Local planning and zoning actions


Anderson Center Tower additions approved
Thomas Puchner, an attorney for AT&T, was present at the June 4 planning board public hearing on the Anderson Center Telecommunications Tower at 4885 Route 9. While the tower is owned by the Anderson Center, it is used by AT&T, which is requesting to add 3 antennae, 6 remote radio units, 1 surge arrester, 2 cabinets, and approval of the existing tower. Board member Robert Groeninger voiced his previous concerns about how the facility’s generator is not on the site plan; Puchner explained it is a diesel generator which is for emergency use only and is tested on site once a month. By Groeninger’s request, two conditions were added to the resolution, one that the information Puchner provided be added to the site plan, and that a copy of the plan be provided to the Staatsburg Fire District. There was no public comment, and the hearing was closed. The board approved the site plan unanimously.

Jeffrey Groves Estates given 1-year extension
Louis Kaufman, an attorney representing the owners of Jeffrey Groves Estates, at 19 & 31 North Cross Road, was present for the public hearing June 4. The owners are looking for a 1-year extension on a previously approved site plan. Board Chair Michael Dupree clarified that the application would only affect the 10 townhouses proposed on the property, not the nine single-family homes. The public hearing was closed with no public comments and the extension was approved unanimously by the board.

Dollar General site plan hearing set
Todd Hamula, of Zaremba Group, LLC, represented Dollar General June 4 to provide new details on the application for site plan approval at the 1049 Violet Avenue property. Hamula noted that they would be removing two parking spaces and incorporating stone into the façade of the new building. Board member Anne Dexter voiced concern that the south-facing side looked too barren, while planning board engineering consultant Pete Setaro commented that he is still working with the applicant on the stormwater issues at the property. Despite the stormwater delays, Hamula requested that a public hearing be set for the next meeting so he could hear any questions the public may have on the project. The board agreed with Hamula and a public hearing was set for June 18.

Molt’s scrapyard hearing delayed
Board chair Michael Dupree told the board June 4 that in order for the Molt’s scrapyard lot line revision application to be approved, a 50 ft. vegetative buffer must be on the inside of the property line at 92 Honeywell Ln. However, Dupree said that he would have to discuss the options the Molts have before a public hearing could be set. As the applicants were not present at the meeting, the public hearing was not scheduled, but the application was declared an unlisted action under SEQR.

Methodist Church sign not recommended
The board received a request from the Zoning Board of Appeals for a letter of recommendation on a variance the ZBA is considering for the Hyde Park United Methodist Church’s newly proposed signage. The sign would remain the same size but a symbol on the sign would be increased from 10 in. to 24 in. After discussion, the planning board was strongly opposed to the sign, with various members claiming that it is too large and that it does not makes sense to have an internally lit sign if the church does not intend to light it. As of next year, internally lit signs will not be allowed in the zoning code. It was agreed that Dupree would write a letter that does not give the board’s support for the variance.


Montgomery St. subdivision approved
Following a June 3 public hearing, Paul Matthies received village planning board approval to subdivide his property at 139 Montgomery St., which straddles the town-village line. The subdivision creates a 13.66-acre lot within the town and a .69-acre lot in the village. The village highway department approved a driveway curb cut for the village lot with no restrictions, but the planning board recommended the driveway be as far north as possible, noting sight restrictions.

Rhinebeck Pilates gets new permit
Rhinebeck Pilates, currently at 23 E. Market St., has been granted a special use permit for its new location at 6400 Montgomery St., above the Rhinebeck Department Store. After a June 3 public hearing with no comments, the planning board found that Pilates instruction is a similar use to the karate studio previously at that location, which also had a special permit. Rhinebeck Pilates will open in the new location July 1.

Variance sought for historic barn replacement
Michael and Mary Bird requested a recommendation from the planning board June 3 for zero-ft. side and rear setback variances on a new barn at 62 Livingston St, in the historic district. Standard setbacks are 10 ft. for the side property line and 25 ft. for the rear. An existing structure, set for demolition, is over the property line. The planning board found that a retaining wall on the side property line would make a setback difficult to maintain, but that a rear setback is necessary for barn maintenance. The board made a positive recommendation for a zero-ft. side setback and a 3-ft. rear setback. The zoning board of appeals will consider the matter on June 19.

