Zoning Board of Appeals Meeting Minutes

TOWN OF RHINEBECK

ZONING BOARD OF APPEALS

MEETING MINUTES OF AUGUST 20, 2008

PRESENT: David Baldauf, Chairman

Jeff Irish

Pierce Smith Michael West

Scott Bergin

 

I. CALL TO ORDER

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

David announced the next meeting would be September 17, 2008.

 

II. APPROVAL OF MINUTES

Minutes of August 6, 2008 meeting minutes were reviewed and approved.

 

III. NEW BUSINESS

There was no new business scheduled.

 

IV. PUBLIC HEARINGS

Ilani, Peter - Case #751 - Area Variance Application to reduce lot area from 5.0 acres

to 1.72 acres and to reduce lot width from 400 feet to 250 feet for property located at 48 River Road, Rhinebeck, New York. The Public Hearing opened at 7:33 p.m. Everett White, of Welch Surveying, the authorized representative, was present and reviewed the application with the Board and public. Ann Wohlfahrt, and Steve and Marion Palmatier, owner and family of 18

River Road were present. Mr. White stated the lot is located on River Road and Route 308

and has not been subdivided since he purchased the property. Mr. White stated a 1.72 lot

would not change the area, showing on the map the neighboring properties being the same

size or smaller. Mr. White also stated the Gardens are to the east. David asked if Central Hudson had an easement. Mr. White stated they do not have an easement and advised the corporation owns a 100 foot strip of land to the east, of approximately 27 acres. Marion Palmatier stated she feels the area is too congested and busy. David stated River Road is classed as a scenic byway and asked if Mr. Ilani could extend out towards River Road. Mr. White answered that extension would only give an additional three or four tenths of an acre.

Ms. Palmatier asked if the River Road Committee was notified of this application. David explained the Public Hearing Notice was published in the Daily Freeman and neighboring property owners were notified. Jeff suggested keeping the Public Hearing open to give the

River Road Committee a chance to make any comments or suggestions. The Board was in agreement. Jeff advised Mrs. Palmatier she would have to notify them. The Public Hearing

was recessed until September 17, 2008.

 

Clarke, William - Case #752 - Area Variance Application to reduce lot area from 3

acres to 2.9 acres for property located at 290 Salisbury Turnpike, Rhinebeck, New York. The

Public Hearing opened at 7:45 p.m. Applicant's authorized representative, Katherine Dewkette,

was present and reviewed the application with the Board. She showed the surrounding properties on the map and noted Mr. Clarke's property is cornered by Round Lake Road and Salisbury Turnpike. Mrs. Dewkette stated Mr. Clarke wishes to subdivide to two parcels. One parcel being 2.924 acres, and the other being 3.0 acres. Pierce stated the map shows lots of .36 and less. Mrs. Dewkette stated Mr. Clarke is willing to work with the recommendations of the Board and is open for change. She added there is no municipal water or sewer and the new lot would meet all other setback requirements. The Public Hearing was closed at 7:50 p.m.

 

Schiffman, David - Case #750 - Area Variance Application to increase floor area space for accessory structure from 1,500 feet to 2,326 feet and for increase of height for accessory structure from 20 feet to 26 feet 2 inches for property located at 163 Old Post Road, Rhinebeck, New York. The Public Hearing opened at 7:55 p.m. Dr. Schiffman, his builder, Bob Mahew,

and architect, Ray Nelson, were present. Dr. Schiffman asked to the Board to please consider that he has tried his best to obtain all needed permits and approvals so his wife can continue

her writing work in the proposed studio. Pierce asked if there was still a kitchen. Mr. Nelson stated the changes were made as agreed upon with Jack Maasz. Pierce stated the building permit said no kitchen, electric or plumbing and asked what changes had been made. Michael asked if the kitchen had been removed. Mr. Mahew stated the full kitchen had been removed. Mr. Mahew also stated the large tub has been replaced with a smaller free standing soaking tub, and there is now an enclosed lavatory, office, storage area and a kitchenette with a small refrigerator. Pierce noted the application stated the studio could not be seen from the road and upon visiting the property it was clearly visible from the road. Dr. Schiffman asked if he could do anything else to finalize this case. David stated this matter would be on the agenda for further discussion on September 17, 2008, with a possible resolution and added the Board has 60 days to render a determination. The Public Hearing was closed at 8:05 p.m.

 

V. OLD BUSINESS

 

APPLICATION FOR AN AREA VARIANCE

CASE # 747

 

Whereas an application for a two family dwelling area variance, Case # 747, has been filed on July 8, 2008, in compliance with the Town Law by Susan Maher who resides at 56 Old Post Road.

Whereas a public hearing on this application was held on August 6, 2008, where all interested parties were heard. A previous application for the same request, case number 738, was withdrawn and this begins as a new application with a new public hearing.

