Local planning and zoning actions


Route 308 accessory apartment variances OK’d
The planning board held a public hearing Aug. 18 on the application by Irene Disch, represented by architect Darren Davidowich, to convert a 2,900 sq. ft. existing barn to a two-bedroom accessory dwelling at 262 Route 308. There will be no change in building footprint, but other changes to the site include a small patio, improved driveway area, a new septic system for the new apartment, and moving some existing landscaping closer to the structures for more privacy. The planning board continued the public hearing to Sept. 15 since at the time the board had to wait until the Zoning Board of Appeals decided on the several variances required for the project before acting on the application.

At the ZBA’s Aug. 20 meeting, all four area variances were granted. They are: one for an accessory dwelling in the RC5 zone; one to create an accessory dwelling on 4.1 acres in a 5-acre zone; one granting a front yard setback of 37.1 feet, where 100 ft. is required; and a fourth granting a non-conforming lot width variance of 23 ft., where 500 ft. is required.

Concerns were raised by the planning board and town Conservation Advisory Board because the barn is within the required 100 ft. buffer for a stream on the property. The applicant is waiting for an answer from Ron Evangelista, the zoning enforcement officer, on whether a stream or wetlands permit will be needed in order to build within the buffer. The new septic system application is also being reviewed by the county Department of Health.


New Fairgrounds entrance under review
The Dutchess County Fairgrounds went to the town planning board Aug. 18 to present plans for a new main entrance, which would be moved from the existing location to the northern-most gate on Route 9. A right-turn lane is also proposed at that location, which would be added to the existing Route 9 shoulder, and modifications will be made to the existing main entrance. Alterations to the intersection at the Mulberry Street entrance are also being proposed. The site plan seeks to improve “channelization” within the fairgrounds property, increasing some lane widths and widening the access road that crosses an existing stream. There will be some wetland disturbance but it is still to be determined whether those onsite require either state or Army Corps of Engineers permits. The planning board took no action, but will determine whether the applicant will need to obtain a special use permit in addition to site plan approval.

Rec park expansion project hearing set
The planning board accepted resubmissions of applications for special use permit, site plan and wetland permit for the long-standing Thomas Thompson-Sally Mazzarella Recreation Park project and will continue review of the plans with the Town Board as lead agency. The resubmissions are necessary in light of the expiration of a 6-month preliminary site plan approval, which was granted in December 2013. There are no changes to the plans so the SEQR negative declaration still applies to the project. The re-submitted application will be referred to the county’s Planning Department for review and to the town Conservation Advisory Board for additional consideration. The planning board also invited the village’s planning board to review the application and scheduled a public hearing for its Sept. 15 meeting.

Ackert Hook Rd. 4-lot subdivision hearing continued
A public hearing was held Aug. 18 for a proposed 4-lot subdivision by John McGuire for his 6.215-acre parcel at 42 Ackert Hook Road. Originally, a five-lot subdivision was planned, but with the limitations on how many septic systems could be accommodated, the plan was reduced. The lots will conform to the new Neighborhood Infill Overlay that was created earlier this year and they will be accessed from McGuire Lane. The plan proposes an additional stormwater management plan in addition to what’s already on the property. The county Department of Health and the town highway department are reviewing the plans. The planning board accepted the amended application, reclassified the project to a minor subdivision and continued the public hearing to Sept. 15.

Other Business
The site plan for Robert Duffy’s property at 195 River Road/31 Carmel Drive, which included applications for a subdivision, special use permits and wetlands permit, and which will now allow several accessory buildings to be constructed, was approved unanimously on Aug. 18.

The public hearing for Brennan Kearney’s area variance application for a 900 sq. ft. accessory dwelling in an existing barn at 211 Ackert Hook Road was opened Aug. 20 and then adjourned to the next meeting. The applicant seeks four variances: to construct an accessory apartment in the RC5 Zoning District; to add an accessory dwelling to a 2-acre parcel in a 5-acre residential zone; to build within the front yard setback; and to be allowed a 380 ft. lot width, where 400 ft. is required, since the lot is non-conforming within the zoning district.

The public hearing on Rosemary Bakker’s area variance application at 8 Upper Hook Road was adjourned to Sept. 3. The applicant seeks a front yard setback reduction, from the required 150 ft. to approximately 41 ft., for the extension of the existing front porch and construction of a 30 in. by 42 in. handicapped accessible landscaped walkway.


Feller-Newmark Rd. subdivision talks continue
The board met with engineer Michael Bodendorf and attorney John Wagner for continued review of the plans for Preserves at Lakes Kill, the 11-unit major subdivision on a cul-de-sac off Feller-Newmark Road. The board asked for an update on several issues, including the proposed retaining wall, drainage and private road widths. Bodendorf said they received a request from the town engineer two weeks ago for updated details on the wall and they will update their storm water report to include drainage. The board asked about the look of the wall and how it will be screened. The board wants the wall to look as much like a stone wall as possible.

Brandy Nelson of engineering consultants Crawford & Associates said town specifications call for a guard rail to be installed on all retaining walls. The board said there must be fencing on top of the wall and it must be shown on the plans. They also asked who would maintain drainage on the site and were told by Wagner that the applicants are proposing an easement with the town for the drainage facilities.

Planning Board member Charles Laing said there are still some outstanding issues, such as the width of the private road and the cul-de-sac, and the board wants Crawford & Associates to review the developer’s answers to public comments. Nelson said she just got the new information and needs time to review it. She also asked about tree removal at the site. Wagner mentioned two 12” and 14” oak trees. The board agreed to continue the discussion at the Sept. 15 meeting.

