Planning Board Meeting 08/15/11

Planning Board Meeting Minutes

August 15, 2011

 

PRESENT:   Michael Trimble, Chair

                        Melodye Moore, Vice-Chair

                        F. Woody Dierze'                                                                

                        Sharon Sherrod

                        Jesse Hewitt

Art Brod, Planning Consultant

                        Joseph Gelb, Town Board Liaison

 

ABSENT:      Mitchell Markay

Richard Murray

 

 

CALL TO ORDER / DETERMINATION OF QUORUM

 

The Chairman called this meeting to Order at 6:30 pm and determined a quorum to be present for the conduct of business.   He noted Joan Winne is on vacation and, therefore, Planning Consultant Art Brod is serving as Acting Secretary for this session.

 

 

BUSINESS SESSION

 

• Confirmation of Agenda. Chairman Trimble stated the Agenda would stand as posted.

 

• Meeting Minutes. Chairman Trimble stated there were three sets of Minutes to be reviewed by the Planning Board, these being of April 4, May 16 and July 18, 2011.

 

-     A motion was made by Melodye Moore and seconded by Jesse Hewitt to accept the Minutes of the Regular Meeting of April 4, 2011, as submitted by the Secretary.  The motion was carried unanimously by Members present.

 

-          A motion was made by Sharon Sherrod and seconded by Jesse Hewitt to accept the Minutes of the Special Meeting of May 16, 2011, as submitted by the Secretary.  The motion was carried unanimously by Members present.

-           

-          A motion was made by Woody Dierze' and seconded by Sharon Sherrod to accept the Minutes of the Regular Meeting of July 18, 2011, as submitted by the Secretary.  The motion was carried unanimously by Members present.

 

 

Planning Consultant Art Brod advised only the Special Meeting Minutes of June 20, 2011, remained outstanding.

 

• Acceptance of Meeting Notes. A motion was made by Melodye Moore and seconded by Sharon Sherrod to accept the Planning Consultant's meeting notes as a working document. The motion was carried unanimously by Members present.

 

• Correspondence and Other Announcements.

 

-          Chairman Trimble advised Planning Board Member Mitchell Markay was moving to the Town of Clinton effective September 1, 2011, and would no longer be eligible to serve on this Board.  A discussion followed with Councilman Gelb concerning the procedure by which Mr. Markay's unexpired term would be filled by the Town Board through a process involving web-site posting, application and interview.

 

-          Chairman Trimble also informed the Board that the Town's reply to the Article 78 Petition filed by CSI Developers was timely filed with the Court prior to today's deadline.

 

 

PUBLIC HEARINGS AND RELATED ACTIONS

 

James Fluegel - 328 & 336 Cedar Heights Road - Subdivision Plat Approval

 

Chairman Trimble opened the Public Hearing on this Application by James Fluegel, owner, for Subdivision Plat Approval to authorize compensating lot line alterations between TMP 6271-00-982070 and 6271-00-964055, existing 3.0-acre non-complying house parcels at 328 and 336 Cedar Heights Road, within the Rural Countryside (RC5) District.  He stated the Proposed Action is an Unlisted Action under SEQRA.

 

Mr, Fluegel appeared and the Acting Secretary advised the Board that documentation of the satisfaction of publication, posting and noticing requirements has been presented. 

 

Sharon Sherrod reported on a field visit conducted on behalf of the Board and stated she believed the lots would be better configured following the proposed lot line alterations. Planning Consultant Art Brod stated (1) documentation should be submitted as to whether the Dutchess County Health Department has "signed off" on this proposal as a non-jurisdictional subdivision, i.e. deemed such appropriate "for filing purposes only" and requiring no water supply and/or sanitary sewage permits  and/or design approvals and (2) draft consolidation, or

 

 

merger, deeds for each of the two re-configured parcels should be presented for review by the Board and, as may be appropriate, the Town Attorney.

 

Mr. Brod stated in that no planning, zoning or environmental issues have been identified, and no unforeseen conditions or unmapped environmental features were either observed during field visit or disclosed at Public Hearing, the Board might issue a Negative Declaration under SEQRA, close the Public Hearing, and direct he prepare a conditional approval resolution for consideration at the September 19, 2011, meeting.

 

The Board concurred with the Planning Consultant's recommendation and requested Mr. Fluegel to submit the additional documentation identified. 

 

Upon motion by Melodye Moore seconded by Woody Dierze' and by unanimous vote of the Members present, the Board issued and directed the Chairman to execute a Negative Declaration stating this Proposed Action would not cause any potential significant adverse effects on the environment and, thus, stating that an environmental impact statement is not required and will not be prepared.

 

Being that the Application was now complete under the terms of the Town's Land Subdivision Regulations, and following another call for public comment and hearing none, upon motion of Melodye Moore and seconded by Sharon Sherrod and by unanimous vote of the Members present, the Chairman then closed the Public Hearing.

