Planning Board Meeting 06/20/11 Minutes

June 20, 2011 Planning Board Meeting Minutes

 

PRESENT:   Michael Trimble

                        Melodye Moore

                        Mitchell Markay

                        Sharon Sherrod

                        Richard Murray

                        Art Brod, Planning Consultant

 

ABSENT:      F. Woody Dierze'

                        Jesse Hewitt

 

 

CALL TO ORDER / DETERMINATION OF QUORUM

 

The Chairman called this meeting to Order at 6:30 pm and determined a quorum of the Board to be present for the conduct of business.

 

 

BUSINESS SESSION

 

• Meeting Agenda. The Chairman noted the following modifications to the posted Agenda: (1) Susan Sie public hearing is cancelled, (2) Gloria and Robert Fox - 232 Morton Road - Special Use Permit and Site Plan Approval is added, and (3) Ferncliff Nursing Home (ArchCare) sign permit is added.

 

• Acceptance of Meeting Notes. A motion was made by Sharon Sherrod and seconded by Melodye Moore to accept the Planning Consultant's Meeting Notes as guidance in consideration of the matters set forth on the Agenda. All present were in favor.

 

• Meeting Minutes. The Regular Meeting Minutes of June 6, 2011, have been recently distributed to the Board. The Chairman recommended holding review and approval to the June 20, 2011 Planning Board Meeting. The Board concurred.

 

 

APPLICATIONS SUBJECT TO PUBLIC HEARING

 

Susan Sie - 4 Charles Street - Site Plan.

 

The Chairman read the below June 15, 2011, memorandum from John Maasz, ZEO to the Planning Board:

 

"I have reviewed Sue Sie's application for the work to be done on the fence which fronts her Charles Street property.  I have also discussed the project with Ms. Sie and I am of the opinion that the work to be done can be consider to be of a "repair" nature. 

 

Further, Ms. Sie advised me that the work will be limited to the front fence and that she will apply to install a new fence along her side lot line sometime in the future."

 

The Chairman stated the Board can consider the Application that has been pending before this Board to be withdrawn.

 

Rhinebeck Gardens Group, LLC - Garden Way to Astor Drive - Special Use Permits, Wetlands Permit and Site Plan Approval for Phase III

 

The Chairman stated this Agenda item involves the conduct of a combined Public Hearing on Applications for Special Use Permits (Major Excavation and Development within 100 Feet of Stream or Wetland) and Site Plan Review and Approval under the Town Zoning Law and Wetland Permit under the Town Wetland Law to authorize development of Phase III of Gardens at Rhinebeck, consisting of 92 residential condominium-type dwelling units and associated site improvements on 24.45-acre TMP 6170-04-010475 within the Rural Agricultural (RA) District.  The development is proposed pursuant to a Special Use Permit issued by the ZBA on February 13, 1987, and determined by the Zoning Administrator to remain in effect.  The Proposed Action is a Type I Action under SEQRA for which the Planning Board has been confirmed as Lead Agency for coordinated environmental quality review.

 

The Chairman opened this Public Hearing and the Secretary confirmed noticing and posting of the Public Hearing occurred as prescribed within the Town Zoning and Wetland Laws.

 

David Silver, project developer, represented this Application and stated the buildings have been reconfigured due to the new Zoning Code and to be more sensitive to the presence of on-site wetlands.  The new configuration doesn't call for any wetland crossings.  Solar panels have been added to power the common area facilities and exterior lighting for Phases 2 and Phase 3; depending on the electric wire location in Phase 1 lighting there may also be served.  The Conservation Advisory Council has extensively reviewed the Landscape Plan for Phase 2 and Phase 3.  A five foot walkway along Garden Way is proposed; at the June 27^th Town Board meeting the possibility of the Town accepting responsibility for this walkway will be discussed.  

 

Muriel Karagianis, 213 Sandalwood Lane stated she doesn't want the Gardens HOA to pay for maintaining the proposed sidewalk or trails.  Celia Berlin, 26 Rosemary Way asked if Garden Way would become a Town road and when.  Mr. Silver stated when the project is completed the road will have been completed to Town specification and dedicated to the Town.   Andrea Alvin, 110 River Road asked for a timeline on completion of Phase 2 and 3.  Mr. Silver stated Phase 3 cannot be started until 50% of the units in Phase 2 have been; Phase 2 will begin after all approvals and permits are issued, hopefully in September or October 2011. 

 

Neil Telng, a neighboring property owner to the west, read the below letter:

 

"Dear Members of the Planning Board:

 

The wetlands delineation by Chazen in this application was made on August 11, 2010.

