Zoning Board of Appeals Meeting Minutes 09-16-09
Posted on: 3/17/2010
Date of Minutes:
09/16/2009
TOWN OF RHINEBECK
ZONING BOARD OF APPEALS
MEETING MINUTES OF SEPTEMBER 16, 2009
PRESENT: David Baldauf Michael West
Pierce Smith Jeff Irish
Scott Bergin
I. CALL TO ORDER
The meeting was called to order at 7:30 p.m.
II. APPROVAL OF MINUTES
Approval of meeting minutes of August 19, 2009 was deferred.
III. NEW BUSINESS
Lamprecht, Karl & Susan - Case #783 - Interpretation Application regarding neighboring property Rhinebeck Equine. Warren Replansky, Esq., Applicant's representative was present and reviewed the Application with the Board. Mr. Replansky stated Rhinebeck Equine has increased their footprint twice since 2002, adding 5,360 square feet to the original footprint. Mr. Replansky stated this is a 69% increase that has negatively impacted the value and desirability of the Lamprecht's property. Motioned by Scott and seconded by Pierce, the Application was accepted. On consent of applicant, Mr. Replansky requested a one month adjournment to negotiate an amicable resolution between property owners. The Board granted the adjournment advising Mr. Replansky to contact Jadeen for scheduling.
IV. PUBLIC HEARINGS
Sie, Susan - Case #768 - Area variance application for setback reductions of:
50' to 9.5' - front Tewkesbury Street; 50' to 19.5' - front - Grinell Street; 20' to 19.5' - side and 25' to 7.5' - rear. The Public Hearing opened at 7:35 p.m. Ms. Sie and her representative Steve Mensch were present and displayed a slide show presentation showing the existing home, neighboring properties and proposed changes and design considerations. Mr. Mensch asked the Board to take particular note of the roof lines and styles in the neighborhood. Mr. Mensch stated Tewkesbury Street is very steep and basically impassable in the winter months. He stated the current home is actually a bit over the property line, adding the new house would improve the setback situation. Pierce asked the square footage of the existing house and new house. Mr. Mensch stated he did not know the actual square footage. He stated the lot coverage was approximately 12%. Pierce asked what the new lot coverage would be. Mr. Mensch sated approximately 18.6 percent. Pierce asked Mr. Mensch to estimate the square footage of the existing house and the new house. Mr. Mensch stated by his best guess the current house is approximately 1,400 square feet and the new house would be approximately 2,500 square feet. Mr. Mensch stated the new garage would be 8 & 1/2 feet tall and would blend very well on the property, as Ms. Sie plans to leave as many existing trees as possible. Mike Amsden and Gregg Sokaris stated their windows are the height of Tewkesbury and don't like the idea of having to look at a garage. Mr. Mensch stated Ms. Sie would be willing to plant shrubs as a barrier if they would like. Michael Amsden stated the plans presented to the Planning Board should be reviewed in comparison to the slide show presentation. Pierce asked if the slide show and drawings are exact to what was viewed by the Planning Board. Mr. Mensch stated the information is the same. Mr. Amsden asked if the garage would be two-car garage with an added shed. Mr. Mensch stated it will be a two-car garage with a shed next to it with a flat roof. Mr. Mensch stated the length of the two-car garage and shed along Tewksbury is approximately 36 feet. Tod O'Gada asked if Mike Amsden and Gregg Sokaris actually had a river view. Mr. Sokaris stated they do not have a river view adding he enjoys the wooded area in such a densely populated neighborhood. Richard Kopyscianski stated his property backs up to Tewkesbury Street and agrees that the road is very dangerous and scary. Mr. Kopyscianski stated he feels putting the garage in the proposed location is a great idea concerning the safety issues of the road.
