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02-7134 .. TOWN OF WAPPINGER ZONING BOARD OF APPEALS ~"'Cc;~ " o~ ~Ap'pl. c, /~(!!~ ", ::~-"~,~"':'II, S' ,,' ~~ L- 2' \\ "'-0,,\' ,~,'>:II c:. " ~I ~c\' , ' ,..\.;~ "~;/ t'/J ~~= C<l~.;::JiI ZONING BOARD OF APPEALS 20 MIDDlEBUSH ROAD WAPPINGERS FAllS, NY 12590-0324 (845) 297-1373 August 28, 2002 To: Gloria Morse Town Clerk From: Barbara Roberti, Secretary Town of Wappinger Zoning Board of Appeals Re: Carey, William & Michelle Appeal No. 02-7134 Application No. 20381 Attached you will find the original ApplicationlDecision & Order for William & Michelle Carey, 17 Park Hill Avenue, WlwflingerFalls;.NY; I would appreciate it if you would file these documents. Attachments cc: Mr. & Mrs. Carey Zoning Board Town File Town Attorney Building Inspector Zoning Administrator RECE\VED AUG 2 9 2002 TOWN CLERK SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COlSEY JOSEPH P. PAOlONI ROBERT L. VAlDATI i Nt. , AfYJfJJtJC)) 8 - 5r()2 AREA V ARIANCE(S) APPLICATION APPLICATION TO ZONING BOARD OF APPEALS TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK Appeal # 02 - 7/34- Date: ...~ d. ) do" a.. Fee: .00 TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: I (We) tJi J/,Q/N1 "!1,ckJe- Lh':it. ,of () (Name of Appell t(s) /1 rart.. 11/1/ 15 , flfS ~'877 -YD3'f~ /3S-b!Jf'l (Mailing Address) (Tel. Nos. Home ork) HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION/ACTION OF THE ZONING ADMINISTRATOR, DATED -:rv.-~ 3 ,:WOO- AND DO HEREBY APPLY FOR AN AREA V ARIANCE(S). Premises located at /1 furt H,'tt Dr (Address of Property) (Address) IC ~ I t.Jo (Z6ning District) A(~a~~' f<17 -103 </ (Phone Number) t:,3Sb -01 -1/9f3() (Grid Nos.) 1. RECORD OWNER OF PROPERTY 1M) J,Or>"\ ~ /1 firK... )1,'/( lJ r OWNER CONSENT: Dated: ~ignature: f!.lu.Li.,.I ~ Printed: /lhcl.c.k s: ibr, 2. V ARIANCE(S) REQUEST: VARIANCE NO.1 I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A VAAIANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONING ORDINANCE. SeoHOt1 .)</0 ~3 7 (Indicate Article, Section, Subsection and Paragraph) Town of Wappinger Zoning Board of Appeals Area Variance Application Appeal No. Page 2 REQUIRED: ~ ~rcI. ~ b~ ( dO ~. APPLICANT(S) CAN PROVIDE:. s,J; ~rJ s:.J. boJe. vt If.{ hd THUS REQUESTING: {,I TO ALLOW: t1 ~(1(Le,re.f\e.....h WOY>'\ a.cDcC\{,"O~' VARIANCE NO.2 I (WE) HEREBY APPLY TO THE ZONING BOARD OF APPEALS FOR A V ARIANCE(S) OF THE FOLLOWING REQUIREMENTS OF THE ZONING ORDINANCE. semo", :J~O --17 (Indicate Article, Section, Subsection and Paragraph) REQUIRED: <;4.'J..t ~(vwl ~ \:v..l.. 1; i 6 M. APPLICANT(S) CAN PROVIDE: ~ (f".J ~ 'q,-4 't \ ~ . THUS REQUESTING: ~' TO ALLOW: 0; ~ '" "t.tW- 4\J-.a..t. ,I f~ s{ru..<Jure.. 3. REASON FOR APPEAL (Please substantiate the request by answering the following questions in detail. Use extra sheet, ifnecessary): A. IF YOUR V ARIANCE(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. see. ~J-. ~ , Town of Wappinger Zoning Board of Appeals Area Variance Application Appeal No. Page 3 B. PLEASE EXPLAIN WHY YOU NEED THE V ARIANCE(S). IS THERE ANY WAY TO REACH THE SAME RESULT WITHOUT A V ARIANCE(S)? PLEASE BE SPECIFIC IN YOUR ANSWER. C. HOW BIG IS THE CHANGE FROM THE STANDARDS SET OUT IN THE ZONING LAW? IS THE REQUESTED AREA V ARIANCE(S) SUBSTANTIAL? IF NOT, PLEASE EXPLAIN, IN DETAIL, WHY IT IS NOT SUBSTANTIAL. D. IF YOUR V ARIANCE(S) IS (ARE) GRANTED, WILL THE PHYSICAL ENVIRONMENT AL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT BE IMPACTED? PLEASE EXPLAIN, IN DETAIL, WHY OR WHY NOT. E. HOW DID YOUR NEED FOR AN AREA V ARIANCE(S) COME ABOUT? IS YOUR DIFFICUL TY SELF -CREATED? PLEASE EXPLAIN YOUR ANSWER IN DETAIL. Reason for Appeal A. If your variance is 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. The character of the neighborhood and nearby properties will not change since the variance requested is for a screened room that will be built in the back of the house. The deck and screened room will only be seen from the backyards of the adjacent properties. The property line, which the screened room will be 14 feet from, is the rear property line of the backyard of the neighbors to the side of our backyard. Currently, this neighbor has a natural treed area between several open feet of property, not used by them, and the majority of their backyard. (That is, their backyard consists of lawn near their house followed by a natural treed area followed by a few feet of lawn abutting our property.) Hence, they will not be able to