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13-7481i~(~~~~~ ~t~l>~x~~lu~K 13arbar.i (~~riVJc'r %U!~'11'C ;1U111IVti1.1RATOR 13arh:ua Roberti ~ 1 ~8 LO~'1'VG tit:( RF:T,-~Rl' tiur Rozr \ 1?'' June 17, 2013 T®~-?~'N OF ~'~' ~PPII'1TGER ZONING BOARD OF APPEALS ~u nnn~t_uit~sll ri)~t~ sa ~-~~,,-t,~w To: Christine Fulton Town Clerk From: Sue Rose, Secretary Town of Wappinger Zoning Board of Appeals Re: Anthony & Nina Mari Appeal No. 13-7481 7_onin~t Board of ,4plieals l lo~~ard 1'ra~~er. Chairman l-om Dcllac~~rte Al ('asella Rc~hert Jc~hnstun Peter Galotti Attached you will find the original ApplicationlDecision & Order for Anthony & Nina Mari, 12 Barbara Lane, Wappinger Falls, NY. Tax Grid No .6156-02-556828. I would appreciate it if you would file these documents. Attachments cc: Anthony & Nina Mari Zoning Board Town File Building File Jim Horan ? ~, ~~ I ~_ ,~ ~ -, JUN 1 ~ ~Ji3 ~' TOWN OF WAPPINGER P.O. Box 324 ~ 20 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 ~~~ ~~ a l~~l Application for an Area Variance Appeal # ~ ~ ~~~ ~1 60 - Dated: ~ ~ ~ ~~ NEW YORK: TO THE ZONI;~ OARD OF APPEALS TOWN OF WAPPINGER, ~~ ~ ~"~,~},2/ residing at ~Y ,fin- ,O~L,Q ' I(We), /~~ ~~~ ~~~~(, ,~f (phone), hereby appeal 5 tot e Zo ng Board of Appeals from the decision/action of the Zoning Administra or, 200._, and do hereby apply for an area variance(s). dated j y., A,,,,~ ~A ~,~/ Premises located at `. O r`5- ~a Tax Grid # Zoning District ,.9w~~~.~ y /~l,~rLi 1, Record Owner of Pr erty 1~ l Address 'Y ' Phone Number '~~-~-~ ~~ Signature: ~`~ Owner Consent: Dated: printed. ~~~ ~'' ~~ 2. Variance(s) Request: Variance No. 1 g eats for a variance(s) of the following I(We) hereby apply to the Zonin Board of App requirements of the Zoning Code. ~lndicate Arbc Required: ~- Applicant(s) can Thus requesti To allow: ,dam .~ Section ~~bse~~~~ d Dpi p~`ovide: `j',,~; rc~~~~o~z.z~3.a-nw ~a-u; a~~> > ora ,' Town of Vdappinger Zoning Board of Appeals Application for an Area Variance Appeal No, t3-J~/~,~ 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. ~- n~ ~e ~ G1 +~~ f3~ M~'I ~k~~~lnp~ ~~NF Ca poi - (Indicate Article, Sec Required: ~ ~ '~°~ Applicant(s) can proeYid ,: Thus requesting: vA~~A'^~~'Q'' To allow: Cb~''n°~ ~ 3. Reason For Appeal (P/ease 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. ~~ . i r e 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. 5 ct~on aid Par graph) ~_ G~ u£ 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. 'I 0~~,'022.713A-AAV (4-03 Re~~) 2 of 4 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. Town of Wappinger Zoning Board of Appeals Application for an Area-~ ,V,_a_~~ c 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. ~. F. Is your property unique in the neighborhood that is needs this type of variance? Please explain your answer in detail. l ;~ ~„ ~„~'~ Kt/p~.v r ~ ~ (~ p. ~'Qk~ ~ut /,~,~2 ~'~' /Dfs v ~ZO ~ So Gt.Pi _I' .LjD~ C7A ~ / Lv'' 4. List of attachments (Check applicable information) ( ) Survey Dated Prepared by _ Last Revised ( ) Plot Plan Dated ( ) Photos ( ) Drawings Dated ( ) Letter of Communication which resulted in application to the ZBA. (e. g., recommendation from the Planning Board/Zoning DeD ted: Letter from Dated Letter from ( ) Other (please list): 5. Signature and Verification and 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. `6~%ll~t~ DATED: l 5"7 / SIGNATURE SIGNATURE (Appellant) (If more than one Appellant) DATED: ~Y1WO22Z(3A-AAV (4-Oi Rcvj 3 of4 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) / (X) 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) / (~j I5 (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 fora carport. Where 15 feet to a side yard is required, the applicant could only provide 13 feet. The variance is granted with the stipulation that one shed is removed within 30 days. ( )FINDINGS & FACTS ATTACHED. DATED: June 11, 2013 ZONING BOARD OF APPEALS TOWN OF WAPPINGER, NEW YORK BY: ~ / /' (Chairman) PRINT: /~~~'~~ ~2~G~~c' PROJECT ID NUMBER 1 ` PART 1 -PROJECT INFORMATION 1. APPLICANT/SPONSOR 617.20 SEAR 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 LO~~ N: ~~~ %~u~~ c,~ Y County ~(/ nicip lily 4. PRECISE L CATI :Street Addess and Road Intersections, Prominent landmarks etc - or provide map 17- ~~'~'zA ~ ~ G/P~r,~ov ati- 5. IS PROPOSED ACTION : New ~ Expansion ~ Modification /alteration 6. DESCRIBE PROJECT BRIEFLY: // ~ ' ~x~ y 7. AMOUNT OF_I.AND AFFECTED: acres Initially J~~ ° acres Ultimately 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTH R RESTRICTIONS? / ~ I ~~~ Yes ~o If no, describe briefly: ~~'~ /'a / ~ ~~ ~ l g, W IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) Other describe Residential ~ Industrial ~ Commercial ^Agriculture ~ Park /Forest 1 Open Space ~ ( ) x 10. DO S ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGEN Y (Federal, State or Local) es ~ No If yes, list agency name and permit !approval: 11. DOES ANY A PECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ~o If yes, list agency name and permit 1 approval: X 12 AS A R ULT OF PROPOSED ACTION WILL EXISTING PERMIT / APPROVAL REQUIRE MODIFICATION? ~l'es No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF AAY KNOWLEDGE Date: / //~ Applicant 15pon Name C~%~i~ _ (/ 3l ~~ Signature -- - If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment l7 TOV~'N OF WAPPINGER BUILDING UEPARTI~IENT 20 Middlebush Road, Wappingel-s Falls, N.Y. 12590 telephone: 845-297-6256 fax: 845-297-0579 AI'I'LICATION 'I'YI'E: O New ConsU•uction O Renovation/Alteration APPLICATION FOR BUI O Residcutial 70NE: ~ ~~/~ O Commercial APPL #: ~ Q ~~ O Multiple Dwelling GRID: APPLICAN"r NAl\1E: ~~. ~ /~ CJ °y ADDRESS: / ~____~~~~~~~``~ 'TEL #:~~~ _~ ~~> //~/ CI~LL: NAI.1E UV1'NER OF BUILDING/LAND: *PROJECT SITE ADDRESS*: /~ MAILING ADDRESS: "TEL # CELL: BUILDER/CONTRACTOR DOING WORK: COMPANY NAME: ADDRESS: TEL #: DESIGN PROFESSIONAL NAME: TEL #: CELL: _ APPLICA"rION FOR: FAX #: E-MAIL: E-MAIL: SETBACKS: hRONT: _ SI7.E OF STRUCTURE: ESTII\1ATED COST: TYPE OF USE: NON-REFUNDABLE APPL. FEE~PAID ON:I -/~-~~HECK # / / ~ RECEIPT #: Le,=~'~ ~~ P~~ ~ _P~ DUE: ~ 5 O PAID ON: _ CHECK # `` RECEIPT #: APPROVALS: 70NING ADA71N[STRATOR: O Ap~ ved (~ Deti e~ -Date: / ~'-~ ~ "~ .; ~~~~r ~, ~~'~/~Y IgIIAtUI'C UI l~pllC:tllt CELL: /~~ r-- ~ FAX #: dE,,~ 1'+r,'~ . FAX #: FAX #: LDING PERMIT DATE: f ~/ ~-/~ PER1\11'I' # E-M Al L: E-MAIL: REAR: L-SIDEYARD: R-SIDEYARD: FIRE INSPECTOR: O Approved O llenied 