Cynthia Phillip asked the Board if the lot coverage complied with the zoning law and asked the Board to consider the large variances being requested. The Board was in agreement there should be two additional variances. One for fence height from 4' to 7.5' and one for lot coverage from 12% to 18.6%. Andrew Shephard stated he was on the Rhinecliff Comprehensive Plan Committee, and he is in full support of this matter. David asked if the garage could be placed on the parcel across the street. Mr. Mensch stated Ms. Sie would like to use the parcel as a garden because the site slopes down. There would be an issue with the driveway during the icy winters, adding that side of the street is mostly used by walkers and joggers. Mr. Sokaris stated the lot coverage increase is nearly double the maximum standard and would have a substantial visual effect. He feels the proposed gazebo with covered walkway and garage would be very bulky. Pierce asked Mr. Sokaris and Mr. Amsden if they would be agreeable to having the trees for screening. They both said they would, considering it may be necessary to reconstruct the retaining wall. Mr. Kopyscianski asked the Board to note that the new structure would be under 2,700 square feet which is in line with the new comp. plan and also to consider other area garages and the library. Mr. Mensch stated no doors would be visible and the garage would have vertical siding. David asked if the lot size is 12,600 square feet. Mr. Mensch confirmed the figure. Mr. Mensch stated the materials are the same. Todd Delgadio stated other homes in the area use more than 50% of their lot size and is glad to see property owners putting in their finances and efforts to improve the area. Mr. Lance Ringle stated he is the Chairman of the Rhinecliff Advisory Council. He believes in the good neighbor policy and is pleased to see the local projects, adding an important issue is to aim to keep the project to scale. Cynthia Philip stated the determination of this case would set a precedent David assured her each and every case brought before the Zoning Board is determined on individual merit and consideration. With no further public comment, the Public Hearing was closed at 8:45 p.m.
Sammut, John - Case #782 - area variance application for accessory structure increase from 3 to 5 for property located at 221 Cedar Heights Road, Rhinebeck, New York. The Public Hearing opened at 8:45 p.m. Mr. and Mrs. Sammut were present and reviewed the application with the Board. Jeff asked what Mr. Sammut would be storing in the shed. Mr. Sammut explained he would like to use the 30 x 30 shed to store 5 antique motorcycles, 1 Chevelle, 1 tractor and lawn equipment. Neighboring property owner, Renate Frank of was present and expressed concern about the number of structures on the property. Ms. Frank stated she owns 38 acres surrounding the property and feels this is overdevelopment. Ms. Frank asked if Mr. Sammut would be putting in a second floor or electric. Mr. Sammut stated he will be putting in electric and not building a second floor. Pierce asked if Mr. Sammut put in the pool and sheds. Mr. Sammut stated he did. Pierce noted there is no driveway and asked how Mr. Sammut would be able to move the cycles and car stored in the shed. Mr. Sammut stated he does not drive them often and would move them using a tractor. Jeff stated the two existing sheds will need to be in compliance with proper building permits. The Public Hearing was closed at 9:00 p.m.
V. OLD BUSINESS
RESOLUTION GRANTING an AREA VARIANCE -
Edmund Pasquarelli - Case # 776
WHEREAS, an application for an area variance, Case #776, was filed on 24 July 2009 in compliance with Town Law by Edmund Pasquarelli (applicant), who owns the property at 29 Delano Drive;
WHEREAS, a public hearing on this application was held on 2 September 2009 at the Town Hall;
WHEREAS, the record of the public hearing has been reviewed by the members of the Zoning Board of Appeals and the members of the Board have familiarized themselves with the property;
NOW, THEREFORE BE IT RESOLVED by the Board to grant approval for an area variance to increase the number of permitted accessory structures on the property from three to five. The Board finds that:
1. The property is located in the R3A zone in the Town of Rhinebeck and is known as tax parcel # 16-6168-00-571837 and is approximately 2.6 acres in size.
2. The applicant currently has five accessory structures on the property; an attached garage, a gazebo, two sheds and a swimming pool.
3. The Town of Rhinebeck Zoning Law, Section IV(G)(1)(f) limits the number of allowed accessory structures to three, and so on 17 July 2009 the town Zoning Administrator correctly issued an "Order to Remedy - Notice of Violation".
4. The Board notes that the property and the structures are attractive and well-maintained, and are in character with the main dwelling and surrounding wooded neighborhood of larger homes.
5. There was no opposition to the application at the public hearing. One neighbor appeared and spoke in favor of the application and requested variance.
6. Dutchess County Planning has stated that this is a matter of local concern.
7. The Zoning Board of Appeals, after due deliberation, grants approval for an area variance to increase the number of permitted accessory structures on the property from three to five, and thereby vacates the "Order to Remedy - Notice of Violation", pursuant to its authority under Section XI (B)(3).
