Zoning Board of Appeals Meeting Minutes 10-07-09

TOWN OF RHINEBECK

ZONING BOARD OF APPEALS

MEETING MINUTES OF OCTOBER 7, 2009

PRESENT: David Baldauf                 Michael West      Scott Bergin             

                     Pierce Smith                    Jeff Irish

I.       CALL TO ORDER

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

II.      APPROVAL OF MINUTES

          Meeting minutes of September 16, 2009, were reviewed and approved. 

          Approval of September 2, 2009, minutes was deferred.   

III.     NEW BUSINESS

          Kaplan, Steve - Case #784 - area variance application requesting front setback reduction from 75' to 65'; rear setback reduction from 20' to 15' and accessory structure increase from 3 to 4, for property located at 55 Delano Drive, Rhinebeck, New York.  Mr. Kaplan was present and reviewed the application with the Board.  Pierce noted there are two garages and a pool on the property and asked Mr. Kaplan where in relation to the property lines he would like to place the shed.  Mr. Kaplan stated he thought the shed would be approximately 20 feet from Reeder Road, and was unsure of the exact dimensions.  Scott asked the dimensions be provided at the next meeting.  Michael asked if the shed could be placed on another part of the property.  Mr. Kapan stated no because of garden sloping and outcrop rock.  Michael noted this is a corner lot and asked the size.  Mr. Kaplan stated his lot is 1.6 acres.  Motioned by Scott and seconded by Pierce, the application was accepted pending Mr. Kaplan provide placement dimensions.  A Public Hearing was set for Wednesday, Ocotober 21, 2009, at 7:35 p.m.  

IV.     PUBLIC HEARINGS

          Rhinebeck Mews, LLC - Continuation (Case #777) - The Public Hearing was reconviened at 7:40 p.m.  Mr. Rodenhausen stated he wished to reiterate to the Board he feels the issue at hand pertains strictly to expiration of the site plan approval.  Mr. Rodenhausen stated that the site plan approval was for the shopping center and the building permit for the Stop & Shop building was submitted within the required 6 month time frame.  Mr. Rodenhausen responded to Mr. Cantor's letters dated September 2^nd and 16^th, 2009, and noted this is a matter of record.   He stated the stop and shop tax parcel identification number was on the building permit issued adding the site plan approval issued in 2002 covered the entire shopping center, complying with the Town Code.  Mr. Cantor stated the scope of jurisdiction of the site plan was limited, questioning if the issue before the Zoning Board of Appeals is limited to the issues raised by the appellant or the entire decision appealed from.  Mr. Cantor stated the building permit issued said Stop & Shop Supermarket, not a shopping center, citing NYS Building Code and Zoning law, Sections #49 and 136, respectively.  Mr. Cantor stated there was no approval for sidewalks, lighting, drainage, and supporting features.  Mr. Cantor asked the Board if they have received all of the files regarding this case.  David assured Mr. Cantor the Board has all the required documentation.  Ed Russell was present and

commented to the Board he would like to see this matter concluded.  David advised Mr. Russell the ZBA will make a determination within the 60 day time frame as required.  The Public Hearing was closed t 7:55 p.m.

V.     OLD BUSINESS

          Discussion:  Sie, Susan - Case # 768 - Pierce stated he felt Ms. Sie provided a nice presentation for her proposal and the plan is consistent to what is going on regarding Grinnell Street.  He stated the shed and gazebo are consistent with the untamed architectural culture in the area and not much different from the rest of the hamlet.  Pierce also stated he feels the additions would not diminish the economic value of the Sokaris property considering they have no river view.   He was pleased by Ms. Sie's offer, at her expense, to build a barrier with vegetation to separate their properties.  Scott stated there is a nice sky view from the Sokaris property and their yard has a nice country feel.  He feels the addition of the proposed structures would affect their yard area.  David stated he would like the garage and shed to be moved downhill to preserve land and open visibility for the neighbors.  Jeff stated he appreciates the degree of effort by Ms. Sie and willingness to vegetate and lower the impact for he neighbors.  Jeff noted there is a very large, tall house to the North.  He also felt landscaping and input from the CAC should be a condition of resolution.  Mike stated he agreed with the need to improve this property and feels it would enhance the hamlet.  He stated having the cars in the garage and the front of the garage be designed low with vertical siding and greenery should be a condition of resolution.  David thanked the Board for their efforts adding this matter would be on for further discussion at the next scheduled meeting. 

          Discussion:  Sammut, John - Case #782 - the Board visited the property and discussed that the outbuildings that are currently on the property are high quality, attractive and barely visible from the road.  Jeff stated the two sheds that were not properly permitted should be brought to compliance as a condition of resolution.

VI.     ADJOURNMENT

          The meeting was adjourned at 8:30 p.m.

Respectfully submitted,

Jadeen Murray

Zoning Secretary