Planning Board Meeting 07/18/11 Minutes

Planning Board Meeting Minutes July 18, 2011        

 

PRESENT:   Michael Trimble, Chairman

                        Melodye Moore, Vice-Chair

                        F. Woody Dierze'

                        Sharon Sherrod

                        Jesse Hewitt

                        Mitchell Markay

                        Richard Murray

                        Art Brod, Planning Consultant

 

 

CALL TO ORDER / DETERMINATION OF QUORUM

 

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

 

 

BUSINESS SESSION

 

• Meeting Agenda. The Chairman noted the Fluegel Subdivision Application had been timely submitted for this meeting but was inadvertently left off the agenda and therefore needs to be added for consideration.

 

• Acceptance of Meeting Notes. The Chairman accepted a motion from Melodye Moore, seconded by F. Woody Dierze' to accept the Planning Consultant's Meeting Notes as guidance in consideration of the matters set forth on the Agenda. All were in favor. Motion carried.

 

• Meeting Minutes.

 

A motion was made by Melodye Moore, seconded by Sharon Sherrod to accept the June 6, 2011 Meeting Minutes as drafted and reviewed.  All were in favor.  Motion carried.  

 

• Correspondence and Other Announcements. There was no significant correspondence concerning non-Agenda items to be acknowledged or other announcements made and information shared by the Chairman or the Clerk.

 

 

APPLICATIONS SUBJECT TO PUBLIC HEARING

 

JD Von Der Lieth and Sons Inc. - White Schoolhouse Road - Special Use Permit.

 

 

 

The Chairman stated Agenda item involves continuation from May 2 and June 6, 2011, of the Public Hearing on Application for Renewal of Special Use Permit for soil mining in accordance with Town Zoning Law and NYSDEC Mined Land Reclamation Permit No. 3-1350-00012/00002, within a 23-acre parcel life of mine area - 15.5 acres reclaimed to date - within 72.31-acre TMP 6269-00-887822 in the Rural Countryside (RC-5) District.  The Proposed Action is a Type I Action under SEQRA for which NYSDEC is serving as Lead Agency for coordinated environmental quality review.   

 

Mark Graminski has advised the SEQRA compliance process or any other action by NYSDEC in this matter has not yet occurred.  Chairman Trimble stated that until SEQRA compliance is completed by NYSDEC the Planning Board may take no action on the Application for Renewal of Special Use Permit and the Application may not be considered complete under the terms of the Town Zoning Law.

 

A motion was made by F. Woody Dierze' and seconded by Mitchell Markay to continue this Public Hearing to September 19, 2011 at 6:35 pm.  All were in favor.  Motion carried.

 

 

Steven Mensch - 42 Wyndclyffe Court to west of Mill Road - Special Use Permit and Site Plan Approval.

 

The Chairman stated this Agenda item involves continuation from May 2 and May 16, 2011, of the Public Hearing on the Application for Special Use Permit and Site Plan Approval under the Town Zoning Law to authorize development within 1000 feet of Hudson River in the matter of alteration and expansion of a single-family dwelling on combined 6.63-acre TMPs 6068-00-782735 and 6068-00-758682 at 42 Wyndclyffe Court to the west of Mill Road in the HP-20 District.  The Proposed Action is a Type I Action under SEQRA due to its location within Hudson River National Historic Landmarks District, with the Planning Board serving as Lead Agency for coordinated environmental quality review.

 

During its review of the Applicant's EAF Part 1 and its own preparation of EAF Part 2 the Planning Board identified archaeological resources as a matter about which the Board required additional information prior to issuing a determination of significance (either Negative Declaration or Positive Declaration) under SEQRA.  The Applicant was advised of this requirement and caused the preparation of a Phase I A and B Archaeological Report by Hartgen Archaeological Associates dated June 14, 2011. 

 

The Planning Board is now in a position now to complete its review of the EAF Parts 2 and 3, as otherwise substantially completed on May 16^th, and proceed with its disposition of Mr. Mensch's proposed project under SEQRA and

 

subsequently close the Public Hearing.  Upon doing so, the Chairman then read the following body of a draft SEQRA Notice of Determination, as prepared for the Board's consideration  by Art Brod:

 

 

"State Environmental Quality Review

NEGATIVE DECLARATION

Notice of Determination of Non-Significance

 

 

 

July 18, 2011

 

 

Lead Agency:                                   

 

Town of Rhinebeck Planning Board

 

Lead Agency Address:                   

 

Rhinebeck Town Hall, 80 East Market Street, Rhinebeck, New York 12572

 

 

This Notice is issued pursuant to Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617, the Implementing Regulations pertaining to said Article, together known as the State Environmental Quality Review Act ("SEQRA").

 

The Planning Board of the Town of Rhinebeck, acting as SEQRA Lead Agency upon concurrence of the other involved agencies, has determined that the Proposed Action described below will not have any potential significant adverse effects on the environment and a Draft Environmental Impact Statement will not be required.

