Planning Board Meeting 12/19/11 Minutes

Date of Minutes: 
12/19/2011

December 19, 2011

PRESENT:  Michael Trimble, Chairman

                        Jesse Hewitt

                        Sharon Sherrod

                        F. Woody Dierze'

                        Robert Babirad

                        Art Brod, Planning Consultant

 

ABSENT:      Melodye Moore, Vice-Chair          

                        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.

 

 

BUSINESS SESSION

 

  • Meeting Agenda. The Chairman stated the following changes to the published agenda: remove New Cingular Wireless PCS, LLC (AT&T) at the request of its counsel until further research can be conducted and add review of an application for sign permit for Matchbox Café forwarded by the Acting ZEO.

 

  • Acceptance of Meeting Notes. A motion was made by Sharon Sherrod and seconded by Jesse Hewitt to accept the Meeting Notes as presented by Art Brod as guidance in consideration of the matters set forth on the Agenda. All present were in favor. Motion carried.

 

  • Meeting Minutes of November 21, 2011. A motion was made by F. Woody Dierze' seconded by Robert Babirad to accept the Minutes of the Regular Meeting of November 21, 2011, as submitted. All present were in favor. Motion carried.

 

  • Modification of 2012 Regular Meeting Calendar. The Chairman stated the Regular Meeting posted for Monday, January 2, 2012, will instead be held on Tuesday, January 3, 2012, due to the New Year's Day holiday observance.

 

  • Report on Position of Zoning Enforcement Officer. Michael Trimble stated the Town Board has appointed him Acting Zoning Enforcement Officer. The Town Board has accepted applications and is holding interviews for a permanent ZEO.

 

  • Correspondence and Other Announcements. The Chairman announced that on December 12, 2011 the Town Board appointed Michael Trimble as Planning Board Chairman for 2012, Melodye Moore as Planning Board Vice-Chair for 2012 and reappointed Richard Murray as a Planning Board Member for a 7 year term.

 

 

PUBLIC HEARINGS / RELATED PLANNING BOARD ACTIONS

 

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

 

The Chairman stated  this item is a continuation from May 2, June 6, July 18 and September 19, and November 16, 2011, of the Public Hearing on the 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.  As also stated on the Agenda, this matter is a Type I Action under SEQRA for which NYSDEC is serving as Lead Agency. 

 

Art Brod stated the Application to the Planning Board could not be considered complete until the SEQRA compliance process had been completed by NYSDEC and until the Application was considered complete the Public Hearing could not be closed.  NYSDEC has now completed their SEQRA process and issued their Mined Land Reclamation Permit; the Planning Board may now move forward.  

 

Art Brod continued to state the Planning Board has received the a related Request for Waiver from the Wetlands Permit requirements in accordance with Section 120-8 of the Wetlands Law.   The Chairman stated the Town Engineer has basically signed off on this Application through letter dated December 19, 2011, and both NYSDEC documentation and the Waiver Request are in order.

 

With no further questions the Chairman accepted a motion to close this Public Hearing from Sharon Sherrod and seconded by Jesse Hewitt.  All present were in favor.  Motion carried.  The Chairman then accepted a motion from F. Woody Dierze' seconded by Jesse Hewitt to direct Art Brod to draft a resolution granting the waiver request and approving the special use permit with continuing conditions, this resolution to be considered on January 3, 2011.  All present were in favor. Motion carried.

 

Susan Williams - 116 Frost Road - Subdivision Plat Approval.

 

The Chairman stated  this item is a continuation from February 7, April 4, May 2, June 6, July 18, September 19 and November 16, 2011, of the Public Hearing on the 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,  this matter is an Unlisted Action under SEQRA. 

 

Art Brod stated there were two outstanding matters that needed to be addressed before the Planning Board could move forward with this application, (1) resolution of a lot line boundary discrepancy involving the Applicant's lands and those owned by the Town of Rhinebeck and (2) requirement for Dutchess County Health Department design approval for water supply and sanitary sewage arrangements to support single-family residential development of the proposed new building lot.

 

A recently proposed solution to the boundary issue devised by the Town Attorney among others was accepted in principle by the Town Board on December 12, 2011, and a copy of the full application submitted by the Project Engineer to the Dutchess County Health Department in the matter of design approval for the above-cited water supply and sanitary sewage arrangements has been presented to the Planning Board.

 

There being no further discussion, Chairman Trimble read the preamble and first numbered paragraph of the draft resolution prepared by Art Brod for the Board's consideration of its determination of significance under SEQRA.  A motion was made by F. Woody Dierze' and seconded by Sharon Sherrod to deem that the Proposed Action will not cause any potential significant adverse effect on the environment.  All present were in favor.  Motion carried. 

 

The Chairman then accepted a motion from Jesse Hewitt seconded by Sharon Sherrod to close this Public Hearing.  All present were in favor.  Motion carried.

 

The Chairman next read the full text of the draft resolution, including both the SEQRA component and approval with conditions under the Town's Subdivision Regulations:

 

"The Town of Rhinebeck Planning Board hereby acts as on the December 10, 2010, Application by Susan A. Williams, Marie T. Welch, L.S., Agent, for Subdivision Plat Approval (Lot Line Alteration involving existing non-complying parcels, TMP 6269-00-946255 and -936229, in the RC5 District), including requested waiver of requirement for the provision of certain specified topographic contour data, the proposal being for exchange of equal 0.753-acre annexation parcels between the parcels, the intent being to maintain an existing house lot of 3.083 acres and create a new residential lot of 3.872 acres, both as shown on a Surveyor's Map prepared by Welch Surveying, dated December 8, 2010, and revised to February 14, 2011, and both further described in the accompanying Short EAF Part 1, Agricultural Data Statement and Site Resource Analysis Assessment, and further subject of both the annexed December 12, 2011, adopted resolution of the Town Board addressing both the ‘gore' and the ‘deed overlaps' shown on the Surveyor's Map, and an Application for Individual Permit (Sanitary Sewage) submitted to the Dutchess County Health Department by Mark Graminski, P.E., on December 16, 2011, a full copy of which has been presented to the Planning Board for its files:

 

1.      In its role as SEQRA Lead Agency determines upon review of the EAF Part 1 certified by Ms. Welch and its own completion of EAF Part 2 in consideration of the ‘criteria for determining significance' set forth at Title 6 Part 617.7.c NYCRR that the Proposed Action will not cause any potential significant adverse effects on the environment and, thus, issues a Negative Declaration deeming an environmental impact statement to not be required and stating such will not be prepared.