Accessory apartment approved for Knollwood Rd.
Susan Edwards has requested a permit for an accessory apartment over the garage adjoining her single-family home at 32 Knollwood Rd. Edwards told the planning board the apartment would be used as a year-round caretaker residence, and the primary residence would not be rented out. The planning board declared itself the lead agency on the matter and set a public hearing for June 17.

Renovations set for historic district home
Peter Amendola and Jerry Pagliari sought planning board approval June 3 for exterior renovations on their home in the historic district, at 27 Mulberry St. The board expressed concern over a request to replace the house’s front door with a window. Amendola noted that the primary entrance is at the side, and the front door has been out of use since at least the 1920s. After reviewing precedent, the board accepted the change on the grounds that it is in keeping with the style of the house, and that an existing porch will maintain a front appearance. Additional minor changes to the sides and rear of the house were also approved.

No room for fish vendor in restaurant parking lot
The owners of Smoky Rock BBQ, at 6367 Mill St., sought clarification from the planning board June 3 on an existing sign and site plan. The owners requested permission to allow Pura Vida Fisheries, a regular vendor at the Sunday farmer’s market, to sell fresh fish from the parking lot on weeknights. The board found that there is insufficient capacity in the parking lot. Also, the board confirmed that a lighted sign in a stone planter at the corner of the property should be removed.

Rhinebeck Citgo propane cage on hold
A proposal to add a cage for propane tank exchange at the Citgo gas station at 6365 Mill St. was held up June 3 when a representative for Paraco Gas failed to produce proper authorization to represent the property’s owner. The planning board noted that the plan would be acceptable if excess signage were removed. It requested that the owner come before the board for approval, and also to address changes to a canopy on the property that was not built according to the approved site plan.

New benches, signs approved for gelato shop
Mauro Sessarego, owner of Artigiani Del Gelato at 41 E. Market St., was before the planning board June 3 over unauthorized sign changes. The board noted that while the signage had been out of compliance due to excessive window decals and a too-low hanging sign, recent changes had rectified the problems. The board approved the current signage and also authorized the placement of two metal benches outside the storefront.


River Road/Carmel Drive hearing continued
Robert Duffy’s attorney, Jennifer VanTuyle, and project architect Christopher Courtney attended both the June 2 Planning Board and June 4 Zoning Board of Appeals meetings in order to present an amended application for special use permits and a site plan concerning Duffy’s 32.4-acre estate, which is comprised of two parcels at 195 River Road and 31 Carmel Drive. Duffy’s team has tried to placate neighbors and other concerned agencies with the alterations to their application, which include formally proposing a lot consolidation so that the two parcels would be considered as one large one; reducing the size of several proposed new outbuildings; reducing the number of accessory dwellings to one; and restoring the stone wall that runs along the River Road property line. One of the barns on the property, originally intended to be over 2,000 sq. ft. and two stories, has been reduced to 942 sq. ft. and one level. The public hearings will continue at the June 25 planning board meeting and the July 2 zoning board meeting.

Equestrian arena application accepted
Michael DeCola was present at the June 2 planning board meeting representing Goomer Hollow, LLC. The company proposes to renovate and reuse two existing buildings and create a stall barn and riding arena at its property at 243 Morton Road and Ellerslie Drive, to be used as a commercial equestrian operation, all of which will require site plan approval. The application was accepted unanimously by the board. The public hearing will be held June 25.

Wurtemburg Rd, subdivision hearing set
A public hearing was set for Eric Wallach’s application for a special use permit and subdivision at 293 Wurtemburg Road at the June 2 planning board meeting. The application proposes the creation of two single-family residential parcels sharing a common driveway. The public hearing will be June 25.


Hearing on Route 9 addition continued
Robert Monahan, Jr., of Integrity Land Services, Inc., attended the June 4 ZBA meeting for a public hearing on his area variance application, which seeks a square footage increase for his home at 6052 Route 9. Monahan’s application ran into some resistance at the hearing from his neighbors, two of whom voiced their concerns about the size and appearance of the proposed structure, the proximity to their yards, and sewage issues. In light of the absence of more concrete information on the proposal, the board opted to continue the public hearing until more specs are submitted by Monahan.

