03-7201
,
TOWN OF WAPPINGER
ZONING BOARD OF APPEALS
October 16, 2003
To: Gloria Morse
Town Clerk
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ZONING BOARD OF APPEALS
20 MIDDLE BUSH ROAD
WAPPINGERS FALLS, NY 12590-0324
(845) 297-1373
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Harrison Decision
Appeal No. 03-7201
Attached you will find the original Application/Decision & Order
for Alice & Daniel Harrison, 4 Erie Lane, Wappinger Falls, NY.
I would appreciate it if you would file these documents.
Attachments
cc: Mr. & Mrs. Harrison
Zoning Board
Town File
Town Attorney
Building Inspector
Zoning Administrator
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SUPERVISOR
JOSEPH RUGGIERO
TOWN COUNCIL
VINCENT BETTINA
CHRISTOPHER J. COLSEY
JOSEPH P. PAOLONI
ROBERT L. VALDATI
'"'
TOWN OF WAPPINGER
P.O. Box 324 - 20 MIDDLEBUSH ROAD
W APPINGERS FALLS, NY 1 2590
Zoning Board of Appeals
Office: 845.297.1373'" Fax: 845.297.4558
Zoning Enforcement Officer
Office: 845.297.6257
www.townofwappinger.us
Application for an Area Variance
Appeal # 0 6 - ry, 2-D I
Dated: q ./1. 200~
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.
IO',cJD'Shed .:2'-/D-37
(Indicate Article, Section, Subsection and Paraaraph)
Required: R8U2.. ytJRrl.<€dIxtd:..of.fen FeeTl ... . u_
Applicant(s) can provide..:.. ..:r' ~ t.f~(. -;-..
Thus requesting: _ 5 I ~ 7?J- ~
To allow: ~ e. ~. t ~CAc. R-eD I
TOW022.ZBA-AAV (4-03 Rev)] of4
,.
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No.
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.
D) 4-0, '?\ I
(Indicate Article, Section( Subsection an" Paragraph)
Required: I #\
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? P1e?lse explain your answer in detail.
.:r: \).JIll \.JOT I+F~;::'';c C.ha.rac.+er o-r +he. Qe'<shborhad
(), C'J'ltl n0J::- 0 0_ _ (___:...t J ~'- ~ t--J ell (" b q .
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 your answer.
f~~t~4~~1tl/o:Ij;/!!;f!Di~, ~ J-~';B4hZ~
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.
-rile chang~ i& S F()or reoN R.t::11/L ,~t::1 MC/C- / Foor FRot1
<'J /.) t:- ~~::;-,- 84t'I I AJD n I:::-~S c r-r F/lLL u /7 D f/L Tl-fE
OIl) 5'~'-r I.3A-1'k eCqU U+'i 10 AJS .
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.
~~~~d~tea&1'\~~;dt~;i~o~U-
TOW022.ZBA-AA V (4-03 Rev) 2 of 4
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No.
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.
614-0. ':\ I
(Indicate Article, Section, Subsection ami Paragraph)
Required: I t?\
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? Ple?lse explain your answer in detail.
.r.. Will I-')OT I+~ ~~~{httrac..+er ~ +he.. f1t"Shbo..-had
o r ('J'It1-r\(!J~ 0 0_ _( ___"-I -A \' ~I ea ("" bq .
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 your answer.
ffiJ~t:f1~'$:O{{~!g&i~/;fe,lfvtgJ ~~~~
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.
The change.. i,,<.. S rtPor reoN R-eJ:1/L r~6'T ~ / Poor FR.ot.1
<',f)t;- ~e:-r 8~"r I }J() At;-t!.HtLSe; r:r 'F~LL ul7DfIZ.. TUE
Ol/) 5 e 'r (3.14-1'~ e c (.] U U+'I 10 J...1S . .
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.
~~~'FJ! i~~Y~:Sit;~!~~EfU-
TOW022.lBA-AA V (4-03 Rev) 2 of 4
..
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No.
E. How did your need for an area variance(s) come about? Is your difficulty self-created? Please
explain your answer in detail.
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f1t~~~~o~ . d" j . } h~ Sp/i ~ ~ and
4. List of attachments (Check applicable information)
( ) Survey Dated
Prepared by
(v{ Plot Plan Dated q ~ 10 . 0 ~
() Photos
I Last Revised
and
() Drawings Dated
,/
('1 Letter of Communication which resulted in application to the ZBA.
(e.g., recommfjndation from ,(he ':Ianning Board/Zoning Denial)
Letter from ~ ~ Dated:
Letter from // Dated:
vkpt/5.0 S
() 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 0 J 1ff '
/(Appellant)
SIGNATURE G.9.it {}~ JJ ~
(If more than one Appellant)
DATED: 3J 17/03
DATED: a. \ \1 \ D~
TOW022.2BA-AA V (4-03 Rev) 3 of 4
~
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance '
Appeal No.
