Just another ZBA meeting - kind of...

The May 12 Zoning Board Meeting was a series of Adjourned and new Public Hearings for Requests for Variances already reviewed in previous meetings.

A 59.30 acre property on Widmer Road was given permission to have 4 accessory structures, with the provision that they are not to be used for rental or airbnb. There was some clarification in the discussion, that Wappinger has NOT outlawed Airbnb as is apparently being discussed in some social media circles.

The owner of a property on Sergeant Palmateer Way was given permission to add a portico over the front steps, despite the 1937 house not having 50 feet to the front yard property, a variance allowing a conversion from a 1/2 second story to a full story and allowing a 12X14 she to be built within a rear yard setback.

A long discussion about amount of accessory structures built in the 1990s (prior to the current zoning code) on a property of 21.4 acres on Route 376 was held, as well as the request to put in a 6 foot fence along the back property, where a 4 foot fence is allowed. Intruders and curiosity seekers have reinforced the need for additional privacy. The requests were approved.

A discussion about the amount of setback needed for a rebuilt shed was held for a property on Larissa Lane... if the shed is smaller than requested, than a smaller variance would be needed, so the public hearing is adjourned until the exact measurements of the shed can be obtained.

Then a very difficult discussion for property owners on Robinson Lane. They would like to replace an existing above ground pool which was on the property when they purchased it. However, neighbors have a survey that shows that part of the current pool, and its proposed replacement is on their property. Each property owner has a certified survey showing distinctly different property lines. An Accommodation was agreed to -- but they were both advised that they need to hire attorneys to sort out a mistake in the "Schedule A" filings at the county court house. Apparently this is a known issue to the town from previous property owners ... why a subdivision was permitted with incorrect surveys is a question... and why the town, who approved the subdivision has no culpability wasn't answered.

A shed requiring a setback variance for property on Hackensack Heights Road was approved. Those property owners deserve a gold star for enduring such a long meeting.

The interesting topic was then brought up by the ZBA vice chair... "Can the ZBA hire their own attorney to guide and advise them on the decisions that they are making?" A clear answer was not provided, but this clearly harks back to the fireworks at the last meeting when the Town Attorney gave a somewhat flippant answer to a question that has been on the table for several months. How this would be executed and the timing was also not discussed. The Zoning Administrator explained to the board that she is still working on the determination of the as of right number of housing units for Alpine Commons. The members were anxious to get that opinion so they can prepare for the next board meeting.