11-7443
TOWN OF WAPPINGER
Howard J Prager Chairman
Thomas DellaCorte
AI Casella
Michael Kuzmlcz
TO\\\ Sl PER\ISOR
(hrl',l"phc:r.l ( ,)1\,,;
SECRETARY TO ZONING BOARD
Susan Dao
ZONING BOARD OF APPEALS
ZONING BOARD OF APPEALS
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Phone g-l5-297-h::?~()
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"-Mail (,dallll!(l\\nllrll<lppIIWl'r liS
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Willl,lI11 II. Ik,lI"
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.I(h<:ph 1'. I'd"I"11i
July 15,2011
To: Chris Masterson
Town Clerk
From: Susan Dao, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Robert Kunkel Decision
Appeal No. 11-7443
Attached you will find the original ApplicationlDecision & Order Robert Kunkel,
6 Amherst Lane, Wappingers Falls, NY., Tax Grid No. 6057-02-700531. I would
appreciate it if you would file these documents.
Attachments
cc: Robert Kunkel
Zoning Board
Town File
Building File
Attorney
JUL 1 8
TOWN OF WAPPINGER
P.O. Box 324 - 20 tvllDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
Zoning Board of Appeals
Office: 845.297.1373 ~ Fax: 845.297.4558
Zoning Enforcement Officer
Office: 845.297.6257
www.townofwappinger.us
RECEIVED
fJUN 2 2 2011
PLANNING DEPARTMENf
TOWN OF WAPPINGER
Application for an Area Variance
Appeal #
1/- 71ft{:)
Dated: 41..lN1= l1, '2.0\ ,
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
I(We), f<.p~s.v-t l(~"1."e..\ residing at (p A~k..~~ \- alAe...
/1"1 -IJ!t- :2.qq~ (phone), hereby appeal
to the Zoning Board of Appeals from the decision/action of the Zoning Administrator,
dated C) It (P , 200lL, and do hereby apply for an area variance(s).
I
Premises located at Co Amhev-~+ Lawe
Tax Grid # (pot:,1 .. ~~.. 7e>~1?~\
Zoning District R .. ~.:>
1. Record Owner of Property .J2...oDc.."'~
Address V> A\M~~v<;.-t h~""e.
Phone Number11d--W- 1...c:rQu
Owner Consent: Dated: "Ii., /-;-011
t I
~~It\~
W ~",. ra\~ / /
Signature: ~~~
Printed: ~ ~~\I\
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.
24.0 .. ~7
(Indicate Articlel Section, Subsection and Paragraph)
Required: -;z..c::::> F-T. ,,>/PIi:Y,A.~
Applicant(s) can provide: 14,8- 1=-7
Thus requesting: ?? F-T
To allow: ~rI~~/It.",c..7Ig,./ or .-+ ~~~.t> ~ro#(.y ~E:P/(~
cVt<P. F><lfljr'w, 2. c...A~ t:,AR~E:,
A-I~J a ~ ~l~~ t~ ~""'e. /I'vt< '-Vo..J.L k
~5+rY-c-t~,
"J (i\\'(I22 1.11.'\-/11\ V (4-eJ,i Rn) ] ()f 4
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? Please explain your answer in detail.
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.
~ -;~~~s r.,l",~ ~~"Xc....\l"''t;~~e-''''''~
~ Vav\ 3.~c-e.~ ~J...4l~ ~ v\~ A 2..~ I...) c:...~l ,
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~ t;V-;'l:;~{1f-~~~t, wo..J..J, J",t J>-- 'tOI~ '-'f
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.
1;,~:u\ ~~:D~S~YV~ +t'~~t-~~V;:!{~~l.-J-
TCJW022lI3A-AA V (~-m IZev) 2 (If ~
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.
~c:.- akhJ-tOfA {~ rV'OfC>~ ~ ~ ief ~~rl...lJed.
F. Is your property unique in the neighborhood that is needs this type of variance? Please explain
your answer in detail.
