Planning Board Regular Meeting Minutes

June 2, 2008

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PRESENT:     John Varricchio

                        Melodye Moore

                        Mitchell Markay

                        Erin Wahlgren

                        Nicholas McCausland

                        F. Woody Dierze'

                        Art Brod, Planning Consultant

                        Daniel Staley, Town Board Liaison

 

ABSENT:        Michael Trimble, Chairman

 

The Secretary announced, in the absence of the Chairman and being a Planning Board Vice-Chairman has not been appointed by the Town Board, the Planning Board would need to appoint a Chairman for this meeting.

 

Melodye Moore motioned and F. Woody Dierze' seconded to appoint John Varricchio as Acting Chairman of the Planning Board, for this meeting only, and for the conduct of no other business.  All present were in favor.  Motion carried.

 

 

BUSINESS SESSION

 

• Agenda. The Acting Chairman stated The Washington Street Partners Application has been removed from this agenda due to insufficient letter of authorization from the property owner to proceed. The remainder of the Agenda will stand as issued. .

 

• Forthcoming Meeting Schedule. The Acting Chairman stated next Planning Board session will be the Regular Meeting scheduled for July 7, 2008. There will not be a second meeting scheduled during the month of June.

 

 

REGULAR SESSION (OLD BUSINESS / PUBLIC HEARING ITEM) 

 

Camp Ramapo for Children - Salisbury Turnpike (CR 52) - Site Plan and Special Use Permit.

 

The Acting Chairman opened this Public Hearing and directed the Secretary to read the Public Notice as it appeared in the Daily Freeman on May 22, 2008.  The Acting Chairman stated this Application for Site Plan Approval and Special Use Permit to authorize the demolition and replacement of Heming Hall with an approximately 10,200 s.f. recreation center (8,960 s.f. footprint) at a location in part within 100 feet of the shoreline of Sepasco Lake, being an "Unlisted Action" under SEQRA.

 

Art Brod stated he has identified no substantial planning or zoning issues to be present with respect to these Applications.

 

Mr. Al Cornacchini, RA stated the replacement of the recreation center will allow the camp to have space during inclement weather; the camp population is not being

 

increased.  The center will have bathrooms on the ground floor with a second story mezzanine for an office and observance area.  Erin Wahlgren and Mitchell Markay visited this site.  Ms. Wahlgren stated her opinion the existing building is not functional for the intended use.  Mr. Markay stated he understands some representatives from the Camp met with the Sepasco Village Homeowners; the only concern voiced during the meeting was exterior lighting.  Mr. Cornacchini stated the exterior lighting proposed is recessed lighting placed at the two exits under the eaves.  Mr. Cornacchini submitted new drawings dated May 27, 2008 showing the lighting.  Mr. Markay questioned handicapped accessibility.  Mr. Cornacchini stated the main front doors are handicapped accessible.  The Acting Chairman stated the only comment from the Town Engineer was the absence of exterior lighting, which has now been addressed.  The Acting Chairman stated the Dutchess County Planning in its referral response identified the application as "a matter of local concern".

 

With no further questions the Acting Chairman accepted a motion from Erin Wahlgren seconded by Melodye Moore to close this Public Hearing.  All were in favor.  Motion carried.

 

The Acting Chairman 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 April 4, 2008, Application of Camp Ramapo for Children, as amended on May 1, 2008, for Special Use Permit and Site Plan Approval to authorize the demolition and replacement of Heming Hall with an approximately 10,200 square foot recreation center (footprint of 8,960 square feet) within its children's camp on Sepasco Lake with access from Salisbury Turnpike (CR 52, all as described by the accompanying Existing Conditions Survey Map by Marie T. Welch, L.S., dated April 2, 2008, a Site Plan (SP-1) and Architectural Plan (SP-2) prepared by Alfio H. Cornacchini Architects and dated May 5, 2008, and May 22, 2008, respectively, and  Short EAF Part 1 certified by Bernard Kosberg, Executive Director, on April 8, 2008:

 

1.      Determines in consideration of the aforementioned EAF Part 1, its own completion of EAF Part 2 and its own consideration of the criteria for determining significance set forth at Title 6 Part 617.7.c NYCRR that the Proposed Action, an ‘Unlisted Action' under SEQRA, will cause no potential significant adverse impacts on the environment and thus issues a Negative Declaration deeming an environmental impact statement to not be required.