 

2.      Grants Subdivision Plat Approval for the ‘Susan Williams Minor Subdivision /Lot Line Alteration', as depicted on the Survey Map entitled ‘Lot Line Alteration / Susan Williams' signed and sealed by Marie T. Welch, L.S., dated December 8, 2010, and revised to February 14, 2011, and/or otherwise described within the above-cited documents with the Chairman authorized to stamp and sign the Subdivision Plat upon the Applicant's satisfaction of each of the below conditions and/or requirements within one hundred eighty (180) calendar days from the date of adoption of this resolution:

 

-          Full implementation of the agreement between the Town of Rhinebeck, as adjoining landowner, and Susan Williams to satisfactorily address and resolve the ‘gore' and the ‘deed overlaps' depicted on the Surveyor's Map, all as discussed within the above-cited Town Board's resolution.

 

-          Whether as part of the above implementation, or apart there from, review and ‘sign-off' by the Town Attorney on any merger, or consolidation deeds, that may in the opinion of the Town Attorney be required for recording in the Dutchess County Clerk's Office to complement the Final Plat as will be there filed.

 

-          Design Approval by the Dutchess County Health Department for proposed individual lot water supply and sanitary sewage arrangements as subject of the above-cited submission by Mr. Graminski.

 

-          Stamping of the Subdivision Plat as either a ‘non-jurisdictional subdivision' or ‘for filing purposes only' by the Dutchess County Health Department.

 

-          Submission of Final Plat drawings in the number and form specified under the Town's Land Subdivision Regulations and bearing thereon all approval stamps, seals, signatures and certifications.

 

-          Payment of any outstanding fees or reimbursable amounts due to the Town of Rhinebeck for costs incurred in the review and processing of this Application, including in the matter of satisfaction of the conditions and/or requirements set forth in this resolution.

 

In taking this action the Planning Board finds there to be no additional lots being created and thus deems the provisions of Town Code Chapter 101, Subdivision of Land, relating to either the set aside of park, recreation or other publicly-accessible open space land within the bounds of a subdivision or payment of an alternate cash in-lieu-of land fee to the Town of Rhinebeck for deposit in the Town's Recreation Trust Fund to not be applicable to the Susan Williams Minor Subdivision / Lot Line Alteration." 

 

A motion was made by Sharon Sherrod seconded by Jesse Hewitt to adopt the above-stated resolution.  The Chairman polled the Board.  The motion carried by a unanimous vote of the Board members present. 

 

 

REGULAR SESSION (OTHER OLD BUSINESS)

 

Darin Page - 20 Hutton Street - Special Use Permit and Site Plan Approval

 

Chairman Trimble stated this Applicant is not in attendance per a conversation he held as Acting ZEO with the Applicant's representative, Kelly Libolt of Page Park Associates.  Mr. Trimble stated this Application is within the Rhinecliff Overlay District; the Zoning Code prohibits the Planning Board from waiving any requirement for which relief would typically be sought from the ZBA.  The Applicant must seek relief from the ZBA on both the issue of the structure height as limited by the Zoning Law Town-wide within the District Schedule of Area and Bulk Regulations to a maximum of 35 feet and proposed square footage substantially in excess of the maximum 2,300 square feet gross floor area guideline set forth for the Rc-O District.  The Applicant might as an alternative modify his plan to be compliant with the Zoning Code.

 

The Chairman noted this Applicant can return to the Planning Board once these issues are resolved. 

 

Awakened Heart Project, Inc. - River Road (CR 103) at 31 Carmel Drive - Special Use Permit and Site Plan Approval

 

The Chairman stated  this item involves the acknowledgment of requested review comments from the Town Engineer, the Town Planner and the Conservation Advisory Board / Waterfront Advisory Committee in the matter of the Proposed Adaptive Reuse of the Carmelite Sister Convent into a Silent Meditation Conference Center within the Historic Preservation (HP-20) and Hudson River National Historic Landmark Districts and the Town's LWRA, being a Type I Action under SEQRA for which Planning Board has declared intent to serve as Lead Agency for coordinated environmental quality review.

 

The Chairman stated the Board has received the below reviews from Planning Board Engineer Ron Evangelista and Town Planner Art Brod this project.  Initial comments from the CAB were received from their November 16, 2011 meeting; no additional comments have been received. 

 

 

Planning Board Engineer's Report (Letter of December 19, 2011)

 

 

"Town of Rhinebeck Planning Board

Town Hall

80 East Market Street

Rhinebeck, NY  12572

Attn:     Mr. Michael Trimble, Chairman

 

Re:      Awakened Heart Project, Inc.

            6070-00-870870

            Site Plan and Special Permits

            River Road (CR 103) at 31 Carmel Drive

            MA # 211879

 

Dear Chairman Trimble and Planning Board Members:

 

This office received copies of the following documents:

Plan set prepared by Mark Graminski, P.E/L.S, Consulting Engineer and Land Surveyor titled Awakened Heart Project, Inc:

Ø                  Sh 1 of 6 titled Overall Site, dated 10-31-11

Ø                  Sh 2 of 6 titled Site Plan dated 10-31-11

Ø                  Sh 3 of 6 titled Grading & Utility Plan dated 10-31-11

Ø                  Sh 4 of 6 titled Proposed Access & Alternate Drive Details dated 10-31-11

Ø                  Sh 5 of 6 titled Erosion & Sediment Control Plan dated 10-31-11

Ø                  Sh 6 of 6 titled Construction details dated 10-31-11

Mark R. Graminski, P.E. & L.S. to M. Trimble letter dated 10-31-11

Full Environmental Assessment Form dated 10-31-11

Hartgen Archeological Associates, Inc. report dated 10-11

Lighting details and Exterior Lighting Plan dated 10-27-11.

 

1.                  The following matters are subject to the review and approval of the Town Planner.

 

a.                  SEQR

b.                  Zoning matters.

c.                  Lighting.

d.                  Landscaping and screening.

e.                  Refuse enclosure.

f.                    Handicap access and handicap parking.

g.                  Pedestrian and traffic circulation, including if the proposed 8' wide driveway lanes are acceptable.           

h.                 Parking and loading areas. 

i.                    Wetland delineation and buffer: for the ACOE/Town wetland and buffer.

i.                    The Town Planner should also review the stone wall relocation along River Road at the proposed new entrance and the related clearing for sight distance.

 

2.                  The plans should be submitted to reviewed and receive approval of the Town Fire Inspector.

 

3.                  The applicant should address any comments from DCDOP, if applicable.  A DCDPW driveway/curb cut permit will also be required; and comments from Rhinecliff Fire Chief.

 

4.                  Applicant's engineer shall contact the Dut.Cty. Health Dept. to determine if approval or modification to approvals for the water (Village) and sewer (Ferncliff) will be required.

