Town Board Meeting Minutes 7-21-2008
Posted on: 8/26/2008
Date of Minutes:
07/21/2008
July 21, 2008 Town of Rhinebeck Town Board Special Meeting Minutes
PRESENT: Supervisor Tom Traudt Highway Superintendent Kathy Kinsella
Councilman Dod Crane 11 residents
Councilwoman Ellen Silverstein
Councilman Dan Staley
Councilman Bruce Washburn
Counsel Pam Richardson
At 6:30 Supervisor Traudt called this meeting to order.
Business/Discussion before the Board
- Rhinecliff Hotel update
Pam Richardson, legal counsel, explained the Town Board asked Gellert & Klein to determine if James Chapman, owner of Rhinecliff Hotel, has substantially met all the requirements necessary to authorize the building department to issue a permanent certificate of occupancy.
Gellert & Klein responded that "This project has been under review for a number of years, and the approvals predate our involvement. We were recently asked to consider the maintenance of certain improvements located in the Town right of way on both Grinnell Street and Shatzell Avenue. As part of the site plan approval, sidewalls, curbs and five catch basins were installed within the Town right of way. Additionally, without planning board authorization, two dry pipes and portions of the grease trap were also located within the right of way. Upon review of the site plan and as built plan, we determined that the ownership and maintenance of these improvements had not been addressed. Town Board approval is required to address these items. Therefore, while the issuance of a permanent certificate of occupancy is normally an administrative matter in which the Town Board does not participate, the property owner, Mr. Chapman has approached your Board in the hopes of expediting the process to obtain his permanent C.O.
The improvements at issue are noted below:
1. Sidewalks, curbing and five catch basins were built in the Town right of way, as part of the approved site plan;
2. Mr. Chapman also installed 2 pipes underneath Grinnell Street for a potential future connection between the hotel's wastewater treatment system and 2 private residences. These were not included on the approved site plan and were not discovered until after they had been installed; and
3. The preexisting septic tank has been incorporated into the hotel's wastewater treatment system and is being used as the primary grease trap for the restaurant. Piping extends from the septic tank under the sidewalk to a new pump station located on Mr. Chapman's property. A portion of both the grease trap and piping are located within the Town right of way.
Although not addressed in the site plan approvals, the sidewalk and curbs appear to be public improvements. Additional, the catch basins serve both the hotel and other properties in the area. They therefore serve both a public and private function. The Town Board will have to determine if it wants Mr. Chapman to dedicate these improvements, and accept the attendant maintenance obligations. In addition, a portion of the effluent leaving the hotel travels through pipes located under the right of way, back into the pump station located on the property. The ownership and maintenance of these pipes should also be resolved.
Generally, public improvements, such as sidewalks and curbs are dedicated to the Town prior to signing of the site plan. Additionally, where private improvements, such as the grease trap and dry pipes, are located on Town property, the Town should grant the property owner an easement to maintain same. The granting of an easement is subject to a Permissive Referendum pursuant to Town Law 64(2). This is also generally done prior to the signing of the site plan.
Mr. Chapman has agreed to complete the required procedural items after the issuance of the permanent certificate of occupancy. Under the circumstances, where all the improvements have been made and it appears that all other sign offs have been obtained, if the Town Board elected to authorize the Building Department to issue the permanent certificate of occupancy pending resolution of these matters, we would recommend the following be resolved prior to such authorization:
- written assurance from Mr. Chapman, in a form acceptable to the Attorney to the Town, that he will diligently pursue and complete all outstanding items;
- execution of a maintenance agreement, in form approved by the Attorney to the Town, for private improvements such as grease trap, pipes, septic tank;
- written assurance from Mr. Chapman that he will not connect the dry pipes located under Grinnell Street and Shatzell Avenue unless and until all requirements of Town and State law are complied with, including, but not limited to, site plan amendment, formation of transportation corporation, approval of Dutchess County Water and Wastewater Authority Department of Health approval, etc., if required:
- written agreement by Mr. Chapman to dedicate any of the improvements to the Town, if the Town determines that such dedication is appropriate;
- execution by Mr. Chapman of a hold harmless agreement and indemnification for any work done by Mr. Chapman or his agents within the Town right of way;
- bond/escrow in an amount sufficient to operate and maintain the improvements in the event same fail prior to resolution of all outstanding issues, which amount shall be determined by the engineer to the Town; and
- written acknowledgement that if any of the conditions required herein are not complied with or, if for any reason, after reasonable diligence by the Town to grant Mr. Chapman the necessary easements, the Town is not permitted to do so under the law, the permanent certificate of occupancy will be revoked.
Signed Pamela Richardson, Gellert & Klein
James Chapman stated it would be catastrophic if a public referendum was required. That could take another 2-3 months to obtain a C.O. Kathy Kinsella said there are still outstanding issues regarding the sidewalk maintenance, curbing, 5 catch basins, grease trap and dry pipes under the road. Kathy suggested that the Town not take ownership of the sidewalks. Pam suggested having the Building Inspector make sure all conditions have been met. Mike Trimble said Planning Board conditions have been met. She also said this letter is just offering opinions; it is up to the Town Board to make the final decision. Tom asked if the maintenance agreement is in place can the Board move forward and Pam said absolutely.