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 ~~'HEN TILE APPLICANT IS NOT'TIIE BUILDING SITU OR PROI'ERTI' O~~'NER BUILDING PERMIT # SITE LOCATION: APPLICATION # _ y ~ ~ l Name of APPLICANT: ~~ fl 1'h; (Person PHYSI Y coming in to apply) (IF other than the Owner) CERTIFICATION NOTICE TO APPLICANTS• 240-109 Certificate of Occupanc~~ It shall be unlawful for a building owner to use or pernltt 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 have been issued by the Building Inspector and the Zoning Administrator. FAILURE TO COMPL Y MA Y RESULT IN COURT PROCEEDINGS. h /~,c,~ ;y ~ ,~ ~~ ~~~ 2/ ,owner of dtc IuncU.cite/building ltereby give my perniissioii for the Tof>>n of 1~1'appinger to approve or• derr~~ the above application irr accord ce will: to u! a~ state codes curd ordinances. ~ ~~~~ Date k~s' n ~~~ i/~ 1 Owner's Sigt~fzre /~w~~c~~ ~~~~? ~ Owner's Telephone Number Print Name / Print Owner's Address FOR OFFICE USE ONLI' Code Enforcement Official: ~E{JIED IAN ~. 5 2012 - ------ -- % ~ l~ `; I ~. ~'~.l ~~~~'~~ `~ TO~~'N OF `-~'APPp~I~,jNGER ; ~~1~~iUr~S: ~1 ~~ Y`a ~' - 'v::HVJ STI:U_TURE TG B_ J:!:~~D 'e- L:.6EL iT5 G1FI~NS1~rtS _,- _-.6EL 5~'~f,KS ~^;I`r: f,RRv~".'S PUILDItdG PERh~1T x_- 'D~~ATE LCXAnGN N 5 SIDE--- - ~/ HOUSE tdUMDER / ~ LGT i~UI~iBER OWi~lER OF L~,EJD ~~1-y~~J ~ N'' fJ~ INTEP.IOR OR CORtdER LOT ~ ~~~ ~ s~~.~ a ~~~J e, ~~ X~~/ Neareai 5treel O `~ _ Ft. STREE3,~f~VENUE REC. VOL. PAGE ZO1~IE - ~~~ /~^ ~Z ~ ~L~~ P.car Yard ~ • ~ ~'~ I 1./~ Side -:~'d HC)U5E Sideyard j ~ J ~ ~-----~ ~~ --- Set Back ~~-/ --- ~ i~~G ft, 4TOntege i~~~ x j`i~l~ ~~ ~ X Np eat Street ~(7 ~: ~. It~~{GATE LOCATION o{ '~'FJ L cnd SEV1rAGE SYSTECV! ~, end THE ~DlSTI~NCE of E/tCH FF:OPrI HC)USE ~ , ~, In{onnafian ~ -r'/1 -~ /1~// ' ~ ~9~p ~ ~~ Supp{tad by ` ~~/ T/ v 7 wllark North Polni *%~**PLEASE SHOW DISTANCE FP.OM NEW STP.UCTURE TO BOTH SIDES OF FROPEF.TY AIQD EI TI~rF. RF~:P. OR rROIT FF.OPLF.TY LIP~E., G:NI CNFVER /~Pi LIrS `^' ED APR 1 ~ 2011 TOWN OF WAPPINGER ASSESSOR'S OFFICE DU'~'CHESS COUNTY CLERK RECORDING PAGE RECORD & RETURN TO: NIKI PAGONES 2610 SOUTH AVE WAPPINGERS FALLS NY 12590 RECEIVED FROM: REGENCY GRANTOR: TURNER PAMELA GRANTEE: MART ANTHONY RECORDED: 02/01/2004 AT: 10:44:57 DOCUMENT #: 02 2004 2008 RECORDED IN: DEED TAX INSTRUMENT TYPE: DISTRICT: WAPPINGER EXAMINED AND CHARGED AS FOLLOWS: RECORDING CHARGE: TRANSFER TAX AMOUNT: TRANSFER TAX NUMBER: #005353 E & A FORM: Y TP-584: Y 94.00 NUMBER OF PAGES: 4 960.00 ~'C~.~'N t:~;r W~PPINCER ~'~,~ti~is:;;:a0~'S OFFICE ~~~'~.Y~d~ILb~sh 13oad :"~%:~~Ir~~ers Falis, N.Y. 12590 iiiiini~iii~ii~iiiiliiii~iiii~~~iiiiii~~iiitiiiiiiii *** DO NOT DETACH THIS *** PAGE *** THIS IS NOT A BILL COUNTY CLERK BY: TYP f RECEIPT NO: R09503 BATCH RECORD: B00045 tandard N. Y.D.T.U. Form 8001 Bargain and Sale Deed, with Covenant against Grantor's Acts • Individual or Corporation (Single Sheet) Concult Your Lawyer Be[ore Slgning Tfiis fnslrument • This Instrument Should Be Used Dy Lawyers Only. + ~i~ THIS INDENTURE, made the 31" day of December, Two Thousand and Three ~ ~~,() BETWEEN PAMELA TURNER ,~ ~ ,~ ~~°I Residing at 12 Barbara Lane, Wappingers Falls, NY 12590 (_.,, / S party of the first part, and ANTHONY riiARI and NINA MART, husband and wife ~ { OSC~ Residing