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13-7507
l"(7~1"'~' titPEIZ~~lSOR Barbara Gut~lcr ZUN11'G :~D111\til"1'R.~l OK 13arhar~ P.ohcni ?~ 1 ~R 'LO~~'t'~G ~t~~C~RI~l~.ARI' fur R~~s~ A 1.2 October 24, 2013 To: Michael Leonard Town Clerk From: Sue Rose, Secretary Town of Wappinger Zoning Board of Appeals Re: William & Jana Carrie Appeal No. 13-7507 ~~1 Zoning Board of :l~iheal5 I lo~~ard Pra_~cr. Chairman Tum I:~cllacortz ,~1 ('asella Roh~rt ,luhnston Vctcr Galntti ~~ Xv..y,~,~ l~ Attached you will find the original Application/Decision & Order for William & Jana Carrie, 14 Rose Lane Grid # 6459-03-004321. I would appreciate it if you would file these documents. Attachments cc: William & Jana Carrie Town File Building File Jim Horan T®~'~'N OF ~'VAPPII\ GER ZONING BOARD OF AI'I'EALS ~o nln~~t.ta3tasii roan ~~ ai~i~i~~c~~.is r~~ia s. n~' i,:~~u S-I,-~~,,-i,'_~6 +4 ` F... ,' ~j~~ ERs ~, Y ~ ~ ~ A ~. ' '~ . 1 H., ~J i~ECBIVED TOWN OF WAPPINGER P.O. Box 324 - 20 MIDDLEBUSH ROAD SAP ~ ~ zpt3 WAPPINGERS FALLS, NY 1 2590 PLANNINGDEPARTMENi' TOWN OF tr/APPINGER Zoning Board of Appeals Office: 845.297.1373 ~ Fax: 845.297.4558 Zoning Enforcement Officer Office: 845.297.6257 www.townofwappinger.us ®~ff 1~~, ~~l Application for an Area Variance Dated: -3~ -/3 Appeal # ~ ~ ~ ~ ~ ~ TO THE ZONING BOARD OF APPEALS, TOWN OF WAPPINGER, NEW YORK: i ~'~ residing at ,C I(We),~.-! ~ ~ ~_~ 3 '"i (phone), h reby appeal `~~ ~ eats from the decision/action of the Zoning Administrator, to the nin Board of App l for an area variance(s). ~a +~~ dated o , 20~.~., and do hereby app y 1 ~~o t I-~(~S Id~~i u Premises located at !~ ~ ~ -b"~" ~ u ~~" ~~ Tax Grid # ~ ~~"" Zoning District ~ " ~~'' ~ ~' ~ d ~ y ~ 1 ~ f1o. i'Yl ~ 1. Record O ,d of Property 1~, ~C ~, Address 3- r~~, n~, A i~ ~ f~ Phone Number ~ Signature:( l VVv~ Owner Consent: Dated: printed: 1'1 ~ ~~ ~ 1`'~ ~a1~~ ~ Z. 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. Indicate Article, Section, Subsection and Paragraph) Required: Applicant(s) can provi e: Thus requ 1s~ti,9a D`1~v n n~ }11r~,a ,~y X ~`1 To allow: .. _ L„ „ ~,,,w-n~,rm o TO~'~`~?~ 7_B.4-A/~V (4-03 Rev) 1 of4 Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No. ~3 - .D6 ~ 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) 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. 1~ 1~ QA~.aI (l~' `i~1. B. Please explain why you need the variance(s). Is there any way to reach the same result .-. _._.____i..~~ rn.,~~o F,c cnorifir in your answer. TOW022.7BA-AAV (4-03 Re~~) 2 of 4 C. How big is the change from the standards set out in the zoning law? Is the requested area - .. ., .