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Zoning board grants variance to legalize existing pool at 12 Brothers Road, limits future replacements
Summary
The Town of Wappingers Zoning Board of Appeals approved an area variance to legalize an existing above-ground pool at 12 Brothers Road, allowing the current 5.9-foot setback but conditioning the approval so any new pool or substantial replacement must meet current setbacks or obtain a new variance.
The Town of Wappingers Zoning Board of Appeals voted to grant an area variance that legalizes an existing 18-by-33 above-ground pool at 12 Brothers Road while imposing conditions that limit the variance to the current installed pool.
The board opened public hearings on the application identified as Appeal no. 267870 and heard from the resident and applicant identified in the agenda as Renee Mendez, who told the board the pool had been purchased used and installed without a permit. Board members and town staff questioned whether electrical work was completed and whether the pool’s structural components conform to manufacturer specifications; staff said the building department inspects pools to New York State code and that a certificate of occupancy (C of O) will not be issued if the installation fails inspection.
Board members said the requested area variance is substantial — the pool’s wall is reported at 5.9 feet from the rear property line where 50 feet is required, a variance of roughly 44.1 feet — and expressed concern about precedent if similarly large variances were routinely granted. Several members noted neighboring properties with pools directly behind houses but emphasized that each lot’s constraints, including septic-field locations, must be evaluated.
After discussion about what constitutes a repair versus a new pool — staff said replacing manufacturer-designed parts is a repair but replacing walls or a high percentage of components could be a new pool — a board member moved to grant the variance with these conditions: the variance applies only to the existing, used pool; any new pool or material change to the pool that effectively creates a new pool must meet current setbacks or obtain a new variance; the building department must receive manufacturer specifications and perform inspections (including required electrical inspections) before issuing a C of O.
By roll call, the board recorded affirmative votes and announced the variance was granted. The board and staff told the applicant the building department would follow up to schedule inspections and review manufacturer documentation. The applicant said he would pursue required paperwork and thanked the board.
The board cautioned that the variance does not carry forward if the pool is dismantled or materially replaced: that scenario would require a new variance or compliance with present setback rules. Staff repeated that inspections must confirm compliance with New York State code and manufacturer specifications before a certificate of occupancy would be issued.
Actions at a glance: the board granted Appeal no. 267870 — area variance to legalize the existing above-ground pool at 12 Brothers Road — with conditions limited to the existing pool; outcome: approved.