 

In the real world of March, 2011, had you traveled 300 feet from the proposed southwest corner of Building #46, directly across the property line, through the wetland, you'd arrive

behind 86 River Road, near a large oak shown on the plan and surveyed by Chazen on the Phase I, II, III Landscape Buffer Plan] at 137 ft elevation.  There, through March into May, water stood in every declivity.  That's 200 ft beyond Chazen's delineation of wetland.

 

In the house at 86 River RD, at 143 ft on the same plan, with a basement emerging 2 ft above grade, water came in through the slab and remained.  This was unprecedented. And by no means solely the experience of 86 River Rd this past spring.

 

The concentration of impermeable surfaces in proposed Phase III is far more dense than

Phase I or Phase II.  The wetlands buffer far closer on every side.  South of the main swale,13 of 44 units are within the buffer, 25 of 44 within 30 feet of it.  North of the swale, four entire buildings are within the buffer.

 

Beyond impermeable surfaces, lawns are no match for the deep hydrophilic grasslands in place now.  The manipulation of bioretention zones is a straw man.  Chazen's square footages are calculations, not tests.

 

The test can be found in the flooded back yards along Rhinecliff Rd following Phase II, as at 201 Rhinecliff Rd, in the report of Mr. Wayne Gay, which you have.

 

Again, Phase II had far more room than does Phase III.  We on River Rd must not be subjected to a worse result.  This wetlands plan is proven to be inadequate and should be rejected.

 

"Please approve Phase II.  That will give us the money we need to fix Phase I."  The Planning Board accepted that argument.  Not twice.  For six years the community has endured a blight on beautiful land.  The illusion of profit through the building process is a nationwide scar that must not be extended here.  Let Phase II be finished, let those flaws be repaired.  Let that covenant be met, and sales begin, demand demonstrated. Then consider approval, if the wetland permit can be fulfilled.

 

Thank you sincerely,

Rhinecliff/River Road Neighbors"

 

Neil Telng further stated that while the bioretnention pond seems to make sense on paper  he is still very concerned.

 

Chris LaPine, Chazen Companies' Project Engineer, stated the wetlands flagging took place just prior to the application being submitted; noting we had a very wet spring.  The elevation is 129 when it leaves the property and is at elevation of 137 300 feet away.  Mitchell Markay interjected "so this is an issue of drainage not one of wetlands".  Chris LaPine stated being he doesn't know the potential issues with the River Road properties but he believes it to be a drainage issue apart from the development of the Gardens site.  Mr. Telng stated the issue will only be exasperated when the impervious surface on the Gardens site is increased.  Mr. LaPine stated only 5.8 acres of the 20 acre site; less than 20% will be developed, the proposal eliminates additional discharge from leaving the site.  The Phase 2 runoff is routed to the southeast portion of the site to a very large wetland that flows onto Mr. Gay's property. David Silver stated they are trying to work with Mr. Gay.  Andrea Alben asked if the drainage on River Road and Ryan Road will be reviewed as part of this Application.  Mr. Trimble stated the Town (Planning Board) Engineer will review all calculations within the Stormwater Plan (SWPPP) and the Planning Board has also hired an independent wetlands delineator to confirm the information submitted by the Applicant regarding wetland location and boundaries.  Chairman Trimble stated two members of the Planning Board along with the Planning Consultant and the Planning Board's Engineer have also visited this site.  Those two members of the Planning Board are however not in attendance at this meeting to present the observations they made during the site visit. 

 

Holly Mauskapf, resident of 78 River Road, stated her concern about screening of the development from her home and any impact on the wetlands found on the Gardens site; Ms. Mauskapf asked if the project could be scaled down.  Michael Trimble stated the Planning Board has no authority to request the project be scaled down; the ZEO has determined the 1985 Special Use Permit allowing all three phases, including a maximum of 255 units with a specified maximum total bedroom count, is valid and still in effect.  The Board can however work with the Applicant on visual screening with a required landscape buffer plan.  Ms. Mauskapf stated she hopes to see a landscape plan that will screen the site in the winter as well as the rest of the year.  Art Brod stated he agrees with the Chairman, the SUP allowing the 92 units in Phase 3 was granted 26 years ago without any termination provision; reviewing the application to ensure environmental effects are mitigated to the extent reasonable and practicable remains though an obligation of the Planning Board under SEQRA as the review process progresses.   Chris LaPine stated the developer has volunteered to work with the Town's Conservation Advisory Council on the type and number of trees to mitigate the visual impact.  Ms. Mauskapf questioned lighting for the site.  Mr. Silver stated he will follow the Town's lighting plan.  Planning Consultant Art Brod stated maximum permitted pole height has been recently reduced to 15'.

