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13-7486f TOWN SUPERVISOR Barbara Gutz_ler ZONING ADMINSITRATOK Barbara Roberti ?128 LONiNC SECRETARY Sue Rose X 122 April 10, 2013 TOWN OF WAPPINGER ZONING BOARD OF APPEALS 20 MIDDLF_BUSH ROAD bVAPPINGGRS FALLS. NY 12?90 845-297-G2j6 To: ~e Ftrnr Town Clerk From: Sue Rose, Secretary Town of Wappinger Zoning Board of Appeals Re: Harlin Decision Appeal No. 13-7486 Zoning Board of Appeals Ho~~ard Prager. Chairman Tom Dellacorte .AI Castilla Robert Johnston Peter Galorii '~ ~~n~~1 Attached you will find the original Application/Decision & Order for Richard & Laurie Harlin, 4 Nicole Drive, Wappinger Falls, NY. Tax Grid No. 6257-03-376405. I would appreciate it if you would file these documents. Attachments cc: Richard & Laurie Harlin My Way Home Improvements Zoning Board Town File Building File Jim Horan G~I~C[~CI~JCD APR 1 0 2~i3 TOWN OF WAPPINGER TC~W ~ ~~-~~~ e ~lrr+ `~" TOWN OF WAPPINGER P.O. Box 324 ~ 20 MIDDY--EBUSH ROAD WAPPINGERS FALLS, NY 1 2590 Zoning Board of Appeals q' Office: 845,297.1373 ~ Fax: 845.297.4558 Zoning Enforcement Officer ~~~ Office: 845.297.6257 ~'j 1 ~ www.townofwappinger.us V`1~/AI application for an Area Variance Appeal # ~ ~ _ ~ y ~ ~ 1, Record Owner ~; ~ ~~~~~"v ~ Z Address /~J'' ~ ~ ~ ~ fyl j7 Phone Number - ~ Signature: ~ ~ Owner Consent: Dated: 7 1 printed: ~J 4~' ~ Premises located at _ 3 _ O S Tax Grid # ~ Zoning District ~,/,,' l !rl -~i l'l ~`'' ~ n of P operty Dated: °? / `~ TOWN OF WAPPINGER, NEW YORK: TO THE ZONING BOARD OF APPEALS, ~~ ~~~ ~~,/', e ,residing at hone), hereby appeal I(We), , -317 (P to the Zonin oar of Appeals from he decision/aclti fo °anharea va gandc (Sn)istrator, dated ~ ~ °~ ~ , 20~~ ~ and do hereby app y Z. Variance(s) Request: Variance No. 1 eats for a variance(s) of the following I(We) hereby apply to the Zoning Board of App requirements of the Zoning Code. (Indicate A~ticl~e,.SACnion Required: Applicant(s) can p vide: Thus requesting: _~ To allow: Subsection and Pa~~rag ~~~~ ~ ~~ _ ~ ~ ` l O\\'022713A-AA\~ (4-03 Rc~~) I of 4 Town ofVdappinger Zoning Board of Appeals Application for an Area Var~~ce Appeal No. 1 ~- Variance No. 2 eats for a variance(s) of the following I(We) hereby apply to the Zoning Board of App requirements of the Zoning Code. ~/~ (Indicate Article, Section, Subsection and Paragraph) Required: Applicant(s) can provide: Thus requesting: To allow: eal Please substantiate the request by answering the following questions in 3, Reason For App ( 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 an of those changes be negative? Please explain your answer in detail. / /l I l~1 l ~ o ~ i d ~. e B. Please explain why you need the variance(s). Is there any way to reach the same result .~~_,,,- ~ .,arianrP(S~? Please be specific in your answer. h, D. If your variance(s) is(are) granted, will the physical environmentalo~ ~ ditioot in the neighborhood or district be impacted? Please explain, in detail, why Y TO~'~'022.7BA-AAV (4-03 Rev) 2 of 4 C. How big is the change from th lease explaine in detail,hwhy it is not substantial uc~~~u ~, ~~ variance(s) substantial. If not, p /~ ~j ~ ~- in er Zoning Board of Appeals Town of Wapp 9 Application for an Area V riance Appeal No, ~ ~ our need for an area variance(s) come about? Is your difficulty self-created? Please E. How did y explain your answer_in detail. ®~i^ ~' , e~ r ~~ //1 I .A /~ w /! Aw ~1/ A II licable information) 4. List of attachments (Check app ~ ~ ~ , L st Revised and (/) Survey Dated ~~ ~ `~ ~/_ - ~ jn~ ,.JUIV~c,~ Prepared by ~' ~ ~ " PG. ( ) Plot Plan Dated () Photos U~~'v~C ~~i~ hi ~ l/ ~~ N (/) Drawings Dated ,~ ~~~~~ 3>~ ~~ Letter of Communication which resulted in application to the ZBA. endation from the Planning Board/Zoning Denial) ~/~ '~/~,3 (e.g., reco~ Dated: Letter from Dated Letter from ._- ( ) Other (please list): 5. Signature and Verification Please be advised that no application can be deemed complete unless signed below. licant hereb states that all information given is accurate as of the date of application. The app ~ y ~„L~ SIGNATURE Appellant) ~v' 9n-e ~~~ . ~~~ /~ SIGNATURE ellant (If more than one pp ) DATED: ~ ~/ DATED: "(()A~~0?2.Z.13A-.