FOR OFFICE USE ONLY
1. The requested variance(s) ( ) WILL / ( ) WILL NOT produce an undesirable change in the
character of the neighborhood.
( ) YES / ( ) NO, Substantial detriment will be created to nearby properties.
2. There ( ) IS(ARE) / ( ) IS(ARE) NO other feasible methods available for you to pursue to
achieve the benefit you seek other than the requested variance(s).
3. The requested area variance(s) ( ) IS(ARE) / ( ) IS(ARE) NOT substantial.
4. The proposed variance(s) ( ) WILL / ( ) WILL NOT have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district.
S. The alleged difficulty ( ) IS / ( ) IS NOT self-created.
6. The property ( ) IS / ( ) IS NOT unique to the neighborhood.
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:
( ) Findings & Facts Attached.
DATED:
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY:
(Chairman)
PRINT:
TOW022.lBA-AA V (4-03 Rev) 4 of 4
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No. 03-7201
FOR OFFICE USE ONLY
1. The requested variance(s) OCX) WILL / ( ) WILL NOT produce an undesirable change in the
character of the neighborhood.
( ) YES / ( X) NO, Substantial detriment will be created to nearby properties.
2. There (X) IS(ARE) / ( ) IS(ARE) NO other feasible methods available for you to pursue to
achieve the benefit you seek other than the requested variance(s).
(1) (2)
3. The requested area variance(s) (X) IS(ARE) / (x) IS(ARE) NOT substantial.
4. The proposed variance(s) ( ) WILL /~ WILL NOT have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty (X) IS / ( ) IS NOT self-created.
6. The property ( ) IS / (X) IS NOT unique to the neighborhood.
Conclusion: Therefore, it was determined the requested variance
Be (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 Zoning Board of Appeals has granted the two variances needed for the placement
of a 10 X 20 shed. This will allow a 5 foot rear yard setback and a 1 foot side yard
setback.
QOJ Findings & Facts Attached.
DATED: October 16, 2003
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, ~EW)9J
BY: :t-~~
() (Ch~i'l"an) !~
PRINT: :JI ffvt4ht1tJ; I/~f_tZ...
TOW022.ZBA-AA V (4-03 Rev) 4 of 4
,.
TOWN OF WAPPINGER
ZONING ADMINISTRATOR
TATIANA LUKIANOFF
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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: September 15, 2003
TO: Mr. and Mrs. Daniel J. and Alice P. Ha'rrison
4 Erie Lane
Wappingers Falls, NY 12590
Grid# 6157-03-442467
Dear: Mr. and Mrs. Daniel J. and Alice P. Harrison,
Your application # 21730 for a permit to construct a shed 10' x 20' is
hereby DENIED on the basis of Section: 240-37 of the Town of Wappinger
Zoning Law, which stipulates:
R-l0 ZONING DISTRICT has a rear yard setback requirement of ten
feet (10') and a side yard setback requirement of six feet (6'). You
provide a rear yard setback of five feet (5') and a side yard setback
and of five feet (5').
You have the right to appeal this decision to the Zoning Board of Appeals
within 60 days of the date of this letter.
The required forms can be obtained at this office.
S san Dao - Deputy Zoning Administrator
, TOWN OF WAPPINGER
tf~ ;2/7 3d PLOT PLAN
BUILDING PERMIT # , DATE 9 - / ()- ~ (10 .b
LOCAnON N S
SIDE STREET /A VENUE
E W yr
HOUSE NUMBER j/: Lj LOT NUMBER REC. VOL. PAGE
O~F LAND IhlJ1~ ) .f)/h...L" -t.. 'f t21Le JJ:
I~ CORNER LOT ZONE fl. -I 0
- - - --
s,:r
T
Rear Yard
ft.
1
Sideyard HOUSE Sideyard
ft. ft.
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Co
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Set Back
ft.
Nearelt Street 1 Nearest Street
ft. ft. front ale ft.
