(3) Zoning Board of Appeals

Town of Red Hook Zoning Board of Appeals Meeting Minutes July 14, 2010 CALL TO ORDER The meeting was called to order at 7:00 P.M. by Chairman Nick Annas. ROLL CALL Members Present: Nick Annas, Kenneth Anderson, Christopher Carney, John Douglas, Jim Hegstetter, Paul Marienthal, Tim Ross, alternate Trilby Sieverding Absent: None Also Present: Bob Fennell, ZEO PRELIMINARY BUSINESS Minutes of June 9, 2010: Chairman Annas asked if everyone had read the June 9, 2010 Minutes and invited comments or questions. Hearing none, Paul made a motion to accept the Minutes as written. The motion was seconded by Ken and all were in favor. Planning Board Minutes and Letters: There were no comments from the Board. Building Inspector/ZEO Permits and Memos: The Board reviewed the Permits and memos. Comments: Chairman Annas said that he and Bob Fennell had gone to the Vrooman property afew weeks ago. Mr. Vrooman has complied in almost every aspect with the contingencies imposed by the Board when he was granted his variance. However a great many of the trees which he has planted are dead. It was decided that Chairman Annas and Bob Fennell will drive by again tomorrow to discuss the planting of live trees in the fall. PUBLIC HEARING 7:15 Appeal 10-5, CSX Transportation application to subdivide a 1.787 acre parcel where the code requires a minimum lot area of five acres. The applicant’s property is located on Dock Road, Barrytown Hamlet in the H zoning district. Chairman Annas opened the Public Hearing and asked if anyone present wished to speak to the issue. Marie Welsh of Welsh Surveying was present to represent the applicant. She said that she had the two documents requested by the Board at the Review, viz. the signed application form and a letter of authorization from the applicant. Ms. Welsh said that the reason Mr. Jennrette of the American Homes Preservation Trust is seeking to acquire this small piece of property is that in the future he wishes to turn his home, Edgewater, into a museum. He has several estate properties and when he passes on, he wishes to turn them into a museum so that the public can enjoy them. The land he wishes to acquire will serve as a small parking area for the museum. This will have to go to the Planning Board for site plan approval; however in order to get to the Planning Board, approval must first be granted for the variance to create a lot of less than five acres. She reminded the Board that the contract has a reversionary clause. The land could never be used for residential purposes because CSX retains the right to claim it back should it ever be used for any purpose other than the parking area. Chairman Annas asked how many cars would be accommodated in the parking lot. Ms. Welsh said that she did not know exactly how many cars they anticipate, but she felt that it would be used for about eight to ten cars, She said that the intent was not to use the whole space for parking, but rather to have a small parking area, some green space and the ability to access the museum. In response to Ken’s questions, she said that the land is contiguous with Mr. Jennrette’s property and the road is maintained by the town. Using the plan which she had submitted, she then reviewed the properties in the area with the Board. Paul asked if the Boat Club has any objections. Ms. Welsh said that she had not heard from the Boat Club. Jack Smith, who is one of the members of the Board of Directors of the American Homes Preservation Trust, said that the parking area would be a grass field; it would not be paved. It would go about 100 feet back from the end of the railroad siding and would be about 50 feet wide. The railroad has told him that a fence the length of the parking lot must be put up as they still want use of the siding and it therefore cannot be blocked. Most of this area is cleared already. It cannot be seen from the road and can barely be seen from the turnaround. Tim asked how much traffic there is in that area. Mr. Smith said that there is not much traffic at all. John Marvin, representing the applicant, said that part of the reason for acquiring the property is that Mr. Jennrette wishes to keep the property the way it is. He doesn’t want the railroad to use it for any other purpose. He said that the land will be a green buffer; it can only be used by a not for profit organization for parking or landscaping. It will not be blacktopped. Neighbor Marge Roberts approved of the establishment of a museum, but feared that it would increase the traffic on Barrytown Road which, she said is already heavy. She attributed this traffic to the Unification Church. She asked if the road could be opened so that it would become a circle. She also said that vehicles frequently speed on that road and requested a sign be put up posting the speed limit. Tim said that the former will never happen because at grade crossings the trains must blow their whistles and if it were a circle this would be happening all day and all night. Relative to the speed sign, the Board advised Ms. Roberts that the road is a county road and such a sign would therefore be the purview of the county. Mr. Smith said that upon Mr. Jennrette’s death, all his properties will go to his foundation and then the Board of Directors will decide which houses to open to the public based upon the funds available. Therefore, if and when the property would be opened to the 2 public is uncertain. In response to questioning, he added that the area is currently being used for parking on occasion. At present, he said, events attended by a few hundred people are held about four times a year. He added that the parking lot would be a little south of the entrance to the Boat Club. It is in a low area and will not even be seen from the road. Tim said that it will probably look better than it does now as the potholes would be cleaned up. Neighbor Bob Rogers asked if the lot would revert back to the railroad if it were sold privately. Mr. Smith replied that the way the contract is drafted, Classical American Homes would convey the