Local planning and zoning actions

TOWN OF RHINEBECK ZONING BOARD OF APPEALS

Route 9G area variance hearing set
John Martin has requested an area variance to increase the built square footage of his property at 2735-2737 Route 9G to 4,000 sq. ft. from 1,500 sq. ft. for the construction of a storage building. The new building will replace two existing temporary storage units and will be used to house tractors and cars. The ZBA at its July 2 meeting set a public hearing for July 16 and requested a better illustration of the proposed structure.

Duffy and Monahan hearings postponed
Continuations of two public hearings originally set for July 2 were postponed at the request of the applicants. Robert C. Duffy is seeking a variance to build a structure in front of the main building on his property at 195 River Road/31 Carmel Drive. Previous public hearings on the property’s development at the ZBA and the planning board, proved contentious, with neighbors and local agencies expressing concern about its impact. The zoning board will continue its public hearing July 16. A separate public hearing on Duffy’s application before the planning board is set for July 14. Meanwhile, Robert Monahan, Jr. of Integrity Land Services is seeking permission to increase the built square footage on his property at 6052 Route 9. At a public hearing on June 4, neighbors expressed a number of concerns about the project, and the board opted to continue the hearing pending more detailed specifications from Monahan. The hearing is now scheduled for July 16.

No public objections to Mill Road setback variance
A July 2 public hearing on a setback variance requested by Martin and Kathryn Beiser of 24 Mill Road brought no objections from neighbors. The Beisers are seeking a 73 ft. setback to accommodate an addition on their home for a family room, mud room, and side entry. The lot, which is less than one acre, is in a 10-acre zone that requires a 100 ft. setback. The ZBA has 60 days to decide on the variance.

VILLAGE OF RHINEBECK PLANNING BOARD

Plans for new barn in historic district scaled back
Michael Bird, of 62 Livingston St., informed the planning board July 1 of changes to his proposal for a new barn in the historic district, which will replace an existing structure set for demolition. In response to pushback from both the planning board and ZBA, Bird said he had reduced the size of the two-story, 3,000 sq. ft. structure by one third and increased the setback to a minimum of 4 ft. on the rear and side of the property, instead of the zero setback originally propopsed. Bird also reported that a property line dispute with neighbors Dennis and Valerie Bakoledis had been settled amicably. Because the revised setback proposal is greater than the planning board’s initial recommendation to the ZBA, Bird was informed that official review by the planning board is not necessary before the ZBA reconsiders the matter.

Market St. special use permit hearing set
On July 1, the planning board set an Aug. 5 public hearing on a special use permit for Gary DiMauro Real Estate, which plans to open an office at 41 East Market Street, Suite 6, the former location of Darryl’s clothing store. The village zoning code requires a special use permit for real-estate offices.

TOWN OF RED HOOK PLANNING BOARD

Old Farm Rd. residential development resurfaces
At the Town of Red Hook planning board meeting on July 7, Richard Rang of Kirchhoff Properties introduced a revised site plan for a proposed 102-unit subdivision in the field northeast of Hoffman’s Barn Sale store on Old Farm Road. Architect Michael Watkins then described the update as a mix of cottage homes and duplex units with public green areas at the north and south ends of the development.

The new plan is similar to the 96-unit plan that was proposed in Nov. 2012, but it now reflects the new Traditional Neighborhood zoning, adopted in 2011. It mixes town houses and single-family homes on the same street, and has two-way streets with intermittent parking on both sides.

The board questioned the amount of green space, and Watkins said the new plan has 7.6% as opposed to the original 6.9%. The board asked if there would be enough low-priced homes to attract young people starting out and seniors and wondered why there were so few 1,200 sq. ft. cottage-type homes. Watkins explained that 1,400-1,500 sq. ft. homes do better on the market and by using certain design techniques, these larger homes can be more affordable than the smaller ones. Rang asked the board if they could suggest clarifications to the zoning code since some of the descriptions could be improved. The board told Rang to give the board a list of suggested zoning changes as they continue the planning process.