 

2.      Finds the intended building construction and related site development within 100 feet of the shoreline of Sepasco Lake will not adversely affect the water body due to the effects of erosion, sedimentation or other pollutant loading during either the construction or occupancy period and both approves and authorizes the Zoning Administrator to issue the requested Special Use Permit, as required under Zoning Law Section V(F), for development within 100 feet of a stream, wetland or water body in excess of ¼ acre in water surface area.

 

3.      Grants Site Plan Approval for the intended construction and related site development and authorizes Chairman to stamp and sign the Site Plan upon the Applicant's satisfaction of each of the below conditions within the next six (6) calendar months:

 

a.      Submission of Final Site Plan drawings in the number and form specified within the Town's Zoning Law.

 

b.      Payment of any outstanding fees due or reimbursable amounts for expenses incurred by the Town of Rhinebeck in review of the Applications."

 

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

 

 

REGULAR SESSION (OTHER OLD BUSINESS)

 

CSI Developers, LLC - NYS Route 9G North - Site Plan.

 

The Acting Chairman stated this Agenda item involves the presentation of a revised submission of May 14, 2008, in support of an Application for Site Plan Approval to authorize construction of a 7,995 s.f. commercial building and associated site improvements on a 7.708-acre parcel (TMP 6171-00-797523) in the Highway Business Park (HBP) District.  The Proposed Action has been classified as an "Unlisted Action" under SEQRA for which the Planning Board has been confirmed as SEQRA Lead Agency for undertaking the coordinated environmental quality review the Board has deemed appropriate.

 

The Acting Chairman stated the Board has received an opinion letter from Ron Evangelista, PE with Morris Associates stating the ceiling height of the basement and the attic exceed ‘storage' height and should be calculated into the total square footage of the building. 

 

Art Brod then read at the Acting Chairman's request Town Attorney Scott Volkman's opinion letter dated June 2, 2008, wherein he opined the Planning Board is prohibited under Local Law 6 of 2007 from proceeding in review of this application being the gross floor area of a new commercial building exceeds 8,000 s.f.  Mr. Volkman stated in his letter he is not certain that the entire square footage of the basement or the second story should be considered part of the gross floor area but it is clear that more than 5 square feet additional is available. 

 

F. Woody Dierze' stated that Mr. Volkman is the Board's legal counsel and therefore the Board needs to at least investigate his letter prior to moving forward.  Mitchell Markay stated he agrees with Mr. Dierze' and the Board should move on to the next applicant.  Melodye Moore agreed.  Nicholas McCausland state he doesn't see how this Board can make any decision other than following the advice of the Town Attorney.  John Varricchio stated his concern for upholding the moratorium with not allowing a building

 

over 8000 square feet.   Erin Wahlgren agreed. Neil Alexander, Attorney for CSI stated the ZEO previously made his determination stating the application can move forward; Mr. Alexander stated his opinion the Board only has 62 days to request review of the ZEO's determination and therefore the Town Attorney can't go against the ZEO's decision and this Board must move forward.  John Varricchio stated he asked Warren Smith, RA at the last meeting if the building's roof would collapse if the trusses were removed; at that time Mr. Smith answered the trusses would be built on site and not structurally necessary.  John Varricchio continued by questioning if the basement and attic spaces have been certified that they won't be used.  Mitchell Markay questioned the 62 day rule for the Planning Board stating the only place he sees that type of statue is the Planning Board must act on an application within 62 days of closing a public hearing.  Art Brod stated this is different; Mr. Alexander is referring to a request for review of the ZEO's interpretation within 62 days.  Mitchell Markay questioned the different basement heights.  Mr. Smith stated several beams in the basement reduced the height in their vicinity to 6'8".

 

The Acting Chairman asked the Board how the members wished to proceed. 

 

Nicholas McCausland motioned the Board take no further action prior to receiving additional advice from the appropriate authorities.  F. Woody Dierze' seconded.  All were in favor.  Motion carried. 

 

Mr. Alexander requested a conference with the Chairman, consultants from the Town and his client's consultants.  The Secretary stated she will work on setting a conference up.

 

Jeffrey Martin (Stone Chapel Holdings, LLC) - NYS Route 9 South - Site Plan.

