Zoning Board of Appeals Meeting Minutes 11-19-08

TOWN OF RHINEBECK

ZONING BOARD OF APPEALS

MEETING MINUTES OF NOVEMBER 19, 2008

PRESENT:   David Baldauf, Chairman

                     Jeff Irish

                     Pierce Smith

                     Michael West

                     Scott Bergin

I.          CALL TO ORDER

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

II.        APPROVAL OF MINUTES

            Meeting minutes of October 15, 2008, were reviewed and approved.

III.       NEW BUSINESS

Heenan, Walter (proposed purchaser) - Case #755 - Area variance application for front setback reduction from 100 feet to 23.5 feet and rear setback reduction from 50 feet to 24 feet for vacant land located on Fox Hollow Road, Rhinebeck, New York.  Consent from the property owner, Richard Smith is on file.  Mr. Heenan was present and reviewed the application with the Board.  David asked if the driveway was part of an easement.  Mr. Heenan stated it was not.  David asked what size the single family home he wishes to build would be.  Mr. Heenan stated approximately 1,800 square feet.  Scott stated the short E&A form Mr. Heenan completed noted the square footage would be 1,600 square feet.  Pierce asked what size the footprint would be.  Mr. Heenan stated 40 x 40.  Pierce asked if Mr. Heenan was now in contract for purchase.  Mr. Heenan stated he is in contract at this time.  Pierce asked if it would be possible to merge the two lots.  Mr. Heenan stated he would if needed.  Pierce asked if the

home would be one or two levels.  Mr. Heenan stated it would be one level.  Motioned by Pierce and seconded by Scott, the application was accepted.  A Public Hearing was scheduled for December 3, 2008, at 7:35 p.m.

          Espie, Jeff - Case #757 - Area variance application for lot area reduction                      from 1.495 acre to 1.48 acre, and accessory structure setback reduction from    20' to 10', for property located at 12 Mt. Rutsen Road, Rhinebeck, New York. Everett White of Welch Surveying was present, on behalf of the    applicant, and reviewed the application with the Board.  David asked if there       were two separate parcels with one owner.  Mr. White stated there are     two    separate lots, both owned by Mr. Espie.  David stated the pool would be      ten feet from the property line and Rhinebeck Town law requires 20 feet.          Motioned by Pierce and seconded by Scott, the application was accepted.  A Public Hearing was scheduled for December 3, 2008, at 7:40 p.m.

Daniels/Ross, Tom & Donna - Case #758 - Area variance application for east side lot line setback reduction from 20 feet to 5 feet; west side lot line setback reduction from 20 feet to 10 feet and building coverage increase to 29.5% from 10%, for premises located at 22 Corning Street, Rhinecliff, New York.  Warren Smith was present, on behalf of the applicants, and reviewed the application with the Board.  Warren stated there is a gravel paper driveway situated on a very steep hill which the applicants feel is dangerous for traffic, and the approval of this variance would improve the sight distance and safety issue.  Mr. Smith added that the Town of Rhinebeck Highway Department is in agreement.  Pierce asked a copy of the Highway Department's approval letter be provided.  Mr. Smith stated the proposed front porch and carport would be further away from the property line, the existing porch is now 4.5 back.  Mr. Smith stated the house has a stone foundation, with the closest point to the property line being 7.5 feet.  David asked if this is a restoration of the existing home.  Mr. Smith stated they will be doing some renovations and replacing the roof.   Pierce asked if the renovations would change the footprint of the home.  Mr. Smith stated there will be no change to the footprint but the coverage area would change to approximately 29.5%, including the new porch.  Motioned by Michael and seconded by David, the application was accepted.  A Public Hearing was set for December 3, 2008, at 7:45 p.m. 

