Zoning Board of Appeals Meeting Minutes

 

 

TOWN OF RHINEBECK

ZONING BOARD OF APPEALS

MEETING MINUTES OF JULY 16, 2008

PRESENT: David Baldauf, Chairman

Jeff Irish

Pierce Smith

Michael West

ABSENT: Scott Bergin

 

I. CALL TO ORDER

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

 

 

II. APPROVAL OF MINUTES

Minutes of July 2, 2008 meeting minutes were reviewed and approved.

 

 

III. NEW BUSINESS

Maher, Susan - Case #747 - Area Variance Application to change single family to two family dwelling for property located at 56 Old Post Road, Rhinebeck, New York. Applicant submitted a letter rescinding her prior application, Case # 738. Ms. Maher explained that she wishes not to have a bed and breakfast and wants to make her home two family with one family dwelling being upstairs and one downstairs. Pierce stated her property is now considered a single family with a bed and breakfast. Mrs. Maher stated she gave along with the application a School Tax bill which shows the property as a two family dwelling. Pierce noted there were two other resolutions for the property applied for by a previous owner and asked them to be provided at the next meeting. Mrs. Maher stated she doesn't feel comfortable having a bed and breakfast with strangers coming and going often. She knows a young couple soon to be married and would like to rent to them. Mrs. Maher also stated changing to a two family dwelling would not change the footprint of her home at all, and added she has two driveways, one on the north side and one on the south. Mrs. Maher also stated there has always been two entrances, driveways and decks with a private yard. Jeff noted at the prior Public Hearing her agent stated he had begun construction of a door and stairwell six months ago. Mrs. Maher said this is true and she thought this egress would be grandfathered. Jeff asked if this was an open or closed permit. Mrs. Maher said she was not sure and would find out. David asked for a drawing of her lot showing distance to the neighboring properties. Mrs. Maher stated she submitted letters showing support from her neighbors. David told her they would also have a chance to speak at the Public Hearing. Motioned by Michael and seconded by Pierce, the application was accepted. A Public Hearing was scheduled for August 6, 2008, at 7:35 p.m.

 

Schiffman, David - Case #748 - Interpretation Application for review of Zoning Officer's Decision, regarding accessory structure for property located at 163 Old Post Road, Rhinebeck, New York. Dr. & Mrs. Schiffman and their authorized representative and architect Ray Nelson were present and reviewed the application with the Board. Mrs. Schiffman stated she is an author and resident for 23 years and this property is declared on the National Registry. David stated pursuant to the Zoning Enforcement Officer this was a studio apartment. Mrs. Maher stated she needs the area for her writing studio and having a kitchen, tub and resting area helps her with her work. Mrs. Schiffman also stated this is not used as an apartment or rented. Pierce asked the height of the structure. Mr. Nelson stated it is 32 feet from the basement. Mr. Nelson stated they would be wiling to remove the kitchen and tub. David stated any changes they wish to make in order not to be considered an accessory dwelling would have to be discussed with the Zoning Enforcement Officer. Mr. Nelson stated he would speak with Jack Maasz and try to reach an agreement. Motioned by Pierce and seconded by Michael, the application was accepted. A Public Hearing was scheduled for August 6, 2008, at 7:45 p.m.

 

Eisserer, Walter - Case #749 - Area Variance Application for front setback reduction from 75 feet to 45 feet for property located at 71 Stone Church Road, Rhinebeck, New York. Applicant was present and reviewed the application with the Board. Mr. Eisserer stated the old tent had been there for 8 years and was damaged by snow. The new tent would only be used to store a lawnmower and some gardening equipment. Mr. Eisserer also stated the tent would not be bothersome or visible by any neighbors and is approximately 85 feet from the road. David advised neighboring property owners would be notified of the variance request and Public Hearing. Motioned by Pierce and seconded by Jeff, the application was accepted. A Public Hearing was scheduled for August 6, 2008, at 7:55 p.m.

 

 

IV. PUBLIC HEARINGS

Rhinebeck Mews, LLC. - Case #737 - Area Variance Application for fence height increase, creation of signage and signage size. The Public Hearing opened at 8:05 p.m. Matt Moore of Rhinebeck Mews, LLC., was present and reviewed the application and showed drawings of present building and drawings of proposed signage and sale and display areas. Pierce asked the size of the two outdoor display areas and Mr. Moore stated 6,900 square feet and 9,100 square feet to the north. Mr. Moore added they would both be fenced. Mr. & Mrs. Williams, owners of a neighboring business, Williams Lumber, were present, along with Mrs. Sally Mazzarella. Mrs. Mazzarella noted it would be nice to see drawings of their sale displays. She stated the new comprehensive plan shows potential to retrofit many developments to dress up the area. Mrs. Mazzarella stated concern that this store would change the traffic patterns and would not fit in with the neighborhood like design, and would be counteracting what the town residents would like to see. Scott asked what the 8 foot fence would be made of and Mr. Moore stated it would be chain link fence approximately 400 feet from the road. Pierce asked how much space the store would be using. Mr. Moore stated Tractor Supply would be using 22,000 square feet, approximately 66% of the building. Mr. Williams stated he felt the fencing would give a prison-like look. Mr. Moore stated the store would have the same signage and color scheme as Stop & Shop. Mr. Moore stated he has partial commitment from other tenants. Mrs. Williams asked if they would be planning on cutting trees on the north side of the entranceway. Mr. Moore stated it was not planned at this point. Mr. Williams stated there are wetlands in the area to be considered. Ms. Williams asked about the security fence. Mr. Moore stated it would be approximately 75 feet from the building. Ms. Sharon Sherrod stated she would be in favor of the outdoor area for gas tanks and such. Mr. Moore stated there would be a concrete pad for the tractor display area. David asked if there would be an awning over top of the display areas. Mr. Moore stated there would not be. Mrs. Mazzarella stated concern about the amount of fencing and how much of their products would be displayed outside. David asked why they were planning to use so much outdoor display space. Mr. Moore stated it was for economical reasons and is currently being considered by the Planning Board. David asked if the outdoor display area would be visible from the road. Mr. Moore said it would not be. David asked if they have spoken to Stop & Shop about how they would share the sign space. Mr. Moore stated Tractor Supply would like to have their own sign. Pierce stated the law says the square footage for shopping centers is 100,000 square feet and the proposed space is 116,000 square feet. David stated he would research the law and moratorium. The Public Hearing was closed at 8:45 p.m.

