13-7495
fO~1 ~ tit !'EKE ISOl~I
Barbaro GuV_ler
!_ONI'V'G AD~~lln'.til'1RATOK
Barhora R~,hrrti ~ 1 ~8
LU:~'f.1G tif'.CKt•:T.aKI
Sn~ R~~u• \ 1?''
July 23, 2013
TO~'~'N OF ~'VAPPINGER
ZONING BOARD OF APPEALS
~u nnn~t.l_13u.51I rc~:~r~
To: Christine Fulton
Town Clerk
From: Sue Rose, Secretary
Town of Wappinger Zoning Board of Appeals
Re: Frank Porter
Appeal No. 13-7495
Zoning Board of Aphials
Ilo»,trd Pra~~er. Chairman
~hom Llcllacort~
~~I CaseJla
Rohe.rt Johnston
I'cter Galotti
_o ~~a~~~
~~
4 2013
JUL 2
W APPINGER
TOWN ®~ ~L~FZK
TO
Attached you will find the original Application/Decision & Order for
Frank Porter, 398 Maloney Road, Wappinger Falls, NY. Tax Grid No. 6259-
02-951801. I would appreciate it if you would file these documents.
Attachments
cc: Frank Porter
Town File
Building File
Jim Horan
\.r+~
`1w''
TOWN OF WAPPINGER
P.O. Box 324 -- 20 MID~LEBUSH 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 an Area Variance
Appeal #~~ ~~
Dated : /
TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK:
residin at ~~
I(We), ~~~_ C?~~ (phone), ereby appeal
to the Z ing oard of Appeals from the decision/action of the Zoning Administrator,
200._, and do hereby apply for an area variance(s).
dated
Premises located at ~ 9 ~ U ~
Tax Grid # ~
Zoning District
~Irr~n I~ f~ r~l-~,r
1, Record Owner of Property ~,.~---~--
Address
Phone Number ~ -j Signatu
Owner Consent: Dated: print
2, 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- i - 1 ~~ ~
T (Indicate Art- 1
Required: ~v
Applicant(s) can provide:
Thus requesti~ ~~
To allow:
e, Section, Subsection and Paragraph)
Tp\\'0?2.7_DA-AAV (4-03 Rc~~) 1 of4 l
1
\/ `~.~
Town of Wappinger Zoning Board of Appeals
Application for an Area Va~r~i_a~e~
Appeal No. ~1
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.
(Indicate Article, Section, Subsection and Paragraph)
Required
Applicant(s) can provide:
Thus requesting:
To allow:
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~ II an) of those~changeslbe negat ve? release explanoyo~~ a~swerib detail.
properties change. Y ~ ~ i , ~~ A I
B. Please explain why you need the variance(s). Is there anyway to reach the same result
without a variance(s)? Please be specific in your answer. i n ` ~
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(srict(be im ract d? Please explal nal inndetail,nwhy or why snot in the
neighborhood or dist P ~ j ~
TOVJ022.7BA-AAV (4-03 Rev) 2 of 4
"+~
Town of Wappinger Zoning Board of Appeals
Application for an Area a~~i~~,
Appeal No. y
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.
~ys o n lu ~r~ y~ fro ~~-- c.,l I^x r
4. List of attachments (Check applicable information)
( ) Survey Dated
Prepared by _
Last Revised and
() Plot Plan Dated
( ) 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
( ) Other (please list):
5. Signature and Verification
Please be advised that no application can be deemed complete unless signed below.
The applicant ereby stat h t II inf r ton given is accurate as of the date of application.
DATED• ~ /~
SIGNATUR
(Appellant)
SIGNATURE DATED:
(If more than one Appellant)
TOW022.Lt3A-AAV (4-0; Rcv) 3 of4
`9r/
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 / (~ NO, SUBSTANTIAL DETRIlVIENT WII.,L 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) / ( ) IS (ARE) NOT
SUBSTANTIAL.