          Stone Chapel Holdings, LLC - Case #759 - Area variance application to reduce the number of parking spaces to 12 from required 16 spaces for premises located at 5768-5774 Route 9, Rhinebeck, New York.  Rodney   Morrison of LRC Group was present, on behalf of the applicant, and          reviewed the application with the Board.  Mr. Morrison stated this property     is listed on the National Historic Register and there would be very little   change to the existing chapel, and a use variance was granted in 1996.           David stated the old variance was never implemented.  Pierce asked the prior        variance be provided and asked how many parking spaces there were now.          Mr. Morrison stated he did not know how many spaces were being used at       this time.  David asked how many cars per hour parking would be needed   for.  Mr. Morrison stated he was not sure.  David asked what type of           businesses would occupy the new office space.  Mr. Morrison stated there         would be a CPA, Mr. Martin's law practice, a secretary and another part-     time lawyer.  Pierce stated to keep in mind the number of customers   expected that would need parking for each tenant.  David asked how many           employees were anticipated.  Mr. Morrison stated approximately 10.  David       asked more data on traffic use be provided.  Scott stated daily business being      conducted would require more parking spaces.  Mr. Morrison stated there is           a rock ledge which could be excavated to provide more spaces.  Pierce stated    this is not a heavily populated area and asked for the number of neighbors.       Mr. Morrison stated this project is currently before the Planning Board and          is awaiting a common driveway agreement.  Motioned by Pierce and           seconded by Scott, the application was accepted.  A Public Hearing was set   for December 3, 2008, at 7:50 p.m.

          Vaccarino, Joseph - Case #760 - Area variance application for front setback   reduction from 50 feet to 14 feet and side setback reduction from 35 feet to 8          feet for property located at 11 Jones Street, Rhinecliff, New York.  Mr. Vaccarino was present and reviewed the application with the Board.  Mr.          Vaccarino sated this is a pre-existing non conforming lot and would like to      build a two-car garage.  Mr. Vaccarino stated the house is on the back of the          lot and feels there is room for the garage.  David asked the size of the           garage.  Mr. Vaccarino stated it would be 14 feet at the peak and 26 feet across.  Jeff asked if this was a dead-end street.  Mr. Vaccarino stated it was     not.  David asked what the garage would be made of.  Mr. Vaccarino stated it would be two-door, wooden with a gabled roof.  Pierce asked if the trees would be removed.  Mr. Vaccarino stated he would leave them as they are now.  A Public Hearing was set for December 3, 2008, at 8:00 p.m.

IV.       PUBLIC HEARINGS

            There were no Public Hearings scheduled.

V.        OLD BUSINESS

AREA VARIANCE RESOLUTION

CASE # 754

MIRONES, TONY

Whereas an area variance application for a six foot high front yard fence, Case # 754  has been filed on September 17, 2008, in compliance with the Town Law by Tony Mirones., who resides at 262 Route 308.

Whereas a public hearing on this application was held on October 15, 2008, where all interested parties were heard.

Whereas the record of the Hearings have 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 deny the six foot high fence based on the following findings:

FINDINGS

1. The applicant's property is located at  262 Route 308 in the R3A zone and is assigned Tax Map #6270-00-023325. 

2. The applicant  wishes to install a six foot high fence in his front yard and a portion of the side yard that is less than 50 feet from the front property line.  The law only allows a four foot fence in this region.

3. The applicant hopes that the fence will reduce the road noise and improve his chances of selling the house.

4. There presently is a low stone wall along a portion of the front of the property.  The house is approximately 120 feet back from the road and sits higher than the road elevation.  The attractive older architecture of the house and site would be shielded from the community by this solid fence.  Furthermore the design and material of the fence is not compatible with the historic nature of the site.

5.  A nearby lot to the west does have a high fence but is in the Village of Rhinebeck and is not pertinent to the Town of Rhinebeck.

6. On balance this action is deemed to have an undesirable effect on the community even though several neighbors signed a note in favor of the fence.

7. In this action the ZBA has evaluated the application in conformance with Sec XI.B.3.

Dated:  November 19, 2008                                  

                                                                                    VOTE:

                                                                                    Jeff Irish - yes

                                                                                    Scott Bergin - yes

                                                                                    Pierce Smith - yes

                                                                                    David Baldauf - yes

                                                                                    Michael West - yes

VI.     The meeting was adjourned at 8:35 p.m.

Respectfully submitted,

Jadeen Murray, ZBA Secretary