 

5.                  The applicant's engineer shall contact the Ferncliff Nursing Home and/or DC Dept of Health to determine if modification to their SPDES permit is required, or if the proposed 5000 gpd discharge from the site does not exceed the sewage flow allotment previously assigned to the Carmelite Sisters.   Provide a copy of the Engineer's Report.

 

6.                  The following items are subject to the review and approval of the Town Attorney.

 

a.                  Easements and agreements regarding proposed primary access.

b.                  Sight distance easements may be required by DCDPW for the alternate access.

 

7.                  Housekeeping:

 

a.                  All required signatures and seals (owner, engineer, and surveyor) shall be shown on the Final Site Plan before the plan is presented for Planning Board signature. 

 

This office has reviewed the above mentioned and other pertinent materials and offers the following comments.

 

8.                  The applicant's engineer states that the total amount of disturbed area is less than 1 acre so a SWPPP will not be required.  However,

 

a.         The actual disturbed area shall be determined from the most recent plan, and it appears the EAF may need to be revised to match. 

b.         It appears the existing ground will be disturbed in the area of the proposed overflow parking and the grass pavers, and at the loading and fire access, and at the extended parking area, and for the several building envelope changes. 

c.         However, Plan Sh 2 shows a proposed access, and plan Sh 5 shows the regrading (including regrading outside of the proposed clearing limits).  If Built, that work will disturb more than the noted 0.05 acre disturbance (min. 0.75 ac per plan Sh 4 just for the drive). 

d.         Also in line with the disturbance area, the responses to EAF items A.2 and B.4 must match.  Further, the responses to EAF items B.1.b and c must be the entire site, since the Planning Board will not approve a segmented project and the amended site plan approval is valid for the entire holdings, not just some small disturbance area within the 11.73 acre site.

e.         A stormwater management report as necessary shall be prepared, either a based SWPPP or a full SWPPP.  In either case, an engineering design report should be prepared to provide design criteria and analysis for the proposed stormwater management practices, including culvert capacities, catch basin grate capacity, and infiltration practices.

f.          This office will more carefully review the proposed ESC plan (Sh 5) after resolution of all questions regarding the extent of proposed construction and together with the SWPPP per comment e above.

 

9.                  The plans should be revised to resolve and clarify the concerns identified below.

 

a.                  The plans shall provide a soil stockpile area with silt fence.

b.                  The plans shall provide an area for material stockpile.

c.                  The plans shall provide an area for concrete truck washout or note on the plans that the trucks will not be allowed to washout on site.

d.                  Orange construction fencing shall be placed along the easterly boundary of the 100' adjacent area to insure that there is no encroachment.

e.                  A note shall be placed on Sheet 5 of 6 that states that the erosion and sediment control measures for the proposed alternate access is shown only for approval purposes and will not be installed until such time that the access is to be constructed.  Suggest ‘Proposed Alternate Access' relabel to "Alternate Access in Reserve"  Amended Site Plan Required to Construct.

f.                    The materials, color, etc. for the proposed sign shall be provided and approved by the Planning Board.

g.                  The plan should resolve where each of the "grass lined swale" detail and the "vegetated swale" detail applies.  Neither feature appears to be identified on Sh 5.

h.                 The plan should clarify if the drainage outlet at the proposed fire access is new or existing.  If new, it appears the plan should demonstrate that no point discharge is directed to the adjacent property.

i.                    The plan should clarify what will be done with the existing Carmel Dr. when either the alternate Access is constructed or an Alternative Agreement is reached with Ferncliff for a new Primary Access.

j.                    The plan should have a note to call Dig Safely New York, dial 811.

 

10.       This office requests a joint site Inspection with the Project Engineer.

 

If you have any questions or concerns, please feel free to contact Raymond Jurkowski, at 454-3411, ext. 46 or Ron Evangelista at ext. 33.

 

Very truly yours,

                                                                        MORRIS ASSOCIATES

                                                                        Engineering Consultants, PLLC

 

Ronald M. Evangelista, CCEO/PEA/IE

                                                                                    Senior Engineer / Project "

 

Project Engineer Mark Graminski stated he spoke with Ron Evangelista today to clarify the access.  Warren Replansky stated he is working on a resolution to the gating of Carmel Drive and will advise the Board when more progress has been made. 

 

Mr. Graminski stated DEC permits are not required; the SDS will be under the existing SPDES permit for the Ferncliff (Archcare) STP and will be discussed in a forthcoming Engineer's Report. 

 

 

Town Planner Art Brod's Report (Excerpt from Meeting Notes for December 19, 2011)

 

-          "Site Plan, dated October 31, 2011.         I have no comments at this point in the process on the site plan drawings by Mr. Graminski.  After initial engineering review has occurred and overall site configuration has been found acceptable, detailed review of lighting, landscaping, signage and other site amenities will be undertaken as part of the site plan review process.  While it is perhaps my oversight I do not have, and do not recall seeing, exterior architectural drawings for the building with proposed additions and/or other modifications, these drawings being an integral part of a complete site plan submission.

 

-          Environmental Assessment Form (EAF) - Part 1, dated October 31, 2011.  Responses to items A(6) and A(7) are reversed and should be corrected.  The project site is within a district listed on the National Register of Historic Places; the project site is not contiguous to a site listed on the Register of National Natural Landmarks.  In addition, no response is presented to item C(7).  In addition, other elements of the current submission (e.g. the ‘Project Review Cover Form' appended to the below-discussed Archeological Report) indicate NYSDEC wastewater permit/approval is required while this requirement is not set forth at item B(25) of the EAF.  Clarification and correction is required.

 

-          Exterior Lighting Plan and Details, dated October 27, 2011.  Fixture No. 6, which is depicted as being seven (7) on number, exceeds the maximum pole/fixture height of 15 feet set forth within Town Code Chapter 125, Zoning.

 

-          Phase 1 - Archeological Site Investigation, Hartgen Archeological Associates, Inc., dated October 2011. At various locations in the text (e.g. Pages 1, 5, 7 and 8) there are descriptions of the proposed project.  When discussing the building, all refer to ‘modifications to the interior portion of the building'; none acknowledge the additions --- though limited in floor area --- to the building and discuss what effect these may have on the .exterior appearance of the building.

 

The report does accurately describe the building as a ‘non-contributing' structure within the Hudson River National Historic Landmarks District and just as accurately notes that the stone wall parallel to the west side of River Road is an element of the National Register-listed Ferncliff Design Landscape.

 

The latter being the case causes this component of the project to be a matter for review by NYSOPRHP and the Planning Board in its SEQRA Lead Agency role.  Perhaps some visual depiction of the effect of the proposed removal of a section of this stone wall should be requested by the Board.