Single-family house now proposed for S. Broadway-Metzger property
Contractor Mike Brown appeared on behalf of Rosemarie Zengen to continue the pre-application conference on the construction of a 2,400 sq. ft. building with a first-floor apartment for Zengen on a 2.95 acre parcel located at 7314 S. Broadway. Brown discussed changing his original idea of a lodge to a single-family dwelling. But Building Inspector Bob Fennell told the board the property is too big and too far from the current structures on Rt.9 for the expansion — a non-conforming use already applies to those structures, which include an antiques business, several cottages and a primary residence The board concluded that the existing 25 ft. wide driveway, which opens onto Metzger Road, is the real issue because the road frontage isn’t wide enough. They suggested Brown apply to the Zoning Board of Appeals to create a flag lot, which would reduce the required road frontage from 95 feet to 50 feet, allowing some of the current frontage to be added to a wider driveway.

Lasher Rd. daycare permit discussed
Katherine Gagin returned after a 9 month absence to continue discussing her proposed residential daycare center on a .40-acre parcel at 388 Lasher Road. She is applying to care for up to 6 children ages 2 ½ to 6. She came with a rudimentary site plan and said the state has told her she must have enough fencing for a play yard to accommodate the six children according to state standards and so she will be adding 1,600 ft. of white wood fencing no more than 3.5 ft. high. The board was concerned with parking, because the spaces are in the middle of pedestrian access and board members thought cars could back up and hit the children. Gagin agreed to move the parking spaces and said she didn’t want a sign and the outdoor lights for the site will be 10 to 15 ft. high. The board requested a revised site plan clarifying the scale, the technical specifications of the lighting and all other planned changes before they can schedule a public hearing.

Red Hook Self-Storage requests confirmation from town on road plan
Marty Willms, owner of Red Hook Self-Storage at 19 Maizeland Rd., wants to put another building at the back of his self-storage lot. In previous discussions with the board the request was put on hold because of plans by the town to build a road there. Since it has been 5 years and nothing has happened with the road, Willms requested further information. The board decided the proposal is a type 2 SEQR action and agreed to send the Town Board a letter asking for clarification on the road plans. A continued discussion was tentatively scheduled for the Aug. 4 meeting.

In other action
Architect Warren Temple Smith presented a proposal to build a new gift shop at the Old Rhinebeck Aerodrome site at 9 Norton Road in Red Hook. It will replace the current shop, use the same building footprint but include bathrooms. Smith said the aerodrome has already received approval from the county’s Department of Health for the septic system and is now trying to raise funds for the building. The board declared itself lead agency for SEQR review and termed the project a Type-2 action. Continued discussion is expected at the board’s Aug. 4 meeting. …Plimpton and Hills Corp. of 7311 South Broadway asked for a 90-day extension of their conditional site plan approval in order to finish the landscaping in Phase 1 of the project. The company has asked town Building Inspector Bob Fennell for a temporary Certificate of Occupancy. The board approved the extension but left the CO up to Fennell with the condition that if a CO is issued, a performance bond should be attached. …The board also granted a request by Red Hook Diner to modify its landscaping plan. Instead of planting four, 12-14 ft. Norway Spruce trees, it wants to plant smaller, 6-8 ft. Norway Spruce trees. …The Catlin minor subdivision at 38 North Drive got another 90-day extension for conditional approval of their plan to create 3 residential building lots of 2.72 acres, 4.19 acres and 4.34 acres from an 11.26-acre lot. …Also getting another 90-day extension was “From the Ground” Brewery at 245 Guski Road, on the Migliorelli property, for their conditional site plan approval. The applicant said the state approved their license to operate but further preparations are necessary.

