Town Board Meeting Minutes 12-15-08

 

 

DECEMBER 15, 2009

TOWN OF RHINEBECK TOWN BOARD MEETING MINUTES

 

At 6:15 Supervisor Traudt opened this special workshop meeting in the Rhinebeck Village Hall.

 

PRESENT: Supervisor Tom Traudt, Councilmember's Dod Crane, Dan Staley, Ellen Silverstein and Bruce Washburn, Special Counsels Warren Replansky and Michael Zarin, Consultant Ted Fink and Comp Plan Chairperson Sally Mazzarella. Also about 14 residents were present.

 

Mr. Replansky explained that the Town is at a point that certain tasks need to be accomplished since the public hearings on the three actions and the DGEIS have been closed. The consultants have distilled what we think are the most important issues and now the Town Board must give us the direction they wish to pursue. We will try to look at 19 different points tonight.

 

1. Astor Flats TND - options are: 1. retain as is 2. eliminate TND and substitute commercial complex/residential 3. retain but scale down 4. move TND to Jesselson side of Route 9 or 5. floating TND which would identify certain areas in Town but the consultants don't recommend. The options we focused on were retaining the Astor Flats area but scaling it down and address impact the residents brought forward or move to the west side of Route 9 (Gesselman property). The TND is an important lynchpin in the Comp Plan.

 

Michael Zarin summarized Graham Trelstad's memo suggesting a reduction in the Astor Flats TND from 325 residential units to 167 and commercial/office space reduction from 100,000 square feet to 30,000 square feet. The Jesselson property would be approximately 170 units with 20,000 commercial and 10,000 office space. Supervisor Traudt asked if the Old Post Road TND is with Mr. Jesselson consent and Warren replied Jesselson's attorney feels this property is better suited for a TND. Sally Mazzarella said they are about 1,200 acres on this parcel and the Comp Plan did meet several years ago with Mr. Jesselson and he did have an interest in developing their land at that time. A very modest commercial component would serve the people who live there. She pointed out that the alternative to the Astor Flats development would be developing close to Route 9 with no development behind Stop & Shop. Michael Zarin said the single ownership of the Jesselson addresses a more unified position where Astor Flats has several owners. Mr. Replansky said if the Jesselson idea is pursued, it would require amendments to the Comp Plan.

 

Dan Staley asked about floating TND's and Sally replied that traditionally TND's are close to a village type setting and transportation network. They are never located in rural areas. She also suggested having TND's on both properties and Ted Fink doesn't think that is a good idea with Route 9 dividing them. Jesselson's property also has environmental constraints. Michael Zarin asked the Board to give us a sense of direction so we can concentrate our energy either on the Gesselman or Astor Flats property. Since this proposal is considered a response to public comments during a public hearing, a new public hearing is not required. It would be addressed in the FGEIS. The Board was polled and all are interested in looking at the Jesselson property possibility. Warren stated it would be different that the Astor Flats TND in that it would be more residential with a small commercial development. Sally suggested retrofitting the existing commercial area into separate shops maybe 1,500-2,000 square feet each. Ted pointed out that the down side to the Jesselson property is you are farther away from transportation. We need to create an environment where people don't need cars. Graham's office did not do a traffic study for this site so it will need additional traffic analysis. Sally suggested creating a walking path. Dod suggested looking at 300 units on this parcel. Warren said they will pursue the Gesselman idea; it looks like everyone is happy with this suggestion. The Board unanimously agreed not to pursue any further TND on Astor Flats.

 

2. Senior citizen housing for the Holy Cross site

Michael explained this is a unique zone with existing sewer and water system. The infrastructure is already there. There is a 25% affordable housing in our proposal. You can increase affordable housing or density. Tom stated that offering affordable housing in Rhinebeck is our goal. Ellen asked if 50 units on this site would that reduce the Gesselman number? Dan suggested 160 units with 40 affordable with possible bonus density. Dod would like to eliminate the Rhinecliff hamlet extension because the land does not support development. The clay soil doesn't leach well. Dan wants to encourage Rhinecliff development. Warren reminded all to re-focus on the Holy Cross site. Based on Town Board input Michael presented zoning that allows up to a 200 unit senior citizen development under a special permit. Every market rate unit over 100 units would require 1 affordable unit. All Town Board members agree that this zoning alternative should be studied by consultants to determine if it is viable.

 

3. Affordable housing mandate

Warren stated the proposed zoning is calling for a mandatory 20% provision for affordable housing. Dutchess County Planning feels this is too high and should be reduced to 10%. The Board was all happy with the 10% except at Holy Cross.

 

4. Change allowable civic land to creation of affordable housing opportunities.

All agreed with this concept.

 

5. Transfer Development Rights

Michael explained the current zoning law does not provide for a TDR district. To simplify the TDR it might be a good idea to put on certain properties in the 20 acre zone. In the future this can always be changed. Warren said it has been suggested that a way to solve some of the down zoning impact on land owners within the current 20 acre zone is a simplified TDR provision be put in the Zoning Law which would allow transfer of development rights from certain properties within the 20-acre zone which the Town chooses to see preserved in its' present state, to other properties in the 20 acre zone where higher density development could happen. Tom is concerned about the agricultural farmers. And Warren assured him that they could transfer rights at a 5 acre density rather than the 20 or 10 acre density. Dod asked if there was an income requirement, he wants to see true working farms eligible. All working farms, owner occupied could transfer out. Tom agrees. Sally was concerned that if all lands in the 20 acre zone are considered agricultural lands and would go to 5 acre zoning then it would defeat the purpose of the 20 acre zone. She supports this idea with a clear definition of what qualifies as agricultural lands. The consultants will develop appropriate zoning reflected from these issues. Dod stated that of the 24,000 acres of land in the Town, 6,000 are actively farmed. Michael feels we need to refine the definition of working farms and the receiving zones.

