Zoning Board of Appeals Meeting Minutes 12-17-08
Posted on: 1/09/2009
Date of Minutes:
12/17/2008
TOWN OF RHINEBECK
ZONING BOARD OF APPEALS
MEETING MINUTES OF DECEMBER 17, 2008
PRESENT: David Baldauf, Chairman
Jeff Irish
Pierce Smith
Michael West
ABSENT: Scott Bergin
I. CALL TO ORDER
The meeting was called to order at 7:30 p.m.
II. APPROVAL OF MINUTES
Meeting minutes of December 3, 2008, were reviewed and approved.
III. NEW BUSINESS
Ilani, Peter - Case #761 - Area variance application for lot area reduction from 5.0 acres to 2.84 acres for property located at 48 River Road, Rhinebeck, New York. Marie Welch, applicant's representative was present and reviewed the application with the Board. Ms. Welch stated the parent parcel for the proposed subdivision is 7.866 acres and reduction is needed to create two 5 acre parcels. Ms. Welch also stated the parent parcel has an existing residence with utilities. Motioned by Michael and seconded by Pierce, the application was accepted. A Public Hearing was set for Wednesday, January 7, 2009, at 7:35 p.m.
Clark, William - Case #762 - Area variance application for lot area reduction from 3.00 acres to 1.55 acres for property located at 290 Salisbury Turnpike, Rhinebeck, New York. Marie Welch, applicant's representative was present and reviewed the application with the Board. Ms. Welch stated Dewkette Engeneering represented the applicant for a prior variance granted by the Board. Ms. Welch stated the building area is too small and the property now meets the building requirements for lot width. David noted that lot 2 is 4.368 acres, not 3 acres. Motioned by Michael and seconded by Pierce, the application was accepted. A Public Hearing was set for Wednesday, January 7, 2009, at 7:40 p.m.
Kinlan, Vincent - Case #763 - Application for Interpretation of Zoning Officer's Notice of Violation/Order To Remedy for property located at 234-286 White Schoolhouse Road, Rhinebeck, New York. Paul Griggs, applicant's representative was present and reviewed the Interpretation Application with the Board. Mr. Griggs stated the mine needs to be in operation due to hard economic times. David asked the date of the permit they are currently operating under. Mr. Griggs stated he does not have an actual printed permit but thinks it was issued in 2005. Mr. Griggs advised the Board that Mr. Decker leases the property from Mr. Kinlan. David asked the property size. Mr. Griggs stated it is 241 acres all together. Pierce asked how long the mine has been there. Mr. Griggs stated the early 1980's. Michael asked if there is an attorney involved. Mr. Griggs stated Rosemarie Stack, Esq., is the attorney but he has checked with her and she has no permit in her files. Mr. Griggs stated he thought permits were usually issued allowing use for 5 years and he is currently working with the Planning Board and D.E.C. David asked that the Use Permit and submitted paperwork be provided to the Board. The Board was in agreement that further information is necessary in order to proceed. The application was not accepted.
Doves Nest II, LLC - Case #764 - Area variance application for use increase from one residence to two residences within a residential district for property located at 100 Fox Hollow Road, Rhinebeck, New York. Jeremy Joyce, applicant's representative and current property caretaker was present and reviewed the application with the Board. David asked if the applicants would be subdividing. Mr. Joyce stated they would not be. Pierce asked what size the additional structure would be. Mr. Joyce stated the house they wish to build would be 2,280 square feet and added the existing structure is 3,000 square feet. The Board members discussed the matter of considering this an independent dwelling or a detached accessory dwelling. David asked if the existing dwelling is owner occupied. Mr. Joyce stated the owners have several homes and do not occupy the existing dwelling full time and added that he would occupy the proposed new dwelling. Michael asked if the house is used for rental income. Mr. Joyce stated it is not. Michel stated it is necessary to clarify which home would be considered the primary residence and noted any variances issued run with the land. Jeff asked if any one else occupies the current home. Mr. Joyce stated that he does. Jeff asked if Mr. Joyce was a full time occupant. Mr. Joyce stated that he is. David asked the owners submit a written statement verifying the primary residence. Motioned by Michael and seconded by Pierce, the application was accepted. A Public Hearing was set for Wednesday, January 7, 2009, at 7:45 p.m.
IV. PUBLIC HEARINGS
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. The Public Hearing opened at 8:10 p.m. Mr. McMichael and his builder, Mike Micucci were present and reviewed the application with the Board. Neighboring property owner, John McGuire of 42 Ackert Hook Road was present and reviewed the map and plans for the new deck. Mr. McGuire stated no objection. The Public Hearing was closed t 8:15 p.m.
