FAQs • Red Hook, NY • CivicEngage

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Guidelines for ZBA Applicants

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1. Why might you consider an appeal to the Zoning Board of Appeals?: A person may want to appeal to the Zoning Board of Appeals (ZBA) for two basic reasons. First, he or she may disagree with a decision the enforcement officer has made or an action he or she has taken. Second, the appealing party may believe that an exception (variance) to the zoning laws should be made for his or her property.

2. How is the appeals process initiated?: Either the applicant or the applicant’s representative must file a Notice of Appeal with the ZBA within 60 days after the enforcement officer has filed his or her decision or action. The enforcement officer’s decision is filed in his or her office, unless the municipal governing board has authorized it to be filed instead in the municipal clerk’s office. A copy of the Notice of Appeal must also be filed with the enforcement officer.

3. Under what circumstances may an appeal be made to the Zoning Board of Appeals?: Except in certain instances, an applicant must be "aggrieved" by an actual decision or action taken by the enforcement officer. The exceptions occur where an applicant has already submitted an application for subdivision, site plan, or special use permit approval which requires an area variance in connection with that approval. In those instances, no decision of the enforcement officer is necessary. The applicant may simply file a Notice of Appeal directly with the ZBA.

4. Who may apply to the ZBA for relief?: Anyone who could be "aggrieved" by the decision or action of the enforcement officer, has standing to take an appeal before the ZBA. A person is “aggrieved” if his or her property value is affected negatively by the enforcement officer’s action. Commonly, a property owner who either has been refused a permit or has been served with an enforcement action, is the "aggrieved party." Also note, as stated above, that a landowner who has submitted an application for subdivision, site plan, or special use permit approval, may apply to the ZBA for an area variance without a decision of the enforcement officer. A neighboring landowner may also be an "aggrieved party", if he or she believes the enforcement officer's decision in issuing a permit was improper, and will negatively affect their property value. In addition, any officer, board or commission of the municipality may appeal a decision of the enforcement officer, whether or not that officer, board or commission is aggrieved.

5. What decisions or actions are appealable?: Any decision or action issued in writing by the enforcement officer, which affects anyone's rights, is appealable. These decisions include: the grant or denial of a permit, the issuance of an appearance ticket or summons, or any order which mandates certain action, such as a cease-and-desist or stop-work order

6. What types of relief can the ZBA grant?: The ZBA can grant (or deny) two types of relief: interpretive and variance. In either case, the ZBA will either affirm, reverse, or modify the enforcement officer's decision. In so doing, it will either grant or deny the requested relief. If the appeal is for an interpretation, the ZBA's decision will be based on the municipal zoning regulations. On the other hand, if the appeal is for a variance, the ZBA's decision will be based on the standards of proof contained in the following state statutes: §267-b of the New York State Town Law, §7-712-b of the Village Law, or §81-b of the General City Law. Because of the range of powers the ZBA has, it is essential that the applicant (or the applicant’s representative) know what type of relief to request when making application to the ZBA. If the applicant believes the enforcement officer's decision is incorrect, the appropriate request is for an interpretation reversing the officer's decision. If the applicant (in this case, the landowner) believes that the officer's decision may be correct, but that he or she can show proof under the statutes that a variance is warranted, then the appropriate request is for a decision granting a variance. It is also possible for an applicant to make a request for an interpretation, and, in the same application, ask for a variance if a favorable interpretation is not granted.

7. After a Notice of Appeal has been filed, what must happen?

After a Notice of Appeal has been filed, the ZBA will take up the matter at a future meeting. The ZBA is required to schedule a hearing on the applicant's appeal within a reasonable time, and give notice of the hearing to the applicant. If a variance is requested, the ZBA may be required to take some preliminary steps before it may hear the case.

