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03-7207 TOWN OF WAPPINGER ZONING BOARD OF APPEALS November 25,2003 To: Gloria Morse Town Clerk ~"""~~~ ~o .,,~,<..,,~ /~ , . . .. - ~'~. I. I.. .''', ':';"" (~\'~ .,' ~}:\il ....o~~l ~~~~a "~~S_s c9~ """---:-~- ZONING BOARD OF APPEALS 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-1373 BE. () \J . r' I r: 0 K TOWN \..J'.'I.:.'\ From: Barbara Roberti, Secretary Town of Wappinger Zoning Board of Appeals Re: Wagenhorst Decision Appeal No. 03-7207 Attached you will find the original ApplicationlDecision & Order for Raymond Wagenhorst, 81 All Angels Hill Road, Wappinger Falls, NY. I would appreciate it if you would file these documents. Attachments cc: Mr. & Mrs. Wagenhorst Zoning Board Town File Town Attorney Building Inspector Zoning Administrator 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 # ~3 - 7d.01 Dated: OC--?::2 ~ ;;2?J t? ~ " f TO THE ZONING BOARDt;lF APPEALS, .TOWN OF WAPPINGER, NEW YORK: I?II.Y'" .,#p r: . ..' / I@,3H/A',(/-Y K. ~tl-r##IJ..t.5 7" residing at Ell //// /JAlr;:as ~,// RtJ. , W,f,4jJi";~f~J F;//./.)/)" 125ft) -/J'I2.- , -9~ -.?iZ-9~tf? (phone), hereby appeal to the Zonin9 BO}lr~ o(Appeals from the decision/action of the Zoning Administrator, ,..,c;:} 1 rt0t ?/17 dated 1(,1 IJI LJ?;J , 2ooL, and do hereby apply for an area variance(s). d I -/ , Premises located at y/ "~_t,vtE1~ //;/1 ,f~ Tax Grid # G;l.fl - () ~ ~.j / !? ~ t!) Zoning District I? -~ " 1. Record O'J!(ner of Property 7:t~ 1/ 0tfCtn/"U;7 ~# /;;.1 fY .t '" b' - ,,"" ." Address FLI 1/1/ 1J~v-FLf_~/.'1f "..c ' ~ /"' Phone Numberg'.n-:M7 Cf.J~ ~07S W~~ Owner Consent: Dated: 10/;1"/-0 '1 Sign~ture: (/~ ~ ~ ~ Printed: ~ r .J.J._ ~_'..5 T 2. Variance(s) Request: Variance No.1 pI/? I(We) hereby apply to the Zoning Board of Appeals for a variance(s) of the following requirements of the Zoning Code. 62f() .31 ection, sub~e~ti n ana para9f)Ph) Required: Applicant(s) can provide: Thus requesting: To allow: TOW022.ZBA-AAV (4-03 Rev) I of4 . Town of Wappinger Zoning Board of Appeal>s Application for an Area Variance Appeal No. V~nce No. 2 I~ hereby apply to the Zoning Board of Appeals for a variance(s) of the following requirements of the Zoning Code. ([{"'-to -~"? Artir't=> CortiO[1 Subsection and Paragraph) Required: _ ___ Applicant(s) can provirlo~ _ Thus requestinn: 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?\se explain your answer in detail. 2!#"'-/ -- /r Iv' // c4l~.t~~~ F:; r- ,;;::"" tl-~ 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. fI~ 1/' /Ce-T: /tI'T? VALJ/lfP?, F 15 ~;#?,,// W/7h" A/ a ~ 'Pl/L)~,f 7,,"rt?? ~rc,v 0)/ //.9....4 /Y t7~r Pn//f/'C.....e TOW022.ZBA-AA V (4-03 Rev) 2 of 4 , Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No. V~nce No. 2 I~ hereby apply to the Zoning Board of Appeals for a variance(s) of the following requirements of the Zoning Code. (1"-" -.."! Artirll'> C""rtio~ Subsection and Paragraph) Required: _ Applica nt( s) ca n provirlQ: Thus requestinn: 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~se explain your answer in detail. /F' R5,f"/ --~r Iv' /1 C 1./ ",.e,lk:. ~ 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. fI,l II' H~/r:- r"l'? t/ALJ/1f~? F 15 C "P'l/' ~) ~ ,f 7,' I rr/!J ~.r C,v 0)/ /" /9,~ ~ ~ ;f /,.l h/ // h'" A/ &;J .# p,;4/' r I? h/ /f,l.C ~ TOW022.ZBA-AA V (4-03 Rev) 2 of 4 i. 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. tA ,h:r (I .5 4. List of attachments (Check applicable information) ( ) Survey Dated Prepared by ('1" Plot Plan Dated ( 1"'" Photos , Last Revised and /0.. (:).0,0 '3 () Drawings Dated . ( .{' Letter of Communication which resulted in application to the ZBA. (e.g., recom!!!!!2~~~g Board/Zoning Denial) Letter from / ~ Dated: Letter from Dated: I 0 'G<I-t) 3 () 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 infor ation given is accurate as of the date of application. SlGNATUR~:;P~~ 4(P; (Appe SIGNATURE DATED: IP'P);~ , IP/~/~~ . DATED: TOW022.zBA-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. 5. 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.ZBA-AA V (4-03 Rev) 4 of 4 Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No. 03-7207 FOR OFFICE USE ONLY 1. The requested variance(s) ( ) WILL / (X) 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 ( ) 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) / ex:) IS(ARE) NOT substantial. 