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13-7502
r 1~O~1~.~ tiIPER~~I~(1K 13;u~har;: Gutilcr /_Otil?V'G :~D:~IINtiI'1'RaTOR 13;uhart~ Rohrrti ~ 1 ~R LO1I;VC tiE( RET.aRI Sur Rr,sr \ 1 ?'' August 14, 2013 To: Jessica Fulton Town Clerk From: Sue Rose, Secretary Town of Wappinger Zoning Board of Appeals Re: Michael Smith Appeal No. 13-7502 Zoning Board of Alrtreas f lo~card Pra_er. Chairman l-tnn I~~~Ilacr,rte -11 Ca,ella Rrihrrt .luhnstun Peter C;alotti ©~l ~ ~~ f~~ n~ Attached you will find the original Application/Decision & Order for Michael Smith, 47 Marlorville Road, Tax Grid # 6157-01-008835. I would appreciate it if you would file these documents. Attachments cc: Michael Smith Town File Building File Jim Horan TO~?t~N OF ~'~~APF'II'\TGER ZONING BOARD OF APPEALS ~o nul~~E.ta3uslt rc~:an s~~-~~~,_a~;t, p J' j l ~~ -- ~ r` I ~. rD ff ~ l~' I-••i ~~~~~,J Ir- AU~~~ 1 4 ~~=3 ~~ ._~ .: ., TOWN OF VYAPPINGER 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 Application for an Area Variance Appeal # 1 ~ ~75U~ Dated; /"~(~_/3 TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK; ~(N/e), f'/tiC~A~2,' ~lYZi1'7a residing at 4~ ~;1~rv,.(I~ Rc~. , ~~ +~ N - d ~~-~-j~_ (phone), hereby appeal to the Zo ng Board of Appeals from the decision/action of the Zoning Administrator, dated , 200_, and do hereby apply for an area variance(s). Premises located at ~7 Nlcu- ~rdlll~ Rd. Tax Grid- # Co 1 ti'i y 1 - U C3 `~~ ~ ~i Zoning District r'~'-lC3 ~~~ 1. Record Owner of Property _~i Address ~ ~ c ~ ~ 'n iO Phone Numbers-~- ~~Lc~ G~~ Owner Consent: Dated: _~ ~f~ ~i?~ Signature: Printed: S 2. Variance(s) Request: Variance No. 1 I(We} hereby apply to the Zoning ~~ requirements of the Zoning Code. a ~ (Indicate Article, Sect) L Required: Applicant(s) can provide: ~ Thus requesting: ~ To allow: ~?lD X ~`~ Board of Appeals for a variance(s) of the following +0.~7 )section and Paragr ph TU~'~'022.7_B.A-.AAV (4-03 Rey-) I 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 for a variance(s) of the following requirements of the Zoning Code. (Indicate Article, Section, Subsection and Para r h) Required: '~ ~% '~' ~ ~" `' Applicant(s) can provide: ~ ~ Thus requesting: ~ To allow: (~ -~ ~ ~~ 3. ason For Appeal (Please substantiate the request by answering the fol/owing questions in det ' . Use extra sheet, if necessary): A. If your riance(s) is(are) granted, how will the character of the neighborhood or earby properties ch ge? Will any of those changes be negative? Please explain your saver in detail. B. Please explain why you need~ie variance(s). Is there any v~y to reach the same result without a variance(s)? Please be ecific in your answer. C. How big is the change from the standar s set out ' the zoning (aw? Is the requested area variance(s) substantial? If not, please plain, in deta why it is not substantial. D. If your variances is(are) granted, will the physical environmental co ditions in the neighborhood or d- rict be impacted? Please explain, in detail, why or wh not. '1'n W(1?~ 7RA-AAV (4-03 Rev) 2 of 4 Town of Wappinger Zoning Board of Appeals Application for an Area.Variance_ Appeal No. ~~_ ~% -~'" ,, i Variance No.