see the screened room during the summer when it gets its most use. B. Please explain why you need the variance. Is there any way to reach the same result without a variance? Please be specific in your answer. The screened room is to be built with access from the dining room. Since this placement will provide for optimal usage of the screened room. Since the dining room is on the rear corner of the house, the screened room needs to be placed there. Decreasing the size of the screened room would make it useless and due to the arrangement of windows on the back of the house, the screened porch can not be moved away from the corner of the house. C. How big is the change from the standards set out in the zoning law? Is the requested area variance substantial? If not, please explain, in detail, why it is not substantial. We are requesting a 6-foot variance, which is a 30% reduction on the current offset. We do not believe this is a substantial impact due to the layout of the current backyards. D. If your variance is granted, will the physical environmental conditions in the neighborhood or district be impacted? Please explain, in detail, why or why not. The physical environmental conditions in the neighborhood will not be impacted. Currently, the area to be decked is grassed. No vegetation will be removed. E. How did your need for an area variance come about? Is your difficulty self-created? Please explain your answer in detail. The need for an area variance came about because we would like to add a deck and screened room, which would extend the length of the house. In order for it to fit with the current placement of windows and rooms in the house, it needs to come to the comer of the house. However, due to the fact that the house was placed only 20 feet from the property line and since the property line angles back, we have no choice but to request a variance. ,\ Reason for Appeal - -rret t tlOU.SC '/ A. If your variance is 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. The character of the neighborhood and nearby properties will not change since the variance requested is for a children's "tree house" that is built in the back of the house. The children's ''tree house" is only partially seen from the backyards of the adjacent properties. The property line, which the children's "tree house" is near, is the rear property line of the backyard of the neighbors to the side of our backyard. This neighbor has a natural treed area between several open feet of property, not used by them, and the majority of their backyard. (That is, their backyard consists of lawn near their house followed by a natural treed area followed by a few feet of lawn abutting our property B. Please explain why you need the variance. Is there any way to reach the same result without a variance? Please be specific in your answer. The children's ''tree house" is an existing structure built for our children to play in. It is not a structure that would ever be replaced. C. How big is the change from the standards set out in the zoning law? Is the requested area variance substantial? If not, please explain, in detail, why it is not substantial. This structure exists and is currently about a foot off the property line. It would need an additional rl feet, however we do not believe this is a substantial impact due to the layout of the current backyards. D. If your variance is granted, will the physical environmental conditions in the neighborhood or district be impacted? Please explain, in detail, why or why not. The physical environmental conditions in the neighborhood will not be impacted. The structure has existed for 9 years without any known impact. Prior to the building of the structure, it was a grassed area and no trees were removed to build it. l4{ltf _ t/OU5 CC ;. E. How did your need for an area variance come about? Is your difficulty self-created? Please explain your answer in detail. The need for an area variance came about because the structure already exists and the need for a variance for this structure was pointed out to us during an inspection for a variance for a screened room. The "tree house" was built for our children and will not be replaced. It is not meant to be a permanent structure. Town of Wappinger Zoning Board of Appeals Area Variance Application Appeal No. Page 4 4. LIST OF ATTACHMENTS (Check applicable information) ( ..