First, the ZBA may have to make a determination of significance under the State's Environmental Quality Review Act (SEQRA). Based on this determination, an Environmental Impact Statement (EIS) may or may not be required. If an EIS is required, the case cannot be heard until the EIS has been completed and accepted by the ZBA. Environmental review is not necessary for interpretations of the zoning regulations or for area variances relating to setbacks and lot lines, or for area variances relating to one-, two-, or three-family residences.

Second, depending on the location of the property, the ZBA may be required by State law to refer requests for variances to the county planning agency for a preliminary recommendation. If such a referral is required, the ZBA must give the county 30 days to respond. It is also possible that the county's recommendation could result in an increase in the number of votes needed for the ZBA to approve the variance. Appeals for interpretations need not be referred to the county.

8. What is the responsibility of the applicant at the hearing?

At the hearing, the applicant may submit written evidence and/or argument to support his or her case. Obviously, the sooner that written testimony or material is received, the more time ZBA members will have to consider the case and reach a proper decision. Therefore, it is a good idea to submit written material with the application, or as soon thereafter as possible, so that it can be sent to ZBA members prior to the hearing. (Please note that the applicant can present written evidence at any time up to the close of the hearing, or even after the hearing if the ZBA allows the record to remain open.)

At the hearing, the ZBA will offer the applicant and/or the applicant’s representative the opportunity to present a case for relief. The applicant may personally testify, call witnesses, or submit written evidence, including drawings and graphics. Because an appeal is an adversarial proceeding, the ZBA will offer the municipality an equal opportunity to present its side of the case (the side which supports the enforcement officer's decision).

Each side will be given an opportunity to question the other, or the other's witnesses. In addition, ZBA members may ask questions. After the applicant and the municipality have presented their cases, any other interested persons will be given the opportunity to speak and/or submit written material. If necessary, the hearing may be adjourned and continued at a later date. When all parties and interested persons have been granted the opportunity to be heard, the hearing will be closed.

9. Will the ZBA make a decision the night of the hearing?: Once the hearing is closed, the ZBA may begin discussing the case and reach a decision, or may postpone discussion and/or its decision until a later meeting. If the ZBA deems it necessary, the hearing may be reopened at any time. Once the hearing has been finally closed, the ZBA must make its decision within 62 days.

10. What is the basis for the ZBA’s decision on an interpretation?

If requesting a reversal on an interpretative basis, the applicant must prove that the enforcement officer's decision was incorrect, according to a proper reading of the municipality's zoning regulations. If the ZBA has heard a case in the past which involved an interpretation of the same provision, the ZBA's decision will be consistent with its prior ruling. If the ZBA has never interpreted the particular provision at issue, it will use its best judgment as to the municipal governing board's original intent in enacting the provision. Secondarily, the ZBA will try to arrive at the best practical solution for future application by the enforcement officer.

Careful and thorough reference will be given to all definitions and other provisions of the regulations. If necessary, the ZBA will refer to authoritative publications on planning and zoning law. The applicant may, of course, use those resources in presenting his own case as well.

11. What must be proven in order to be granted a use variance?

If requesting a use variance, that is, permission to establish a use of property not otherwise permitted in the zoning district, the applicant must prove "unnecessary hardship." To prove this, State law requires the applicant to show all of the following:

(1) that the property is incapable of earning a reasonable return on initial investment if used for any of the allowed uses in the district (actual "dollars and cents" proof must be submitted);

(2) that the property is being affected by unique, or at least highly uncommon circumstances;

(3) that the variance, if granted, will not alter the essential character of the neighborhood; and

(4) that the hardship is not self-created.

If any one or more of the above factors is not proven, State law requires that the ZBA must deny the variance.

12. What must be proven in order to be granted an area variance?

If requesting an area variance, that is, permission to build in an otherwise restricted portion of the property (such as in the required front, side or rear yards, or above the required building height, or in excess of the lot coverage regulations), then State law requires the applicant to show that the benefit the applicant stands to receive from the variance will outweigh any burden to health, safety and welfare that may be suffered by the community. State law requires the ZBA to take the following factors into consideration in making its determination:

(1) whether an undesirable change will be produced in the character of the neighborhood, or a detriment to nearby properties will be created by the granting of the area variance;

(2) whether the benefit sought by the applicant can be achieved by some method which will be feasible for the applicant to pursue but would not require a variance;

(3) whether the requested area variance is substantial;

(4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and

(5) whether an alleged difficulty is self-created.