Whereas the record of the Hearings have 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 this request for a two family dwelling based on the following findings:

 

FINDINGS

 

1. The applicant's property is located at 56 Old Post Road in the R1A zone and is assigned Tax Map #6170-01-407827.

 

2. The applicant wishes to convert her single family dwelling to a two family dwelling. Two family dwellings are permitted in the R1A district if the lot is one or more acres in size. Her lot is only .614 acre.

 

3. The parcel had been granted a one bedroom B & B variance in 1994, which is currently in effect. In that same action in 1994, a request for an accessory apartment was denied. On the tax rolls this parcel has been classed for a long time as a two family dwelling.

 

4. Ms. Maher's dwelling will be on the upper floor with entrance and parking on the north side of the house. The rental dwelling will be on the basement level and accessed from the south end with adjacent parking.

 

5. She feels that having a permanent tenant is preferable for her as well as for the neighborhood versus having transient B&B guests.

 

6. It was clarified concerning previous claims of her responsibility for raucous late night behavior. Those incidents were actually caused by neighbors.

 

7. She further identified several other dwellings in the neighborhood that housed other tenants as well as pointing out a manufactured home park nearby as proof that her two family dwelling will not change the character of the neighborhood.

 

8. Her neighbor to the north, Mr. Malboeuf, objected to this request. He owns three parcels which surround the subject parcel on the north and east and feels that a two family dwelling would certainly decrease his property values and would change the character of the neighborhood. Three other neighbors spoke in favor of her request, while one other neighbor seemed neutral. Two other neighbors sent letters in support.

 

9. The Board, after due deliberation, feels a two family dwelling would not change the character of the neighborhood and that the provision of an affordable dwelling will benefit the community. The proposed use is the same or less intensive than the Bed and Breakfast classification.

10. On balance the ZBA‘s approval is a balanced determination in accordance with Section XI B (3).

 

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

 

Motioned by: David Baldauf

Seconded by: Scott Bergin VOTE:

Jeff Irish - abstained

Scott Bergin - yes

Pierce Smith - yes

David Baldauf - yes

Michael West - yes

 

Dated: August 20, 2008

ZBA Secretary: Jadeen Murray

 

 

 

 

RESOLUTION GRANTING AN AREA VARIANCE

WALTER H. EISSERER

CASE # 749

 

 

WHEREAS, an application for an area variance, Case # 749, was filed on 3 July 2008 in compliance with Town Law by Walter H. Eisserer (applicant), who resides at 71 Stone Church Road in the Town of Rhinebeck;

 

WHEREAS, the public hearing on this application has been held on 6 August 2008 at the Town Hall;

 

WHEREAS, the members of the Zoning Board of Appeals witnessed the public hearing and have familiarized themselves with the property;

 

NOW, THEREFORE BE IT RESOLVED by the Board that for the following reasons the Board GRANTS approval for an area variance to permit erection of a shed no closer than 45 feet from the front lot line as detailed in the application.

 

1. The property is located in an R3A zone in the Town of Rhinebeck and is known as tax parcel # 6271-00-296447.

 

2. The Town of Rhinebeck Zoning Law Section IV (A) requires a minimum setback of 75 feet from the front property lines for a structure in the R3A zone.

 

3. The applicant states that the proposed shed will be no larger in footprint and height than a tent that had been in the same location for a number of years.

 

4. The Board notes that the neighboring properties are wooded, as is the area near the shed, and the shed would not be a detriment to the neighborhood or nearby properties.

 

5. There was no opposition to the application at the public hearing from any neighbors or the public. One neighbor appeared at the public hearing and spoke in support of the application.

 

6. The application is acceptable to the Zoning Board of Appeals.

 

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

 

8. The Zoning Board of Appeals, after due deliberation, grants the area variance from Section IV permitting the shed to be erected no closer than 45 feet from the front property line, pursuant to its authority under Section XI (B)(3), under the conditions that a building permit be applied for and construction commence within one year of today's date.

 

Motion by: Jeff Irish VOTE:

 

Seconded by: David Baldauf David Baldauf - yes

Scott Bergin - yes

Date Approved: 20 August 2008 Jeff Irish - yes

Pierce Smith - yes

Zoning Secretary: Jadeen Murray Michael West - yes

 

 

 

 

 

 

 

RESOLUTION FOR AREA VARIANCES -Rhinebeck Mews, LLC

CASE #737

 

WHEREAS, an application for three area variances, Case # 737, was filed on April 29, 2008 by Rhinebeck Mews, LLC (" Applicant") in compliance with the Town Law;

 

WHEREAS, a public hearing on this application for variances was advertised and held by the Town of Rhinebeck Zoning Board of Appeals on July 16, 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 two area variances to permit: 1. Eight (8) foot high fences around outdoor display areas with certain conditions noted below; and, 2. Building façade mounted signage of 125 square feet. For the reasons below the Board DENIES approval for a new, second monument sign.