 

This matter will be continued on the Planning Board Agenda of September 19, 2011, for consideration of decision.

 

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

 

Chairman Trimble stated this matter involves continuation from June 20 and July 18, 2011, of a Combined Public Hearing on Applications by Rhinebeck Gardens Group, LLC, as owner / developer, 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 intended development is being 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 is Lead Agency for coordinated environmental quality review.

 

 

Chris LaPine, P.E., of The Chazen Companies and David Silver, project principal, appeared.

 

The Chairman and Planning Consultant reviewed the present status of a checklist of items which remained outstanding at the time of the July 18, 2011, meeting:

 

-          Chairman Trimble stated a letter report was received from Norbert Quenzer of Bagdon Environmental on August 5, 2011, concerning independent review by the Planning Board's consultant of the wetlands delineation performed by project team and stating he saw no discrepancies in that delineation.

 

-          Chairman Trimble stated a letter report of July 26, 2011, was received from the Planning Board Engineer setting forth his review of the plans' submission and advising only technical details remain to be addressed.

 

-          A report was provided by the Chairman of a field visit made on July 20, 2011, in response to comments offered on June 20, 2011, by adjoining landowner(s) to the west, including Ms. Mauskapf, of the project site requesting the introduction of additional natural screening.  The Chairman reported on the applicant's agreement to provide 25 additional trees for this purpose, the most effective locations for which would be selected this Fall under leaf-off conditions.  Lisa Camp of the CAC questioned the number, stating she had thought she heard it to be reported as 35.

 

-          Chairman Trimble reported the Town Board and Highway Superintendent have not agreed to accept maintenance responsibility for a proposed walkway within the Garden Way right-of-way and, as a consequence, such walkway location was "off the table".

 

-          Planning Consultant Art Brod acknowledged the applicant's submission in late July and early August of first a revised Coastal Assessment Form and then a revised EAF Part 1, and stated both set forth the modifications he requested in his June 20, 2011, Meeting Notes.

 

-          Planning Consultant Art Brod stated the applicant submitted in late July additional requested information to NYSOPRHP pursuant to request of April 27, 2011, and that a subsequent response by NYSOPRHP in the matter of its stated concern regarding the potential impact of the proposed development on historic / architectural resources is awaited.

 

-          Planning Consultant Art Brod stated other outstanding information includes (1) the applicant's submission of Applications for Site Plan Approval, Special Use Permits and Wetlands Permit, as may be required, and supporting information for implementation of the trail system plan, including a requested

 

$1,500. escrow deposit to defray environmental and other review, (2) determination by the Planning Board Engineer upon review of the SWPPP as to whether there is a River Road / Ryan Road drainage issue and, if so, is it one that will be (or has been) adversely affected by development of Gardens at Rhinebeck, and (3) the improvements' plan for Garden Way.

 

-          Chairman Trimble advised of requirement for submission of exterior architectural plans, including information on materials and colors, before the Planning Board can consider the present Application for Site Plan Approval to be complete.  He also requested a comprehensive set of revised / re-issued site plan drawings, perhaps 4 in number, be submitted for the record and reference in forthcoming SEQRA documents and Planning Board resolutions.

 

Discussion ensued of the proposed Phase 3 lighting plan with Mr. LaPine noting the Planning Board Engineer has requested additional illumination for safety at the intersections.  Mr. LaPine stated catalog cuts and an iso-lumen diagram have been submitted.  Mr. Silver inquired as to whether the Phase 2 approval might be modified to incorporate the same enhanced lighting design as Phase 3.  Planning Consultant Art Brod opined this could likely be accomplished by a field change authorized by the Zoning Administrator, Planning Board Engineer and Planning Board.

 

Member Woody Dierze' asked when Phase 2 construction might begin.  Mr. Silver said this could not occur until Phase 3 is approved; he was corrected on this point by the Town Planning Consultant and his Project Engineer.  Only the Garden Way roadway improvement and satisfaction of the conditions of the site plan approval resolution are pre-requisites to beginning Phase 2.  Mr. Silver further responded he hoped CHG&E would begin transformer and related work in September and that there would be "product for sale" in Spring 2012.

 

Barbara Lewis asked about the hours of construction activity.  She was informed these were generally governed by the daytime-level noise standards set forth in the Town's Zoning Law; i.e. 7:00 a.m. through 8:00 p.m.  Ms. Lewis also asked whether the immediate neighbors could be consulted in the Fall when the locations for the additional plantings are selected.  The Chairman assured her this would occur.

 

Upon advice of the Planning Consultant, and with there being no further questions or comments at this point from either the Board or the public, the Board upon motion by Melodye Moore seconded by Sharon Sherrod and unanimous vote of the Members present continued the Public Hearing until September 19, 2011, at 7:00 p.m.