 

Once the above items have been addressed, I will coordinate with the Planning Board Clerk in sending on behalf of the Board in its SEQRA Lead Agency role the Archeological Report to NYSOPRHP for its consideration.  It appears to me that the methodology and extent of investigation undertaken has been appropriate and, unlike later comment on the terrestrial ecological work presented, the archeological work dovetails closely with the totality of the proposed project including the alternate vehicular access route.

 

-          Traffic Evaluation, Creighton Manning, dated October 24, 2011.  I have found the Traffic Evaluation to be methodologically sound in its assessment of the long-term traffic impacts of the project and, in consideration of the information inputted, the related conclusion that acceptable levels of service presently exist and will be maintained under the ‘Build Condition'.  It would appear to me there has however been failure to account for additional traffic that would be generated by the Gardens; that being said, the statement at Page 2 of 4 concerning the absence of any development that would contribute to the background traffic volume, while perhaps representing what CM was told, is in error.  Relatedly, it appears to me to be unrealistic to consider 2012 the ‘Build Year' for this undertaking; in consideration of the agreements to be reached, the permits and approvals to be secured, and both building and site improvements to be undertaken, I would expect 2013 occupancy to be more realistic.

 

Once the above copies have been addressed, I will coordinate with the Planning Board Clerk in sending on behalf of the Board in its SEQRA Lead Agency role the Traffic Evaluation to Dutchess County DPW for its consideration.

 

-          Coastal Assessment Form dated June 27, 2011.  The submitted Coastal Assessment Form is not the proper form.  The proper form is appended to Town Code Chapter 118, Waterfront Consistency Review.  This form should be completed by the Applicant and submitted to the Planning Board.

 

-          Natural Resources Survey and Threatened and Endangered Species Habitat Suitability Assessment, Ecological Solutions, LLC, dated June 25, 2011.  I have found Ecological Solutions, LLC's, report to be appropriately comprehensive in its consideration of regulated species as set forth by NYSDEC and/or the U.S. Fish & Wildlife Service. 

 

A shortcoming of this report relates however to its timing.  Due to its early preparation, the modified access configuration recently set forth on the Site Plan and considered in the Archeological Report has not have been taken into account.  The Introduction first states at Page 3 Ecological Solutions' more limited understanding of the intended project in the words ‘The property owner plans to renovate the existing building and construct additional parking' and then at Page 5 ‘To summarize, the project is for the renovation and use of the existing building, road and parking lot and addition of parking spaces using grass pavers.  Few if any trees will be removed for this project and land disturbance is minimal'.

 

Ecological Solutions should re-visit this report and incorporate in its work consideration of the potential impact on endangered and threatened species habitat, perhaps in particular related to the Indiana bat, attributable to the modified access configuration.  

 

-          Zoning Issues.  All parties have acknowledged that the proposed project cannot proceed unless relief is granted by the Town Zoning Board of Appeals from certain provisions of Town Code Chapter 125, Zoning.  It has also been acknowledged by all parties that no required public hearing on any request for variance made to the ZBA may be closed and no decision made concerning any such request until the Planning Board, in its role as SEQRA Lead Agency, has completed coordinated environmental quality review under SEQRA."

 

Art Brod stated he conducted limited review on the site plan detail due to the early timing of review of this project and his desire to first learn of the Planning Board Engineer's comments.  Mr. Brod did state that exterior building elevations remain to be submitted as an integral part of the site plan submission. 

 

Chairman Trimble stated that full copies of any applications made to the ZBA should also be submitted to the Planning Board to aid in the completion of the SEQRA process in its lead agency role. 

 

The Board and Applicant concurred this Application can continue at the Planning Board Meeting on February 6, 2011.   Mark Graminski requested the Board's permission to meet with Planning Board on items within his review letter.  Chairman Trimble stated that provided adequate escrow funds are available the Applicant's representative and the Town's consultant's can certainly work together to resolve issues and secure need information. 

 

Heart Ford - NYS Route 9G North - Subdivision Plat, Site Plan, Special Use Permits and Wetlands Permit

 

Art Brod provided Mark Graminski, P.E., Project Engineer, with his preliminary checklist of items (see below excerpt from Meeting Notes for December 19, 2011) required so that the Planning Board might be in a position to move forward on this Application.  Chairman Trimble stated that once this additional information is submitted he will speak to the Planning Board Attorney on the SEQRA classification issue raised by the Project Attorney, Mr. Cantor.

 

"Checklist:

 

1.      site plan depiction by location of sanitary sewage system elements,

 

2.      preliminary engineer's report concerning proposed sanitary sewage system and copies of related communications with the NYSDEC and/or the Dutchess County Health Department,

 

3.      application for any additional SUP's required due to sanitary sewage system design / location,

 

4.      application for Wetlands Permit pursuant to Town Code Chapter 120, Wetlands, and

 

5.      revised EAF Part 1, including modified response to item B(25) and to any other items that may be required so as to be consistent with the revised site plan and the required permits and approvals.

 

At this point, having not yet seen the revised site plan, I cannot assess whether the revised site plan will cause the need for any re-examination or expansion geographically of the matters evaluated in the previously-submitted Phase I Archeology Report by Hartgen Archeological Associates, Inc. or the Wetland Functional Evaluation and Impact Report by Ecological Solutions, LLC."

 

The Chairman stated and the Board concurred  it would entertain a presentation of the requested additional information at its January 3, 2012 meeting providing it is understood there will not have been adequate time to review the SEQRA classification issue.  Mr. Graminski agreed SEQRA would not be part of the discussion on January 3rd.  Mark Garminski agreed.

 

 

REGULAR SESSION (NEW BUSINESS)

 

With earlier stated deletion of New Cingular Wireless PCS, LLC (AT & T) -- 59 Morton Road - Special Use Permit and Site Plan Approval, none was considered.

 

 

ZONING ENFORCEMENT OFFICER, ZBA AND TOWN BOARD REFERRALS

 

Sign Permit / Matchbox Café

 

The Acting ZEO requested the Planning Board review the Application for Sign Permit to authorize the installation of an awning sign (5 ½ feet wide and 5 feet high) stating on two lines "Matchbox Café / Comfort Food and Cookies"    F. Woody Dierze' and Robert Babirad stated they have viewed the sign and do not find it objectionable. 

 

Jesse Hewitt motioned and Sharon Sherrod seconded as follows:

 

"The Town of Rhinebeck Planning Board finds the proposed sign consistent with Town Design Guidelines and recommends the ZEO issue the requested awning sign permit to the Matchbox Café."

 

All present were in favor.  Motion carried.

 

ADJOURNMENT

 

With no further business before the Board, the Chairman accepted a motion from F. Woody Dierze' seconded by Sharon Sherrod to adjourn this meeting.  All present were in favor.  The Chairman declared this meeting adjourned at 7:23 pm.