~AV (4-U? Rcvl 3 of4 Is your property unique in the neighborhood that is needs this type of variance? Please explain FOR OFFICE USE ONLY 1. THE REQUESTED VARIANCE(S) ( )WILL / (X) WILL NOT PRODUCE AN UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD. 2. ( )YES / (X) NO, SUBSTANTIAL DETRIMENT WILL BE CREATED TO NEARBY PROPERTIES. 3. 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). 4 THE REQUESTED AREA VARIANCE(S) ( ) IS (ARE) / (X) IS (ARE) NOT SUBSTANTIAL. 5. 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. 6. THE ALLEGED DIFFICULTY ( ) IS / (~ IS NOT SELF-CREATED. CONCLUSION: THEREFORE, IT WAS DETERMINED THE REQUESTED VARIANCE IS (~ 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 voted to grant a 2 foot side yard variance for a 20 x 16 foot open deck. Where 25 feet to the side yard is required,the applicant can only provide 23 feet. ( )FINDINGS & FACTS ATTACHED. DATED: April 9, 2013 ZONING BOARD OF APPEALS TOWN OF WAPPINGER, NEW YORK BY: hairma ) PRINT: 1~~~~ ~~~2 ~~rr+' `~ 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 a licant is not the buildin or ro ert owner s ? ..'~~~ Date: Project # Grid # ~ ~ 5 ~ ~ ~ ~ 7~~G y Zoning District: Location of project: Name of Applicant: Print name and phone number Description of project: owner of the above I ive ermission for the Town of Wappinger to approve or deny the above -and/site/building hereby g' p application in accordance with local and state codes and ordinances. Date Owner's Telephone No. Owner's Signature Print 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. "IY>W03 ~.BD-UCN (7-03 Rev) I of 1 r ' ~_ 1 ~ ~ L,' ,~ , l~ Town of Wappingers 20 Middlebush Road Wappinger Falls, Ny 12590 To Whom IT May Concern: July 18, 2012 Re: Authorization Letter We, Mr. & Mrs. Richard Harlin, give our authorization to My Way Home Improvements, Inc., Tony and Lisa Niemiec, to apply for ail necessary permits and variances for Deck to be done at the above mentioned address. If a variance is needed, We, give them full authorization to appear before the Board in our place. T`^a:~k you. 'w.+"' Mr. ~ Mrs. Richard Harlin 4 Nicole Drive Wappinger Falls, Ny ~ 2590 Mr. & Mrs. Richard Harlin %~• ~a~ ,~' PROJECT ID NUMBER PART 1 -PROJECT INFORMATION 1, APPLICANT /SPONSOR !~ `..~ s1~.2o 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 3.PROJECT LOCATI nU, ,~ i~~~ > / (/ ~ ~~ W /" County // Municipality `~ ,v 4. PRECISE LOCATION: Street Addess a~Road Intersections, Prominent landmarks etc -or provi a map ~~~ ~ Ex ansion ^ Modification /alteration 5. IS PROPOSED ACTION : New ^ P 6. DESCRIBE PROJECT BRIEFLY: L ~ ~ ~ x ~ (a ~ a~~ 7. AMOUNT OF LAND AFFECTED: V ~v " 7 ' Ultimately acres Initially acres 8. WI PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? Yes ^ No If no, describe briefly: SEAR g. AT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ^ Other describe) ~Resideniial ^ Industrial ^ Commercial ^Agriculture ^ Park / Forest l Open Space ( 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, AGENCY (Feder State or Local) royal: ^Yes ~ If yes, list agency name and permit /app NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL 11. DOES ANY A ECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ^Yes No If yes, list agency name and permit /approval: A R LT OF PROPOSED ACTION WILL EXISTING PERMIT / APPROVAL REQUIRE MODIFICATION? ~o 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE n~,o. , Applicant /Sponsor Name !/ If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment a,~ l/e~ o~ ~~ ~f~ ~ S~I(5 - V~IrP Yn ~.~Sti~ ~~~ ~~e~ Il,i t} ~'~~- ~i~ ~~~~~ ; ~~ 1 ~iD f ~~"- t~ ~~- ~o~, ~,~s fF~r~ V in~~.~5 ~~~ ~~. ~~ ~~~' ~. ~~~~ ~l ~~y~~ ~~~ ~ r ~~/~ ®`+... ~~ t~ G~9~ ~ ~~ %. ~'4-'~+ ~d~~ ~ ~s~ ~ ~,~1 {~~ i ~J~~~~ ~~~ ~~ ~ ~ ~'~.-~ ~rf ~.r.~~,` -~ o ~~ ia~""+p~ ~if~'~~~ ~ ~_y ~~~ ~. ~- -~'` L1 y= ~"0 `~~ ~ ~ ~~ /~/l!~ `~ ~~' i ~~ ~~~r-t~s ~~.-, .~ ~ ~ , ~ ~~~ ~ G ~~ J- ~' c ~%, ~ _ . ~ `. __ _- ICf , _- ~fj- -------,__- 1p . ti.a- - - - _ _ - ~~> C , r--°-- - -_ _-- _ _ ,~~ _ _- -, ~ -~ " ~ _, '~ ~ ~ 'rr l~' ~.~- J ~ t~ ~> ~ ~ ~y J~ ~A i ~ f 1 ~ y ~~4A \ ~ 1 ~~ - ~ . ~. l' ! f t ~: ~'M ~f~a.. _ _ _~', I " _~ ~ - ", r --~ / .,, .- r. ~ - , ~ .~,