Zoning Board of Appeals Meeting Minutes 1-21-09

TOWN OF RHINEBECK

ZONING BOARD OF APPEALS

MEETING MINUTES OF JANUARY 21, 2009

 

 

PRESENT:  David Baldauf, Chairman

                     Scott Bergin

                    Jeff Irish

                    Michael West

                     Jack Maasz, Zoning Enforcement Officer

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 7, 2009, 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 amended application with the Board.  Mr. Imperato presented a copy of the tax map showing the proposed lot locations.  Mr. Imperato stated he would like to subdivide the 96.6 acre lot into 4 parcels.  Lots A and B - 3 acres, lot C - 27 acres and lot D - 63.6 acres.  Lots A, B and C would have a common drive.  David noted the 4 lots would be served by one 50 foot strip of land.  Mr. Imperato stated  each lot would have enough room for right of ways.  Michael stated the lots would not technically be flag lots.  There could be a common roadway if the road was built to Town specifications.  David asked if he has spoken to the Town Highway Department about extending the road.  Mr. Imperato stated that would be too expensive and added Winnakee Land Trust is now looking into preserving some of the property. 

Jeff asked if Mr. Imperato had any figures on building costs.  Mr. Imperato stated approximately $100,000.00.  David asked if there would be a divider or fence.  Mr. Imperato stated there wouldn't be any fences or dividers.  Michael asked if there would be enough room on the common drive for 2 cars to pass each other.  Mr. Imperato stated there is enough room for 2 cars to pass and there would be enough room for emergency vehicles as well.  Jeff asked who came up with the proposed lot sizes.  Mr. Imperato stated he did with the help of a surveyor, Mr. Banks.  Motioned by Michael and seconded by Scott, the application was accepted.  A Public Hearing was scheduled for February 4, 2009, at 7:35 p.m.

 

IV.       PUBLIC HEARINGS

 

            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 7:45  p.m.  Applicant's authorized representative, Jeremy Joyce was present and reviewed the application with the Board.  Jack Maasz, ZEO was also present. 

The Board discussed the possibility of a Use Variance as opposed to Area Variance.  Scott stated subdividing the land would be the best alternative.  Mr. Joyce stated the owners are not interested in subdividing since their property has already been split 7 or 8 times and the process would take too long.  Michael stated if all requirements were met, the process could be completed within a few months. 

Scott stated other variances have been issued for other large properties such as this one.  David noted the large acreage could handle two principal dwellings and the proposed new Zoning Laws give leeway for such large properties.  The Board discussed and approved amending the area variance application for a detached accessory dwelling rather than two residences.  There were no neighboring property owners present.  The Public Hearing was closed at 8:05 p.m.

 

V.    NEW BUSINESS

         There was no new business scheduled.

 

VI.     OLD BUSINESS

 

 

                                             RESOLUTION GRANTING AREA VARIANCE

                                                              SHAWN McMICHAEL

                                                                      CASE #756

 

WHEREAS, an application for an area variance, Case #756, was filed on October 24, 2008, in compliance with Town Law by Shawn McMichael;

 

WHEREAS, a public hearing on this application was held on December 17, 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 of an area variance allowing for a front set back reduction from 75 feet to 35 feet+ as requested in the application:

 

1.         The property is located in a R3A Zone in the Town of Rhinebeck, New York, and is known as tax parcel #6169-00-776699-0000 and 59 Ackert Hook Road, Rhinebeck, New York.

 

2.         The applicant wishes to build a front porch to an existing house.  The front of the house is 40 feet from the front lot line. 

 

3.         Section VI(L) of the Town of Rhinebeck Zoning Law requires a front building set back of 75 feet in an R3A area.  Mr. McMichael's proposed porch would be approximately 35 feet from the front lot line.

 

4.         There was no opposition to the application at the public hearing from any neighbors or public.  In fact, a neighboring property owner John McGuire, 42 Ackert Hook Road, was present and stated no objection.

 

5.         On balance, the Board finds that the request will not adversely impact the character of the neighborhood.  

 

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

 

7.         Accordingly, the Zoning Board of Appeals, after due deliberation, grants the requested area variance from Section VI(L) of the Town of Rhinebeck Zoning Code allowing for a front set back reduction from 75 feet to 35+ feet as requested in the application.

 

8.         The variance will be null and void if not acted upon within one year of the granting of the variance.

 

9.         The granting of the variance does not relieve applicant from obtaining whatever additional approvals and/or permits required.

