Clinton ZBA grants Kilgore 5-foot side-yard variance for bedroom-bathroom addition

Dana Kilgore, the applicant and Story Lane resident, told the Town of Clinton Zoning Board of Appeals she wants to attach a 26-by-18-foot bedroom and bathroom addition to her two-bedroom home and requested a five-foot reduction in the side-yard setback so the foundation would be 45 feet from the property line. "My name is Dana Kilgore. I live on Story Lane, and I wanna put a bedroom bathroom addition on the right. I need, like, a foot and a half so I can be 50 feet off the line," Kilgore said during the public hearing.

The board’s zoning administrator described the lot as nonconforming and said topography and rock outcroppings limit siting alternatives; the planning board had recommended approval but noted a lower reduction (to 48.6 feet) on its paperwork that the ZBA said conflicted with the applicant’s request. The zoning administrator said the septic field is designed for a three-bedroom residence, and the house currently has two bedrooms, meaning the addition would not require a septic upgrade.

After opening and closing the public hearing with no public speakers, the board adopted a motion to grant an area variance under section 2‑50 (attachment 2, bulk regulations) to reduce the side-yard setback from 50 feet to 45 feet for the property on Story Lane in the AR‑3 zoning district. The board’s motion noted that the proposed addition would be more than 80 feet from the nearest neighbor, that the lot is nonconforming and constrained by topography, and that the variance represents a 10% reduction, which the board described as not substantial compared with other requests it has considered. The board recorded the action as a Type II action under SEQRA and said no further environmental review was required.

The ZBA placed two conditions on the approval: all accessory structures on the parcel must have certificates of occupancy verified or closed, and any exterior lighting on the new structure must be downward-facing. A board member clarified that eaves are treated separately for setback measurement and that the variance applies to the building foundation and wall.

The board voted to grant the conditional variance; the chair announced, "Your conditional variance is granted." The applicant was instructed to coordinate next steps with the zoning clerk.

The decision allows Kilgore to pursue building-permit steps subject to the ZBA conditions and verification of existing accessory-structure permits.

Kilgore’s area-variance matter consumed roughly the first third of the meeting and ended with the board’s conditional approval and direction to the applicant to follow up with staff.