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04-7223 . TOWN OF WAPPINGER ZONING BOARD OF APPEALS SUPERVISOR JOSEPH RUGGIERO ZONING BOARD OF APPEALS 20 MIDDLE BUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-1373 TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI June 9, 2004 To: Gloria Morse Town Clerk From: Barbara Roberti, Secretary Town of Wappinger Zoning Board of Appeals Re: Tanya & Dimitrios Diamantopoulos Appeal No. 04-7223 Attached you will find the original ApplicationlDecision & Order for Tanya & Dimitrios Diamantopoulos, 19 Brothers Road, Wappinger Falls, NY. I would appreciate it if you would file these documents. Attachments cc: Mr. & Mrs. Diamantopoulos Zoning Board Town File T own Attorney Building Inspector Zoning Administrator RECE\\IEO juN 1 , 'l.QO~ ,OWN CLE.RK -, '\ 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 Office: 845.297.6257 www.townofwappinger.us Application for an Area Variance Appeal # ();{ - '7 2-2- 3 Dated: \v\ O-u P.-D I 2M 4- \ 1. )vs' Signature: . Printed: ,/}1m I rnio5 L)/Ah:Jd:-,,-royHll.l lo~ 2. Variance(s) Request: Variance No.1 r(We) hereby apply to the Zoning Board of Appeals for a variance(s) of the following requirements of the Zoning Code. J'-Io ~ 37 (I!J.dicate Article, Sectio , Subsection and Paragraph) Required: I ~f'c 0 Applicant(s) can p vide: r CL Thus requesting: . 0 To allow: TOW022.zBA-AAV (4-03 Rev) I 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 Bo d of Appeals for variance(s) of the following requirements of the Zoning Code. 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) isCare) granted, how will the character of the neighborhood or nearby properties change? Will any of those changes be neg'ative? Ple?lse explain your an~wer in detail. ~~~ l,a;~h~f'i5.~1~U1g~~ B. Please explain why you need the variance(s). Is there any way to reach the same result ~thout a variance(s)? Please be specific in your answer. JJv..z +0 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. J a,&J 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. ~t~h/~ ~,.~~ _n /'_-th~kJ~ ~i ~-fzp~Acg ~l7-iJ. TOW022.ZBA-AAV (4-03 Rev) 2of4 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 ~~;;;~:?:)~4~'~~~G1~ F. Is your property unique in the neighborhood that is needs this type of variance? Please explain your answer in detail. 4. List of attachments (Check applicable information) ( ) Survey Dated Prepared by f Last Revised and () Plot Plan Dated () Photos () Drawings Dated (~etter of Communication which resulted in application to the ZBA. (e.g., recf)ll1mendation fr,pm the Planning Board/Zoning Denial) ,I. / LJ Letter from .,:)l.L5CZ.fl. ~~ V . . Dated: SL-<vLo T Letter from Dated:' r () Other (please list): 5. Signature and Verification Please be advised that no application can be deemed complete unless signed below. SIGNATUREC-k.. ~ The applicant hereby states that all information given is accurate as of the date of application. ~-~......~ . (Appellant) . SIGNA?~~etha~6 I - DATED:. cfo /0 i DATED: 0'1,;0 Joy / / TOW022.zBA-AA v (4-03 Rev) 3 of 4 Town of Wappinger Zoning Board of Appeals Application for an Are~~ar~~nce Appeal No. 3 FOR OFFICE USE ONLY 1. The requested variance(s) ( ) WILL / QC ) 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) / ( ) 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 / ex) IS NOT unique to the neighborhood. Conclusion: Therefore, it was determined the requested variance Be tx) GRANTED () DENIED. Conditions/Stipulations: The following conditions and/or stipulations were adopted by resolution of the Board as part of the action stated above: Where the ;:Jppl i r;mt n~~np('l 'in fPPT Tn t1,., rear nf. hi ~ rrnpPT"TY, thQ Zoning Board of App~;:)l~ h;:)~ vnTP~ Tn gr~nt the app'ic~nt ~ ?O font rear yard Retback. tbn~ giving rhp ;:)ppii,.~nr ~. 