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13-7473
~! ~' ' , TOWN SUPERVISOR Barbara Gutzler ZONING Alll\11N'SITRATOR Barbara Roberti X 128 ZONING SECRETARY Sue Rose X 122 TOWN OF WAPPINGER ZONING BOARD OF APPEALS 201\1IDDLEBUSH ROAD WAPPING~RS FALLS, NY 12590 845-297-6256 G°~CC~~O~I~D MAR 2 7 2013 March 27, 2013 TOWN OF WAPPINGER TOWN CLERK To: Christine Fulton Town Clerk From: Sue Rose, Secretary Town of Wappinger Zoning Board of Appeals Re: Joe Carino Decision Appeal No. 13-7473 Zoning Board of Appeals Howard Prager. Chairman Tom Dellacone Al Casella Robert Johnston Peter Galotti r ~ ~~ICi~1~A~ ~. Attached you will find the original Application/Decision & Order for Joseph Carino, 8 Morgan Court. Tax Grid No.6258-O1-188954. I would appreciate it if you would file these documents. cc: Joseph Carino Zoning Board Town File Building File Jim Horan ;. TOVYN OF VYAPPINGER P.O. Box 324 ~ 2O MIDDLEBUSH ROAD WAPPINGERS 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 a Use Variance niw~ r~ ~;~ 1~ g, Appeal # ~~ w ~ y 7 3 Dated: ~1 ~ TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW FORK: I (We), ~ y if uT ~ ~~N ~ residing at ~ ~O~f+r' C 1 • ^~i~c.~y~%- ~-v~s~~, ~-I I a5`1 0 ,~~L-~7_-~L.~~ (Phone), hereby appeal to the Zonin Bard of Appeals from the decision/action of the Zoning Administrator, dated '~-~ , 200_, and do hereby apply for a use variance. Premises located at 1 ~'''~a/ZG'`~ e-i Tax Grid # Cv~S~ ~ ~ 1 - ~ ~ R 95 `/ Zoning District +2 ~-~ 1. Record Owner of Property ~'~ ~-A-r~~NJ Address -'7 VVl ~ -E~~ C + ~ i,..f~ P. ~ZLS ` r~ ~( i Phone Number8~-~- ~~' Owner Consent: Dated: I~ at ~ Signature Printed 2. Variance Request: I(We) hereby apply to the Zoning Board of Appeals for a variance of the roiiow~ng requirements of the Zoning Code. . (Indicate Article, Section, Subsection and Paragraph) Intended use, alteration, conversion and/or construction (Describe proposed project) TO~'~'024.ZBA-AUV (4-03 Aev) ] of 4 Town of Wappinger Zoning Board of Appeals Use Variance Application Appeal No. 3. Reason For Appeal (Please substantiate the request by answering the following questions in detail. Use extra sheet, if necessary): A. Are you able to make reasonable economic use of your property without a variance? Please set forth detailed financial evidence describing. . B. Is your property unique in the neighborhood that needs this type of a variance? Please explain your answer in detail. f~ - c ~ . C. If your variance is granted, will it change the kind of neighborhood in which your property is located? Please explain your answer in detail. D. How did your need for a variance come about? Is your difficulty self created? Please explain your answer in detail. ' 4. List of attachments (Check applicable information) ( ) Financial (economic) statement. This statement should not be personal in nature. The information provided should relate directly to the property for which you are seeking a variance and should illustrate the monetary injury ar undue hardship you are suffering without the variance. ( ) Survey Dated ~~~ `'7 ~Ia-, Last Revised and Prepared by ~..c.