V. OLD BUSINESS
RESOLUTION GRANTING AN AREA VARIANCE
Stone Chapel Holdings- Case #759
WHEREAS, an application for an area variance, Case #759, was filed on November 11, 2008 by Stone Chapel Holdings 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 December 3, 2008 at the Town Hall;
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 an area variance, to allow a reduction in the number of required parking spaces from17 to12, subject to the condition that there will no more than 9 staff on site;
1. The applicants' property is in the R3A zone, located at 5768-5774 Route 9 and known as tax parcel # 135089-6168-00-488707;
2. The parcel contains the former United Methodist Church and meeting hall and benefits from a Use Variance granted by the ZBA in 1996 that allows "professional office use";
3. The applicants' business consists of Attorney and CPA services and they would like to operate their business in offices created in the former church and meeting hall;
4. Section V (B)(1)(c) of the Zoning Law requires the creation of 16 parking spaces plus 1 handicap space for a total of 17 for the planned office occupancy;
5. Due to the topography of the site, there is limited space with which to create a parking lot;
6. The applicants feel that their facility would be better served with just 12 parking spaces because of the low-intensity traffic of their business and their stated desire to not blast rock near the historic structure to create more level ground;
7. The applicants intend to reconfigure the driveway to access the site through a shared driveway with a neighbor to the south of the parcel thereby eliminating a curb cut and making the site more safely accessible;
8. The ZBA has determined that the decrease in the number of parking spaces will have no negative impact on the neighborhood and there were no objections voiced at the public hearing;
9. The ZBA, after due deliberation GRANTS the variance from Section V (B) (1)(c) of the Zoning Law citing it's authority under Section XI.(B)(3);
10. This variance will become null and void if building has not commenced within one year.
11. The granting of this variance in no way obviates the need for the Applicant to obtain additional approvals and permits, including but not limited to building permits and Planning Board approval.
Motioned by: Michael West VOTE
Seconded by: Pierce Smith David Baldauf - yes
Scott Bergin - absent
Date Approved: December 17, 2008 Jeff Irish - yes Pierce Smith - yes
Zoning Clerk: Jadeen Murray Michael West - yes
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RESOLUTION GRANTING AREA VARIANCES - Walter Heenan - CASE 755
WHEREAS, an application for variances on two properties, Case # 755, was filed on October 16, 2008 by Walter Heenan in compliance with the Town Law;
WHEREAS, a public hearing on this application was advertised and held by the Town of Rhinebeck Zoning Board of Appeals on December 3, 2008.
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, subject to the condition that the two parcels are merged into one pursuant to paragraph 6 below, for area variances permitting: 1. A front setback reduction from 100 feet to 23.5 feet, and: 2. A rear setback reduction from 50 feet to 24 feet, and: 3. A flag lot frontage reduction from 40 feet to 20 feet. The ZBA finds that:
1. The two properties are located in the R5A district in the Town of Rhinebeck and are known as tax parcels # 6168-00-492939 and # 6168-00-485953.
2. Heenan wishes to purchase the two parcels and build a home as shown in the documents submitted to the ZBA.
3. There were no objections at the public hearing.
4. The requested variances will permit a use compatible to the neighborhood. The ZBA believes that this project will not produce any detrimental change in the neighborhood's character, nor will there be a negative impact on the physical or environmental conditions in the neighborhood.
5. Dutchess County Planning states "it is a matter of local concern".
6. The ZBA, after due deliberation, approves the above request for variances from Section IV of the Zoning Law subject to its authority under Section XI of the law. The variances granted hereby are subject to the condition that the aforementioned parcels are merged into one prior to the commencement of any construction, excavation, or other building activity on either site.
7. The merger of the parcels and construction on the site will begin within one year of the date of this approval or the variances will become null and void.
8. The granting of this variance in no way obviates the need for the applicant to obtain additional approvals and building permits, including but not limited to Planning Board
approval.
Motioned by: Pierce Smith
Seconded by: Michael West
VOTE:
Jeff Irish - yes
Scott Bergin - absent
Pierce Smith - yes
David Baldauf - yes
Dated: December 17, 2008 Michael West - yes
Jadeen Murray
Zoning Clerk
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RESOLUTION GRANTING AREA VARIANCES - Tom & Donna Ross Daniels - Case # 758
WHEREAS, an application for three area variances, Case #758, was filed on 7 November 2008 in compliance with Town Law by Tom and Donna Ross Daniels (applicants), who reside at 22 Corning Street, Rhinecliff, NY;
WHEREAS, a public hearing on this application was held on 3 December 2008 at the Town Hall;
WHEREAS, the record of the public hearing has been reviewed by the members of the Zoning Board of Appeals and the members of the Board have familiarized themselves with the property;
NOW, THEREFORE BE IT RESOLVED by the Board, that the Board grants approval for area variances to reduce the east side setback from 20 feet to 5 feet for construction of a porch, reduce the west side setback from 20 feet to 10.5 feet for construction of a carport, and increase the lot coverage from 10% to 30%. The Board finds that:
1. The property is located in the R1A zone in the Town of Rhinebeck and is known as tax parcel # 16-6069-06-424967, and is a non-conforming lot of 0.075 acre in size.
