(3) Zoning Board of Appeals

TOWN OF RED HOOK ZONING BOARD OF APPEALS December 13, 2023 AGENDA(revised 12-8-23) Meeting to take place at Town Hall – 7340 South Broadway Preliminary Business 7:00 Call to Order - Roll Call -Approval of November 11, 2023 ZBA Draft Meeting Minutes -Review of Planning Board Minutes -Comments from the Chair Review ZBA 23-11 Philip J. Williams Jr., application for an area variance to construct a single - family dwelling 33’ from the front property line, which is also the centerline of Stone Church Road, and 22’ from the edge of pavement. Town of Red Hook Zoning Law, Section 143-12, The District Schedule of Area and Bulk Regulations, requires a minimum 60’ front yard setback, in the Zoning District. The subject parcel is located at 251 Stone Church Road, in the Town of Red Hook, in the RD3 Zoning District. Review ZBA 23-09 Michael Levy of MK Levy Properties, LLC, and Route 9G Properties, LLC, represented by Karen Hagstrom of Stenger, Diamond, & Glass, LLP, application for an Interpretation, regarding a Town of Red Hook Notice of Violation/Order to Remedy/Compliance Order, dated August 8, 2023, regarding the violation of Use Variance #5-98, and violation of site plan approval, #SP-98-11, and a violation regarding the occupancy of a model home. The formerly two subject parcels, 515038 and 512069, have been combined into a single subject parcel, 515038, which is located at 3944 Route 9G, in the Town of Red Hook, in the RD3 Zoning District. ZBA 23-10 Michael Levy of MK Levy Properties, LLC, and Route 9G Properties, LLC, represented by Karen Hagstrom of Stenger, Diamond, & Glass, LLP, revised application for a Use Variance, regarding the commercial and/or office building use of a model home on the subject parcel. Town of Red Hook Planning Board site plan approval, #SP- 98-11, does not permit a residential use of this model home. The formerly two subject parcels, 515038 and 512069 have been combined into a single subject parcel, 515038, which is located at 3944 Route 9G, in the Town of Red Hook, in the RD3 Zoning District. 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, formerly consisting of two parcels, numbered 515038 and 512069, which were combined into a single parcel, 515038, and to the proposed wireless facility(“the Project”), and prohibits further development of the Site. The new subject parcel is located at 3499 Route 9G, 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, formerly consisting of two parcels, numbered 515038 and 512069, which were combined into a single parcel, 515038 and to the proposed wireless facility (“the Project”), and prohibits further development of the Site. The new subject parcel is located at 3499 Route 9G, 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, formerly consisting of two parcels, numbered 515038 and 512069, which were combined into a single parcel, 515038 and to the proposed wireless facility(“the Project”), 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 new subject parcel is located at 3499 Route 9G, in the Town of Red Hook, in the RD-3 Zoning District. The next ZBA meeting is scheduled for Wednesday, January 10, 2024. Prospective ZBA Applicants must present their application to ZEO Bob Fennell or Deputy Building Inspector Brandon Mullins. The submission deadline for this meeting is noon Tuesday, January 2, 2024.