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11-7441 TOWN OF WAPPINGER Howard J Prager, Chairman Thomas DellaCorte AI Casella Michael Kuzmlcz TOWN SIPERVlSOR Chri'l"rhLr l ("I,,:: SECRETARY TO ZONING BOARD Susan Dao ZONING BOARD OF APPEALS ZONING BOARD OF APPEALS ~II ivllDDI.IBI 'SII R( ),\1) \\APPL\!(i1RS 1,/\1 IS NY 125'10 Phillie S~5-~(!7 -6256 hl\- N4)-~97-0)79 I, -Mail: Sda(\t/hl\\ 11(\1'\\ appll1eCr u, TOWN BOARD \\ illiam I/, IkilL VincLllt Ikllill:i hllla\ (/al'l1;I'c"; JIl'l'rh 1', l'alll"lli July 15,2011 To: Chris Masterson Town Clerk From: Susan Dao, Secretary Town of Wappinger Zoning Board of Appeals Re: Clarence Smith Decision Appeal No. 11-7441 Attached you will find the original ApplicationlDecision & Order Clarence Smith, 2 Gary Place, Wappingers Falls, NY., Tax Grid No. 6258-01-094644. I would appreciate it if you would file these documents. Attachments cc: Clarence Smith Zoning Board Town File Building File Attorney JU ... TOWN OF WAPPINGER P,O, Box 324 - 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 RECEIVED Zoning Board of Appeals Office: 845,297,1373 ~ Fax: 845,297.4558 Zoning Enforcement Officer Office: 845,297,6257 www.townofwappinger.us 'JUN 1 4 2011 PLANNING DEPARTMENT TOWN OF WAPPINGER Application for an Area Variance u- 7YYJ Dated: 6-{r// Appeal # TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: Clarel1lC" L, S{'//l,J'1 residing at 2 9ary Place' /.J - tJ , e.,F ~, ~')'tf?r (phone), hereby appeal nin Board of Ap eals from the decision/action of the Zoning Administrator, h -] - 2 () II I 200_, and do hereby apply for an area variance(s). Premis~s located at ~. 31"1 PYii.. t. Tax Grid # bd- - 0 - __ -/6t/ V Zoning District I< ' C}.. 0 1. Record Owner of Property C l avel1/,G- Address 2 ~ dry PI a~ ~ Phone Number E!.&'- .19) - e 2. 'rB Owner Consent: Dated: 6' (, /.... Sm>11t /0" 'f./ ./At Signature: (~t~ r?- . c-e?7J~ Printed: C-I a/" el1€€ 1-. S/11/ft1 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. d'10-37 (Indicate Article, Section, Subsection and Paragraph) Required: /0 I ~ Applicant(s) can provide: tf '5"::r/ll Y OtIJ.. D Thus requesta:: , ~ I "7 " , To allow: ( y It) ,5 H ... j) Lc:;:r: 'bE l/ /J /( I~ . . I JUW022 !.1li\-/\AV (4-0,; Re\') 1014 Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No, ('~ 1...,,,, Varian No.2 I(We) here apply to the Zoning Board of Appeals for a variance(s) of the following requirements 0 e Zoning Code. Req u ired: 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? Please explain your answer in detail. ,\/0 c 'I :J It! t!~ J E- 'f' I 5 'f 1 nt C; h Prl - 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. .rorJ cI f :5 h a II erf " V' I h ed, I (~u (/' M ev L 0 t---1/ I'll I +r 5' t? (J '4:' e 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. ~ dJ ;l-wr1 S-l "7 ,. :eYUlreJ, . ' . ~~ t .5 'i ": t a;!' 0;., , v.5u,,' A1r,~'p",,~ ~. . : "'~~t 0 !J,AL~ '_ CC,VU eV' ~+ __ rei lA/I iN 6 {-,.... .s T-ocknd... ~eH L -e~ 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. Nt; el<.I;)~I~~ ..)he) bclJ,'./d 6"1 "7f0<I..Gtd< F6''''c TU\V0221I3A-^^V (~-03 Rev) 2 of4 Town of Wappirlger' Zoning Boar'd of Appeals Application for an Area Variance Appeal No. 1/, ?~'1/ E. How did your need for an area variance(s) come about? Is your difficulty self-created? Please explain your answer in detail. F. Is your property unique in the neighborhood that is needs this type of variance? Please explain your answer in detail. }J It ''fur Ire",,: J.