Zoning Board of Appeals Meeting Minutes 12-03-08

TOWN OF RHINEBECK

ZONING BOARD OF APPEALS

MEETING MINUTES OF DECEMBER 3, 20008

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 November 19, 2008, were reviewed and approved.

III        NEW BUSINESS

            McMichael, Shawn - Case #756 - Area variance application for front setback reduction     from 75 feet to 35 feet for property located at 59 Ackert Hook Road, Rhinebeck, New           York.  Mr. McMichael and his builder, Mike Micucci, were present and reviewed the           application with the Board.  Mr. McMichael stated he would like to build a porch on the     front of the home.  Pierce asked what size and material the porch would be made of.  Mr.      Miucci stated it would be wood, approximately 8 x 30 feet.  Mr. Miucci stated there are    doors in place now which would lead onto the porch they want to build.  Mr.    McMichael stated there was a fire at one time and he would like to finish the porch             project, as the doors are unappealing and seem to lead to nowhere.  Motioned by Pierce         and seconded by Scott, the application was accepted.  A Public Hearing was scheduled    for December 17, 2008, at 7:35 p.m.

IV.       PUBLIC HEARINGS

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.  The Public Hearing opened at 7:40 p.m.  Mr. Heenan was present and reviewed the application with the Board.  Upon review, it was determined another variance should be added to the application regarding the narrow access to the driveway.  Pierce mentioned, and Mr. Heenan is aware, that this property is in close distance to the Hillside Firehouse.  Mr. Heenan stated the footprint would be 40 x 40 and the square footage would be approximately 1,800 square feet.  There were no neighboring property owners present.  The Public Hearing was closed at 7:45 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.  The Public Hearing opened at 7:45 p.m.  Mr. Espie and Marie Welch were present and reviewed the application with the Board.  Ms. Welch stated there is a sanitary water supply and appropriate sewage disposal system.  David asked if Tater Hill Road was a dead end.  Ms. Welch stated it is a dead end road.  David asked if Tater Hill Road could still be used as a thoroughfare.  Ms. Welch stated it could be and a Town road could be put in.  Mr. Espie stated that Astor Drive could also be used as a thoroughfare, there is not much traffic and Time Warner Cable uses Astor Drive the most.  Jeff noted a variance could be required for another lot.  Ms. Welch stated they could request 1.710 acres to 1.720 acres, increasing it by 100^th  of an acre.  Ms. Welch added that New York State said the variance could be reduced to what the Town of Rhinebeck laws and zoning would be.  It was confirmed that the Public Hearing notice was sent to Astor Rhinebeck Associates, LLC., 450 Park Avenue, New York, New York.  There were no neighboring property owners present.  The Public Hearing was closed at 7:50 p.m.

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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.  The Public Hearing opened at 7:50 p.m.  Warren Smith was present, on behalf of the applicants, and reviewed the application with the Board.  Mr. Smith provided a letter the Board requested from the Rhinebeck Highway Department showing approval for construction of the driveway.  Neighboring property owner, Cybil Baldwin, of 50 Orchard Drive was present.  Ms. Baldwin reviewed the plans with the Board and stated no objection.  The Public Hearing was closed at 7:55 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.  The Public Hearing opened at 7:55 p.m.  The        applicant, Jeff Martin, and Rodney Morrison of LRC Group, were present and reviewed the application with the Board.  David asked how many offices would be used if the             building was at its maximum.  Mr. Morrison stated the total would be 8 offices plus          visitors, totaling 11.  David asked the number of staff and Mr. Morrison stated 9 staff         members, with 2 visitors, totaling 11.  Mr. Martin displayed and reviewed plans with the           Board.  Mr. Martin stated he wishes to preserve the historical character of the building         and will be building a loft over the existing chapel for an office.  David asked how many   offices, including the loft office, there would be.  Mr. Martin stated there would be 6        offices all together, plus one conference room.  Pierce asked if there would be 6 staff    members.  Mr. Martin state there would actually be 6 people total at any one time, with           the exception of any real estate closings, when there would be approximately 3 or 4   people in attendance.  Mr. Martin added a portion of the driveway would be shared with the neighbors and the matter has been worked out with them.  Mr. Martin added any buffering and landscaping would be beneficial to the neighbors.  David asked if the    building would be occupied only by law offices.  Mr. Martin stated there would be a total of three attorneys and one certified public accountant.  David noted when renovating the       building it should be kept in mind possible sale of the property at a             later date.  Pierce        asked when the building was built.  Mr. Martin stated it was built in 1860.  David         asked   if the septic system problems have been resolved.  Mr. Martin stated the building is       approved for 150 gallons per day and his use would be considerably less.  Mr. Martin             stated this matter is currently before the Planning Board for site plan approval.  There   were no neighboring property owners present.  The Public Hearing was closed at 8:20        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.  The Public Hearing opened at 8:20     p.m.  Mr. Vaccarino was present and reviewed the application with the Board.  Michael          asked if there would be plumbing or electric in the garage.  Mr. Vaccarino stated he             would be putting in electric only with a radiant heat slab.  Michael asked if there was 220             service in the house to run a sub-panel.  Mr. Vaccarino stated there is 220 service in the         house since the house has been fully restored.  Mr. Vaccarino stated if any paper roads        were put in, neighbor Richard Kopyscianski would be affected and added he has spoken     to Mr. Kopyscianski and he has no objection to the garage being built.  There were no           neighboring property owners present.  The Public Hearing was closed at 8:25 pm.

V.        OLD BUSINESS

            There was no old business scheduled.

VI.     ADJOURNMENT

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

Respectfully submitted,

Jadeen Murray

ZBA Secretary