Zoning Board of Appeals Meeting Minutes 12-16-09

TOWN OF RHINEBECK

ZONING BOARD OF APPEALS MEETING MINUTES

DECEMBER 16, 2009

PRESENT:  Jeff Irish                          ABSENT:  Dave Baldauf

                     Scott Bergin

                     Pierce Smith

                     Michael West

I.          CALL TO ORDER

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

II.        APPROVAL OF MINUTES

            Minutes of December 2, 2009 were reviewed and approved. 

            Meeting of January 6, 2010 was cancelled.   

III.       NEW BUSINESS

            There was no new business scheduled.

IV.       PUBLIC HEARINGS

                        Mautner Holding, Ltd., - Case #785 - Variance application for reductions of minimum lot size for proposed lot 1 & 2, minimum open space for lot 1, and minimum lot width for lot 1.  The Public Hearing was opened at 7:35 p.m.  There were no neighboring property owners present.  The Board reviewed the amended application with Mr. & Mrs. Mautner and Mr. Graminski.  The Public Hearing was closed t 7:40 p.m.

 RESOLUTION GRANTING AREA VARIANCES

MAUTNER HOLDING LTD

CASE # 785(A)

WHEREAS, an application for two area variances, Case # 785, was filed on 29 October 2009, and on 2 December modified to four requested area variances as Case # 785(A), in compliance with Town Law, by Mautner Holding Ltd (applicant), owner of 3903 Route 9G in the Town of Rhinebeck;

WHEREAS, a public hearing on this application was held on 2 and 16 December 2009 at the Town Hall;

WHEREAS, the members of the Zoning Board of Appeals witnessed the public hearing and have familiarized themselves with the property;

NOW, THEREFORE BE IT RESOLVED by the Board that for the following reasons the Board GRANTS approval for four area variances for (1) a minimum lot size for proposed Lot 1 of 1.07 acres, (2) a minimum lot size for proposed Lot 2 of 4.60 acres, (3) a minimum open space for proposed Lot 1 of 72%, and (4) a minimum lot width for proposed Lot 1 of 247 feet.

1.            The property is located in the R5A zone in the Town of Rhinebeck and is known as tax parcel # 6171-00-504948.  On 5 July 2006 a use variance was issued by this Board to the applicant to permit a dry cleaning business to be operated on the property (Case # 695).

2.            The applicant wishes to subdivide the property into two lots, Lot 1 of 1.07 acres and Lot 2 of 4.60 acres.  The existing dry cleaning business would be located on Lot 1, and Lot 2 would revert to single family residential.  The Mautners intend to then construct a home for themselves on Lot 2. 

3.            The Town of Rhinebeck Zoning Law Section IV (A) requires in the R5A zone a minimum lot area of 5 acres, minimum open space of 75%, and a minimum lot width of 400 feet.

4.            The Board notes that the applicant followed through with the plans they presented in 2006 under Case # 695, greatly cleaning up and improving the property in its conversion to a dry cleaning business, to the benefit of the community.  Furthermore, the proposed residential Lot 2 would be in character with the Lemon Lane Extension neighborhood of which it would then become a part.

5.            There was no opposition to the application at the public hearing, and one neighbor spoke in support of the applicant's proposal.

6.            The application is acceptable to the Zoning Board of Appeals, and Dutchess County Planning has stated that this is a matter of local concern.

7.            The Zoning Board of Appeals, after due deliberation, grants four area variances from Section IV (A) pursuant to its authority under Section XI (B)(3) as follows:  (1) reduce the required lot size for proposed Lot 1 from 5.0 to 1.07 acres, (2) reduce the required lot size for proposed Lot 2 from 5.0 to 4.60 acres, (3) reduce the required open space for proposed Lot 1 from 75% to 72%, and (4) reduce the minimum lot width for proposed Lot 1 from 400 to 247 feet.

8.            The Board also stipulates that should the applicant proceed with the proposed subdivision, the use variance permitting a dry cleaning business on the property will apply to Lot 1 and not Lot 2.

9.            The granting of these variances does not absolve the applicant from obtaining any other required permits or approvals.

10.        Subdivision of the property as presented in this Case must commence within one year of today's date or these variances will become null and void.

Motioned by:  Jeff Irish                                                                 VOTE:

Seconded by:  Pierce Smith                                                                       David Baldauf - absent

                                                                                                      Scott Bergin - yes

Date Approved: 16 December 2009                                                          Jeff Irish - yes

Filed with Town Clerk:  12-17-09                                                  Pierce Smith - yes

Zoning Secretary:  Jadeen Murray                                                 Michael West - yes

V.        OLD BUSINESS

                        There was no old business scheduled.

VI.       ADJORNMENT

            The meeting was adjourned at 8:05 p.m.

Respectfully submitted,

Jadeen Murray, Zoning Secretary