30 foot 'Tari~t1cli' fOT" a ?It. foot above gronnd pool (x) Findings & Facts Attached. DATED: June 9. 2004 ZONING BOARD OF APPEALS ::~G;:-2~ (Chairman) PRINT: Vte:h? 1 FANIlE(r TOW022.ZBA-AAV (4-03 Rev) 4 of4 ~~'.. '. [ , . . P~OJECT 10 PART 1 . PROJECT INFORMATION 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 NUMBER 1. APPUCANT I SPONSOR r ,.--.- ..... 5 Y1 3.PROJECT LOCATION: Municipality rV6- ~ n re;:;' / b ( --feu") J County 4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks ete - or provide map Ie>> /9 3roTtfE (5 I2p 5. IS PROPOSED ACTION: ew 0 Expansion 0 ModJficatlOflI alteration 6. DESCRIBE PROJECT BRIEFLY: /1Joul d )1 J( 6" 70 I y'l.~ r rl- !l a... 2 Lj II c&ve 3 fou hot to ()) 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? D Yes .~ If no, describe briefly: ~ IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ~Re$ldential 0 Industrial 0 Commercial DAQrlCU'ture 0 Park I Forest I 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) ? 0 No If yes, list agency name and permit I approval: 11. DOES A~~OF THE ACTION "HAVE A CURRENTLY VALID PERMIT OR APPROVAL? o Yes ..):::::T'IO If yes, list agency name and permit I approval: " OF PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION? THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Si " '- ApplIcant If the action Is a COItal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment TOWN OF WAPPINGER ZONING ADMINISTRATOR TATIANA LUKIANOFF //oc~ WAPp'" i/~~u ~~;~~?;..~.~~~ 11';:0. . ~". ..,.,.... -' ,,' . ~"'~...~.~\ \(0. ~;:~I \~~,~.'2f I ,,~. . ..~,! ~~~> " / ~I.':jl ,~S~. 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: May 20, 2004 TO: Mr. Dimitrios Diamantopoulos 19 Brothers Road Wappingers Falls, NY 12590 Grid# 6J58-04-765406 Dear: Mr. Dimitrios Diamantopoulos, Your application # 22380 for a permit for an above ground pool 24' round is hereby DENIED on the basis of Section: 240-37 of the Town of Wappinger Zoning Law, which stipulates: R-40 ZONING DISTRICT has a rear yard setback of fifty feet (SO') and you provide a rear yard setback of twenty feet (20'). You have the right to appeal this decision to the Zoning Board of Appeals. The required forms can be obtained at this office. YO"Z Susan Dao - Deputy Zoning Administrator TOWN OF WAPPINGER BUILDING DEPARTMENT APPLICATION FOR BUILDING PERMIT N~ 2~ APPLICATION TYPE: ~Sidential o Commercial o Multiple Dwelling ZONE: Application # Permit # J~ vtV ~2.~O APPLICATION FOR: 11/6 ~~ I ~ ~ -- IJ /lMA APPLICANT NAME: ]i;fl' C> )j~ ~71 ~<-<i<I - , ADDRESS: ~f-'e.' / '7 6/c) c-t"T . TELEPHONE NUMBER: ;?~ 7- 0 5( -18" TYPE OF STRUCTURE: (pUp C; If.( ~ ~'1~ - ?b'25 OWNER OF BUilDING/lAND NAME: ADDRESS: TELEPHONE NUMBER: ~~ (J 8ft'~ BUilDER/CONTRACTOR DOING WORK COMPANY NAME: ADDRESS: . CONTACT PERSON: NAME: J)I/}\.. 8,4 IS A if. t {is TELEPHONE#: Nl/6f/....NJ~ TITLE: (J;:)/\-f'r. , j~ pr. FRONT YARD SETBACKS: REAR: ~ SIDEtARD: ~ SIDEYARD: SIZE OF STRUCTURE: c:lLfI ~cf2(/J\,c/. TYPE OF USE: ESTIMATED COST: :4 5"oiYi). ./" GRID # (p:2~...:DLf"I(p5'-/O~ "'UUW DATE RECEIVED: Y Iq/(J t./ ESTIMATED VALUE: ...h /?I . _ PERMIT FEE: ~f.) PAID FEE ON ~:'-19/Dt{ CHECK # ~,< RECEIPT # ;4 ;2~ '3 ~ 0 FIRE INSPECTOR o Approved 0 Denied DATE: --1>z+ Signature of Applicant Signature of Building Inspector BUILDING PERMIT # LOCATION N 5 SIDE STREEVA VENUE E W HOUSE NUMBER I '1 LOT NUMBEli REC. VOL. ~RfF LAND bifVI(hel.~S .. /J;f)/1-Jf()p){~UJ-S ~OR CORNER LOT ~4dt<l: ZONE 12-i() I TOWN. OF WAPPINGER PLOT PLAN / DATE ( Ioe; t . Jfj .~ PAGE ----- ft. Sideyard HOUSE Sideyard 3J ft. ~ ft. . . --t Co ., T ., ." .:t! Set Back ft. Neareat Street 1 Nearelt Street ft. ft. frontage ft. , , , , , / / / / , / INDICATE LOCATION of WELL and SEWAGE SYSTEM and THE DISTANCE of EACH FROM HOUSE ,,&A{d~4-?' Z~, STREET " , I" ' / ' , / , / , Marie North Point " ~~ Inform.otion ~ ~ '. . ~ Supplaed by ~