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04-7216 ~ \ ' TOWN OF WAPPINGER ZONING BOARD OF APPEALS SUPERVISOR JOSEPH RUGGIERO ZONING BOARD OF APPEALS 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-1373 TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI April 14,2004 RECEIVED APR 2 2 2004 TOWN CLERK To: Gloria Morse Town Clerk From: Barbara Roberti, Secretary Town of Wappinger Zoning Board of Appeals Re: Michael Agunzo Appeal No. 04-7216 Attached you will find the original ApplicationlDecision & Order for Michael Agunzo, 71 Osborne Hill Road, Wappinger Falls, NY. I would appreciate it if you would file these documents. Attachments cc: Mr. Agunzo Zoning Board Town File T own Attorney Building Inspector Zoning Administrator TOWN OF WAPPINGER P.O. Box 324 - 20 MIDDLEBUSH ROAD W APPINGERS FALLS, NY 1 2590 Zoning Board of Appeals Office: 845.297.1373 N Fax: 845.297.4558 Zoning Enforcement Officer fIN;;~~1tillr""" Application for an Area Variance Appeal # 64 ~ IJ~Jb Dated: /J1 tU t2L I q / :zO{) + TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: I(We), -.Mi C...l...VtP7 _,~,,::,(j~ residin~.at 71 ()sJX>~".}B Ulil !20 6 ,~ -B%-573~ (phone), hereby appeal ning Board of A peals from the decision/action of the Zoning Administrator, dated , 200_, and do hereby apply for an area variance(s). Premises located.at 7' OSBnPJ...}~ UlLc... Kb Tax Grid # (IlLt:::;~,():J.. - (p~()~17 Zoning District R.. .. z. c) 1. ~~~~::. o~~er of Property J~,T:j,~ /vt.11'-t-lAa Phone Number~~ Owner Consent: Dated: Signature: Printed: 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. ~oV D2-4-0 --3l_ (Indicate Article, se,c, tiOf'lL,st:l1on~r..aflh) '" Required: '15' ~.~ ~ C$^- Applicant(s) can ;Vide: ~t . ~ ~ Thus requesting: . . ~- c.e.. - ~fV'!l::;i;~!:f{, . ~ To allow: 0 J 6cl=O (L nt M TOW022.lBA-AA V (4-03 Rev) 1 of 4 (:0. .. . 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. I · (Indicate Ai, Section, u ion a Paragraph) -, Wit~ ' 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? Please explain your answer in detail. ~ A Pe.tof- VA1l.iANcEM<Gl.I~ 12-' ~ 31' ~QI-nO,.J #eIloOEO ltJoeKUJG W \-r1-\ rrt-c... 2(~ l' ADD I lAlll-L t<J()T ~ (.2Dof...( S12E.. SID's POe.. ~.z.COMS 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. ----1J~ (bOt L,DJI\.JC=:> COD~ 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. 3(') , 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. NO TOW022.lSA-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. t (Indicate Ai, Section, u ion a Paragraph) Dl\-l~ 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. . J!1, It I I ~ A o~ vA1l-\A1'J~(L 12. ~ ~ I ~o '4 0 ~ #e(loUtRJ '^-.I 0 ~ G W \-r1-\ ~c,.- ( -t.. l ' D D \. fA) , ~L ~t1.:r. ~ fiDoM. 50 12E:. s-r1YS. POe. P:DI2.OOJVt S 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. --1J.-E'tT (b Ol ~D I/'.J b Co DE- 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. 3('") f 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. NO TOW022.ZBA-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. tJo F. Is your property unique in the neighborhood that is needs this type of variance? Please explain your answer in detail. tJO 4. List of attachments (Check applicable information) ( ) Survey Dated Prepared by , Last Revised ftt,L \N \D-\ P (L\oCL o.ppLl C!fT]O,J () Plot Plan Dated (~ Photos (~DraWingS Dated 3-/3-(Yt () 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. SIGNATURE formation given is accurate as of the date of application. DATED: J -11- OLf SIGNATURE 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. OL.-7? 1 h FOR OFFICE USE ONLY .. 1. The requested variance(s) ( ) WILL I tx) WILL NOT produce an undesirable change in the character of the neighborhood. ( ) YES I ~) NO, Substantial detriment will be created to nearby properties. 2. There ( ) IS(ARE) IXX-) 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) I (eX) IS(ARE) NOT substantial. 