 

 

Name of Proposed Action:             

 

Steven Mensch Single-Family Dwelling Alteration and Expansion

 

SEQR Status:

 

Type I Action, situate within the Hudson River National Historic Landmark District 

 

 

Description of Proposed Action:

 

The Proposed Action includes required permits, approvals and compliance determinations, including an Area Variance for rear building setback from 100 feet to 48 feet by the ZBA and a Special Use Permit for development within 1,000 feet of the Hudson River by the Planning Board, to authorize a 2,353 s.f. expansion (1,224 s.f. footprint)  of an existing single-family dwelling, including installation of roof-mounted

 

solar panels, on a combined 6.63-acre "existing lot of record" in the Historic Preservation (HP-20) District.  

 

 

Location:                   

 

42 Wyndclyffe Court, 215 Mill Road, west side, extending to railroad tracks and

Hudson River, Town of Rhinebeck, Dutchess County

 

 

Reasons Supporting This Determination:

 

The Planning Board of the Town of Rhinebeck has reviewed the Full EAF Part 1 verified by the Applicant,  the subject Applications and supporting documents, as initially submitted and/or supplemented during the area variance and special use permit review processes, including a Phase I Archaeological Report prepared by Hartgen Archaeological Associates and input received from other involved and interested agencies including the Dutchess County Department of Planning and Development which indicated the project to not be in conflict with County plans and policies and thus a "matter of local concern".

 

The Planning Board has also conducted a field visit to the project site and considered input received at the Public Hearing on the Application for Special Use Permit, technical review of the proposed project  by the Town's Planning Consultant and comments by the Town's Conservation Advisory Council and Waterfront Advisory Committee, as well as its other own local knowledge of the project site and its environs, in completing Full EAF Parts 2 and 3 with respect to the environmental effects of the Proposed Action in consideration of this input, the Applications and supporting documents, and the "criteria for determining significance" set forth at Title 6 Part 617.7.c NYCRR, the coastal policies set forth within the Town's Local Waterfront Revitalization Program and the status of the existing dwelling as a "non-contributing structure", and not a "contributing structure", within the Hudson River National Historic Landmark District: 

 

Having taken into consideration all of the foregoing, the Planning Board has concluded the environmental effects of the Proposed Action will be as follows:

 

• Although there will be some short-term construction period effects as site development and construction occurs on the expanded dwelling, there will be no significant adverse change in existing air quality.

 

• Although there will be some construction period effects and an increase in overall storm water runoff upon development of the expanded dwelling, site disturbance is being limited to the extent practicable, and both short-term and long-term mitigation with respect to storm water quality and quantity will occur to the extent pertinent in accordance with NYSDEC requirements under NYSDEC Stormwater SPDES General Permit GP-0-10-001, and, thus, there will be no substantial change in surface water quality or the quantity of storm water discharging from the project site and, thus, no adverse ecological effect on the Hudson River.

 

 

 

In the matter of ground water quality or quantity, an existing on-site subsurface sanitary sewage and individual water supply well will continue to be utilized.

 

• There will be no substantial adverse change in noise levels except as may be incidental to the site development and construction period involving the alteration and expansion of the existing dwelling.

 

• There will be no increase in the traffic generation due to the continuation of the use as a single-family dwelling and thus no adverse effect on the ability of the local highway network to accommodate traffic. 

 

• There will be no change in the generation of solid waste due to the continuation of the use as a single-family dwelling and thus no adverse effect on the community's ability to manage solid waste.

 

• The intended alteration and expansion of an existing single-family dwelling will not cause a substantial increase in potential for erosion, flooding or drainage problems, although there may be a small incremental increase in the overall volume though not the rate of stormwater runoff from the project site as the project occurs and impervious (or otherwise less pervious) surfaces are created on approximately an additional 0.03-acre. 

 

• The intended alteration and expansion of an existing single-family dwelling will not cause any removal of vegetation that might be deemed heritage, mature or otherwise of significant adverse environmental effect.

 

• The intended alteration and expansion of an existing single-family dwelling will not cause substantial interference with the movement of any resident or migratory fish or wildlife species.

 

• The intended alteration and expansion of an existing single-family dwelling will not impact a significant natural habitat area.

 

• The intended alteration and expansion of an existing single-family dwelling will not have significant adverse effect on known threatened or endangered animal, plant or aquatic species.

 

• The intended alteration and expansion of an existing single-family dwelling will not have significant adverse impacts on any other natural resources.

 

• The intended alteration and expansion of an existing single-family dwelling will not impair the environmental characteristics of a Critical Environmental Area (CEA) as designated by NYSDEC, with careful consideration afforded by the Planning Board to graphic depictions of views of the existing and the proposed altered and expanded single-family dwelling from the Hudson River, the visual effect of which was deemed negligible within the overall view shed due to the extent of setback from the River, including the intervening railroad tracks; the positioning of the existing dwelling and the altered and expanded dwelling on an upland flat area without encroachment on the steeply-sloping hillside; and the

 

overall horizontal appearance of the proposed structure, and the ecological effect also negligible as earlier stated.

