Town Board Meeting Minutes
Posted on: 9/19/2007
Date of Minutes:
06/25/2007
JUNE 25, 2007 TOWN OF
BOARD MINUTES
At 6:50 Supervisor Block
opened the meeting with Paul Niedercorn, Ellen Silverstein and Linda Souers
present. Town Counsel Warren Replansky
also present.
LOCAL LAW 5 OF 2007 - KALINA DRIVE
NO PARKING PUBLIC HEARING
At 6:53 the Supervisor opened this hearing and
welcomed public participation.
TOWN
OF
LOCAL LAW NO. 5 OF 2007
BE IT
ENACTED by the Town Board of the Town of
Section 1. This Local Law shall be entitled “A
Local Law Amending Local Law No. 2 of 1972 to Prohibit Parking on
Section 2. There shall be no parking on the north
side and the south side of
Drive
Rhinebeck/Red Hook Town line.
Section 3. A violation of any provision of this
Local Law shall be deemed to be a traffic violation and shall be subject to
such penalties, removal, impoundment, administration and enforcement as is
prescribed in Local Law No. 3 of 2000.
Section 4. It is a traffic violation for any person
to violate any provision of this Local Law as provided in Vehicle and Traffic
Law §1800.
Section 5. If any provisions of this Local Law are
held to be unconstitutional or otherwise invalid by any court of competent
jurisdiction, the remaining provisions of this Local Law shall remain in
effect.
Section 6. This Local Law shall become effective
upon filing with the Secretary of State.
Rich Matthies, Mobil
gas station and convenience store owner, stated his neighbor behind him has
been instrumental in this local law.
There has never been a problem, this is a commuter lot situation and
people are only trying to save on their gas expenses. They need a place to park. He strongly objects to this law, with the
high cost of gas residents are ride sharing.
Please reconsider this proposal.
It is not hurting anyone and the Town has no liability.
Paul Niedercorn
asked Mr. Matthies if
residents park and come into your store and Rich said yes. He has never had anyone complain until this
neighbor moved in. It is not an eyesore. Paul also questioned if Rich thought this was
a safety issue and he doesn’t think so and suggested maybe limited the parking
to a certain time limit.
Steve says we are dealing
with two issues: business concerns and
the commuter situation. He wondered if
there was alternative to the commuter lot.
Linda feels we need to be good neighbors and the Town of
lot is on Town property and the ZEO would make any determination on the legal
status. The Board could limit the parking;
it is not a matter of legal or illegal.
This is an ad hoc parking situation.
Paul Telesca
submitted a petition with 50 names several months ago and tonight has submitted
3 letters of support. He says 18
wheelers are parking here and it is a very dangerous situation. Parking should not be allowed at all. It is blatantly illegal. The neighborhood wants it stopped. Ellen Silverstein asked why more residents
are not here tonight if they are so upset.
Woody Dierze has
been traveling past this intersection since before the Mobil Station was ever
there. Cars were parking there long
before the development was ever built. I
have never seen any accidents. The
situation existing long before any of these residents purchased their
property. He asked who picks up the garbage and Rich
Matthies stated if there is any, he cleans up the area.
Nathan Kalina is
against the parking. It is a dangerous
situation and does not enhance the entrance to the development. Mr. Kalina remembers the original design of
the gas station having entrances only on Route 9G. Karen Telesca wants the damage to her front
yard stopped. These 18 wheelers are
actually ruining her lawn. Her husband
wants Mr. Matthies to enlarge his lot since these trucks are stopping at his
place.
Sally Mazzarella
says the situation has gotten out of hand.
It makes no sense for this to occur.
Businesses should accommodate for its needs.
At 7:36 this hearing
was closed.
Linda Souers would
like to pass this law and look into the commuter situation. Ellen would like to find a commuter lot or
limit time. Paul would like to revisit
this to see if it actually works.
should be asked to review the site plan to make sure there are 3
egress/ingress. This action is a Type II
under SEQRA.
ROLL CALL VOTE:
Councilman Dod Crane
absent
Councilman Paul
Niedercorn aye
Councilwoman Ellen
Silverstein aye
Councilwoman Linda
Souers aye
Supervisor Steve
Block aye
MARY MYERSON request to form sewage works
corporation.
George Rodenhausen,
attorney for Mary Myerson and Bob Partridge, stated the Town Engineer has
reviewed this plan and has made a recommendation to the Town Board that his
clients should post a performance bond for 5 years. The municipality is not required to take over
the system; however there is a mechanism in place if the Town wishes to take
over. This Bioclere system is for 2
homes. Ray Jurkowski has written that no
design plan has been submitted so his office does not have sufficient
information to make a recommendation.
Board needs Ray approval before proceeding.
Marcos Mello, CAC
member, wants to register the CAC concerns.
Proper review is a necessity and the effluent cannot run into the Landsman
Kill. We need assurance that the systems
lasts more than the 5 year period that is being talked about at this
meeting. The proper size of unit is
imperative. Greg Sokaris, Executive
Director of Wilderstein, wants to bring attention to the abandoned road as a
possible connection between the Glenburn Estate and Wilderstein. Mike DeCola, owner of property across the
street, supports the idea of this advanced system but he also feels this is an
opportunity for the Town Board to pay attention to the original
subdivision. This abandoned road was
suggested to be kept open to the public.
