(3) Zoning Board of Appeals

TOWN OF RED HOOK ZONING BOARD OF APPEALS June 14, 2023 AGENDA Meeting to take place at Town Hall – 7340 South Broadway Preliminary Business 7:00 Call to Order - Roll Call Approval of May 10, 2023 ZBA Draft Meeting Minutes Review of Planning Board Minutes Discussion of Town of Red Hook Planning Board Lead Agency Request Carson Solar Comments from the Chair Public Hearing (continued from the 5/10/23 meeting) ZBA 23-02 Bard College, represented by Coleen Murphy Alexander application an area variance to construct four student residence halls as follows, Building A1 41’ in height, Building B 47’ 6” in height, Building C 46’ in height, Building HH 43’ in height. Section 143-12, The District Schedule of Area and Bulk Regulations, of the Town of Red Hook Zoning Law, limits the maximum height of buildings in the Institutional Zoning District to 35’. See also, 143-Attachment 2 of the Town of Red Hook Zoning Law. The subject parcel is located at 30 Campus Road, Annandale on Hudson, NY, in the Town of Red Hook, in the Institutional Zoning District. Public Hearing (continued from the 5/10/23 meeting) ZBA 23-01 Devereaux Foundation, represented by John Lopez, application for an area variance to install a chain link fence, eight feet in height, around the perimeter of the Devereaux Campus. The Town of Red Hook Zoning Law, Section 143-28A limits the heights of fences to six feet in the side and rear yards, and four feet in height in the front yard. The subject parcel is located at 40 Devereaux Way, in the Town of Red Hook, in the Institutional Zoning District. Review ZBA 23-06 Rhinebeck Solar and Carson Power, application for an Interpretation of Town of Red Hook Zoning Enforcement Officer, Robert Fennell’s Determination of April 27, 2023, interpreting The Town of Red Hook Zoning Law, Section 143-37(E)(1)(a) prohibiting the installation of a ground mounted solar system in a NYSDEC, or US Army Corps of Engineers, designated wetland. The Town of Red Hook Zoning Law Section 143-37E(1)(b) prohibits the installation of a ground mounted solar system in the AB District, on Important Farmland, as defined in Section 143-4. The subject parcel is located at 7099 Albany Post Road, in the Town of Red Hook, in the AB, EP-O, and FF- O Zoning Districts. ZBA 23-07 Rhinebeck Solar and Carson Power, application for two area variances of Town of Red Hook Zoning Enforcement Officer, Robert Fennell’s Determination of April 27, 2023, interpreting The Town of Red Hook Zoning Law, Section 143-37(E)(1)(a) prohibiting the installation of a ground mounted solar system in a NYSDEC, or US Army Corps of Engineers, designated wetland. The Town of Red Hook Zoning Law Section 143-37E(1)(b) prohibits the installation of a ground mounted solar system in the AB District, on Important Farmland, as defined in Section 143-4. The subject parcel is located at 7099 Albany Post Road, in the Town of Red Hook, in the AB, EP-O, and FF- O Zoning Districts. Review ZBA 23-03 New Cingular Wireless, represented by George Santoire of Airosmith Development, application for an Interpretation of Town of Red Hook Zoning Enforcement Officer, Robert Fennell’s Determination of April 4, 2023, determining the Use Variance granted under ZBA Appeal 5-98, on September 9, 1998, applies to the Site, consisting of two parcels, numbered 515038 and 512069, and to the proposed wireless facility(“the Project”), and prohibits further development of the Site. The subject parcels are located at 3499 Route 9G, and adjacent vacant land on 9G, respectively, in the Town of Red Hook, in the RD-3 Zoning District. ZBA 23-04 New Cingular Wireless, represented by George Santoire of Airosmith Development, application for an amendment to the Use Variance granted under ZBA Appeal 5-98, on September 9, 1998, to authorize development of permitted uses, including the proposed wireless facility, at the Site, consisting of two parcels, numbered 515038 and 512069. The subject parcels are located at 3499 Route 9G, and adjacent vacant land on 9G, respectively, in the Town of Red Hook, in the RD-3 Zoning District. ZBA 23-05 New Cingular Wireless, represented by George Santoire of Airosmith Development, application for an Area Variance to install a new AT&T telecommunications transmissions tower 66’ from the property line, at the Site, consisting of two parcels, numbered 515038 and 512069. Section 143-103(A)(1) of the Town of Red Hook Zoning Law, regarding Commercial Communications Transmitting facilities, requires a setback of 150’ from the property line. The subject parcels are located at 3499 Route 9G, and adjacent vacant land on 9G, respectively, in the Town of Red Hook, in the RD-3 Zoning District. The next ZBA meeting is scheduled for Wednesday, July, 11 2023 Prospective ZBA Applicants must present their application to ZEO Bob Fennell. The submission deadline for this meeting is noon Thursday June 29, 2023.