~ _ _~ _~.._~,. ,,.,.,i~~n .n ~At-ail wnv it is not substantial. D. If your variance(s) is(are) granted, will the physical environmental conditions in the .. ____~..a~ n~.,ne^o o..nlain in ~iafiaii why or why not. Town of Wappinger Zoning Board of Appeals Application for an Area Variance Appeal No, ~7 eed for an area variance(s) come about? Is your difficulty self-created? Please E. How did your n explain your answer in detail. ~ _ ~_ ~w ~1~, ,o ~, ~ - /''~-~ (IGt ~V ~ "~~` ~ ~ U~~ F. Is y ur pro rty uniqu your answer in detail. (}Ve qwr uvr ~~• - , the neighborhood that is needs this type of variance?Pease exp 4. List of attachments (Check applicable information) ( ) Survey Dated ~ ~ ,Last Revised 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 Debated: 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. lication. The applicant hereby states that all information given is accurate as of the date of app DATED: ~~ SIGNATURE (Appellant) q r DATED: ` ~ SIGNATURE ellant (If more than one App ) TO~'022.ZII,4-.4AV (~l-0± Rcv) 3 of 4 617.20 PROJECT ID NUMBER APPENDIX C `~ ~~ C.~ ~ STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 2. PROJECT NAME 1. APPLICANT / SPONS 3.PROJECT LOCATION: , v~~,,,, ~ ~, t ~ S County "' ' `" ~~ i~ ~~e O Murnapafity 4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc -or provide map ~. t~.~~`~S ~~~ ~ 5. IS PROPOSED ACTION : ~ New ~pansion ~ Modification /alteration 6. DESCRIBE PROaJECT~BRI'FLY: ~, (~ ,(J~ V~/1 ,~~.ve d-h Gi~ t? ~e are ~>v~ ~\ ~~~fi~ i~'~~ ~ a w ~ 7. AMOUNT OF LAND AFFECTED: t X~ Initially acres Ultimately acres 8. WILL PROPOS D ACTION COMPLY WITH EXISTING ZON,I/NG OR/yOTHER RESTRIC~T~ONS? ~~ Yes ~No if no, describe briefly: W ` ~ 1 ~ Vl~~~ ~~ ~I{(-~4~~~~ai~/-'-" .ext Sfi lr ~ ~a~ bU~ I'}- l SEAR ~' ~~ ~a 9. W T IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) Other describe Residential ~ Industrial ~ Commercial Agriculture ~ Park /Forest! Open Space ( ) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Feder I, State or Local) Yes 1 /I No If yes, list agency name and permit /approval: 11. DOES ANY^A~ECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes 1 . VIVO If yes, list agency name and permit /approval: A RE LT OF PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION? No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant Sponsor Namj~~ Date: ~~ If the action is a Co~tal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment ORICIiVAG FOR OFFICE USE ONLY 1. THE REQUESTED VARIANCE(S) ( )WILL / (g) WILL NOT PRODUCE AN UNDESIItABLE CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD. 2, ( ) yES / (X) 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) (X) IS (ARE) / ( ) IS (ARE) NOT SUBSTANTIAL. 5. THE PROPOSED VARIANCE(S) ( ) WII.,L / (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 ( )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 has voted to grant an 8 foot variance for the construction of a 24 x 24 garage with a master bedroom and bathroom (above the garage). Where 25 feet to the side yard is required, the applicant can only-provide 17 feet. ( )FINDINGS & FACTS ATTACHED. DATED: October 22, 2013 ZONING BOARD OF APPEALS TOWN OF WAPPINGER, NEW YORK BY: Acting (Chairm PRINT: ~ ~ Town of Wappinger 20 Middlebush Rd. Wappingers Falls, NY 12590 (845) 