When is it a Pool Repair vs. a New Pool

The June 23rd ZBA meeting in the Town of Wappinger veered off into Code Enforcement discussions.

A property owner on Brothers Road came to the board requesting a large set-back variance to legalize an above ground pool on his property. The property has a drainage ditch on it, which, while the home owner purports to have a deed indicating that the ditch is a town easement, has subsequently been told that the ditch is not the town's responsibility, but it is his responsibility to keep water flowing through it. This and the location of a septic system reduces the area available to site a pool, and thus his request for a setback variance of 44.1 feet where 50 feet are required. When the ZBA visited the property, they apparently had concerns about the safety of the pool. So this led to a conversation about if they approved the variance for this pool, with the provision that the variance would not extend to any future pools -- that any new pool would have to conform to the setback requirements and/or go through the variance process again. So -- then the discussion was if the sides of the pool were repaired with parts from the manufacturer, would that be considered a "new pool" or a "repaired pool"? In any event, the code enforcement officers still have to inspect the pool and determine if the pool and the associated electrical systems are safe. So after a public hearing and this long discussion, it was finally concluded with the board voting 4-1 that the individual could have a variance for this pool.

An applicant on Carroll Drive with .36 acres is requewsing rear and side yard set back variances for an inground pool and a shed. There are currently 3 existing sheds on the property (where two are allowed). The ZBA members will visit the site on July 18th, with a public hearing scheduled for July 20th.