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13-7501~-~~~~~~ ~Il~~~~~~1~~~~K 13arhara Guv.l~r ZU'V'ING :~D~111NSI~TR~~TOK f~;u~h.u~a R~,hrrti A 1 ~~ l..C>~ItiG tiE(~RGT~.~RI~ ~u~ Pox \1?^ August 14, 2013 To: Jessica Fulton Town Clerk ORICi;~;~~ Zoning Board of .~pheals Ilo~~ard Pra_~cr. Chairman 1 om D~Ilacorte -~1 C'aella R~~hert .lohnstun I'cter Galotti From: Sue Rose, Secretary Town of Wappinger Zoning Board of Appeals Re: Catherine Kalinski Appeal No. 13-7501 Attached you will find the original Application/Decision & Order for Catherine Kalinski, 8 Midge Drive, Tax Grid # 6156-01-445721. I would appreciate it if you would file these documents. Attachments cc: Catherine Kalinski Town File Building File Jim Horan TO~'~~ N OF ~'~'API~II~ GER ZONING BOARD OF APPEALS ,U NIDDLI~BL!.SI] Ri~;aD ~~~ ~t~t~inct;tzs r.~ta_s. n~~~ I,;~,u ~-- ~ ~ ~ -- i.r.~ ~~r i ~ I_I `~ L`~ AU;~ 1 4 ~~'3 TO~~I~i ~.~~= '~~,~,~~INGER TOWN OF WAPPINGER P.O. Box 324 _ 20 MIDDLEBUSH ROAD ~NAPPINGERS FALLS, NY 1 2590 Zoning Board of Appeals Office: 845.297.1373 ti Fax: 845.297.4558 Zoning Enforcement Officer Office: 845.297.6257 www.townofwappinger.us Application for an Area Variance ~' 3 _ ~~~ Dated: ~/~~~~ Appeal # TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: /,•,/ f,~.• residing at ~ ~~'O~ t ~~~'~''`~ ~,,~ ~,~ r~, Syr ~;~ -1r~ (phone), ereby appeal to t~ oning Board of Appeals from the decision/action of the Zoning Administrator, dated , 2003 ,and do hereby apply for an area variance(s). Premises located at ~~ ~~~id t ~J~'~~''` Tax Grid # - ~`' ~ C~ Zoning District 1. Record O}~vn/~, ~ `oP ~~ ~ ~r~ Address ~+ Phone NumberSyr-/'S'j -'S/ 3 ~ Signature: ~~ ~~~•••~~• Owner Consent: Dated: ~/ i~i3 - Printed: G',y~-•~/C,rliivc' ,C~•v /~~~% 2. Variance(s) Request: Variance No. 1 I(We) hereby apply to the Zoning Board of Appeals for a variance(s) of the following requirements of the Zoning Code. (Indicate Ar icy Required: ~,-~! Applicant(s) can provide: Thus requesting: To allow: a'Z ~0 • rJ ~~ ~, Section, Subsection a~ b fJ~ p ragraph) ~b a~ l ,Y~C~ C Ana, ~~~~ ,~_ TO\~,-022.7_I3A-AAV (4-03 Rc~-) 1 of4 Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No. Variance No. 2 I(We) hereby apply to the Zoning Board of Appeals fora riance(s) of the following requirements of the Zoning Code. (Indicate Article, Section, Required Applicant(s) can provide: Thus requesting: To allow: 3. Reason For Appeal (Please substantiate the request by answering the fol/owing 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. /dD7H~N 9 f1 A/ ~st/ JAN 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. rv,~'ivo ~.~ 70 ~h C. !,i /E c ..i .~ /,~,(- r~ .f w r ~ d 7/Ec `T oaJ'~ i :u / S /~ 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(s) is(are) granted, will the physical environmental conditions in the neighborhood or district be impacted? Please explain, in detail, why or why not. Nd and Paragraph) TOV+'022.7_BA-AAV (4-03 Rev) 2 of 4 Town of Wappinger Zoning Board of Appeals Application for an Area Variance 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. lJ c N TM! f~ i''c -r~•~'i~~cr~+~ ~.v..~c OkT To G/Dc/°~ .n y /r~ : f o ~- /n /v G ~.. ~w ~'/rw u . /~/ /'N . / a ,/ Tips c ~ r. F. Is your property unique in the neighborhood that is needs this type of variance? Please explain your answer in detail. N T o / ti ~ ~,,o ~,, /t / .