Zoning Board of Appeals Meeting Minutes 3-4-09

TOWN OF RHINEBECK

ZONING BOARD OF APPEALS

MEETING MINUTES OF MARCH 4, 2009

 

 

PRESENT: David Baldauf

                   Jeff Irish

                   Pierce Smith

                   Scott Bergin

                    Michael West

 

I.       CALL TO ORDER

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

 

II.      APPROVAL OF MINUTES

          Meeting minutes of February 18, 2009, were reviewed and approved.

 

III.     NEW BUSINESS

          Sie, Susan - Case #768 - Area variance application for lot coverage increase      and setback reductions for property located at 23 Grinnell Street, Rhinecliff   New York.   Front - Tewkesbury Street - from 50 feet to 10 feet; Front -      Grinnell Street - from 50 feet to 20 feet; Side - from 20 feet to 15 feet and               Rear - from 25 feet to 13 feet.  Applicant was present, reviewed the     application and submitted photographs of her home and property to the     Board.  Ms. Sie stated her home is in very bad condition and she wishes to       demolish the existing home and rebuild.  David noted Ms. Sie also owns a    lot across the street from the existing home.  Ms. Sie stated she may be     interested in putting in a septic system on the lot.  Jeff noted from the submitted plans, a variance for lot coverage would be necessary.  Jeff           asked          Ms. Sie what the new lot coverage would be and Ms. Sie responded that she           was unsure.  Pierce noted the plans indicate a new garage.  David asked how    many sheds were currently on the property.  Ms. Sie stated there is one shed     that she would like to rebuild.  Pierce asked what the square footage of the    existing house is.  Ms. Sie stated approximately 1,500 square feet, consisting        of two floors and a basement.  David asked the time frame for demolition and rebuilding.  Ms. Sie stated she would like to begin as           soon as possible.           David asked if Ms. Sie would be living on site during the           process.  Ms. Sie stated she would not.  Pierce asked what the height of the new house would         be and Ms. Sie stated she was unsure of the figure but added she is sure the           height is allowed by the current Zoning Law.  David asked if Tewkesbury is      a Town road.  Ms. Sie stated it is a Town road and          added it is not a through                  road.  David stated this Application would require further review by the Conservation Advisory Council and Local Waterfront Revitalization       Program.  David added this property is located in the Hudson River National         Historic Landmark District.  It was further discussed that the Town has   enacted a Demolition Law which should be on file in the Town           Clerk's        office.  Motioned by Pierce and seconded by Michael, the application           was   accepted.  A Public Hearing was set for March 18, 2009, at 7:35 p.m.

 

IV.     PUBLIC HEARINGS

            Barich, Pamela - Case #767 - Area variance application for lot size          reduction from 1.0 acres to 0.68 acres for new construction of accessory       dwelling and rear and side setback reductions from 20/25feet to          1 foot +/-,   and front setback reduction from 50 feet to 48 feet, for property located at 11   Dutchess Terrace, Rhinecliff, New York.  The Public Hearing opened at        7:50 p.m.  The applicant was present and reviewed the application with the       Board.  Ms. Barich stated she would like to build over the existing garage.        David asked if Ms. Barich would be making any changes to the      existing           home and Ms. Barich stated she would only be changing the garage.        Neighboring property owners, Sheidre Ulsiter, of 17 Dutchess Terrace and         Jack Conklin, of 9 Dutchess Terrace were present.  Both neighbors stated no     objection.  They were interested in clarification of the notice received and    wished to voice concern of limited parking in the neighborhood.  The Public      Hearing was closed at 8:00 p.m.

 

V.     OLD BUSINESS

 

RESOLUTION GRANTING AREA VARIANCE

                                                               JOHN N. IMPERATO

                                                                      CASE #765

 

WHEREAS, an application for an area variance, Case #765, was filed on January 2, 2009, and later amended by John N. Imperato 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 February 4, 2009, 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 4-lot subdivision with a reduction of road frontage from 180 feet to 0 for 2 lots and 25 feet for 2 lots:

 

1.         The applicant is the owner of a 96.6 acre lot in the R3A Zone located at the end of Hilltop Road and known as tax parcel  #6370-00-459135;

 

2.         The applicant proposes to subdivide the 96.6 acre lot into 4 parcels as set forth in his application.  Lots A and B would be 3 acres; Lot C would be 27 acres; and Lot D would be 63.3 acres.  The applicant proposes that Lot C with 25 feet of road frontage from Hilltop Road would provide an easement for Lots A and B.  Lot D would have 25 feet of road frontage off of Hilltop Road.  Essentially, all 4 lots would be served by the 50-foot wide strip of land abutting the end of Hilltop Road.