property back to CSX. Tim noted that this would happen unless it were sold to another not for profit organization. Mr. Marvin agreed. He noted that many of the issues raised, e.g. materials to be used, etc. are Planning Board issues. Paul asked Mr. Rogers if the Boat Club had any objections. Mr. Rogers responded that they do not. Chairman Annas asked if there were any other comments from the audience. Hearing none, he closed the Hearing. The Board then filled out Part II of the Impact Assessment, determining that the proposed parking lot would not have a negative impact on the environment. Motion to Issue a Negative Declaration Tim made a motion for the Board to issue a negative declaration. The motion was seconded by John and all were in favor. Motion to Grant Variance Tim made a motion to grant the variance because it will be a benefit to the applicant, no detriment to the neighborhood and no detriment to public safety. John added the condition that the property shall be used only for parking and no structures or buildings shall be built on it . The motion was seconded by Jim. A roll call vote was taken and all were in favor. REVIEW OF APPEAL 7:45 Appeal 10-06, Timothy & Linda Carey application to erect a detached two car garage ten feet from the side property line where the code requires a twenty foot setback for an accessory building. The applicant’s property is located at 109 Kelly Road in the R1.5 zoning district. Mr. Carey stated that if the garage were built twenty feet from the property line, it would be only four feet from the house. That would mean that a variance would be required because the Building Code requires that it be at least twelve feet away from the house. Bob Fennell confirmed that the Zoning Law requires that accessory buildings must be set back at least twelve feet from the principal structure or the height of the accessory building, whichever is the least restrictive. For aesthetic purposes, Mr. Carey said, we were hoping to get a variance for a setback to keep the building twelve feet away from the house. This would look better than having it crammed against the house. Also, he continued, if the garage were too close to the house we would be looking out at the roof from the bedroom windows. Either way, he concluded, we would need a variance. He said that he was hoping to get this resolved before having plans drawn up. 3 John asked if they previously had a garage under the house. Mr. Carey responded in the affirmative. Chairman Annas asked why they don’t set the garage behind the main structure. Mr. Carey responded that that would cut into the back yard. However if we don’t get the variance, that will be one of the options we will have to consider. We were hoping to keep the garage in line with the house, he said. In response to Ken’s question, Mr. Carey said that the garage which was under the house has been converted into living space. That garage was very small and would not accommodate a full sized car. John asked if the garage would be one or two stories. Mr. Carey said that it would be one story. There will be nothing above the garage. Ken ascertained that the ten feet which Mr. Carey is asking for was measured from the point closest to the side property line. Tim asked if Mr. Carey has spoken to his neighbors about this project. Mr. Carey said that he had not done so; however, he did not think there would be a problem. Ken suggested that Mr. Carey check to see if the neighbors have any structures close to their lot lines. Tim said that consistency with other structures in the neighborhood is important. He did not think that what Mr. Carey was proposing was unique in the area and therefore it would not be out of character with the neighborhood. Chairman Annas asked why Mr. Carey needs such a large two car garage. He responded that his father-in- law is now living with him. There is also a snow blower which he would like to put behind the car. He said that he has spoken to his contractor, but no plans have been drawn up as yet. John asked if Mr. Carey would be willing to move the garage two feet to the right to decrease the footage between it and the house and increase the footage to the lot line. Mr. Carey responded in the affirmative. Tim said that might make it difficult to do plowing. Chairman Annas asked how many other detached garages there are in the area. After discussion, it was determined that there are at least three others. Chairman Annas asked if there were any further comments. Tim said that the diagram which Mr. Carey submitted was sufficient for him. The Board agreed. Chairman Annas ascertained that there would be no problem if the members of the Board were to come by to look at the property. In response to Chairman Annas’ question, Mr. Carey said that he would not have any problem with putting the gable on the front of the garage. Chairman Annas set the Public Hearing for August 11, 2010 at 7:15 P.M. ADJOURNMENT Tim made a motion to adjourn the meeting. The motion was seconded by Chairman Annas and all were in favor. The meeting was adjourned at 8:15 P.M. Respectfully submitted, Sheila Franklin FINDINGS AND DECISION 4 Appeal #10-05, CSX Transportation application to subdivide a 1.787 acre parcel where the code requires a minimum lot area of five acres. FINDINGS: 1. The property is located on Dock Road, Barrytown Hamlet in the H zoning district. 2. Tax Map #6173-00-039461. 3. The zoning law requires a minimum lot area of five acres. 4. The applicant wishes to subdivide a 1.787 acre parcel. 5. There were no objections from the audience. 6. A variance would be of benefit to the applicant with no detriment to the community. 6. There will be no change in the character of the neighborhood. 7. There will be no impact on the health, welfare or safety of the community. 8. The property shall be used only for parking and no structures or buildings shall be built on it. DECISION: Tim Ross made a motion to grant the variance based upon the above findings. The motion was seconded by John Douglas and carried by a 7-0 roll call vote. Dated: July 14, 2010 5