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ZBA conditionally approves 13-foot side setback for detached garage at 81 Mountain View Road

December 05, 2025 | Clinton, Oneida County, New York


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ZBA conditionally approves 13-foot side setback for detached garage at 81 Mountain View Road
The Town of Clinton Zoning Board of Appeals on Dec. 4 granted a conditional area variance allowing a detached 900-square-foot garage to be built 13 feet from the side property line at 81 Mountain View Road.

Architect Jamie Machado told the board the owners sought the setback relief because of site constraints: the proposed garage ties to an existing driveway, wetlands, electrical lines and rock outcroppings limited alternative locations, and the pool and new house location made other placements undesirable. A planning-board representative said the planning board visited the site and issued a unanimous positive recommendation.

Neighbor Lorraine Keogh, who lives directly north of the lot and said her property is under contract to sell Jan. 5, asked the board to table the matter until after closing. Keogh said the buyers' contract included language barring changes to "the property" and that approval could void the sale. Board members discussed whether a variance on an adjacent parcel would affect her contract and whether tabling would meaningfully change the outcome; the applicant said construction timing was sensitive.

Ron Mostello moved to grant the variance to reduce the side-yard setback from 50 feet to 13 feet and specified findings on nonconformity, SEQR Type II status, and the substantial nature of requested relief (approximately 75%). The motion included conditions requiring landscaping or screening between the new structure and the north property line, no storage outside the building footprint, downward-facing exterior lighting, and payment of all fees.

After discussion and several members abstaining, the board approved the conditional variance; the chair announced the variance had been granted. The record shows abstentions were recorded during the roll call and the motion passed with the conditions listed by the board.

The board added that no part of the proposed structure may be used as an accessory dwelling unit without site-plan approval and a special-use permit from the planning board. Enforcement and final permits are subject to building-department inspections and code compliance.

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