~ 4. List of attachments (Check applicable information) ( ) Survey Dated ,Last Revised and Prepared by ( ) 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 hereby states that all information given is accurate as of the date of application. SIGNATURE ~ ~~'•"-~ ~%~"Cs~~ DATED: ~~/~~.? (Appellant) SIGNATURE DATED: (If more than one Appellant) TOVJ022./_BA-AAV (a-0 ~ Rcv) 3 of 4 FOR OFFICE USE ONLY 1. THE REQUESTED VARIANCE(S) ( )WILL / (g) WII.L NOT PRODUCE AN UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD. 2. ( )YES / (X) NO, SUBSTANTIAL DETRIMENT 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) / (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 / (X) 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 5~ variance for an existing accessory apartment. Where the maximum size of an accessory apartment shall be subordinate in area to the principal dwelling and shall not exceed 35~ of the gross floor area of said principal dwelling and in no event exceed 1,000 square feet of gross floor area, the applicant can provide 40~. ( )FINDINGS & FACTS ATTACHED. DATED: August 13. 2013 ZONING BOARD OF APPEALS TOWN OF WAPPINGER, NEW YORK BY: ti!vC ~:.~c (Chairm PRINT: ~~/~~ V r~~ C ~/' ~ oa~c~na~ s17.2o SEAR PROJECT ID NUMBER APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only o DoT , _ oan.IFC:T INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT /SPONSOR ' ~~~/ ~~ 2. PROJECT NAME ~ ~ .v /i'.r.~,L% ~A7NF,Q.'rrd ~L ~ Z ' 3.PROJECT LOCATION: Municipality 4 ~~ ' d t f/ ~` ~ t~"L County p N % G HC // PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc -or provide map 4 . p //!i/~c J~ !'/,~ piF D~ ,l~r,crc~, L'.'rc/~c. 5. IS PROPOSED ACTION : New ^ Expansion ^ Modification /alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially ~ 3~' acres Ultimately acres 8. WI PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? Yes ^ No If no, describe briefly: AT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) esidential ^ Industrial ^ Commercial ^Agriculture ^ Park /Forest /Open Space ^ Other (descrihe) 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: j 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ^Yes ~No If yes, list agency name and permit /approval: 12. AS A R ULT OF PROPOSED ACTION WILL EXISTING PERMIT / APPROVAL REQUIRE MODIFICATION? ^Yes o I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Name Date: or ns Applicant / Spo ~ ~ ~ If the action is 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: Kalinski, Catherine 8 Midge Dr Wappingers Falls NY For Property Located at: 8 Midge Dr Your application to: SBL: 6156-01-445721 Date of This Notice:71112013 Zone: R15 Application #: 32370 Acc. Apt in a single family residence for a family member only. is denied for the following deficiency under Section 240-37 of the Zoning Laws of the Town of Wappinger Where the maximum size of an accessory apartment shall be subordinate in area to the principal dwelling and shall not exceed 35% of the gross floor area of said principal dwelling and in no event exceed 1,000 sf of gross floor area, the applicant can provide 40%. "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: REAR YARD: SIDE YARD (LEFT): SIDE YARD (RIGHT): FRONT YARD: SIDE YARD (LEFT): SIDE YARD (RIGHT): ft. ft. ft. ft. ft. WHAT YOU CAN PROVIDE: 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 truj~y `r~ ~~ ~ B rbara Roberti Zoning Administrator Town of Wappinger TOWN OF WAPPINGER 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY l 2590 www.townorwappinger.us Zoning Administrator Barbara Roberti X128 Office: 845-297-5256 Fax: 845-297-0579 COPY Building Inspectors