September 15, 2004 meeting called to order by
Timothy Ross, Chairman
Roll call: Members present: Jeanne Douglas, Corinne Weber, Gordon Denegar

Members absent: Kenneth Anderson, Michael Mosher, James O’Toole
Town Board Liaison: James Ross


The minutes of August 18, 2004 were reviewed . Upon motion by Corinne Weber and seconded by Timothy Ross, the minutes were unanimously accepted upon roll call vote.

Planning Board minutes: No comment

ZEO memos: The memos were not reviewed

Building permits were reviewed without comment

Continuation Public Hearing Appeal 04-11 John Holzmann request for an area variance to add a 1000 sq. ft. addition to their present home. The maximum coverage allowed in the RD3 zone is 7%. This addition will bring total coverage to 12.8. Two additions need to be added to enlarge the house. The Chairman advised that another issue, that of open space, will need to be covered with a further application and Public Hearing. The applicant submitted a copy of a certified survey map showing the acreage of this lot to be .516 acres. Robert Dalton, neighbor, had several questioned and was advised by the Chairman that the Board was attempting to get more exact working figures to calculate coverage. In the discussion that followed, it was disclosed that the addition was to be part porch, enlargement of kitchen and one large family room. A new sketch with more exact figures will be submitted. The Chairman advised that as there were only four member present, one dissenting vote would constitute a denial. This Public Hearing has been continued to October 13, 2004 at 7:20. A Public Hearing will be scheduled for an open space variance for October 13, 2004 at 7:25. Both hearings will be closed together.

Public Hearing Appeal 04-14 Glen Coon application for a variance for a shed he erected on the rear of the main warehouse for storage of empty pallets. The applicant explained his circumstances and the Public Hearing was opened. Neighbors are not happy with the addition. William Stanton, esq. was present on behalf of Rosemary Zengen, a neighbor. Mr. Stanton questioned where exactly was this shed. Was it on his client’s property or just very close to the line. Without an exact survey, it would be impossible to tell. It was his suggestion that this matter be tabled until such time as a survey could be obtained. Corinne Weber questioned if the pallets being stored could be place somewhere else and was told that storing them elsewhere would not be as neat. The applicant told the Board that the shed was erected when he had come in for a variance for his swimming pool, but he did not place it on his sketch plan or reveal this to the Board. Jeanne Douglas told the applicant, that being familiar with the building process, he erected this shed without a permit and violated the setback requirements of the zoning law and that was her main problem with the situation. She then made a motion to take Mr. Stanton’s suggestion and continue this hearing to have a certified survey made determining exactly where the property lines were. Timothy Ross seconded this and the motion carried with a unanimous roll call vote. The Chairman stated that it would take a while to have the survey made and scheduled a continuation of this matter to November 10, 2004 at 7:20.

Public Hearing Appeal 04-Paul Imperati request for an area variance to erect a 12 x 16 foot shed within 4 feet of the property line. §143.18(2) of the zoning law states that the required side and rear yard setbacks are 20 feet. His residence is on a small lot as are many others in the neighborhood that have sheds in the rear yard. The Public Hearing was opened and as there were no comments from the public, closed. There were no adverse comments from the Board and Jeanne Douglas made a motion to grant the shed on the basis that there were many other properties in the neighborhood which had sheds, there would be no change in character of the neighborhood, it would be of benefit to the applicant and would not impact the health, safety or welfare of the neighborhood. Corinne Weber seconded the motion and it carried by the following roll call vote:

Gordon Denegar Yes
Corinne Weber Yes
Timothy Ross Yes
Jeanne Douglas Yes

Public Hearing Appeal 04-18 Application from Anthony Gorga for a variance to construct a 2800 square foot accessory building to be used as a Class II home occupation. §143.32D of the Town of Red Hook Zoning Law limits home occupation to no more than 500 square feet or 25% of the gross floor area of the dwelling which ever is more restrictive. Mr. Gorga presently rents space in Ulster County for his furniture making of free standing pieces. Class II limits his employees to one. There are no retail sales. Trucks the size of UPS are the largest he uses other than perhaps two eighteen wheelers twice a year. It is a self contained business. The Chairman found that there is no need for a full EAF. The applicant submitted an interior layout for the proposed building. The Chairman opened the Public Hearing Mr. and Mrs. Herrick and Mr. and Mrs. Williams, neighbors all had questions for the applicant, some of which showed concern of traffic and noise and what might happen if the applicant moved. During the discussion it was stated that the walls were to be 6” thick packed with insulation, the outside could be constructed so as to appear barnlike and if the applicant moved, any change in the use of the building would have to be of the same use or less intensive. There is a lot of equipment, thus the need for such a large building and the nature of the business requires high ceilings. A driveway to the building is being considered off East Kerley Corners Road. The reason given for wanting to move his business is to be closed to his family. Mrs. Williams stated that she wanted the neighborhood to remain with the residential atmosphere it now has. Jeanne Douglas is concerned with granting a variance for a building six times the size of that allowed by the zoning law. The chairman is concerned with the County allowing a curb cut on East Kerley Corners Road. A continuation of this hearing is scheduled for November 10, 2004 at 7:40 to give the applicant time to obtain information from Dutchess County Department of Highways as to the proposed driveway and to possibly reduce the size of the building being requested.

Public Hearing 04-16 Laurie Dahlberg, applicant, is requesting a variance to construct a garage three (3) feet from both side and rear yard property line and construct an addition to the dwelling 17.30 feet from the side property line. §143-18A(2) requires setbacks for accessory buildings of 20 feet. The required side yard setback for a principal building in the Hamlet of Upper Red Hook is 20 feet. The coverage in the Hamlet district is 10%. If the variance is granted, coverage will be exceeded by 2.9%. The Chairman opened the Public Hearing and as there were no comments from the Public, closed the hearing. There was discussion by the Board members and Timothy Ross made a motion to grant the request based upon the facts that it would be of benefit to the applicant with no impact on the neighborhood and would not affect the health, welfare and safety of the community. This was seconded by Corinne Weber and carried by the following unanimopus roll call vote.

Gordon Denegar Yes
Corinne Weber Yes
Timothy Ross Yes
Jeanne Douglas Yes

As there was no further business to come before the Board, upon motion by Timothy Ross, seconded by Corinne Weber and unanimously carried, the meeting was adjourned.