 

• The intended alteration and expansion of an existing single-family dwelling will not create a material conflict with the Town's current plans as officially approved or adopted, including but not limited to the Town Comprehensive Plan, the Local Waterfront Revitalization Plan and the Town Zoning Law.    

 

• The intended alteration and expansion of an existing single-family dwelling will not impair the character or quality of important archaeological resources.

 

• The intended alteration and expansion of an existing single-family dwelling will not impair the character or quality of important historic or architectural resources. The Planning Board has considered both comment offered at the Public Hearing by Mssrs. Sanford and Bellows concerning the effect of the Mensch property ownership, as well as the proposed alteration and expansion of the existing single-family dwelling, in limiting opportunity to re-create the "great lawn" of the Wyndclyffe Castle (a "contributing structure" within the Landmark District) and related view of the Hudson River and a subsequent letter of May 4, 2011, from Mr. Bellows. The Planning Board has determined both that the opportunity to maintain and/or re-create this view as it once was from Wyndclyffe Castle was sold off at the time the lands around the Castle were subdivided into residential building lots and that neither the Planning Board nor the ZBA is in any way empowered as a condition of approval of either the requested Area Variance or Special Use Permit, to require Mr. Mensch, as has been suggested by the speakers, or any other land owner to modify his private property, including requiring the removal of vegetation thereon to open up the adjoining owner's view, to benefit another property owner.

 

• Although the intended alteration and expansion of an existing single-family dwelling will require during the construction period and upon completion the use of additional energy for heating, cooling, lighting and other purposes, the Proposed Action will cause no major change in the use of energy by either quantity or type. Moreover, the project involves the installation of solar panels to tap the sun's role as a renewable energy source.

 

• The intended alteration and expansion of an existing single-family dwelling will not create a hazard to human health with all construction and site development activities intended to be undertaken in accordance with, and subsequent to, compliance with all pertinent environmental and land development regulations and related permit and approval procedures and requirements.

 

• The intended alteration and expansion of an existing single-family dwelling will not cause a substantial change in the use, or the intensity of use, of land including agricultural, open space or recreational resources, or in the capability of land, to the extent such presently exists, to support these resources.

 

• The intended alteration and expansion of an existing single-family dwelling will not encourage or attract a large number of people (as considered under SEQRA)

 

to a place or places for more than a few days, compared to the number of people who would come to such place absent the Proposed Action.

 

• The intended alteration and expansion of an existing single-family dwelling will not cause the creation of a material demand for other actions that would result in one of the above consequences.

 

• The intended alteration and expansion of an existing single-family dwelling will not cause changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial significant adverse impact on the environment.

 

• The intended alteration and expansion of an existing single-family dwelling will not, in combination with other projects either on-going or known to be proposed within the vicinity of the Proposed Action, none of which has or would have a significant impact on the environment, cumulatively meet one or more of the criteria set forth at Title 6 Part 617.c NYCRR.

 

• The intended alteration and expansion of an existing single-family dwelling will not create additional demand for community services and facilities. Moreover, the expanded dwelling will represent in increased ratable for the Town, the School District and other real property tax levying jurisdictions which rely on the payment of real property taxes commensurate with taxable assessed value to defray the cost of community services and facilities.

 

In the short-term the Proposed Action will further provide some additional funds to the Town, in the form of fees related to processing of the Applications within the purview of the Planning Board and ZBA and various ministerial fees, including those for required building permits and certificates of occupancy."

 

Chairman Trimble next read the below draft resolution whereby the above Negative Declaration would be adopted and issued by the Planning Board:

 

"In the matter of the proposed alteration and expansion of a single-family dwelling on combined 6.63-acre TMPs 6068-00-782735 and 6068-00-758682 at 42 Wyndclyffe Court to the west of Mill Road in the HP-20 District, the Town of Rhinebeck Planning Board as duly-established SEQRA Lead Agency hereby determines upon examination of the Full EAF Part 1 verified by the Applicant, Steven Mensch, and its own preparation of EAF Parts 2 and 3, to the extent applicable, in consideration of both the ‘criteria for significance' set forth at Title 6 Part 617.7.c NYCRR, the coastal policies set forth within the Town's Local Waterfront Revitalization Plan and the status of the subject dwelling as a ‘non-contributing structure' within the Hudson River National Historic Landmarks District that the Proposed Action, a Type I Action under SEQRA due to its location within said District, will not cause any potential significant adverse effects on the environment and, thus, directs the issuance of the annexed Negative Declaration (Determination of Non-Significance) deeming an

 

 

environmental impact statement to not be required and stating such will not be prepared."

 

A motion was made by Melodye Moore and seconded by Richard Murray to adopt the above stated resolution.  The motion carried by a unanimous vote of the Board.  

 

An ensuing motion was made by Mitchell Markay and seconded by Jesse Hewitt to close this Public Hearing.  All were in favor.  Motion carried.

