Minutes Red Hook Zoning Board of Appeals
February 9, 2005

Meeting called to order by Timothy Ross, Chairman

Roll call: Members present: Jeanne Douglas, Corinne Weber, James O’Toole,
Kenneth Anderson, Gordon Denegar, Michael Mosher

Town Board Liaison: James Ross

The minutes of January 12, 2005 were reviewed . Jim O’Toole stated that the information regarding a SEQRA Lead Agency should include the Planning Board as such agency and Bard College as the subject. Upon motion by Corinne Weber and seconded by Timothy Ross, the amended minutes were accepted 7-0 upon roll call vote.

Planning Board minutes: No minutes had been submitted for discussion

ZEO memos: Robert Fennel said that many of the violations had been corrected and that he would revisit those that were still outstanding.

Building permits were reviewed with the question being asked of the Building Inspector of why a $50 fee had been charged for a kiddy pool. Apparently pools over a certain size are charged for a building fee for which the minimum is now $50.

The Chairman advised the Board that Jim O’Toole’s term of office was up this year and that Jim, after many years on the board, was going to retire. He told the board that Robert Latimer and Betty Mae Van Parys were interested in serving. The board discussed this and were in favor of both. The Chairman will submit both these names to the Town Board for its consideration.

Public Hearing Appeal 01-05 Charles and Gladys Fasce application for a variance to the setback requirements and size requirement for a shed. A 10 x 16 wood shed on a 6 x 6 pressure treated floor has been constructed at 51 Manor Road 12 feet from the rear property line. A variance is needed for the oversize shed and an 8 ft. variance for setback. The applicant stated that placement of the shed was the most convenient place as the leach field was situated on the other side of the residence. He told the Board that the side of a neighbors house faced the shed and did not appear to be a problem. The Chairman opened the Public Hearing and as there was no comment from the audience, closed the Hearing. Jeanne Douglas made a motion to grant the variance based on the facts that there were no objections from the neighborhood, there would be a benefit to the applicant with no detriment to the community, there will be no change in the character of the neighborhood, there will be no impact on the health, welfare or safety of the community. The motion was seconded by Corrine Weber and passed unanimously by the following roll call vote:
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 02-05 Gilbert Beneway application for a variance from the coverage and open space requirements of the zoning law. The applicant wants to construct an addition to the rear of an existing house at 216 Whalesback Road to accommodate a wheelchair. A shower is needed that the applicant can roll into and turn around. Mr. Beneway’s agent, Glenn Unson was present. Mr. Unson submitted a new sketch plan showing an addition 10’ x 10’ which would not interfere with the septic system. The Chairman opened the Public Hearing and closed the Hearing as there was no comment from the audience. The parcel is presently covered by 22.7%. The addition will bring this number up to 23.7%, an increase of 1%. Minimum open space is 60%, with this addition, the open space will be at 58%. The applicant is handicapped and knowing the layout of the present bathroom in the house, an addition would be necessary to meet the needs of Mr. Beneway. There are no encroachments on the parcel. Timothy Ross made a motion to grant the variances based upon the given facts of the application, the unique circumstances involved, benefit to the applicant without detriment to the community, seconded by
Corinne Weber and passed unanimously by the following roll call vote:
James O’Toole Yes
Gordon Denegar Yes
Corinne Weber Yes
Timothy Ross Yes
Jeanne Douglas Yes
Kenneth Anderson Yes
Michael Mosher Yes

Review of Appeal 03-05 David Podolsky application for an area variance to construct a 36’ x 36’ building to be occupied by a home occupation for motorcycle accessories, the storage of samples for shows and exhibitions and the sewing of racing tire warmers. The applicant would further ask for a variance to have more than one employee. §143-32 D states “The home occupation activity, whether located within the dwelling or in a customary accessory structure, shall, in accordance with the requirements of the New York State Uniform Fire Prevention and Building Code, occupy no more than five hundred (500) square feet of gross floor area or twenty-five percent (25%) of the gross floor area of the dwelling on the premises, which ever shall be the more restrictive.” §143-32H states “Not more than one(1) person other than members of the household occupying such dwelling shall be employed on the residential premises in the conduct of the home occupation.” There would be no signage, no customers, no traffic, nothing toxic or creation of waste water. He makes specialty items. At present, he has one employee for 20 hours a week. He would, if variance granted, employ two more people, a sewer and a bookkeeper. The exterior of the building would resemble a barn. 1278 sq. ft. of the building would be used for business, 882 sq. ft. would be used for his personal use such as storing his recreational vehicles and simple storage of small items. The name of his corporation is Chicken Hawk Racing Inc. He has been in business for 12 years. The business would be open 5 days a week from 9 to 2 o’clock. It is a very low intensity business. A public hearing is scheduled for March 9, 2005 at 7:20.

As there was no further business to come before the Board, upon motion by Corinne Weber, seconded by James O’Toole, the meeting was adjourned.