 

6.Increase density in 6 and 10 acre zones

Warren said the consultants suggest changing the 6 acre zone to 5 acre and keep the 10 acre zone intact. Mr. Zarin said there has been some criticism that we have too many zones. Dan support alternative 3 in the DGEIS. Dod feels the build out is too high. He would like a yard stick. Is there a way to thumbnail a 1 time subdivision. Ted could possibly due an estimate. Ellen prefers clustered housing with 80% open apace. Ted replied that you cannot require 80% in the 3 acre zone, it is not practical. Dan Staley appreciates all the work from the Comp Plan Committee, consultants but he is not comfortable with some of your decisions. Michael Zarin replied that when rezoning the financial climate should be looked at. Dod feels that the job is not to defend today's zoning but to legislate for the future.

The Board reached consensus and they are now proposing the 6 acre district become 5 acre with the ability to split off 1 lot under existing density. Proposed 10 acre zoning would remain.

 

7. Reduction of 20 acre district

The Town Board members agree that the 20 acre zone is appropriate for areas west of River Road and Morton Road and should be reduced to 10 acres on property east of River and Morton Roads. This would require some modification to Comp Plan mapping and minor changes to Zoning Law. All agreed.

 

8. LEEDS provision

Dod asked if this could be discussed at another meeting since there is a lot of technical stuff. Maybe Ted could come back with more information. All agreed to pull this off tonight's discussion.

 

9. Environmental constraint subtractions in net density for conservation subdivisions.

In calculating the net density of a property for application of conservation subdivision there will be a subtraction from the gross density for environmentally constrained lands such as wetlands, streams and steep slopes over 25%. Consultants think eliminating the environmental constraints in the 10 and 20 acre districts and keeping them in the other districts. Sally wants these deductions applied only in the 10 and 20 acre zone. All agreed with Sally's suggestion.

 

10. Planning Board comments, Ted's errata sheet and CAC comments on Wetlands Law

Ted has reviewed the CAC recommendations on changes to the proposed Wetlands Law and feels they are not problematic. Due to the storm damage at his home he could not have these changes ready for tonight but will provide at a later date. The Planning Board recommended some amendments to the Zoning Law which will also be provided.

 

11. CAC-LWRP Consistency Law Review Comments

Ted will also respond to these comments. Michael Zarin said the Board must make Consistency Findings.

 

12. CrB District Comments

It was pointed out by the Turner Miller Group and Joseph McGowan that the allowable uses are overly restricted. Ted and Sally will work on these comments.

 

13. ZEO's. Linda Souers and Rod and Gun Club comments

Warren thanked Jack Maasz for his thoroughness in compiling his comments. Warren will review all comments concerning these components and make the necessary amendments. There are many concerns about the noise level at the Rod & Gun Club. Linda Meredith and Spero Chumas have pointed out discrepancies in the noise ordinance. The new law is more liberal and we may need to look at this. Warren will do further work on this issue.

 

14. Steep Slopes

Warren said two landowners feel we are being too restrictive on development on steep slopes. Ted will review those comments to see if they have merit and if changes are necessary. He feels it should be left up to the Planning Board to look at each applicant individually.

 

15.Adaptive Reuse of structures in Home Occupation Uses

Drayton Grant would like to see historic accessory structures cap square footage modified. Ted feels there can be some loosening of barns or separate structures. Adaptively reusing existing structures is important. Ted and Sally will work on this issue.

 

16. Mining Overlay District

Warren explained that the intent was to limit mining to existing mining sites. The issue is do we want to revisit this district or allow mines to expand beyond their present DEC approved mining area. The Town has received DEC notification that one of the approved mines in Town wishes to expand their territory. Michael reiterated the issue is to either expand or limit mining. We cannot be motivated by existing applications. The Board would like to revisit the possibilities with this issue.

 

17. Affordable Housing

Warren stated that Dutchess County Planning has recommended some changes. Ted will review these suggestions but Board needs to give us direction. Dod wishes to eliminate the hamlet extension in Rhinecliff. More development on those soils is not wise. The increase in traffic is another concern. It is not a suitable site. Ellen agrees with Dod, this is a unique area. Dan is in favor of developing and disagrees with Dod because we have already lowered to proposed 90 units to 49. Bruce questioned if only 49 was a valid planning practice. Sally stated that the Committee felt strongly that growth should occur near the hamlet. We came up with 49 due to economics of building a new road out to Rhinecliff Road. Ted pointed out the area has water supply, AMTRAK and an existing hamlet. Dan feels that Rhinecliff is only a portion of our population. Dod absolutely cannot support this concept. Michael asked for a poll; Ellen and Dod are against and Dan and Bruce are in favor and Tom is not sure. It was agreed that this would be discussed at another workshop.

 

Michael recapped that in February the FEIS, if complete, will be distributed to the public and then a determination will be made if other public hearings are necessary or just take written comments. We will prepare findings for the County to review then we can vote on Zoning, Freshwater Wetlands and Comprehensive Plan. You have resolved a lot of issues for us tonight and we shall proceed accordingly.

 

Sally thanked the Board for their input; a lot of material was covered to.

 

At 9:35 on motion from Dan and second from Ellen, this meeting was unanimously adjourned.

 

 

Respectfully submitted

 

Barbara Cunningham

Town Clerk