Zoning Board of Appeals Meeting Minutes 11-04-09

TOWN OF RHINEBECK

ZONING BOARD OF APPEALS

MEETING MINUTES OF NOVEMBER 4, 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 October 21, 2009, were reviewed and approved. 

 

III.       NEW BUSINESS

            Mautner Holding, Ltd. - Case #785 - Applicants, Jack and Cindy Mautner and their          representative, Mark Graminski were present and reviewed the Application with the          Board.  Mr. Graminski stated Mr. & Mrs. Mautner wish to build a residence and           subdivide the property.  Mr. Graminski stated there is currently a dry cleaning business         but no utilization for the balance of the property.  David asked if the property is on             wetlands.  Mr. Graminski stated there would have to be delineation of core wetlands,       requiring approval of the Health Department, adding there is a drainage easement set up         by the State and there are dry sections which would allow lot development.  Pierce noted   there are houses in the Forrest Park Development to the East.  Mr. Graminski stated the        property is on 5.67 acres with existing water supply and new sewage disposal system.              Motioned by Scott and seconded by Pierce, the Application was accepted.  A Public         Hearing was set for December 2, 2009, at 7:35 p.m.

 

IV.       PUBLIC HEARINGS

            There were no Public Hearings scheduled.

 

V.        OLD BUSINESS

 

RESOLUTION GRANTING AN AREA VARIANCE

STEVEN KAPLAN

CASE #784

 

 

WHEREAS, an application for an area variance, Case #784 was filed on September 19, 2009 by Steven Kaplan 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 October 21, 2009;

 

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 the five (5) requested area variances from §IV(A) and §IV(G) of the Town Law as follows:

 

1.          A front setback reduction from 75 feet to 65 feet for the proposed in-ground pool.

 

2.         A rear setback reduction from 20 feet to 15 feet for the proposed in-ground pool.

 

3.         A front setback reduction from 75 feet to 20 feet for the proposed shed.

 

4.         A rear setback reduction from 20 feet to 5 feet for the proposed shed.

 

5.         An accessory structure increase from 3 to 4.

 

These variances are based upon the following findings:

 

FINDINGS:

 

1.          The property is located in the R3A district in the Town of Rhinebeck at 55 Delano Drive and is known as tax parcel #135089-6168-00-601757-0000;

 

2.         The subject parcel consists of approximately 1.6 acres.  The applicant wishes to construct an in-ground pool and erect a shed for pool equipment.  The above variances are required in order for the construction to occur.

 

3.         It should be noted that the applicant initially requested three (3) variances relative to the pool and then by letter to the Board dated October 8, 2009 requested an additional two (2) variances for the shed.

 

4.         The property is located in a residential area.  Based upon inspection of the property, it is apparent that alternate placement of the pool and/or shed are either not feasible or undesirable.   Due to the topography.

 

5.         None of the neighboring property owners expressed any objection to the application.

 

6.         The ZBA has determined that the proposed in-ground pool and shed will have no negative impact on the neighborhood.

 

7.         Dutchess County states this is a matter of local concern.

 

8.         Accordingly, the ZBA after due deliberation approves the above variances from §IV(A) and §IV(G) of the Town Law pursuant to its authority citing §XI of the law.

 

9.         The granting of the variances is subject to the construction of the pool and shed in conformity with the application submitted to the Board.

 

10.       Unless implementation is commenced within one (1) year from the date of issuance of these variances, the variances shall become null and void without further action of the ZBA.

 

11.        The granting of these variances in no way obviates the requirement, if any, of the applicant to obtain any additional approvals and/or permits required under the law including, but not limited to, those of the Planning Board and other involved agencies.

 

 

 

Motioned by:  Scott Bergin                                                               VOTE:

 

Seconded by:  Pierce Smith                                                              David Baldauf - yes

                                                                                                            Scott Bergin - yes

                                                                                                            Pierce Smith - yes

Date Approved:  November 4, 2009                                                Michael West - yes

Filed with Town Clerk:  11-5-09                                                       Jeff Irish - yes

Zoning Secretary:  Jadeen Murray

 

 

VI.       ADJOURNMENT

            The meeting was adjourned to Executive Session at 7:50 p.m.

 

Respectfully submitted,

 

 

Jadeen Murray, Zoning Secretary