8. Granting of this variance does not relieve the applicant from obtaining any other required approvals or permits.
Motioned by: Jeff Irish VOTE:
Seconded by: David Baldauf David Baldauf - yes
Scott Bergin - yes
Date Approved: September 16, 2009 Jeff Irish - yes
Pierce Smith - yes
ZBA Secretary: Jadeen Murray Michael West - yes
* * * * *
RESOLUTION GRANTING AN AREA VARIANCE
CLIFFORD ZUBRYCKI
CASE #778
WHEREAS, an application for an area variance, Case #778 was filed on August 8, 2009 by Clifford Zubrycki 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 September 2, 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 allow for a proposed garage addition increasing the square footage from the present 552 square feet to 2,952 square feet:
1. Applicant's approximate 5-acre parcel is in the R3A Zone and located at 62 Violet Hill Road and is known as tax parcel #6270-00-190227.
2. The applicant intends to construct an addition to the existing garage which will consist of a 40 feet X 60 feet pole barn.
3. The current garage is 552 square feet. The proposed pole barn would be 2,400 square feet giving a total square footage of 2,952 square feet.
4. §IV(G)(1)(d) of the Town of Rhinebeck Zoning Law states that accessory structures shall not be in the aggregate more than the principal building (in this case 1,838 square feet) or 1,500 square feet whichever is more restrictive.
5. As a result, the proposed pole barn addition would be 1,452 square feet more than allowed by the Town of Rhinebeck Zoning Law.
6. The applicant stated at the public hearing that the proposed pole barn would be 55 feet from the side lot line. Accordingly, the proposed pole barn meets the minimum building side setback of 20 feet required in a R3A zone as set forth in Section IV (G) (1) (B) of the Zoning Code.
7. The ZBA has determined that the proposed addition and resulting increase in square footage will have no negative impact on the neighborhood and there were no objections voiced at the public hearing.
8. The Dutchess County Planning Board has stated that this is a matter of local concern.
9. The ZBA after due deliberation grants the variance from §IV(G)(1)(d) of the Zoning Law citing its authority under §XI(B)(3).
10. Construction of the addition as detailed in the application must commence within one (1) calendar year of the issuance of this Resolution or this variance will become null and void.
11. The granting of this variance in no way obviates the need for the applicant to obtain any additional approvals and/or permits including, but not limited to, Planning Board approval.
Motioned by: Scott Bergin
Seconded by: Michael West
VOTE:
David Baldauf - yes
Scott Bergin - yes
Pierce Smith - yes
Date Approved: September 16, 2009 Michael West - yes
Jeff Irish - yes
Jadeen Murray
Zoning Secretary
* * * * *
RESOLUTION GRANTING AREA VARIANCE
David Foster - ZBA CASE 779
WHEREAS, an application for an area variances, Case # 779, was filed on August 4, 2009 by David Foster (" Applicant") in compliance with the Town Law;
WHEREAS, a public hearing on this application for the variance was advertised and held by the Town of Rhinebeck Zoning Board of Appeals on September 2, 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 permit a building setback reduction from 20 feet to 15 feet. This action is based on the following findings:
1. The property is located at 21 Hutton Street, in the R1A district in the Town of Rhinebeck and is known as tax parcel # 6069-06-473993.
2. The Applicant wishes to build a garage with second floor storage in a location which is 15 feet from the neighbor's property line. Section IV (G) of the law requires a 20 foot setback for accessory structures and so the applicant is requesting a variance.
3. There were no objections at the public hearing.
4. The garage location and variance will not cause a determent to the neighborhood, and there will be no adverse impact to the environmental conditions of the neighborhood. .
5. Dutchess County states this is a matter of local concern.
6. The ZBA, after due deliberation, approves the above request for a variance from Section IV (G) under their authority cited in Section XI of the law.
9. Unless implementation is commenced within one year from the date of issuance of this
variance, same shall become null and void without further action of the ZBA.
9. This variance in no way obviates the need for the applicant to obtain whatever additional approvals and permits required by the Town of Rhinebeck, including but not limited to Planning Board approval.
