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05-7265 TOWN OF WAPPINGER ZONING BOARD OF APPEALS ~. June 30, 2005 To: Chris Masterson Town Clerk ~,-cc-=c= /~~ WAP~ ~./-_.'/.A'~ . ~ ._~'r.' /s~. ". ~~~~~.\\ ,:~(~~~.\\ O..\.'~-'>:.II C'~h ,-:riii?~{1J ~~sco~j;iI =---~;..,,;;;;j ZONING BOARD OF APPEALS 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-1373 From: Barbara Roberti, Secretary Town of Wappinger Zoning Board of Appeals Re: Margaret Cahill Appeal No. 05-7265 Attached you will find the original Application/Decision & Order for Margaret Cahill, 21 Thornacre Drive, Wappinger Falls, NY. I would appreciate it if you would file these documents. ...~ Attachments cc: Ms. Cahill 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 RECEIVED JUL 0 6 2005 TOWN CLERK 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 Appeal # ()!5 .. 7 d- tcb Application for an Area Variance ~. ~ l,uv- 11 &r;fj!j Dated: TO THE ZONING BOARD OF APPEALS, TO~N OF WAPPINGER, NEW YORK: ;Ikesidin!'~r xJ I 'J;f;/JU!?lo-e.. ))rUK - S'7ID (phone), hereby appeal ppeal from the decision/action of the Zoning Administrator, , 2005~, and do hereby apply for an area variance(s). Premises locat~at - Tax Grid # . ~- 03'--2J.230~~ Zoning District _ _) 1. Record Owner of propert~77IOtl1aS 1- /iJO/"<1Ofe+ cJa I Address /J. \ 11\ou't.tCI'f' ,."D(U!f. \ru Phone Numberm: ~-~ @,r';A)/1 Owner Consent: Dated: -'o-P-l oS- Sign~ture: ~. . (~f ~ Pnnted: . _m~1 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. ~cho-n ~Y:O '-37~V\ -20nu'\~ 1~L0 (Indicate Ar:ticle, Sectio , Subsecti .and ParagraR~) Required: K.. ar (0' '. 1.../ Applicant(s) can provide: Thus reque~ng: ~~~Q rl~t- To allow: Or h'\ . . \\ ' c" . rOO \ h~ NJ)f jOfd Lm~ TOW022.ZBA-AAV (4-03 Rev) I of4 - Town of Wappinger Zoning Board of Appeals i 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. l\)() ~, ,,0. I"J\.~ Nl"{-S~\'O'-"'ocx:\. 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. ~ ~ ~('> 40' ~1:nc'L ~ <'-<.CV' ~'~~ \,~- \>J C'\. '. \IJ ~ . N:>D ~ ~ \ ~ I laN'o. ("( Jlu . I 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. I J. I \jCLV-\.~~CA....- (\ Q..D ~ 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. ~ 0 C_~o....L Q TOW022.ZBA-AA V (4-03 Rev) 2 of 4 Town of Wappinger Zoning Board of Appeals i 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. ~(l~~~~,j" <c. Iou I \~i"i ~w.'''' c'r O<.r\ \V\fj~ ~cot -l- cl. F. Is your property unique in the neighborhood that is needs this type of variance? Please explain your answer in detail. ~ N\\J.S\-. '^~": (~l~o.4\ \c.)L~ ~rd o.x- '-\t.. 0 L A - \:2.e co_v s...e -:t', <\0 ll\ o~ 4. List of attachments (Check applicable information) ( ) Survey Dated Prepared by (~ Plot Plan Dated I Last Revised and 1~o/P.5 () Photos () Drawings Dated (~etter of communicat,ion which r ulted in application to the ZBA.~, (e.g., recom~aJ!Pn. fro,!, the 'P ing Boar ,/Zoning Denial) ( -') /l L. Letter from ~ Dated:' 0( / v::J Letter from Dated: () 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 DATED: 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. 05-7265 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) / (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) / (X) 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 / ( ..) IS NOT unique to the neighborhood. Conclusion: Therefore, it was determined the requested variance Be ( W GRANTED () DENIED. Conditions/Stipul.ations: The following conditions and/or stipulations were adopted by resolution of the Board as part of the action stated above: The ZBA has voted to grant the applicant a 12 foot variance to the rear yard for the installation of a 14 X 28 foot in-ground pool. Where the applicant needed 40 feet to the rear yard setback, they could only provide 28 feet. (X) Findings & Facts Attached. DATED: June 30, 2005 ZONING BOARD OF APPEALS TOWN OF WAPPINGER, NEW YORK BY:~ ,/ ~~ (Chairman) I.",.,.... J..... .