 

The Chairman then read the following draft approval resolution, prepared by Art Brod, for the Board's consideration:

 

"The Town of Rhinebeck Planning Board hereby acts as follows on the Applications by Steven Mensch for Special Use Permit under the Town Zoning Law, Article V, Section 125-40.C, to authorize development within 1000 feet of Hudson River and for Site Plan Approval under Articles III and VII therein in the matter of alteration and expansion of a single-family dwelling on combined 6.63-acre TMPs 6068-00-782735 and 6068-00-758682 at 42 Wyndclyffe Court to the west of Mill Road in the HP-20 District:

 

1.      Finds the proposed use to in no way contravene the objective stated within Town Zoning Law, Article V, Section 125-40.C, of ‘preserve(ing) the open character along major streams and other surface water bodies for environmental and ecological reasons'.

 

2.      Further finds the proposed use to conform with the ‘General Standards', as applicable to all special permit uses and to the extent pertinent to the proposed use, set forth within the Town Zoning Law, Article VI, Section 125-67.

 

3.      Finds the proposed use to be consistent with pertinent coastal policies set forth within the Town's LWRP.

 

4.      Acknowledges that an Application for Area Variance so as to authorize the reduced setback has been submitted to the Zoning Board of Appeals, accepted by the ZBA, and the subject of a Public Hearing opened on March 16, 2011, at which time it was determined coordinated environmental quality review under SEQRA would have to be undertaken, which review has been concluded by the Planning Board, as duly-established SEQRA Lead Agency, through issuance of a Negative Declaration (Determination of Non-Significance) on July 18, 2011.

 

5.      In consideration of the above, approves both the subject Applications for Special Use Permit under Town Zoning Law, Article V, Section 125-40.C, to

 

authorize development within 1000 feet of Hudson River and for Site Plan Approval under Articles III and VII contingent upon the ZBA's grant of the Area Variance requested from the setback standard subject of the Application for Area Variance and the Applicant's payment of any outstanding fees and/or reimbursable amounts due the Town of Rhinebeck in the review and processing of the subject Applications by the Planning Board.

 

6.      Should the Area Variance be so granted and the any reimbursable amounts due be paid, authorizes the Town Code Enforcement Officer to issue the subject Special Use Permit and a Certificate of Occupancy for the proposed altered and expanded single-family dwelling subject of these Applications upon the Applicant's compliance with any other laws, codes, rules or regulations within the Zoning Administrator / Building Department's purview, including but not necessarily limited to the applicable provisions of the NYS Uniform Fire Prevention and Building Code."

 

A motion was made by Melodye Moore and seconded by F. Woody Dierze' to adopt the above stated approval resolution.  The motion carried by a unanimous vote of the Board members present.

 

 

Susan Williams -116 Frost Road - Subdivision Plat Approval

 

The Chairman stated this Agenda item involves further continuation from February 7, April 4, May 2 and June 6, 2011, of the Public Hearing on Application for Subdivision Plat Approval (Lot Line Alteration involving existing non-complying parcels, TMP 6269-00-946255 and -936229, within the RC5 District), the proposal being for exchange of equal 0.753-acre annexation parcels, the intent being to maintain an existing house lot of 3.083 acres and create a new residential building lot of 3.872 acres.  The Proposed Action is an Unlisted Action under SEQRA for which a coordinated environmental quality review process has not been triggered. 

 

The Chairman reported, as set forth in the Planning Consultant's Meeting Notes, there are two outstanding issues associated with this Application, those being Dutchess County Health Department design approval for intended sanitary sewage arrangements and resolution of a deed overlap between the lands of the applicant and lands owned by the Town of Rhinebeck.

 

In consideration of a May 19, 2011, letter directed by Ms. Welch to the Town Board; it was determined the latter issue remains under review by the Town Board while a submission in the former has yet to be made to the County Health Department.   

 

 

 

A motion was made by Melodye Moore and seconded by F. Woody Dierze' to continue this Public Hearing on September 19, 2011 at 6:40 pm.  All were in favor.  Motion carried.

 

 

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

 

The Chairman opened this Public Hearing and stated this  Agenda item involves continuation from June 20, 2011, of the 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 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 is Lead Agency for coordinated environmental quality review.

 

Art Brod reviewed his checklist of outstanding items involving this Application and updating was presented as set forth below:

 

-          Report concerning independent review by Planning Board consultant of wetlands delineation by project team.   Norbert Quenzer of Bagdon Environmental has conducted his review; his response stated the Applicant has done an excellent job of flagging the wetlands and he agrees without exception with the Applicant's delineation.

 

-          Report by Planning Board Engineer setting forth review of plans' submission.  Chairman Trimble stated he has had a conversation with Ray Jurkowski and has requested he work directly with Project Engineer Chris LaPine to address any engineering issues.  A written report has yet to be submitted.