Unlike the use variance test, the ZBA need not find in favor of the applicant on every one of the above questions. Rather, the ZBA must merely take each one of the factors into account. The ZBA may also decide that a lesser variance than the one requested would be appropriate, or may decide that there are alternatives available to the applicant which would not require a variance.

13. Must the variance, if granted, be exactly what was applied for by the applicant?: Whether the ZBA decides to grant a use or area variance, State law requires the ZBA to grant the minimum variance necessary to provide relief, while at the same time taking care to protect the character of the neighborhood and the health, safety and welfare of the community. For these same reasons, the ZBA may also impose reasonable conditions on the grant of any variance.

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Highway Department FAQ's

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1. How do I report damage to my mailbox?: If you think that our plows may have damaged your mailbox, please complete the Service Request/Complaint Form, and we will get back to you promptly. For more information, please see the Snow and Ice Policy for the Town of Red Hook.

2. How can I best manage my garbage and recycle receptacles during winter months?

Where & How to Place Your Garbage and Recycle Receptacles During Winter

Heavy snow accumulation, icy roads and/or poor visibility during winter maintenance activities can make it difficult for snowplows to avoid garbage receptacles placed alongside the road. During snowstorms it may be necessary to postpone putting your trash out on pick-up days. Knowing how to make waste collection as easy as possible is important, so here are a few helpful tips that are sure to come in handy during the winter months.

When you dig out your driveway, be sure to dig out a spot for your receptacles. trashcan diagram

Do not place garbage and recycle receptacles in the street. We realize this cleared area is an enticing location to place garbage containers, but it creates a hazard as they could get hit by vehicles or taken away by snowplows. Most garbage trucks are equipped with a hydraulic extending arm that grasps garbage and recycle bins. It is recommended that garbage and recycle bins be placed at least 3 to 5 feet off the edge of pavement, into your driveway, so they are out of the way of the snowplow or snow being pushed aside while the snowplow is going down the road.

Do not place garbage containers on top of the snow piles. This placement might cause your receptacles to tip over and litter your garbage along the street, and it also makes it difficult for the garbage trucks to set the cart back down.

Timing is everything. Putting your trash out the night before collection day can make life easier, but this puts your receptacle at risk of damage during nighttime snowplowing operations. Getting up a bit early in the morning to handle this chore can avoid having containers knocked over by strong winter winds or snowplows.

Retrieve your garbage cans soon after collection. Garbage and recycle receptacles often sit at the roadside on collection day until the evening. Empty bins are vulnerable to winds and snow removal operations and could cause a hazard if knocked into the roadway. Prompt removal of empty bins is recommended.

These tips can make garbage collection day safer and easier for snowplow and garbage truck drivers.

3. How are the speed limits set in the Town of Red Hook?

All speed limits in the Town of Red Hook are set by the New York State Department of Transportation. The Town cannot set or change any speed limits on Town Roads without the approval of the State DOT. The State DOT has the town roads listed with a Town wide speed limit of 35 mph, with the following exceptions:

Pitcher lane- 40 mph

Rockefeller Lane- 45 mph

Oriole Mills- 25 mph

The Town of Red Hook Highway Department has brought all illegal speed limit signs (20 mph, 30 mph) into compliance at this time. Residents often request speed limit reductions on Town roads. In order to reduce a speed limit, the Town must follow a required process. When a resident asks in writing for a speed limit reduction the Town board must agree to petition the Dutchess County Department of Public Works and the State of New York Department of Transportation. The County will receive a TE-9 form from the Town and if they have no objections to the request the county will send it to the NYSDOT. The NYSDOT will review the form and decide, based on design and accident history, whether or not to lower the speed limit. In recent years, the volume of requests has increased throughout the State of New York. The State has asked that Towns provide documentation and engineering studies along with the requests. These studies are time consuming and may be costly.

