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03-7209 TOWN OF WAPPINGER ZONING BOARD OF APPEALS ~o"';. w....~..z.. "" " "/--" ~ '.r~~. ,.:-~",,,~~ /0' "'~\ !i~ .', . '1 !i.O\~'>:. c:.\~.,~ "', '.. ',,~ p~>-,~~ '\!s_s~c(}~~/. SUPERVISOR JOSEPH RUGGIERO ZONING BOARD OF APPEALS 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-1373 TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI December 10, 2003 To: Gloria Morse Town Clerk From: Barbara Roberti, Secretary Town of Wappinger Zoning Board of Appeals Re: Carter Decision Appeal No. 03-7209 Attached you will find the original Application/Decision & Order for Christopher & Debra Carter, 54 Mina Drive, Wappinger Falls, NY. I would appreciate it if you would file these documents. Attachments cc: Mr. & Mrs. Carter Zoning Board Town File T own Attorney Building Inspector Zoning Administrator RECEIVED TOWN CLERK --r \ "'" ..~ TOWN OF WAPPINGER P.O. Box 324 - 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 Zoning Board of Appeals Office: 845.297.1373 rv Fax: 845.297.4558 Zoning Enforcement Officer Office: 845.297.6257 www.townofwappinger.us Application for an Area Variance Appeal # o 3 - 7 :LeA Dated: llJd 0 I 0 :3 TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: I We), residing at I , ~- - ~ J.!J (phone), hereby appeal to t Zori' g Board of Appeals from the decision/action of the Zoning Administrator, dated Nov' 5 , ~OO2-, and do hereby apply for an area variance(s). Premises located at }j y H'I \\0.. t,,\~ Tax Grid # ~ 7 ~t ()Cca.5Q (') Zoning District ~ - :;) 1. Record Owner of Pro erty ~("t :::> Address 'f ' Phone Number -0/ Owner Consent: Dated: er d ~ebro Car kr- In I s Ni I;)..SCfrJ , Signature:~~ Pnnted: 1'~01 (}cy~ (./Ch~,~G'pher R, Cctrk/ nin Board of Appeals for a varian (s) of the following o. c:2.W,?::>/ 2. Variance(s) Request: Pc~f- 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. (Indicate Article, Section, Subsection and Paragraph) Required: 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?\se explain your answer in detail. ~~~t t:-cS~~~~6Dd cx: ncOJby B. Please explain why you need the variance(s). Is there any way to reach the same result ~~i~~~~~~~~:str~~~~ 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. l"~ r'~~~~~~J ~e..t d i ffiJ-GVl r f tUm the- '( ~ D. If your variance(s) is(are) granted, will the physical environmental conditions in the __S;i!ii~Wiii~\;!i;ir~~&1J~~ TOW022.lBA-AA V (4-03 Rev) 2 of 4 ~v. .'" .", 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. (Indicate Article, Section, Subsection and Paragraph) Required: 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. ~~W ~()ft t:-~~~ood or neDJ by B. Please explain why you need the variance(s). Is there any way to reach the same result ~f~;~~~~~~~:5t&~~~ 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. -m('~g~~~g:d- JdRI01~ pYUm ~L ~ D. If your variance(s) is(are) granted, will the physical environmental conditions in the w:~~iwJ~i(;~ii~;~]~~ TOW022.ZBA-AA V (4-03 Rev) 2 of 4 J 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. 4. List of attachments (Check applicable information) ( ) Su rvey Dated Prepared by I Last Revised and () Plot Plan Dated () Photos () Drawings Dated () Letter of Communication which resulted in application to the ZBA. (e.g., recommendation from t e Planning Board/Zoning Denial) Letter from Dated: Letter from Dated: ~ 1\ ... ~'"O ~ () Other (please list): 5. Signature and Verification Please be advised that no application can be deemed complete unless signed below. SIGNATURE formation given is accurate as of the date of application. DATED: SIGNATURE DATED: TOW022.ZBA-AA V (4-03 Rev) 3 of 4 1.. <.i> Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No. FOR OFFICE USE ON L Y 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. 