 

-          Applicant response to comments raised by adjoining landowner(s) to the west, including Ms. Mauskapf, of the project site requesting the introduction of additional natural screening.  David Silver stated he has worked closely with Meg Crawford on the Town's CAC to create the Landscape Plan presented to this Board.  Richard Murray stated he feels the applicant needs to also address the concerns of the neighboring property owners.  Ms. Mauskapf stated the trees shown on the Site Plan are depicted at a 30 year growth and hopes she doesn't have to wait that long to see the site adequately screened.  Mr. Silver stated he has no issue with planting additional trees; the spacing shown is by recommendation of the CAC.   Ms. Mauskapf stated the trees

 

must be deer-resistant and swamp/wetland hardy.  Mr. Silver stated the trees are upon the recommendation of the CAC and will be 12 to 14 feet in height at time of initial planting. 

 

-          Applicant report of discussion with Town Board and/or Highway Superintendent concerning maintenance responsibility for proposed walkway along Garden Way.  Mr. Silver stated the Town does not want to maintain any portion of the proposed trail network, including the sidewalk proposed adjacent to Garden Way within its right-of-way.  A meeting was held with the Gardens HOA today; there will continue to be work done in the interest in arriving at a trail network satisfactory to all.

 

-          Both additional applicant response, if any in addition to explanation offered at the Public Hearing on June 20th, to comments made concerning stormwater conditions / impacts on adjacent properties to the west of the project site, and input as was to be requested by the Planning Board from the Board's wetlands consultant and the Planning Board Engineer concerning Mr. Telang's memorandum of June 20, 2011. 

 

David Silver stated he believes the issues facing these property owners are being created by conditions beyond the Gardens Site.  Holly Mauskapf suggested the number of units be reduced to reduce the water issues and other environmental impacts and to maintain the rural feel of the area.  Mr. Trimble stated the underlying Special Use Permit which allows the number of units proposed on this site was issued in 1987 and has been deemed by the Zoning Administrator to remain in effect today.  While each phase of the development requires site plan review and approval the number of units, a maximum of 255 with a bedroom count ceiling, was established in 1987.  Mr. Silver stated he has already reconfigured the buildings to reduce some of the environmental impact; no building will be located within the wetland boundaries and substantially less than previously proposed will occur within the wetland buffer. 

 

Mr. Telang stated that when Phase II was approved it was contingent upon the developer fixing the building issues associated with Phase I and inquired "Is the Board going to make the developer correct these problems?".  Mr. Kirchhoff stated that when this project was purchased by his firm from the bank the purchase did not include assumption of any responsibility for undertaking improvements within Phase I.  Nonetheless the applicant is helping the residents of Phase I wherever possible including paying legal fees associated with transfer of the club house to the HOA. Bill Carroll, president of the Phase I HOA, stated the vast majority of the Phase I homeowners are in favor of Phase III; as far as he knows not one being against this development.  Pat Garaflo has been a Gardens resident since 1997 and appreciates all the new developers are doing for the project.  Ms. Garaflo is

 

concerned about rodents being displaced when the derelict buildings are taken down.  Mr. Silver stated he no evidence of rodents living in these buildings.  Holly Mauskapf asked if the buildings could be a dark earth-tone color which might blend better with the surroundings.  Mr. Silver stated use of a palette of earth-tone colors is being discussed.

 

-          Applicant status report on submission of revised Coastal Assessment Form and revised EAF Part 1, each incorporating the requested modifications set forth in my Meeting Notes for June 20, 2011.  Mr. LaPine stated a revised EAF Part 1 will be submitted shortly to the Planning Board.

 

-          Status report on submission of additional requested information to NYSOPRHP and subsequent response by NYSOPRHP setting forth its concerning the impact of the proposed development on historic resources.   Mr. LaPine stated his firm has not yet responded to NYSOPRHP but will do so shortly and copy the Planning Board on the submission.

 

-          Applicant status report on other matters to be addressed prior to close-out of Planning Board consideration of Phase III resolutions including (1) the trail system plan, (2) the River Road / Ryan Road drainage issue, and (3) the improvements' plan for Garden Way.  Mr. LaPine agreed resolution of each of these items is pending with the view expressed that the previously-proposed River Road / Ryan Road drainage improvements would likely be identified as unnecessary by the Planning Board Engineer in that post-development stormwater flow from the project site would be less than pre-development stormwater flow from the project site to this location.  

 

The Chairman stated the Public Hearing should be continued until August 15, 2011, so that outstanding information fundamental to the Planning Board's consideration of the Applications and/or the SEQRA compliance process might be presented and reviewed.

 

Richard Murray motioned and Melodye Moore and seconded to continue this Public Hearing on August 15, 2011 at 6:40 pm.  All were in favor.  Motion carried.

 

 

REGULAR SESSION (OLD BUSINESS)

 

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

 

The Chairman stated this Agenda item involves the initial presentation of Applications for Special Use Permit and Site Plan Approval under the Town Zoning Law to authorize development within 1000 feet of Hudson River in the

 

matter of the demolition of an existing guest cottage, expansion of existing single-family dwelling and construction of a new barn/garage connector on 5.064-acre TMP 6069-00-476156 at 232 Morton Road in the HP-20 District. 