 

Respectfully submitted,

 

 

Joan Winne

Planning Board Secretary

 

 

 

 

 

 

 

December 19, 2011

PRESENT:  Michael Trimble, Chairman

                        Jesse Hewitt

                        Sharon Sherrod

                        F. Woody Dierze'

                        Robert Babirad

                        Art Brod, Planning Consultant

 

ABSENT:      Melodye Moore, Vice-Chair          

                        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.

 

 

BUSINESS SESSION

 

  • Meeting Agenda. The Chairman stated the following changes to the published agenda: remove New Cingular Wireless PCS, LLC (AT&T) at the request of its counsel until further research can be conducted and add review of an application for sign permit for Matchbox Café forwarded by the Acting ZEO.

 

  • Acceptance of Meeting Notes. A motion was made by Sharon Sherrod and seconded by Jesse Hewitt to accept the Meeting Notes as presented by Art Brod as guidance in consideration of the matters set forth on the Agenda. All present were in favor. Motion carried.

 

  • Meeting Minutes of November 21, 2011. A motion was made by F. Woody Dierze' seconded by Robert Babirad to accept the Minutes of the Regular Meeting of November 21, 2011, as submitted. All present were in favor. Motion carried.

 

  • Modification of 2012 Regular Meeting Calendar. The Chairman stated the Regular Meeting posted for Monday, January 2, 2012, will instead be held on Tuesday, January 3, 2012, due to the New Year's Day holiday observance.

 

  • Report on Position of Zoning Enforcement Officer. Michael Trimble stated the Town Board has appointed him Acting Zoning Enforcement Officer. The Town Board has accepted applications and is holding interviews for a permanent ZEO.

 

  • Correspondence and Other Announcements. The Chairman announced that on December 12, 2011 the Town Board appointed Michael Trimble as Planning Board Chairman for 2012, Melodye Moore as Planning Board Vice-Chair for 2012 and reappointed Richard Murray as a Planning Board Member for a 7 year term.

 

 

PUBLIC HEARINGS / RELATED PLANNING BOARD ACTIONS

 

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

 

The Chairman stated  this item is a continuation from May 2, June 6, July 18 and September 19, and November 16, 2011, of the Public Hearing on the 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.  As also stated on the Agenda, this matter is a Type I Action under SEQRA for which NYSDEC is serving as Lead Agency. 

 

Art Brod stated the Application to the Planning Board could not be considered complete until the SEQRA compliance process had been completed by NYSDEC and until the Application was considered complete the Public Hearing could not be closed.  NYSDEC has now completed their SEQRA process and issued their Mined Land Reclamation Permit; the Planning Board may now move forward.  

 

Art Brod continued to state the Planning Board has received the a related Request for Waiver from the Wetlands Permit requirements in accordance with Section 120-8 of the Wetlands Law.   The Chairman stated the Town Engineer has basically signed off on this Application through letter dated December 19, 2011, and both NYSDEC documentation and the Waiver Request are in order.

 

With no further questions the Chairman accepted a motion to close this Public Hearing from Sharon Sherrod and seconded by Jesse Hewitt.  All present were in favor.  Motion carried.  The Chairman then accepted a motion from F. Woody Dierze' seconded by Jesse Hewitt to direct Art Brod to draft a resolution granting the waiver request and approving the special use permit with continuing conditions, this resolution to be considered on January 3, 2011.  All present were in favor. Motion carried.

 

Susan Williams - 116 Frost Road - Subdivision Plat Approval.

 

The Chairman stated  this item is a continuation from February 7, April 4, May 2, June 6, July 18, September 19 and November 16, 2011, of the Public Hearing on the 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,  this matter is an Unlisted Action under SEQRA. 

 

Art Brod stated there were two outstanding matters that needed to be addressed before the Planning Board could move forward with this application, (1) resolution of a lot line boundary discrepancy involving the Applicant's lands and those owned by the Town of Rhinebeck and (2) requirement for Dutchess County Health Department design approval for water supply and sanitary sewage arrangements to support single-family residential development of the proposed new building lot.

 

A recently proposed solution to the boundary issue devised by the Town Attorney among others was accepted in principle by the Town Board on December 12, 2011, and a copy of the full application submitted by the Project Engineer to the Dutchess County Health Department in the matter of design approval for the above-cited water supply and sanitary sewage arrangements has been presented to the Planning Board.

 

There being no further discussion, Chairman Trimble read the preamble and first numbered paragraph of the draft resolution prepared by Art Brod for the Board's consideration of its determination of significance under SEQRA.  A motion was made by F. Woody Dierze' and seconded by Sharon Sherrod to deem that the Proposed Action will not cause any potential significant adverse effect on the environment.  All present were in favor.  Motion carried. 

 

The Chairman then accepted a motion from Jesse Hewitt seconded by Sharon Sherrod to close this Public Hearing.  All present were in favor.  Motion carried.

 

The Chairman next read the full text of the draft resolution, including both the SEQRA component and approval with conditions under the Town's Subdivision Regulations:

 

"The Town of Rhinebeck Planning Board hereby acts as on the December 10, 2010, Application by Susan A. Williams, Marie T. Welch, L.S., Agent, for Subdivision Plat Approval (Lot Line Alteration involving existing non-complying parcels, TMP 6269-00-946255 and -936229, in the RC5 District), including requested waiver of requirement for the provision of certain specified topographic contour data, the proposal being for exchange of equal 0.753-acre annexation parcels between the parcels, the intent being to maintain an existing house lot of 3.083 acres and create a new residential lot of 3.872 acres, both as shown on a Surveyor's Map prepared by Welch Surveying, dated December 8, 2010, and revised to February 14, 2011, and both further described in the accompanying Short EAF Part 1, Agricultural Data Statement and Site Resource Analysis Assessment, and further subject of both the annexed December 12, 2011, adopted resolution of the Town Board addressing both the ‘gore' and the ‘deed overlaps' shown on the Surveyor's Map, and an Application for Individual Permit (Sanitary Sewage) submitted to the Dutchess County Health Department by Mark Graminski, P.E., on December 16, 2011, a full copy of which has been presented to the Planning Board for its files:

 

1.      In its role as SEQRA Lead Agency determines upon review of the EAF Part 1 certified by Ms. Welch and its own completion of EAF Part 2 in consideration of the ‘criteria for determining significance' set forth at Title 6 Part 617.7.c NYCRR that the Proposed Action will not cause any potential significant adverse effects on the environment and, thus, issues a Negative Declaration deeming an environmental impact statement to not be required and stating such will not be prepared.