5. THE PROPOSED VARIANCE(S) ( )WILL / (x) WILL NOT HAVE AN ADVERSE
EFFECT OR IlVIPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE
NEIGHBORHOOD OR DISTRICT.
6. THE ALLEGED DIFFICULTY (x) IS / ( ) IS NOT SELF-CREATED.
CONCLUSION: THEREFORE, IT WAS DETERMINED THE REQUESTED VARIANCE IS
(x) GRANTED ODENIED.
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 a 23 foot variance for an above ground pool
with no deck. Where 50 foot rear yard set back is required, the applicant could
only provide 27 feet.
~~-. T ~ T
~~.~~1'~. `..
( )FINDINGS & FACTS ATTACHED.
DATED: July 23, 2013
ZONING BOARD OF APPEALS
TOWN OF WAPPINGER, NEW YORK
BY:
(Chairman)
PF.INT: ~cJ~i `~ y `I~~ ~~
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 aAVlicant is not the buildino or orooertv owner
Project # Jc3 ` ~ ~ 9J Date: 6 -1 ~~~
Grid # Zoning District:
Location of project:
Name of Applicant: 'f" ~ ~1r - ~---~ 7~ `' T `-"
Print name and phone number
Description of project: '("J~O ~ l ~
owner of the above
land/site/building hereby give permission for the Town of Wappinger to
application 'n accordance with local and state codes ar~i ordinan~s. I
l~ 1 ~~
ate
Owner's Telephone No.
deny the above
Z7wner's Signature
r r^
Print Name and Title ***
~ ~ D ~ r~ -~,4~IS rat
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.
Towo~3.-3n-ocF ~~-o~ a~~> > or i
. ~~./
s17.2o SEAR
PROJECT ID NUMBER APPENDIX C
2 ~ ~ ~ Q~ STATE ENVIRONMENTAL QUALITY REVIEW
J / SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
PART 1 • PROJECT INFORMATION (To be completed by Applicant or Project Sponsor)
1. APPLICANT /SPONSOR 2. PROJECT NAME
3.PROJECT LOCATION:
' ali i,J a t,,) ~~~ ~ County
MuniGp ty \
4. PRECISE LOON: Street Addess an Road Int rsec ns, Prominent landmarks etc -or, Qrov~de ~~~,'~ e _, (~l' ~
3~ ~~~ ~
5. IS PROPOSED ACTION : New ~ Expansion i ~ Modification /alteration
6. DESCRIBE PROJECT BRIEFLY: ~ ~ ~ \ ~~ ~~ ~~f
7. AMOUNT OF LAND AFFECTED:
Initially acres Ultimately acres
8. WILL PROPOS ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
Yes No If no, describe briefly:
9. W AT 15 PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
Other describe
Residential ~ Industrial ~ Commercial ^Agriculture ~ Park / Forest I Open Space ( )
10. D ES ACTT INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AG CY (F er State or Local) ~,
Yes If yes, list agency name and permit /approval:
11. DOES ANY A ECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
Yes o If yes, list agency name and permit !approval:
12. AS A , E LT OF PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION?
^1'es No
I CERTIFY THAT E INFOR ON PROVIDED OVE iS TRUE TO ThIE BEST OF Ail' KNOWLEDGE
Date:
Applicant / S,Ronsor Na ~ ~~
"T!J . 1
,~~ .
If the actions a Costal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
,Town of Wappinger*
20 Middlebush Rd.
Wappingers Falls, NY 12590
(845) 297-6256
To: Porter, Stacey J
Porter, Frank
398 Maloney Rd
For Property Located at: 398 Maloney Rd
Your application to:
INSTALLATION OF AIG POOL 15' X 20' - NO DECK
SBL: 6259-02-951801
Date of This Notice:6/18.'201
Zone: R40
Application #: 32336
is denied for the following deficiency under Section 240-37 of the Zoning Laws of the Town of
Wappinger
Where 50 feet to the rear yard is required, the applicant can only provide 27 feet.