-~T~A'~-~ /~~ ~C~r`~d () Photos ( ) Drawings Dated ~ ~ ( ) 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: TOW024.ZBA-AUV (4-03 Rev) 2 of4 Town of Wappinger Zoning Board of Appeals Use Variance Application Appeal No. Conclusion: Therefore, it was determined the requested variance Be (~ 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 voted to grant 17foot ,rae~r 3~ard GPthank WhprP a rear vTa d c hank of 40 feet is required, the a~nlinant nan nnl~nrnt~i~la ~~ fa_pt fnr the installation of a 15x24 'foot above ground nnnl and an arrarha~l ~~,t~n ,lack Tt-e ZBA has voted to grant a 5 font side hard sPthark_. Where a side yard setback of 20 feet is re4 ii d, thQ a~.= lianr ra„ n.,1~,,,-~y~p 15 feet fnr the inctallatinn of a 15x94 font ahnvP grni, in~nnnl and aT~ att'ached ~3x3n dpnk ( )Findings & Facts Attached. DATED: Ma r~.h 2Fi ~, 901 ~ ~ ZONING BOARD OF APPEALS TOWN OF WAPPINGER, NEW YORK -`~ (Chairman) PRINT: ~~ ~~~ 1, ~ ~ 4 yt~1 ORICi;JAI TO~/024.ZBA-AUV (4-03 Rev) 4 of4 i i Town of Wappinger Zoning Board of Appeals Use Variance Application Appeal No. ( ) Other (please list): 5. Signature and Verification Please be advised that no application can be deemed complete unless signed below. 3 The applicant her~by'`~ es that all information given is accurate as of the date of application. ~' il SIGNATURE ~ ~~ «`2~^'v DATED: t ~ ~ ,.~ (Appel n r DATED: SIGNATURE f (If more than one Appellant) FOR OFFICE USE ONLY A. The appellant ( ) IS (X) IS NOT able to make reasonable economic returns on the property without a variance for each permitted use within this zoning. district. B. The appellant's property ( ) IS (X) IS NOT unique in the neighborhood that needs this type of a variance. C. If the variance is granted, ( ) IT WILL (X) TT WILL NOT change the kind of neighborhood in which the property is located. D. Is your difficulty self created? Please explain your answer in detail. TOWD24.ZBA-AUV (4-03 Rev) 3 of 4 617.20 5 E Q R PROJECT ID NUMBER APPENDIX C STATE ENVIRONIv1ENTAL DUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) rxrcT1- 1. APPLICANT /SPONSOR 2. PROJECT NAlv1E 3.PROJECT LOCATION: `~ M o (td~a~r% cii' -`~ /`~,-rte" ~'-~-5 C " ~ ~ Municipality /~' wLj d--~ ounty ~ 1 tom ~. PRECISE LOCATION: Street Addess and oad Intersections, Prominent landmarks etc - or provide map 5. IS PROPOSED ACTION : ~ New ^ Expansion ^ Modification /alteration 6. DESCRIBE PROJECT BRIEFLY: '~ ~ t~ ~ ~ L V`~ A ~ nV~ tj ~ ~ d' 1 Dom- a~ ~ ~, 7. AMOUNT OF LAND AFFECTED: ~' .k ~ 'l~l; acres Initially acres Ultimately 8. WIl1 PROPOSED ACTION COMPLY WITH IX15TING ZONING OR OTHER RESTRICTIONS? Yes ^ No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ' ^ Other describe { ) ace S e t /O F , p n p ores Residential ^ industrial ^ Commercial ^Agriculture ^ Park / 10. DOES ACTION INVOLVE A .PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ^Yes ~ No If yes, list agency name and permit /approval: 11. DDES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ^Yes ~o If yes, list agency name and permit /approval: 12. AS A RESULT OF PROPOSED ACTION .WILL EXISTING PERMIT! APPROVAL REQUIRE MODIFICATION? ^Yes o . I CERTIFY THAT. THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF tv1Y KNOWLEDGGE Applicant / S sor me _~,`~- ~ ~,~ Date: ~ ~ ~~ ~I r~1 Signature J,:~'~ ~ 1 he action is a Costal Area, and you areas#ate agency, co pie the Coastal Assessment Form before proceeding with this assessment 1 n rr n ccCCC~ACAIT /T., tie rmm~lafarl by I aarl AO en CV) PAK I II - imrr+~ ~ n.~.~~~~,.,". , ~ ~ ............. ....-- - ---- - - A. DOES ACTION EXCEED ANY TYPE I THRESHOLD !N 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. Yes ~ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. Yes ~ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Ci. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potentialfor erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character. Explain briefly: C3. Vegetation orfauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? F~cptain 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 activftles Ilkely to be induced by the proposed action? Explain briefly: C6. L ong term, short term, cumulative, or other effects not identified In Ci-C5? Explain briefly: C7. Other impacts (includin than es in use of either quanU or a of ener ?Explain brief) D. WIt1 THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? (If es, a lain brief) Yes ~ No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If es e lain: Yes ~ No PART III -DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS; Foreachadverseeffectidenttfiedabove,determinewhetheritissubstantial,large,irnportantorotherwisesignificant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; end (f) magnitude. 1f necessary, add attachments or reference supporting materials. Ensure that explanations contain suiiicienl detail to show that all relevant adverse impacts have been identified and adequately addressed. if quesfion d of part ii was checked .. _.. _ _ _r_,__,r_____ _...,, ,,,,,I„~ro rtie r,r,ronfial irnr,anl of the oronosed action on the environmental characteristics ofthe CEA. yGJ, lllc vc lcl ll l~l,o l,v„ v, u,y,,,,,v.., ..... ~.~__.-. _.____ _.. _ r - - - Checkthis box ifiyou have Identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directlylo the F FAF and/or prepare a positive declaration. Check this box 'rf you have determined, based on the infonnation and analysis above and any supporting documentation, that the proposed a. WILL NOT result in.any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting determination. ' Name of Lead Agency not or ype ame esponsi a Icer m ea gency Date Title of Responsible Officer Signature of Responsible ter in Lead Agency Signature of Preparer (lf different from responsible ofncer) r Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Planning Department Office: 845.297.1373 N Fax: 845.297-0579 www.broberti@townofwappinger.us Owner Consent Form To be filed when the applicant is not the building or property owner Project # Date: ~ I ~ I ! 