Town Board Special Meeting Minutes

January 29, 2009 Town of Rhinebeck Special Meeting Minutes

Call to Order

Supervisor Traudt opened the meeting promptly at 6:00 with board members Dod Crane, Dan Staley, Bruce Washburn and himself present.

1. Dod motioned with Dan seconding to approve December 2008 Abstract 1 vouchers 1-79void, and checks 4453-4502, voiding 4439 for $109,038.45. Bruce explained these are the vouchers from the January 26^th meeting for the remainder of 2008 which were not approved; they are all signed now. There is also 12 days of 2009 in abstract 1C (item #3 on agenda). Dod also asked for verbal approval for Bill McGann to attend assessor training seminar at Clarion Hotel in Waterloo, not to exceed $100. All were in favor of original motion and Mc Gann's expense. It was then motioned by Bruce and seconded by Dan to have abstract to Town Board members at least 1 business day prior to Town Board meeting date; e.g. Friday if Board meets on Monday. All were in favor with 4-0 vote.

1.. Dan moved and Dod seconded to approve December 2008 Abstract 1B, voucher 80-86, check 4510 -4514 for $9,697.27. Motion carried 4-0.

2. On motion from Dan and second from Dod the January 2009 Abstract 1C, vouchers 87-140, voiding 4558, checks 4516-4529 and 4533-4559 for $147,773.33 was unanimously approved 4-0.

3. Dod motioned and Dan seconded to approve Capitol Project 62 Rhineson Property Abstract 1, voucher 1checks 4504 for $6,293.48 and Capitol Project 27 Town Landing ABS 1, voucher 1, check 4503 for $868.59. All were in favor.

4. Dan motioned and Dod seconded to authorize Bookkeeper to make following budget transfers

Highway Part Town Fund

Uniforms 03 08 9089 800 -$225.00

Coats/Pants 03 08 9089 803 +$225.00

Union contract changes provided for more in winter clothing than was

budgeted. Motion carried 4-0.

At 6:40 Tom welcomed Comp Plan legal counsels Warren Replansky and Michael Zarin, Planner Ted Fink, Graham Trelstad and Sally Mazzarella. Town Board member Ellen Silverstein is also present at this point. There are approximately 71 residents present for this work session. Tom then turned the meeting over to Mr. Zarin.

Michael Zarin explained that the consultants have had the opportunity to hear substantial public and agency input comments about the scoping document. The potential 200 Holy Cross units and replacing the Astor Flats TND onto the Jesselson property need to be discussed. We want the Town Board to tell us how to proceed; which path do you want us to go down? There are several options:

1. Reconsider and go back to original senior overlay district, 5 acre zoning on the Holy Cross property.
2. New proposal for TND involving precise spot on Jesselson property.
3. The Board needs to consider the Dutchess County Planning comments; they are critical of Holy Cross and like the Astor Flats TND. If they continue with those positions, you would need a super majority to pass those proposals.

It is extremely important that we get your input tonight. First let's talk about Holy Cross. Tom asked Michael if he was sure the Dutchess County Planning comments would trigger a super majority. Warren said absolutely, when a Board does not follow the County Planning concerns a super majority is necessary. Michael pointed out that the County's 1/23/09 comments are not their final comment but if they follow this logic in the final comments it would be required under General Municipal law that a super majority is necessary. They are very clear that they do not favor the Holy Cross proposal with 200 units.

Michael wants to proceed to the SGEIS. Tom then asked if the Board goes back to the Senior Overlay Zone with 5 acre zoning for the Holy Cross site, would the County approve? Michael feels they would change their comment direction. Ellen would like to go back to the Senior Overlay Zone with up to 120 units and 5 acre zoning and not go forward with a SGEIS. Ted Fink explained that originally the overlay zone was conceived as a floating zone - it could apply to several properties not just Holy Cross. Sally Mazzarella said stringent review would be required for the applicant with Planning Board approval with an overlay district. Michael said the SEGRA review is necessary; the Town Board or Planning Board could act as lead agency for the environmental review. Ellen said after reading what everyone wrote she has changed her mind and feels the senior overlay is a better idea. Dan feels this is a tough situation; the Holy Cross property has such promise but he hates to see the Comp Plan compromised on this one issue. Bruce would also like to go back to the original plan. Tom said the property is ruined and it seems like the senior development would be perfect but he also will change his mind and go back to the original 5 acre zoning with the option of up to 120 senior units in an overlay zone. Dod agrees, the public has spoken and with the nature of the road; it seems the senior housing is an appealing use but the ecological character has convinced him to change his mind. Warren said we need direction if we eliminate the 200 units on Holy Cross; we need to look at the type of housing we can provide for that overly zone. An active adult housing is a possibility that Ted can look into with other possibilities. Dod asked if this would require the SGEIS and Warren said no. Ted said we might need to re-visit the uses in this zone. Sally commended the Board for reading and listening to all the comments. The effort was made in the Comp Plan process to look at the Holy Cross property specifically. A country inn for 80-100 visitors was reviewed but the Committee decided to stay with the senior overlay/5 acre zoning with up to 120 units. She applauded the Board for making a tough decision here tonight. Michael recapped that the Board unanimously agrees to eliminate the 200 senior housing project on the Holy Cross property and return to the original overlay zone with 5 acre zoning and up to 120 units.

