Town of Red Hook
Zoning Board of Appeals Meeting Minutes
January 14, 2004
January 14, 2004 meeting called to order by Timothy Ross, Chairman
Roll call: Members present: Timothy Ross, Jeanne Douglas, Kenneth Anderson, James O'Toole, Michael Mosher, Corinne Weber
Town Board Liaison: James Ross
The minutes of December 11, 2003 were reviewed. Upon motion of Corinne Weber, seconded by Kenneth Anderson, the minutes were unanimously accepted upon roll call vote.
Planning Board minutes: The ZEO read a letter from the Planning Board regarding signage at the Red Hook Land Corp building. A Public Hearing will be scheduled for the Gino Salvatico application in February. All the pool signs for Pool Time are down.
ZEO memos: Bob Fennell will follow up on several memos and will check into whether or not a building permit has been issued for a barn which is being erected on Yantz Road.
The Chairman reminded all members to submit their requests to attend the Association of Towns seminar in February.
Building permits were reviewed with no comment.
Public Hearing Appeal 29-03 Dale and Heather Stary application to construct an addition which will be 42 feet from the front property line. Section 143-18 requires a front yard set back of sixty (60) feet in the RD3 zoning district. The applicants want to construct a 10' front porch and a 20x24 2 story addition to their present home. The applicants provided the Board with a map and photographs showing the placement of the present ranch house to which they propose the addition. The present house is composed of 960 square feet and houses Mr. and Mrs. Stary and their three children. The present house is located on 3.1 acres of land and was built prior to zoning. The house is currently 52 feet from the front property line. If building was to take place in the rear, it would be necessary to remove a deck, pool and reroute septic pipes. Also the rear of the property is quite wet. The Chairman opened the hearing. Arthur Wilson, a neighbor stated that nowhere has the property been designated as "wetlands" and he had built an addition which he had placed in the rear. Mr. Wilson also wrote a letter to the Board which is part of the record of this application. Doug Kenyon supported the proposal. A discussion followed and it was ascertained that the front of the house, from a 1997 survey is 44.2 feet from the edge of the property line to the front of the house and an 25.8 variance is needed for the proposal not 18' as published in the paper. The addition at the side of the house will match the front line of the house. The addition of a front porch is creating the need for the variance. Jeanne Douglas asked if this porch was necessary and was advised by the architect for the project that without it, the project would appear to be a big box. Tim Ross stated that it was a well thought out plan and he had no problem with the 10' encroachment. There were no other comments from the Board. Michael Mosher made a motion to grant a 26' variance given that this was only an increment of 10', there would be a desirable change in the neighborhood, it was not a substantial variance, of benefit to the applicant with no detriment to the community. Kenneth Anderson seconded and the roll call vote was as follows:
James O'Toole Yes
Gordon Denegar Yes
Corinne Weber Yes
Timothy Ross Yes
Jeanne Douglas Yes
Kenneth Anderson Yes
Michael Mosher Yes
Public Hearing Appeal 22-03 Stephen Buscarino application to increase the number of children in a Day Care Center. The Zoning Code permits 40 children and the applicant is requesting permission to establish a center for 80 children. The proposed location for this center is at the corner of West Kerley Corners Road and Route 9G in the Town of Red Hook. The Chairman recused himself as he is being consulted by the applicant. The applicant and Marie Welch, surveyor, were present as was the Operator of the Center, Lisa Racano. Several letters from community members regarding this project were received and distributed to each Board member prior to this meeting. Ms. Racano reviewed the proposal for the public. The Chairman opened the Public Hearing. Peter Sweeney remarked that this venture would adversely impact the neighborhood, increase traffic at an already dangerous intersection. He feels there would be great impact upon waterfront revitalization, on the aquifer and is a 100% request over the allowable number of children which is certainly not the minimum suggested by law. He opposed to this project. Robert McKeon stated that he thought the Planning Board should be involved. Bob Wises, Chairman of the Master Plan in Tivoli stated that going from 40 to 80 children flies in the face of what he envisions to be the Tivoli Gateway, 80 children needing day care fit better in a suburban setting rather than a rural setting and opposes granting of this variance. Phyllis Palmer wondered why there was a request for a variance before there was a building and enrollment of the 40 allowable children. Ms. Racano responded that this was based upon a report that day care was needed and financially it would be beneficial to have 80 children rather than 40. Marie Welch, surveyor for the project, stated that there would be little impact upon the neighborhood. Anita McCossi requested an adjournment of this to give people an opportunity to research the project as many had just learned of the proposal. A long discussion followed as to the use of this property. Questions about parking were asked. Martin Clark questioned the proximity to the intersection and the compatibility with the area. Kathy Stewart spoke of possible historic value and was told by Bob Fennell that no historical overlay exists and no map has been developed. Lottie Kittner asked if a problem had ever been reported of the day care center on Rockefeller Lane. Joanne Dupee lives near this intersection and advised the Board that there have been many accidents here. As there were no further comments, Jeanne Douglas, Acting chairman, read her opinion on the project and at the request of many in the audience, adjourned a vote on this project to February 10th to allow for written comments to the Board. This matter will be voted upon after all written comments have been read and comments from the Board members heard at 8:00 February 10, 2004.
Review Appeal 1-04 John Lenahan application for a variance of coverage and open space requirements. Mr. Lenahan want to construct a 20 x 40 addition behind his enclosed porch and will exceed the coverage allowed by 504 sq. feet and the construction will cover 46% of the lot and 80% open space is required. A Public Hearing has been scheduled for February 10, 2004 at 7:40pm.
As there was no further business to come before the Board, upon motion of Corinne Weber, seconded by Michael Mosher, the meeting was adjourned.