Motioned by: Pierce Smith
Seconded by: Scott Bergin
VOTE:
David Baldauf - yes
Jeff Irish - yes
Scott Bergin - yes
Pierce Smith - yes Michael West - yes
Dated: September 16, 2009
Jadeen Murray,
Zoning Secretary
* * * * *
RESOLUTION GRANTING AREA VARIANCES
Emery Ruger - Case #780
WHEREAS, an application for two area variances, Case #780, was filed on August 12th, 2009 by Emery Ruger in compliance with Town Law;
WHEREAS, a public hearing on this application for the area variances was advertised and held by the Town of Rhinebeck Zoning Board of Appeals on September 2nd, 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 two area variances, one to allow for a reduction in the side setback from 20' to 4' 8" and another to allow for the creation of three flag lots where one is allowed, subject to the conditions in item #10 of this document;
1. The applicant's property is located in the R1A zone at 264 Rhinecliff Rd. and is known as tax parcels # 6070-04-800216 (parcel 1), # 6070-04-760251 (parcel 2) and # 6070-04-735231 (parcel 3);
2. The applicant plans to make a lot line adjustment, transferring 0.152 acre from parcel 1 to parcel 2 placing said lot line just 4' 8" from an existing greenhouse. (The line is currently running through the structure);
3. The applicant also intends to transfer a forty foot wide strip of land from parcel 3 to parcel 1 for the purpose of making a driveway to access parcel 1, in effect making it into a flag lot with two poles surrounding parcel 2 (current access is via a shared driveway through parcel 2) No variance is required for this transfer as parcel 1 currently exists as a flag lot;
4. The lot line adjustments described in articles 2 & 3 leave parcel # 1 as a 12.09 acre lot in the R1A zone with one dwelling and two road frontages, one of forty feet and one of eighty feet in width;
5. The applicant wishes to further subdivide parcel #1 into three flag lots, creating a 6.11 acre parcel with his current dwelling and the forty foot frontage and two 3 acre (+-) building lots that would share a common drive through the eighty foot strip (each having forty feet of road frontage);
6. The applicant has stated his intention that one of the three acre parcels would be developed for use by his daughter and that the other would be saved for possible sale in the future;
7. The Board has concluded that the side yard set back variance from 20' to 4' 8" for the greenhouse will have no detrimental effect on the neighborhood;
8. While the Board acknowledges that the increase in flag lots from one to three seems like an extreme request, it acknowledges that in the R1A zone, the creation of three lots of this size would not be detrimental to the character of the neighborhood and would be preferred over the potential future creation of multiple one acre lots;
9. There were no objections raised by neighboring property owners at the public hearing;
10. This variance to create three lot subdivision of Parcel 1 is subject to site plan approval from the Town Planning Board, as well as all BOH regulations and NYS DOT approvals for the two additional requested curb cuts;
11. The ZBA, after due deliberation GRANTS the variances from Sections IV(G) and IV(J)(2) of the Zoning Law citing it's authority under Section XI.(B)(3);
12. The creation of this subdivision as detailed in the application must commence within one calendar year of the issuance of these findings or these variances will become null and void;
Motioned by: Michael West VOTE
Seconded by: Pierce Smith David Baldauf - yes
Scott Bergin - yes
Date Approved: September 16, 2009 Jeff Irish - yes Pierce Smith - yes
Filed with Town Clerk: September 17, 2009 Michael West - yes
Zoning Clerk: Jadeen L. Murray
* * * * *
RESOLUTION GRANTING AREA VARIANCE
HENRY YOUNG
ZBA CASE # 781
Whereas an area variance application for a rear yard setback for a shed, Case # 781, has been filed on August 14, 2009, in compliance with the Town Law by Henry Young.
Whereas a public hearing on this application was held on September 2, 2009, where all interested parties were heard.
Whereas the record of the Hearing has been reviewed and the members of the Board have familiarized themselves with the premises.
Now therefore it is moved by the Board of Appeals to approve a rear yard setback from 20 to 8 feet for the placement of a shed. This is based on the following findings:
FINDINGS
1. The applicant's property is located at 3 Libera Court in the R3A zone and is assigned Tax Map #6168-00-667800-00.
2. At the rear corner of the lot the applicant wishes to install a shed which will be 20 feet from the side property line and 8 feet from the rear line. The location is shielded on both sides by trees and landscaping.
3. The placement of the shed fits in with the character of the neighborhood and no neighbors objected to this request.
4. The Board makes a negative declaration of its Environmental Assessment as part of this motion.
5. On balance this action is deemed acceptable by the ZBA.
6. In this action the ZBA has evaluated the application in conformance with Sec XI.B.3.
7. The granting of this variance in no way obviates the need for the Applicant to obtain additional approvals and permits as required by the Town of Rhinebeck, including but not limited to Planning Board approval.
8. This variance will become null and void if action is not commenced within one year.
Motioned by: David Baldauf VOTE:
Seconded by: Scott Bergin Dave Baldauf - yes
Jeff Irish - yes
Scott Bergin - yes
Dated: September 16, 2009 Pierce Smith - yes
Michael West - yes
Jadeen Murray
Zoning Secretary
VI. ADJOURNMENT
The meeting was adjourned at 9:45 p.m.
Respectfully submitted,
Jadeen Murray,
Zoning Secretary