Zoning Board of Appeals Meeting Minutes 10-05-10

TOWN OF RHINEBECK

ZONING BOARD OF APPEALS MEETING MINUTES

OCTOBER 5, 2010

                                                            SPECIAL MEETING

 

 

PRESENT:  David Baldauf                            ABSENT:  Ellen Silverstein   

                    Jeff Irish                                                                              

                    Scott Bergin                             

                    Michael West

 

I.          CALL TO ORDER

            The meeting was called to order at 7:00 p.m.

 

II.        APPROVAL OF MINUTES

            Minutes of 9-15-10 were reviewed and approved. 

 

III.       NEW BUSINESS

            There was no new business scheduled. The meeting of 10-06-10 was cancelled.

 

IV.       PUBLIC HEARINGS

            There were no Public Hearings scheduled.

 

V.        OLB BUSINESS

            Northern Dutchess Rod & Gun Club - Case #788 - The Board has not received the sound

measurement assessment from Morris & Associates, the Town's consultant.  The matter will be

on the next meeting Agenda of October 20, 2010.

 

            Williams Lumber, et al., - Interpretation Application - Case #792 - Zoning Board of

Appeals Resolution dated October 6, 2010, supporting the decsion of the the Zoning

Enforcement Officer, made a part hereof, filed with the Clerk. 

 

            Rhinebeck Mews, LLC. - Case #800 - Area Variance Application requesting outdoor

display from full enclosure to partial enclosure. 

David stated the Applicant is requesting the same variance as their prior application with no new

requests.  David stated he feels this is a reasonable request, adding the neighboring property has

a great deal of outdoor storage and this is a commercial business area.  Michael stated he feels

there would be no negative impact on the neighborhood and the variance could be granted with

limitations.  Michael stated the proposal shows the intent of keeping the property tidy and

uncluttered.  Scott stated he agrees with the Board's previous ruling, adding their proposal blends

with the neighborhood.  Jeff stated a 50% increase is large to request and the area is far from the

road.  Jeff stated the Applicant proposes to landscape and screen the northern and southern

areas with three feet to four feet boxwood hedges and install fencing to obscure visibility,

adding he feels this would be in character with the surrounding property and neighborhood. 

Michael stated most of the proposed projects would be in the rear of the building and aesthetic

impact would be minimal to the front.  

 

     Rhinebeck Mews, LLC., - Case #807 - Area Variance Application seeking sign size increase

from 20 square feet to to 125 square feet. 

Michael stated he felt the existing Stop and Stop signage is considerably larger from what the

Applicant is requesting.  Michael stated the proposed signage would appear much smaller, as

viewed from the road.  Scott stated he felt the request for a 125 square foot sign, where a 30

square foot sign is allowed is too large.  Scott stated he felt the monument sign should be

considered.  David stated the new Zoning Law should be considered and signage kept

conservative.  David stated Stop and Shop has store department signs on the building that are 1

foot tall by 6 or 8 feet long, which can be clearly seen from the parking lot, and any new area

signage should be in conformity.  Jeff stated the requested variance is for three signs; one for 83

square feet, one for 36 square feet and one for 6 square feet, totaling 125.  Jeff stated the Tractor

Supply proposed sign would be 83 square feet, which is less than half of the Stop and Shop sign,

adding the placement would be 400 feet back from the road.  Michael stated this is a pre-existing

shopping center, and signage should be considered for future commercial development.

 

 

 

 

RESOLUTION DENYING AN AREA VARIANCE

JAY GRUTMAN - ZBA CASE # 799

 

 

WHEREAS, an application for an area variance, Case # 799, was filed on 11 June 2010 in compliance with Town Law by Jay Grutman (applicant), who owns the residence at 21 Denu Way, Rhinecliff; New York.

 

WHEREAS, a public hearing on this application was held on August 18th 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 by the Board that for the following reasons the Board denies approval for area variances to increase the lot coverage to 10.5% and decrease the minimum lot size required to 0.384 acres.

 

1.                        The property is located in the 5RL (Residential Low Density) zone in the Town of Rhinebeck and is known as tax parcel # 6069-06-482878.

 

2.                        The applicant wishes to construct a detached garage with accessory dwelling space above it. 

 

3.                        The Planning Board, as lead agency for the proposed action under SEQRA, issued a Negative Declaration on August 2, 2010.

 

4.                        The Town of Rhinebeck Zoning Law, Article VI.D.5.f, requires a minimum lot size of 7.5 acres for the construction of a new accessory dwelling in the 5RL district, whereas the subject property is much smaller, at 0.384 acres.  Also, Town Law Article IV.A Bulk Regulations stipulates a maximum lot coverage of 7.0%, and the proposed action would increase the coverage to 10.5%.

 

5.                        A public hearing was held on August 18, 2010.  The agent for the applicant told the Board that the owner lived or wanted to live on the property and wished to have another person live there in the dwelling space above the garage.  She stated that the lot was well wooded and that the garage would not be seen by neighbors.  One neighbor stated that they considered the lot too small for two families to potentially live there and they were against the proposal.

 

6.                        The Dutchess County Department of Health in an email dated June 29, 2010, stated that they do not recommend construction of the accessory structure without having the existing sewage disposal system analyzed, due to the property being so small.

 

7.                        The Board notes upon inspection of the property in early September that, (1) the main residence is in a serious state of disrepair and appears uninhabitable, and (2) that there is a realtor's "for sale" sign on the property.  The agent for the applicant confirmed in a follow-up conversation that the main residence is indeed not currently habitable and that the owner does have the property up for sale.  The Board notes that this is inconsistent with the owner's plans for the property as explained at the public hearing.  The Board also notes that the lot is very small, the proposed garage would be very close to Denu Way and a nearby home, would be openly visible, and would not be in character with the 5RL Residential Low Density zone.

 

8.                        The Zoning Board of Appeals, after due deliberation, therefore denies the requested area variances from Articles VI.D.5.f and IV.A, pursuant to its authority under Article XI.B.3.

 

Motioned by:            Michael West                                                               VOTE:

 

Seconded by:            Jeff Irish                                                                      David Baldauf - yes

                                                                                                         Scott Bergin - yes

Date Approved: 5 October 2010                                                       Jeff Irish - yes

                                                                                                         Ellen Silverstein - absent

Filed with Town Clerk: October 6, 2010                                           Michael West - yes

 

ZBA CLERK:  Jadeen Murray

 

VI.        ADJOURNMENT

            The meeting was adjourned at 7:55 p.m.        

 

Respectfully submitted,

 

 

 

Jadeen Murray

Clerk