1069
Town of Wappinger
ZONING BOARD OF APPEALS
Wappingers Falls, New York 12590
1Drrisinn
&
OOr?1rr
:#/ 0 (p 9
Name of Applicant: Louis & Jean Balducci
Address:66 Pye Lane, Wappingers Falls, N.Y. Grid No./I 19-6358-03-167090
Location of Property: same as above Zone: R-40
Nature of Request=#l-You are required to maintain a 101 sideyard and your pool
is 71 from the sideyard, requiring a 31 variance.
#2-you are required to maintain 20' sideyard and you are showing that the
deck is 101 from side~ard~9requiring a 10' variance.
Date-of Aavertfsement: ~716/o
Date of Public Hearing: 8/22/89; 9/26/89; 11/26/89 SOUTHERN DUTCHESS NEWS
Place of Hearing: Town Hall, 20 Middlebush Road, Wappingers Falls, New York
MEMBERS PRESENT:
James Brooker Chairman
James Tompkins Vice Chairman
Alberta Roe Member
The matter having duly come on to be heard before a duly convened meeting of the
Board on the 26th day of November 1989 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:
Alan Lehigh
Member
Member
The subject premises is located in the R-40 District, with the following
setback requirements; front 35'; sides 20'; rear 401; on Pye Lane, which
is a town road in a filed subdivision known as Edgehill 1. The applicants
have installed an above ground pool. In addition, they have constructed
a wood deck within the sideline setb ck of the R-40 zone without benefit
of a variance or building permit. Also the Zoning Board of Appeals re-
quested a survey of the above property, and the applicants failed to
res~ond. This application appeared on the Zoning Board of Appeals agendas
of September 26 and November 26, 1989, and the applicants made no
appearance.
THEREFORE, based upon the above findings of fact, it is hereby ORDERED
that the application is hereby DISMISSED and the applicants are ordered
to remove the pool and wood deck within sixty (60) days from the signing
of this Decision and Order by the Town Clerk.
The decision of the Zoning Administrator is hereby upheld.
Dated, Wappingers Falls. N. Y.
this . () day of
/1//
p~. ~~~~~
, 0 ng Clerk
ST F NEW YORK,' CO~TY OF DUTCHESS ss:
On the / g" YJtiay of /IY..ec.: 0<1 before me personal ' came
Chairman:of the-Zoning Board of Appeals of ~he Town of Wappingers Falls, N. Y. to me
known as the ,individua~ described in andwho executed the foregoing statements. and
acknowledged' that' he ex~cuted the same.'.'
.;CJ I /y! ......t~ M. LlUCCI
~a' c... ~el.t4ewYIlllr
Notary ....flecfjn.D~~
. Y. c::---...... IT 'UJDfI"" 1Ct4111~
",
~
T WN
''''\..'/'
Filed, Office of t~e Town Clerk.
on I g day of 1~t2c- , It; gt1
lawn of Wappinger
ZONING BOARD OF APPEALS
Wappingers Falls, New York 12590
o ~
)
RE-HEARING
IDrrtninu' & (1)rorr
Name of Applicant: Louis & Jean Balducci
Address: 66 Pye Lane
Location of Property: 66 Pye Lane
Nature of Request: You are required to maintain a 10' sideyard and your
sideyard, requiring a 10' variance. (2) You are required to maintain a 20'
showing that the deck is 10' from the sideyard requiring a 10' variance.
Grid No.#19-6358-03-167090
Zone: R-40
pool is 7' from the
sideyard and you are
Date of Advertisement: 8/16/89 Southern Dutchess News
Date of Public Hearing: 8/22/89 9/26/89,11L26/89.2/27/89
Place of Hearing: Town Hall, 20 ~ddlebush Road, Wappfngers Falls, New York
MEMBERS PRESENT:
Michael Hirkala Chairman
James Tompkins Vice. Chairman
Alberta Roe Member
The matter having duly come on to be heard before a duly convened meeting of the
Board on' the 27th day of February and the facts, matters and evidence
produced by the applicant, the Zoning Administrator and i~erested parties having
been duly heard, received and considered and due deliberation having been had, the
following are the
FINDINGS OF FACT:
James Brooker
Alan Lehigh
Member
Member
The subject premises is located in the R-40 district with the following setback 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
benefit of a variance or a building permit. The applicant has 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
dif:Uculty cannot be obviated by a method other than a variance. This will not' be
detrimental 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 finding of fact, it is hereby ORDERED, that the
applicatio~ or appeal be and the same is hereby granted subject to the deck, rema1n1ng
open unless appl1cation to enclose is made to and approved by the Zoning Board of Appeals
The decision of the Zoning Administrator is hereby REVERSED
Dated,
this
Falls, N.' Y.
/7~
~
U ,".
~ Chait
Filed, Office
on -:s~ day
Gl to t e Zoning Board of Appeals
STATE OFN aRK,' COUNTY OF DUTCHESS S5: . .
On the -"3 -( - day of' "(1'\cU-{. . \ q ~ u before me personally. came
Chairman:of the-Zoning Boa~d of Appeals of the Town of Wappingers Falls, N. Y. to me
known as the :r.ndividu~.l described in.andwho executed ~.h~ fore~oi ~ stptements,>>d' " .
I d . d'" h t'1JJm '!.of!' t d th e . c"k<... /17 ~-<-<::'../C--<--
acknow e ge t. a "./...-/ ~ ex:cu e e sam . . . INOA M.ltUCCI -
. . -.r Public. Slatll 01 New YorII
No. 2381720
Wappinger. F~,',. ..~Y. r~~=:-;;';~
~Ji(C ~tJ!\~f2QJ
of the Town Clerk,
of \~ lOlqO