297-6256 To: For Property Located at: Your application to: CONSTRUCT A GARAGE 24' X 24' W/MASTER BEDROOM AND BATHROOM ABOVE SBL: Date of This Notice: Zone: Application #: is denied for the following deficiency under Section 240-37 of the Zoning Laws of the Town of Wappinger Where 25 feet to the side yard is required, the applicant can only provide 17 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 240-5'!, Mobile home park, of this chapter..." REQUIRED: REAR YARD: SIDE YARD (LEFT): SIDE YARD (RIGHT) FRONT YARD: SIDE YARD (LEFT): SIDE YARD (RIGHT): WHAT YOU CAN PROVIDE: ft. ft. ~ . j ft. ft. ft. / ~ ft. 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 truly Barbara Roberti Zoning Administrator Town of Wappinger 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: ~/ -_'?`U DATE: / "A~~~~ O New Construction O Commercial APPL #://~a~ 7p~ PERMIlT/# O Renovation/Alteration O Multiple Dwelling GRID: (O s/'D~ 'D~ T~o2~ APPLICANT NAME: ~/ i ~ ADDRESS: ~ ~ u~ TEL #: i~~ ~ ^~~"~~C7 ~ CELL: NAME OWNER OF BUILDING/LAND: *PR0IECT SITE ADDRESS*: MAILING ADDRESS: TEL #: CELL: #: E-MAIL: a~ • Cv~v BUILDER/CONTRACTORbOING WORK: Q i COMPANY NAME: `J~`~'~~~1~~~ ~~~~~~''~~'~~ ADDRESS: I ~ ~"L ~~z ~~ V'VC' JDD'~~~~~ ~Cc~AS ~r~~ l Z~ %~ TEL #: ~fr ~ °~ (;~~~ CELL: ~~ 7 - 1 Z~ ~ FAX #: E-MAIL: ~ ~ ;,~+ ~ ~~~'~ ~ • L© ~''~ DESIGN PROFESSIONAL NAME: ~~'' ~~ rr ~"t~ TEL #: ~ ~L - .'~~ ~z7 CELL: FAX #: E-MAIL: ~~.fl' ` ~.i"Gi~~`, CIr-~ APPLICATION FOR: ~ `I L ~ ~- cLt14.~~-#~rc,,,.. ~' ~~- '~~ SETBACKS: FRONT: ~_ REAR: ~--t- L-SIDEYARD: ~Z. R-SIDEYARD: ~~ SIZE OF STRUCTURE: Z~X ~~ Z ~f'z-5[ ESTIMATED COST: ~~, a~~~ TYPE OF USE: NON-REFUNDABLE APPL. FEE:~`5~ PAID ON:I 'O? 3 '/CHECK # ~~~~ RECEIPT #: (3 -.S~~~O BALANCE DUE: PAID ON: CHECK # RECEIPT #: APPROVALS: ZONING ADMINISTRATOR: ~ ~ O Approx~d ,~, Denie ate.; `~ ~ ~~~ ,`~, ~'' ~! ~,~,~ / ,~.a_ .~ ~~ J ~ + ignature of plicant FIRE INSPECTOR: O Approved O Denied Date: Signature of Building Inspector :~~=~ ., T O W ~ OF Wa PP I ~ G ER ~~ ~~;Y~) PLAT PLAN APPLICATION #: ti~~ ~~ BUILDING `PEP/.NIIT #: OWNER OF LAND: TEP~10 OR CORNER LOT: BONING ~~~ ~ ~~l~~r~ ZONE: Nearest 5tree Nearest Street 11~irk North Pnint INDICATE LOCATION of ~>tiELL a.nd SEV~~AGE SYSTEM and THE DISTANCE of EACH FROM HOUSE HOUSE ~ and STREET: ~ ~ ~a~e-- ~' ^ ~~ Sig,nature of Applicant: V~1~hitc - .~I/~~~lic~~u~r :~ (~~,~ir l~clli~~a~ - (1f/i~~c' C~n~~~~ fink - .=1.~~.~c~ssu~~'.ti llf~r~c C~n/~.~' C, ....................... • INSTRUCTIONS . ;; ,..- • ,;~ ~ pF,AVd slruCture v:~hei6 yon ~nlenC IG I~~_ it • (2) LH,BcL dinlenSi0n5. • ice) UST how `ar lh=_ ;Iructure i=_ Iron h0u56 and • 8150 the 56(dcC~S (tOf11 SlfU~i'JfE 10 yGUr • • progeny lin6. • • • • • • • • • • • • • • • • • • • • • • • DATE: <~~~~~> _ `7' ~~' SAYEGH, CERVONE & MACKAY, P.C. ATTORNEYS AT LAW JOSEPH S. SAYEGH SUMMERLIN PLAZA JOSEPH V. CERVONE 942 ROUTE 376, SUITE 201 KEVIN M. MACKAY WAPPINGERS FALLS, NY 12590 JENNIFER L. D'AFFLITTO ANDREW L. BAFFI MICHAEL W. BRADY Support Staff Jennifer L. Marken Heather Mastmann Suzmtne Boutot Tammy L. Torreggiani Bettyann Given TEL: 845-227-1444 FAX.