-i SURVEY DATED PREP ARED BY , LAST REVISED AND ( ) PLOT PLAN DATED ( ) PHOTOS ( ) DRAWINGS DATED . ( ~ETTER OF COMMUNICATION WHICH RESULTED IN APPLICATION TO THE ZBA. (e.g., recommendation from t~e P!J:1z~~,ng Bo.ar~ / Zoning Denial) LETTERFROM ~UL-~ DATED: '7-3-lJ"L. 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 INFORMATION GIVEN IS ACCURATE AS OF THE DATE OF APPLICATION SIGNATURE /J!<-<L{/ J~ I~~ (Appellant) DATED: 7/;1/0.;2 I I SIGNATURE DATED: 7/'l/o?--. / I . . Town of Wappinger Zoning Board of Appeals Area Variance Application. . I Appeal No. 02.. - ., /3 <-t Page 5 ...... ...... ... ............ ............... ............... ............... ............... ............... ...... ... ..... . ............ ... ...... ... ... ... ... ......... ............... ...... ......... ......... ...... ... ............ ... . ..... ... ... FOR OFFICE USE ONLY 1. THE REQUESTED V ARIANCE(S) ( ) WILL I (0WILL NOT PRODUCE AN UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD. ( ) YES I (qNO, SUBSTANTIAL DETRIMENT WILL BE CREATED TO NEARBY PROPERTIES. 2. THERE ( ) IS (ARE) I (0' IS (ARE) NO OTHER FEASIBLE METHODS A V AILABLE FOR YOU TO PURSUE TO ACHIEVE THE BENEFIT YOU SEEK OTHER THAN THE REQUESTED V ARIANCE(S). 3. THE REQUESTED AREA V ARIANCE(S) ( {IS (ARE) I (~(ARE) NOT SUBST ANTIAL. 4. THE PROPOSED V ARIANCE(S) ( ) WILL I (~ILL NOT HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT. 5. THE ALLEGED DIFFICULTY (~ I ( ) IS NOT SELF-CREATED. , . Town of Wappinger Zoning Board of Appeals Area Variance Application Appeal No. 02-7134 Page 6 CONCLUSION: THEREFORE, IT WAS DETERMINED THE REQUESTED VARIANCE BE (~GRANTED ( ) DENIED. CONDITIONS/STIPULATIONS: The following conditions and/or stipulations were adopted by resolution of the Board as part of the action stated above: Variance fI1 The Zoning Board of Appeals voted to grant a variance of 6 feet for a three season room. Variance 112 The Zoning Board of Appeals voted to grant a variance of 9 feet for a C"hilrlren'l'l pl.qyhol1l'le with t:he l'lt:ip111at:ion t:hat: it: not: be replaced at: any time in the future. (XX) FINDINGS & FACTS ATTACHED. DATED: August 28, 2002 ZONING BOARD OF APPEALS TOWN OF WAPPINGER, NEW YORK BY: ___{Chairman) PRINT: J I tft>w~J> TOWN OF WAPPINGER ZONING ADMINISTRATOR TATIANA LUKIANOFF 0(( V!.A.!>>P/, , ; ,..1..........0. .~. ..(~./.~ >....~;~~-~~"~.~..\.' I,I-'~j' 1\\,.~...\~~ .~) ...;.. "'4i1 . ~~/!J " C". ~~'. .'. / ~./,I ""71- ...... ...30.. F >,<;55 CO<u}/" SUPERVISOR JOSEPH RUGGIERO ZONING DEPARTMENT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-6257 FAX: (845) 297-4558 TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI Date: July 3, 2002 TO: Mr. and Mrs. William Carey 17 Park Hill Drive Hopewell Jet., New York 12533 Grid# 6356-01-119930 Dear Mr. and Mrs. Carey: Your application # 20381 for a permit to construct a 14' x 12' screened deck is hereby DENIED on the basis of Section: 240-37 of the Town of Wappinger Zoning Law, which stipulates: R-20/40 ZONNING DISTRICT has a side yard setback requirement of 20 feet and you provide a side yard setback of fourteen feet (14'). However, the part of your Building Permit application concerning the 14' x 25'4" open deck can be approved for setbacks. You have the right to appeal this decision to the Zoning Board of Appeals. The required forms can be obtained at this office. Yours truly, . . TOWN OF WAPPINGER BUILDING DEPARTMENT' APPLICATION FOR BUILDING 'PERMIT . . APPLICATION TYPE: c:( Residential ZONE: If eX 0 / t/ 0 o Commercial Application # o Multiple dwelling Permit #~~ . 1'1'7\1;). I '- '//1 7/ - /I .1 I J J/ IL/" X d.:J-'~" ~ ~- APPLICATION FOR: /7 A . 1 t. M)o~ (U.;CA\ -/ APPLICANT NAME: ttJd/ICl/r'i J fr1,delc (brelL ADDRESS /1 fbrf: Mil k- -H6'f"-wJP:LI- ~ 130:33 TELEPHONE NUMBER: ~ 7 - '-/034 TyPE OF STRUCTUR . 'DRvK. (- Screult'oI. Oller OWNER OF BUILDING/LAND: NAME: ADDRESS: TELEPHONE NUMBER: :p ~/ /y ! BUILDER/CONTRACTOR DOING WORK: COMPANY NAME: A-d ff- ~ ADDRESS fJ 0, f3ri 167'7 I 1I'f"//d J'J- NJ CONTACT PERSON, NAME, '/6() qj"ON FRONT YARD SETBACKS ,.;/ A- REAR I 37' SIDEYARD SIZE OF STRUCTURE: IV' X 17~ V II TYPE OF USE: ESTIMATED C'OST: 1/.) fo ,5~O GRID# tf:;Sa-(/- /19 c;c30 bJ/~~ 7 ~ sJ~~~ TELEPHONE # ~I - YJ."isy l;;).r3.j TITLE: 0 wner e} e.O^fX1(). I . I SIDEYARD Jo - It 'ii' Dec.jc. h 13)cJ{2 MlE/ BUILDING PERMIT # LOCA nON N S E W HOUSE NUMBER /7 LOT NUMBER OWNER OF LAND M'/ /Ia I'l <( /fJJc I.d( . INTERIOR OR CORNER LOT /rrffODr TOWN OF WAPPINGffi j)pt.# cJfJ.8f? I PLOT PLAN DATE (; !iI /0 ~ / / STREEYA VENUE , ., SIDE 1S- fa rd-- REC. VOL. 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