 

1. The property is located in the HBP district in the Town of Rhinebeck and is known as tax parcel # 6170-00-799982-0000 with an address of 6734 Route 9. This property and the adjacent parcel containing the current Stop and Shop supermarket are considered by the ZBA to comprise a single shopping center ("the shopping center").

 

2. The Applicant wishes to purchase and renovate the former Grand Union building for use by four tenants. The largest space will be occupied by Tractor Supply which will occupy about 22,600 square feet of the building with about 16,000 square feet of additional outdoor display space which they would like to enclose with an 8 foot high chain link fence. Three smaller tenant spaces are planned for the remaining indoor area.

 

Fencing

 

3. Section 5(D) (1) of the Town law permits fences only to be 6 feet in height and thus Applicant seeks a variance for the 8 foot fence. The fences will surround two separate display areas (see Applicants Figure # 2). Area "A" will be about 6,900 square feet and will be adjacent to the north side of the building with about 50 feet of fence parallel to Route 9. Area "B" will be located to the northeast of the building and will be about 9,100 square feet with about 60 feet of fence parallel to Route 9. Applicant states that the fencing must be high for security purposes and pointed out it would be at least 400 feet back from Route 9.

 

4. At the public hearing, there was concern expressed about the appearance of the fence from Route 9 and from the parking areas in front of the building.

 

 

 

5. The ZBA notes that this business district has other businesses with outdoor displays, outdoor storage, and fencing of various types and sizes. Further, the ZBA accepts the argument that security is important for the protection of the stored merchandise and for the public.

 

6. On balance, the ZBA believes the requested fence is consistent with and will not adversely impact the character of the neighborhood.

 

7. The ZBA GRANTS approval for eight (8) foot high fences around the two outdoor display areas with the following conditions: 1. The portions of fence which are parallel to Route 9 shall be constructed of a material selected by the Town Planning Board to minimize the visual appearance of the outdoor displays: and, 2. Applicant shall plant evergreen shrubs and/or trees along the fencing parallel to Route 9 so as to hide year-round the outdoor display areas and the fencing from Route 9.

 

Façade Signage

 

8. Applicant wishes to have 125 square feet of signage for all tenants combined on the façade of the building as detailed in their application to the ZBA. As the Town law permits only 60 square feet of signage, the applicant seeks a variance.

 

9. The façade signage will be no larger than that on the existing Stop and Shop supermarket. It will also be on the front of a building about 400 feet back from

Route 9.

 

10. There were no objections to this requested variance at the public hearing.

 

11. The ZBA believes the proposed wall mounted signage for the front of the building will be consistent with other signage in the area and will not be detrimental to the other properties in the area.

 

12. The ZBA GRANTS a variance for 125 square feet of wall mounted signage for all tenants combined on the façade of the building as detailed in Applicant's application to the ZBA.

 

Roadside Monument Signage

 

13. Applicant wishes to have a new, separate monument sign located on Route 9 just north of the existing Stop and Shop sign at the entrance to the shopping center. The new sign would be the same size and appearance as the existing sign which has 24 square feet of identification text. The ZBA notes that the existing sign is much larger when the entire structure including the decorative area surrounding the text and the supporting brick base are added.

 

14. The Town law permits a monument sign of 24 square feet for a shopping center with 4 or fewer tenants and 48 square feet for a center with more than 4 tenants.

 

15. When the existing sign was approved by the ZBA for Stop and Shop in Case # 571 on April 17, 2002, the Board stated that the "roadside identity sign will serve both buildings." In addition, the ZBA notes that at this time there is only one active tenant in the shopping center (Stop and Shop) and only one identified future tenant (Tractor Supply).

 

16. After due deliberation, the ZBA DENIES Applicant's request for a new, second monument sign.

 

General Mattters

18. Dutchess County states this is a matter of local concern.

 

19. Unless implementation is commenced within one year from the date of issuance of this opinion, the variances granted herein shall become null and void without further action of the ZBA.

 

20. The actions and resolutions hereby taken by the ZBA do not relieve Applicant of the obligation to obtain additional approvals as required under the law.

 

Motioned by: Pierce Smith

Seconded by: Jeff Irish VOTE:

Jeff Irish - yes

Scott Bergin - yes

Pierce Smith - yes

David Baldauf - yes

Michael West - yes

 

Dated: August 20, 2008

ZBA Secretary: Jadeen Murray

 

VI. ADJOURNMENT

The meeting was adjourned at 8:35 p.m.

 

 

Respectfully submitted,

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Jadeen Murray

ZBA Secretary