~ '4't.5~ r~..J W~ ~"'~ va...."'~ ;.; Jo....,~
..., eo. 0; "",CiiL.d "y -f/1 e.. ~;../ op- l.....J ...... p /" e...--
4. List of attachments (Check applicable information)
(LI) Survey Dated .,
Prepared by
(./( Plot Plan Dated
(I/) Photos
(v( Drawings Dated t;...) ( I 'l..~(
(A Letter of Communication which resulted in application to the ZBA.
(e.g., recommendation from the Planning Board/Zoning Denial)
Letter from Dated:
Letter from Dated:
"" t..,-tj'.
~/')...{/7-~f Q
, .
and
() 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
~tJ~
. (Appellant) '--
DATED: (Pit 7/ p.t.>j./
SIGNATURE
DATED:
(If more than one Appellant)
T( )W(l22/1\.'\-.'\:\ V (-1-(1, Rev 13 014
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Planning Department
Office: 845.297.1373 ~ Fax: 845.297-0579
www.broberti@townofwappinger.us
Owner Consent Form
To be filed when the aoolicant is not the buildina or oropertv owner
Project #
1(- 7&11{)
Date: ~ u'^-"- ~ 7, "1,..':>1. "
Zoning District: 12 - 2.. Q
Grid # c.oo t; 1 - c::>2 .. ? ~ · Y? ~ )
Location of project:
Description of project:
G A~~.;>r- L.. 2~ e.
~\~ C~~\ \.\f. A\f"c::.\..)\~~t
Print name and phone numbe~
&?,A~'i .aV~ 'SCLt-1~k 'v ~V'\"2-""C.e..
Name of Applicant:
~ob~* K~~k\
, owner of the above
land/site/building hereby give permission for the Town of Wappinger to approve or deny the above
application in accordance with local and state codes and ordinances.
~ v V\.L. l1., 1.-D (f
~~
Owner's Signature
~ ~\J~ ~~-e-
Print Name and Title ***
Le ~ ~ L ~'1.e...
Owner's Address
Date
9~'-f 774... "2-qqo
Owner's Telephone No.
* **If this is a Corporation or LLC please provide documentation of authority to sign.
If this is a subdivision application, please provide a copy of the deed.
TOWllj,BJ).OCI' (7.0:1 Rev) I "r I
Town of Wappinger Zoning Board of Appeals
Application for an Area Variance
Appeal No. 11-7443
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 ( ) IS / (X) IS NOT self-created.
6. The property ( ) IS / (.X) IS NOT unique to the neighborhood.
Conclusion: Therefore, it was determined the requested variance
Be (X) GRANTED () DENIED.
Conditions/Stipulations: The following conditions and/or stipulations were adopted by resolution
of the Board as part of the action stated above:
The ZBA has granted a side yard variance to allow an addition over a garage.
Where a side yard of 20 feet is required. the applicant can provide 14.8 .~eet
The variance is granted for 5.2 feet.
( ) Findings & Facts Attached.
DATED: July 12, 2011
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
~ J
BY:,' ~~y f -4!'-:{.-/
{Chairman)
PRINT: Mc~/>t'"R /) ~A6~<-
TOW022.1IlA-A/IV (4-0~ Rev) 4 of4
'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)
SEaR
PART 1. PROJECT INFORMATION
1. APPLICANT j SPONSOR
~~ C"";1. e.\\ \ . A v-J-t1t
3.PROJECT LOCATION: (p AM~\I"<?t- La.1.\e..
