Area Variances requested for addition to house and deck

The September 9, 2025 Zoning Board Meeting began with a public hearing for a property on Gold Road. The applicants want to add a front porch and additions on the left and right side of the house. The additions require four set-back variances. It was determined that the stone patio is considered "landscape" so does not require a variance. It was noted that the property has an "unusual" shape and that the houses in the neighborhood are very large, so additions would not be inconsistent with the neighborhood. No neighbors spoke at the public hearing. The Zoning Board granted the requested set-back variances.

The second item on the agenda was a discussion about a property on Apple Blossom Lane of .85 acres. The applicant would like to construct a 30'x12' deck, requiring a variance of 19.9 feet to the rear yard property line. The house is currently within the set-back. The existing deck needs to be removed and the new deck would replace it and extend longer than the current deck. A shed noted on the plan will be removed. September 20th was set as the site visit and the public hearing was scheduled for September 23rd.

That was the end of the published agenda.

But then the board began a conversation about changing the application form - one of the board members provided suggestions -

Surveys are requested -- not always received. Sometimes it doesn't make sense to pay for $1,500 or more for a survey for a $600 shed - The Director of Strategic Planning and Municipal Code - was explaining that the department is looking to an online program that will force applicants to fill out all the required information (would not let them go forward without having all the information). The department would still accept paper applications. The Board was asking for all the material to be available before the meetings.

The Building deparment needs to do site visits ahead of time to point out additional variances required or violations. The building department does look at GIS (look for wetlands or flood plains), look for filed maps, special use permit is only issued through planning board (private house would only have a special use permit if there is a business in the home), short-term rentals - there is a program that will search sites looking for short-term rentals, providing addtional information to the town - you can't have a business + short-term rental in a home.

All this information doesn't necessarily get flushed out during a public hearing.

The Chair mentioned that most of what comes before the ZBA is simple -- a shed for example.. the board member argued that there is a threshold that needs to be determined. A suggestion was made that there could be check-box of things like, list all accessory structures, home business, short-term rentals. Sample information may be provided. If "incomplete" the application is rejected, a review by building department staff before at ZBA .

The Director of Strategic Planning and Municipal Code will continue to work on a draft of an application with input from the board.

Is there a time frame on variances? If a variance has been granted (it runs with the land) - the Director will check with the lawyers to see if there time frames can be imposed, or if the plan isn't built -- does it expire. Can variances expire if ownership changes? Can the ZBA dictate colors? public notice mailing list? the building department publishes public notice, the applicant pays for it - as well as sending to the neighbors from a list that the building department provides. Can the ZBA have different applications for different requests? Ask for cost for improvement? Can't read handwriting on applications? Fishkill's application requires escrow for every application Residential $2000 Commercial $5000 -- do we have a clear threshold for setting escrow? Can set for use variances. Everything doesn't have to be set for 2 meetings. Can ask for escrow during a discussion. Can make a judgment call during a discussion, if the situation becomes involved, can ask if there is an escrow. When an attorney is present, the town asks for escrow. If a clearing... ask for an escrow. Will have something for the first meeting in October to review. Will ask that applications be filled out legibly.