Residents can reach out to local law enforcement agencies to request enforcement on their roads if speeding is a concern. If you wish to ask for a reduction, please put your request in writing to the Town Board, the contact information can be found on the Town website, redhook.org.

To read more about how speed limits are set in our Town, please go to the following link: Procedure for Speed Limit Reductions

4. School Closings: Red Hook Central School District School closings due to weather are based on road conditions in the Town of Red Hook as well as other towns in the school district. While our roads may be cleared, other municipalities may still be plowing, depending upon elevation, location and weather severity.

5. How do I report a dangerous tree?: If a tree is touching wires, or blocking a road, call 911. Other tree issues can be reported to the Highway Department. We will evaluate the situation and determine if it is our responsibility. If it is not, we will let you know who to call.

6. I want to dig or excavate near the road. What should I know?: You will need to contact Dig Safe NY by calling 811 to make sure there are no utilities or wires underground. They will have features marked within a few days so you can proceed safely. Check out Dig Safely NY

7. Do I need a permit to build a fence or a stone wall along the road?: Before any construction, it is best to contact the Red Hook Town Building Department http://ny-redhook.civicplus.com/150/Building-Zoning for permit information. There are guidelines regarding building in the Town road right of way. The Building Department and the Highway Department will work with you to make sure you get it right the first time.

8. What is a Town road right-of-way?: The Town has a maintenance right-of-way on all roads, which is the area that we use to place snow, maintain underground utilities and mow or clear brush. Call the Highway Department and the Superintendent will tell you where the Town's right-of-way is on your particular road, usually 25' from the center of the road. We advise residents to keep all plantings and items out of the right-of-way to avoid damage and for safety reasons.

9. Does the town pick up brush or leaves?: No, there is no brush or leaf pickup or drop off program in the Town of Red Hook.

10. Where can I get wood chips?: Wood chips are available at the Town Recycling Center only during their operating hours and are free to anyone who wishes to pick them up.

11. Who do I call to report a dead deer?: If you live on a town road, contact the Highway Department. For a Dutchess County Road, call 845-486-2900. For a State Highway , call 845-758-6270. If the deer is not blocking the road, we will pick it up during normal business hours. The Town does not pick up deer on private property.

12. Town Winter Parking Ordinance: Parking is not allowed on Town Roads from November 15th until April 1st from 11:00 p.m. until 7:00 a.m. Snow plowing is an emergency operation and cars on the side of the roads can suffer damage, as well as impede clearing of the snow. Click here for the Winter Parking Code

13. Which roads are maintained by the Town of Red Hook?: Town roads are any roads that have been dedicated to the Town and accepted by the Town Board. Town of Red Hook roads do not include private, village, county or state roads.

14. Don't see your question?: Contact us at the Highway Department

15. What are the Town of Red Hook's requirements for mailboxes and posts?

The Town of Red Hook Highway Department considers safety a priority. The specifications are meant to further the safety of the travelling public as well as to support the function, maintenance and operation of the Highway system, including snow removal.

In addition to the rules and regulations of the US Postal Service (designed to allow postal drivers to reach the mailbox), the location and construction of mailboxes must conform to the Town's specifications are intended to enable a snow plow wing to pass safely under the mailbox installation. To read the Town of Red Hook's mailbox specifications, and requirements for posts and mailboxes, please go to the following link: /DocumentCenter/View/621/Mailbox-specifications17April2019

16. Where can I find specifications for a private road sign?: The Town of Red Hook's Specifications can be found here https://cornell.app.box.com/v/clrp-pb-tsh. You may also refer to the MUTCD Guidance for information on private road signs.