 

Upon request of the Chairman the Planning Consultant summarized his review of the submitted documents, as more fully set forth below:

 

Application for Site Plan Approval

 

-          No overall planning or zoning compliance issue has been identified.

 

-          The "model home" referred to in the Application is, in fact, a multi-family dwelling with 4 housing units.

 

-          Consultation should continue with the Town Conservation Advisory Council on refinement of the overall Landscape Plan for the Phase III development.

 

-          Engineering review of the full set of Site Plan drawings should continue with the Planning Board Engineer.

 

-          The full Stormwater Pollution Prevention Plan should be prepared by the Applicant, submitted to the Planning Board and reviewed for completeness by the Planning Board Engineer prior to Board determination that either the subject Application is complete or the Public Hearing may be closed. 

 

Application for Special Use Permits

 

-          No comment.

 

Application for Wetlands Permit.

 

-          The Application states a U.S. Army Corps of Engineer permit or approval is not required.  This is an indication that no work is proposed within the delineated boundaries of the federal wetland areas within the Phase III development site.

 

-          As previously discussed the Planning Board should secure, with payment for services to be made from the Applicant's escrow account, an independent certified wetlands delineator to field review the wetlands delineation conducted by The Chazen Companies, with it recommended the field review occur in the presence of both Mr. Basile and a Planning Board and/or CAC representative.  This review should be conducted and either the heretofore delineated boundary confirmed or appropriate modification made in the wetland delineation map and, as may be necessary, site plan documents prior to the Planning Board's determination this Application is complete or the Public Hearing thereon may be closed.

 

-          Consultation should continue with the Town Conservation Advisory Council on refinement of the Landscape Plan for wetlands buffer portion of the Phase III development.

 

Coastal Assessment Form

 

-          The Coastal Assessment Form should be revised and resubmitted for the record as input to the Waterfront Advisory Committee's and Planning Board's required "coastal consistency determination".

 

-          The "Description of Site and Proposed Action" should be corrected at B(5) to acknowledge presence of the model units' building.

 

-          "Coastal Assessment" item C(3)(b) should be changed to a "yes" response;  the proposed development will result in the "physical alteration of two (2) acres or more of land located elsewhere in the coastal area".

 

-          "Project" item C(4)(j) should be changed to a "yes" response;  the proposed development does "involve surface or subsurface liquid waste disposal", this occurring via the Village of Rhinebeck STP.

 

-          "Project" item C(4)(p) should be changed to a "yes" response;  the proposed development will "alter drainage flow, patterns or surface water runoff on or from the site".

 

Full Environmental Assessment Form Part 1

 

-          The Full Environmental Assessment Form Part 1 should be revised and resubmitted for the record as input to the Planning Board's required "determination of significance" in its role as Lead Agency under SEQRA, all as stated below in repeat of my earlier comments of March 31, 2011:

 

Introduction

 

• Refer to "Town Wetland Law" not "Town Wetland Ordinance".

 

Project Information

.

• Consistent with the Introduction correct and expand the "Description of Action" by deleting the sentence

 

"The proposed project has not changed from that which was conceptually approved with the exception of stormwater management which has been updated to reflect current NYSDEC regulations"

 

and substituting

 

"The proposed project has not changed in terms of number and type of dwelling units from what was conceptually approved though modifications have occurred in site layout and the design of stormwater management improvements to reflect Town wetlands policy as set forth in Town Wetland Law, December 2009, and current NYSDEC stormwater ,management regulations and guidelines."

 

B. Site Description

 

• Correct at 1(a) the stated acreage, should read 24.45 nor 54.45.

 

EndNotes

 

• Endnote 5. 

 

The SEQR Statement of Findings issued by the Town Planning Board on December 10, 1986, can only be cited with respect to endangered, threatened or are species or suitable habitat then listed.  The EAF does not address those that may in the interim been added or may be subject of different criteria then in 1996.  This limitation should be stated and any additional work that may be necessary to address changed circumstance(s), whether in terms of literature search or on-site investigation, undertaken.    

 

• EndNote 7.

 

There has been no approved site plan for Phase III; EndNote 7 as written serves no purpose within this EAF. 

 

While it too is unnecessary, this EndNote might be re-written to read:

 

"In addition to the 3.41 acres of federal wetland, ____ acres of the Phase III site falls within a 100-foot regulated buffer established under the Town's Wetlands Law.  There will be no encroachment upon the federal wetland; 0.42 acre of building footprint and 0.15 acre of pavement is proposed within the Town regulated buffer."

