Zoning board unanimously approves variances for 12 Dogwood Lane accessory structures

The East Fishkill Zoning Board of Appeals voted unanimously June 23 to grant several setback variances for a property at 12 Dogwood Lane, approving relief for two pre-existing accessory structures and an above-ground pool.

The board approved a 13-foot rear-line variance for an existing 8-by-16-foot gazebo/firewood shed, a 13-foot rear-line variance for an existing 16-by-12-foot shed, and a 10-foot sideline variance for an above-ground pool. The resolution, offered by zoning board member Aziz Anson, cited compliance questions with section 194-107 and section 194-95 of the town code and treated the matter as a Type II action under SECRA, requiring no further environmental review.

Board findings stated the structures were pre-existing and that relocation would require removal and reconstruction. The resolution concluded that relocation alternatives were not feasible because the lot’s size, grade and existing improvements limited compliant placement. The board also found no demonstrated adverse impacts to neighboring properties and said any substantial nature of the variances was mitigated by the limited size and placement of the structures. "The granting of the variance will not produce an undesirable change in the character of the neighborhood nor create a detriment to nearby properties," the board read from its motion.

The vote was recorded in the affirmative by all members present. After the decision, the chair advised the applicant to proceed with the building department for permitting and compliance with any building-code requirements.

Why it matters: The board emphasized that these approvals reflect the specific facts of the property — pre-existing structures, a constrained lot and a septic system location that restrict options — and said the resolution should not be construed as setting precedent for other applications.

What's next: The applicant must contact the Town Building Department to complete any required permitting and to legalize the existing accessory structures under the approved variances.