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Clinton ZBA grants area variance to recognize existing dwelling at 4 Old Bulls Head Road
Summary
The Town of Clinton Zoning Board of Appeals granted an area variance to allow an existing dwelling at 4 Old Bulls Head Road to remain 11 feet from the front property line instead of the required 100-foot setback, subject to health‑department approvals and a recorded restriction limiting the variance to the existing structure.
The Town of Clinton Zoning Board of Appeals voted to grant an area variance for a property at 4 Old Bulls Head Road, allowing an existing dwelling unit to remain 11 feet from the required 100-foot front-yard setback.
The board action recognizes an existing structure on the 23-acre property owned by John Paul Avital. The variance passed with the board’s conditions that county health-department approvals for septic and well be obtained before any certificate of occupancy; that no external alteration increase the nonconformity without a separate variance; and that a record restriction (covenant) be filed in the county clerk’s office limiting the variance to the existing structure.
The applicant, John Paul Avital, told the board he purchased the former Meserich/Katz chicken farm and is “in the process of trying to get it back to life.” Planning-board materials and the Land Conservancy staff, Avital and board members said, indicate the structure predates modern zoning and historically served as a dwelling. Town staff advised the board that although photographs and onsite evidence show prior residential use, there is no town or county record of a formal change of use.
Board members debated whether a variance was strictly necessary given the building’s age and pre‑existing nonconformity, and whether granting a variance for the existing structure would limit a future primary dwelling on the parcel. Town staff and board members clarified that the variance, as drafted and amended, would apply only to the existing dwelling and would not automatically prevent a future primary dwelling from being built in compliance with code. Ron Mostello, who presented the draft motion, noted the property is 23 acres and in an agricultural district and ridgeline protection overlay; he described the variance as “an insurance policy” that would reduce future title and permitting questions because the structure predated zoning.
Neighbors who spoke at the public hearing supported the variance. Kathleen Blake and Jeff Silverman, who live nearby, said Avital’s work has improved the neighborhood and that the 11-foot setback is preferable to the prior condition. Vincent Tien, another neighbor of more than four decades, also expressed support.
The board’s written motion cites Section 250 (attachment 2, bulk regulations) and lists the variance conditions: health‑department signoff on final septic and well approvals; no external alteration increasing the nonconformity without separate variance; and a recorded covenant limiting the variance to the existing structure. The board recorded the motion and approval in its minutes.
Next steps for the applicant include obtaining the Dutchess County Department of Health approvals the board required before issuance of any certificate of occupancy and filing the covenant in the county clerk’s office.
