Local planning and zoning actions

TOWN OF RHINEBECK ZONING BOARD OF APPEALS

Upper Hook Rd. area variance OK’d
An area variance for a front yard setback of 41 ft., where 150 ft. is the minimum required, was approved by the Zoning Board of Appeals Sept., 3 for Rosemary Bakker of 8 Upper Hook Rd. Bakker intends to extend her existing porch 7 ft. in order to create a sloping walkway for a family member who needs wheelchair access. The walkway will be constructed using bluestone and cedar materials. The board voted unanimously to approve the variance after terming it a Type II action under SEQR and after no neighbors spoke against the change at the Aug. 6 public hearing.

Ackert Hook Rd. accessory dwelling hearing closed
The ZBA closed the public hearing Sept. 3 for ZBA secretary Brennan Kearney’s application for four area variances to construct a 900 sq. ft. apartment within an existing barn at 211 Ackert Hook Road, a 2-acre parcel in a 5-acre zone. The variances would: allow construction of the accessory dwelling unit within the existing barn; allow an accessory dwelling on 2 acres in a 5-acre zone; and bring the non-conforming front yard setback and lot width, which predated current zoning, into compliance. Some nearby neighbors spoke at the Aug. 6 public hearing about a potential traffic issue, particularly with some hedges blocking sight lines and a possible increase in the number of cars. ZBA members who conducted a site visit reported they saw no outstanding issues with the project. Before the board voted to close the public hearing, Kearney said that one nearby homeowner is worried about “loss of habitat.”

Slate Quarry Rd. home extension gets hearing
Sarah Bowen of 219 Slate Quarry Road applied Sept. 3 for two front yard setback variances so that she can build an addition to and existing single-family home and also bring the property into compliance with current zoning. The new addition will add a bedroom and foyer to the front of the house and an existing bedroom will be renovated as a closet, keeping the structure as a two-bedroom home. The ZBA accepted the application and set a public hearing for Sept. 17.

VILLAGE OF RHINEBECK PLANNING BOARD

Hospital request for shorter sidewalk granted
Northern Dutchess Hospital submitted a request to the planning board at its Sept. 2 meeting for review of their site plan and proposed sidewalk on Montgomery St. The sidewalk was slated to follow the road up to the hospital-owned farmhouse just off the main campus, but Kirschoff Properties, builders of the new hospital wing, say extending the sidewalk that far will harm tree roots. After much discussion, the board agreed by a 3-2 vote that the hospital could end the sidewalk after the Women’s View Health Annex building, at 107 Montgomery St., and urged the hospital to make every effort to avoid impacting any nearby trees.

Livingston St. barn site plan approved
The planning board voted unanimously to approve the final site plan for a new 2,000 sq. ft. barn proposed by Michael and Mary Bird at 62 Livingston St. The approval comes after the village Zoning Board of Appeals granted side yard and rear yard setback variances for the project. The two-story barn will replace an old one that is being demolished. The board made several building materials part of its conditions for approval, including hardy plank clapboard siding and shingles for the exterior and reuse of some materials, including six windows, from the original barn. They also requested that the Zoning Enforcement Officer inspect the landscaping and hardscaping plan before issuing a building permit for the work.

HYDE PARK PLANNING BOARD

ALF site plan amendment OK’d
James Rogers, owner of Hyde Park ALF (formerly Hoe Bowl) located at 394 Violet Ave., was present for a public hearing during a special meeting of the Hyde Park Planning Board on Aug. 27 for a vote on a site plan amendment. Rogers previously had a site plan approved and got two 90-day extensions approved for the planned assisted living facility, but due to septic issues, some plan modifications had to be made. Board Chair Michael Dupree commented that the only changes to the plan would be adding septic and conditions for a stormwater pollution prevention plan to be overviewed by the Town Engineer. Planning Board Attorney Victoria Polidoro also added that Dutchess County Planning requested that three 3ft. Hornless Honey Locust trees be added 3ft. from the sidewalk fronting Route 9G. The resolution was also amended to add that copies of the applications for Rogers’ Certificate of Need be sent to Zoning Administrator Kathleen Moss upon submittal. The site plan amendment was approved unanimously by the board.

Dollar General plans approved
Todd Hamula of Zaremba Group LLC. was once again before the Hyde Park Planning Board at their Sept. 3 meeting for a continued public hearing on Dollar General’s application for site plan approval at 1049 Violet Avenue. Hamula noted that in the conditions of the resolution, the change from double-headed lighting fixtures to single-headed fixtures would mean that extra poles would have to be added to the parking lot. Board consulting engineer Pete Setaro said he thought double-headed lights were unnecessary for single parking spots. A clause was added to the condition on lighting saying only “if recommended by consulting engineer” because Setaro had not seen the updated lighting plans. The plan was approved unanimously by the board upon the listed conditions, including approval by the Dutchess County Health Department.