 

The Acting Chairman stated this Agenda item involves the presentation of a revised submission of May 14, 2008, in response to requirements established by Planning Board at Regular Meeting of April 7, 2008 in support of Application for Site Plan Approval for intended office occupancy of the former Hillside Methodist Church property (existing stone church and parish house) on a 1.101-acre parcel (TMP 135089-6168-00-488707) in the R3A Residential District. 

 

Art Brod questioned the date the Notice of Intent to Serve as Lead Agency was sent.  The Secretary reported the notice has not been mailed as directed by the Chairman.

 

Art Brod stated the revised submission includes the following:

 

-          May 14, 2008 transmittal letter from the LRC Group,

-          a revised Full EAF Part 1 of the same date,

-          building floor plans indicating intended space utilization,

-          draft of proposed driveway easement and common driveway maintenance agreement,

-          May 2, 2008, review letter from Dutchess County Health Department providing "in-progress" review status of design plan for intended on-site SDS and water supply well,

-          Stormwater Design Report, 

 

-          Stage 1 Cultural Resource Investigation, and

-          a 6-sheet set of Site Plan drawings.

 

Art Brod stated that upon examination of the above revised submission, it is his opinion the revised submission is in many ways responsive to comments previously offered by the Planning Board and its advisors; however one fundamental deficiency:  The 14 off-street parking spaces provided do not in his opinion comply with the minimum number of required parking spaces set forth by the Town's Zoning Law for the intended occupancy.

 

Mr. Brod explained this deficiency to be present due to the following circumstances:

 

1.      The floor area of the intended occupancy is understated within the set of Site Plan drawings.  More specifically, the single-story former parish hall occupies 2,216 s.f. of gross floor area while the stone church occupies 862 s.f. of first floor area (even when dimensioned wholly exclusive of the exterior walls) and an additional 334 s.f. of second floor area.  According to my calculations, the sum of these gross floor areas is 3,412 s.f. and not 2,980 s.f. as presented on the Site Plan. 

 

2.      The parking requirement set forth within the Summary Chart on Sheet SP-1 is only partially stated.  More specifically, Zoning Law Section provides V(B)(1) requires application of the minimum criteria cited "... in addition to those off-street parking spaces required to accommodate handicapped persons in accordance with the requirement of the New York State Uniform Fire Prevention and Building Code".

 

Consistent with the above, he computes the minimum off-street parking requirement for the intended use to be 17 parking spaces, not 14 as have been provided.  Moreover, even if the 2,980 s.f. indicated were correct, there would still be a shortfall of 1 space based upon the "in addition to" standard cited above.

 

Meg Crawford, CAC stated concern with the amount of parking required for this site.  John Varricchio stated that not all spaces necessarily need to be developed but the applicant must prove and provide in the plan that all spaces can be developed.  Melodye Moore stated the archeology report is recommending a Phase I B Survey.  Mr. Morrison stated the study has been done and he will provide copies to the Board.  Mitchell Markay stated he would like to see a color photo of the parking so a visual impact can be seen.

 

The Applicant agreed it would address the issues raised by the Planning Consultant and then return to the Board. 

 

 

REGULAR SESSION (NEW BUSINESS)

 

Kathleen Van Wormer - NYS Route 9G South - Subdivision Plat.

 

The Acting Chairman stated the Planning Board has received a Request for Time Extension from Thomas Mannix, P.E., on behalf of Kathleen Van Wormer to satisfy certain requirements (principally common driveway installation) precedent to stamping

 

and signing of Subdivision Plat as established by Planning Board Resolution of January 7, 2008.

 

Art Brod recommended 135 days be granted to reasonably meet the Applicant's intention of early Fall installation while still leaving time for a reminder to be issued by the Planning Board and a final 45 day extension to be granted should the conditions remain unsatisfied as the end of the 135-day extension nears.

 

Mr. Mannix stated he didn't earlier realize the driveway needed to be installed prior to the stamping and signing of the mylar.

 

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

 

 

"In consideration of a timely request received from Thomas Mannix, P.E., on behalf of Kathleen Van Wormer, Applicant, the Town of Rhinebeck Planning Board hereby extends for a period of 135 calendar days from July 5, 2008, to November 17, 2008, the termination date for satisfaction of conditions precedent to stamping and signing of the Final Plat for the Kathleen Van Wormer Minor 2-Lot Subdivision as set forth within the Planning Board's resolution of January 7, 2008.  The Planning Board advises that any further extension that might be granted is limited to an additional period of 45 calendar days."