 

• EndNote 8.

 

At the end of the first sentence add the phrase "which will be properly abandoned".  Delete the word "However" as it begins the next sentence and insert the words "entirety of the" between the words "the" and "Phase" later in the second sentence.

 

Another sentence should be added to this EndNote:

 

"According to a letter received from Village officials on ________ __, 201_, Village water and sanitary sewages facilities continue to have sufficient capacity to accommodate the needs of Phase III.

 

• EndNote 17.

 

The amount of construction labor is over-stated.  There has been failure to consider, i.e. adjust for, increased cost of construction materials since 1994 (and whatever prior year the then published data might have been based) resulting in fewer labor hours per $1,000. (or any other dollar amount) of construction.

 

• EndNote 23.

 

There should either be current re-affirmation provided as to the adequacy of existing capacity of community facilities to meet demand generated by Phase III development to complement an assertion set forth in a DEIS more than 25 years ago or additional documentation and analysis presented.

 

As an aside, while a similar EndNote has not been set forth, similar comment might be made (and I would assume will be made at some point) about the "yes" response provided as to the adequacy of the existing highway network to accommodate the additional traffic.  

 

C. Planning and Zoning Information

 

• The response at C(7) should be expanded to include specific zoning district classifications.

 

Water Quality and Runoff Reduction Volume Calculations

 

-          This data should be reviewed by the Planning Board Engineer.

 

In addition it is recognized several other matters require close-out prior to Planning Board consideration of Phase III approval resolutions, namely:

 

-          The trail system plan.

 

-          The outstanding River Road / Ryan Road drainage issue.

 

-          An improvements' plan for Garden Way.

 

-          Response by the Applicant to the NYSOPRHP letter of April 27, 2011, requesting additional information prior to anticipated "sign-off" on potential impact on historic resources." 

 

Michael Trimble questioned if any of the Board members had suggestions on a wetlands delineator they would like to see hired to review this project.  The Board concurred with contacting Gretchen Stevens or Norbert Quenzer.  The Applicant agreed to allow the Chairman to get an estimate for cost of the work and move forward on this matter. 

 

Melodye Moore motioned and Mitchell Markay seconded to continue this Public Hearing on July 18, 2011 at 6:50 pm.  All present were in favor.  Motion carried.

 

SPECIAL SESSION (NEW BUSINESS)

 

Gloria and Robert Fox - 232 Morton Road - Special Use Permit and Site Plan Approval

 

Chairman Trimble stated the Board has received this Application, Full EAF Part 1, and related Site Plan.  While variances are required for this Application, all parties understand the Zoning Board of appeals cannot act on these requests under SEQRA compliance has occurred.  The ZBA has requested the Planning Board assume Lead Agency status.   

 

Melodye Moore motioned and Mitchell Markay seconded the Chairman and Clerk be directed to distribute the below Notice of Intent to Serve as Lead Agency under SEQRA, as prepared by Art Brod, to both other potential involved agencies and identified interested agencies.  All present were in favor.  Motion carried.  

 

Town of Rhinebeck Planning Board

Town Hall

80 East Market Street

Rhinebeck, New York 12572

 

Notice of Intent to Serve as Lead Agency under SEQRA;

Lead Agency Must Be Designated within Thirty (30) Calendar Days; 

Early Response by July 15, 2011, Requested

 

June 20, 2011

 

This Notice is issued pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law for the purpose of designating a Lead Agency for the coordinated environmental quality review of the below  Proposed Action:

 

Project Name:              Gloria & Robert Fox Residence

 

Location:                      232 Morton Road, Town of Rhinebeck, Dutchess County

 

SEQRA Status:             Type I Action, Proposed Action within Hudson River National Historic Landmarks District

 

Project Description:

 

Applications by Gloria and Robert Fox to the Planning Board for Special Use Permit and Site Plan Approval due to location within 1000 feet of the Hudson River, Application to the Zoning Board of Appeals for Area Variances, and other required permits, approvals and compliance determinations to authorize (1) the demolition of an existing guest cottage, (2) the expansion of an existing single-family dwelling, and (3) the construction of a new barn/garage/connector, on an existing non-complying  5.064-acre parcel (TMP 135089-6069-00-476156, being an existing lot of record) within the Historic Preservation (HP 20) District and the Local Waterfront Revitalization Area.  The expanded single-family development will be served by a replacement subsurface sanitary sewage disposal installed and certified in 2009.