Susan Dao X126 Sal Morello, III X142 Accessory Apartment Application Application #: Date Received: ~-1 -` Fee Received: In accordance with the Provisions of Section 240-53 of the Town of Wappinger Zoning Code, I/We hereby make application to the Zoning Administrator for the issuance of an Accessory Apartment permit for the use of: Applicant(s): [ p7h/~.e%N~ ~iQ/i~u1',~%• Proposed Family Member/Occupant: 'a~' /8 GN JO y/' ~ Phone Number: ~ys ~9~ - ~/~ O Zoning District: Occupancy of Apartment(Limited to three Persons) 02. Mailing Address: ~ /'.~ i~~5 L /J /'~ ~ Gi/~'-.,dt.~ a ~ r r ~!° f ~l/~~/ ~~° Tax Grid Number: ~/~`G ©~ _ %y-~ 7 S uare Foota e of House: ~~~` t~ Year House was built: ~ 9bS q g The extet•ior appearance of the building will remain that of a one fancily residence. *Proposed Square Footage of Apartment: ~ ~ ~ • The acce.rsor}~ apm•hnent shat/ nat exceed 35% of the gross•/loor area of said dw ing and in no event slrcrll exceed 1, 000 sq. fi. ~Jgross Jlnor area. The mir~inrwn gross floor area shall not be less then X00 sq. ft. Orr/y one accessor~~ apartment shall be permitted nn mry lot. *Deed -Copy of last recorded deed attached: -~ ~ , ~ ~?. *Pi-oof of fa~uly relat Please see attached Accessory apartment Perrrrit Requirements. Accessory Apartment Application I/We have, as part of these concurrent applications, submitted a "statement of use" which fully describes the operation and maintenance of said use listed in the application: (Use Extra Sheet} I/Vde hereby certify that the above information is true and accurate and can be relied upon by the Town in issuing the Accessory Apartment Permit. In the event of false or inaccurate information the permit inay be revoked. Signature: ~~ r -..,,; ____~-f'-~~~' Signature: Print Name:/~1gThrL-2~o/~ ~i'7jii+~6.~:~rint Name: Approved On: Zoning Administrator: STATE OF NEW YORK COUNTY OF DUTCHESS ACKNOWLEDGEMENTS ss: On_ _ l.~ y~ ~ Z ~ , 203, before me, the undersigned, personally appeared _± C ~ L{'[ ~/ ~ JCg / / N SKI, known to me or proved to me on the basis ~ j~ ~ of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she/he executed the same in her/his capacity, and that by her/his signature on th4•instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. 1 A DAMEl1A `" uoiic - Stat! Ot Notary Public NO, O1DA6 ~!W rOlh QuollHed In Duic~~~ • '^'~ ~',~mmlasfon Explrls . ~ ~/y STATE OF NEW YORK ) ~~ ss: COUNTY OF DUTCHESS ) On , 20 , before me, the undersigned, personally appeared _ _ known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that shc:!he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public '-5 I/ 2' 26' -O~" -6 I 2 (basement bevel '-5 I/ 2' 26' -O~" -6 1 2 ~~rst door C I,O~hB 5~> July 23, 2013 Dear Ms Roberti, In response to your letter received regarding an "illegal apartment". I believe this is a misunderstanding. I purchased this property in 1986 with a summer kitchen in this basement. My family has always lived in this residence. At the time of purchase my husband, son and I resided upstairs. My sister and parents resided downstairs. Please note the bank documentation of 2009 stating one family with additional unit. We are immediate family. It has never been used as a rental. There is no separation or lock between floors. We utilize the summer kitchen and downstairs family room during the hot summer months. Sincerely, ~.e.~ Catherine Kalinski PS I have a enclosed copy of my mamage certificate, and a copy of my sister, my son, my daughter and my drivers license.