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06-7314 . I : TOWN OF WAPPINGER ZONING ADMINISTRATOR TATIANA LUKIANOFF ZONING BOARD OF APPEALS 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-1373 FAX: (845) 297-0579 June 29,2006 To: Chris Masterson Town Clerk Barbara Roberti, Secretary ,~~ Town of Wappinger ZOningtoard of Appeals Marilyn Rigano Appeal No. 06-7314 From: Re: Attached you will find the original ApplicationlDecision & Order for Marilyn Rigano, 10 Joan Lane, Wappinger Falls, NY. I would appreciate it if you would file these documents. Attachments cc: Mrs. Rigano Zoning Board Town File Town Attorney Building Inspector SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI RECEIVED JUL - 7 2006 TOWN CLERK TOWN OF WAPPINGER P.O. Box 324 - 20 MIDDLEBUSH ROAD W APPINGERS FALLS, NY 1 2590 :2 . \. , _I' t .;J ~ll, ~ T'-/'- A1 ~'1~~q 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 # C7~ 13JI' Dated: //JAy /8, ~r:ob TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: bA'tJo residing at /0 .JoA~ . I...A Ai E '(i:.c,J 0 . I~$ ,~-~- J/~ . (phone), hereby appeal Appeals from the decision/action of the Zoning Administrator, , 200_, and do hereby apply for an area variance(s). Premises located at /0 ..JoA-,J I....A/IIGi" Tax Grid # btf.~ - ()-3 -o7~01S ' Zoning District _-1-0 1. Record Owner of Property --fh.flI1J..t'" Address /0 JoArJ J...AtJe. ~ . Phone Number8'15"-~- ""3 Owner Consent: Dated: ~- IS-oJ::. A-. '1(( (c,AtJo 2. Variance(s) Request: Signature: ~ ~,!.-/) Printed: S- 8'0 ( 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. TOW022.ZBA-AA V (4-03 Rev) I of 4 J. ~ r' 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? P1e?lse explain your answer in detail. 6tAN~N~ i g/~W~ ~bi ~M6~ ~ D~mv~:1~L~~ ~:- jg:;!jlfeTlE0"rJ~ o-n ... I~O 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. ~PS"';;~~b ~k1: ~b~~ -:y; ~I/;; ~~fj)1I( t2~h SE37rlA~ 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. AJor Llltle:.- 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. 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. SeLF c.tee.A-t-e6 I'm f) t( N /tW,4.,ee tJ F rJ ~ Po,e.. ~t-""'" F. Is your property unique in the neighborhood that is needs this type of variance? Please explain your answer in detail. l~fl!;t(;'1 /5 uN/ Vue CMA-'NiJ. (;o{JLD AI ~r- 'Due-. 77J Det:.k bM-oCUIJ j) f'oOL. M~ 6e- Cwse?L n -11 Dc..- 4. List of attachments (Check applicable information) ( ) Survey Dated , Last Revised and Prepared by (0. Plot Plan Dated ~ 8 7S-~/'I77 (yj Photos ( ) Drawings Dated () Letter of Communication which resulted in application to the ZBA. (e.g., recommendation from the Planhing Board/Zoning Denial) Letter from -r-k/l A-N fit: L~ I( IIHU () H- Dated: f-.J..6 - ob Letter from Dated: () Other (please list): 5. Signature and Verification Please be advised that no application can be deemed complete unless signed below. SIGNATURE hereby states that all info mati on given is accurate as of the date of application. DATED: S- IS. ;UJi9,b SIGNATURE DATED: (If more than one Appellant) TOW022.ZBA-AA V (4-03 Rev) 3 of 4 Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No.06-7314 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) (x) 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 / (x) IS NOT unique to the neighborhood. Conclusion: Therefore, it was determined the requested variance Be 600 GRANTED () DENIED. Conditions/Stipulations: The following conditions and/or stipulations were adopted by resolution of the Board as part of the action stated above: ~hp Zoning Ro~rn of Apr~~]W ha5 "oted to grant a 9 feet g ineh varianee for the qinp y~rn qpTh~~k To The cabana WherQ 25 feet is required the appIieant coulcl o!.ly provinp 1~ fpPT & incb~w (x) Findings & Facts Attached. DATED: June 27. 