Polnt 5evcbeeby ` l *,**PLEASE SHOW DISTANCE FROM NEW STRUCTURE TO BOTH SIDES OF PROPERTY AND EITHER REAR OR FRONT PROPERTY LINE, WEICHEVER APPLIES*****