MILAN ZONING BOARD OF APPEALS

Food cart at Milan Market site proposed
Attorney Warren Replansky, representing Elias Rabadi, initiated a discussion with the Milan Zoning Board of Appeals June 25 about a vending permit for a food cart at the site of the former Milan Market and Pizzeria. The market, at 1615 Route 199, was gutted by fire in January and the building was then demolished. Rabadi had asked zoning enforcement officer Steve Cole for a license for a refreshment stand, which requires no site plan or special permit approval. But his application was rejected because one operating requirement, that the stand be removed from the property at the end of each day, could not be met. Rabadi explained to the ZBA board that the cooking facility is large, includes a full kitchen, would be cumbersome to move around and the power hookup for it may not work if it’s relocated on a regular basis. Replansky told the board that he preferred to apply for an area variance, not a use variance, for the refreshment stand but wanted the board’s input before going ahead. The ZBA did not seem convinced that an area variance was applicable in this case. Replansky then proposed that the refreshment stand perhaps be categorized as an “eating and drinking establishment” because the location is in the hamlet district and that category is available there. For that, Rabadi would need site plan approval and a ZBA ruling that the refreshment stand was an “eating and drinking establishment.” As a next step, Replansky decided to consult with Cole about whether the refreshment stand was considered a vending operation and said that Cole’s answer would determine his approach to the food cart application.

Merrow Down Ln. apartment approved
Selina and Eduard Van Der Geest’s application for a special use permit for an accessory apartment at 90 Merrow Down Lane was approved unanimously by the ZBA June 25. The Van Der Geests plan to construct a home office and bathroom, where their parents might stay on occasion, over an existing garage on their property. A separate septic system, including a 1,000 gallon tank, for the garage was installed and approved in 2012.. The public hearing was opened and closed with no comments from the public, and the ZBA said the application met all zoning requirements.

Knob Hill Rd. deer fence approved
William Reynold’s application for an area variance for a deer fence on his property at 225 Knob Hill Road got ZBA approval June 25. The fence using black, livestock fencing, will be 8 ft. tall with 2-inch metal posts 12 to 15 ft. apart. The variance allows Reynolds to build the fence within 1 foot of his property line—18 inches, in some places. The ZBA determined that the variance was substantial, given that town zoning law considers fences “structures,” which must be 85 ft. from the property line. In this case,, the ZBA determined that the fence was not likely to be bothersome, since it is on a dead-end road with little traffic. There was no public comments at the hearing.

Fitzsimmons Rd. horse lot hearing set
Elizabeth Throckmorton of 522 Fitzsimmons Road applied for an area variance for a lot area for two horses on her 3-acre property. Throckmorton intends to adopt two horses and add a pre-made 10 by 24 square foot barn, with two stalls and a small tack room. Throckmorton’s existing barn has been converted into a garage. Fences will be built to contain the horses, and the ZBA determined that they were within the required setbacks. There The ZBA agreed that acreage is the only outstanding issue with the application, because 10 acres are required for horses. The ZBA set a public hearing for July 23, and requested pictures of the barn in advance.

Fowler Ln. pole barn hearing set
Byron and Sharon Fowler applied for a variance for the setbacks for a proposed pole barn on their property at 57 Fowler Lane. The Fowlers want to build an equipment shed, but their septic system and DEC wetlands in front of their residence prevent construction there. So they are seeking to build the shed on an adjacent parcel of land that they also own, and are requesting a side setback variance from the required 50 ft. to 25 ft. and a front setback variance from the required 85 ft. to 25 ft.. The Fowlers provided two separate maps, one of the parcel containing their current residence, and one of the adjacent parcel where the proposed shed will be located. The ZBA requested a map showing both structures on it, and set a public hearing on the application for July 23.

Verizon tower hearing again postponed
Verizon Wireless’ height variance application for its proposed cell tower in Milan was adjourned until the July 23 ZBA meeting at Verizon’s request…..Mary Hunt’s application for area variances and a special use permit to construct a two-family dwelling on her property at 162 Becker Hill Road was also adjourned until July 23, at her request.

MILAN PLANNING BOARD

B&B proposed on Milan Hollow Rd.
Alan Kulick appeared before the planning board July 9 to discuss the possibility of turning his house at 269 Milan Hollow Road into a bed-and-breakfast. The 5,000 sq. ft. house now has only two bedrooms—master and guest—but lots of public space for entertaining, including two parlors and a library. Kulick would like to convert a basement office into a guest bedroom and add a bathroom. The board said that he only would need site plan approval.

