Zoning Board of Appeals Meeting Minutes 09-02-09

TOWN OF RHINEBECK

ZONING BOARD OF APPEALS

MEETING MINUTES OF SEPTEMBER 2, 2009

PRESENT:      David Baldauf             Michael West     

                         Pierce Smith               Jeff Irish                       Jack Maasz

                        Scott Bergin                                                      Barbara Cunningham

I.          CALL TO ORDER               

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

II.        APPROVAL OF MINUTES

            Meeting minutes of August 19, 2009, were amended and approved. 

III.       NEW BUSINESS

            John Sammut - Case #782 - Mr. Sammut explained he wants to build a garage for antique cars and needs accessory structure increase from 3 to 5 buildings.  David asked about the lot coverage and it is fine.  The drawing is not to scale.  He will submit a survey at the Public Hearing.  Motioned by Michael, and seconded by Scott, the application was accepted.  A Public Hearing was scheduled for September 16, 2009, at 7:35 p.m.

 IV.      PUBLIC HEARINGS

            Edmund Pasquarelli - Case #776 - The Public Hearing opened at 7:38 and closed at 7:42.  Mr. Pasquarelli is applying to an area variance to increase accessory structures from 3 to 5.  They didn't realize swimming pool and attached garage were accessory structures.  Tony Celenza said he supports this variance and his property is in impeccable condition and enhances the neighborhood. 

            Clifford Zubrycki - Case #778 - The Public Hearing opened at 7:43 and closed at 7:46.  Mr. Zubrycki would like to build a pole barn structure for storing antique cars.  The law allows 1500 feet and he needs 2952 feet.  David said this is twice what is allowed.  Jeff asked what the side setbacks were.  Mr. Zubrycki said 55 feet on the east side.  Michael said this is 5 acres in an R3A zone. 

            David Foster - Case #781 - The Public Hearing opened at 7:47 and closed at 7:59.  Betsy Jacaruso explained they would like to build a garage but the property is narrow and the driveway is steep.  They need a reduction is side setback from 20 feet to 15 feet.  The garage won't be visible from any property.  David questioned the size of the garage.  Betsy said she wants all the cars in the garage for the winter.  The plowing is difficult with all the cars in the driveway.  Jeff asked if the pine tree would stay.  Betsy said it depends on the slab placement and damage to roots.  The lot is 1.6 acres, 118 feet wide.

            Henry Young - case #781 - The Public Hearing opened at 7:55 and closed at 7:59.  Henry said the shed placement necessitates the setback reduction from 20 feet to 8 feet.  He has 2 & ½ acres and this is the logical spot.  Pierce asked if the shed would be in the back of the wood pile and Henry said it would be in the front in a very wooded area.

            Emery Ruger - case #780 - The Public Hearing opened at 7:55 and closed at 8:05.  Emery submitted the filed map.  This is a 2-fold, 2-phase process.  The greenhouse will be too close to the property line @ 4 feet 8 inches.  Then he will add a sliver of land on the 5 acre parcel for the driveway.  He wants to readjust the lot lines to add to his son's property.  David said the issue is 3 flag lots.  Emery asked to please call before visiting the property.

            Rhinebeck Mews - case #777 - The Public Hearing opened at 8:05 and closed at 9:10. 

Chairman Baldauf explained the issue is the expiration of the site plan.  Jack Maasz, ZEO, cited Section VII(E)(4) of the Code stating that site plan approval shall expire if a complete application for a building permit or a C.O. is not submitted within six months after the signing

and stamping of the site plan by the Planning Board.  An extension of a maximum of six months may be granted by the Planning Board upon written request.  Since there was no building permit issued, the site plan expired.  

Mr. Rodenhausen stated Rhinebeck Mews requests that the Board find that all construction and improvements contemplated under the 2001 site plan were substantially completed, timely building permits and certificates of occupancy were obtained and the 2001 site plan is consequently valid today.  Rhinebeck Mews further asked the board to find that it may proceed with its site plan amendment to the approved 2001 shopping center site plan.  Mr. Cantor stated it is urged that the Board affirm the portion of the determination that is the subject of the appeal, to wit, the determination that the previous site plan approval for tax parcel 6170-00-79982 has expired and that any new, present or future plans for development of that parcel require the submission of a new application for site plan review to the Planning Board.

Pat McLaughlin stated this is an agricultural community.  Open space should be saved.  Tractor Supply would be an asset.  We are starting to see community support for agricultural development. Gary McLaughlin stated the Comprehensive Plan supports open space and local farmers need this store.  Ed Russell asked if the C.O. revoked for Grand Union, saying the C.O. may still exist.  Jack Maasz stated the C.O. was not revoked.  Mr. Rodenhausen stated the he rules apply that you must appeal within 60 days.  Tonight Mr. Cantor wants to apply for 4 new appeals.  It is relevant to hear why citizens want Tractor Supply.  Rhinebeck Mews can't keep fighting this legal battle.  Legal fees are already $23,000.  They are under contract with Stop & Shop and cannot start over.  He would like to respond to any submitted affidavit.  He asked to please close the public hearing tonight.  This is really a matter of trying to stop competition.  Mike DeCola stated there are several abandoned buildings in Rhinebeck.  Please don't stand in the way of any viable business entering Rhinebeck.  This is a commercial building waiting for an occupant.  He wants to support Rhinebeck Mews and see money spent in Rhinebeck.  Mr. Cantor stated the buildings are not abandoned.  They are on the tax roles.  It needs a new site plan and new special permit.  Sally Mazzarella stated the planning process is critical.  The Issue today is not dealing with open space.   The site plan has expired.  If the permit needs a site plan, then they belong together.  The timeline was not met.  Please recognize expirations have occurred. 

Scott Bergin stated he'd like to give Mr. Rodenhausen a two week opportunity to respond.  Jack will supply the Board with 2001, 2002 and 2003 planning board information.  Jack will also speak with the Building Inspector.  Joe Hucco asked the Board to please be respectful to their needs.  They have been respectful to the Town's requirements.  After 1 & ½ years, this new matter came up.  Mr. Rodenhausen stated he would get a rebuttal to Jadeen within 2 weeks.  David Baldauf stated this matter would be reconvened on 10/7/09.                                                                                                                                                         

VI.       ADJOURNMENT

            The meeting was adjourned at 9:15 p.m.

Respectfully submitted,

Barbara Cunningham

By:  Jadeen Murray, Zoning Secretary