 

2.      Grants Subdivision Plat Approval for the ‘Susan Williams Minor Subdivision /Lot Line Alteration', as depicted on the Survey Map entitled ‘Lot Line Alteration / Susan Williams' signed and sealed by Marie T. Welch, L.S., dated December 8, 2010, and revised to February 14, 2011, and/or otherwise described within the above-cited documents with the Chairman authorized to stamp and sign the Subdivision Plat upon the Applicant's satisfaction of each of the below conditions and/or requirements within one hundred eighty (180) calendar days from the date of adoption of this resolution:

 

-          Full implementation of the agreement between the Town of Rhinebeck, as adjoining landowner, and Susan Williams to satisfactorily address and resolve the ‘gore' and the ‘deed overlaps' depicted on the Surveyor's Map, all as discussed within the above-cited Town Board's resolution.

 

-          Whether as part of the above implementation, or apart there from, review and ‘sign-off' by the Town Attorney on any merger, or consolidation deeds, that may in the opinion of the Town Attorney be required for recording in the Dutchess County Clerk's Office to complement the Final Plat as will be there filed.

 

-          Design Approval by the Dutchess County Health Department for proposed individual lot water supply and sanitary sewage arrangements as subject of the above-cited submission by Mr. Graminski.

 

-          Stamping of the Subdivision Plat as either a ‘non-jurisdictional subdivision' or ‘for filing purposes only' by the Dutchess County Health Department.

 

-          Submission of Final Plat drawings in the number and form specified under the Town's Land Subdivision Regulations and bearing thereon all approval stamps, seals, signatures and certifications.

 

-          Payment of any outstanding fees or reimbursable amounts due to the Town of Rhinebeck for costs incurred in the review and processing of this Application, including in the matter of satisfaction of the conditions and/or requirements set forth in this resolution.

 

In taking this action the Planning Board finds there to be no additional lots being created and thus deems the provisions of Town Code Chapter 101, Subdivision of Land, relating to either the set aside of park, recreation or other publicly-accessible open space land within the bounds of a subdivision or payment of an alternate cash in-lieu-of land fee to the Town of Rhinebeck for deposit in the Town's Recreation Trust Fund to not be applicable to the Susan Williams Minor Subdivision / Lot Line Alteration." 

 

A motion was made by Sharon Sherrod seconded by Jesse Hewitt to adopt the above-stated resolution.  The Chairman polled the Board.  The motion carried by a unanimous vote of the Board members present. 

 

 

REGULAR SESSION (OTHER OLD BUSINESS)

 

Darin Page - 20 Hutton Street - Special Use Permit and Site Plan Approval

 

Chairman Trimble stated this Applicant is not in attendance per a conversation he held as Acting ZEO with the Applicant's representative, Kelly Libolt of Page Park Associates.  Mr. Trimble stated this Application is within the Rhinecliff Overlay District; the Zoning Code prohibits the Planning Board from waiving any requirement for which relief would typically be sought from the ZBA.  The Applicant must seek relief from the ZBA on both the issue of the structure height as limited by the Zoning Law Town-wide within the District Schedule of Area and Bulk Regulations to a maximum of 35 feet and proposed square footage substantially in excess of the maximum 2,300 square feet gross floor area guideline set forth for the Rc-O District.  The Applicant might as an alternative modify his plan to be compliant with the Zoning Code.

 

The Chairman noted this Applicant can return to the Planning Board once these issues are resolved. 

 

Awakened Heart Project, Inc. - River Road (CR 103) at 31 Carmel Drive - Special Use Permit and Site Plan Approval

 

The Chairman stated  this item involves the acknowledgment of requested review comments from the Town Engineer, the Town Planner and the Conservation Advisory Board / Waterfront Advisory Committee in the matter of the Proposed Adaptive Reuse of the Carmelite Sister Convent into a Silent Meditation Conference Center within the Historic Preservation (HP-20) and Hudson River National Historic Landmark Districts and the Town's LWRA, being a Type I Action under SEQRA for which Planning Board has declared intent to serve as Lead Agency for coordinated environmental quality review.

 

The Chairman stated the Board has received the below reviews from Planning Board Engineer Ron Evangelista and Town Planner Art Brod this project.  Initial comments from the CAB were received from their November 16, 2011 meeting; no additional comments have been received. 

 

 

Planning Board Engineer's Report (Letter of December 19, 2011)

 

 

"Town of Rhinebeck Planning Board

Town Hall

80 East Market Street

Rhinebeck, NY  12572

Attn:     Mr. Michael Trimble, Chairman

 

Re:      Awakened Heart Project, Inc.

            6070-00-870870

            Site Plan and Special Permits

            River Road (CR 103) at 31 Carmel Drive

            MA # 211879

 

Dear Chairman Trimble and Planning Board Members:

 

This office received copies of the following documents:

Plan set prepared by Mark Graminski, P.E/L.S, Consulting Engineer and Land Surveyor titled Awakened Heart Project, Inc:

Ø                  Sh 1 of 6 titled Overall Site, dated 10-31-11

Ø                  Sh 2 of 6 titled Site Plan dated 10-31-11

Ø                  Sh 3 of 6 titled Grading & Utility Plan dated 10-31-11

Ø                  Sh 4 of 6 titled Proposed Access & Alternate Drive Details dated 10-31-11

Ø                  Sh 5 of 6 titled Erosion & Sediment Control Plan dated 10-31-11

Ø                  Sh 6 of 6 titled Construction details dated 10-31-11

Mark R. Graminski, P.E. & L.S. to M. Trimble letter dated 10-31-11

Full Environmental Assessment Form dated 10-31-11

Hartgen Archeological Associates, Inc. report dated 10-11

Lighting details and Exterior Lighting Plan dated 10-27-11.

 

1.                  The following matters are subject to the review and approval of the Town Planner.

 

a.                  SEQR

b.                  Zoning matters.

c.                  Lighting.

d.                  Landscaping and screening.

e.                  Refuse enclosure.

f.                    Handicap access and handicap parking.

g.                  Pedestrian and traffic circulation, including if the proposed 8' wide driveway lanes are acceptable.           

h.                 Parking and loading areas. 

i.                    Wetland delineation and buffer: for the ACOE/Town wetland and buffer.

i.                    The Town Planner should also review the stone wall relocation along River Road at the proposed new entrance and the related clearing for sight distance.

 

2.                  The plans should be submitted to reviewed and receive approval of the Town Fire Inspector.

 

3.                  The applicant should address any comments from DCDOP, if applicable.  A DCDPW driveway/curb cut permit will also be required; and comments from Rhinecliff Fire Chief.

 

4.                  Applicant's engineer shall contact the Dut.Cty. Health Dept. to determine if approval or modification to approvals for the water (Village) and sewer (Ferncliff) will be required.

 

5.                  The applicant's engineer shall contact the Ferncliff Nursing Home and/or DC Dept of Health to determine if modification to their SPDES permit is required, or if the proposed 5000 gpd discharge from the site does not exceed the sewage flow allotment previously assigned to the Carmelite Sisters.   Provide a copy of the Engineer's Report.

