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.
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