(3) Zoning Board of Appeals

Town of Red Hook Zoning Board of Appeals Meeting Minutes (Revised, Approved) November 13, 2019 CALL TO ORDER The meeting was called to order at 7:02 pm by Chairman Nick Annas. ROLL CALL Members Present: Chairman Nick Annas, Chris Klose, Jim Hegstetter, Kate Karakassis Members Absent: Chris Carney Also Present: Christine Chale for Victoria Polidoro, ZBA Attorney, and Drew Gamils of Keane & Beane, representing the ZBA for ZBA 19-11 Heermance Farm – Hudson Valley Wind+Solar, and Bob Fennell, Town of Red Hook ZEO. PRELIMINARY BUSINESS August 14, 2019 Meeting Minutes (Revote) At 7:03pm Chairman Annas asks for a motion to re-vote on the approval of the the August 14, 2019 meeting minutes. Chris Klose so moved. Kate Karakassis seconded and all members present were in favor. September 11, 2019 Meeting Minutes At 7:04pm Chairman Annas asks for a motion to approve the ZBA meeting minutes of September 11, 2019. Chris Klose so moves, and Kate Karakassis seconds. Discussion: Christopher Klose corrects the minutes to reflect he was present and not absent at the September 11, 2019 meeting. Kate Karakassis notes on page two the address for Philip Seymour should read 279 Fraleigh Lane. At 7:05pm All present vote in favor of adopting the September 11, 2019 minutes with the above revisions. Planning Board Minutes/Comments from the Chair There are no comments on the Planning Board minutes. Chairman Annas notes upcoming ZBA training opportunities with the Dutchess County Planning Federation. Review - Discussion (continued from the September 11, 2019 Meeting) Appeal 19-07, Jeffrey Bennett/Rokeby Farms, LLC, represented by Warren Replansky, application for an area variance regarding the Town of Red Hook ZEO, Bob Fennell’s May 2, 2019 Notice of Violation, and Bob Fennell’s June 13, 2019 letter, regarding the operation of a heliport, without a Special Permit, on a 17.72 acre parcel, with a landing and takeoff area approximately ten feet from the property line of adjacent parcel 212134. Section 143-70, of the Zoning Law of the Town of Red Hook, allows airstrips and heliports by Special Permit, provided that, A. The use is situated on a parcel of not less than 50 acres; B. No landing or takeoff area for aircraft shall be located within 300 feet of any property line or street line; C. No structure associated with aircraft activity shall be located within 200 feet of any residential property line or street line. The subject property is located at 7211 Albany Post Road, in the AB Zoning District of the Town of Red Hook. Chairman Annas states the Board must resolve the classification of the Action under SEQR before moving forward to discussion of other topics. Chris Chale, representing the ZBA for Victoria Polidoro, recommends an attorney-client session with the Board. At 7:07pm Chris Klose moves for the Board to recess to an attorney-client session. Jim Hegstetter seconds, and all Board members present vote in favor. At 7:35pm Kate Karakassis moves to reconvene the Board from the attorney client session. Chris Klose seconds and all Board members present vote in favor. At 7:35pm Kate Karakassis moves to classify the appeal as an Unlisted Action under SEQR, and for the Board to conduct a Coordinated Review. Jim Hegstetter states he is not certain it would be a Type II Action, and further comments he would like the Board to take a look at it under SEQR. Mr. Hegstetter also notes he finds no language stating the action would be strictly Type II. Chris Klose states he is in favor of more review and discussion. Chairman Annas states he finds there are a whole host of environmental issues associated with the proposal, beyond just the size of the structure. Kate Karakassis refers to the letter submitted by the applicant’s attorney, Warren Replansky, noting one criteria for a Type II Action, stated therein involves a an action less than 4000SF of “gross floor area”, and further comments she finds such a definition more indicative of some kind of building, and further states she does not find a helipad to be in such a category. Warren Replansky states he was not aware the gross floor area was an issue, and further comments there is no question the proposed action is Type II under SEQR. Mr. Replansky further states Impacts such as noise and community character are associated with a Type II classification. Mr. Replansky states in the history of regulations the NYSDEC does not feel it is appropriate to have a project of this size undergo further SEQR review. Mr. Replansky states the project will undergo Site Plan and Special Permit review by the Planning Board. Chairman Annas asks the Board for any further comments. There are none. At 7:40pm all Board members present vote to classify the Action as Unlisted under SEQR, and conduct a coordinated review with the involved agencies. Chairman Annas asks the applicant if he wishes to schedule a public hearing. Mr. Replansky states this is not possible until Lead Agency under SEQR is established. Chris Chale states the Board is raising the issue because the applicant asked about setting a public hearing at a past meeting. Chairman Annas states he is more comfortable with conducting a SEQR review first. Chris Chale identifies the involved agencies as the Town of Red Hook Planning Board, The Town of Red Hook Town Board, and states the ZBA will circulate to them with the EAF Short Form, submitted by the applicant, and declare Lead Agency, since it is the Board before which the application has been submitted. Ms. Chale further clarifies either of the two other Boards can 2 agree to the ZBA assuming Lead Agency for