51- Grid # Zoning District: Location of project: Name of Applicant: _~~ t.-/~.Ri n~J ~~(r - ~W'- - 7 1 P~ Print name and phone number Description of project: ~y~~ Qll'~- I L owner of the above land/site/building hereby give permission f~r the~Y~vn of Wappinger to approve or deny the above application in accordance with local anti,state codes and ordinances. ~~ ~~~1~- Date Owner's gnature Owner's Telephone No. C~~! ~`~ Pri1'ft Name and Title ** * Owner's Address ***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. 'rOW033.BD-OCF(7-03 Rev) ] of 1 v -~ v6 ~ ~~i~i~ 4~..~~ t~~1 ~; ~~ 1~~xL<S~ . - •l~:w ~ ~w1 ~'. y~.rops~ Ca=,:~ C,..1~ ~,~~~.~, ,~c ~~ ~ ` ,fig , ~~~', ,~ ~,' '~ ~~' i .J ~ .J i I~t ~Y ~ ~ ~ i ~ ~W O -- o ~ o ,L o ~- - ~ ; _~IL`~ 1l . ~ ~:~.,~.t-t~ , `'-- l..t C--~n1 ~~V coo y_:., F-. - ~~ov ~6 ~~ ~.:. C ~~ ~~ 2~ I~ ~~ ~~ ti8 R ^l ,`. R-=~'25.~0' L=' 3.~~: ,~' BLACK: TOP ;~ ~~' GA1V ~~ UST ~"~ `~'~ L=123.45' . -'-_. ti~~ool '~ HOLDI~~G~ - . shoo ooh ` F OP~J D _ J ~ ~~ ~. JT~J~IJ FAT!O ~ WOOD -~ DECK. 2 STORY ~ ~ FRAME ~ g~rv ~~~ .,•5~ DRAIf~JAGE EAJEMENT Rir.~=~5~.~ ~ ~~ 15" HDPE N85'00'00"W 15.00' 150.00' -- -- _ _ .. _ _ _ i I ., i Town of Wappinger 20 Middlebush Rd. Wappingers Falls, NY 12590 (845) 297-6256 To: Carino, Joseph Pace, Michael 7 Morgan Ct For Property Located at: 7 Morgan Ct Your application to: INSTALLATION OF A/G POOL 15' X 24' W/ATTACHED DECK 23' X 30' SBL: 6258-01-188954 Date of This Notice:9/25/2012 Zone: R20 Application #: 31759 is denied for the following deficiency under Section 240-37 of the Zoning Laws of the Town of Wappinger 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." ~' 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..." REQUIRED: REAR YARD: ~~' ft. SIDE YARD (LEFT): .~O ft. SIDE YARD (RIGHT): ft. FRONT YARD: ft. SIDE YARD (LEFT): ft. SIDE YARD (RIGHT): ft. WHAT YOU CAN PROVIDE: ~.3 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. Very truly, Barb a Roberti Zoning Administrator Town of Wappinger 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: O Residential ZONE: 2 -~(7 DATE: I~ ,a O New Construction O Commercial APPL #: ~3 f ]59 pER1yITc # O Renovation/Alteration ,Multiple Dwelling GRID: ~ a ~'j 8 - (} / - ~ ~0 9~ y ~ C-~~N~ APPLICANT NAME: ~ ~ ~ V2l.~/~ (,~ , ADDRESS: ~ •~ Jj'i.i.~s t/ J ~~~~ TEL #: 8 ~/S - ~~i7 ° ~ tZ~ CELLaIp~ ,f(~3 ' FAX #: E-MAIL: L ~,~ C_ C~ -~-~-si..r, ~~ ~/~3 (~36 ~ NAME OWNER OF BUILDING/LAND: ,,~ ~ L ~~-~1 ~`-'~ (~,~ylyl~ ~ Q~j~~~ *PROJECT SITE ADDRESS*: MAILING ADDRESS: TEL #: CELL: FAX #: E-MAIL: BUILDER/CONTRACTOR DOING WORK: COMPANY NAME: ADDRESS: TEL #: CELL: FAX #: E-MAIL: DESIGN PROFESSIONAL NAME: TEL #: CELL: FAX #: E-MAIL: APPLICATION FOR: ~,~ ST1A'L~~"~ ~ (' ~-L ~ J ~ S'+ ~p ~3-~-( ~~~ ~~ SETBACKS: FRONT: >- SIZE OF STRUCTURE: -S ~ '1n ~-i'( ESTIMATED COST: ~~-'`~ ~ .