Marquet Drive setbacks hearing closed
Builder Patrick Kelly was present at the June 4 ZBA meeting, at which the public hearing for his area variance application for 2 Marquet Drive, owned by Jeanne and James Crossett, was closed with no public comments. Kelly’s application, which involves a corner lot with frontage on two roads, proposes one front yard setback reduction from 100 ft. to 62 ft. and another front yard setback reduction of 100 ft. to 53 ft. in order to build a new home in the place of a house that has been removed at the site. The board felt this was a straightforward case and will most likely make their final decision regarding the application at the next ZBA meeting July 2.

Old Post Road variance hearing closed
The public hearing on David Freeman’s area variance application was closed at the June 4 ZBA meeting with no public comments. Freeman has applied for an area variance seeking a front yard setback reduction from 150 ft. to 128 ft. and a side yard setback reduction from 100 ft. to 9 ft. The board will be conducting site visits before making their final decision at a future meeting.


Stop-work order on Battenfeld Rd. fence challenged
At its May 28 meeting, the Milan ZBA heard an application from Thomas McArthur, representing Margaret Innerhofer of 116 Battenfeld Road. Innerhofer was in the process of constructing a post-and-rail fence along the road in front of her property when Rich Peterson, her builder, received a stop-work order due to a zoning violation. Upon examining maps of the property, the ZBA determined that the unfinished fence is located in the right-of-way, not on the owner’s property, and that the board therefore has no authority to address the application. The board plans to consult the town attorney, the town board, and the highway department on this matter to determine who does have authority.

Knob Hill Rd. deer fence hearing set
William Reynolds of 225 Knob Hill Road presented an application May 28 to build a deer fence around, and entrance gate to, the main area of his 13.06 acre property. The proposed fence will be 8 ft. tall, using black livestock fencing and 2 in. metal posts 12-15 ft. apart. The ZBA inquired about the appearance of the proposed driveway gate, and Reynolds said those details are still being decided. The board set a public hearing for June 25, conditional on receiving a description of the gate and the distance of the fence from the Reynolds’ property line.

Merrow Ln. accessory apartment hearing set
Selina and Eduard Van Der Geest of 90 Merrow Lane applied for a special use permit May 28 to establish an accessory apartment over their existing garage. They would like to create a home office, with a bathroom, where in-laws would stay on occasion, A separate septic system from the main one, including a 1,000-gallon tank, has already been installed and approved by the county Department of Health. The ZBA scheduled a public hearing for its June 25 meeting.

Becker Hill Rd. 2-family house hearing set
The ZBA also heard an application May 28 by Mary Hunt of 162 Becker Hill Road to obtain a special use permit to build a two-family dwelling on her property. Hunt intends to take down her current cottage, in addition to three sheds, all of which are in disrepair. Then, she would rebuild one of the sheds, as well as a two-story, two-family house. The existing septic will be sufficient for the new home, but the well will need to be replaced. Hunt’s garage and patio will remain the same. Hunt also plans to build a 12×20 sq. ft. deck on the second floor of the back side of the house and a minimal front step at the front entrance. The ZBA told Hunt that the deck and porch structures need to be added to the site map and set a public hearing for June 25.


Field Rd. lot line adjustment granted
At the Milan Planning Board’s June 4 meeting, a public hearing was held for Tom Foote’s proposed lot line adjustment. Foote owns two adjacent properties, a 19.57 acre parcel at 567 Field Road, and 6.78 acre parcel at 563 Field Road. Each parcel includes a single-family residence, a well, and a septic system. Foote intends to shift the lot line between these two parcels about 230 feet in order to create a better buffer between the two houses, changing the respective acreages to 21.18 and 5.14. The hearing was opened and closed with no comments from the public. The board declared itself lead agency, approved a negative declaration of environmental impact and granted conditional final approval of the lot line adjustment, requiring that Foote correct the grid numbers on the area chart he submitted.

Round Lake Rd. subdivision extensions end
Lauren Munsch was unable to attend the continuation of a public hearing June 4 on a proposed subdivision of her 7.6 acre property at 212 Round Lake Road. Because the public hearing on the change has been open since June 2013, the board determined that Munsch has exhausted the extensions available to her and unanimously voted to inform her that she should withdraw her application and resubmit it when she is ready to move forward.