Michael then directed the discussion to the second issue of the TND location. The County Planner was not particularly impressed with eliminating the Astor Flats TND. One option to proceed would be to designate the Jesselson overlay district, including Astor Flats if you want. Instead of site specific it could be a broader concept. We need to minimize the environmental impact. Sally pointed out that the Jesselson property does not have a mixed use - it is mostly residential and not commercial. She does not want the Board to think that the Jesselson property is replacing the Astor Flats TND. She would like a standard applied to the Jesselson property, it will represent more of a neighborhood. It doesn't have the components of a TND. There are lots of wetlands, maybe a conservation neighborhood plan. Dan asked about a TND overlay, why create a second business center so close to the village center.

Graham Trelstad said a TND is not a good idea at the Jesselson location. A Conservation Neighborhood Plan is more viable. About 175 housing units would fit; Old Post Road might have to change. East of Old Post Road is wetlands. Warren and I walked the property. Dan's suggestion of the 214 acre parcel fronting Astor Drive, River Road and Montgomery Street/Mt. Rutsen is within striking distance to the village. The area would only need a generic analysis. Dan pointed out that with an overlay zone on the Jesselson property the owner/developer would come before the Planning Board with their concepts and the expense would be on their shoulders. Graham said a traffic analysis on Old Post Road would still be necessary but it would be a generic EIS, we would not be doing the property owner's work. Warren suggested looking at the overlay zone in the FGEIS.

Michael asked Sally if it would be inconsistent with the Comp Plan if the TND is eliminated. Sally said it was the centerpiece of the plan. Wherever we go there are obstacles. She does feel strongly about saving the Jesselson wetlands. Warren suggested that as part of the overly we could expand to include Astor Flats. We could combine the old concept with the new on the Jesselson. The perimeters would be set in the zoning process. It could be scaled down through the overlay. Dod questioned why not just zone the area instead of creating a special overlay zone. Michael summarized there are 3 options; eliminate Astor and modify the Comp Plan accordingly, reduce Astor Flats and tighten restrictions or create a hybrid concept, the Planned Conservation Neighborhood.

Graham said the PCN could be element of TND. You could construct a zoning overlay that would allow for PCN or TND with standards built in or you could have 2 separate zones. Michael recapped that the Board seems against the Astor Flats. Since the Town Board is against development east of Route 9, Dan questioned why we are still discussing it. The overlay zone seems more logical. Graham said an analysis is still necessary. Sally said that since County Planning is in favor of the Astor Flats if it is changed the Town must have a super majority. Graham pointed out that on the Jesselson property a gathering spot such as a civic room for community use would be necessary. He suggested the Jesselson project might need a small commercial use attached to the Community Center (gym, daycare, etc.) to serve the neighborhood.

Bruce feels that in a TND, the commercial site is supported by drive ins not just walk ins. Graham pointed out that the Comp Plan Committee did not want a lot of commercial, maybe medical offices. Bruce doesn't want any TND competing with the Village. The Jesselson property is more appropriate. Sally wants the Board to realize that it is the consultant's job to bring up the Dutchess County Planning issues, they are objecting to Old Post Road as a TND. They feel strongly about developing the Astor Flats TND. Bruce is in favor of the 1,200 acres on the Jesselson property as an overlay zone.

Michael Zarin thinks a modification must express different housing unit and that a TND is not appropriate for Rhinebeck to have a TND. We can tell Dutchess County Planning we are trying to develop density with another type of development. Supervisor Traudt feels that with the trail ways to the Village from the Jesselson property, a Planned Conservation Neighborhood would address the same principles of housing. With the possible bus stop planned at the 9/9G intersection transportation would be fairly close. Mr. Zarin now says the consultants need to map this out and bring closure. Ted will research the TDR.

Dod asked the Board to please reconsider the Rhinecliff hamlet extension. We have increased density in other areas of the Town and the roads and soils can not handle the proposed extension of 49 units. Graham actually walked the hamlet extension property with Jeff Hicks, the property manager. We walked Orchard Street east to the pastures. It is mostly flat with a knoll that is developable, maybe with 25-30 units. Then it dips down to a lake and stream which would be left alone. It could be reconfigured to wrap west of the lake towards Rhinecliff Road. Some lands toward Rhinecliff Road could be added. With 5 acre zoning you could get the same number of units. Dod asked what happens if the owner is not interested in developing. Dan said that is not our concern. Why not give the developer density and transfer rights. Dod still feels the soils are not good, forget the extension and put in to 10. Dan would like to walk this property, let's hold off. Bruce wants to know where we are moving the density to Jesselson. Leave it where it is. Dod would like to stick with 25-30 units and follow that recommended plan. Graham said the Comp Plan Committee envisioned 49 units. Ellen and Dod favor only 25-30 units. Tom, Bruce and Dan are in favor of 49 so the consultants are directed to study the 49 units by a vote of 3-2. Warren pointed out that we can simply fix it you want to change it back to the 25-30 if necessary.

At this point the meeting discussion came to an end and Tom announced that the Board is not taking comments tonight. He thanked everyone in the audience for their interest and all their comments.

ADJOURNMENT

At 7:50 on motion from Dan and second from Dod this meeting was unanimously adjourned.

Respectfully submitted,

Barbara Cunningham

Town Clerk