PRESENT:     Michael Trimble, Chairman

                        John Varricchio

                        F. Woody Dierze'

                        Melodye Moore (to be excused at 7:25 p.m.)

                        Mitchell Markay (to arrive not later than 7:15 p.m.)

                        Art Brod, Planning Consultant

 

ABSENT:       Erin Wahlgren

                        Nicholas McCausland

 

 

CALL TO ORDER / DETERMINATION OF QUORUM

 

The Chairman called this meeting to Order at 6:30 p.m. and stated Mitchell Markay will be arriving to the meeting late to replace Board member Melodye Moore who needs to leave the meeting early; this will allow the Board to continue to have a quorum for the conduct of business.

 

 

BUSINESS SESSION

 

• Agenda. The Chairman stated the agenda will stand as published.

 

• Minutes.

 

-          Regular Meeting Minutes of May 5, 2008 - F. Woody Dierze' motioned and John Varricchio seconded to accept the May 5, 2008 Meeting Minutes as submitted.  All present were in favor.  Motion carried. 

 

-          Special Meeting Minutes of May 12, 2008 - John Varricchio motioned and F. Woody Dierze' seconded to accept the May 12, 2008 Special Meeting Minutes as submitted.  All present were in favor.  Motion carried.

 

-          Regular Meeting Minutes of June 2, 2008 - Melodye Moore motioned and John Varricchio seconded to accept the June 2, 2008 Meeting Minutes as submitted.  All present were in favor.  Motion carried.

 

• Correspondence and Other Announcements. The Chairman made the following announcements:

 

-          Jeff Decker Contracting - All members were encouraged to visit and review the landscape screening installed at the Jeff Decker Contracting site pursuant to the terms of the Planning Board's resolution of May 15, 2006, in the matter of the issuance of Special Use Permit and grant of Site Plan Approval.  This matter will be discussed at the August meeting.

 

-          Appointment of Vice Chair - The Town Board has appointed member Melodye Moore as Vice Chair of the Planning Board.

 

-          Draft Revised Zoning Law - The Draft Revised Zoning Law is available for Planning Board members to review.  It is the consensus of the Board to individually review the draft Zoning and Comprehensive Plans and then hold a work session for discussion.  

 

• Forthcoming Meeting Schedule. The Chairman stated the next Planning Board session will be the Regular Meeting scheduled for August 4, 2008. There will be no second meeting scheduled during the month of July.

 

 

REGULAR SESSION (OLD BUSINESS / PUBLIC HEARING ITEMS) 

 

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

 

The Chairman opened this Public Hearing and directed the Secretary to read the annexed Public Notice as it appeared in the Daily Freeman on June 27, 2008. 

 

The Chairman stated this 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 at this on-going construction site and certain additional site plan modifications, i.e. field changes, cited by the Town Engineer will be presented by the Applicant.

 

Harold Mangold, Attorney for the Applicant, stated the amendments are simply to change the exterior material from wood to hardiplank (concrete board) being it is more durable than wood with the same look, to add the landscaped patios for the first story units with decks for the second story units.  Mr. Mangold stated they are planning on opening in October or November of this year.  Leonard Angerame, Project Architect, stated the field changes being the location of the black chain link fence along the proposed retaining wall as site work has shown a natural rock face can be otherwise maintained the retaining wall was to be installed.  The rock face wall will slightly reduce the emergency road width.  John Varricchio and F. Woody Dierze' visited this site.  John Varricchio stated he found no issues with the patio/decks; the rock cut appears to have done professionally but would like to see both the Town Engineer and the Fire Department sign off due to the reduced width of the emergency roadway.   

 

With no further questions or discussion by either the Board or the public, the Chairman accepted a motion from F. Woody Dierze' and seconded by John Varricchio to close this Public Hearing.  All present were in favor.

 

The Chairman next read the following draft approval 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;

 

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

 

-          Modifications in configuration of the rear emergency access driveway including rock wall and associated guide rail/fence in the vicinity of the S-4 wing.