Academy Hill Rd. subdivision moves forward
Barbie Painter of 480 Academy Hill Road appeared before the board June 4 and thanked them for participating in a site walk of her property in May. Painter owns 48.34 acres and is re-applying to subdivide her property, dividing off about 17 acres to sell, including her current residence, and building a new house to live in on the land that remains. Painter abandoned this project in 2007 because the proposed house would require a $22,000 driveway. Following the site walk, Painter decided that she would like to proceed with the original location of the proposed house after all, in spite of the cost of the driveway.

Painter’s engineer’s representative, Rich Rock, inquired of the board whether a public hearing would be necessary, since a public hearing was already held for this project in 2007, and also whether a waiver would be available if the driveway sight line requirements could not be met. The board replied that another public hearing would have to take place and that, because it is on a county road, the driveway sight lines must be met in order to obtain subdivision approval. Painter plans to return to the board once the driveway sight lines have been established and after her engineer has demonstrated that a septic system can be installed.

Lot line adjustment discussion for Sawmill Rd continues
Robert Riccobono consulted the board on June 4 regarding a proposed lot line adjustment between two parcels of land he owns at 63 Sawmill Road. His lots are .78 and 14.01 acres, and they are located directly across the street from each other. He would like to add .75 acres, including an existing pond and barn, to the .78 acre parcel on which his current residence is located. He also wants to construct a two-bedroom house on what remains of the 14.01 acre parcel. The board told Riccobono that he needs to fill out an application, pay the fee, and have a surveyor survey the property to be annexed and indicate how the driveway will be altered. Also, an engineer will need to show the proposed house location, as well as the locations of the well and septic system for the new house, the board said. Riccobono intends to return to the planning board once these steps have been completed.


Teviot applicants in default on tree-cutting escrow
The Teviot tree-cutting conflicts apparently continue. Planning board Secretary Kathleen Flood noted at the June 2 meeting that she has been trying to contact attorney John Adams, who represents owner Jann Wenner, without success, because the Teviot group has not paid historical landscape engineer Stephen Yarabeck’s $6,795 fee for a preliminary report on remedies for the illegal tree-cutting that took place at the Hudson River estate in 2012. That leaves their escrow account $6,096 in default, she said. The board also noted that they have not yet received an update from Yarabeck, of Hudson and Pacific Designs Landscape Architecture, who was hired to review the progress of renovating the estate site.

Montgomery Place tree-cutting plan discussed
The discussion continued June 2 of a tree-cutting plan submitted by the site director of the Montgomery Place Historic Estate, Raymond Armater. He returned to the planning board with a partial list of 27 trees to be cut, along with their estimated ages and sizes. The listed trees range in age from 48 years to 135 years old and run from 6 to 10 inches in diameter. The cutting is being funded by a $10,000 grant from the Hudson River Foundation and $6,000 from Historic Hudson Valley to open up views in overgrown areas to match the historical aspect of the 1920s. Armater answered board questions about handling the Indiana Bat and Bald Eagles populations on the site. Armater said he met with environmental scientist Erik Kiviat, who said the cutting should only take place from September to November in order to protect those species. The board members set up a site visit for June 14, declared the board lead agency in the required SEQR review and set a public hearing for July 7 at 7:35pm.

Feller-Newmark subdivision review cancelled again
The continued review of the Preserves at Lakes Kill subdivision proposed for Feller-Newmark Road was cancelled for the third time June 2 and has been rescheduled for the June 16 planning board meeting. However, the board received two letters from the developers: one for the current postponement and another asking for a further extension to July 21. Board Chair Christine Kane said the review will still be scheduled for June 16, but the firm deadline for further review of the project is July 21.

Lodging house proposed for South Broadway
Contractor Mike Brown appeared before the board June 2 to discuss an application by Rosemarie Zengen’s R&R Development Company. Zengen wants to build a 2,400 sq. ft., 4-bedroom one-story Cape Cod-style house as a private residence and lodging house on property she owns at 7314 South Broadway.

The board said there were a lot of use questions and safety issues to be resolved before the application can move forward. Commercial zoning law doesn’t allow a ground-floor residence in a commercial space, although residential apartments are permitted upstairs. Zengen has applied for the residential rooms to be on the ground floor, with guest rooms above. Road access is also a problem as the existing, unpaved access road off Metzger Road is only 25 feet wide, which does not meet town code. Zengen does have more than 95 ft. of frontage on Route 9, but the board said she would need that much to access the area from the side road on Metzger. The board set a site visit for June 13 and put the application on the agenda for June 16 for further discussion.

