Zoning Board of Appeals Meeting Minutes 08-19-09

TOWN OF RHINEBECK

ZONING BOARD OF APPEALS

MEETING MINUTES OF AUGUST 19, 2009

 

 

PRESENT: David Baldauf                 Michael West                   

                     Pierce Smith                    Jeff Irish

 

ABSENT:    Scott Bergin                 

 

 

I.       CALL TO ORDER

          The meeting was called to order at 7:30 p.m.

 

II.      APPROVAL OF MINUTES

          Meeting minutes of July 15, 2009, were reviewed and approved.

 

III.     NEW BUSINESS

          Pasquarelli, Edmund - Case #776 - area variance application for accessory structure increase from 3 to 5 for property located at 29 Delano Drive, Rhinebeck, New York.  Mr. Pasquarelli was present and reviewed his application with the Board.  Mr. Pasquarelli stated the gazebo and tool shed are not visible and approximately 110 feet from the road.  Mr. Pasquarelli stated these structures have been inexistence since 1986, and feels these add to the beauty and value of his property.  Mr. Pasquarelli stated he did not know that a garage and pool were considered accessory structures.  Pierce asked how many structures were currently on the property.  Mr. Pasquarelli answered a total of 5:  1--house, 2--pool

3--storage shed, 4--tool shed, and 5--gazebo.  Jeff asked approximate distances of the gazebo and storage shed.  Mr. Pasquarelli answered the gazebo is approximately 75 to 100 feet from the side lot line and at least 100 feet from the back boundary, and the storage shed is approximately 130 feet from the road, and approximately 35 to 40 feet from the side boundary.  Motioned by Jeff, and seconded by Pierce, the application was accepted.  A Public Hearing was set for Wednesday, September 2, 2009, at 7:35 p.m.

 

          Zubrycki, Clifford - Case #778 - area variance application for square footage increase from 1,500 square feet to 2,952 square feet for property located at 62 Violet Hill Road, Rhinebeck, New York.  Mr. Zubrycki was present and reviewed the application with the Board.  Mr. Zubrycki stated thre are certificates of occupancy for three outbuildings and the existing 24 square foot garage.  Mr. Zubrycki also stated he demolished a pool, with permit and certificate of occupancy as well.  Michael asked what the parcel acreage is.  Mr. Zubrycki stated it is 5 acres.  Jeff asked how far the pole barn would be to the east boundary line.  Mr. Zubrycki was not sure and will have the information at the next meeting.  Motioned by Michael and seconded by David, the application was accepted.  A Public Hearing was set for Wednesday, September 2, 209, at 7:40 p.m.

 

          Foster, David - Case #779 - area variance application for side setback reduction from 20' to 15' for property located at 21 Hutton Street, Rhinecliff, New York.  Mr. Foster was present and reviewed the application with the Board.  Mr. Foster stated he wishes to build a garage approximately 9 feet from the property line.  Mr. Foster added this location is the only possible space with connection to the driveway, since the property is very narrow.  Mr. Foster stated the garage would not be visible by any neighbors.  Mr. Foster presented design specifications of the garage to the Board.  Motioned by Pierce, and seconded by Jeff, the application was accepted.  A Public Hearing was set for Wednesday, September 2, 2009, at 7:45 p.m.

 

       Young, Henry - Case #781 - area variance application for setback reduction from 20 feet to 8 feet, for property located at 3 Liberia Court, Rhinebeck, New York.  Mr. Young was present and reviewed the application with the Board.  Mr. Young stated his property is very hilly and feels the proposed location of the shed  would be the best site, since it is flat land.  Mr. Young stated the neighbors would not be able to see the shed, as they are over 200 feet downhill.  Motioned by Pierce and seconded by David, the application was accepted.  A Public Hearing was set for Wednesday, September 2, 2009, at 7:55 p.m.

 

 

          Ruger, Emery - Case #780 - area variance application for side setback reduction from 20' to 4' 8" and creation of 3 flag lots for property located at 264 Rhinecliff Road, Rhinebeck, New York.  Mr. Ruger was present and reviewed the application with the Board.  Mr. Ruger presented proposed maps showing lot lines and placement.  Mr. Ruger stated he has obtained prior approval from the Planning Board and the ZBA regarding lot line changes in 2001, and is now looking to implement them, adding he wishes to transfer some land to his son.  Pierce asked what the particular lot acreage is.  Mr. Ruger replied one lot is 12 acres, one 1.45 acres and the last close to 5 acres.  Mr. Ruger stated he does have a letter of approval of the paper road, from NYSDOT and will provide it at the next meeting.  Motioned by Pierce, and seconded by Michel, the application was accepted.  A Public Hearing was set for Wednesday, September 2, 2009, at 8:00 p.m. 

Rhinebeck Mews, LLC - Case #777 - Interpretation Application from Rapport Meyers, et al., for Stop & Shop Supermarket Company, LLC., for property located at 6734 Route 9, Rhinebeck, New York.  Applicant's attorney, George Rodennausen was present and briefly reviewed the application with the Board.  Joseph Hucko of Washington Street Partners also was present and submitted a time line description to the Board.  Neighboring property owners' attorney, Ann Gifford was also present.  Ms. Gifford requested the matter be adjourned.  David stated the application was on the agenda for acceptance and review for completeness, not for argument.  David also stated Ms. Gifford could present testimony or further information up to and including the Pulic Hearing date.  David requested a letter of authorization, from Stop & Shop, LLC., the current property owner, be provided.  Motioned by Pierce and Seconded by David, the application was accepted.  A Public Hearing was set for Wednesday, September 2, 2009, at 8:05 p.m.