Lasher Rd. daycare hearing set
Katherine Gagin returned to the planning board Aug. 8 with updated plans for her proposed in-home daycare center at 388 Lasher Road in Tivoli. The plans eliminate a sixth parking space and line up a proposed 4-ft. white wooden fence, which would enclose a children’s outdoor play area, with the house. The board completed its environmental assessment, found no impact, approved a negative declaration, and set a public hearing for Sept.15.

Spring Lake Rd. home construction queried
Chelsea Streifeneder of 49 Spring Lake Road came to the board seeking a Certificate of Appropriateness for the construction of a 25’ by 50’ home on her 0.42 acre lot, which is in the hamlet of Upper Red Hook. Streifeneder said she now lives in a cottage on the lot but wants to build the house behind the cottage and then tear the cottage down. The board said that the information, including building materials and house dimensions, must be forwarded to the Hamlet Committee to determine if the house would be in keeping with the hamlet’s character. The board asked about tree removals, and Streifeneder mentioned two trees, one where the house will be built and a large Black Walnut nearby. The board scheduled Streifeneder’s proposal for more discussion at the Sept. 15 meeting.


Metzger Rd. driveway adjustment sought to help a neighbor
Martin Willms, of 31-35 Metzger Rd, requested an area variance to reduce his required road frontage from 95 ft. to 25 ft. because he intends to sell 25 ft. of road frontage on Metzger Rd. to Rosemarie Zengen of 125 South Broadway. Zengen is preparing to develop her property, which fronts both South Broadway and Metzger Road, but does not have enough frontage on Metzger to create a driveway there. Contractor Mike Brown represented Willms at the ZBA meeting Aug. 13. The Zengen and Willms properties are both zoned for commercial use, which requires a 95 ft. driveway, but the frontage area between them is residential so only 22 ft. is needed for Zengen to add a driveway onto Metzger Road. The planning board, which has been reviewing Zengen’s application for developing her property, and the ZBA will work together on the application, and a public hearing on the area variance will be held at the ZBA meeting Sept. 10.

Metzger Rd. rear yard setback requested
Faruque Litan of 39 Metzger Road, met with the ZBA Aug. 13 and requested an area variance for a rear yard setback of 2 ft., where 15 ft. are required, in order to keep a 170 sq. ft. temporary garage on his property. Litan said that if the garage is placed at the required 15 ft. from the property line, it would be hard to access. The ZBA will visit the site and check property lines before a public hearing, which has been scheduled for Sept. 10.

Rokeby Rd. stockade fence sought
John and Constance Holzmann of 238 Rokeby Road applied Aug. 13 for an area variance to construct a 6 ft. stockade fence around their yard on Rokeby Road where the maximum is 4 ft. high. The Holzmans provided maps to show the fence will stop well before the road, so there will be no safety hazards while entering or exiting the property. The fence will be a post and rail style with sections mounted on L brackets so they look finished from either side. The ZBA requested a few clarifying diagrams to be provided before a public hearing, to be held Sept. 10.


Market St. dance studio sign gets conditional approval
Lauren Grady of Vibe Dance Studio appeared before the village planning board Aug. 21 with a sign application for the new location of her business, at 33 West Market St. The sign would hang from a steel bar attached to the front of the building with s-brackets connecting two signs, one for Vibe and one for a related business that will share the space. The board discussed possible modifications to the sign and finally granted conditional approval requiring minimum clearances among other things. The permit was granted by a vote of 4-1, with member Beth Pagano voting no, in part because she felt that the sign as it is designed will be too close to the street.

N. Broadway, Market St. signs get OK
Rebecca and Craig Rothstein, of Little Pickles, a proposed toy and sweet shop and children’s playhouse planned for 7509 N. Broadway, brought an application Aug. 21 for five small signs for the front of the building. The board explained that the maximum allowed for the space was 12 sq. ft. of signage so the applicant agreed to change to one sign. The board also approved a light to shine directly down on the sign . … The River Chronicle/Register-Star office at 7508 N. Broadway received approval for a 22.7 sq. ft. sign, to be made either of ¼ in. PVC or PVC coated by aluminum. The applicant also requested small floodlights, but the board required more detailed specifications, so the applicant must return….Chris Stehling also brought a sign application for a new 22 in. by 48 in. sign for two businesses at 62 E. Market St.: Watertight Plumbing and American Gifts. The sign will be double sided and hang from an existing post, and will be made of aluminum with applied vinyl lettering. The board approved the sign conditioned on a 3 ft. clearance at the bottom.

Other business
Ken Kearney represented the Anderson Commons subdivision project at the planning board to apply for an extension of the preliminary subdivision plat approval for the project, which is located in both the village and the town. The board granted a third one-year extension and Kearney said he hopes to continue discussion of the project next spring. …Engineer Mark Graminski represented Barbara Rabin and Judy Carr in their application for a 4-lot subdivision at 17 Maizeland Rd. The board completed its environmental review and approved a negative declaration of environmental impacts and set a public hearing for Sept. 15.


North Rd. house demolition sought
Rick Hill from Fineline Restoration in Cresco, Pa., went to the Tivoli planning board’s Aug. 11 workshop to ask for a demolition permit for a house at 84 North Road. The owner, Harris Family Assoc. Ltd., would like to tear the building down and start over because the roof is falling in – a tree fell on it eight years ago and it was improperly repaired –the pipes froze several years ago, and the house is beyond repair. According to village code, a public hearing would be required for the permit unless a licensed building inspector deems the structure imminently dangerous. The board plans to visit the site and wait to hear more from the building inspector.

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