~ I(We) hereby apply to the Zoning Board of Appeals for a variance(s) of the following requirements of the Zoning Code. (Indicate Article, Sgctio~5ubsection and Paragr h) - Required: ~~-- ~' ~ ~ ~ _ ~ Applicant(s) can provide: ~~ - ~ ~ ~ Thus requesting: V To allow: ~;c ~ r Reason Foc Appeal (Please substantiate the request by answering the following questions in detail. Use extra sheet, if necessary): D. If your variance(s) is(are) granted, will the physics! environmental conditions in the neighborhood or district be impacted? Please explain, in detail, why or why not. TOW022.7EA-AAV (4-03 Rev) 2 or4 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. 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. 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. 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. ` tt~~, ti ~ ~ ~-r, ~'~ ;~ • S iZP_ (~~ ~ (` d ~ac~~.~ LiJ_1 ~ "C31~? ~~rr ~ W ~ C'~QB f f P , ,I 4 List of attachments (Check applicable information) (~ Survey Dated _ Prepared by ( ) Plot Plan Dated _ ( ) Photos ( ) Drawings Dated Last Revised nd (~ Letter of Communication which resulted in application to the ZBA. (e.g., recommends ion from the Planning Board/Zoning Denial) Letter from ~Gy''~CVri~ Flo ~~--~-~ 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 _ i'~~~' ~i~ DATED: 7 /3 (A ellant). ' DATED: 7~..i'~~ ~IGNATURE (If more than one Appellant) i~ TO~'022.%d,4-.4.4V (4-U ~ Revl .i of 4 F. Is your property unique in the neighborhood that is needs this type of variance? Please explain your answer in detail. FOR OFFICE USE ONZY I. THE REQUESTED VARIANCE(S) ( )WILL / (x) WILL NOT PRODUCE AN UNDESIRABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD. 2. ( )YES / (~ NO, SUBSTANTIAL DETRIMENT WII.L BE CREATED TO NEARBY PROPERTIES. 3. THERE ( ) IS (ARE) / (x} IS (ARE) NO OTIiER 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) (x) IS (ARE) / ( ) IS (ARE) NOT SUBSTANTIAL. 5. THE PROPOSED VARIANCE(S) ( ) WII.L / (x) WII.,L NOT HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONI~NTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT. 6. THE ALLEGED DIFFICULTY ( ~ IS / ( ) IS NOT SELF-CREATED. CONCLUSION: THEREFORE, IT WAS DETERMIlVED THE REQUESTED VARIANCE IS (x) GRANTED ( ) DElV~D. COlV~ITIONS/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 11 foot front :yard variance fora 20 X 34 foot above ground pool with deck, where 50 foot front yard is required, the applicant could only provide 39 feet. A 11 foot rear yard variance fora 20 x 34 foot above ground pool with deck,where 50 foot rear yard is required, the applicant could only provide 39 feet. A 18 foot side yard variance fora 20 X 34 foot above ground pool with deck, where 40 foot side yard is required, the applicant could only provide 22 feet. ( )FINDINGS & FACTS ATTACHED. DATED: August 13. 2013 ZONING BOARD OF APPEALS TOWN OF WAPPINGER, NEW YORK BY: /~t~'~~~ ~ Chairman. PRINT: ~~~v ,' s2,~ b ~rC M. ~~r~~,T ..'.~ L! .:.. L '~ ~~----- 617.20 PROJECT ID NUMBER APPENDIX C -~ s~--Z) r STATE ENVIRONMENTAL QUALITY REVIEW 'J/ SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only rP.ART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/ SPONSOR 2. PROJECT NAME '~ i C~~~~ Sm;~-~ ~bave r~rv~n ~ too ~ 3.PROJECT LOCATION: t ^-1 ~ ~tL^~y rV 1 I'~. ~C' • W -r f t.f~ j ~A ~ f S County U~ l V ate. ~ J Municipality 4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc - or provide map 5. IS PROPOSED ACTION : ~~~~1ew 6. DESCRIBE PROJECT BRIEFLLU~Y: ^ Expansion ^ Modification /alteration ~6 x a~ ~l ~ ~-~ ,~lb~-~e ~cdr~nd ~'~~ ~ x 3 ~ ~l d~.