 

The Proposed Action is a Type I Action under SEQRA due to location within Hudson River National Historic Landmarks District, with the Planning Board having issued a Notice of Intent to Serve as Lead Agency on June 20th with request for early response by July 15^th, no responses have been received. 

 

Mr. Fox stated AKRF has completed an Archeological Survey and the related report will be submitted to the Board.  Mr. Fox noted the property was once part of the Morton Farm.  Sharon Sherrod questioned if the property line goes through the old barn.  Mr. Fox stated that it does. 

 

Planning Consultant Art Brod stated this Board cannot accept lead agency status until the 30 day time clock has expired but is in a position to otherwise move forward with a procedural resolution at this time in consideration of the adequacy of the submission made. 

 

Chairman Trimble then read the below draft procedural resolution, as prepared by the Planning Consultant for the Board's consideration:

 

"The Town of Rhinebeck Planning Board hereby acts as follows on the Applications by Gloria and Robert Fox for Special Use Permit and Site Plan Approval to authorize development within 1000 feet of the Hudson River in the matter of the demolition of an existing guest cottage, expansion of existing single-family dwelling and construction of a new barn/garage connector on 5.064-acre TMP 6069-00-476156 at 232 Morton Road within both the Historic Preservation (HP-20) and Hudson River National Historic Landmarks Districts and the Town's Local Waterfront Revitalization Area:

 

1.      Accepts the Application as adequate for initiating Planning Board, consultant and public review.

 

2.      Reaffirms the Board's prior classification of the Proposed Action as a Type I Action under SEQRA due to its location within the Hudson River National Historic Landmarks District and acknowledges the Planning Board's issuance on June 20, 2011, of a Notice of Intent to Serve as SEQRA Lead Agency for coordinated environmental quality review.

 

3.      Schedules a Public Hearing on the Applications for Special Use Permit and Site Plan Approval for Monday, August 15, 2011, at 6:45 p.m. and directs the Clerk to provide or otherwise cause notice thereof in the manner prescribed within the Town Zoning Law.

 

 

4.      Refers the Application to the Dutchess County Department of Planning and Development for review and advisory opinion pursuant to Section 239 of the General Municipal Law.

 

5.      Refers the Application to the Town Waterfront Advisory Committee for review as to the proposed project's consistency with coastal policies.

 

6.      Delegates Planning Board members Sharon Sherrod and Mitch Markay to conduct a field visit to the project site and report their observations at the time of Public Hearing."

 

A motion was made by Mitchell Markay and seconded by Melodye Moore to adopt the above-stated resolution.  All were in favor.  Motion carried.

 

 

REGULAR SESSION (NEW BUSINESS}

 

James Fluegel - 328 Cedar Heights Road - Lot Line Alteration / Minor Subdivision

 

Planning Consultant Art Brod reviewed Mr. Fluegel's submitted Application for Subdivision Plat Approval to modify the lot lines of his two developed lots on Cedar Heights Road.  Both lots are currently each a non-conforming 3.0 acres and after the lot line alteration both parcels will remain a non-conforming 3.0 acres.  The ZEO has reviewed this Application and has found the application to be complete and the proposed lots to be consistent dimensionally with the minimum requirements of the Town Zoning Law as such pertain to existing lots of record. 

 

Art Brod stated the Agriculture Data Statement would need to be completed and submitted by the Applicant. 

 

With no further questions or comments the Planning Consultant stated the following draft procedural resolution for the Board's consideration:

 

"The Town of Rhinebeck Planning Board hereby acts as follows on the Application by James Fluegel for Subdivision Plat Approval (Lot Line Alteration) involving existing non-complying parcels, TMP 6271-00-982070 and -964055, at 328 and 336 Cedar Heights Road in the RC-5 District, the intent being the exchange of annexation parcels so as to maintain each reconfigured parcel as an existing house lot of 3.0 acres, all as set forth on a Survey Map prepared by Robert Campbell, L.S.:

 

1.      Accepts the Application as adequate for initiating Planning Board, consultant and public review conditional upon receipt of an Agricultural Data Statement,

 

which Statement shall be circulated by the Clerk in accordance with the requirements of the NYS Agriculture and Markets Law.

 

2.      Classifies the Proposed Action as an Unlisted Action under SEQRA for which coordinated environmental quality review is not required and will not be conducted.

 

3.      Schedules a Public Hearing on the Application for Monday, August 15, 2011, at 6:35 p.m. and directs the Clerk to provide or otherwise cause notice thereof in the manner prescribed within the Town's Land Subdivision Regulations.

 

4.      Delegates Planning Board members Sharon Sherrod and Jesse Hewitt to conduct a field visit to the project site and report their observations at the time of Public Hearing.

 

5.      Advises the Applicant of requirement for submission of draft consolidation (merger) deeds for review and in a form suitable for ultimate recording in the Dutchess County Clerk's Office simultaneously with the filing of the Approved Subdivision Plat."

 

A motion was made by Mitch Markay and seconded by Melodye Moore to adopt the above-stated resolution.  All were in favor.  Motion carried.

