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Planning board issues referrals and recommendations on several ZBA variance requests; pool house and accessory-structure items flagged for possible further PB/Z
Summary
The Planning Board on Jan. 7 reviewed several ZBA referrals — including a pool and pool house, accessory-structure variances and addition/setback requests — and provided guidance to the ZBA while flagging instances where planning-board review or county/DEC approvals might also be required.
The Planning Board on Jan. 7 reviewed multiple zoning-board (ZBA) referrals and variance requests and provided procedural referrals and guidance to the ZBA, including specific notes on whether planning-board review might also be required for some accessory structures.
Key referrals and board guidance
- Ben Floyd (pool and pool house): The board reviewed a request to place a pool and a heated pool house in front of the primary residence. Staff noted constraints including proximity to mapped wetlands/buffers and potential DEC jurisdiction following recent regulatory changes. The board recommended the ZBA consider the application and "rely on its own study of the facts," while also noting that the planning board could require review if the pool house is later used or configured as an accessory dwelling unit. The board recorded a motion recommending that the ZBA proceed with its review and noted the possible need for planning-board review depending on the final structure and amenities.
- Bach & Schickler (accessory structures at 26 White Schoolhouse Road): The board found no significant planning or environmental concerns for the proposed accessory-structure variance requests and passed a referral recommending the ZBA proceed. The board urged the applicant to preserve the historic barn on site and to ensure necessary technical reviews.
- Court House Floyd (setback variances for house addition and screened porch): The board reviewed a request for a 15-foot side-yard variance to allow a one-story addition and screened porch, and concluded there were no significant planning issues but noted potential DEC wetlands questions for the screened porch. The board recommended the ZBA proceed with review.
Board action and votes: The board moved, seconded and approved referrals for the ZBA to consider these matters; motions carried with unanimous voice votes recorded as "aye" in the transcript. The board included notes in referrals that ZBA or planning-board review might be required if accessory structures function as accessory dwelling units, and urged applicants to seek DEC and Dutchess County health determinations as applicable.
Why it matters: The referrals highlight a recurring question for the town: whether conditioned accessory structures with bathrooms or other amenities should be treated as accessory dwelling units and fall under planning-board review and county health department jurisdiction. Several applicants were advised to obtain written determinations from DEC and county health if wetlands or septic capacity are implicated.
