So the February 27, 2024 ZBA meeting established that Benjamin Franklin's quote of "in this world nothing can be said to be certain, except death and taxes" .... needs to be updated to "in this world nothing can be said to be certain, except death, taxes and visit to the Town of Wappinger Zoning Board of Appeals." Property owners - as you update your end of life wishes and instructions to executors ... please prepare them for the inevitable trip to the ZBA to have them "legalize" your property for any variances that you may not even known you required. The latest meeting .... and this is just an example of other situations that individuals trying to settle estates for which they have been given ... included a discussion about a 9.1' x 22.2' shed that was on the property when the deceased bought it in 1990. In trying to settle the estate (which as anyone knows who has gone through the process is a time consuming, emotional and energy draining exercise) ... the executor had to brave a wet, rainy, dark night with a walker to establish that she is requesting a 17.4' variance (where 40' is required) on a .8 acre plot on Wheeler Hill Road. A site visit, requiring the executor to stake out the property line ahead of time, is scheduled for March 9, with a public hearing to legalize a shed that has been standing for at least 35 years. As the executor of the estate commented, if the variances isn't granted, her option is to pull down the shed (the new owner actually would like to use it) creating more stuff for a landfill. Of course Zoning Codes are important, they help us exist happily as neighbors, improve our quality of life and help ensure our safety. It is just interesting that the accessory buildings on a prominent property on Wheeler Hill didn't go through this same scrutiny when a former Town Supervisor sold his property - the setback distances of the structures seems terribly close to property lines and the number of accessory structures exceed those in the code... including the shipping container gracing the entrance .... all in a federally recognized historic district.
A public hearing on the property on Stonykill Road was postponed for the second time at the applicant's request, because they would like to exercise their right to have all 5 members of the ZBA present when the vote is taken. This is the second meeting in a row that the ZBA Chair was not present. Please read the previous notes on the specifics of this situation, but this is another case of a property owner dealing with a variance because of a previous owner's decision to build a shed within the current setbacks - but may have not been at the time the structure was built. The current property owner has made some modifications to the accessory structure -- and the property is next to the several hundred acre property owned by the state of NY. The public hearing was adjourned to March 12.
A public hearing requesting variances for setbacks on a property on Peters Road (which included "legalizing" a shed that has been on the property for decades -- with the proviso that a driveway to the shed be removed) was held. The property owner wants to expand the house to include a second story to accommodate a growing family and as the architect working the the project pointed out ... that the current house is not within the current setback requirements -- that with the lot size (.31 acre) - the buildable area is just 70' x 19'. When the property owner got a variance at an earlier time, for a porch - the setback requirement was 35' -- it is now 40'. Several neighbors attended the public hearing supporting the requested variances - citing the friendships that they shared and their desire to "see the applicant spend his money"cuing laughter and smiles. The ZBA approved the requested variances.
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