-7. C6f'nCY L." t wi-h H' 5 ",t b",I,: $1<1 fwc.J 5~d c.' {Jdd )A#/f.l:Je'/' 1-01- 1/#11/1$ 5,hue I~ J? e/i' k /SIJ-e t ar"i I' / 4. List of attachments (Check applicable information) (~urvey Dated M<fl"Z 31. Icr:L I Last Revised Prepared by P. I L _ ,lr/ c,] ~ '3 ~ r-"I' e yo J and () Plot Plan Dated () Photos () Drawings Dated (~er of Communication which resulted in application to the ZBA. (e.g., recommenration frorp. thf Plan{1irg Board/Zoning Denial) Letter from 801.r~0( "-0, f511 ~~ Dated: Letter from Dated: 6'.-- 3-11 () 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 (~JP14/U ~. ~~ (Appellant) DATED: {-~-II SIGNATURE DATED: (If more than one Appellant) T( lW022IB;\ /\/; v (4.0) I(l'\' I ~ 014 Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal r~o. 11-7441 FOR OFFICE USE ONLY 1. The requested variance(s) ( ) WILL / (X) WILL NOT produce an undesirable change in the character of the neighborhood. ( ) YES / (1\) NO, Substantial detriment will be created to nearby properties. 2. There ( ) IS (ARE) / ex) 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 QC ) GRANTED () DENIED. ( ) Findings & Facts Attached. DATED: July 12, 2011 ZONING BOARD OF APPEALS TOWN OF WAPPINGER, NEW YORK BY: PRINT: ]I I\VII::' /.1\/>.-/\/\ v \,'-0:; f(l'\') .1 ,,14 r PROJECT I ID 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) 2 PROJECT NAME SEQR PART 1. PROJECT INFORMATION 1. APPLICANT j SPONSOR C I 2 ('e Yl i e L, 5111 3.PROJECT LOCATION: Municipality W~ ,is 'Nt Ftt 1(; County 4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc - or provide map 2... ~ C1? flat -e . LV{, f-~v 5C'1- ft:;/,{ ~T D .{7~1i't i".> ^U'ad a4!f' '8 Y'f l/tt t e 5. IS PROPOSED ACTION: 0 New o Expansion D Modification j alteration 6. DESCRIBE PROJECT BRIEFLY: gf YU' 5hed 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? o Yes ~ No If no, describe briefly: R ep/ 141 r't!J 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ~esidential 0 Industrial D Commercial DAgriculture D Pari< / Forest j Open Space S-l '7 I( .. va t' { /{, '" 4" 1 ~ to s .eA {J tllk 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 ~NO If yes, list agency name and penmit j approval: 12. AS A RE ULT OF PROPOSED ACTION WILL EXISTING PERMIT / APPROVAL REQUIRE MODIFICATION? []yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Date: Signature ;z l i :fr (I Applicant 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 Code Enforcement Department 20 Middlebush Road Wappingers Falls, N.Y. 12590 tel (845) 297-6256 fax (845) 297-0579 06/03/2011 30641 SMITH, CLARENCE LEE SMITH, MARIE 2 GARY PL WAPPINGERS FALLS NY 12590 Grid Number: 89/6258-01-094644-0000 Site Address: 2 GARY PL Z 0 N E: ? .2-0 Your APPLICATION 30641 for a permit to construct EXISTING SHED 8' X 12' Denied for side yard setback is hereby DENIED on the basis of Section: 240-37 of the Town of Wappinger Zoning Law, which stipulates: o "Accessory Structures must comply with all 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 or County road." f) Does NOT MEET dimensional 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): R E QUI RED: ft ft /0 ft WHAT YOU CAN PROVIDE: ft If . S-II ~ FRONT YARD: SIDE YARD (LEFT): SIDE YARD (RIGHT): 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. Barb ra Roberti Zoning Administrator Town of Wappinger