 

The Proposed Action is depicted and otherwise described within the Applications for Special Use Permit, Site Plan Approval and Area Variances and supporting documents, including Area Map (S-1), Site Plan (S-2), and proposed floor plans, elevations and views, all as  presented to the Planning Board in a three-ring bound volume dated June 15, 2011, included therein being a Full Environmental Assessment Form (EAF) Part 1 certified by Robert Fox as Architect/Owner on May 9, 2011, and a Coastal Assessment Form certified by the Applicants and dated January 30, 2011.

 

Declaration of Intent to Serve as Lead Agency:

 

Please take notice that, under the applicable standards of Title 6 Part 617.6(d) NYCRR, the Town of Rhinebeck Planning Board has concluded that it should be designated as Lead Agency for the coordinated environmental quality review of the Proposed Action.

 

This Notice, accompanied by the aforementioned Area Map (S1), Site Plan (S2) and Full EAF Part 1, is being sent to you and all other identified involved and/or interested agencies with request for consent in writing to the Planning Board's serving as Lead Agency.  Should you not respond within thirty (30) calendar days from the date shown above, it will be interpreted as consent the Planning Board serve as Lead Agency. 

 

In either case you will continue to be notified of any SEQR determination made and the scheduling of any related proceedings and hearings by the Planning Board concerning the Proposed Action.  Copies of all subsequent environmental documents will also be distributed to you.

 

Should you not agree with the Town Planning Board's designation as Lead Agency, you are advised to follow the procedures outlined in Title 6 Part 617.6(e) NYCRR.

 

In addition to your consideration of Lead Agency designation, the Planning Board welcomes any comments you may have regarding the Proposed Action.  Receipt of these comments within thirty (30) calendar days would also be appreciated.

 

Contact Person:           Michael Trimble

Planning Board Chairman, Town of Rhinebeck

(845) 876-3409 (Telephone) / (845) 876-5885 (FAX)

town.planning@rhinebeck-ny.gov (E-Mail)

 

Distribution with Attachments:

 

Involved Agencies:

 

Town of Rhinebeck Zoning Board of Appeals *

Town Hall

80 East Market Street

Rhinebeck, New York 12572

 

Interested Agencies and Persons:

 

New York State Department of Environmental Conservation

Region 3 Office, Division of Environmental Permits

21 South Putt Corners Road

New Paltz, New York 12561

 

New York State Office for Parks, Recreation and Historic Preservation *

Field Services Bureau

Peebles Island Complex / Post Office Box 189

Waterford, New York 12188

 

Dutchess County Health Department

Environmental Health Division

387 Main Street

Poughkeepsie, New York 12601

 

Town of Rhinebeck Zoning Enforcement Officer

Town Hall

80 East Market Street

Rhinebeck, New York 12572

 

Town of Rhinebeck Conservation Advisory Council in role as Waterfront Advisory Committee

Town Hall

80 East Market Street

Rhinebeck, New York 12572

 

*     Town of Rhinebeck Zoning Board of Appeals, the Town of Rhinebeck Conservation Advisory Council in role as  Waterfront Advisory Committee, and  the New York State Office for Parks, Recreation and Historic Preservation are being provided a copy of the entire three-ring binder submitted by the Applicant to the Planning Board on June 15, 2011.

 

Distribution w/o Attachments:

 

Gloria and Robert Fox

232 Morton Road

Rhinebeck, New York 12572

 

Arthur F. Brod Jr., Town Planning Consultant

PLANNERS EAST Incorporated"

 

 

SPECIAL SESSION (ZONING ADMINSTRATOR'S REFERRAL)

 

ArchCare at Ferncliff - River Road - Sign Permit

 

The Chairman stated he has been advised of the Zoning Administrator's referral of an Application for Sign Permit for the Ferncliff facility with request this matter be taken up by the Planning Board at this meeting.   I

 

The Chairman reviewed the application content, being the replacement of old directional signs and the addition of some new signage.  The Board concurred with the Chairman's opinion this application triggers requirement for submission of an Application for Site Plan Application under Town Code Chapter 125, Zoning.  The Clerk was directed to so advise the Zoning Administrator and the Applicant.

 

 

ADJOURNMENT

 

With no further business before the Board, the Chairman accepted a motion from Mitchell Markay seconded by Richard Murray to adjourn this meeting.  All present were in favor.   The Chairman adjourned this meeting at 9:15 pm. 

 

 

Respectfully submitted,

 

 

Joan Winne

Planning Board Secretary