Rhinebeck ZBA adopts two area-variance resolutions; several applications set for public hearings

The Rhinebeck Zoning Board of Appeals on May 20, 2026, adopted two area-variance resolutions and accepted four new applications for public hearing.

Resolutions adopted: The board read and adopted a prepared resolution granting area variances for Michelle Moyer and Dan Kascarella (case number noted in the transcript). The resolution finds the benefits to the applicants outweigh any detriment to neighborhood health, safety and welfare, and grants the variances subject to conditions: construction in accordance with submitted plans, any planning-board-required changes, full payment of town fees and escrow, and commencement of construction within 12 months (with a possible written extension). The board adopted the resolution by voice vote; members recorded in favor during the meeting.

The board also adopted a resolution granting an area variance for Nicholas and Erica Clemente (case number 1097) to permit a one-story addition. The Clemente approval includes a screening condition that requires the applicant to install and maintain evergreen screening vegetation along the shared property line with an adjacent neighbor; species, planting height and maintenance responsibilities were to be agreed with the neighbor. The resolution contains the same standard contingent language about construction per plans, fees, and a 12‑month commencement period.

New applications and procedural actions: The ZBA accepted the following new applications as complete and set public hearings or referred matters as appropriate:
- Case 1099 (Michael Broad): Fence built without a permit on a corner lot; applicant agreed to make the finished side face outward, submitted photographs and said three neighbors had provided support letters. Public hearing set for June 17, 2026; site inspection to follow.
- Case 1100 (Charles Franny): Request for four area variances for a 24-by-30, 1½‑story detached garage; board discussed setbacks, aggregate accessory floor area and a proposed generator. Application accepted and public hearing set for June 17, 2026; applicant to supply renderings and the board noted possible planning-board referral for certain permit aspects.
- Case 1101 (Brookme) and Case 1102 (Primrose / Sean Kosber LLC): Both applications accepted; Brookme’s appeal was classified under 617.5 C37 and scheduled for a July 15 hearing (applicant requested July because of scheduling); Primrose’s orchard fence (8 ft tall, DEC wetlands noted) was accepted and set for a June 17 public hearing.

Why it matters: The resolutions create binding conditions that applicants must meet before building, and the Brookme appeal will test how the town interprets accessory/community uses previously discussed in planning-board approvals and a 2025 ZBA resolution. Several site inspections were scheduled to verify on-site conditions before deliberations.

What the board required: For approved resolutions, the board explicitly tied approvals to (1) construction consistent with submitted plans, (2) compliance with any planning-board directions, (3) payment of fees and escrow before the variance becomes effective, and (4) a 12-month lapse date for construction to commence.