 

 

Awakened Heart Project, Inc. - River Road (CR 103) at 11 Carmel Drive - Special Use Permit and Site Plan Approval.

 

The Chairman stated this Agenda item involves a continuing Sketch Plan Conference and initial presentation of Applications in the matter of proposed conversion of an existing structure with 10,250 sf footprint previously used by the Carmelite Sisters as a convent on 11.73-acre TMP 6070-00-870870 within the Historic Preservation (HP-20) District, Hudson River National Historic Landmarks District and LWRA to a spiritual retreat and meditation center with accommodations for overnight guests and the undertaking of related site improvements. 

 

The Chairman then read the following Zoning Administrator's review memorandum of July 6, 2011:

 

 

"TOWN OF RHINEBECK

ZONING OFFICE

MEMO

 

 

TO:      TOWN OF RHINEBECK PLANNING BOARD

 

FROM:  JOHN MAASZ, ZONING ADMINISTRATOR

 

SUBJECT:  AWAKENED HEART PROJECT         

 

DATE:  JULY 6, 2011

 

In reviewing the submitted materials for the proposed Awakened Heart Project, I find the following inconsistencies with the Town of Rhinebeck Zoning Law:

 

• Article V (D) (22) (f) requires 100 acres for a conference center that contains an excess of six overnight guest rooms.  The subject property consists of 11.73 acres, or 11.73% of the required amount of property.

 

• Article V (D) (22) (b) (v) requires that a conference center of the size proposed must be accessed via a New York State highway.  The subject property is accessed via a Dutchess County highway.

 

• Article VI (A) requires a minimum side lot line parking setback of 50 feet in the HP20 zoned district in which the proposed project is located.  The submitted site plan indicates a side lot line set back of 35.7 feet.

 

Please be further advised that the following requirements of the 2010 Fire Code of New York State must be complied with:

 

503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3.

 

503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

Exceptions:

 

1. The distance is permitted to be 300 feet where the building is equipped throughout with an approved automatic sprinkler system installed in accordance with 903.3.1.1 or 903.3.1.2, when approved by the code enforcement official.

 

503.1.2 Additional access. The code enforcement official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access.

 

503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.7 and Appendix D.

 

503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet, 6 inches. Fire apparatus access roads shall also meet the width requirements of Sections D103.1 and D105 of Appendix D.

 

503.2.2 Authority. The code enforcement official shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations.

 

 

503.2.3 Surface. Fire apparatus access roads shall be designed per Section D102.1 of Appendix D, maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities.

 

503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be determined by the code enforcement official.

 

503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus as required in Section D103.4 of Appendix D."

 

Art Brod stated that each of the inconsistencies cited is a matter that might be addressed through variance by the Town Zoning Board of Appeals, and in that the applicant in a prior sketch plan conference appearance before the Planning Board, stated intent to do so, the presence of these inconsistencies would not preclude the Planning Board from accepting the Applications submitted for the limited purpose of initiating the SEQRA compliance process which necessarily begins with the identification of involved agencies and the designation from among the involved agencies of a Lead Agency for the conduct of coordinated environmental quality review.

 

Warren Replansky, Attorney for the Applicant, acknowledged receipt of Mr. Maasz's letter.  Mark Graminski, P.E., Project Engineer, explained the Application before the Board as a proposed "adaptive reuse" of the former Carmelite Sisters Convent on River Road behind the Ferncliff Nursing Home.  The site totals 11.07 acres and has access from Ricer Road (CR 103) via a private roadway, Carmel Drive.  On-site sanitary sewage facilities and municipal (Village of Rhinebeck) water supply are present. 

 

Mitchell Markay asked for clarification as to the status of this presentation before the Planning Board.  It was agreed the proceeding was an initial presentation of applications and not a sketch plan conference.  Planning Consultant Art Brod advised the Planning Board that it was limited in the action it might take at this time; while the Board cannot accept the Applications as complete the Board can acknowledge submission of applications within its purview and proceed with initiation of the SEQRA compliance process by stating its intent to serve as Lead

 

Agency under SEQRA for coordinated environmental quality review of the proposed project.  Richard Murray questioned at what point does the Applicant go to the ZBA.  Art Brod stated the Applications can be made to the ZBA at any time.  Mr. Murray asked if the necessary applications have been submitted to the ZBA.  Mr. Graminski stated he has not yet submitted an application to the ZBA.  Warren Replansky stated regardless of the timing of the application the ZBA cannot act until the Planning Board, or other duly-designated Lead Agency, makes a SEQRA determination. 

 

Chairman Trimble suggested this Board proceed by expressing its intent to act as Lead Agency on this Application. Art Brod stated it is instructive to remember that no action in any aspect of this matter, whether by the Planning Board or even by the ZBA in consideration of the Application for Variances which the applicant intends to submit, can be taken until the designated SEQRA Lead Agency has either issued a Negative Declaration (Determination of Non-Significance) or accepted a Draft Environmental Impact Statement and followed with either a Negative Declaration and/or SEQRA Findings Statement.