• 845-226-1250 www.scmlawoffice. com Satellite Offices 38 Market Street Rhinebeck, NY 12572 326 Fishkill Avenue Beacon, NY 12508 March 18, 2004 William and Jana Carrie 14 Rose Lane Wappingers Falls, NY 12590 RE: CABBIE from CONROY Dear William and Jana: Enclosed herewith please find the ORIGINAL recorded DEED in connection with the above transaction. I look forward to assisting you, your family and friends in the future. Furthermore, I ask that you note our law practice includes substantial experience in the following areas of law: * Real Estate transactions * Bankruptcy and Creditor Issues * Criminal Defense (including DWI and Traffic matters) * Personal Injury Accident claims * Matrimonial and Family Court Matters * Wills and Estate matters With kindest regards, I remain Very truly yours, SAYEGH, CERVONE &~ACKAY, P.C. Joseph. S DUTCHESS COUNTY CLERK RECORDING PAGE RECORD & RETURN T0: SAYEGH CERVONE & MACKAY SUMMERLAN PLAZA 942 RTE 376 STE 201 WAPPINGERS FALLS NY 12590 RECEIVED FROM: QUAKER GRANTOR: CONROY DANIEL GRANTEE: CARRIE DANA M RECORDED IN: DEED INSTRUMENT TYPE: RECORDED: 02/02/2004 AT: 10:44:27 DOCUMENT #: 02 2004 2062 TAX DISTRICT: WAPPINGER EXAMINED AND CHARGED AS FOLLOWS: RECORDING CHARGE: 91.00 TRANSFER TAX AMOUNT: 1,174.00 TRANSFER TAX NUMBER: #005402 E & A FORM: Y TP-584: Y NUMBER OF PAGES: 3 *** DO NOT DETACH THIS *** PAGE *** THIS IS NOT A BILL COUNTY CLERK BY: MDS / RECEIPT NO: R09648 BATCH RECORD: 000107 iiiiiiiiiiii~iiiiiiiiiiiiii~ii~iiiiiiiiiiiiiiiisiiiiiiiiiiii COLETTE M. LAFUENTE County Clerk tiss q. o ~~' ~~ a K ,~., * k# * lS ~L ~~~ 1 Bargain and Sale Deed with Covenants against Grantor's Acts- Individual CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT ~ _ ~ ~ d THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. ~ 3 i`/ da of ,- ,, two thousand THREE THIS INDENTURE, made the I n Y ~L(.er'''~'w in ers Falls, NY 12590 BETWEEN Daniel Conroy residing at 14 Rose Lane, Wapp g Party of the first part, and JANA M. CARRIE AND WILLIAM P. CARRIE, BOTH RESIDING AT 8403 CHELSEA COVE, parAPPofGthe second paTt12590 WITNESSETH, that the party of the first part, in consideration ofd~es d ereby grant Land valuable consideration paid by the party of the second part, 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 and State of New York, shown ~/ and designated as Lot No • was filed in the lOffrice of the Cdlerkaof Subdivision" which said map the County of Dutchess on October 16, 1970 as Map No. 4014. Together with. an undivided one forty-sixth (1/46th) interest in common with the other lot owners of the "Naro Subdivision" in and to a certain parcel of land located at the Southerly end of Joan Loan as shown on Map #4014 and designated on said Map as "This area to be deeded to the Landowners in this subdivision as a Recreational Area." Being the same premises