Zoning Board of Appeals Meeting Minutes 2-4-09

TOWN OF RHINEBECK

ZONING BOARD OF APPEALS

MEETING MINUTES OF FEBRUARY 4, 2009

PRESENT:   David Baldauf          

                      Jeff Irish

                    Scott Bergin

                     Michael West

ABSENT:    Pierce Smith

I.       CALL TO ORDER

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

II.      APPROVAL OF MINUTES

          Meeting minutes of January 21, 2009, were reviewed and approved.

III.     NEW BUSINESS

            Rosenthal, Lisa & Gautier, Jon - Case #766 - Area variance application for building setback reduction from 35 feet to 14 feet and lot coverage increase from 10% to 15% for property located at 404 Sepasco Center Street, Rhinebeck, New York.  Applicant's authorized representative, Warren Smith was present and reviewed the application with the Board.  Mr. Smith stated the applicants would like to build a one-level addition and screened in porch on the west side of the  house for Lisa's disabled mother.  David asked if there is an existing deck.  Mr. Smith stated there is.  Jeff asked if there is a vacant lot to the north of the property.   Mr. Smith stated there is a lot that is underdeveloped with an unoccupied shed.  Mr. Smith stated there is no other possible location for the proposed addition.  Motioned by Scott and seconded by Jeff, the application was accepted.  A Public Hearing was set for February 18, 2009, at 7:35 p.m.

IV.     PUBLIC HEARINGS

          Imperato, John - Case #765 - Area variance        application to reduce lot frontage from 180 feet to 0 feet for property located at Hilltop Road, Rhinebeck, New York.  The Public Hearing opened at 7:45 p.m.  Mr. Impeato was present and reviewed the application with the Board.  Adjoining property owner, Patricia Marks, of 114 Hilltop Road was present and stated the area is becoming too populated and asked Mr. Imperato how many houses he would be building.  Mr. Imperato stated he'd like to build 2 houses.  Ms. Marks stated the road is too narrow for two cars to pass each other with the snow.  David asked if the narrowness is a problem in the summer months as well.  Ms. Marks stated the road is narrow without snow.  Mr. Imperato stated the volume of traffic would not be greatly affected by 2 houses and added he intends to leave two lots vacant.  David asked when he was planning to subdivide.  Mr. Imperato stated he would estimate in 5 years and added he is now looking into building envelopes for a conservation easement with Winnakee Land Trust.  Scott asked if the footprint as shown would stay the same.  Mr. Imperato stated that is his intention and he would work together with the Planning Board as subdividing and building progresses.  Jeff asked which 2 lots he would like to build on.  Mr. Imperato stated he has not decided but is thinking of lots B and C.  Adjoining property owner, Helena Wallac, of 124 Hilltop Road was present and reviewed the map with Mr. Imperato.   Ms. Wallac stated she felt the parcel of land should be kept private and not subdivided as not to crowd and overpopulate the area.  Ms. Wallac asked if Mr. Imperato would be putting in another driveway.  Mr. Imperato stated he was not planning to.  Ms. Wallac asked if any other variances or approvals would be needed.  David advised the ZBA handles variance applications as applied for.  Anything further would be up to the applicant and Planning Board approval.  Sid Griffin, President of the Northern Dutchess Rod & Gun Club, an adjoining property, was present and expressed support for the variance.  The Public Hearing was closed at 7:55 p.m. 

V.     OLD BUSINESS

RESOLUTION GRANTING an AREA VARIANCE - Dove's Nest, LLC - Case # 764

WHEREAS, an application for an area variance, Case #764, was filed on 12 December 2008 in compliance with Town Law by Dove's Nest, LLC (applicant), which owns the property at 100 Fox Hollow Road;

WHEREAS, a public hearing on this application was held on 7 and 21 January 2009 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 to grant approval for an area variance to increase the size allowed for a proposed accessory dwelling from 650 square feet to about 2280 square feet.  The Board finds that:

1.                  The property is located in the R5A zone in the Town of Rhinebeck and is known as tax parcel # 16-6158-00-100987 and is approximately 255 acres in size.

2.                  The applicant wishes to construct an accessory dwelling about 2280 square feet in size on the property.

3.                  The Town of Rhinebeck Zoning Law, Section VI(B)(5)(d) limits the size of a detached new construction accessory dwelling to a maximum of 650 square feet of habitable space

4.                  The Board notes that the proposed dwelling would be in character with the property and the neighborhood, and would not be a detriment to the neighborhood or nearby properties, especially given that it would be located on a large, 255 acre parcel on a private road.  The dwelling would be visible from one neighboring property but the owner of that property did not oppose the application.

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 an area variance to increase the size allowed for the proposed accessory dwelling from 650 square feet to about 2280 square feet, pursuant to its authority under Section XI (B)(3).

8.                  Granting of this variance does not relieve the applicant from obtaining any other required approvals or permits.

9.                  Construction of the accessory dwelling as detailed in the application must begin within one year from this date or this variance becomes null and void. 

Motioned by:  Jeff Irish                                                                VOTE:

Seconded by:  Michael West                                                          David Baldauf - yes

                                                                                                      Scott Bergin -yes

Date Approved: 4 February 2009                                                  Jeff Irish - yes

                                                                                                      Pierce Smith - absent

ZBA Secretary:  Jadeen Murray                                                     Michael West - yes

VI.  ADJOURNMENT

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

 Respectfully submitted,

Jadeen Murray, ZBA Secretary