09-7397
TOWN OF WAPPINGER
SUPERVISOR
CHRISTOPHER J. COlSEY
ZONING BOARD OF APPEALS
20 MIDDlEBUSH ROAD
WAPPINGERS FAllS, NY 12590
(845) 297-1373
TOWN COUNCIL
WilLIAM H. BEALE
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOlONI
~-{t:CE\VEU
MAY ~ 2009
May 26, 2009
~n'^,...\ C' CPIf
To: Chris Masterson
Town Clerk
From: Barbara Roberti, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Rufino Decision
Appeal No. 09-7397
Attached you will find the original Application/Decision & Order for Nicole
& Jeffrey Rufino, 10 Carroll Drive, Wappinger Falls, NY., Tax Grid No.
6257 -02-923602. I would appreciate it if you would file these documents.
Attachments
cc: Mr. & Mrs. Rufino
Zoning Board
Town File
Town Attorney
Building Inspector
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
Application for an Area Variance
Appeal #
(fl-13q7
Dated:
0j.1A./i? &4. d21J~ <;
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
. .
I(We), Je~~Uj W .Kuh,,{) ! Njwk Kuh.'1a residing at If) ~~~()'I'I Dr. Wo.-pp, 11~n> fl.;,
N" / J5Qo . , '&'fS' -1!l:l-7I.U..~q (phone), hereby ppeal
to the Zoning Board of Appeals from the decision/9ction o.f the Zoning Administrator, i'e I' (8&0);), "34 =';:,0 Jl.
dated A:p,., I q , 200.:L, and do hereby apply for an area variance(s). 'J(...fF
Premises located.at Ie) waD II Dr
Tax Grid # cgq /bJS7 - c '2 - qZ ~02 -COn h
Zoning District /? - 7-0
1. Record Owner of propertyJe.f(t~.F N;U)/t:. "42uh',')c
Address 10 C.auoI I Dr Wo.pp/^ifn J:a..U. s I\.l V .'
Phone Number~-~)- 7tj~q ,il - ,
Owner Consent: Dated: If.I,.1.ooq . Signature: -,..., ~
Printed: Al I (...() I e
lJ...{ '(::. "?.t~
q J 4 - 355' 4 J
~'- 3g13
2. Variance(s) Request:
~~
Ku !}C
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.
d40-31
(Indicate f/Jicle, Section, Subsection a:./-paragraPh) .
Required: ~
Applicant(s) ~an pr..OVid. _ . ~~
Thus requesting: . .~
To allow: ...2-9- x . ~oo C-
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 aI/ow:
3. Reason For Appeal (Please substantiate the request by answering the following questions in
derail. 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:
No c_h.~ w;lt
Oc uu-
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. .
IJtJ-t
t-: 1'\ D () J It .1 fh~t.-!
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.
20 ~1-
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.lBA-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.
J IV ~Tr4-11
rlJ1J1
F. Is your property unique in the neighborhood that is needs this type of variance? Please explain
your answer in detail.
'I r; ~
,
.../ tHI.. t)
I
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..
A 11.1" Ie.
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4. list of attachments (Check applic.able information)
( ) Survey Dated
Prepared by
, Last Revised
and
~ Plot Plan Dated
() Photos
() Drawings Dated
() Letter of Communication which resulted in application to the ZBA.
(e.g., recommendation from the Planning Board/Zoning Denial)
Detter from/A- T ;4N'4 Lvi.. j ^"'Dff . Dated:
Letter from Dated:
7'-? - tJ ? .
~- 9 -t:J 9'
() Other (please list):
5. Signature and Verification
Please be advised that no application can be deemed complete unless signed below.
The applicant tlereby states that all information given is accurate as of the date of application.
\
\,\,
DATED:
4.1,.oq
SIGNATURE
SIGNATURE
DATED: 4. \l . OS
TOW022.zBA-AA v (4-03 Rev) 3 of 4
FOR OFFICE USE ONLY
1. THE REQUESTED V ARIANCE(S) ( ) WILL I (X ) WILL NOT PRODUCE AN
UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD.
2. ( ) YES I (X ) NO, SUBSTANTIAL DETRIMENT WILL BE CREATED TO NEARBY
PROPERTIES.
3. THERE ( ) IS (ARE) I ( X) IS (ARE) NO OTHER FEASIBLE METHODS AVAILABLE
FOR YOU TO PURSUE TO ACHIEVE THE BENEFIT YOU SEEK OTHER THAN THE
REQUESTED V ARIANCE(S).
4 THE REQUESTED AREA V ARIANCE(S) (X ) IS (ARE) I ( ) IS (ARE) NOT
SUBSTANTIAL.
5. THE PROPOSED V ARIANCE(S) ( ) WILL I ( X) WILL NOT HAVE AN ADVERSE
EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDmONS IN THE
NEIGHBORHOOD OR DISTRICT.
4. THE ALLEGED DIFFICULTY (X ) IS I ( ) IS NOT SELF-CREATED.
CONCLUSION: THEREFORE, IT WAS DETERMINED THE REQUESTED VARIANCE
BE (X ) GRANTED ( ) DENIED.
CONDITIONS/STIPULA TIONS: 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 e:rant a
20 ft. variance to allow for an AG uool. Where 40 feet to the rear is required. the auulicant
could onlv urovide 20 ft.
( X ) FINDINGS & FACTS ATTACHED.
DATED: May 26.2009
APPEALS
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY:
y,)/#"
(Chairm~n~
h:Je/A ~Ic
.