2. The applicants wish to replace a porch on the east side with a new one 5 feet from the east side lot line, to construct a carport over a new driveway on the west side lot line, and increase the building coverage to 30% of the lot size.
3. The Town of Rhinebeck Zoning Law, Section IV Area and Bulk Regulations, requires a minimum setback of 20 feet at this time.
4. The Board notes that the proposed renovations would be in character with the house on the property and the neighborhood, and would not be a detriment to the neighborhood or nearby properties.
5. There was no opposition to the application at the public hearing.
6. Dutchess County Planning has stated that this is a matter of local concern.
7. The Zoning Board of Appeals, after due deliberation, grants approval for area variances to reduce the east side setback from 20 feet to 5 feet for construction of a porch, reduce the west side setback from 20 feet to 10.5 feet for construction of a carport, and increase the lot coverage from 10% to 30%, pursuant to its authority under Section XI (B)(3).
8. Construction of the porch and carport must begin within 1 year from this date or these variances become null and void.
9. The granting of this variance in no way obviates the need for the Applicants to obtain additional approvals and building permits, including but not limited to Planning Board approval.
Motioned by: Jeff Irish VOTE:
Seconded by: Pierce Smith David Baldauf - yes
Scott Bergin - absent
Date Approved: 17 December 2008 Jeff Irish - yes
Pierce Smith - yes
Michael West - yes
Jadeen Murray
Zoning Secretary
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RESOLUTION GRANTING AREA VARIANCES -
JEFFREY L. ESPIE
CASE #757
WHEREAS, an application for area variances, Case #757, was filed on October 8, 2008, in compliance with Town Law by Marie T. Welch, Mr. Espie's agent;
WHEREAS, a public hearing on this application was held on December 3, 2008, at the Town Hall;
WHEREAS, the record of the hearing has been reviewed and the members of the Zoning Board of Appeals have familiarized themselves with the properties;
NOW, THEREFORE BE IT RESOLVED, that for the following reasons the Board GRANTS approval of area variances allowing for a lot area reduction from 1.495 acres to 1.485 acres and an accessory structure setback reduction from 20 feet to 10 feet as requested in the application:
1. The properties are located in an R5A Zone in the Town of Rhinebeck, New York, and are known as tax parcels #6170-01-289865-00 and #6170-01-318866-00.
2. The applicant wishes to adjust a property line between the two subject parcels. The proposal would decrease one parcel from 1.495 acres to 1.485 acres and increase the other parcel from 1.71 acres to 1.72 acres.
The applicant requests the variance because an existing pool and well belonging to the 1.71 acre lot encroach upon the 1.495 acre lot. The lot line adjustment would solve the encroachment issue. However, as the pool would be 10 feet from the proposed lot line, the second variance is requested.
3. Section IV(L) of the Zoning Law requires a minimum lot area of 5 acres in the R5A Zone.
4. Section IV(G)(1)b of the Zoning Law requires that no accessory structure should be setback less than twenty (20) feet from any lot line.
5. There was no opposition to the application at the public hearing from any neighbors or public.
6. The Board notes that the reduction in lot size is negligible as the request seeks a reduction of only .010 acres. It should be noted that the other property involved will actually increase in size by that amount.
7. On balance, the Board finds that the request will not adversely impact the character of the neighborhood. There will be no visible change.
8. The Dutchess County Planning Board has stated that this is a matter of local concern.
9. Accordingly, the Zoning Board of Appeals, after due deliberation, grants the requested area variances from Section IV(L) of the Town of Rhinebeck Zoning Code allowing for the reduction in lot size from 1.495 acres to 1.485 acres and reducing the required accessory structure setback of 20 feet pursuant to Section IV(G)(1)b to 10 feet from the new proposed property line relative to the existing in-ground swimming pool. The Board does so pursuant to its authority under Section XI of the law.
10. The variance will be null and void if not acted upon within one year of the granting of the variance.
11. The granting of the variance does not relieve applicant from obtaining whatever additional approvals and/or permits are required.
Motioned by: Pierce Smith VOTE:
Seconded by: Jeff Irish David Baldauf - yes
Scott Bergin - absent
Pierce Smith - yes
Michael West - yes
Jeffrey Irish - yes
Date approved: December 17, 2008
Jadeen Murray, Zoning Clerk
VI. The meeting was adjourned at 8:40 p.m.
Respectfully submitted,
Jadeen Murray
ZBA Secretary