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Zoning Board of Appeals — 2023-06-14

1 versions2023-06-14meeting agenda

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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 FFO 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 FFO 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.

Changes between versions

2023-10-102023-10-10
substantive change+2426

The resolution was updated for the 2025-2026 grant cycle and includes a revised Board of Trustees roster.

  • Resolution date and meeting date advanced from October 7, 2024 to October 6, 2025
  • Grant cycle changed from '2024-25 grant cycle' to '2025-2026 grant cycle'
  • Board of Trustees voting members changed from 'Trustee Laing, Trustee Bradley-Rickard, Trustee Appenzeller' to 'Trustee Uku, Trustee Smith, Trustee Maccarini'
  • Added meeting preamble: 'A meeting of the Village of Red Hook Board of Trustees was convened in public session at the Village Hall, 7467 South Broadway, Red Hook, NY on October 6, 2025. The meeting was called to order by Mayor Smythe.'
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## **VILLAGE OF RED HOOK: JUSTICE COURT GRANT VILLAGE OF RED HOOK RESOLUTION: # ___ - 20242025 DATED: OCTOBER 6, 2025** A meeting of the Village of Red Hook Board of Trustees was convened in public session at the Village Hall, 7467 South Broadway, Red Hook, NY on October 76, 20242025. The meeting was called to order by Mayor Smythe. ## **RESOLUTION AUTHORIZING THE VILLAGE OF RED HOOK TO PURSUE A GRANT APPLICATION TO OBTAIN FUNDING FOR THE VILLAGE OF RED HOOK JUSTICE COURT.** WHEREAS, the Village of Red Hook is authorized to adopt resolutions to address facilities, which are owned, operated, and maintained by the Village of Red Hook and, more particularly, the Village of Red Hook Justice Court; and WHEREAS, the Village of Red Hook has been advised by the Village Justice, the Hon. Jonah Triebwasser, that certain monies might be available to the Village in order to assist the Village in certain costs associated with the Village of Red Hook Justice Court operations; and WHEREAS, the Village Board has determined that the Village of Red Hook Justice Court is in need of certain equipment and other necessities which will ensure that the Village of Red Hook provides appropriate mechanisms and ancillary apparatus to the Village Justices and the Court Clerks, as well as all personnel and individuals who have business before the Village of Red Hook Justice Court; and WHEREAS, the Village Board has been advised that there might be available certain grant monies from the New York State Justice Court Assistance Grant Program (JCAP) which might enable the Village to obtain certain revenues to help fund the purchase of certain mechanisms and ancillary apparatus as and for the Village of Red Hook Justice Court; and NOW THEREFORE, therefore,BE beIT it resolvedRESOLVED, by the Board of the Village of Red Hook, County of Dutchess, State of New York (“the Village”), as follows: The Board of the Town of Village Hook authorizes the Red Hook Village Court to apply for a JCAP grant in the 20242025-252026 grant cycle up to $30,000.00. Motion by: ____________________ Seconded by: _________________ The foregoing resolution was duly put to a vote, which resulted as follows: |Motionby:<br>SecondedMayor by:Smythe|Motionby:<br>Seconded by:☐Aye|Motionby:<br>Seconded by:☐Nay|Motionby:<br>Seconded by:☐Abstain|Motionby:<br>Seconded by:☐Recuse|Motionby:<br>Seconded by:☐Absent/Excused| |---|---|---|---|---|---| |Vote:|||||| |Mayor Smythe|☐Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Deputy Mayor Kjarval|☐Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Trustee LaingUku|☐Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Trustee Bradley-RickardSmith|☐Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Trustee AppenzellerTrusteeMaccarini|☐Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Vote Total|||||| |Result|Motion:||||| ## CERTIFICATE OF RECORDING OFFICER The undersigned hereby certifies that: (1) She is the duly qualified and acting Clerk of the Village of Red Hook, Dutchess County, “ ” New York (hereinafter called the Village ) and the custodian of the records of the Village, including the minutes of the proceedings of the Village Board (hereinafter called the “Board”), and is duly authorized to execute this certificate. (2) Attached hereto is a true and correct copy of a resolution duly adopted at a meeting of the Board held on the 76[th] day of October 20242025 and entitled: VILLAGE OF RED HOOK RESOLUTION NO. _____ DATED: OCTOBER 76, 20242025 RESOLUTION AUTHORIZING THE VILLAGE OF RED HOOK TO PURSUE A GRANT APPLICATION TO OBTAIN FUNDING FOR THE VILLAGE OF RED HOOK JUSTICE COURT (3) Said meeting was duly convened and held and said resolution was duly adopted in all respects in accordance with law and the regulations of the Village. To the extent required by law or said regulations, due and proper notice of said meeting was given. A legal quorum of members of the Board was present throughout said meeting, and a legally sufficient number of members voted in the proper manner for the adoption of the resolution. All other requirements and proceedings under law, said regulations or otherwise incident to said meeting and the adoption of the resolution, including any publication, if required by law, have been duly fulfilled, carried out and otherwise observed. (4) The seal appearing below constitutes the official seal of the Village and was duly affixed by the undersigned at the time this certificate was signed. IN WITNESS WHEREOF, the undersigned has hereunto set her hand this 76[th] day of October, 20232025. -SEAL- ____________________________________ Jennifer Cavanaugh, Village Clerk -SEAL- ## ____________________________________ Jennifer Cavanaugh, Village Clerk