2006 ZONING BOARD OF APPEALS TOWN OF WAPPI R, NEW YORK BY: PRINT: TOW022.ZBA-AA V (4-03 Rev) 4 of 4 PRbJECT ib 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) SEQR PART 1. PROJECT INFORMATION 1.APP~M~~PO~OR A-- cRt (;krJ () 3.PROJECT LOCATION: /0 0 L.... tz: Municipality {7J W,J ~ F (J) ~I tV (f) e/2$ County 4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent ~{e- 2. PROJ"CT NAME -foo L- CMAtJ1t- 1lu TUfe$5 landmarks etc - or provide map ...5/hne A~ 5. IS PROPOSED ACTION: 0 New 0 Expansion G1'Mod~t1on I alteration 6. DESCRIBE PROJECT . BRIEFLY: . PoOL ~A- A&Vl2 A-~ -rv (;teocuJ1> /00 L lJ eLl<..- /7;r1L ril '/ 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? DYes G( No If no, describe briefly: V Ai ( A--tr Ge: N e::e:t> e:b W (71+- Co be,-. n ~/JVjJL)' ;.3jHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) LiJ Residential 0 Industrial 0 Commercial DAgriCUlture D Park I Forest I Opert 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) [ZfYes 0 No If yes, list agency name and permit I approval: 11. DOES A~ECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes bdNo If yes, list agency name and permit I approval: 1 . AS A RES T OF PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION? o I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Si ature Date: S- -/ 8 ~ .;Lo~r6 Applicant I Sponsor Na TOWN OF WAPPINGER ZONING ADMINISTRATOR TATIANA LUKIANOFF SUPERVISOR JOSEPH RUGGIERO ZONING DEPARTMENT 20 MIDDLE BUSH 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: April 26, 2006 TO: Ms. Marilyn Rigano 10 Joan Lane Wappingers Falls, NY 12590 Grid# 6459-03-07509& Dear Ms. Rigano: Your application # 24147 for a permit to construct a 12'2" x 18'5" pool cabana is hereby DENIED on the basis of. Section: 240-37 of the Town of Wappinger Zoning Law, which stipulates: . R-40 ZONNING DISTRICT has a side yard setback requirement of twenty-five feet (25') while you provide a side yard setback of fifteen feet four inches(15'4"). You have the right to appeal this decision to the Zoning Board of Appeals within 60 days of the date of this letter. The Zoning Board of Appeals meets the second and fourth Tuesday of the month. The area variance appeal will require at least two meetings, one for discussion and one for a Public Hearing. The required forms can be obtained at this office. .'....-....-....... . . . . , . , , . . 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 · · rt " · . prope y me. . ...... ....... ........... DATE: ZONE: ,k - lit) Wi 'J? ~~ - x-- I I :j>." aro'~,. -~: ft. ; -",- .v /' Side Yard // /' // / // ../' /" ,// ,,' // ft. /. HOUSE . / ,/' ., I /// / Side Yard . . ft. . 0.. Q) Q) Ci ~ T Front Set Back ft. ft. Frontage 1 ~ r--~l~)i;tJ'TfT[)---nw~ zor--JiW,', r~Lf1,~.~!STRp.TOR Nearest Street f1. f1. , , , , , , , , , , , , , , , , INDICATE LOCATION of WELL and SEWAGE SYSTEM and THE DISTANCE of EACH FROM HOUSE HOUSE # and STREET: !iJ ~ j~ I · White - Applicant's Copy Yellow - Office Copy , , , , , , , , , , , , , , , , Signature of Applicant: Mark North Point ~--~ ~ WAPp, o 1- :r-+~'~ . """ o ,1) ~ , > o ~~ c:~' "'" ... '" ('~ ~ ('SS C00 I~~ dC/Iii TOWN OF WAPPlNGER BUll..DING DEPARTMEN'( APPLICATION FOR BUILDING PERMIT APPLICATION TYPE: ~~idential Z.ONE: R - r;ZJ DATE: CJ New Construction 0 Commercial APPL.#: PERMIT #: ~;~ovationlAlteration 0 Multiple Dwelling GRID #:!O Lfi <)1 / {) 3 -- /) 75 o9r APPLICANT ~AME: /h kR '~r1 '!(f b41\l D ADD~S.:_. 