(3) Zoning Board of Appeals

Town of Red Hook Zoning Board of Appeals Draft Minutes July 13, 2022 Preliminaries Roll Call Chairperson Kate Karakassis calls the meeting to order at 7:04pm, and welcomes new Board member, George Jahn. Present are Chairperson Karakassis, Chris Carney, and George Jahnand a quorum for the meeting is established. Also present are ZBA Attorney Janis Gomez Anderson, Town Board Liason, William Hamel, and Town of Red Hook ZEO, Bob Fennell. Absent is John Bonavita-Goldman. Chris Klose has recused himself from the meeting, due to a familial relationship with the applicant. May 11, 2022, June 08, 2022 Meeting Minutes Chairperson Karakassis states there is no quorum of members who were present at the May 11, 2022, and June 08, 2022 meetings to vote on the meeting minutes, and remands the vote to the August 10, 2022 meeting. Review of Planning Board Minutes and Comments from the Chairperson Chairperson Karakassis states the Planning Board Chairperson, Sam Phelan, has contacted her regarding a letter to the Town Board, recommending specific changes to Zoning, for Accessory Dwelling Units, Cottages, and Apartments. Chairperson Karakassis further states the ZBA is limited to what the Town Code states, and as such, cannot support or oppose the Code. Chairperson Karakassis further states it is appropriate for the Town to review Accessory Dwelling Units, to determine if the current Code fits the needs of the Town, and further states the Planning Board has access to professional consultants who can inform their recommendations. Chairperson Karakassis states the Planning Board will circulate the letter to the ZBA, so that the Board can vote on it. Public Hearing ZBA 22-06 Peter Klose and Jean Voutsinas, application for two Area Variances to create a cottage in a small barn, on a parcel of 1140 SF, setback eight feet from the front property line. Section 143-68 A, of the Town of Red Hook Zoning Law limits the size of a cottage to 650 SF of Gross Floor Area, and Section 143-68E requires a front yard setback of 50 feet. The subject parcel is located at 45 Echo Valley Road, in the Town of Red Hook, in the RD1.5 Zoning District. ZBA 22-08 Peter Klose and Jean Voutsinas, application (amended at the 6-8-2022 ZBA Meeting, to clearly state the small barn will become a “Cottage”, and the large barn will become a Single-Family Residence, and the Principal Dwelling) for an Area Variance to alter a barn, which is an accessory use, to a Single-Family-Dwelling, which is a principal use, on the subject parcel. A change from an accessory use to a principal use requires that the structure housing the new use meet the setback requirement of the District Schedule of Bulk and Area Regulations, Section 143-12 of the Town of Red Hook Zoning Law, for structures in the R 1.5 Zoning District.. The required front setback, per Section 143-12 is 50 feet, in the R 1.5 Zoning District. Said barn is five feet from the front property line. The subject parcel is located at 45 Echo Valley Road, in the R1.5 Zoning District. Chairperson Karakassis reads the agenda item, and states the ZEO has found a Change in Use, from an Accessory Structure, to a Single-Family Residence require compliance with the District Schedule of Area and Bulk Regulations. Chairperson Karakassis invites the applicant to describe his project. Mr. Klose describes the Dutch Barn is a pre-existing structure from the 1750s, which will be very expensive to save, and states his plan is to convert it into a primary residence. Mr. Klose further states he is not proposing any enlargement of the structure, and further notes a neighbor has several converted barns and residences, and states he plans to maintain the aesthetic of the Dutch Barn. Mr. Klose states the primary residence will have a second floor, and also states he hopes to preserve as much of the original structure as he can. Mr. Klose states the permitted size of the existing Cottage (The Tack Shop) is 650SF, which he wants to increase to 1150SF, which, he states, is also small. Mr. Klose states he has no plan to increase the footprint of the structure, or to increase the non-conformities. Chairperson Karakassis confirms with the applicant he cannot comply because he wants to use existing buildings, and cannot move them back from the front property line. George Jahn states adaptive reuse includes a wide range of modifications, and further notes there have been instances in which a property owner would leave a small area intact to qualify as adaptive reuse, and proceed to change everything else. Mr. Klose states the roof has to come off of the Dutch Barn, since all columns have shifted toward the stream. Mr. Klose further states he plans to straighten the structure and replace the roof, while maintaining the existing side, which he describes as mushroom wood, and further states the 16’ x 8’ pieces will orient vertically. Chris Carney notes quite a few properties in the area do not meet the required 50’ setback. At 7:15 Chairperson Karakassis asks for a motion to open the public hearing. George Jahn so moves, Chris Carney seconds, and all Board members present vote in favor of opening the public hearing. Chairperson Karakassis invites any members of the public to step forward with their statement. John Dolan of 30 Echo Valley Road asks the Board if the Tack House is already a Cottage, and if there will be any real change to it. Mr. Klose replies it will occupy the same footprint, and will undergo a Change of Use to an Accessory Use – Cottage. Mr. Dolan asks about a shed behind the Dutch Barn, to which Mr. Klose replies it will be restored, and no one will live in it. At 7:18 PM Chairperson Karakassis asks if there are any further comments, and as there are none, asks for a motion to close the public hearing. Chris Carney moves to close the public hearing, and George Jahn seconds the motion. All three Board members present vote in favor of closing the public hearing. ZBA Attorney Janis Gomez Anderson reads the resolutions for ZBA Appeal 22-06, and 22-08, into the record, which is attached hereto, and incorporated by reference. At 7:36 pm Chris Carney makes a motion to grant variance 22-06, which resolution is read in to the minutes by ZBA Attorney Janis Gomez Anderson. George Jahn seconds the motion. All three Board members present vote in favor of granting the variance. At 7:44 pm makes a motion to grant variance 22-08, which resolution is read in to the minutes by ZBA Attorney Janis Gomez Anderson. Chris Carney seconds the motion. George Jahn asks Mr. Klose about the existing silo attached to the larger barn, to which Mr. Klose replies he plans to leave the silo in place and fix it up. All three Board members present vote in favor of granting the variance. Adjournment At 7:45 pm Chris Klose moves to adjourn the meeting. Chris Carney seconds and all Board members vote in favor of adjourning the meeting. The next ZBA meeting will be held on September 14, 2022, at Town Hall. The submission deadline for this meeting is noon, Tuesday, September 6, 2022.