It is a great opportunity to keep this road open and develop the trail
down through Southlands.
George Rodenhausen
reminded the Board that the Planning Board approved this sub division 3 years
ago. In order to build, the Myerson’s
need a septic which is impossible on the terrain of this property or this
Bioclere system. The Department of
Health has said they prefer the treatment plan that discharges to the Landsman
Kill. The Bioclere is a simple system
which both the Department of Health and DEC must approve. It is a straight forward unit. They Myerson’s don’t want to spend $15,000 on
an engineer’s plan before approval by the Town Board. The Town engineer will get these plans but we
don’t want to move forward without your approval. You are just consenting to develop Transportation
Corporation. You can approve with conditions. Steve questioned why the trail is such an
issue with the owners. George replied
that this is private property and they don’t want the trail open to the general
public.
Linda pointed out
that there is potential impact of polluting the Landsman Kill. We need to investigate the Trail
possibility. Developers need to give
back to the community and we need to look at the impact to our Town. George doesn’t want to leave here tonight
with people thinking this system will pollute.
It is a safe system. Ellen doesn’t
feel we can hold the homeowner hostage over the trail situation.
stated that this trail has been abandoned by non use so the property reverts to
the property owners. He also said that
the problem with the proposal is that the Transportation Code section states
the Town Board needs plans before they can consent. The only solution is to work out an agreement
with the DEC and the DOH and then the engineer can review and give preliminary
approval.
Mike DeCola is
surprised that with the Transportation Corporation that the Town cannot
negotiate for the trail development.
This is such an important link in the trail system. Steve Mensch pointed out that this trail was
never official abandoned but because of non use it reverts back to the property
owner. The trail that everyone is
talking about skirts Mary’s property and continues over to my property. He wants to encourage Mary to look at the
benefit to the community of opening this trail.
Sally Mazzarella is
in a difficult position. Mary and Bob
will definitely enhance the property and the uniqueness of this system is their
only option because of the challenges of the site. I believe that this piece of trail is an
important part for the linkage to other properties but I understand their concerns
about public access. Bob Partridge feels
the trail issue is an outside issue and should not be discussed here tonight in
connection with the Transportation Corporation.
Mary Myerson is very surprised at tonight’s memo; Ray never asked us for
additional information before giving his approval.
2. David Queen
request to purchase easement from Town to gain access to his property adjacent
to the
Cavell, attorney for Mr. Queen, explained he wishes to purchase an easement
from the Town since his lot is land locked.
He was denied a building permit since there is no road frontage. The issue is now whether or not the Queens
have a right to the easement by necessity.
The proposal which Warren Replansky has discussed seems like a good
solution; 40 foot wide access from
property. A flag lot only needs a 40
foot driveway. Mr. Bookout said that the
price per acre should be $5,012 and since this would be 0.6 acres so 90% of fee
simple right would be $3,067. This is
the
Paul Niedercorn asked
if we can move the easement and Warren suggested conditioning if the Town needs
access to the Transfer Station we have the right to utilized for that purpose
and re-locate driveway. Linda questioned
the value of the lot without the easement.
The owner has a relative with an adjoining lot, why can’t they go to
these relatives to purchase an easement?
Paul feels the value should be what the Town thinks it is worth. Rachel pointed out that the driveway from
Pells would be a lot longer and it is very marshy and hilly. Kathy Kinsella stated that purchasing the 40
foot easement does not guarantee a driveway permit. She wouldn’t want the property owner to think
that with this easement that the driveway permit is automatic. Don’t take that for granted.
said that all the driveway permit standards need to be met by the property
owner. The application to the Town Board
is for open development. The issue is
access. The Town could have the
applicant fund a second appraisal to see if this offer is acceptable. Steve Block’s concern is public policy, is there
larger implication here? Rachel stated
that emergency vehicles need access and the road really exists already. The previous owner has uninterrupted access
to this road. This access existed before
the Transfer Station was built.
No vote taken.
3. Moratorium
extension to July 2008.
like to enact this before the July 31 deadline expires. He will write Roger Ackley to help speed up
the
meeting. Linda motioned and Ellen
seconded to hold the public hearing at 6:50 on July 9th. All were in favor.
4. The AKRF traffic
study has been received and they wish to discuss it with the Town Board at the
next meeting. Steve will put on July 9th
agenda.
5. Rhinecliff Hamlet
Advisory Council request for space re-striping inside the municipal lot. Sharon Rushton explained they would like to
have a handicapped spot which will decrease the number of spaces to 15. Steve said the highway department can take
care of this; it doesn’t need Town Board approval.
Joel Tyner said the County is expanding its
website. He is holding a forum at Town
Hall about the possibility of local currency on June 23rd.
6. Paul motioned and
Ellen seconded to approve the following capital projects:
#31
Town Hall Improvements Abs
6 vou 9, check 2473 $ 882.87
#38
Repair/Maint.Parks & Rec
Abs 9 vou 17-18 2474,2475 $4,783.00
#43
Stone Church Rec
Abs 6 vou 6 2476 $ 473.91
#78
Cemetery Improvements Abs
7 vou 9-10 2477 $279.00
All were in favor.
- On motion from Ellen and second by
Paul Abstract 6B was unanimously
approved for $71,187.14.
At 9:35 the meeting
was adjourned on motion from Linda and second by Paul.
Respectfully
submitted,
Barbara Cunningham
Town Clerk