03-7209 FOR OFFICE USE ONLY 1. The requested variance(s) ( ) 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 ( ) IS (ARE) / (x) 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) / (K) 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 kx) 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 voted to grant a five foot variance for a setback to allow the applicant to construct stairs to his existing deck. property at 54 Mina Drive requires a 20'side yard setback we are granting 15 foot side yard setback with conditions. side yard Where the them a The condition placed on this variance is that the applicant must plant four to five evergreen bushes, spaced two to four feet apart in the spring of 2004 to shield his neighbor. Upon completion the applicant is required to bring in photos to the Zoning Administrator. (X) Findings & Facts Attached. DATED: December 10, 2003 ZONING BOARD OF APPEALS TOWN OF WAPPINGER, NEW YORK a~ BY: (Chairman) ~k1eb .<<: PRINT: TOW022.zBA-AA v (4-03 Rev) 4 of 4 · 'I PROJECT ID NUMBER 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only (To be completed by Applicant or Project Sponsor) 2. PROJECT NAME SEQR PART 1 . PROJECT INFORMATION kr ? County Intersections, Prominent landmarks ete - or provide map y --, " o Modification I alteration '1>~id~Ek\~11 t11 s~--S 7.AMOUNT 0 LA D AFFECTED: Initially :e: eres Ultimately 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? DYes rfJ No If nO,describebriefly:'\1-L f>,fD', (c + LS S fee1- be vun cL L-dY1I~ rrStTlL hUVJJ ~IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [ ...., 0 ,......., 0"""'""""" cr......... 0 .."', F_' Open Spa.. D01her (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (F~ State or Local) DYes, If yes, list agency name and permit I approval: ECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? No If yes, list agency name and permit I approval: 1'Y LT 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 '" II If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment , .." TOWN OF WAPPINGER ZONING ADMINISTRATOR TATlANA LUKIANOFF 7/WAP'P~::;", .,.'~"~~..04W.~,/.:~.<~-.'1~C.'~'..~~. (~' '., '~\1 "0 \1 1.1'.1-1 . c. . . . I>~ I,I~". 'O\~.!~ ...~-'. '. / '" ,;' .....~...........~.~ >fss 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: November 5, 2003 TO: Mr. and Mrs. Christopher Carter 54 Mina Drive Wappingers Falls, New York 12590 Grid# 6257-01-062590 Dear Mr. and Mrs. Carter: Your second amendment to an existing Building Permit # 203-0273 to construct steps to a pool deck is hereby DENIED on the basis of Section: 240-37 of the Town of Wappinger Zoning Law, which stipulates: R-20 ZONNING DISTRICT has a side yard setback requirement of 20 feet and you provide a side yard setback of fifteen feet (15'). 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. You...rs. truly, vUo'''''''---.) Jr ( , I // ',j/Jvt ~. Susan Dao - Deputy Zoning Administrator .. .' ~. . (~ ~, ~ TOWN OF WAPPINGER ~~c-~~ PLOT PLAN BUILDING PERMIT # 0.3 - ;213 DATE /0-,3 0 ~ 03 LOCA nON N S SIDE E W HOUSE NUMBER -;f 5 t LOT NUMBER OWNER OF LAND INTERIOR OR CORNER LOT STREEYA VENUE REC. VOL. PAGE ZONE l-Lf~ ~ ~ ~/!o~ T - - - -- IS; uQ Rear Yard ft. 1 Sideyard HOUSE ft. . . 0. C1 T C1 "'0 .= Set Back ft. Neare.t Street 1 ft. ft. frontage Sideyard ft. . -t ~~ D:i-i!E.D If-!C; ;.UMINtSTRATOR ft. " ,. / " ,. , , , " , , INDICATE LOCATION of WELL and SEW AGE SYSTEM and THE DISTANCE of EACH FROM HOUSE 1/'111 jA!, STREET ~:~I:o~y X bJxoa~ , " , , ,- / " ,- , ,- " Marie North Point