Municipality ,. J rt:? u.J apf\'^'1 eY'
2 PROJECT NAME
l< '-' 11'\ "-e.. \
"Ke.. c; \.d e..V\ c..e.,
P41- c:.. \"'e.. S 4)
County
4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc - or provide map
(.Q AM\te.~..\-- L..'d.Y\.e. ~~,..~ <<:>-.ACL"'~ 1I'r.:;;>ii1cl. .;:a..y~" \/ '0 ~",,\c..
ea.~~ c>~ 1.1.\.1c...Y'Se.cJt\.-~'1 ) 0+ W'-\e.c..\<a..... ~\U .to A~....,+ A.~vU";~ ~
G lMe..~ L.-:z ""
5. IS PROPOSED ACTION: 0 New
~ Expansion 0 Modification j alteration
6. DESCRIBE PROJECT BRIEFLY:
CO'A~~V"'-\Gt~~.., 0 q
W~~
t ~\I'~e.
~V'~
v\~ S\.de
a~.;:>\,)e... ~ \ ~~\ ~
i.avJ Va,\I'\.a.\.-\C::Q...
7. AMOUNT OF LAND AFFECTED:
Initially 0. 56 acres Ultimately D, S8 acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
DYes ~ No If no, describe briefly: c) \,c:\e. '/ 2v-d V Bvl ;)""'-~ V"e...t:j"'-l ~ v-c....:::l
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
~ Residential D Industrial 0 Commercial DAgriculture 0 Park I Forest I Open Space
o Other (describe)
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING,
AGENCY (Federal, State or Local)
'6ZJYes 0 No If yes, list agency name and permit I approval:
NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
"Z..c:;;>>V\.\"""7 ~~~....J 9-.... Vo:z.v\ a.."" ~
b\Ji ~. ~...J,~l\c\\'~ ~:t
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
~es 0 No If yes, list agency name and penmit I approval:
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION?
es 0 No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF
lrtl ~veJ.. ~.f(2.lA \ rv Ave:. ~~-\~-T
Signature
MY KNOWLEDGE
Date: ~")....cL 17,~)
Applicant
the actio' Costal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
PART 11- IMPACT ASSESSMENT (To be com leted b Lead A enc
A DOES ACTIO~x.?EED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4?
o Yes ~o
B WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative
declaration m~uperseded by another involved agency.
o Yes ~No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOllOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surtace or groundwater quality or quantity, noise levels, existing traffic pattem, solid waste producUon or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
If yes, coordinate the review process and use the FULL EAF.
;:.)0
;Jt?
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
;)0
C3. Vegetation orfauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly:
C5. Growth, subsequent development, or related activities likely to be induced by the proposed acUon? Explain briefly:
I ~O
C6. Long term, short tenm, cumulative, or other effects not identified in C1-C5? Explain briefly:
I ~o
C7. Other impacts (includin chan es in use of either quanti
;00
N o,..,5€-
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)? (If yes, epain briefly:
o y~ [B ND I
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If es e lain:
o Yes ~NO
PART 111_ DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important orotherwise significant. Each
effect should be assessed in connection with its (a) setting (Le. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e)
geographic scope; and (I) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked
yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics ofthe CEA.
Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUU
EAF and/or prepare a positive declaration.
Check this box if you have determined, based on the infonmation and analysis above and any supporting documentation, that the proposed actior
WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi
detenmination.
Date
Name of Lead Agency
Print or Type Name of ResponSible Officer In Lead Agency
Title of Responsible Officer
Signature of Preparer (If different from responsible officer)
Signature of Responsible Officer In lead Agency
TOWN OF WAPPINGER
Code Enforcement Department
20 Middlebush Road
Wappingers Falls, N.Y. 12590
tel (845) 297-6256 fax (845) 297-0579
05/16/2011
30612
KUNKEL, ROBERT A
6 AMHERST LN
WAPPINGERS FALLS NY
12590
Grid Number: 89/6057-02-700531-0000
Site Address: 6 AMHERST LN
Z 0 N E: I<~;;.j)
Your APPLICATION 30612 for a permit to construct
Denied for addition over garage. Side yard setback is only 14'8"
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."
. 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
M ft
WHAT YOU CAN PROVIDE:
ft
'I ft
1 f ~' ft
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.
Yours truly,
ara Roberti
ning Administrator
Town of Wappinger