at 51 Poplar Avenue, Bronx, New York 10465 party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with, the buildings and improvements thereon erected, situate, lying and being in the Town of Wappinger ,County of Dutchess, State of New York as more fully described in SCHEDULE "A" attached hereto and made a part hereof. BE1NG THE SAME PREMISES conveyed by Osborne Hills, Inc, to Robert H. Turner and Pamela Turner by deed dated October 5, 1961 and recorded October 16, 1961 in Liber 1067 of deeds, at page 266 in the Office of the Dutchess County Clerk. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. At3D the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any wax whatever, except as aforesaid. AND the party of the first part, in compliance with Section l3 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duty executed this deed the day and yeaz first above written. IN PRESENCE OF: PAMELA TURNER fi STATE OF NEW YORK } )SS: COUNTY OF DUTCHESS) On the 3I" day of December in the year 2003 before me, the undersigned, a Notary Public in and for said state, personally appeared PAMELA TURNER personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that his/her/they executed the same in his/her/their capacity(ies), and that by his/herltheir signature (s) on the instrument, the individual (~ the person upott behalf of which the individual {s) acted, executed this instrument. otary Public DEANA M. TAMBASCIO Rotary Publio, Btate Oi Nsw `Ibrk No. 017A80 ess Courtly Ca umtnlsafort ExPD 1tn X117, 200¢ BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS TITLE NO. 03RF-5652 PAMELA TURNER -to- RETURN BY MAIL TO SECTION 135689-6156 BLOCK 02 LOT SS6828 COUNTY Dutchess ANTHONY~I~iARI and NINA MART Niki Pagones, Esq. 2610 South Avenue Wappingers Falls, NY 12590 Y- SCHEDULE "A" Title #: 03RF-S6S2 ALL~t certain plot, piece or parcel of land situate, lying and being in the Town of Wappinger, County of Dutchess, and State ofN~w York, known and designated as Lot #6, B~c~C A on a certain map entitled, "Plan of Subdivision., Fleetwood Manor, Town of Wappinger, Dutchess County, NY" dated October 20, 19b0 made by Eustance and Horowitz and filed in the Office of the Clerk of the County of Dutchess on February 3, 1961 as Map #2956. .~ f' ~ v. ~~~ ~~ >C1,i-24~~ ~ `~ ~1~ .~ ~.. ~ ~ ~ ~-~ _ _--- ~ 5 ~__ __ _ , ~ _ r __ ~ , f" ~ i I I I I (I ~; ~ NPR J J' /~„ n l ~J ^~ J ' ,~;i ;~ l r ~ ~j~i r ~ OL, / n:n_C ~~ Lf/,~ ~l ~ , G y~'~.r ~' /~, ~i ~ ~ /ay5_e. ~ 5 ~ X ~ /, , , 1 ~. ~r~t j , `~~I/ rc/lc. /~i ~ !! ~ r ,1 j ~ QA~~~ Cam! rl~~~-~-... / N, 7 f~ ~~1- Vii',; ~,~_ ~~~//~ / '' fly. `~~~ ~ -~ a' ~r~~~~~~ , L~ ~-; /1, ~~ ~ -~ ~/ 3 C ~ kyf2 r~ :~'~~,~ ~ /~/crr~i~~1~ ~' ~~ ~~~ 3 ~..t , /ti ~=~ ~~o ffu( /2 _~~~ j~J .~ ~ L t /,~ ~ ~9 f ~~~ „! ~ //1 ~ '~~// /~,. _ r ! ~ ! ~ I -- _ _ \ _ _.___._ z ! _ ._ . ~ _ .. ___ j~~_ __._ ~I~o~~~ M_ ....._..._._..~._._.........._---------~ ' +. ..~._..~.._._....s ~--......._ l ~ ~~ _.~ -~ _.. _._-.~ i ._. ;;~ __ ,~~ ,~` /` /~ ,. //,// J ~ J/ %~ -- ~,,U: ~° .._._ ~ F _ _, ~, ~,~., ` rte,{ / a' ~'!/ G.~ ~: ~Li~ ~ _G`rl 1 +i i~ ~ j <• ~ ~~r ~ i - _I i .-- - t I f p ~ i Iii 1 ,~ ~ s f J vl /l7~1 J J~f II,~ .Cy , 1~~yi~~ ~~'~'~ ~2. 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