Ms. Richardson also wants the Town Engineer to decide the amount for the escrow deposit. Councilman Staley suggested we provide our guidance tonight and get the agreement drawn up for the July 28th meeting. Everyone agreed. Bruce asked James Chapman, Kathy Kinsella and Mike Trimble if they were also in favor and they all were. Dod asked that the Board have an e-mail draft by Friday, July 25th.
2. TOWN OF RHINEBECK LOCAL LAW 3 OF 2008
A LOCAL LAW OF THE TOWN OF RHINEBECK, DUTCHESS
COUNTY, NEW YORK, AMENDING LOCAL LAW OF 6 OF 2007
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF RHINEBECK AS FOLLOWS:
SECTION 1. Section 2 of Local Law No. 6 of 2007 is hereby amended as follows:
The Town Board of the Town of Rhinebeck, in 2002, created a Comprehensive Plan Committee to act as Special Board pursuant to § 272-a(4) of the Town Law for purposes of preparing a proposed Amended Comprehensive Plan for the Town of Rhinebeck.
The Town of Rhinebeck Comprehensive Plan Committee, by Resolution dated April 17, 2006, presented a proposed Comprehensive Plan to the Town Board and recommended to the Town Board the adoption of said proposed Comprehensive Plan.
The Town Board, by Resolution dated May 9, 2006, accepted receipt of the proposed Comprehensive Plan from the Town of Rhinebeck Comprehensive Plan Committee for purposes of initiating the review and adoption procedures as prescribed in § 272-a of the Town Law. The Town Board also designated itself Lead Agency for purposes of commencing the SEQRA review; classified the action as a Type I Action under SEQRA; and determined that a Generic DEIS ("GDEIS") shall be prepared in conjunction with the SEQRA review of the Comprehensive Plan and that the said GDEIS be prepared by the Town's Consultant Planner, Greenplan, Inc. The Town Board determined that Scoping for purposes of focusing on the GDEIS on potentially significant adverse impacts and to eliminate the consideration of those impacts that are irrelevant or non-significant in conjunction with the SEQRA review of the Comprehensive Plan pursuant to § 617.8 should be conducted and held a public meeting on May 22, 2006 for purposes of allowing the public and interested agencies to provide their input on the Scope of the GDEIS pursuant to § 617.8(e). The Town Board also conducted a public Hearing on the proposed Comprehensive Plan for June 19, 2006 in accordance with the requirements of § 272-a(6) of the Town Law.
The Town Board has also directed the Town's Consultant Planner in conjunction with a Subcommittee of the Comprehensive Plan Committee to continue to work on draft amendments to the Zoning Law to reflect the recommendations for changes in the Zoning Law, as set forth in the proposed Comprehensive Plan.
The Town Board has appointed an Open Space and Affordable Housing Committee and as retained the service of Phillips Price Shapiro Associates to assist the Committee in developing an Open Space and Affordable Housing implementation Plan ("OSAH"). The OSAH will be incorporates into the Comprehensive Plan and Zoning Law to help insure that the Town's goals of open space and affordable housing for the Rhinebeck community can be achieved. It is anticipates that the OSAH Implementation Plan will be completed in final form in the near future.
As a result of input received from the public and the Dutchess County Planning Department, the Town Board had determined to prepare the amendments to the Comprehensive Plan and the Town's Zoning Law, and the OSAH, simultaneously and prepares a single DGEIS in conjunction with the adoption of the plans and the law. The Town Board concluded that this process would be substantially more beneficial to the community than adopting the Comprehensive Plan, OSAH and then the Zoning Law at the later date. The Board also determined that such a process would have the advantage of implementing the recommendations contained in the Comprehensive Plan and OSAH and providing the details necessary for the community and the Town Board to fully understand the implication of the plans.
The Town Board has also retained the services of AKRF Environmental and Planning Consultants to assist in reviewing and making necessary substantive and editorial changes to the Comprehensive Plan in response to comments received from the public, Town Board and the Dutchess County Planning Department. In addition, AKRF has, and will be, assisting the Town Board and its consultants in the Environmental Review of the plans and the Zoning Law and in conduct of certain environmental studies such as traffic studies, which will be incorporated in the DGEIS.
The Town Board has also appointed a task force consisting of members of the Town Board, the Comprehensive Plan Committee and the Town's Planning and legal consultants which has been meeting on a regular basis to help implement these projects and goals. The Town Board has established a projected timetable for completion, and adoption, of the Comprehensive Plan, OSAH, DGEIS and amendments to the Zoning Law which contemplates a vote on the Comprehensive Plan, OSAH and Zoning Law by the end of April 2008. However, the Board recognizes this is an ambitious timetable for completion of all of these tasks and it is possible that the Town may exceed its projected timetable.
