Town Zoning Board of Appeals Meeting Minutes - 10-01-08

TOWN OF RHINEBECK
ZONING BOARD OF APPEALS
MEETING MINUTES OF OCTOBER 1, 2008

ENT: David Baldauf, Chairman
Jeff Irish
Pierce Smith
Michael West
Scott Bergin

I. CALL TO ORDER
The meeting was called to order at 7:30 p.m.

II. APPROVAL OF MINUTES
Meeting minutes of September 17, 2008, were reviewed and approved.

III. NEW BUSINESS
Mirones, Tony - Case #754 - Area variance application for fence height increase from 4 feet to 6 feet for property located at 262 Route 308, Rhinebeck, New York. Mr. and Mrs. Mirones were present and reviewed the application with the Board. Mr. and Mrs. Mirones stated the traffic noise has greatly increased on Route 308 and they would like to have a 6 foot fence to block some of the noise. Mr. and Mrs. Mirones also stated they have had their home on the market for a few years and feel a fence would be more appealing to prospective purchasers. David stated the fence has already been partially built, without a building permit, and asked if the fence would be 6 feet along the sides as well as the front. Mr. Mirones stated he would like the entire fence to be 6 feet. Pierce asked how many feet the house is from the road and how many the house is from the property line. Mr. Mirones stated approximately 150 from the road, but was not sure. Pierce asked exact distances be provided. A Public Hearing was set for Wednesday, October 15, 2008, at 7:35 p.m.

IV. PUBLIC HEARINGS
There were no Public Hearings scheduled.

V. OLD BUSINESS

RESOLUTION DENYING AN AREA VARIANCE
PETER ILANI, CASE #751

WHEREAS, an application for an area variance, Case #751, was filed on 24 July 2008 in compliance with Town Law by Peter Ilani (applicant), who resides at 48 River Road, Rhinebeck;

WHEREAS, a public hearing on this application was held on 20 August and 17 September 2008 at the Town Hall;

WHEREAS, the record of the hearing has been reviewed and the members of the Zoning Board of Appeals have familiarized themselves with the property;

NOW, THEREFORE BE IT RESOLVED by the Board that for the following reasons the
Board denies approval for an area variance to create a new building lot of 1.72 acres with a reduced lot width of 250 feet as requested by the applicant.

1. The property is located in an R5A zone in the Town of Rhinebeck and is known as tax parcel #
6070-00-865395-00.

2. The applicant wishes to create a new building lot 1.72 acres in size with a reduced lot width of
250 feet, by subdividing his existing lot of 7.846 acres.

3. The Town of Rhinebeck Zoning Law, Section II(E)(3), requires a minimum lot size of 5 acres and the Bulk Regulations of Section IV(A) require a minimum lot width of 400 feet.

4. This property is designated on a scenic road and is in a National Historic District.

5. Five neighbors from four adjacent or nearby properties appeared at the public hearing and all opposed the creation of the proposed new lot.

6. Dutchess County Planning has stated that this is a matter of local concern.

7. The Board understands the applicant's position that there are similar sized lots in the area, but notes the unanimous position taken by five neighbors that the new lot would be an undesirable change or a detriment to nearby properties.

8. The Zoning Board of Appeals, after due deliberation, therefore denies the requested area variances from Section II(E)(3) for a reduced lot size and Section IV(A) for a reduced lot width, pursuant to its authority under Section XI (B)(3).

Motioned by: Jeff Irish VOTE:
Seconded by: David Baldauf David Baldauf - yes
Scott Bergin - yes
Dated: 1 October 2008 Jeff Irish - yes
Pierce Smith - yes
Michael West - yes

Zoning Secretary: Jadeen Murray

VI. ADJOURNMENT
The meeting was adjourned at 8:00 p.m.

Respectfully submitted,

Jadeen Murray, ZBA Secretary