Rhinebeck ZBA sets hearing after landowners appeal citation for farm storage shed

The Rhinebeck Zoning Board of Appeals voted Feb. 19 to accept for public hearing an appeal by Justin and Andrea Tobin of a November zoning enforcement determination that classified a farm storage structure on their RC-5 property as a “temporary private garage.” The board scheduled a public hearing for March 19 and said it will conduct a site inspection before making a decision.

The Tobins, represented by attorney Kyle Barnett of Bandwidthaer & Bandwidthaer, told the board they own two contiguous lots (about 15 acres and roughly 9 acres), live on the property full time and have begun using portions of the land for agricultural production. Barnett said the storage structure is sited away from the principal residence and is used to store tractors and agricultural equipment. “The structure is not being used as a garage,” Barnett told the board, arguing that the town's code definition of garage requires vehicle storage and that the structure is instead part of an agricultural operation.

Barnett also cited the town's right-to-farm provisions and state agricultural law, saying agriculture is a permitted use in the RC-5 (residential/agricultural) district and that small farm buildings that support agricultural activity are allowed. Board members and neighbors asked about lot coverage, setback rules and whether there are minimum acreage thresholds in local law; town staff and counsel said there is no minimum acreage in the town code for conducting farming operations but that income thresholds and separate procedures apply for certain ag exemptions.

The board found the application complete and voted to set a public hearing for March 19 and to perform a site inspection before any final action. The public hearing is the forum in which neighbors will be able to present evidence, the applicant may respond and the board will consider whether the zoning enforcement officer's determination should be upheld, modified or overturned.

The zoning enforcement officer and the notice of violation were referenced repeatedly in the presentation; the officer's precise wording and the original notice were entered into the record but the ZBA did not reverse or modify any enforcement action at the Feb. 19 meeting. The board's acceptance of the appeal means the parties will have a formal hearing and an opportunity to supplement the record with site photos, maps and testimony.

The Tobins' appeal was introduced by Kyle Barnett, the applicants were present, and the board chair announced deadlines and the next hearing date. The ZBA indicated it will subsequently perform a site visit to inspect the structure and its relationship to the residence and neighboring parcels.