 

 

 

Motioned by: David Baldauf                                                                  VOTE:

 

Seconded by:  Jeff Irish                                                                                                           

                                                                                                            David Baldauf - yes

Scott Bergin - absent

Date Approved: January 21, 2009                                                          Pierce Smith - absent

Michael West - yes

                                                                                                            Jeff Irish - yes

 

Zoning Secretary/Town Clerk: Jadeen Murray

 

 

 

*****

 

RESOLUTION DENYING AN AREA VARIANCE

PETER ILANI, CASE # 761

 

WHEREAS, an application for an area variance, Case # 761, was filed on 12 December 2008 in compliance with Town Law by Peter Ilani (applicant), who resides at 48 River Road, Rhinebeck;

 

WHEREAS, a public hearing on this application was held on 7 January 2009 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 an area variance to create a new building lot of approximately 2.84 acres by subdividing an existing conforming lot as requested by the applicant.

 

1.                        The property is located in an R5A zone in the Town of Rhinebeck and is known as tax parcel # 6070-00-               865395-00.

 

2.                        The applicant wishes to create a new building lot 2.84 acres in size, by subdividing his existing conforming lot of 7.846 acres, thus creating a new non-conforming lot.

 

3.                        The Town of Rhinebeck Zoning Law, Section II(E)(3), requires a minimum lot size of 5 acres in the R5A          zone.

 

4.                        Four neighbors from four adjacent or nearby properties appeared at the public hearing and all opposed the        creation of the proposed new lot.

 

5.                        Dutchess County Planning has stated in a letter dated 9 January 2009 regarding a previous area variance                application from the same applicant (Case # 751), that while there are other non-conforming lots in the area it is not a reason to add another lot which does not meet minimum acreage requirements.

 

6.                        The Board understands that relative to Case # 751 the applicant has eliminated the need for a lot width variance with this latest application, but still notes the unanimous position taken by multiple neighbors    that the new lot would be an undesirable change or a detriment to nearby properties. 

 

7.                        The Zoning Board of Appeals, after due deliberation, therefore denies the requested area variance from            Section II(E)(3) for a reduced lot size, pursuant to its authority under Section XI (B)(3).

 

Motioned by:  Jeff Irish                                                                    VOTE:

 

Seconded by:            Michael West                                                               David Baldauf - yes

                                                                                                         Scott Bergin - absent

Dated:  21 January 2009                                                                   Jeff Irish - yes

                                                                                                         Pierce Smith - absent

                                                                                                         Michael West - yes

 

ZBA Secretary:  Jadeen Murray

 

 

 

*****

 

RESOLUTION GRANTING AN AREA VARIANCE

William J. Clarke - Case #762

 

WHEREAS, an application for an area variance, Case #762, was filed on November 25, 2008 by William J. Clarke 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 January 7, 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 of an area variance to reduce lot area from the required 3 acres to 1.55 acres for property located at 290 Salisbury Turnpike;

 

1.  The applicant's 5.924 acre property is in the R3A zone, located at 290 Salisbury Turnpike and known as tax parcel # 6370-00-614967;

 

2.  The parcel currently has one dwelling with frontage on both Salisbury Tpk. and Round Lake Road with access from the Round Lake Road side;

 

3.  The applicant wishes to subdivide the property into two parcels, one of 1.557 acres with the house and a building lot of 4.368 acres;

 

4.  The ZBA has previously granted a variance for a subdivision of this property;

 

5.   Because of topographical and soil conditions, the applicant is now requesting an increase in the size of the building lot to accommodate well, septic, driveway and proper building line setbacks, which decreases the lot size of the parcel with the house to 1.55 acres.

 

6.  The ZBA has determined that the granting of this variance will have no negative impact on the neighborhood and there were no objections voiced at the public hearing;

 

7.  The ZBA, after due deliberation GRANTS a variance from Section II(E)(3) of the Zoning Law citing it's authority under Section XI.(B)(3);

 

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

 

9.  This variance shall be null and void unless construction has commenced within one year of this date.

 

 

Motioned by:  Michael West                                                                             VOTE

Seconded by:  David Baldauf                                                                          David Baldauf - yes

                                                                                                                                Scott Bergin - absent

Date Approved: January 21, 2009                                                                  Jeff Irish                - yes                                                                                                                                                                                       Pierce Smith - absent

Filed with Town Clerk:  January 22, 2009                                                      Michael West - yes

 

Zoning Clerk: Jadeen L. Murray

 

 

 

VI.     ADJOURNMENT

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

 

Respectfully submitted,

 

 

Jadeen Murray

ZBA Secretary