4. The proposed variance(s) ( ) WILL I tx) 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 I ( ) IS NOT self-created. 6. The property ( ) IS I (X)Q IS NOT unique to the neighborhood. Conclusion: Therefore, it was determined the requested variance Be (rl 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 a variance of 35 feet for a front yard setback. This will be to construct a 15 X 31 foot addition. ecX) Findings & Facts Attached. DATED: April 14, 2004 ZONING BOARD OF APPEALS TOWN OF WAPPINGER, NEW YORK BY:~~/~~ (Chairman) PRINT: Vlc-h;f L rANt/ELf" TOW022.ZBA-AA V (4-03 Rev) 4 of 4 TOWN OF WAPPINGER ZONING ADMINISTRATOR TATIANA LUKIANOFF SUPERVISOR JOSEPH RUGGIERO ZONING DEPARTMENT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-6257 FAX: (845) 297-4558 TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI Date: March 19, 2004 TO: Mr. Michael Agunzo 71 Osborne Hill Road Fishkill, NY 12524 Grid# 6156-02-620877 Dear: Mr. Michael Agunzo, Your amended application # 22007 for a permit for addition 15' x 31' is hereby DENIED on the basis of Section: 240-37 of the Town of Wappinger Zoning Law, which stipulates: R-20 ZONING DISTRICT has a front yard setback of seventy five (75') from a state/county road and you provide a front yard setback of forty feet (40'). 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, vautG~~ Tatiana Lukianoft - Zoning Administrator /' , ~ ./ ~~ ~idential o Commercial o Multiple Dwelling .OWN OF WAPPINGER BUILDING DEPARTMENT APPLICATION FOR BUILDING PERMIT N~ 22007 APPLICATION FOR: APPLICANT NAME: ADDRESS: ~ r TELEPHONE NUMBER: / '1.<. ~ 70 yo (bYPE OK ST,R~CTURE: 4 / - a WI IJu f-;-~I o ... 'o{( I l(f'/"4" OWNER OF UILDING/LAND Tuh, 1/1'1 S NAME: G uJJ 2-0 ADDRESS: TELEPHONE NUMBER: 4' <i L/' - '-- ~s 7 -- 0 <( Ct lONE: k! - ~ Application # :Z;z.O ()7 Permit # l~ ~" rJ ~C:l t./ ilD' . I L FRONT YARD SETBACKS:; R;(i: _L011-.=+- SIDEYARD: SIZE OF STRUCTURE: /;( X 3 J 37 :J.. '1S;t I tYPE OF USE: ESTIMATED COST: {I> I L/ Jor)o -- - GRID# fo 15& - 6;2.. - &.2 () R'77 DATE RECEIVED: 1,;2 -/7-0<:; ESTIMATED VALUE: .. PERMIT FEE: /f{35, /)0 .~U 16 75 Fe f PAID FEE ON I J... -/7 -() ~ ,.GIICOI( H 100 j to fo d D ~tAsJ-. ('~ RECEIPT # D@,' ~rl~ rrr ~ ~~ kj L~ lJd) l~ " ,., .. ' RdviI r- <'.. L) l_ll \ -.~: :' Z(FI~irllg Ad . , 8 '.u, - fi;~:-.'~ 'gnature ".., I. APPROVALS ZONIN ADMINISTRAT o Approved DATE: FIR INSPECTOR ~ f It enied DATE: ''Z 0 T Signature of Building Inspector ,7r'~;CT 10 NUMBER 61720 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 /VI I/(t f) & fit rlZ- 0 PART 1 . PROJECT INFORMATION 1. APPLICANT f SPONSOR /1//(.[ )Jfo j/Z 0 3.PROJECT LOCATION: 7 / tJ S 13 U R.,~t- )-/t LL fi.. D MUnicipality County 4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks ete - or provide map 71 OJ;)r}R..rvt;- HILL (M> 5. IS PROPOSED ACTION: D New 6. DESCRIBE PROJECT BRIEFLY: S-I//,fi!ltc:- 0;=/= A.t(,lIr .fIJ)1:t t/tc I/fJ'1JI:- ~JJI.)IP(, /~ ;:~'f!r pension 0 ModIfIcaIl~ I alteration 7.AMOUNT OF LAND AFFECTED: InItially acres Ultimately acres 8. WIll. PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICll0NS? DYes Q" No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose asm&ny as apply.) 0" Residential 0 Industrial D Commercial DAg/iCU'tur8 0 Park I Forest I Open Space o Other (describe) SEQR 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal. Slate or Local) Dyes 0'No If yes, list agency name and permit I approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes 0No If yes, list agency name and permlt I approval: ULT OF PROPOSED ACTION WIll. EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION? No I CERTIFY THAT THE _/~ L2 SI ture /' P"Jy)" . INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Date: If the action's a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceedIng with this assessment