Zoning board sets hearings, warns two stale applications may be abandoned

The East Fishkill Zoning Board of Appeals on June 23 scheduled public notices or set next steps for multiple pending applications while cautioning that two older files may be considered abandoned if applicants fail to appear.

The board directed staff to advertise hearings for appeal 4161 (Edward Portillo — proposed 12-by-14-foot gazebo on an existing concrete pad), appeal 4162 (Lydia Ellswick — proposed 32-by-40-foot detached garage seeking a 5-foot variance), appeal 4163 (William Verlin — special permit to bring in 2,437 additional cubic yards of fill), and appeal 4164 (Frank Healey — legalization of a one-bedroom caretaker apartment in a B-1 zone). Board members asked applicants to arrange required signage and confirmed that notices would be mailed to abutters.

Separately, the board reviewed the status of two older applications, appeal 4155 (LM Elite Realty, Posner Mountain Road) and appeal 4156 (Brendan Hafferman, 17 Flanders Road). Both applications were filed months earlier (4155 in February, 4156 in March). The chair warned that if the applicants do not appear at next month’s meeting, the board may take action to declare those applications abandoned.

Technical details and concerns raised:
- For appeal 4162 (garage), the applicant and an engineer explained the structure’s primary uses would be vehicle parking and tool storage; the board pressed for assurance there would be no plumbing or separate living conversion. Applicant confirmed no bathroom or heating would be installed.
- For appeal 4163 (fill), the applicant’s engineer presented a pre/post grading total of 2,437 cubic yards; he described that number as a worst-case figure pending a survey to quantify fill already placed. "I figured this is worst case," the engineer said, noting the board-allowed 375 cubic yards per year would be deducted from the total if verified.
- For appeal 4161 (gazebo) and 4164 (caretaker unit), applicants described existing site features — an existing concrete pad and a long-standing unit since 1990, respectively — and the board asked about property-line locations, visibility to neighbors and separate entrances.

What happens next: Each advertised item will have public notice and abutter notification before the board holds the public hearing. Applicants were instructed to coordinate with staff on signage and to ensure presence at the next meeting or risk abandonment of stalled applications.