"Accessory Structures must comply with all minimum yard setback requirements for buildings, but in no case
° shall they be permitted in the front yard.
o 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: WHAT YOU CAN PROVIDE:
REAR YARD: ~ ~ ft• o~ ~ ft•
SIDE YARD (LEFT): ft. ft.
SIDE YARD (RIGHT): ft. ft.
FRONT YARD: ft. ft.
SIDE YARD (LEFT): ft. ft.
SIDE YARD (RIGHT): 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 trul ~-~
~~~~ /e~
Bar ara Roberti
Zoning Administrator
Town of Wappinger
FAX #:
APPLICATION FOR BUILDING PERMIT
_11--L=- DATE: ~ l / "~
APPLICATION TYPE: O Residential ZONE:
O New Construction O Commercial APPL #: ~~~ PERMIT #
O Renovation/Alteration O Multiple Dwelling n GRID: ~
ADDRESS: ~7~
TEL #~: S 0 L -
*PROJECT SITE ADDRESS*:
MAILING ADDRESS:/
TEL #:~J ~~~ELL:
TOWN OF WAPPINGER BUILDING DEPARTMENT
20 Middlebush Road, Wappingers Falls, N.Y. 12590
telephone:845-297-6256 fax:845-297-0579
U FAX #: E-MAIL:
p ~ ~ ~ ~ Is nw
~ ~l !~
COMPANY NAME: t~~ (1 1 ~_J'~'/-Il%Y ~' y~-~ icy ~-~
ADDRES Sj:~~
TEL #: ~`1~ .SqD ~ ~ ~~ CELL: f J~I.~ S90 ~(D~ (p' FAX #:
DESIGN PROFESSIONAL NAME:
TEL #: CELL: FAX #:
APPLICATION FOR:
SETBACKS: FRONT~~[~ RE~~
SIZE OF STRUCTURE:
i
- E-MAIL:
~_~nS-~
- E-MAIL:
E-MAIL:
~_
CC~
~L~u
L-SIDEYARD: ~~C v'-!-"-SIDEYARD: ~,
ESTIMATED COST: ~ Ol ~ ~~~- TYPE OF USE:
/~
NON-REFUNDABLE APPL. FEE~~ /~ PAID ON: ~ /~ CHECK # CU. RECEIPT #: !~ ""7'10 ~ ~ '"
BALANCE DUE: PAID ON
APPROVALS:
ZONING ADMINISTRATOR:
O Appro enied Date: ~~~
ignature of Applicant
CHECK # RECEIPT #:
FIRE INSPECTOR:
O Approved O Denied Date:
Signature of Building Inspector
~ , ' ir,~+
0~'N OF '~'1APPINGER :,,~. , ,~,,
f~ ? - Cr;l+N~ STRUCTURE TG B'c EGGED
~' ~ ~ ~ ~' E,~ ~ 2- tABEL I75 UIwEr:510N5
3- '_r.BEI SE~.f~CY.6 1.1" : kRRUM'S
@UILDING I'cP,hAIT x---------- DAT
LOCATON N S ~ j~,.~~~Q~ ~. `d(1 SiREE~~AVENUE
E 1~/ ~f-
ZONING
JUN
HOUSE NUMBER 7~ LOT NUMBER
OWNE F Lf~l~lD ~~~
INTEP.IOR R COP.h~ER LOT____-----
IgTRATOR
,~
2013
~{~11J IL
REC. VOL. PAGE
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Ii~DICf~.TE LOCATION o{ '~'E.LL and SE1~rAuE SYSTEM
~~ an T'l-'tE OISTAI`ICE of L•14CH FF.OM HOUSE
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~ In{onndiion
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Dark North Point
*%~**PLEASE SHOW DISTANCE FROM 1~EW STRUCTURE TO BOTH SIDES OF PROPEP.TY A1~D
EITHL•R REAR OR FRONT PROPEF.TY LINE, WHICHEVER APPLIES*=***