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Zoning Board of Appeals approves variances to legalize Hopewell Junction pool, deck, shed and porch
Summary
The Zoning Board of Appeals on June 24 approved multiple variances for John McMahon of 37 Circle Drive, Hopewell Junction, allowing an existing above-ground pool, a pool deck, a shed and a front porch to remain. The board cited the property's long occupancy and lot size in granting the variances.
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The Zoning Board of Appeals approved variances on June 24 for several preexisting structures at a Hopewell Junction property owned by John McMahon, the board said during a brief public hearing and resolution vote.
Board members opened the public hearing for Appeal 4142 after the chair announced the applicant and the requested relief: variances for a 16-by-32-by-5-foot above-ground pool (rear and side yard variances), an 18-foot rear-yard and 6-foot side-yard variance for a 310-square-foot pool deck, a 14-foot sideline variance for an existing shed, and a 22-foot front-line variance for a 21-by-6-foot (126-square-foot) front porch. A legal notice for the hearing was published in the Southern Dutchess News on June 18, 2025, and the board held the public hearing on June 24, 2025.
The chair told the applicant that the board had previously reviewed the application and thanked McMahon for his military service, saying, "we learned that you were a member of the armed services, so I do wanna start by thanking you for your service." The chair said many of the structures were constructed while McMahon was deployed and described the current request as an effort to "clean up" longstanding, nonconforming structures prior to selling the property.
Board members asked whether neighbors had objected; the applicant indicated the pool has been on the property for years and no objections were reported. After discussion, the board considered a written resolution offered in the meeting text as coming from zoning board member Aziz (transcript variant: "Asim") that summarized findings supporting the variances: the property has been occupied by the owner for nearly six decades, the lot is in an R-1 zone and is smaller than one acre, the structures predate the zoning provisions, and granting the variances would not produce an undesirable change in neighborhood character.
The resolution adopted the variances for all items described and directed the board to file a copy of the resolution with the town clerk and send a copy to the property owner within five business days. The board seconded the motion and recorded affirmative votes; the chair announced, "Your motion carries." The board then adjourned.
The board noted two upcoming meeting dates: Tuesday, July 22 and Tuesday, August 26.