 

3.         The parcel currently has just 50 feet of road frontage as Hilltop Road dead ends into a portion of the western boundary. 

 

4.         It should be noted that the applicant has appeared before this Board and received an area variance to allow a 2-lot subdivision with reduction of road frontage from 180 feet to 25 feet for each.  This was under Case #731 approved on December 5, 2007. 

 

5.         Section IV(L) of the Zoning Law, District Schedule of Area and Bulk Regulations, requires that a lot in the R3A Zone have a minimum road frontage of 180 feet.

 

6.         The ZBA has determined that the creation of the new lots will have no negative impact on the neighborhood.  At the public hearing, Patricia Marks and Helena Wallach voiced concerns but did not oppose the plan.  A representative of the Northern Dutchess Rod & Gun Club, Sid Griffin, supported the plan.

 

7.         Accordingly, the Zoning Board of Appeals after due deliberation grants the requested ara variance from Section IV(L) of the Town of Rhinebeck Zoning Code allowing for lot frontage to be reduced from 180 feet to 0 for Lots A and B and a reduced road frontage from 180 feet to 25 feet for Lots C and D.

 

8.         The area variance is subject to the condition that the property be subdivided as shown on the amended application and that there be no further subdivision of the property. 

 

9.         The Dutchess County Planning Board has stated that this is a matter of local concern.

 

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:  Scott D. Bergin                                                               VOTE:

 

Seconded by:  Michael West                                                                 David Baldauf - yes

Scott Bergin - yes

Date Approved: March 4, 2009                                                               Pierce Smith - yes

Michael West - yes

                                                                                                            Jeffrey Irish - no

 

Zoning Secretary/Town Clerk: Jadeen Murray

 

 

 

 

 

RESOLUTION GRANTING AN AREA VARIANCE

Lisa Rosenthal & Jon Gautier, Case #766

 

WHEREAS, an application for an area variance, Case #766, was filed on January 20, 2009 by Lisa Rosenthal & Jon Gautier 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 February 18, 2009 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 two area variances:

 

1)           Relief from Section IV L, minimum side yard setback reduction from 35' to 14';

2)       Relief from Section IV L, to increase lot coverage from 10% to 15%;

 

1.  The applicants' parcel is in the R3A zone located at 404 Sepasco Center St. and is known as tax parcel # 135039-6371-14-349337-0000;

 

2.  The lot is 0.46 of an acre (+-) and pre-dates zoning, as do all of the lots in the development known as Sepasco Village;

 

3.  The applicants intend to construct a four room addition to the existing house to be used as an apartment with a screened porch for Ms. Rosenthal's mother;

 

4.  The ZBA has determined that the creation of the proposed addition and the resulting change in setback and coverage would not be out of character in the Sepasco Village development. The adjacent lots on either side are, as yet, undeveloped;

 

5.  The ZBA has determined that the proposed addition will have no negative impact on the neighborhood and there were no objections voiced at the public hearing;

 

6.  The ZBA, after due deliberation GRANTS the variances from Section IV(L) of the Zoning Law citing it's authority under Section XI.(B)(3);

 

7.  The Dutchess County Planning Board has stated that this is a matter of local concern;

 

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

 

9.  The granting of this variance does not relieve the applicants from obtaining whatever additional approvals and/or permits that may be required.

 

 

Motioned by:  Michael West                                                                             VOTE

 

Seconded by:  Scott Bergin                                                                               David Baldauf - yes

                                                                                                                                Scott Bergin - yes

Date Approved: March 4, 2009                                                                       Jeff Irish                - yes                                                                                                                                                                                       Pierce Smith - yes

ZBA Clerk:  Jadeen Murray                                                                              Michael West - yes

 

 

DISCUSSION:

 

Warren Temple Smith was present regarding Application for Interpretation for property located at 6 Long Dock Road, Rhinebeck, New York, owned by Gina Packard.  Mr. Smith noted this matter is now before the Planning Board and stated Ms. Packard has tried to obtain a Certificate of Occupancy from the Building Department and was notified by the Zoning Administrator that the time has elapsed from a prior variance issued.  David stated this matter would be placed on the agenda for the scheduled meeting of March 18, 2009, for presentation of application and supporting documents.

 

     VI.     ADJOURNMENT

                The meeting was adjourned at 8:20 p.m.

 

     Respectfully submitted,

 

 

 

    Jadeen Murray

    ZBA Secretary