Feller-Newmark lot line adjustment approved
Dean and Linda Kent of 67 Feller-Newmark Road attended a public hearing June 2 on the purchase of 10 acres from the estate of John Feller at 134 Feller-Newmark Road. No members of the public attended, but Kent gave an overview of the plan, which will use the newly acquired 10-acre field behind their 93.9-acre property as a site for growing fruit trees. The board gave subdivision approval on the condition that the applicants file the map and the first refusal waiver from Scenic Hudson, which holds an easement on the property, with the county clerk’s office.


Daycare variance denied
At its meeting June 11, the zoning board of appeals, after discussion and residents’ input, narrowly voted down a variance that would have allowed a proposed daycare center to add more children. The action involved Donald W. Triebel’s application to increase the maximum number of children enrolled on a regular basis at a nursery school or day care center, to be located at 208 Rockefeller Lane at the former site of Half Pint Daycare, to 120. The current variance for the property would allow 60, but Triebel has argued that this refers to the number of children onsite at one time, not enrolled. While more than 90 children may be “enrolled,” some attend the after-school program, some attend a morning program, and some an afternoon program, so the number of children on site fluctuates constantly.

Objections to the application were raised by neighbors Debbie Gillen and Linda Lovallo, suggesting that increased use at the site would have negative effects on neighborhood wells and septic tanks and increase traffic congestion in the area. After closing the public hearing, board member Tim Ross proposed a variance that would allow the applicant, who represents Funshine Nursery School, to have 80 enrollees, claiming that such an increase would not be a substantial increase in the use of the site. The board vote was three in favor and two against, but a variance requires four votes to pass. Two board members were absent. Objections from board members who voted against included concern about traffic increases, and questions about whether the variance would actually increase use on the site or not.

Spring Lake Rd. accessory apartment application withdrawn
Susan Simon and Elizabeth Jones of 38 Spring Lake Rd have withdrawn their application to convert a 500 sq. ft. portion of a barn to be used as an accessory apartment. The project would have required a use variance since the Hamlet Zoning District does not allow accessory apartments.


Consultants hired to review CVS plans
Anthony Morando of Cuddy and Feder, representing CVS, met with the board June 12 on its plans for taking over the old IGA site. The board was unable to declare itself lead agency for SEQR since it is waiting for approval from the other concerned parties. Dutchess County Health Department, the Village of Red Hook and Historic Red Hook have all given consent for the planning board to be lead agency, but there has been no response so far from the state Department of Transportation, the Red Hook Fire Department or the state Department of Environmental Conservation.

The board went into executive session to discuss the pros and cons of hiring outside consultants to review the CVS plans. Morando objected to the idea, saying it’s a re-development of an old site and the time and money the review will cost the applicants may be prohibitive. In the end, the board agreed they should hire someone to review a project with such a significant impact. The board came back to the public and voted to hire C.T. Male engineering to review the traffic study, the utility connections and the storm water plans and Frederick P. Clarke and Associates to review landscaping, layout and exterior architecture, subject to a review of their fee schedule.


Former Madalin Hotel renovations under review
At its June 9 workshop, the planning board heard from general contractor John Molinaro about changes to the outside of the former Madalin Hotel building at the corner of Broadway and North Road in the village. These include: new porch railings, lighting sconces on two of the porch posts and two new, internally lit signs on the roof, as well as one in the window facing Broadway. Specifications for all of these elements were not available for the workshop but will be provided to the board before their June 23 meeting. The board was unable to explain what is acceptable for size and lighting and number of signs because board chair Michael Billeci was absent.

Board member John Hallstein noted that although the building is within an historic district zoning overlay, there was no discussion or enforcement of possible zoning regulations that would pertain to the replacement of the slate roof with an asphalt roof as occurred during recent repair work.

The hotel was purchased in 2013 by local artist Brice Marden and his wife, Helen, and has been closed for a year and a half. The hotel has been renamed Hotel Tivoli, and its restaurant will be called The Corner, according to Molinaro. Renovations, mainly cosmetic, to both businesses are nearing completion, including the 10 guestrooms and the first-floor restaurant, but no opening date has been set.

Facebook Comments