SEQR review on the project, or they can state they wish to assume the Lead Agency role. The Board and the applicant agree to adjourn the discussion for the determination of Lead Agency status. Review Charles Hapeman and Jordan Valdina of Synergy Design Architecture and Engineering, PLLC application for a use variance to create five (5) separate apartments of 1200 SF each in the main dwelling on the subject parcel. Town of Red Hook Zoning Law Section 143-4 defines Multi- Family Dwelling as “A detached , semi-detached, or attached building or portion thereof, containing three or more dwelling units.” Multi-family Dwellings are not a permitted use in the Agricultural Business Zoning District. The subject parcel is located at 235 Lasher Road, in the ABD Zone, of the Town of Red Hook. The applicants have also applied for an area variance, which the Board will discuss with the ZEO, and which is possibly moot, since the proposal involves a Multi-Family Dwelling, and not accessory apartments. ZEO, Bob Fennell informs the Board and applicants an area variance is not needed, even though they had applied for one, since a “Multifamily Dwelling” has no limit on apartment size. Jordan Valdina of Synergy Design Architecture and Engineering, informs the Board Charles Hapeman, the property owner, is not present. Mr. Valdina states the property owner is requesting a change in use, based on the scale of the building, its past use, housing up to 32 occupants, and the volume of the structure. Chairman Annas states, regarding the property’s history, there is a private residence, an accessory apartment for a mother, that was not to be rented out. Chris Chale asks Mr. Valdina to state the square footage of the primary building. Mr. Valdina responds the first floor has 4100 SF, and the second floor has 792 SF. Chairman Annas asks Mr. Valdina how many bedrooms the accessory apartment above the garage contains, to which Mr. Valdina replies it has three. Chris Chale informs the Board there is no current, pre-existing use in the big house. She further comments the property had lost its non-conforming, pre-existing use due to its inactive status for a period longer than 18 months. Kathleen Karakassis asks Mr. Valdina if the use as a group home was an active use at the time Mr. Hapeman purchased the property. Mr. Valdina states it was not. Chris Chale consults the documentation on the property and informs the Board of the closing date of 11-20-17. Chris Chale asks Mr. Valdina to state the actual condition of the main building. ZEO, Bob Fennell, states the property appraisal states work has been done within the past year, and further notes if this is the case, it is in violation, since no building permits have been issued. Chairman Annas recommends halting the proceedings until the property owner is present to answer questions. Chris Klose states the intended operation of a five unit building, in the age of Air B&B, needs to be reviewed. Mr. Klose further comments the ZBA needs to ascertain all aspects of use. Chris Chale reminds the Board the criteria for the granting of a use variance are one, there is no reasonable return possible on the property, i.e. the applicant needs to demonstrate none of the permitted uses can yield a reasonable return on investment, and two, that the property is unique – the conditions for seeking a use variance would not apply to the rest of the neighborhood, and three, that the granting of the use variance would not change the character of the neighborhood. Jordan Valdina states the property owner wishes to make good economic use of a large house, which he states, has a legacy of housing as a group home. Chris Chale states the former use is not relevant, but the nature of the structure is relevant to the application for a use variance. Ms. 3 Chale further comments lodging, up to ten units, such as a hotel/motel, is a permitted use in the Agricultural Business District. She also comments Multifamily Dwellings tend to be located closer to town centers. Bob Fennell, refers to Section 143-92 of the Zoning Code, pursuant to “Lodging”, and informs the Board lodging is considered a form of transient residence of less than 30 days. Ms. Chale states a Multifamily Dwelling would have no such limits. Jordan Valdina asks if farmworker housing is a permitted use in the District, to which Ms. Chale replies it is, but only for a working farm, as defined by New York State Agriculture and Markets Department. Chairman Annas states a five unit apartment building seems less obtrusive than lodging, to which Ms. Chale counters, it is not, however, a permitted use in the District. Jordan Valdina states the owner is looking for something in terms of use that would be a good fit for the property and the neighborhood. Bob Fennell states farmworker housing can only be permitted on a working farm, and further comments the farmworkers must also work on that farm. Chris Chale notes farmworker housing is a co-extensive use to support farming in the community. Jim Hegstetter recommends the Board wait for the property owner to be present, before continuing the discussion. The Board agrees. Review Douglas Passeri of Hudson Valley Wind and Solar, LLC representing Heermance Farm, LLC, application for an area variance to install a Bergey Wind Power 10kW small wind turbine, atop a 120 foot high monopole tower on the subject parcel. Town of Red Hook Zoning Law Section 143-15 A (2), limits the height of such towers to 75 feet above the average, finished grade at its base. The subject parcel is located on 433 West Kerley Corners Road, in the ABD Zone, of the Town of Red Hook. Chairman