INDICATE LOCATION of WELL and SEWAGE SYSTEM
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and THE DISTANCE of EACH FROM HOUSE
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Information
Supplied by
STREET
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Marie North Po'nt
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TOVl[N OF WAPPINGER BUILDING DEPARTMENT
APPLICATION FOR BUILDING 'PERMIT
No. 21730
APPLICATION TYPE~idential
o Commercial
o Multiple dwelling
ZONE 12~o
Application # r2./7 3 0
Permit #
APPLICATION FOR:
APPLICANT N~ME:
ADDRESS:
TELEPHONE NUMBER: ~ if 7 -
OWNER OF BUIL9ING/LAND: A /J /1
NAME: /-L1-J2/Z/SuAJ U~Le, f- (,U'u~-
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ADDRESS:
TELEPHONE NUMBER: ~
COMPANY NAME:
ADDRESS:
CONTACT PERSON:
..-' I L ..; f
FRONT YARD SETBACKS REAR .:J SIDEYARD b SIDEYARD
SIZE OF STRUCTURE: ;;(.il/2 ~~ TYPE OF USE: ,.o-bi.JlAj" , /J'/;.,)..-->
ESTIMATED COST: /b :< J 7 _~.::J_ -
GRID # & I 57 -03 -'1t!:< L/u 7
DATE RECEIVED: 1- It) - OL ~
ESTIMATED VAL~UE' ~_
PERMIT FEE: '".:::)... -
PAID FEE ON - ~ ) -0':, GIICCI( # (!4S/-1
RECEIPT # ,4 .;;7/7 3 ()
DATE: 9~~
FIRE INSPECTOR
o Approved 0 Denied DATE:
Signature of Building Inspector
White - Office Copy / Yellow - Assessor's Office Copy / Pink - Applicants Copy
"
;
PR9JECT 10 NUMBER
617.20
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
(To be completed by A pllcant or Project Sponsor)
2. PROJECT NAME
SEQR
PART 1 . PROJECT INFORMATION
1. APPLICANT I SPONSOR
3.PROJECT LOCATION:
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M~rfiClpaTrt:r
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fNt1fJfJIP~ ~"U-S
tv. ~ /,)..rq 0
County
4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks ete -or provide map
~~~
5. IS PROPOSED ACTION: ~ New 0 Expansion D ModificaIiOl1/ alteration
6. DESCRIBE PROJECT BRIEFLY:
)...oobNJ Te1::vsll1-l/ New fur/l/J Sfl6tJ
7. AMOUNT OF LAND AFFECTED:
Initially" acres Ultimately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
DYes !Xl No If no, describe briefly:
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as manyasapply.)
Itl Residential 0 Industrial 0 Commercial DAQriculture 0 Park / Forest / Open Space
DOther (describe)
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (Federal, State or Local)
~Yes ONo If yes, list agency name and permit / approval:
11. DOES ~ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
DYes IAINO If yes, list agency name and permit / approval:
ULT OF PROPOSED ACTION WILL EXISTING PERMIT / APPROVAL REQUIRE MODIFICATION?
No
PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Date:
SI
If the action is a Costal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
,
,
PART II. IMPACT ASSESSMENT (To be comDleted by Lead Agency)
A. DOES ACTION EXCEED At-N TYPE I THRESHOLD IN 6 NYCRR, PART 617.41 If yes, coordinate the review process and use the FULL EAF.
o Yes 0 No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 t-NCRR, PART 617.61 If No, a negative
declaration may be superseded by another involved agency.
o Yes 0 No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quaUty, surface Of groundwater quality or quantity, noise levels, existing traffic pattem, solid waste production Of disposal,
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02. rotio. """"""'. _""" _. ............. .."'.... """""'" ",,,,,,,,,,,,,,1Iy '" - "'''''''''''' _" brieIIy.j
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, Of threatened or endangered species? Explain briefly:
L .. ..... ... ...... .... . .... '. uu. _ ...... ....-.. _ _I
04. i ~"~. -~ p.~.. - u -~ .00...."."-"" - ~ <uMlly M~ M_ "~'"..~ ~~, E..-m _ I
05. r,--'_"~__'kMyWbe>m_",..~-'-"- .._ .1
C8 r-'-.Pe''''-~'''=--~_''.C1~'__~ .. . .... ... ... I
C7. Other Impacts (inclUding chanaes in use of either QUantity or type of energy? Explain briefly:
I ~__q. '_ I
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENWROW~~AREAIC~)? ~~ ~.~
o Veo D>b Lm:..'. ....u
E. [j;:; 00 ;:::ERE UKELV TO BE. CONTROVERSY RElATED TO POTENTlAL ADVERSE ENWRONM~~ ".'ACTS? ">eo "!I!""
I .. . .. .. ., I
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: Foreach adverse effect identified above. determine whether it is substantial, large, important or otherwise significant. Each
effect Should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) Irreversibility; (e)
geographic scope; and (t) magnitude. If necessary, add attachments or raference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identifled and adequately addressed. If question d of part ii was checked
yes, the determination of significance must evaluate the potential impact ofthe proposed action on the environmental characteristics of the CEA.
Check this box if you have identified one or more potentially large or significant adverse Impacts which MAY occur. Then proceed directly to the FUU
EAF and/or prepare a positive declaration.
Check this box if you have determined. based on the information and analysis above and any supporting dOcumentation. that the proposed actior
WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary. the reasons supporting thll
determination.
Name of Lead Agency
Date
Pnnt Of Type Name of Responsible OfIicer In Lead Agency
TItle of Responsible Officer
Signature of Responsible OfIIcer In Lead Agency
Signature of Preparer (If different from responsible officer)