Pawling ZBA grants three variances for lakefront home, conditions approval on health clearance

The Town of Pawling Zoning Board of Appeals on June 22 approved three area variances allowing Christopher Modelawski to expand a small lakefront home at 28 North Crescent Drive, contingent on Dutchess County Board of Health approval for the property’s septic system and customary permitting requirements.

Modelawski told the board he and his wife own the house as a second home and plan to relocate there full time after retirement. He asked the board to permit a 528‑square‑foot addition, convert an existing half story into a full second floor and grant relief from three zoning provisions: a front‑yard setback (proposed 32 feet, 7 inches where 50 feet is required), increased lot coverage (proposed 21.25% where 10% is permitted) and a nonconforming‑building enlargement to allow the 528‑square‑foot addition. “The cross‑hatched area is 528 square feet,” Modelawski said when asked to clarify which new area constituted the requested variance.

Board members discussed the five statutory factors that guide area‑variance decisions, including whether the proposal would produce an undesirable change, whether the benefit sought could be achieved by other means, numerical substantiality and environmental impact. Members repeatedly flagged septic capacity because the work would create a fourth bedroom; the board heard that county rules typically require a 1,000‑gallon tank for three bedrooms and a 1,250‑gallon tank for four to six bedrooms. Terrence, a board member, said he would support approval “as long as the septic is good.”

Town staff and counsel advised the board that final building drawings submitted for a permit must comply with any variances granted, and that the minutes and final resolution would clarify the project limits for the building inspector. The board read draft resolution 2026‑003 into the record, discussed minor wording and numeric clarifications, and recorded findings for each of the five variance factors before voting to grant the variances as presented.

The motion to grant the three variances passed with the members present voting in favor; Allison Knox was recorded as excused. The resolution included standard conditions: payment of fees and escrow, commencement and substantial completion within two years, and a requirement that the applicant “comply with the strictures of the Dutchess County sanitary code” (as recorded by counsel and staff). The board also noted that final building‑permit drawings will be reviewed by the building inspector for compliance with the variances.

The board’s action clears Modelawski to seek a building permit and to proceed with final plans, subject to any additional requirements from the county health department and the building inspector. The applicant was reminded that site inspections and as‑built submissions will be required before issuance of a certificate of occupancy.

The ZBA moved next to a second, separate application on the agenda and later approved those variances as well.