~.K. ~~~ 7. AMOUNT OF LAND AFFECTED: Initially acres ~~~ Ultimately acres 8. WI ROPOSED ACTION COMPLY WITH EXISTING ZONING OR O i HER RESTRICTIONS? Yes ^ No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ^ Other describe Residential ^ Industrial ^ Commercial ^Agriculture ^ Park !Forest !Open Space ( ) SEAR 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: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ^Yes ~No If yes, list agency name and permit !approval: a5 A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? Yes ®No l CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE icant I Sponsor Name ~~~ i~l~C(Q~I ~ml ~ ' ' Date: -~ (fib /i3 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: Smith, Michael Smith, Anell 47 Marlorville Rd SBL: 6157-01-008835 Date of This Notice:7/15 201 Zone: R40/80 Application #: 32398 For Property Located at: 47 Marlorville Rd Your application to: ABOVE GROUND POOL 20' x 34' WITH ATTACHED METAL DECK ALL AROUND is denied for the following deficiency under Section 240; 37 of the Zoning Laws of the Town of Wappinger Where 50' to the front yard property line is required, the applicant can only provide Where 40' to the side yard property line is required, the applicant can only provide ~.! b' ~ "Accessory Structures must comply with all minimum yard setback requirements for buildings, but in no case shall they be permitted in the front yard." P 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: ~~j ft. SIDE YARD (LEFT): _ ft. SIDE YARD (RIGHT): ~-ft. FRONT YARD: ~ ft. SIDE YARD (LEFT): ft. SIDE YARD (RIGHT): 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 t Barbara Roberti Zoning Administrator Town of Wappinger l~~' ~~ TOWN OF WAPPINGER BUILDING DEPARTMENT 20 Middlebush Road, Wappingers Falls, N.Y. 12590 telephone:845-297-6256 fax:845-297-0579 APPLICATION FOR BUILDING PERMIT APPLICATION TYPE: O Residential ZONE: ~ ~^ DATE: ( ~~~ Z O New Construction O Commercial APPL #: C PERIVIIT # O Renovation/Alteration O Multiple Dwelling GRID: ` ; ~ ~~ ~'~ ~ ~ ~ ~~~`~ ?iT_ APPLICANT NAME: 1~ ! {'~{~is-ip,' ~ ;`il 1 T~ ADDRESS: ~~ N~GV~Qryl i~~. 1`~U • V~-~rDn~~~S ~a11S 1~~ i~.5~10 TEL #:~~j-(~'3~-t~S~O CELL:ai~~1~~.~~~ FAX#: E-MAR,: i:tfl1O~1~(~U (9an~nrl~~*~.?.^,~.'~' NAME OWNER OF BUILDING/LAND: Nl -s})ta.~2.~ S M ~t"Y1 *PROJECT SITE ADD: MAILING ADDRESS: TEL #: ~y5•t~ 31• l ~~~ CELL: Ql~1~1»-hq~ FAX #: BUILDER/CONTRACTOR DOING WORK: COMPANY NAME: E-MAIL: ~ M ULa f.~ i~ (3,, G-1'~1i i +1 r' .!1Z'r ~vc~l s --- -- ~ ADDRESS: 1y ~;'DZ:~f C1 Waop~~~~~~' ~aL~S /~~ 1~5~C~ TEL #: r{'-~ • `~ 31- ~ 5 7 ~, CELL: ~-ti~ • (, 5t~ - ~ 1 ~ ~ FAX #: E-MAIL: DESIGN PROFESSIONAL NAME: TEL #: CELL: FAX #: E-MAIL: APPLICATION FOR: ~ C1 CSI ~ ~ ~~yfl ['~ ~C?d ` ~ ~ ~1 -} ~ _ i SETBACKS: FRONT: ~51s^ REAR: ~~ L-SIDEYARD: R-SIDEYARD: ~ SIZE OF STRUCTURE: a_D ~ ~ ~~ ~ ESTIMATED COST: ,~~Zr}~ TYPE OF USE: fCJ ~~~ ~e.C~L~~tC~.~l /~ / NON-REFUNDABLE APPL. FEE: PAID ON: ~~~~~CHECK # ~~7 ~ RECEIPT #: ~.3 ^ L~ BALANCE DUE: PAID ON APPROVALS: ZONING ADN O Apprgved .. CHECK # RECEIPT #: FIRE INSPECTOR: O Approved O Denied Date: of Ap Signature of Building Inspector 9~lILD~NG PfR1a~d ~ LOCATION N S SI~E~ E ~~ HOUSE NUl~l9ER 01~NER OI: L~N~ INTEPIO~ OR CC3~NE~ L03 Naare:t Street ft. ~ ' ~ `. ~'0~'~I ~P ~APPINGE~ ®~ ~~r~ GATE LOS' NU~fSER I~~~IC~TE L~~:~T°~ ~~ of 'E~ L J~nd SE~~%AisE ~~"S"I'Ehi s~c3 Tf~E =~tST~,.I~~~E :;f E~~f-i rf~<~~~ ~C)~3SE STREET DIRECTIC~15: 1- DRAW STRUCTURE TC Z- LABEL ITS DI~JEDJSIOP 3- LABEL S~TBACK~ 'v~dIT - STREEj/AVENUE REG YOL. PAGE_ ZO~tE Nesr~a# St