17. What are the basic guidelines for private road signs?

The basic guidelines for private road signs are as follows:

Height of Sign "blade": Minimum height 8"

Height of Lettering: Minimum height 4" Upper case and lowercase letters (length of sign blade will depend upon the length of the name)

Color of Sign: Blue background with white letters

Retroreflective materials, as per Manual of Uniform Traffic Control Devices (MUTCD) as published by the NYS Department of Transportation.

Pole: Ground mounting post must be 3 feet, with 4" above ground, not in concrete

Sign post attached to ground post: Minimum height from ground to bottom of sign is 7 feet

18. They paved my road and my gravel driveway is now lower than the asphalt edge.: After paving with a contractor, the Highway Department will fill in gaps created during paving on gravel driveways.

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Recycling Department FAQ's

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1. Where is the Town of Red Hook’s Recycling Center and The Goods Exchange located?: The Town of Red Hook’s Recycling Center and The Goods Exchange are located at Glen Pond Drive in Red Hook, NY.

2. Can all residents use the Town of Red Hook’s Recycling Center and The Goods Exchange?

The Town of Red Hook’s Recycling Center and The Goods Exchange are open to all residents of Red Hook that possess a current permit.

3. When are the Goods Exchange and the Recycling Center open ?

Items may be dropped off at The Goods Exchange on Wednesdays and Sundays from 7:30 a.m. to 1 p.m. Shopping at The Goods Exchange is Wednesday ONLY.

The Recycling Center is open Wednesdays from 8 a.m. to 1 p.m. and Saturdays from 7:30 a.m. 1 p.m.

4. When may I drop off my trash?

Trash may be dropped off on Saturdays only from 7:30 a.m. to noon. year round.

5. What does it cost to drop off trash?

Trash has a separate cash only fee per bag: $1.75 (10 gallon bag), $4 (30-33 gallon bag), $5 (34+ gallon bag). Large items will be charged a per item fee.

6. What kinds of items are accepted at The Goods Exchange?

Toys, books, magazines, games, sporting equipment, draperies, clothing, shoes, baby items, household tools, gardening tools, dishes, ceramics, cooking utensils, notions, ornaments, decorations, small functional appliances and some small furniture.

Items must have the approval of the Goods Exchange attendant. The attendant has the right to refuse any item.

Items may not be taken for resale.

7. What items are NOT accepted at The Goods Exchange?

No broken items accepted and no upholstered furniture of any size.

8. Will you accept propane tanks and appliances containing freon (including refrigerator/air conditioner/freezer?

Propane tanks and appliances containing freon (including refrigerator/air conditioners/freezers are accepted for a $15 fee.

9. What recyclables do you accept?

Comingled glass bottles and jars, metal and tin cans, plastics #1, 2, 3, 5 and 7 (rinsed with caps and lids removed, and then added to recycling)

Flattened corrugated cardboard

Comingled magazines, junk mail, catalogues, file folders, glossy inserts, office paper, greeting cards, newspaper, wrapping paper, brown grocery bags, phone books, paper only animal food bags, paperboard, cereal boxes, shoe boxes, clean milk and juice cartons, pasta boxes and soft cover books

Scrap metal, small appliances, metal tools, wire , machinery

Pizza boxes are not accepted.

10. I have old paint cans. How do I dispose of them?

For hazardous waste including poisons, chemicals, pesticides, certain paints and also e-waste such as computers, televisions and printers, contact Dutchess County for their collection schedule: 845-463-6020 or www.dcrra.org

11. Where can I recycle old eyeglasses?

Return eyeglasses to Lion’s Club at most eye care providers, M&T Bank and Northern Dutchess Hospital.

12. Where can I recycle styrofoam peanuts?

Take styrofoam peanuts and bubble wrap to local shipping and mailing stores.

13. Where can I bring medication needles?

Please contact Northern Dutchess Hospital for their take back policy.

14. Where can I bring unused medication?

Never flush! Drop unused medications at the Red Hook Police Department for proper disposal, 8 a.m. to midnight.

15. What can I do with waste oil?

Local garages will accept your waste oil.