 

6.                  The following items are subject to the review and approval of the Town Attorney.

 

a.                  Easements and agreements regarding proposed primary access.

b.                  Sight distance easements may be required by DCDPW for the alternate access.

 

7.                  Housekeeping:

 

a.                  All required signatures and seals (owner, engineer, and surveyor) shall be shown on the Final Site Plan before the plan is presented for Planning Board signature. 

 

This office has reviewed the above mentioned and other pertinent materials and offers the following comments.

 

8.                  The applicant's engineer states that the total amount of disturbed area is less than 1 acre so a SWPPP will not be required.  However,

 

a.         The actual disturbed area shall be determined from the most recent plan, and it appears the EAF may need to be revised to match. 

b.         It appears the existing ground will be disturbed in the area of the proposed overflow parking and the grass pavers, and at the loading and fire access, and at the extended parking area, and for the several building envelope changes. 

c.         However, Plan Sh 2 shows a proposed access, and plan Sh 5 shows the regrading (including regrading outside of the proposed clearing limits).  If Built, that work will disturb more than the noted 0.05 acre disturbance (min. 0.75 ac per plan Sh 4 just for the drive). 

d.         Also in line with the disturbance area, the responses to EAF items A.2 and B.4 must match.  Further, the responses to EAF items B.1.b and c must be the entire site, since the Planning Board will not approve a segmented project and the amended site plan approval is valid for the entire holdings, not just some small disturbance area within the 11.73 acre site.

e.         A stormwater management report as necessary shall be prepared, either a based SWPPP or a full SWPPP.  In either case, an engineering design report should be prepared to provide design criteria and analysis for the proposed stormwater management practices, including culvert capacities, catch basin grate capacity, and infiltration practices.

f.          This office will more carefully review the proposed ESC plan (Sh 5) after resolution of all questions regarding the extent of proposed construction and together with the SWPPP per comment e above.

 

9.                  The plans should be revised to resolve and clarify the concerns identified below.

 

a.                  The plans shall provide a soil stockpile area with silt fence.

b.                  The plans shall provide an area for material stockpile.

c.                  The plans shall provide an area for concrete truck washout or note on the plans that the trucks will not be allowed to washout on site.

d.                  Orange construction fencing shall be placed along the easterly boundary of the 100' adjacent area to insure that there is no encroachment.

e.                  A note shall be placed on Sheet 5 of 6 that states that the erosion and sediment control measures for the proposed alternate access is shown only for approval purposes and will not be installed until such time that the access is to be constructed.  Suggest ‘Proposed Alternate Access' relabel to "Alternate Access in Reserve"  Amended Site Plan Required to Construct.

f.                    The materials, color, etc. for the proposed sign shall be provided and approved by the Planning Board.

g.                  The plan should resolve where each of the "grass lined swale" detail and the "vegetated swale" detail applies.  Neither feature appears to be identified on Sh 5.

h.                 The plan should clarify if the drainage outlet at the proposed fire access is new or existing.  If new, it appears the plan should demonstrate that no point discharge is directed to the adjacent property.

i.                    The plan should clarify what will be done with the existing Carmel Dr. when either the alternate Access is constructed or an Alternative Agreement is reached with Ferncliff for a new Primary Access.

j.                    The plan should have a note to call Dig Safely New York, dial 811.

 

10.       This office requests a joint site Inspection with the Project Engineer.

 

If you have any questions or concerns, please feel free to contact Raymond Jurkowski, at 454-3411, ext. 46 or Ron Evangelista at ext. 33.

 

Very truly yours,

                                                                        MORRIS ASSOCIATES

                                                                        Engineering Consultants, PLLC

 

Ronald M. Evangelista, CCEO/PEA/IE

                                                                                    Senior Engineer / Project "

 

Project Engineer Mark Graminski stated he spoke with Ron Evangelista today to clarify the access.  Warren Replansky stated he is working on a resolution to the gating of Carmel Drive and will advise the Board when more progress has been made. 

 

Mr. Graminski stated DEC permits are not required; the SDS will be under the existing SPDES permit for the Ferncliff (Archcare) STP and will be discussed in a forthcoming Engineer's Report. 

 

 

Town Planner Art Brod's Report (Excerpt from Meeting Notes for December 19, 2011)

 

-          "Site Plan, dated October 31, 2011.         I have no comments at this point in the process on the site plan drawings by Mr. Graminski.  After initial engineering review has occurred and overall site configuration has been found acceptable, detailed review of lighting, landscaping, signage and other site amenities will be undertaken as part of the site plan review process.  While it is perhaps my oversight I do not have, and do not recall seeing, exterior architectural drawings for the building with proposed additions and/or other modifications, these drawings being an integral part of a complete site plan submission.

 

-          Environmental Assessment Form (EAF) - Part 1, dated October 31, 2011.  Responses to items A(6) and A(7) are reversed and should be corrected.  The project site is within a district listed on the National Register of Historic Places; the project site is not contiguous to a site listed on the Register of National Natural Landmarks.  In addition, no response is presented to item C(7).  In addition, other elements of the current submission (e.g. the ‘Project Review Cover Form' appended to the below-discussed Archeological Report) indicate NYSDEC wastewater permit/approval is required while this requirement is not set forth at item B(25) of the EAF.  Clarification and correction is required.

 

-          Exterior Lighting Plan and Details, dated October 27, 2011.  Fixture No. 6, which is depicted as being seven (7) on number, exceeds the maximum pole/fixture height of 15 feet set forth within Town Code Chapter 125, Zoning.

 

-          Phase 1 - Archeological Site Investigation, Hartgen Archeological Associates, Inc., dated October 2011. At various locations in the text (e.g. Pages 1, 5, 7 and 8) there are descriptions of the proposed project.  When discussing the building, all refer to ‘modifications to the interior portion of the building'; none acknowledge the additions --- though limited in floor area --- to the building and discuss what effect these may have on the .exterior appearance of the building.

 

The report does accurately describe the building as a ‘non-contributing' structure within the Hudson River National Historic Landmarks District and just as accurately notes that the stone wall parallel to the west side of River Road is an element of the National Register-listed Ferncliff Design Landscape.

 

The latter being the case causes this component of the project to be a matter for review by NYSOPRHP and the Planning Board in its SEQRA Lead Agency role.  Perhaps some visual depiction of the effect of the proposed removal of a section of this stone wall should be requested by the Board.