 

A motion was made by F. Woody Dierze' and seconded by Erin Wahlgren to adopt the above stated resolution.  All were in favor.  Motion carried.

 

Arbor Ridge at Brookmeade - NYS Route 308 East - Amendment of Approved Site Plan.

 

The Chairman stated this  Agenda item involves the initial presentation of a May 12, 2008, Application for Amendment of Approved Site Plan (April 12, 2004) to authorize addition of ground-level patios and second-story decks to 54 independent living units, addition of related ground level landscaping and substitution of cement plank siding for wood siding on the front building elevation.

 

Art Brod stated he has found the Application executed by Richard Alger and supporting materials to be adequate for commencing Planning Board, public and consultant review. 

 

Attorney Harold Mangold is representing this Application.  Mr. Mangold stated the proposal to amend the approved site plan being 54 patio's with decks above.  Each patio and deck will have a small residential light to allow the residents to go out and enjoy the weather.  The second change is to the siding to change from wood to hardi-plank; samples were shown of the hardi-plank vs. wood siding, showing minimal visual differences.  Mr. Mangold stated the hardi-plank is more durable and will hold paint much longer.  Nicholas McCausland questioned if the units would be sold.  Mr. Mangold stated the homes would be sold to the residents but the project owner will always be responsible for the upkeep of the buildings and grounds. 

 

 

With no further questions, the Acting Chairman 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 on the May 12, 2008, Application by Arbor Ridge at Brookmeade for Amendment of Approved Site Plan to authorize the below-listed modifications in the Approved Site Plan (March 1, 2004, Planning Board resolution and April 12, 2004, execution by Chairman) as related to the on-going construction at the ‘Baptist Home' site on the south side of NYS Route 308 to the east of the Village of Rhinebeck

 

-          Addition of ground level patios with second story decks for each of the 54 independent living units, including associated wall-attached sconce lighting and electrical outlets and ground level landscaping, and

 

-          Change in the front exterior siding from wood to cement plank (‘hardi- board') siding:

 

1.      Accepts the Application as adequate for commencing public review.

 

2.      Classifies the Proposed Action as an ‘Unlisted Action' under SEQRA and acknowledges the Planning Board previously issued a Negative Declaration for the Arbor Ridge project prior to the issuance of Special Use Permit and Site Plan Approval which Negative Declaration will be re-visited to the limited extent pertinent to the proposed modifications prior to a decision on the Application for Amendment of Approved Site Plan.

 

3.      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.

 

4.      Delegates Planning Board members John Varricchio and F. Woody Dierze' to conduct a field visit to the independent living units' construction site and report their observations at the time of Public Hearing.

 

5.      Schedules a Public Hearing on the Application for Monday, July 7, 2008, at 6:35 pm and directs the Clerk to provide timely notice thereof."

 

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

 

Jed Brickner - 45 Wurtemburg Road - Special Use Permit.

 

The Acting Chairman stated this agenda item involves the initial presentation of a May 14, 2008, Application for Special Use Permit pursuant to Zoning Law Section VI(B)(40) for "Major Excavation" to authorize construction of a proposed 0.2-acre spring-fed pond on a single-family residential premises (TMP 6269-00-619035) in the R3A District. 

 

 

 

Art Brod stated he has found the Application and supporting materials to be adequate for commencing Planning Board, public and consultant review. 

 

Karen Cadorette, Landscape Architect is representing this Application.  Ms. Cadorette stated the property is 37 acres and her client wishes to construct a 0.2 acre spring fed pond for recreation activities.  Art Brod asked if the pond involves a dam.  Ms. Cadorette stated no dam is going to be installed.   Art Brod stated this is not a Type I Action.

 

With no further questions, the Acting Chairman 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 on the May 14, 2008, Application by Jed Brickner for Special Use Permit pursuant to Town Zoning Law Section III(A), District Schedule of Use Regulations, so as to authorize ‘Major Excavation' in the matter of the construction of a 0.2-acre pond for ecological and aesthetic enhancement of a single-family residential premises (TMP 6269-00-619035) at 45 Wurtemburg Road in the R3A District, all as described in the Application and supporting documentation including a Short EAF Part 1, a Project Narrative, and both a Site Plan and Pond Plan prepared by Susannah Drake, RLA:

 

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

 

2.      Classifies the Proposed Action as an ‘Unlisted Action' under SEQRA.

 

3.      Refers the Application, if required under the 500-foot rule, to the Dutchess County Department of Planning and Development for review and advisory opinion pursuant to Section 239 of the General Municipal Law.