4. 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. 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: ;:: ::A :~: ~:;p: :n gr~n~ ~ ~~ri~nrp nf 4 fppt fnr ~ ~id~ yard ~~tback to allow ___ __ P_~_~___ _n_n Tni~ E'vP~ tnp prnpprty ~t Rl All Angel~ Hill Road a Ride y~rn ~p~n~rk nf 71 fppt (x) Findings & Facts Attached. DATED: November 25, 2003 ZONING BOARD OF APPEALS TOWN OF WAPPINGER, NEW YO BY: TOW022.ZBA-AA V (4-03 Rev) 4 of 4 ~ ~ \\ ,,~ "'- ~ ) ~ ~ ,,-" \1 ~ ~ \\ "- \~ "- ~ \ ~ ~ \1 ~ TOWN OF WAPPINGER ZONING ADMINISTRATOR TATIANA LUKIANOFF . O~ V!~F>>p/>, ....~~/ ..~'t(..~ .,.; ..r,[''>', '. ". .;-...~',,~'.~...'~. ,(0. "~J~ '\~. ~~'...1~) \~ . I \ ,.. . ~> \'-:.r." -',. ~ II '''T~' ,..300./" >~SS CO~~\ 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: October 21, 2003 TO: Mr. and Mrs. Raymond Wagenhurst 81 All Angels Hill Road Wappingers Falls, NY 12590 Grid# 6258-02-511740 Dear Mr. and Mrs. Wagenhurst : Your application # 21871 for a permit to construct a 12' x 24' accessory structure is hereby DENIED on the basis of Section: 240-37 of the Town of Wappinger Zoning Law, which stipulates: R-40 ZONNING DISTRICT has side yard setback requirement of 25 feet and you provide a side yard setback of twenty-one feet (21'). 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. ~k~~~ Tatiana Lukianoff - Zoning Admin strator .' . TOWN OF WAPPINGER BUILDING DEPARTMENT APPLICATION FOR BUILDING -PERMIT No. 21871 APPLICATION TYPE: ~dential o Commercial ,,9 MUlti~e dwelling t ((sh,u9 / APPLICATION FOR: APPLICANT NAME: 12.4 ADDRESS: r "" TELEPHONE NUMBER: ZONE: ~ t.f () Application # ;2 (;J 7 / Permit # /c2 X;z.tj tUlf1'!'1J HtJ/lS-I- ) ,;(,17 / 1:; Q7YPE OF STRUCTURE: t{) lS.v 'I OWNER OF BUILDING/LAND: NAME: fA)jf-(; Y;AJ J-I,~S I-J ADDRESS: TELEPHONE NUMBER: '2,~ if'- f/ 0;0u/fJ Is ~ /U~~ - BUILDER/CONTRACTOR DOING WORK: COMPANY NAME: ADDRESS: CONTACT PERSON: NAME: / N ( ,(A_ TELEPHONE # TITLE: FRONT YARD SETBACKS REAR I / / +) STDEYARD SIZE OF STRUCTURE: l-/..:--l ~ 'i TYPE OF USE: ESTIMATED cqST: ,/II _~_ _I '1 it - ) GRID # I.t 25? - () 2 - $1/7 'I~ DATE RECEIVED: I ().- ZtJ - <1 :3> ESTIMATED VALUE: PERMIT FEE: $...3 ~ -- PAID FEE ON ID~ ,21)-4 ~HECK# ;2;LJ-Y RECEIPT# A ,21Y?7j i :L I SIDEYARD i/~~~&fJ;~ APPROVALS: ZONING ADMINISTI;~TOR: o Approved ~ Denied FIRE INSPECTOR o Approved 0 Denied DATE: Signature of Building Inspector White - Office Copy / Yellow - Assessor's Office Copy / Pink - Applicants Copy TOWN OF WAPPINGER 114 2- 1~7 I. PLOT PLAN ) / BUILDING PERMIT # DATE /1) h tl / 03 , , LOCAnON N S SIDE {fl A/I At/~w fj:jl ;fO STREEy/AVENUE E W HOUSE NUMBER LOT NUMBER REC. VOL. PAGE OWNE OF LAND WAGWHII~6T. ?,fY/l1~~P r (~I//Lltv ):. ~~J7rd / / .~ TERIOR OR CORNER LOT ZONE R.. - <-l 0 ----- 11'1 ~t TI#iJ 111 ' T Rear Yard ,+I PAC r#./;/pp ft. 1 ~2J' Sid yard " "I) <:) .- HOUSE r 5&/1 ~e. SideYard~ ft. . /1\ ,~ D,c>.,,"..!) I i.", ~ \j . '-- .. ZONING i\D!'/iiN!STRATOR I OCT 2 2003 0. " -8 .= 'flOI T Set Back It. fronta,. '" b ' 1 ft. Nearest Street ft. Nearelt Street IJ~~+ ft. , , , , , " / / " / / INDICATE tOCA TION of WELL and SEWAGE SYSTEM and THE DISTANCE of EACH FROM HOUSE A/I AA/6=FJ5 hi/:I! Ku ' STREET " I' / / I' , " " , " " 'nformation Supplied by Marie North Point . . ,I """'ECT 10 N"""ER PART 1 . PROJECT INFORMATION 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACnONS Only (To be completed by Applicant or Project Sponsor) 2. PROJECT NAME fbl e ~ SEQR County ._~ Intersections. Prominent landmarks ete - or provide map / flU- Jfu/2t;~ 5. IS PROPOSED ACTION: riI New D Expansion D Modificati~ I alteration 6. DESCRIBE PROJECT BRIEFLY: /dX~4- ~.~ p~~ 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? DYes @NO If no, describe briefly: ~~ 9. W T IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) . Residential 0 Industrial D Commercial DAgriculture D Park I Forest I Open Space D Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (F~Y State or Local) DYes ~ If yes, list agency name and permit I approval: 11.00ES ANY AsPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes [g'NO If yes, list agency name and permit I approval: 'r OF PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION? No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant I Sponsor Name Date: SI nature If the action Is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment