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011-7450 CLERICAL ASSISTANT Sue Rose- Ext. 123 TOWN OF WAPPINGER FIRE INSPECTOR Mark Liebennann - Ext. 127 TOWN SUPERVISOR Barbara A. Gutzler CODE ENFORCEMENT OFFICER Susan Dao - Ext. 126 Salvatore A. Morello, III - Ext. 142 ZONING ADMINISTRATOR Barbara Roberti - Ext. 128 PLANNING & ZBA SECRETARY Michelle Gale TOWN BOARD William H. Beale Vincent Bettina Ismay Czarniecki Michael Kuzmicz BUILDING DEPARTMENT 20 MIDDLEBUSH ROAD W APPINGERS FALLS, NY 12590 (845) 297-6256 Fax (845) 297-0579 January 13,2012 To: Christine Fulton Town Clerk From: Michelle Gale, Secretary Town of Wappinger Zoning Board of Appeals Re: Marchesona Decision Appeal No. 011-7450 Attached you will find the original ApplicationlDecision & Order for John Marchesona, 82 Brothers Rd. Wappinger Falls, NY. I would appreciate it if you would file these documents. ~.Ld& /J r;:1/Jz _._..')"~~'-lJ NI\\O"l-.. Cf3SJ\!ldd\fM :.10 Nf,^Ol. Z 1Z 8 I N\1f Attachments cc: Mr. & Mrs. Marchesona Zoning Board Town File Town Attorney Building Inspector Zoning Administrator (gJ~~U~~~t~ -. . , TOWN OF WAPPINGER P.O. Box 324 - 20 MIDDLEBUSH ROAD W APPINGERS FALLS, NY 1 25~0 Zoning Board of Appeals Office: 845.297.1373 ^' Fax: 845.297.4558 Zoning Enforcement Officer Office: 845.297.6257 www.townofwappinger.us o~ Ol~ ~( Application for an Area Variance Appeal # 11- 7 '-IJO Dated: /;//1/;/ TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: I(We), ":SOIl../ MA/LCNtESV,'l/& residing at '?2. rrIlO'/#~11.S ILOilO, WPrPP,JU/U;:I;L-LS MY fl.,57/) ?ff.. ~-g--S'~I (phone), hereby appeal to the Zonjng ~oard of Appeals from the decision/action of the Zoning Administrator, dated 11/1'1/' , 2o~L, and do hereby apply for an area varlance(s). , , .. Premises locate9.- at <8'2... 8/ltl1l1&M 'f-.lJtJr Tax Grid # ~ ~t) - 03-- CJ f ;t., 'I Zoning District .~ ,/0 1. Record Owner of Property 5()/f,./<r ~rL.ll.ItDI?-rH mAIlOrlfSGlNt1 Address rtLi/ltrr//111l5 AolftJ Phone NumberiYJ -2..'18'- rS'lr/ Owner Consent: Dated: /1/;1/1/ , I Signature~~ Printed: "'StlH"/ P"7#ltcHtf.5V'/I/'~ 2. Variance(s) Request: 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. 5,[ e[ / p rJ 2-..1 (j -"3 ? (Indicate Article, Section, ?ubsection and Paragraph) Required: 2.5 (. G'~C' '7cJ S/tJe 'tA^LJ .' Applicant(s) can provid'1: '7 J ~ FfL~ Thus requesting: 7.11' To allow: P ~~/~ ,,J 5,4-L/C YAAIJ ifNi? jJl..-/r>1;7N(f" Clf r;)o5//A.lb--- L"!J r;f..a'^ K IFO MUn TOW022.ZBA-AA V (4-03 Rev) J of 4 " Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No. 11-'" (l) 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. j"(fC1"' /CI~ L '111- .\ ') (Indicate Article, Section, Subsection and Paragraph) Required: S() ~t.fe"f "Tv fAV~ '(;.fA/) If/T t./,.../c! Applicant(s) can provide: _ Lf}, ,3 f,ze([" Thus requesting: (j f 1 ' To allow: ceJ,J S"'(AI.I(.'\fif),J of f'NI,J<! PPfl.Ct1 ~')( z:r' 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 neighborhooej or nearby properties change? Will any of those changes be negative? Ple?lse explain your answer in detail. 1 111"1 /)(,1 i'V /: '7f1 E J c[ /JOt) 17/(,',-/S 7 (" //I1fJA CJ (,I If '11(tf' LGJGlK A/VCJ F",tJDT/f,I..J/flrry or ~U^ Hth'YJe. '1}f/~ wv^IL LvllL ONLY AfJ4 LtA,..~ A-PPJEfttL7(.J7#([ /\/E/FHAoA"/UI1 j ItJ '1L1I1."/ fr/JIJ j-1JC i/At.v If 'Ie) '-rU(;[ N iJj6 J/ .ItIIlV 0 (.JI /I {11 IN j/(} I t-r ;' B. Please explain why you need the variance(s). Is there any' way to reach the same result without a varlance(s)? Please be specific in your answer. / ,./(.~I) 7Jftf VA" Ilfl'ic..l 5 -ol:CAv Sc 711d Ae&r.lll\.c;/'1e'Nii 0,.1 '1Ut!' ~/tJE ;:r ,4-'#/A l5 c/;.;tv liNt) ., \ S J1 tltt(T I ' 1/'l. JlI'tl-'!(f"" ,71- 1~7 He pw....xJ:, 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. D. If your variance(s) isCare) 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. 11- 7.ys-v E. How did your need for an area variance(s) come about? Is your difficulty self-created? Please explain your answer in detail. 4J~/~~~ ;if :;:,;;". ~~ ~~;; fZJ~ do t _ 1;- LJr/ -' 0, _ (.of :.... , 'P :::- ~ A- \'tZ C':tf ~~1 jl r~ 'H;;:;:i~2f: ?,"/f iff lliEWVI/l"'O r7Q (p~ . II: __/~Jc.. ~ _ __ _tJA_ _rJ/) 1~1'1~ Ala /f}/FA f..../'e wvut..47 N.: ~JJ d,.J if ;V () lA./ , F. Is your property unique in the neighborhood that is needs this type of variance? Please explain your answer in detail. ('jiJ~~ :r- TJ1c! P^'tf)UAV'1' I~ c/{.,(^ /\/tElI'-HflCl^"'thJ'" fflfS If- ".-- ,(.1_ r#e <iJ11h7lf /tm O(;f"J:J O~ L/J/\/.t:J , 4. List of attachments (Check applicable information) ( 1/ Survey Dated f'tl A'1 I q/ / fj k' 6 I Last Revised Prepared by and () Plot Plan Dated () Photos () Drawings Dated ( ~tter of Communication which resulted in application to the ZBA. (e.g., recommerdation fr;Rmlhe PIJnqing Board/Zoning Denial) Letter from A ~;- ~&. r 0, f<() t1 U-+-, . Dated: . Letter from Dated: 11-- 1,/--// () 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 M (~ #JzL- 1../ (Appellant) DATED: ,,/n/IJ I I SIGNATURE DATED: (If more than one Appellant) TOW022.ZBA-AAV (4-03 Rev) 3 of4 ,,\ . . Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No. I/-)I./{D FOR OFFICE USE ONLY 1. The requested varlance(s) ( ) WILL / ()(.) WILL NOT produce an undesirable change in the character of the neighborhood. . ( ) YES / (jJ NO, Substantial detriment will be created to nearby properties. 2. There ( ) IS(ARE) / (-;.) 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) / ( ) IS(ARE) NOT substantial. 4. The proposed variance(s) ( ) WILL / (~ 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 / (}6 IS NOT unique to the neighborhood. Conclusion: Therefore, It was determined the requested variance Be (iJ GRANTED () DENIED. Conditions/Stipulations: The following conditions and/or stipulations were adopted by resolution of the Board as part of the action stated above: ~le Zoning Boaro of Appeals has voted to grant the following variances: .1. Where a 25' side yard setback is required. the applicant could only provide 17' 8" for the construction of a 16'x29' rear deck and 2nd floor bedroom addtn. A Variance of 7' 4" was granted. . 2. Where a front ya~djsetback of 50' iR requirerl, the applicant can only provide . a setback of 43' 311. to allow a 8' x21' front pmcch. A variance of 6' g" was granted. (X) Findings & Facts Attached. DATED: January 10. 2012 ZONING BOARD OF APPEALS TOWN OF WAPPINGER, N'ry YORK BY: ~tz,-<.l <<.-/,,,. (Chairm4 PRINT: 40/1't7l]) ~-tb E IL TOW022.ZBA.AA V (4-03 Rev) 4 of 4 , ~ . Town of Wappinger 20 Middlebush Rd. Wappingers Falls, NY 12590 (845) 297-6256 To: MARCHESONA, JOHN MARCHESONA, ELIZABETH 82 BROTHERS RD WAPPINGER FALLS NY 12590 SBL: 6358-03-018299 Date of This Notice: 11/4/2011 Zone: R40 Application #: 30983 For Property Located at: 82 BROTHERS RD Your application to: ADDITION/AL TERA TION - CONSTRUCT FRONT PORCH 8' X 23', REAR DECK 16' X 29, SCREENED PORCH 16' X 21', BUMP OUT BEDROOM 5', RELOCATE MASTER WALK IN CLOSET is denied for the following deficiency under Section 240-37 of the Zoning Laws of the Town of Wappinger Where 25 feet to side yard is required, applicant can provide 17.8' for deck and master bedroom addition. Where 50 feet is required to front yard lot line, applicant can provide 43.3'. "Accessory Structures must comply with all minimum yard setback requirements for buildings, but in no case o shall they be permitted in the front yard." b Does NOT MEET dimensional requirement for Zone. o "This zoning district has a front yard requirement of seventy-five feet (75') from a state or County road." .. As per code Section 240-26, which states: "The use of tents, trailers and mobile homes for permanent o 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: ft. c25 ft. ft. 5() ft. ft. ft. WHAT YOU CAN PROVIDE: I 7 ~ <3tt ~: ft. t./~\. 3\\ 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. ~~ Barbara Roberti Zoning Administrator Town of Wappinger