Annas invites Mr. Doug Passeri, of Hudson Valley Wind + Solar, to present the project. Mr. Passeri states the proposed structure is a monopole, as opposed to a latticed tower, with the wind turbine sitting atop of it. Chairman Annas asks Mr. Passeri to state the height of the pole, to which Mr. Passeri replies it is 120 feet in height. Chairman Annas asks Mr. Passeri to state the total height of the structure. Chris Klose estimates and confirms with Mr. Passeri the actual height, with the blade in the upright position is 135 feet in height. Kate Karakassis states there is a range of pole heights, and asks Mr. Passeri why the proposed monopole needs to be 120 feet in height, and further asks him if the monopole could be under the required maximum. Mr. Passeri responds the proposed height was indicated in a production report from the manufacturer. Chris Klose comments there was a windmill on his family farm, used for pumping water.. Mr. Passeri responds stating there is a NYSERDA (New York State Energy Research and Development Agency) program to determine wind speed in a given location. Chris Klose comments 135 feet in height is high for an intact rural vista. Mr. Klose also notes NYSERDA requires a minimum of 10mph wind speed to qualify for a grant, and comments there is also less than that. Chairman Annas states to achieve laminar, turbulent flow, a turbine would have to be located above the tree line. Mr. Passeri states the proposed structure is 50 feet above the tree tops. Chairman Annas asks Mr. Passeri to state how much electricity the proposed wind turbine is expected to produce, to which Mr. Passeri replies approximately 20% of energy use for the barn, and further comments the energy produced by the proposed wind turbine would not be for the house. Mr. Passeri states another local farmer uses 56kW per year on one meter, and 20kW on the other. Chairman Annas comments a property owner cannot hide a windmill as he or she 4 could a solar array. Chris Klose states the property contains soils of Statewide Importance, and further comments the applicant wants to place the proposed wind turbine some 845 feet from the road. Chairman Annas states there is a noise issue with wind turbines, and Chris Klose states they also create hazards for bird life. Mr. Passeri states the proposed wind turbine is 52 decibels at the tower. Chairman Annas asks if there are any similar structures in the area, to which Mr. Passeri replies there is one on Field Road in Milan, on Bob Bard’s farm. Chairman Annas states there are visual concerns, and seeing one of these structures close up would help him ascertain possible impacts. Jeff Rothschild introduces himself as the attorney representing Heermance Farm, LLC, and informs the Board the farm receives an ag exemption, and further comments Agriculture and Markets permits wind turbines as long as the use is strictly for the farm. Mr. Rothschild further comments Ag and Markets will come in and defend a farm. Kate Karakassis comments this would be in case there were a legal finding of unreasonable restrictions. Christine Pizzuti of 5 Star Farms, at the Dutchess – Columbia County line, on Route 9, states she and her husband grow vegetables on some of the land owned by Heermance Farm, LLC. At 8:45pm Chairman Annas asks for a motion to declare the proposed Action Type II under SEQR. Jim Hegstetter so moves. Chris Klose seconds, and all Board members present vote in favor. Kate Karakassis asks the applicant to provide specific data regarding the necessity for a 120 foot high monopole in the proposed location. Chairman Annas states he wishes to visit the neighboring structure to better understand the noise level and visual impacts. ZEO Bob Fennell clarifies the location of it. Chris Klose states he would like to see a visual impact statement, since the subject property is within the Historic Overlay District, and further states he suggests the applicant investigate an array of roof mounted solar panels on the barn. Mrs. Greta Passeri states the property owner is looking into this already, in addition to the proposed wind turbine. Chris Klose asks her to state the strategic goal for energy production on the property. Mrs. Passeri states it is 100% energy coverage with renewable energy. Kate Karakassis asks the applicants if they will apply for additional turbines, to which Mrs. Passeri states they will not, and further comments the proposed turbine will offset the larger electric bill. Kate Karakassis states if the Board sets a precedent for allowing taller than permitted windmills on a farm now, what will this mean for the future. Chris Klose comments the Town Centers and Greenspaces Plan was formulated to protect the rural character of the Town. Mr. Klose further comments if the ZBA approves one wind turbine, what precedent will it set for other landowners. At 8:56pm Chairman Annas asks for a motion to set the public hearing. Chris Klose so moves. Kate Karakassis seconds, and all Board members present vote in favor. Chairman Annas explains the noticing of the public hearing process, and informs the applicant he is responsible for paying the cost of certified letters to all neighbors within a 300 foot radius. Clerk Anne Rubin gives him a memorandum itemizing this cost. At 9:00 pm Chairman Annas asks for a motion to adjourn the meeting. Jim Hegstetter so moves, Kate Karakassis seconds, and all Board members present are in favor. The next regularly scheduled ZBA meeting will be held on Wednesday, December 11, 2019, at 7:00pm, in Town Hall. The submission deadline for this meeting is noon, Wednesday December 4, 2019. 5