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Zoning board approves 12-foot sideline variance for Portillo gazebo
Summary
The East Fishkill Zoning Board of Appeals approved a 12-foot sideline variance for Edward Portillo to build a 12x14-foot gazebo on an existing concrete pad adjacent to his in-ground pool, finding existing improvements and lot constraints justified the variance.
The Zoning Board of Appeals on July 28 approved a 12-foot sideline variance for Edward Portillo to place a 12-by-14-foot gazebo on an existing concrete pad next to his in-ground pool. Chair opened the public hearing for Appeal 4161 and the board adopted a resolution finding the propertyconfiguration and existing improvements made relocation impractical.
Board member Aziz Essen offered the resolution, which concluded the variance "will not produce an undesirable change in the character of the neighborhood nor create a detriment to nearby properties" and that relocation would require substantial reconstruction. The motion passed on a roll call: Aziz Aye; Greco not present; Hal Berto Aye; Hart Aye; Chair Aye. After the vote the Chair told the applicant to contact the building/permit office to obtain the required permit.
Neighbors present raised screening and visibility concerns but did not introduce new evidence that persuaded the board to deny the request. The board noted the gazebo sits on an existing pad and that septic and other site constraints limit alternative placements. The board directed staff to file the resolution with the town clerk and send a copy to the applicant within five business days.
