1069
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Town of Wappinger
ZONING BOARD OF APPEALS
wappinger Falls, New York 12590
DECISION & ORDER
Name of APplicant: Louis & Jean Balducci
Address: 66 pye Lane, Wappinger Falls
Location of Propert~ Same as above
Nature of Reques~ No.1, You are required to maintain a 10' side yard
and your pool is 7' from the side yard, requiring a 3' foot variance. No.
2, You are required to maintain 20' side yard and you are showing that the
deck is 10' from the side yard requiring a 10' variance.
Grid No.# 19-6358-03-167090
Zone: R-40
Date of Advertisement: 8/16/89 In the Southern Dutchess News
Date of Public Hearin~ 8/22/89, 9/26/89, 11/26/89, and 2/27/90
place of Hearin~ Town Hall, 20 Middlebush Road, Wappinger Falls, NY
MEMBERS PRESENT:
Michael Hirkala, Chairman
James Tompkins, Vice Chairman
Alberta Roe, Member
James Brooker, Member
Alan Lehigh, Member
This matter having duly come on to be heard before a duly convened meeting
of the Board on the 27th day of February 1990 and the facts, matters, and
evidence produced by the applicant, the Zoning Administrator and
interested parties having been duly heard, received and considered and due
deliberation having been had, the following are the
FINDINGS OF FACT&
The subject premises is located in the R-40 district with the
_following requirements: Front 35, side 20', rear 40', on pye Lane, which
is a Town Road in a Filed Subdivision known as Edgehill I. The applicants
have installed an above ground pool in addition they have constructed a
wood deck within the sideline setback of the R-40 zone without the benefit
of a variance or a building permit. The applicants have filed a proper
survey of the above property as previously requested on November 26,
1989. The applicants have satisfied the Board of the need for the wood
deck and pool and the Board feels that the criteria for an area variance
have been met. A practical difficulty exists and such difficulty cannot
be obviated by a method other than a variance. There will not be
detriment to adjoining properties. The character of the neighborhood will
be preserved. This is the minimum variance that will provide relief.
A short EAF has been submitted as per SEQR requirements and a
Negative Declaration is in order since it appears that there will be no
major impact on the environment.
THEREFORE, based upon the findings of fact, it is hereby ORDERED, that the
application or appeal be and the same is hereby granted, subject to the
deck remaining open unless application to enclose is made and approved by
the zoning Board of Appeals.
The decision of the Zoning Administrator is hereby REVERSED.
DUE TO THE FACT THAT THIS DOCUMENT WAS NEVER SIGNED NOR FILED IN THE TOWN
CLERKS OFFICE, THE CURRENT CHAIRMAN HAS BEEN ASKED TO SIGN THIS DOCUMENT.
Mr. oseph Howard Prager,
Zo ng Board of Appeals
Town of Wappinger
Sworn to before me on this
O<O~ day of '--fI{~ ' ,1996
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