 

 

 IV.    PUBLIC HEARINGS

          Sherrod, Barry & Kelly - Case #773 - Area variance application for rear

setback reduction from 35 feet to 30 feet for property located at 323 Ackert Hook Road, Rhinebeck, New York.  The Public Hearing opened at 7:55 p.m.  There were no neighboring property owners present and the Board was prepared for resolution.  The Public Hearing was closed at 8:00 p.m.

 

 

 

 

 

 

 

 

RESOLUTION GRANTING AN AREA VARIANCE

Barry & Kelly Sherrod, Case #773

 

 

WHEREAS, an application for an area variance, Case #773, was filed on July 15, 2009 by Barry & Kelly Sherrod in compliance with Town Law;

 

WHEREAS, a public hearing on this application was advertised and held by the Town of Rhinebeck Zoning Board of Appeals on August 19, 2009 at the Town Hall;

 

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

 

NOW, THEREFORE BE IT RESOLVED by the Board of Appeals that for the following reasons the Board GRANTS approval for an area variance to reduce the rear setback from 35' to 33' to allow the construction of an addition to an existing sun porch:

 

1.  The applicants' 2.18 acre parcel is in the R3A zone located at 323 Ackert Hook Rd. and is known as tax parcel #; 6269-00-095336.

 

2.  The applicants intend to construct an addition to the existing sun porch at the rear of their house and approx. seven (7) square feet of the addition will extend two feet into the rear setback;

 

3.  The ZBA has determined that the proposed addition and the resulting change in the rear setback will have no negative impact on the neighborhood and there were no objections voiced at the public hearing;

 

4.  The ZBA, after due deliberation GRANTS a variance from Section IV(A) of the Zoning Law citing it's authority under Section XI.(B)(3);

 

5.  Construction of the addition as detailed in the application must commence within one calendar year of the issuance of these findings or this variance will become null and void;

 

6.  The granting of this variance in no way obviates the need for the applicants to obtain any additional approvals and permits, including but not limited to Planning Board approval. 

 

 

Motioned by:  Michael West                                                  VOTE

 

Seconded by:  Pierce Smith                                                    David Baldauf - yes

                                                                                                Scott Bergin - absent

Date Approved: August 19, 2009                                          Jeff Irish - yes                                                                                                                                     Pierce Smith - yes

Zoning Clerk:  Jadeen Murray                                                Michael West - yes

 

* * * * *

 

          Gasparini, Anthony & Denise - Case #774 - Area variance application for

side setback reduction from 35 feet to 30 feet for property located at 102 Old Albany Post Road, Rhinebeck, New York.  The Public Hearing opened at 8:00 p.m.  There were no neighboring property owners present and the Board was prepared for resolution.  The Public Hearing was closed at 8:04 p.m.

 

RESOLUTION GRANTING AN AREA VARIANCE

ANTHONY AND DENISE GASPARINI

CASE # 774

 

 

WHEREAS, an application for an area variance, Case # 774, was filed on 29 June 2009 in compliance with Town Law by Anthony and Denise Gasparini (applicants), who reside at 102 Old Albany Post Road in the Town of Rhinebeck;

 

WHEREAS, the public hearing on this application was been held on 19 August 2009 at the Town Hall;

 

WHEREAS, the members of the Zoning Board of Appeals witnessed the public hearing and have familiarized themselves with the property;

 

NOW, THEREFORE BE IT RESOLVED by the Board that for the following reasons the Board GRANTS approval for the area variance to permit construction of an addition to the main house that will be not closer than 30 feet from the south side lot line.

 

1.            The property is located in the R3A zone in the Town of Rhinebeck and is known as tax parcel # 6168-00-494555.

 

2.            The Town of Rhinebeck Zoning Law Section IV (A) requires a minimum setback of 35 feet from the side property line in the R3A zone.  

 

3.            The applicants wish to construct an addition to their house, which will at its southeast corner be approximately 32 feet from the side lot line.

 

4.            The Board notes that the plans provided by the applicant show that the proposed addition will be in character with the existing house, and that being at the rear of the house will generally only be visible through some trees from a section of the neighbor's driveway to the south.

 

5.            There was no opposition to the application at the public hearing, and five neighbors signed a statement supporting the variance application and proposed addition.

 

6.            The application is acceptable to the Zoning Board of Appeals, and Dutchess County Planning has stated that this is a matter of local concern.

 

7.            The Zoning Board of Appeals, after due deliberation, grants an area variance from Section IV (A) permitting the addition to be built not closer than 30 feet from the side lot line, pursuant to its authority under Section XI (B)(3).

 

8.            The granting of this variance does not absolve the applicant from obtaining any other required permits.

 

9.            Construction of the addition must commence within one year of today's date or this variance will become null and void.

 

Motioned by:  Jeff Irish                                                                 VOTE:

 

Seconded by:  Pierce Smith                                                                       David Baldauf - yes

                                                                                                      Scott Bergin -absent

Date Approved: 19 August 2009                                                   Jeff Irish - yes

                                                                                                      Pierce Smith - yes

                                                                                                      Michael West - yes

 

Zoning Secretary:  Jadeen Murray

 

* * * * *

 

     Sie, Susan - Case #768 - (continuation) The Public Hearing was opened at 8:07 p.m.  The applicant requested a recess.  The Board agreed and continuation was set for Wednesday, September 16, 2009, at 7:35 p.m.  There were no public comments.  The Public Hearing was recessed at 8:08 p.m.

 

      VI.       ADJOURNMENT

                The meeting was adjourned 8:15 p.m.

 

      Respectfully submitted,

 

 

     Jadeen Murray, Zoning Secretary