0 JOA-rJ . M ~. VJ fl-il.11'/'J foEtf!5.f1itl.-S .N- '. ~S1v TEL. .fl{1,. )$61,). -/1 f,d CELL #: t./tf-.;)oj 0 FAX #: E:'MAIL: ./ , . NAME OWNER OF BUlLDINGILAND: ADDRESS: /~~J0<-- TEL. #: - CELL #: FAX#: E-MAIL: BUILDER/CONTRACTOR DOING WORK: . COMPANY NAME: I- ADDRESS: ~J ~ -> ~ f TEL. #: CELL #: DESIGN PROFESSIONAL NAME: TEL. #: CELL #: CONTACT: FAX#: E-MAIL: FAX#: E-MAIL: APPLlCATION'O~: ~5h-rJ~(JJ~ ~__-- rJ L _ 'i-'~ ~ tVJL/ / x. -...'''-..-_ "', SETBACKS: FRONT: REAR: SIZE OF STRUCTURE: ESTIMATED COST: NON-REFUNDABLE APPLe FEE: ~PAID ON: PAID ON: L-SIDEYARD: TYPE OF USE: . R-SIDEYARD: CHECK #: CHECK #: RECEIPT #: RECEIPT #: Cl FIRE INSPECTOR: o Approved 0 Denied Date: Signature of Building Inspector llnrl:ltp. C;/nC; r- 4. .I ,- 4.. """:-1- -- ."tQ 4 -..) , 1 \ II l . if l' I ~ . I I I !' +".'1' . ,x I ....V' ___ oi"" .\ ~ <1" 1 \ ~. \ i i j j 1 J I ~;"'fl t/ t~ '" ti ~ ~ ~l( I I Inti ~ i ~ ~-'- -' ~~- =.L:::.. Sf-p.l R.~ I I i i ! I ii, ,I j~ 1 ! f! I /1 IJ 07-(/11 fR{~~~nW~IQ) lJ ! D"" . / J!.:-" I. v'~- ! -------~---~ -~--___1 I 1 I , ! I MA~ 2 4 2006 BUILDING DEPARTlVIENT TOWN OF WAllPINGER \ "'t), I" .,_..J(!, ".1 y~ " : \ \ ," ........,f..<"".,-~-- ,.' ., ' 1\1. 1\. Da)r Engineering, PC .~ Van Suite 2 Falls. New '{ork J2590 Phon\?: Mav 6. 2006 Marilyn Rigano 10 Joan Lane Wappingers Falls, Ne\v '{ork Re: Structural Inspection Deck. Stairs & Cabana "'Irs. Rigano. Pursuant to your request I have made a site inspection at the above referenced premises to inspect existing pool deck, cabana and stainvay 10 the existing deck-Based on inspection, I offer the following: 'rhe deck surrounds approximately front 1/3 of the above ground pool. I'he deck has been constnlcted on 1 diameter concrete piers. I am not sure that they havc been mstalled below frost as I was not able to determine this. However, the footings appear to be adequate as there is no evidence of movement or detlection of the deck. The supporting posts are 6x6 pressure treated posts at approximately 8' centers. The noor framing is supported by pressure treated 2x 10. The floor joists are U)' s at 16" spacing. The decking material is a composite material kno\llH as "Trex" installed at 45 degree angles. In general, the deck is in vcry good condition. I did not note any structural deficiencies during my inspection of the deck. .' " part of the constmction of the deck, stairs .vere added from an existing deck to the newly constructed deck surrounding the front end of the pooL These stairs arc approximately 5' \vide and have been constructed using (6) pressure treated 2x 12 stringers. This is more than adequate f<)r the span of the stairs, All railings arc solid and in good condition. The cabana appears to have been installed without a f{)ll11dation. The 5Uppc1rt posts have installed on patio block. The contractor has adequately braced the cabana to the existing deck and has provided adequate floor framing fix the cabana. Although difficult to see, they appear to be 2x lO's at 16" centers. '\ .. . structure on In OpIniOn that the deck. stairs and cabana are In sound structural cCl!1structcd in aecordance with Ki contact me if V trul y to 2:<4 construction Although not exposed. the roof There is no evidence of dcl1ection cabana. nHcnor or require any further infixmation on this matter. ., .) . -- This Certificate covers the electrical equipment and installation inspected this date. If additional equipment should be introduced or alterations made to the existing system this Cert~icate shall be null and void, and application for inspection should be submitted promptly to N.Y.E.i..