--::- '"' PRINT: l 10 lot< ,. ~ ,-)4 NUll t 1-.. TOW022.ZBA-AA V (4-03 Rev) 4 of 4 617.20 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 'l= f\ ((l J '" 6.POC> \ "1i7\.s \C-L.\ lCd-q)y",\ SEQR l PROJECT 10 NUMBER PART 1 . PROJECT INFORMATION 1. APPUCANT I SPONSOR '('(\(lr( * C01~ \ 3.PROJE LOCATION: Municipality \}J Q. 4. PRECISE LOCATI (k\.. ~ \S County ~ \;~~C . ~ t Addess and Road Intersections. Prominent landmarks ete - or provide map ~\ '~Qc.r-e.-~. W . , 5. IS PROPOSED ACTION: uzrNew o ModificatlOflI alteration 6. DESCRIBE PROJECT BRIEFLY: -"T' ~\o- \.\. 0-"" \. "\ ~0~ ~ 00 \ (.1,j r ~'>\..L~ 14 XLg a_R.c) ~~ ~. ",..-ear C)~ 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [B"Yes D No If no, describe briefly: ~T IS PRESENT LAND USE IN VICINITY OF PROJECT? (Chooseasmanyasapply.) ~ Residential 0 Industrial 0 Commercial DAgricutture 0 Park ( Forest I Open Space o Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) Dyes ~No If yes, list agency name and permit ( approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes ~o If yes, list agency name and permit ( approval: 12. AS A RE LT OF PROPOSED ACTION WILL EXISTING PERMIT ( APPROVAL REQUIRE MODIFICATION? as No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant Date: Cp /7/ OJ 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 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: June 2, 2005 TO: Ms. Cahill 21 Thornacre Drive Wappingers Falls, NY 12590 Grid# 6056-03-212365 Dear Ms. Cahill: Your application # 23367 for a permit to construct a 14' x 28' in-ground pool 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 rear yard setback requirement of 40 feet and you provide a rear yard setback of twenty-eight feet (28'). 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. Yours truly, TOWN OF WAPPINGER BUILDING DEPARTMENT APPLICATION FOR BUILDING PERMIT N~~ APPLICATION TYPE: ~Sidential o Commercial o Multiple Dwelling ZONE: Application # Permit # tr2cJ c2.38(d7 APPLICATION FOR: APPLICANT ME: ADDRESS: . -J. } I tJ..cA..J;.... TELEPHONE NUMBER: g:3 J- <:11 b (c) ql'f 'f7S Lj'lJ'3 OWNER OF BUILDING/LAND NAME: ADDRESS: TELEPHONE NUMBER: ~ TYPE OF rTRUq-. TURE: (fIrY) fJ ~A ~-" ~ TELEPHONE #: fj/;- fo:3[J',J TITLE: f?S FRONT YARD SETBACKS: REAR: c9r SIZE OF STRUCTURE: IV X J.r ESTIMATED COST: 11 / / jl>DD ,- GRID # k~ (po ~b -03-~.~/.;}3h~" DATE RECEIVED:j-""23 "J:S ESTIMATED VALUE: PERMIT FEE: ~' --- " PAID FEE ON S-1!2..~;J\ CHECK # ~tJD{p j,. SIDEYARD: TYPE OF USE: .::0 L SIDEYARD: 3.( RECEIPT # P;s:- 0131 APPROVALS ZONINSA ADMINISTRATOR o Approved ca',Denied DATE: ~tuLZ.1 ,t()t:J5 J FIRE INSPECTOR o Approved 0 Denied DATE: Signature of Building Inspector WHITE - Applicants Copy YELLOW - Office Copy PINK - Assessor's Office Copy '€I TOWN OF WAPPINGER PLOT PLAN ................. ....... : INSTRUCTIONS : . (1) DRAW structure where you intend to place it. . . (2) LABEL dimensions. . · (3) LIST how far the structure is from house and . : also the setbacks from structure to your · . property line. : ....................... . APPLICATION #: [2'~3Co'7 BUILDING PERMIT #: GRID #: lL:oS(o-D3..- ~l~ 30)- OWNER OF LAND: ~tl~<"\N' 1 '1- ThOIUCd INTERIOR OR CORNER LOT: '-.. 'l \1\-\ DATE: - , /'" j /' ".3 -u~ ({'~ l \ . ZONE: [..2-D ",,-,..,.. , ':2...0 ,9-&-1 '\I T Rear Yard .~ i f1._, , .~~ j s- I ) Side Yard Side Yard . ft. . HOUSE + f1. . 0. ~ ~ Cl q:: T Front Set Back .~ DENIED ONING ADMINISTRATOR ft. f1. f1. Frontage 1 Nearest Street Nearest Street f1. , , , , , , , , , , , , , , , , INDICATE LOCATION of WELL and SEWAGE SYSTEM and THE DISTANCE of EACH FROM HOUSE HOUSE # and STREET:J,.ll""h(j{'N1.~("* nt. Signature of Applicant: '"YV\cL~J'-L Jl- f1 ~Lo , , , , , , , , , , , , , , , , Mark North Point White - Applicant's Copy Yellow - Office Copy Pink - Assessor's Office Copy