 

 

V. OLD BUSINESS

RESOLUTION FOR AN AREA VARIANCE -Darin Page - CASE 743

 

WHEREAS, an application for an area variances, Case # 743, was filed on May 29, 2008 by Darin Page ("Applicant") in compliance with the Town Law;

 

WHEREAS, a public hearing on this application for the variance was advertised and held by the Town of Rhinebeck Zoning Board of Appeals on June 18, 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 permit a sideyard setback reduction from 20 feet to seven feet. This action is based on the following findings:

1. The property is located in the R1A district in the Town of Rhinebeck and is known as tax parcel # 6069-06-461962.
2. The Applicant wishes to install a swimming pool in a location which is seven feet from the neighbor's property line. Section IV (G) of the law requires a 20 foot setback for accessory structures and so the applicant is requesting a variance.
3. The pool, which has been partially completed, is located near the property line with The Church of Good Shepherd (St. Joseph's) in Rhinecliff. Applicant is attempting to obtain a lot line adjustment with the Church and the Church has submitted a letter which supports the requested variance.
4. There were no objections at the public hearing, and, as stated above, the Church next door has expressed support for the variance.
5. The pool location and variance will not cause a determent to the neighborhood, and there will be no adverse impact on the environmental conditions of the neighborhood. .
6. Dutchess County states this is a matter of local concern.
7. The ZBA, after due deliberation, approves the above request for a variance from Section IV (G) under their authority cited in Section XI of the law.
8. Unless implementation is commenced within one year from the date of issuance of his variance, the variance shall become null and void without further action of the ZBA.

 

Motioned by: Pierce Smith VOTE:

Seconded by: Michael West` Jeff Irish - yes

Pierce Smith - yes

David Baldauf - yes

Michael West - yes

Scott Bergin - absent

 

Dated: July 17, 2008

ZBA Secretary: Jadeen Murray

 

 

 

 

 

 

RESOLUTION GRANTING AN AREA VARIANCE -

STEPHEN DAVIS

CASE #746

 

WHEREAS, an application for an area variance, Case #746, was filed on June 12, 2008 in compliance with Town Law by Stephen Davis through his representative John Post, Jr. relative to a property on Morton Road;

 

WHEREAS, a public hearing on this application was held on July 2, 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 property;

 

NOW, THEREFORE BE IT RESOLVED, that for the following reasons the Board GRANTS approval for an area variance relative to lot width from the required 400 feet or greater to 375 feet:

 

1. The property is located in an R5A Zone in the Town of Rhinebeck, New York, and is known as tax parcel #6069-00-370485.

 

2. The applicant wishes to construct a dwelling on the 8+ acre property whose required width at the requested building site is less than 400 feet.

 

3. The desired placement of the dwelling is in an area where the lot width at its narrowest is approximately 384 feet. The location of the proposed dwelling is necessitated by the existing land conditions including topographic data, rock outcroppings and property lines.

 

 

 

4. Section IV(L) of the Town of Rhinebeck Zoning Law requires a minimum lot width of 400 feet for the creation of a structure in the R5A Zoned District.

 

5. The neighboring property owners Page Marx, who owns property immediately south of the parcel, and Frank and Helene Crohn, who own property immediately to the north, were present. The neighbors reviewed the proposal and had no objection.

 

6. The ZBA has determined that the granting of the variance will have no negative impact on the neighborhood.

 

7. The Board makes a negative declaration of the environmental assessment as part of this motion.

 

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 variance from Section IV(L) for the placement of a dwelling where the minimum of lot width is less than 400 feet to the requested reduction of 375 feet. The Board does so pursuant to its authority under Section XI of the law.

 

10. The variance will be null and void if construction is not commenced within one year of the granting of the variance

 

11. The granting of the variance does not relieve applicants from obtaining additional approvals, if required.

 

 

Motioned by: David Baldauf VOTE:

Seconded by: Pierce Smith David Baldauf - yes

Pierce Smith - yes

Michael West - yes

Jeffrey Irish - yes

Scott Bergin - absent

Date approved: July 16, 2008

Zoning Secretary: Jadeen Murray

 

VI. ADJOURNMENT

The meeting was adjourned at 9:15 p.m.

 

 

Respectfully submitted,

 

 

Jadeen Murray

ZBA Secretary