Other Business
A site plan amendment for the Stewart’s at 1115 Rte. 9G was referred to Dutchess County Planning at the planning board’s Sept. 3 meeting….Also referred to the county planning board were site plan amendments for River Ridge (formerly Maple Ridge) located between Rte. 9 and Hudson View Terrace. Jonathan Stein, one of the owners, presented details on updating the façades of the buildings and the landscaping. A public hearing was set for Wed., Sept. 17 at 7pm.…A public hearing was set for Wed., Sept. 17 at 7pm for Lands of Cire, at 4185 Albany Post Rd. Board Chair Michael Dupree explained that the applicant is applying for a site plan extension in order to find a new tenant.

HYDE PARK ZONING BOARD OF APPEALS

Homing pigeon hearing continued
Curtis Williams of 47 Holt Rd. was present at the Aug. 27 meeting of the Zoning Board of Appeals for a public hearing for a variance to allow animal husbandry for homing pigeons within 77 ft. to the closest of 6 houses within the 250 ft. setback required. Williams has 30 homing pigeons, which he keeps as a hobby and for therapeutic use. Joan Neville of 45 Holt Rd., and Anne Smith, of 43 Holt Rd., both neighbors of Williams, each said it was fine for Williams to keep the birds, as long as he changed the appearance of the coop the birds are kept in. Wayne Mabey, who lives at 307 Pinebrook Dr. behind Williams’ property, said he was concerned about diseases and about Williams increasing the number of birds he has. Williams replied that all his birds have birth certificates and shots to show that they are disease-free, and he also added that he would not get more than 30 birds because their upkeep is too costly. Barbara Sweet of 6 Covey Rd. asked Williams where he disposes of the excrement, and he said Waste Management allows him to put the materials in his trash. The board plans to visit Williams’ property, and the public hearing was continued to the Sept. 24 meeting.

Planning Board takes lead on Stewart’s sign application
Chuck Marshall of Stewart’s Shops Corp. was present at the Aug. 27 meeting of the Hyde Park Zoning Board of Appeals for a public hearing on a request for variance for the Stewart’s at 3648 Albany Post Rd. The request was to change the graphic size on a free-standing sign from 10 in. to 4 ft. 10 in. wide and 10 in. to 2 ft. 10 in. high; to change a numeric symbol on a free-standing sign from 10 in. to 12 in.; and changing a wall sign graphic from 10 in. to 2 ft. 3 in. high and 3 ft. 9 ½ in. wide. Board Chair Mary Donohue said the board would not be voting on the application because the planning board had requested lead agency for the application. The board unanimously approved the planning board as lead agency for the project. The hearing was continued to the Wed., Sept. 24 meeting.

TOWN OF MILAN ZONING BOARD OF APPEALS

Sandwich stand nixed for Milan Market site
The Milan Zoning Board of Appeals at its Aug. 28 meeting said it could not grant an area variance for a sandwich stand to remain at 1615 Route 199, the site of the former Milan Market and Pizza, owned by Elias Rabadi. Rabadi said that the town zoning enforcement officer contends the stand is a mobile structure and must be removed from the property after closing each day, according to town code. The ZBA suggested that Rabadi ask the town board to change the code to allow for his sandwich stand.

Willowbrook Rd. yard variance approved
A public hearing was held Aug. 28 for the application of Jeremy Lang of 1110 Willowbrook Rd for a variance to place a propane tank 12 ft., and a 5kW generator 21 ft., from his front property line, where 85 ft. is required. Lang proposes to surround the tank and generator with a chain-link fence of faux-evergreen material and also screen with landscaping. The ZBA voted to close the public hearing and grant the variance.

TOWN OF CLINTON ZONING BOARD OF APPEALS

Camp Dr. area variance granted
John Harding of 62 Camp Dr. requested an area variance to create a 1.94 acre lot by selling 0.3 acres to his northward neighbor. Harding’s current lot of 2.24 acres pre-existed the current 5-acre minimum lot requirement. Prior to a recent survey, the first for the property since 1934, it was thought that the 0.3 acre parcel belonged to Harding’s neighbor. The ZBA unanimously approved the variance on the condition that all required fees be paid, but noted that approval was due to the unique circumstances of the case and that the variance should not be considered a precedent for creating sub-standard lots.

Browning Rd, variance tabled
Matthew Taney requested an area variance for his 4.59-acre lot on Browning Rd. to be considered a 5 acre lot, which would fulfill the minimum acreage required for a farm designation and allow him to build a 40 ft.-by-60 ft. pole barn to house bees, chickens, and goats. The ZBA said Taney could combine his 4.59-acre lot with an adjacent lot he also owns and avoid the need for a variance, but he said he prefers to keep the lots separate in case he wants to sell one in the future. ZBA members expressed concern that a future owner could possess a lot designated as a “farm” that did not conform to zoning code, and encouraged Taney to consider an “animal husbandry” designation, which could be achieved without the variance but would require a building permit for the barn. The ZBA unanimously voted to table the variance request while Taney considers his options.

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