 

 

 

 

Chairman Trimble stated the Board would take up later in the evening the required EAF Part 2 and, where appropriate to potential impacts identified during completion of EAF Part 2, discuss how the magnitude of each of these potential impacts should be addressed in EAF Part 3.  This work would set the stage for either (1) a directive to Art Brod to memorialize the Planning Board's position in the full draft of an EAF Parts 2 and 3, or (2) the identification of additional required information that must be submitted by the Applicant before the Planning Board would consider itself to be in a position to issue a determination of significance (either Negative Declaration or Positive Declaration) under SEQRA.

 

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

 

Chairman Trimble opened this Public Hearing and read the Notice of Public Hearing on the Application by Gloria and Robert Fox for Special Use Permit under the Town Zoning Law to authorize development within 1000 feet of Hudson River in the matter of in the matter of demolition of 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 Chairman stated 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 20, 2011.  Accordingly, more than 30 calendar days have passed and no dissent to the Planning Board's serving as Lead Agency has been expressed by any other involved agency. 

 

Mr. & Mrs. Fox appeared and the Acting Secretary advised the Board that documentation of the satisfaction of publication, posting and noticing requirements has been presented.

 

Mr. Fox first presented a copy of the Phase 1A Archaeological Report prepared by AKRF and stated the areas in which we're planning to build have been documented as already disturbed, including by such features as the old septic field, electric lines, sewer lines and water lines.  Upon inquiry by Planning Consultant Art Brod, Member Melodye More stated she had reviewed the report and found it to be satisfactory.

 

Mr. Fox then proceeded with site plans, building elevations and floor plans, and a buildings' model to detail his proposal.  He also discussed the possibility his proposed footprint might increase from 3871 s.f. (1.76% lot coverage) to as much as 4451 s.f.  (2.0% lot coverage) without additional encroachment on required setbacks, the setbacks being the subject of an Application for Area Variance(s) pending before the ZBA.  It was the consensus of the Planning Board this upper

 

limit would be acceptable, falling far below the maximum 5% lot coverage authorized within the HP-20 District. 

 

Discussion continued as to the status of the "guest cottage" and the "existing house" within the National Historic Landmarks District.  While the former is a "non-contributing structure" the latter is highly likely designated as a "contributing structure" and the proposed work could require a certificate from the Planning Board under the Town's Historic Buildings Protection Law.  Mr. Fox did say the existing house had been gutted, "stripped to the studs", a number of years ago by a prior owner.

 

Mr. Fox also displayed views of the existing house and proposed addition from the edge of the property and the Hudson River, noting the structure would be more visible from the River in a leaf-off condition.  He further stated the expanded house would be white clapboard while the bard would be traditional barn red.

 

Member Sharon Sherrod reported on a field visit she conducted with Mitchell Markay on behalf of the Board and stated she believed there to be no issues present.  She noted there would be no disturbance to the remains of the old Morton barn or any related areas like the herb garden(s).  Ms. Sherrod went on to state Member Markay did identify some concerns regarding (1) a potential screened enclosure within the herb garden area to the southwest of the house , (2) visual impact from the neighboring parcel, and (3) the choice of exterior building materials.

 

It was concluded the first was not part of the current proposal and would not be so incorporated, that visibility of the intended improvements was not a substantial concern, and that the Planning Board's design review authority did not extend to consideration of appropriate exterior building materials on a single-family residential site.

 

Chairman Trimble asked whether there was any public comment to be heard.  Michael DeColla stated it was not up to him to either like or dislike the proposal provided the Planning Board was satisfied the requirements of the Town's Zoning Law are being met.

 

Chairman Trimble then asked the Board if Members were comfortable with moving forward with the draft Negative declaration under SEQRA he had asked the Planning Consultant to prepare, including within the Negative declaration the additional language suggested by Mr. Brod concerning the potential requirement for a certificate under the Town's Historic Buildings Protection Law.

 

Being the consensus of the Board to so proceed, Woody Dierze' moved and Jesse Hewitt seconded the below SEQRA compliance resolution be adopted:

 

"In the matter of the proposed demolition of an existing guest cottage, expansion of existing single-family dwelling and construction of a new barn/garage connector by Gloria and Robert Fox 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, the Town of Rhinebeck Planning Board hereby:

 

1.   Declares the Planning Board, upon circulation of a Notice of Intent to Serve as Lead Agency on June 20, 2011, and with the concurrence of each of the other potential involved agencies, to be the Lead Agency under SEQRA for required coordinated environmental quality review of this Type I Action, and

 

2.      As duly-established SEQRA Lead Agency determines upon examination of the Full EAF Part 1 verified by the Applicant, Robert Fox, 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 existing guest cottage as a ‘non-contributing structure' and the existing single-family dwelling as a ‘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.