~ L-SIDEYARD: TYPE OF USE: ` R-SIDEYARD: NON-REFUNDABLE APPL. FEE: / ~ PAID ON: 4 ,~ CHECK # «~ f RECEIPT #: )~ ' ~ `{ ~~ BALANCE DUE: APPROVALS: ZONING ADMINISTRATOR: O Approved O Denied Date: PAID ON: CHECK # RECEIPT #: Signature. Applic~~ FIRE INSPECTOR: O Approved O Denied Date: Signature of Building Inspector CODE ENFORCEMENT Susan Dao X126 Sal Morello, III X142. FIRE INSPECTOR Mark Liebermann X127 ZONING ADMINISTRATOR Barbara Roberti X128 BUILDING DEPARTMENT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-6256 FAX: (845) 297-0579 OWNER CONSENT FORM SUPERVISOR Barbara Gutzler TOWN COUNCIL William Beale Vincent Bettina Ismay Czarniecki Michael Kuzmicz TO BE FILED WHEN THE APPLICANT IS NOT THE BUILDING, SITE OR PROPERTY OWNER BUILDING PERMIT # APPLICATION # 3 ~ 7~ 9 SITE LOCATION: ~ /~ J 1'l-c'~ta~~ C-~~ Wf~'~~~ ~~.0 ~ Id-S~'1 J GRID: # ~o ~~ $' - o l - l b~ g 9~5`~ Name of APPLICANT: ~ ~ ~ ~~„2..i ~~ (Person PHYSICALLY coming in to apply) (IF other than the Owner) CERTIFICATION NOTICE TO APPLICANTS: 240-109 Certificate of Occupancy It shall be unlawful for a building owner to use or permit the use of any building or premises or part thereof hereafter created, erected, changed, converted or enlarged, wholly or partly, in its use or structure until a Certificate of Occupancy shall ]lave been issued by the Building Inspector and the Zoning Adnunistrator. FAILURE TO COMPL Y MA Y RESUL T IN CO URT PROCEEDINGS. I, ~ [;e('~.2ii t~ ,owner of the land/site/building hereby give my permission for the Town of ld'appia'tger to approve or deny the above app/ication in ac a~ with local and state codes and ordinances. i( a Date Own igny~ Owner's Telephone Number t Name Print Owner's Address / ~j ~ FOR OFFICE USE ONLY Code Enforcement Official: TU~'N OF ','4~APPINGER ~,~~,~,,, ~"' ~^; ~ !k ~ ! - U::~,11• STf?:1~TUkE TC, 8: ~,CUEU Y N ~'E 2• .A.9EL iT5 Ul l•IEN,SIU~di _=.9EL ST~t~~=G~ 1;9'.-:/+itF,v5^.'S EUIL~ING F'ERf.AIT t°r_ LGCATION N 5 SIDE-_ E W HOUSE NUMBER LCiT iJUl~;BER OWI~lER OF Lf~t~lD INTEP.IOR OR CORF.tER LOT DATE ,Ya P.car S'zrrd STREE~~,t~VENUE REC. VOL. PAGE ZO-JE s>;an;~.L~d HcUSE sideY~a a v S.ct Bask - --- It Neareai 5ttecl _ ' ft, hontege _ Ft. `, i i ~ h!lark Norih Polnt Informdiion Supplied by N:areat Street Q. I-~DiCATE L'JC.4TiC)N ci J~'FJ L and SEVvAGE S1'STECt~I ' snd THE' JlST1~NCE of L• 1=.CH FROM HOUSE STREET *~~**PLEASE SHOW DISTANCE FROM NEW STRUCTUP.E TO BOTH SIDES OF PROPEP.TY AND ET 1'HrR PE/~R OP. FRONT PP.OPFF,TY L1a~E, WH7CHEVI;R APPLIES*~:t~: N J • N v -~ ~- . 53.2' P4~~ ~sx~~' -~,~-~- ~3 Y. ).a ~~ 4 ti~'4 ~ t~~ - "53'34"W ~v _ .~ .'rl X8.62' ~^ 661 ~~ . ~'~j .- ~~i ~ '', ~'~ 6°~ ~ ~o~. z l~j ,} ~ ~ ~~ ~' o. ~ p ~ 1 `~ • o, h'a ~~ ~ lp A~ /, \ /~ ~ d `` ~ Nay ~ ~~~ ~ ~, " IDutchess County Web Mapping Page 1 of 1 11 24 41)Tt http://gis.dcny.gov/parcelaccess/default.htm 7/18/2012 Navigation Toolbar Identify Parcel Address Lists (Prima Owner ry ) Coordinates © ~ • ,` y ~ ';o;. Buffer(ft): 100 E. Long: t~~~n _ :.~~ ®~/~ ~ • 52"Deep • 8" ,R~bbed Steel Tc -~ ~ 40 Year War'reinty. • 20 Gauge ...~.: 1 I .~~~~ we are proud to introduce Sharkline pools! The most famous name in the pool industry has developed an exclusive line for Namco/ BranchBrook! 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