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. ".rOW Of lrW'l'INGER
ZONING BOAlU> Of APPI.A1.S TOWN OF WAPPINGER.~.--
ilA1'PINGD\ FAUSt 1\.'1.
NAME Of APPI::l.l.Al\"".!': Paul & JoAnn Hai t
ADDRESS: 78 Marlorville Road, Wappingers Falls, N.Y.
1.0CATION Of PROPERTY: SAME .
NATURE OF REQUEST:An 8' variance to
sideyard~ located.
DATE OF ADvm'nSEHENT: April 19, 1988
DAn OF PUBl.IC HEARING: May 26, 1988
PUCE Of HI.ARING: TOWN HA1.l., 20 MIDDl.EBUSE ROAD, WAPPINGER F.Al.l.S, NEW YORK
APPEAi- {T035
GRID 416057-02 931926
ZONE R-20
erect a deck on the side where a 20'
SOU'l'HI:RN DUTCHESS ~S
MEMBERS PRESEl\"".!':
JAMES BROOKER,
JAMES TOMPKINS,
MICHAEL HIRKALA,
CHAIRMAN
VICE CHAIRMAN
MEMBER
ALBERTA ROE,
ALBERTA LEHIGH,
MEMBER
MEMBER
Tne matter having duly come on to be heard before 2 duly convened ~eeting of the Board on
the 26tbiate of May, 1988 . and all the facts, ma;ters and e,'idence produced by the
applicant, the Zoning Administrator and interested parties having been duly heard, received,
and considered, ano due deliberation ha~ing been had, the follo~~ng are the
TINnING or rAC'!':
The subject premises are located in the R-20 District with the following
setback requirements.: Front - 60', Side - 20', Rear - 40 I on Marlorville Road,
which is a town road. The applicant requests an 8' variance to erect a new
deck on the side. The applicants have satisfied the Board of the need for
this open deck and, the Board feels the criteria for an area variance has been
met. A practical difficulty exists, and such difficulty cannot be obviated
by a method other than a variance. There will not be a substantial change in
the character of the neighborhood. This action 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
declar.ation is in order, since it appears that there will be no major impact
on the environment.
'l'HEREFOR.I:, based ~pon the ~bove findings of fact, ,it is hereby ORDERED that the application
or appeal be and the same l.S hereby GRANTED sub) ect to: 1.) The deck remaining open
unless application to enclose is made to and approved by the Zoning Board of '
Appeals~ 2.)The applicant shall obtain a building permit within 180 days of the
date of the signing of this decision and order by the Town Clerk~ 3.)Substantial
cQUlpJ.,~t~.on wi~n~n .J 2 .rnonthS_9f,_~he.. d~~t~ pfthe issuance of the building permi t~
and 4.)A Cer~~f~cate of Occupancy must be issued within two (2) years of the
date of the ~ssuance of the building permit, otherwise this decision and order
WILL BECOME NULL & VOID.
Tne decision 0: the Zoning Ao~nis:ra~or is hereby REVERSED.
Dated, wappinger Falls, Ne~ York, this,
cia:r of r;7,1f-j)~ ,/Z-../i/Lo/ /7 d
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STATE OF l\~ YORK, COUl\7Y OF D17CHESS ss:
On the day of before me personally came the
Chairman of the Zoning Board of Appeals of the !o~ of ~appinger, N.Y. to me
kno~ as the individual described in and W.hO ex~e forego~ng ~n.rrumenr.
and acknowledged that executed the sa~e. ., ~ ~ JJ
ELAINE H. SNOWDEN f 11 R Al U-
IIliIUY fUBLIC, STATE 0,. NEW"f NO'!' Jill Y
110. 14-3753190
ClUUIED III DUTCHESS COUNTY
Filed in the Office _.~ off ,.;J1 t .e: 'I____~1l' ~e. ~ York
on the S/~ day ~ /?~?o! ~ ~
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