The proposed Comprehensive Plan received by the Town Board from the Comprehensive Plan Committee recommends that the Town Board implement several substantive changes to its existing Zoning Law, including, but not necessarily limited to: (i) increasing the required minimum lot sizes and adjustment of corresponding bulk requirements in portions of the R5A Zoning District to 10 to 20 acres; (ii) retention of the existing residential five (5) acre Zoning District (R5A) for the largely developed residential lots immediately East of the Hamlet of Rhinecliff; (iii) retention of the existing residential one (1) acre Zoning District for the largely developed residential lots fronting on Rhinecliff Road between the Village and the Hamlet; (iv) increasing the required lot sizes in the R3A District to six (6) acres and adjusting corresponding bulk requirements; (v) rezoning of the entire R1A District South of the Village and East of Route 9 to the a new Rural Agricultural-6 Zoning District; (vi) rezoning the entire R1A District North of the Village and West of Route 9 and portions of the R1A District North and South of Rhinecliff Road and West of the Village to a Rural Agricultural -10 Zoning District; (vii) rezoning a portion of the R1A District West and Southwest of the Village and North and South of the Rhinecliff Road to a new Historic Preservation Zoning District; (viii) creation of two (2) Traditional Neighborhood District (TND's), one adjacent to the Hamlet of Rhinecliff and the other located on Astor Flats; and (ix) elimination of the Planned Residential Development and the Planned Unit Development Districts.
In July of 2007, the Town Board adopted Local Law 6 of 2007, which imposed a one year moratorium on major subdivisions and on specified development types and uses within the Town of Rhinebeck for a period on one year. That Local Law is scheduled to expire on or about July 25, 2008.
In light of all of these factors, it is appropriate for the Town Board to enact a further Moratorium on certain development within the Town in order to prevent land use development which may be prejudice, and be inconsistent with, the Town's Comprehensive Plan, OSAH and/or new or Amended Land Use Laws or Regulations which may be enacted and/or approved by the Town Board. The Town finds that appropriate interim measures must be taken in the form of a further moratorium on the review and approval of certain development and uses while recognizing that there may, in the future, be a need for a moratorium on additional development and uses, as the adoption of the Comprehensive Plan and Amended Zoning Law, and other amended or new Land Use Regulations comes closer to fruition. The Town Board also recognizes that it is appropriate to provide mechanism for property owners or sponsors of proposed development to seek relief from the provisions of this Moratorium Law upon a showing of hardship, and a variance procedure has been provided in this Law for that purpose.
SECTION 2. Section 4 of Local Law No. 6 of 2007 is hereby amended as follows:
The Law shall be in effect until December 31, 2008.
SECTION 3. Severability
The invalidity of any provision of this Local Law shall not affect the validity of any other provisions of this Local Law which may be given effect without such invalid provision.
SECTION 4. Supersession of the Town Law.
This Local Law is hereby adopted pursuant to the Municipal Home Rule Law § 10(l)(i) and (ii) and Subparagraph (a)(11) and (12) and shall supersede the provisions of the Town Law, § 267-b, § 274-a, § 274-b, 276, 277, 278 and 279 of the State of New York and any inconsistent provisions set forth in Article 16 of the Town Law and the provisions of Local Laws Numbers 3, 6 and 8 of 2005 and Local Law Number 3 of 2006 and Local Law Number 7 of 2007.
SECTION 5. This local Law shall take effect immediately upon filing in the Office of the New York State Secretary of State in accordance with §27 of the Municipal Home Rule Law.
Pam explained this local law is simply a correction of a procedural error in Local Law 2 of 2008. Neil Alexander questioned if this was correcting the error of the Planning Board not reviewing and Counsel stated yes, it is a procedural correction.
Councilman Dod Crane aye
Councilwoman Ellen Silverstein aye
Councilman Dan Staley aye
Councilman Bruce Washburn aye
Supervisor Traudt aye
Certified this 21st day of July, 2008 by Town Clerk Barbara Cunningham
3. Dan motioned and Ellen seconded to approve the hiring of Rosemary Edwards-Pitch at the cemetery as pert time working 2-3 days per week not to exceed 6 months at $11.00. All were in favor.
4. Dod suggested a prep meeting with all the Comprehensive Plan consultants, planners and lawyers before our August 14th scoping session. Bruce wants this meeting to be held in public. Dod suggested attaching it to the August 14th meeting but then Sally stated she will be away. The Town Clerk will email Michael Zarin, Ted Fink, Warren Replansky and Graham Trelstad for a pre August 14th session the week of August 4th. and get back to the Board at the July 28th meeting. Michael Trimble pointed out that the new sub division regulations also need to be approved simultaneously.
Dod asked if Bruce could forward him the document showing the dollar amount of expenses for the Comprehensive Plan that he has come up with. Bruce said the Finance & Controls Committee is trying to finalize. Dod would like a copy by this Friday.
Adjournment
At 7:35 on motion from Bruce and second from Dan this meeting was unanimously adjourned.
Respectfully submitted
Barbara Cunningham
Town Clerk