Kulick also asked whether he could use his two-story, 5,000 sq. ft. barn to eventually expand the business to the five additional bedrooms permitted in Milan zoning code. Milan code requires that accessory dwellings must be single structure and owner-occupied and the board confirmed that the law would need to change to allow Kulick to turn the barn into part of a B&B. The board suggested Kulick get in touch with Dutchess County Planning, the Chamber of Commerce, and other local B&Bs for advice.

Milan Hollow Rd. subdivision discussed
of 564 Milan Hollow Road discussed a proposed subdivision of her 21.59 acre property. The property is a wetland area in the land conservation zoning district and contains a pre-zoning house, in addition to the foundations and remains of several outbuildings that used to be part of a working farm. wants to divide the property into two lots of roughly 9 and 12 acres, sell the parcel containing the existing house, and reconstruct the old farm buildings on the other. The board said a property can’t be subdivided if the subdivision creates a lot that cannot be used, and building is not permitted in the land conservation district. asked whether restoration is permitted, given that her intent is to restore buildings rather than to construct new ones. The board said they would research the issue, recommended that she speak to Zoning Enforcement Officer Steve Cole, and invited her to return Aug. 6 for continued discussion.

Hearing set for 2 lot line adjustments
Surveyor Wesley Chase, representing Bruce Howe of 162 Sawmill Road, appeared before the board to apply for a lot line adjustment with neighbor Craig Leavitt. A two-year-old survey dating back to Howe’s purchase of the property revealed that the property line separating his parcel from Leavitt’s was not along an existing stone wall, as was previously assumed, but is located such that Howe’s well is on Leavitt’s property. Howe would like to purchase .14 acres of Leavitt’s property to remedy the situation. The board agreed that the application was straightforward before declaring itself lead agency and setting a public hearing for Aug. 6.

Chase also represented George Steckler on his lot line adjustment application for the Steckler estate on Academy Hill Road. Steckler’s mother died recently, and he would like to transfer 26.20 acres of the estate to neighbor Jason Aiello of 941 Academy Hill Road. Aiello has purchased parcels of 3.5 and 5.5 acres of land from Steckler in the past. The board declared itself lead agency and set a public hearing on the application for Aug. 6.

Brooklyn Heights Rd subdivision gets extension
Brian Trudell’s two-lot subdivision at 123-125 Brooklyn Heights Road received a unanimously approved 90-day extension to allow time to wrap up work on the site.

CLINTON PLANNING BOARD

Inherited Clinton Hollow Rd. subdivision at issue
The Clinton planning board discussed a proposed 3-lot subdivision at 278 Clinton Hollow Road at its July 1 meeting. The property was occupied by Catherine Smith from age three until she died in March 2014. Her three daughters — Lynda Femenella and Martha Mashburn, who were both present for the meeting, and Sharon Corbis, who was not — have inherited the property and want to follow through with their mother’s wishes regarding the 13.267-acre parcel. The property contains a 1,200 square foot cottage, a 1,750 square foot barn constructed as a residence but currently unoccupied, and an equipment shed. One son-in-law lives in the cottage, and Smith intended for him to inherit the parcel of land on which the cottage is located. A second parcel of roughly 5 acres is supposed to go to Smith’s grandson, David Femenella, while the final 5-acre parcel would be sold by Smith’s daughters.

Femenella and Mashburn met with zoning enforcement officer Bob Fennell and building inspector Emerson Burger, who outlined a long list of 30-year-old zoning violations on the property, including, among others, setback, lot width, and accessory dwelling issues. The daughters requested the July 1 meeting with the planning board in order to try to determine their options moving forward, in particular how to resolve the zoning violations in order to subdivide the property into three parcels. The planning board explained that the zoning issues would need to be cleared up before a subdivision could receive final approval, and also that the property is located in a 5-acre zoning area, and since three 5-acre lots cannot be created from a 13.267-acre property, one lot would remain substandard and therefore require an area variance from the town zoning board of appeals.

The planning board recommended that Femenella and Mashburn clarify the three proposed lots graphically on the map they provided, including labels and showing the acreage of each lot. Second, they suggested that the daughters meet again with Burger and compile a list of all of the variances required to clear the property of violations, and then apply to the ZBA for those variances before pursuing subdivision approval.

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