 

3.      In issuing this determination the Planning Board recognizes that the existing single-family dwelling, which while reportedly previously stripped to the studs on both its interior and exterior of any architectural significance, may perhaps still the subject of requirement for issuance of a certificate for removal and/or demolition under the Town's Historic Buildings Protection Law."

 

The motion was carried by unanimous vote of the Members present.

 

Being that the Application was now complete under the terms of the Town's Zoning Law, and following another call for public comment and hearing none, upon motion of Melodye Moore and seconded by Jesse Hewitt and by unanimous vote of the Members present, the Chairman then closed the Public Hearing.

 

Chairman Trimble next turned to the draft approval resolution that had been prepared and slightly modified during the meeting by Planning Consultant Art Brod:

 

 

 

"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.      Finds the proposed use and related building and site improvements 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 and related building and site improvements 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 and related building and site improvements to be consistent with pertinent coastal policies set forth within the Town's LWRP.

 

4.      Acknowledges that an Application for Area Variances so as to authorize the reduced front yard and side yard setbacks has been submitted to the Zoning Board of Appeals, accepted by the ZBA, and the subject of a Public Hearing opened on April 6, 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 August 15, 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 standards subject of the Application for Area Variances 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 and, as may be pertinent, the Town's Historic Structures Protection Law.

 

A motion to adopt the above-stated resolution was made by Jesse Hewitt and seconded by Melodye Moore.  The motion was carried by unanimous vote of the Members present.

 

 

REGULAR SESSION (OTHER OLD BUSINESS)

 

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

 

As noted earlier in the meeting by Chairman Trimble the Board completed at this time the required EAF Part 2 and, where appropriate to potential impacts identified during completion of EAF Part 2, discussed how the magnitude of each of these potential impacts should be addressed in EAF Part 3.  Principal areas of potential impact indicated related to land, water, aesthetic resources, transportation, and the growth and/or character of the community.

 

Upon completion of this work the Planning Board upon recommendation of the Chairman and by its consensus directed Planning Consultant Art Brod to (1) memorialize the Planning Board's position in the full draft of an EAF Parts 2 and 3, (2) prepare a draft Negative Declaration under SEQRA, and (3) further prepare a draft Conditional Approvals Resolution for consideration in whole or in part by the Planning Board at its September 19, 2011, meeting provided the additional information requested from the applicant is received prior to September 5, 2011.

 

 

REGULAR SESSION (NEW BUSINESS)

 

Ferncliff (Archcare) Signage Program - River Road (CR 103) - Site Plan Approval

 

Chairman Trimble reviewed the Application by Archcare at Ferncliff for Site Plan Approval in matter of Signage Program at its facility on River Road (CR 103) in the HP-20 and Hudson River National Historic Landmarks Districts. 

 

Upon recommendation of the Planning Consultant, the Chairman read the below draft procedural resolution:

 

"The Town of Rhinebeck Planning Board hereby acts as follows on the Application by Archcare at Ferncliff for Site Plan Approval in the matter of the

 

installation of a Signage Program at its facility on River Road (CR 103) in the HP-20 and Hudson River National Historic Landmarks Districts:

 

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

 

2.      Classifies the Proposed Action as a Type I Action under SEQRA due to its location within the Hudson River National Historic Landmarks District.

 

 

3.      Identifies no other involved agencies in this matter and, thus, declare the Planning Board to be the Lead Agency for environmental quality review under SEQRA.

 

4.      Directs the Clerk to provide a copy of the Application and this Resolution to the NYS Office for Parks, Recreation and Historic Preservation for information and comment for receipt not later than September 19, 2011, as the OFFICE may deem appropriate.

 

5.      Schedules a Public Hearing on the Application for Site Plan Approval for Monday, September 19, 2011, at 6:50 p.m. and directs the Clerk to provide or otherwise cause notice thereof in the manner prescribed within the Town Zoning Law.

 

6.      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.

 

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

 

8.      Delegates Planning Board members Jesse Hewitt and Woody Dierze' to conduct a field visit to the project site and report their observations at the time of Public Hearing."

 

A motion to adopt the above-stated resolution was made by Melodye Moore and seconded by Sharon Sherrod.  The motion was carried unanimously by Members present.

 

 

ZONING ADMINISTRATOR and/or ZBA REFERRALS

 

None was scheduled.

 

 

 

ADJOURNMENT

 

With no further business before the Board, the Chairman accepted a motion from F. Woody Dierze' seconded by Melodye Moore to adjourn this meeting.  All Members present were in favor.  The Chairman declared this meeting adjourned at 8:29 p.m.

 

 

Respectfully submitted,

 

 

Arthur F. Brod Jr.

Acting Secretary

for

Joan Winne

Secretary