PRINT:
. [.RWECr 10 NUNBER
1. APPLICANT I SPONSOR
0e.~"f j wl-e-Ku ~n 0
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
Municipality
4. PRECISE LOCATION: Street Addess and Road
ID Co.frD If Dr; 11-<..
us FttVs NY /rJ. 5 9D
ACTION: ~ New D expansion D Modification I alteration.
County
~Jd..e5S
Intersections, Prominent landmarks ete - or provide map
6. DESCRIBE PROJECT BRIEFLY:
/kt
7. AMOUNT OF LAND AFFECTED:
Initially acres Ultimately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
DYes D No If no, describe briefly:
~T IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
~esidenlial D Industrial 0 Commercial DAgrieulture D Pari< I 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 I approval:
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
DYes ~ If yes, list agency name and permit I approval:
12. AS A RESULT 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
"
Date:
tf. 17.09
If the action is a Costal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
TOWN O'F W AplplN G:ER
Code Enforcement Department
20 J'l1~dd1,ebush Road
Wappingers Fails, N.Y. 12590
te:1 (845) 297-6256 fax (845) 297-0579
04/09/2009
29026
RUFINO, JEFFREY W
RUFINO, NICOLE
10 CARROLL DR
WAPPINGER FALLS NY
125900000
Grid Number: 89/6257'-02-923602-0000
Site Address: 10 CARROLL DR
Z 0 I'J E : ,~~~p!;i i)
Your APPLICATION 29025 for a permit to construct
INSTALL A/G POOL 24' X 15' OVAL - NO DECK
is hereby DENIED on the basis of Section: 240-37 of the Town of Wappinger Zoning Law, which stipulates:
o "Accessory Stnu:tures mlllst comply wit~ ail minimum yard setback requirements for buildings,
but in no case shall they be permitted in the front: yard."
o "This zoning district has a front yard requirement of seventy-five feet (75') from a state 011'
County road."
o Does NOT MEET bulk requirement for Zone.
o As per code Section 240-26, which states: "The use of tents, trailers and mobile homes for permanent dwelling purposes
shall not be permitted in any district except as permitted and regulated in Section 240-51, Mobile home park, of this chapter..."
REAR YARD:
SIDE YARD (LEFT):
SIDE YARD (RIGHT):
FRONT YARD:
SIDE YARD (LEFT):
SIDE YARD (RIGHT):
R E QUI RED:
1f) ft
ft
ft
ft
ft
ft
WHAT YOU CAN PROVIDE:
O-~.) ft
ft
ft
ft
ft
ft
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.
fiL/
TOWN OF WAPPINGER BUILDING DEPARTMENT
20 Middlebush Road, Wappingers Falls, N.Y. 12590
telephone: 845-297-6256 fax: 845-297-0579
APPLICATION FOR BUILDING PERMIT
APPLICATION TYPE: 0 Residential
o New Construction 0 Commercial
o Renovation/Alteration 0 Multiple Dwelling
NAME OWNER OF BUILDING/LAND: , ~ ?
*PROJECT SITE ADDRESS*: \ 0 Cal ( () i I rYr
C'
MAILING ADDRESS: L ')(1/"''1..L
TEL #: 'f:8<'~>Jt17 71.{\(J CELL: i'( P-r,~3lf,A,r7:) FAX #:
-;} .( / ~
ZONE:;\. ,.:...:2 c) DATE: -<f .. /y' C)1
APPL #: ..;< 9oj(J PERMIT #
GRID: fR ;;:{.j-7 - {J,2 - f':.? :")
I d S;tio
E-MAIL:
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U.J \''-A. f"'u <: I., COI,e
i A \'Il ' ' c ~ .111 ~ ,,/ J 7" '['{'"
\...IV{ tr Pi i'tfri. T"{..IJ S t IJ y ,,,,,: . ) 1_)
o
E-MAIL:
L-SIDEY ARD: R-SIDEY ARD:
DOl) I jCJxdc' l\t'rJe..
,
TYPE OF USE: Oil I '''Jon 0.J...
I
NON-REFUNDABLE APPL. FEE:';S/(,o,:; PAID ON:4~,-())) CHECK#j';Zg E' RECEIPT #: //9 P1
BALANCE DUE: _PAID ON: CHECK # RECEIPT #:
SETBACKS: FRONT: REAR:
SIZE OF STRUCTURE: ;)'1' X IS~ () VtU
ESTIMATED COST:
FIRE INSPECTOR:
o Approved 0 Denied Date:
Si~nature of Buildin~ Inspector
APPLICATION #:
BUILDING PERMIT #:
GRID#:
OWNER OF LAND: ;>~. " l'
INTERIOR OR CORNER LOT: Iit-k.d u I
TOWN OF WAPPINGER
PLOT PLAN
........................
· INSTRUCTIONS ·
: (1) DRAW structure where you intend to place it. :
. (2) LABEL dimensions. .
. (3) LIST how far the structure is from house and ·
· also the setbacks from structure to your ·
. I' ·
. property me. .
........................
DATE:
J
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Nearest Street
,
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,
,
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,
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Mark North Point
ZONE:
-' ~- ~"
,-
T
Rear Yard
g,
',)
"~;
ft.
1
/:
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Y~l--)
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f ,:
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Side Yard
Side Yard
ft. HOUSE ft.
. . .
T
Front
Set Back
ft.
ft. Frontage 1
ft.
I
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ill A~~ ~ A 2009 l'
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.
0.
(\)
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4::l
Nearest Street
ft.
INDICATE LOCATION of WELL and SEWAGE SYSTEM
and THE DISTANCE of EACH FROM HOUSE
HOUSE # and STREET: ID CaIrD I ( bri lie..) UJ('lffJi(l~i!jS FoJJ.s
Signature of Applicant: ~.-hi~ ~~