 

Once the above items have been addressed, I will coordinate with the Planning Board Clerk in sending on behalf of the Board in its SEQRA Lead Agency role the Archeological Report to NYSOPRHP for its consideration.  It appears to me that the methodology and extent of investigation undertaken has been appropriate and, unlike later comment on the terrestrial ecological work presented, the archeological work dovetails closely with the totality of the proposed project including the alternate vehicular access route.

 

-          Traffic Evaluation, Creighton Manning, dated October 24, 2011.  I have found the Traffic Evaluation to be methodologically sound in its assessment of the long-term traffic impacts of the project and, in consideration of the information inputted, the related conclusion that acceptable levels of service presently exist and will be maintained under the ‘Build Condition'.  It would appear to me there has however been failure to account for additional traffic that would be generated by the Gardens; that being said, the statement at Page 2 of 4 concerning the absence of any development that would contribute to the background traffic volume, while perhaps representing what CM was told, is in error.  Relatedly, it appears to me to be unrealistic to consider 2012 the ‘Build Year' for this undertaking; in consideration of the agreements to be reached, the permits and approvals to be secured, and both building and site improvements to be undertaken, I would expect 2013 occupancy to be more realistic.

 

Once the above copies have been addressed, I will coordinate with the Planning Board Clerk in sending on behalf of the Board in its SEQRA Lead Agency role the Traffic Evaluation to Dutchess County DPW for its consideration.

 

-          Coastal Assessment Form dated June 27, 2011.  The submitted Coastal Assessment Form is not the proper form.  The proper form is appended to Town Code Chapter 118, Waterfront Consistency Review.  This form should be completed by the Applicant and submitted to the Planning Board.

 

-          Natural Resources Survey and Threatened and Endangered Species Habitat Suitability Assessment, Ecological Solutions, LLC, dated June 25, 2011.  I have found Ecological Solutions, LLC's, report to be appropriately comprehensive in its consideration of regulated species as set forth by NYSDEC and/or the U.S. Fish & Wildlife Service. 

 

A shortcoming of this report relates however to its timing.  Due to its early preparation, the modified access configuration recently set forth on the Site Plan and considered in the Archeological Report has not have been taken into account.  The Introduction first states at Page 3 Ecological Solutions' more limited understanding of the intended project in the words ‘The property owner plans to renovate the existing building and construct additional parking' and then at Page 5 ‘To summarize, the project is for the renovation and use of the existing building, road and parking lot and addition of parking spaces using grass pavers.  Few if any trees will be removed for this project and land disturbance is minimal'.

 

Ecological Solutions should re-visit this report and incorporate in its work consideration of the potential impact on endangered and threatened species habitat, perhaps in particular related to the Indiana bat, attributable to the modified access configuration.  

 

-          Zoning Issues.  All parties have acknowledged that the proposed project cannot proceed unless relief is granted by the Town Zoning Board of Appeals from certain provisions of Town Code Chapter 125, Zoning.  It has also been acknowledged by all parties that no required public hearing on any request for variance made to the ZBA may be closed and no decision made concerning any such request until the Planning Board, in its role as SEQRA Lead Agency, has completed coordinated environmental quality review under SEQRA."

 

Art Brod stated he conducted limited review on the site plan detail due to the early timing of review of this project and his desire to first learn of the Planning Board Engineer's comments.  Mr. Brod did state that exterior building elevations remain to be submitted as an integral part of the site plan submission. 

 

Chairman Trimble stated that full copies of any applications made to the ZBA should also be submitted to the Planning Board to aid in the completion of the SEQRA process in its lead agency role. 

 

The Board and Applicant concurred this Application can continue at the Planning Board Meeting on February 6, 2011.   Mark Graminski requested the Board's permission to meet with Planning Board on items within his review letter.  Chairman Trimble stated that provided adequate escrow funds are available the Applicant's representative and the Town's consultant's can certainly work together to resolve issues and secure need information. 

 

Heart Ford - NYS Route 9G North - Subdivision Plat, Site Plan, Special Use Permits and Wetlands Permit

 

Art Brod provided Mark Graminski, P.E., Project Engineer, with his preliminary checklist of items (see below excerpt from Meeting Notes for December 19, 2011) required so that the Planning Board might be in a position to move forward on this Application.  Chairman Trimble stated that once this additional information is submitted he will speak to the Planning Board Attorney on the SEQRA classification issue raised by the Project Attorney, Mr. Cantor.

 

"Checklist:

 

1.      site plan depiction by location of sanitary sewage system elements,

 

2.      preliminary engineer's report concerning proposed sanitary sewage system and copies of related communications with the NYSDEC and/or the Dutchess County Health Department,

 

3.      application for any additional SUP's required due to sanitary sewage system design / location,

 

4.      application for Wetlands Permit pursuant to Town Code Chapter 120, Wetlands, and

 

5.      revised EAF Part 1, including modified response to item B(25) and to any other items that may be required so as to be consistent with the revised site plan and the required permits and approvals.

 

At this point, having not yet seen the revised site plan, I cannot assess whether the revised site plan will cause the need for any re-examination or expansion geographically of the matters evaluated in the previously-submitted Phase I Archeology Report by Hartgen Archeological Associates, Inc. or the Wetland Functional Evaluation and Impact Report by Ecological Solutions, LLC."

 

The Chairman stated and the Board concurred  it would entertain a presentation of the requested additional information at its January 3, 2012 meeting providing it is understood there will not have been adequate time to review the SEQRA classification issue.  Mr. Graminski agreed SEQRA would not be part of the discussion on January 3rd.  Mark Garminski agreed.

 

 

REGULAR SESSION (NEW BUSINESS)

 

With earlier stated deletion of New Cingular Wireless PCS, LLC (AT & T) -- 59 Morton Road - Special Use Permit and Site Plan Approval, none was considered.

 

 

ZONING ENFORCEMENT OFFICER, ZBA AND TOWN BOARD REFERRALS

 

Sign Permit / Matchbox Café

 

The Acting ZEO requested the Planning Board review the Application for Sign Permit to authorize the installation of an awning sign (5 ½ feet wide and 5 feet high) stating on two lines "Matchbox Café / Comfort Food and Cookies"    F. Woody Dierze' and Robert Babirad stated they have viewed the sign and do not find it objectionable. 

 

Jesse Hewitt motioned and Sharon Sherrod seconded as follows:

 

"The Town of Rhinebeck Planning Board finds the proposed sign consistent with Town Design Guidelines and recommends the ZEO issue the requested awning sign permit to the Matchbox Café."

 

All present were in favor.  Motion carried.

 

ADJOURNMENT

 

With no further business before the Board, the Chairman accepted a motion from F. Woody Dierze' seconded by Sharon Sherrod to adjourn this meeting.  All present were in favor.  The Chairman declared this meeting adjourned at 7:23 pm.

 

Respectfully submitted,

 

 

Joan Winne

Planning Board Secretary