as conveyed be deed dated 6/4/02 and recorded 6/14/02 in doc# 02 2002 5730. The premises are not in an agricultural district. The parcel is entirely owned by the transferors. PREMISES ARE NOT SUBJECT TO A CREDIT LINE MORTGAGE. TOGETHER will all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abu nrtenancesaande allsthe eestateland rights of nthe lines thereof; TOGETHER with the app party df unto the t arty of the second part ,l the heirsVor~sDccessors and passigns of rthe grante P party of the second part forever. ~~ ,~ ~~~~ ~~~P ~suffepedtanything whereby the csaid premises ha e been encumbered in any wayswhatevere or except as aforesaid. AND the party of the first part, in compliance with Section 13 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 willarPpof the same f first to the payment of the cost of the improvement before using any p total of L-he same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. NEW YORK STATE NOTARY MUST EXECUTE THIS ACKNOWLEDGMENT STATE OF NEW YORK) ss.: COUNTY OF da of in the year before me, the On the Y Y p eared undersigned, a notary public in and for said state, personall a p Daniel Conroy 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 he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC NOTARY NOT IN NEW YORK STATE MUST EXECUTE THIS ACKNOWLEDGMENT STATE OF i~ '~;~-~~ ~L, ss ~' 'n the year V~.~ ~ before me, the On the 1 day of undersigne personally appeared Daniel Conroy 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 he/she/they executed the same in his/her/their capacity(ies), that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument and that su h indiv dual made such appearance olitical (~ ~}j~Insert the city or other p the undersigned in the' i.S`~l subdivision and the state or c ant ry or ther place the acknow^led ement was taken. ) i~~~~,,~,~- l ~' ,~ (Signature and office of individual taking acknowledgement) NHUNG Y. LE NOTARY PUBLIC OP NEW ~ Bargain and Sale Deed Ca~rlrnl~s~s~n ExplteS3112I2004 With Full Covenants SECTION BLOCK TITLE NO. LOT COUNTY OR TOWN TO RECORD AND RETURN BY MAIL TO: Distributed by Levine, Hofstetter & Frangk 31 G Main Street Poughkeepsie, NY 12601 845-473-2040 fax 845-473-3975 j v n~ M rict-~'" ` ~ r' ~ ~ w A-gS'~ "'~ ~,~ f' A-c c. S ,~,yl ( ~ 596 ZyU 8 NSF ~f/i0~PA40N 28 73.26' ,S/7.S" j90 '~ 9~ 0 •T9~. z 96 ~, O ?96 ,Z 9.oC .?9¢ 3a' ~ ~ofe pry e ~I i ~ .~_. o ~. o EXisf ~av f ~// ,~of ,6Dar~ds ~i-orTr a Sao ~~//if/mod "iY~.~o ,f'aaoiyrsia~ ' by rYi~fi~rd Carr/.s~or~, d~f~d>,9~r~i% r9~z, fi%d~ ~o~.a 0 1 ~;-try ,.~`.~.~..~,,..., w:? a 0 ... ,. ~ ..~, . Y f'1 ~ ~ i i x .. , l.. . . o ~ ~~ 'l." ~ ,a ~ y 'Town H~;i 1 \ ~ ..__ ,._. 6 "i ,~ ~ ~ 6 1 wti ~ ~~ p ~ ~ 4'~rh~' ~,+'''~" • ~ n ; 'i "'t ~'s Qv~'~d i~r 11~';'~- ; 't• o,~n t-i~~il ringers .alts, ss. F~ - ~ S"~ Tv ~ Dar~6~ry ..s'ayii~9s Bare -'~~~ ,9Y //omes, aid" z9B Ty0 ~~~/O/~c.°r.S D/7~y: .t96 I /i~r~6y per/i/~y ffiaf /fiis ac~a/ .s~a ~ ~ ~airdU~lad D/7 .S~/4/B2.