 

4.      Refers the Application to the Town of Rhinebeck Conservation Advisory Council for review and comment with written comment thereon requested not later than June 30, 2008.

 

5.      Delegates Planning Board members Mitchell Markay and Melodye Moore to conduct a field visit to the proposed pond site and report their observations at the time of Public Hearing.

 

6.      Schedules a Public Hearing on the Application for Monday, July 7, 2008, at 6:45 pm and directs the Clerk to provide timely notice thereof in the manner set forth within the Town's Zoning Law."

 

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

 

Bradford T. Rivenburgh - 15 Delano Drive - Special Use Permit.

 

The Acting Chairman stated this Agenda item involves the initial presentation of a May 15, 2008, Application for Special Use Permit(s) pursuant to Zoning Law Sections V(F) for

 

"Development Near Streams, Rivers, Wetlands and Other Water Bodies",  V(T) for "Development within the Water Resources Protection Overlay (WRP-O) District", and  VI(B)(40) for "Major Excavation" to authorize construction of a raised bed sanitary disposal system and other site improvements related to a proposed single-family dwelling, including driveway construction and re-location of streams, on a 2.395-acre parcel in the R3A District.

 

Mr. Rivenburgh stated he is the general contractor and representative for this application.  His client purchased this property with partially-built house at a tax sale.  DEC and Health Department Approval have been obtained.  He didn't know he needed a permit from the Town to complete the site work required to comply with the Health Department permit.  The site work includes approximately 1000 yards of fill to bring the site to grade and to cover a 200 foot long culvert pipe.  John Varricchio questioned the diameter of the pipe and how the applicant intends to keep the pipe free of debris.  Mr. Rivenburgh stated the pipe is 5 feet in diameter which should allow storm debris to easily flow through its diameter.  Melodye Moore questioned the current use of the site listed as vacant on the application.  Mr. Rivenburgh stated that is how he was instructed by the ZEO to complete that question. 

 

With no further questions, the Acting Chairman 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 on the May 15, 2008, Application by Bradford T. Rivenburgh for Special Use Permit(s) pursuant to Town Zoning Law Sections V(F) for ‘Development Near Streams, Rivers, Wetlands and Other Water Bodies',  V(T) for ‘Development within the Water Resources Protection Overlay (WRP-O) District', and  VI(B)(40) for ‘Major Excavation' to authorize construction of a raised bed sanitary disposal system and other site improvements related to a proposed single-family dwelling, including driveway construction and re-location of streams, on a 2.395-acre parcel at 15 Delano Drive in the R3A District, all as described in the Application and accompanying narrative and depicted on a Site Plan prepared by Dewkett Engineering and dated June 2004, and supporting documentation including NYSDEC and Dutchess County Health Department Approval:

 

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

 

2.      Classifies the Proposed Action as an ‘Unlisted Action' under SEQRA.

 

3.      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.

 

4.      Refers the Application to the Town of Rhinebeck Conservation Advisory Council for review and comment as the Waterfront Advisory Committee with written comment thereon requested not later than June 30, 2008.

 

 

5.      Delegates Planning Board members Mitchell Markay and F. Woody Dierze' to conduct a field visit to the proposed construction site and report their observations at the time of Public Hearing.

 

6.      Schedules a Public Hearing on the Application for Monday, July 7, 2008, at 6:55 p.m. and directs the Clerk to provide timely notice thereof in the manner set forth within the Town's Zoning Law."

 

A motion was made by F. Woody Dierze' and seconded by Mitchell Markay to adopt the above stated resolution.  All were in favor.   Motion carried.

 

 

ADJOURNMENT

 

With no further business before the Board, the Acting Chairman accepted a motion from F. Woody Dierze' and seconded by Melodye Moore.  The Acting Chairman declared the meeting adjourned at 9:55 pm.

 

 

Respectfully submitted,

 

 

Joan Winne

Planning Board Secretary