(3) Zoning Board of Appeals

Town of Red Hook Zoning Board of Appeals Meeting Minutes (Approved) November 11, 2015 CALL TO ORDER The meeting was called to order at 7:00 pm by Presiding Chairman Tim Ross ROLL CALL Members Present: Presiding Chairman Tim Ross, Chris Carney, John Douglas, Kris Munn, Trilby Sieverding Members Absent: Nick Annas, Jim Hegstetter Also Present: Jim Ross, Town Board Liason, and Jim Hall, Contractor for Gabriel Hendifar and Jeremy Anderson PRELIMINARY BUSINESS Minutes from October 14, 2015 At 7:03 pm Presiding Chairman Tim Ross asks for a motion to approve the Minutes from the October 14, 2015 ZBA meeting. Kris Munn so moves, Tim Ross seconds the motion, and all are in favor. Planning Board Minutes and Letters: There are no comments regarding the Planning Board. Comments from the Presiding Chairman: Dutchess County Planning Federation is looking to change the referral requirements, in order to reduce the number of referrals to the County, and streamline the ZBA application process. He notes that the vast majority of referrals are deemed a matter of local concern. Public Hearing Appeal 15-07, Gabriel Hendifar and Jeremy Anderson application for an area variance to erect a fence, seven (7) feet in height, in the required front yard of the property. Section 148-28 A of the Town Zoning Law limits the height of fences in the required front yard to four (4) feet. The applicant’s property is located at 354 Metzger Rd. in the RD3 zoning district, Tax Grid # 6271- 00-249843. At 7:06pm Presiding Chairman Tim Ross asks for a motion to open the Public Hearing. Kris Munn so moves, Trilby Sieverding seconds, and all are in favor. At 7:08pm Presiding Chairman Tim Ross asks for a motion to close the Public Hearing. Kris Munn so moves, John Douglas seconds the motion, and all are in favor. Presiding Chairman Tim Ross asks the board members if they have had the opportunity to visit the property, and asks if there are any comments or concerns. He notes that the apex of the curve does not impact vision from the driveway. John Douglas notes that the structure is in three parts, with hinged doors in the center part. He asks Jim Hall to state their dimensions. Mr. Hall states that the section closest to Route 9 is 9’ in length, and the section on the other side of the hinged doors is 7’ in length. Tim Ross further comments that the project is tastefully done, but that ideally, the applicant should apply for the variance prior to construction. At 7:12pm Presiding Chairman Tim Ross reads the Variance Resolution as follows: Town of Red Hook Zoning Board of Appeals, at a meeting duly convened on November 11, 2015, reviewed the facts in Application 15 – 07, as submitted by Jim Hall, on behalf of Gabriel Hendifar and Jeremy Anderson, and Whereas, the action was determined to be a Type II Action under the State Environmental Quality Review Act, Section 6NYCRR Part 617, and Whereas, said application requests a variance or adjustment to the strict application of the Zoning Code, specifically regarding a fence in three sections, in the front yard, in the R3 district of the Town, and Whereas, the Board held a Public Hearing, notice of which was duly published in the Poughkeepsie Journal, and the Daily Freeman on October 30, 2015, and posted as required by law, and Whereas, at said Public Hearing all who desired to be heard were heard and their testimony recorded, and Whereas on November 11, 2015, the Board determined that the application would not result in any significant adverse environmental impacts and adopted a determination of non significance, and, Whereas, all testimony has been carefully considered, and the following pertinent facts noted: The location of the fence, the impact on the neighborhood, and the benefit to the applicant. Now therefore be it resolved by the Zoning Board of Appeals, that Application 15-07, a request for a variance from Section 148-28 A, as set for the above be granted, with the stipulation that the fence shall be constructed as depicted on the landscape plan, and not modified or enlarged, and shall comprise two solid sections, one 9’ in length, and one 7’ in length, with hinged doors in the center of the two sections, on the following grounds: 2 1. The variance requested will not produce an undesirable change to the character of the neighborhood, or a detriment to nearby properties. 2. The needs of the applicant cannot be achieved by other than an area variance, noting that the trees could have been placed elsewhere, but that this solution produces a cleaner entrance. 3. The requested variance is not substantial, given the location and adjacent plantings, which are permitted. 4.The requested variance will not affect the phusical or environmental conditions in the neighborhood. 5. The hardship for which the variance is sought to rectify was only partially self created, but done so for understandable reasons. 6. The variance being granted is the minimum variance to meet the needs of the applicant, given the facts above. At 7:19pm Tim Ross, Christopher Carney, John Douglas, Trilby Sieverding, and Kristofer Munn vote yes, to grant the variance. James Hegstetter and Nick Annas are absent. At 7:20pm John Douglas moves to adjourn the meeting. Kris Munn seconds the motion, and all are in favor. 3 4 5