Zoning Board of Appeals Meeting Minutes1-7-09

TOWN OF RHINEBECK

ZONING BOARD OF APPEALS

MEETING MINUTES OF JANUARY 7, 2009

 

 

PRESENT:   Michel West, Chairman          

                     Scott Bergin

                    Jeff Irish

ABSENT:    David Baldauf

                     Pierce Smith

 

I.       CALL TO ORDER

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

 

II.      APPROVAL OF MINUTES

          Meeting minutes of December 17, 2008, were reviewed and approved.

 

III.     NEW BUSINESS

            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 Applicant was present and reviewed the application with the Board.  Mr. Imperato stated he purchased the property in September, 2008, and would like to build a few houses for his family to occupy.  Mr. Imperato stated he received a variance prior to purchasing this property.  Mr. Imperato presented a tax map copy showing the proposed lots.  Mr. Imperato stated he is speaking to the Land Conservatory to possibly leave a portion of the property wild.  Michael noted lots A and B become quite narrow.  Michael asked if there is a survey.  Mr. Imperato stated he is having a survey done.  Scott asked when the survey is expected to be done showing the possible house sites and added it is difficult for the Board to make any determinations based on the information provided.  Mr. Imperato stated a surveyor is quite expensive and doesn't want to incur the cost pending ZBA approval.  Michael noted the property, as shown on the submitted map, would have landlocked parcels and the law only allows one flag lot per one to six lot subdivision.  Scott stated Mr. Imperato's good faith renderings are understood but more explicit information is needed.  Michael stated perhaps the surveyor could provide a more definitive drawing without doing a complete survey.  Motioned by Michael and seconded by Jeff, the application was not accepted.

 

 

IV.     PUBLIC HEARINGS

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.  The Public Hearing opened at 7:45 p.m.  Applicant's representative, Marie Welch, was present and reviewed the application and sketch map with the Board.  Ms. Welch stated Mr. Ilani wishes to create two parcels.  Parcel #1 being 2.84 acres, and parcel #2 being 5.0 acres,  and added the current residence has acceptable utilities and municipal water.  Mrs. Welch stated creating a 2.84 acre lot would be in character with the neighboring parcels.  Michael noted the lot is 60% larger than the adjacent lots.  Ms. Welch noted Mr. Ilani is flexible with the use and location of the pole barn.  Neighboring property owner, Holly Moskoff of 78 River Road, was present and stated she feels this would negatively affect the historic and scenic surroundings and would not conform with the proposed draft master plan.  Neighboring property owner, Marion Palmatier of 18 River Road was present and stated Mr. Ilani is not a full time, long time resident.  Ms. Palmatier stated concern about preserving the rural integrity of the area and added she has been a long time, full time resident.  Barbara Roth, of River Road, was also present and stated this would create more traffic and upset the rural country atmosphere, adding there has been much more traffic since the Rhinecliff Hotel opened.  Neil Telang, of 86 River Road was present and stated they should receive the benefit of 5 acre zoning, and not increase population and traffic, and added the owner fenced in the property, which he feels is not in conformity with the neighborhood.  The Public Hearing was closed at 7:50 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.  The Public Hearing opened at 7:55 p.m.  Applicant's representative, Marie Welch was present and reviewed the application and subdivision map with the Board.  Ms. Welch reminded the Board a variance for this property was granted in September of 2008, and added upon review and soil conditions, a greater variance is needed.  Ms. Welch added entrance would be from Salisbury Turnpike and the well and septic systems could go outside of the building envelope.  Neighboring property owner, Adam Suitz of 41 Round Lake Road was present.  Mr. Suitz reviewed the map and stated no objection.  The Public Hearing was closed at 8:00 p.m.

 

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.  The Public Hearing opened at 8:05 p.m.  Applicant's authorized representative, Jeremy Joyce was present and reviewed the application with the Board.  Michael stated there was a letter received from Jack Maasz, Zoning Enforcement Officer, who could not be present, which  needed clarification.  Michael asked Mr. Joyce if he would be available to attend the next meeting on January 21, 2009.  Mr. Joyce said he would be available and added he wishes to proceed quickly, as the house is now being built.  Michael asked if any digging or building has begun.  Mr. Joyce stated there is no digging or excavating and home is being built offsite from a kit.  Jeff asked if the home would be used as rental income and Mr. Joyce stated it would not be.  Michael asked if they would be subdividing the property.  Mr. Joyce stated the owners don't want to subdivide adding the process would take too long.  Michael reminded Mr. Joyce the Board previously requested a letter from the property owners stating their primary residence.  Mr. Joyce stated he would try to provide such letter.  The Board members agreed to adjourn the Public Hearing.  The Public Hearing was adjourned at 8:20 p.m. until January 21, 2009.

 

V.     OLD BUSINESS

 

RESOLUTION GRANTING AREA VARIANCE

CASE # 711 - JOSEPH VACCARINO

 

Whereas an area variance application for front and side yard setbacks for a two car garage, Case # 760 has been filed on November 17, 2008, in compliance with the Town Law by Joseph Vaccarino.

 

Whereas a public hearing on this application was held on December 3, 2008, where all interested parties were heard.

 

Whereas the record of the Hearing has been reviewed and the members of the Board have familiarized themselves with the premises.

 

Now therefore it is moved by the Board of Appeals to approve a front yard setback from 50 to 14 feet and a side yard setback from 35 to 8 feet for the installation of a two car garage.  This is based on the following findings:

 

FINDINGS

 

1. The applicant's property is located in Rhinecliff at 11 Jones Street in the R1A zone and is assigned Tax Map #6069-06-386813. 

 

2. The applicant wishes to install a garage at the southwest corner of the lot.  The location is shielded on both the front and side by landscaping.  Preservation of this landscaping is a condition of this approval.

 

3. The placement of the garage fits in with the character of the neighborhood and no neighbors objected to this request.

 

4. The Board makes a negative declaration of its Environmental Assessment, as part of this motion.

 

5. On balance this action is deemed acceptable by the ZBA .

 

6. In this action the ZBA has evaluated the application in conformance with Sec XI.B.3.

 

7.  The approval of this variance in no way obviates the need for Applicant to obtain additional approvals and building permits, including but not limited to Planning Board approval.

 

8.  This variance shall become null and void if building has not commenced within one year. 

 

Motioned by:  Michael West

Seconded by:  Pierce Smith

 

                                                                                    VOTE:

 

                                                                                    Jeff Irish - yes

                                                                                    Scott Bergin - yes

                                                                                    Pierce Smith - absent

                                                                                    David Baldauf - absent

                                                                                    Michael West - yes

 

Dated:  January 7, 2009

 

Zoning Clerk:  Jadeen Murray

 

 

VI.     ADJOURNMENT

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

 

Respectfully submitted,

 

 

Jadeen Murray

ZBA Secretary