 

With the concurrence of the Planning Board the Chairman then read the following draft procedural resolution, as prepared by Art Brod, for the Board's consideration: 

 

"The Town of Rhinebeck Planning Board hereby acts as follows in the matter of a Proposed Action by Awakened Heart Project, Inc., involving the proposed conversion of an existing structure with 10,250 sf footprint previously used by the Carmelite Sisters as a convent on 11.73-acre TMP 6070-00-870870 within the Historic Preservation (HP-20) District, Hudson River National Historic Landmarks District and LWRA to a ‘large-scale conference center' with accommodations for overnight guests and the undertaking of related site and building improvements:

 

1.      Classifies the Proposed Action as a Type I Action under SEQRA for which coordinated environmental quality review is required.

 

2.      Acknowledges the Proposed Action involves certain permits and approvals from the Town Planning Board, including but not limited to Special Use Permit and Site Plan Approval, as well as permits, approvals and compliance determination determinations from other Town, County and State agencies.

 

3.      More specifically identifies the NYS Department of Environmental Conservation, the NYS Department of Health, the Dutchess County Health Department, the Dutchess County Department of Public Works, the Village of Rhinebeck Water Department, the Town of Rhinebeck Zoning Board of Appeals and the Town of Rhinebeck Zoning Administrator as other involved agencies with respect to the Proposed Action, and among others identifies

 

 

the New York State Office for Parks, Recreation and Historic Preservation, the Dutchess County Department of Planning and development, the Town of

Rhinebeck Waterfront Advisory Committee, the Town of Rhinebeck Conservation Advisory Council and the Town of Rhinebeck Building Department, as interested agencies.

 

4.      From among the involved agencies deems the Town Planning Board to have the broadest jurisdiction and scope of responsibility in review and approval of the Proposed Action and, thus, deems it appropriate for the Planning Board to declare its intent to serve as lead agency under SEQRA for coordinated environmental quality review.

 

5.      In consideration of the above, and with there clearly to be included in the Clerk's minutes of this meeting (a) expressed acknowledgment by the Applicant's attorney of the Town Zoning Administrator's review memorandum of July 6, 2011, citing specific inconsistencies of the intended use with Town Zoning Law requirements and (b) expressed understanding by the Applicant's attorney that the Applications submitted to the Planning Board for Special Use Permit and Site Plan Approval on June 27, 2011, are not considered complete but are simply being employed as triggers allowing the Planning Board to issue the annexed Notice of Intent to Serve as Lead Agency under SEQRA, authorizes the Planning Board Clerk with the assistance of the Planning Consultant to issue said Notice of Intent.

 

6.      Returns this matter to the Planning Board's agenda of September 19, 2011, for furtherance of the SEQRA process, beginning with declaration of SEQRA Lead Agency status provided no dissent to the Planning Board's assumption of this role is expressed by the other involved agencies."

 

A motion was made by Melodye Moore and seconded by Jesse Hewitt to accept the above stated resolution.  All were in favor.  Motion carried.

 

 

ZONING ADMINISTRATOR'S REFERRALS

 

Astor Square - NYS Route 9 North - Application for Sign Permit.

 

The Chairman stated this sign referral has been made to cause required review by the Planning Board for compliance with Town Design Guidelines and related recommendation to the Zoning Administrator as to his disposition of an Application for Sign Permit for the proposed replacement of existing free-standing sign for existing retail / office complex on NYS Route 9 North.

 

F. Woody Dierze' motioned and Melodye Moore seconded to endorse the replacement/maintenance of the existing sign.  All were in favor.  Motion carried. 

 

Archcare at Ferncliff - River Road (CR 103) - Application for Sign Permit.

 

Chairman Trimble stated this referral has been made to cause required review by the Planning Board for compliance with Town Design Guidelines and related recommendation to the Zoning Administrator as to his disposition of an Application Sign Permit(s) for a proposed sign program for the existing institutional facility at 21 River Road.  By consensus the Board determined this matter does not involve or is otherwise not limited to sign replacement in kind and therefore requires a full site plan review by the Planning Board in order to comply with the applicable requirements of the Town Zoning Law. 

 

 

EXECUTIVE SESSION

 

A motion was made by Melodye Moore and seconded by Richard Murray to suspend the Regular Meeting and enter into an Executive Session for the Chairman and members of the Planning Board to discuss a pending Article 78 proceeding with Planning Board Attorney John Lyons. All were in favor.  Motion carried.   No other parties were invited to attend the Executive Session.

 

Upon completion of the discussion with Mr. Lyons Chairman Trimble accepted a motion from Mitchell Markay and seconded by Richard Murray to exit the Executive Session and return to the Regular Meeting.  All were in favor.  Motion carried.

 

 

ADJOURNMENT

 

With no further business before the Planning Board the Chairman accepted a motion from F. Woody Dierze' and seconded by Jesse Hewitt to adjourn this meeting.  All were in favor.  Motion carried.  Meeting adjourned at 10:10 p.m.

 

 

Respectfully submitted,

 

 

Joan Winne