 

1.      Determines in consideration of the EAF Part 1 certified by the Applicant, 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 reaffirms the Negative Declaration issued on November 19, 2001 deeming an environmental impact statement to not be required for the Arbor Ridge at Brookmeade development.

 

2.      Acts as follows with respect to the several aspects of the proposed modifications to the aforementioned Approved Site Plan:

 

a.      Approves upon review of the proposed revised Site Plan the 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;

 

b.      Approves upon examination of material samples the change in the front exterior siding from wood to cement plank (‘hardi- board') siding;  and

 

c.      Approves upon review of an E-Mail memorandum of June 13, 2008, from the Town Engineer and the proposed revised Site Plan the modifications in configuration of the rear emergency access driveway including rock wall and associated guide rail/fence in the vicinity of the S-4 wing, subject to confirmation of Fire Department.

 

3.       In consideration of the above, authorizes Chairman to stamp and sign the Amended Site Plan upon the Applicant's satisfaction of each of the below conditions within the next six (6) calendar months:

 

a.      Submission of Final Amended 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 this Application for Amendment of Approved Site Plan."

 

John Varricchio motioned and Melodye Moore seconded to adopt the above stated resolution.  The motion carried by a unanimous vote of the Board members then present, including Melodye Moore but not Mitchell Markay.

 

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

 

The Chairman opened this Public Hearing and directed the Secretary to read the Public Notice as it appeared in the Daily Freeman on June 27, 2008. 

 

The Chairman stated this Agenda item involves a Public Hearing on a  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 and partially-constructed single-family dwelling, including driveway construction and re-location of streams, on a 2.395-acre parcel in the R3A District.

 

The Chairman further noted Mitchell Markay had joined the meeting.

 

Brad Rivenburgh stated a 200' long 5' diameter pipe will be installed to isolate the stream from the septic system.  Michael Trimble asked if any additional area of the site will be impermeable.  Mr. Rivenburgh stated the driveway will be blacktopped.  Mitchell Markay and F. Woody Dierze' visited this site.  Mr. Markay questioned if this proposal is sound environmentally.  Art Brod stated in 2004 the Health Department issued approval as part of a Realty Subdivision for the SDS design plan and NYSDEC issued a letter indicating no permits were required from the Department. 

 

The Chairman read the following review letter issued by Town Engineer, Ray Jurkowski, dated July 7, 2008:

 

"MA# 208881 .OO

 

 Dear Chairman Trimble and Planning Board Members:

 

      This office received a copy of the following information regarding the above

            referenced site plan regarding the installation of fill on the property:

 

            A. Sewage Disposal Plan, dated last revised May 12, 2004, as prepared by

            Dewkett Engineering.

 

            B. Sewage Disposal Details, dated last revised May 12, 2004, as prepared

            by Dewkett Engineering.

 

            C. Short Environmental Assessment Form.

 

            D. Correspondence from the Rhinebeck Highway Superintendent dated May        6, 2008.

 

Based on this review of the above, this office offers the following

comments for your consideration:

 

1.  The sewage disposal plans lack information regarding soil and sedimentation control. The applicant's engineer shall prepare a soil and sedimentation control plan in order to minimize erosion during the project construction and installation of the proposed fill. In addition the applicant's engineer shall provide for specific mitigation measures to minimize sedimentation transport during the relocation of the water courses and

culvert installation.

 

2.  An existing 24" culvert crosses under Delano Drive in the area of the proposed culvert outlet. The applicant's engineer shall provide additional information regarding the existing invert elevation of the road culvert to insure that there will be no conflict with the new culvert.

 

This Office recommends that items and comments listed above be considered conditions of any site plan approval. This office will continue its review once this office receives revised plans for the project."

 

Sharon Sherrod read the CAC's comments dated July 3, 2008: 

 

"Bradford Rivenburgh, 15 Delano Drive: This area is a small wetland at the confluence of two streams and a rocky area. The CAC feels it is not a viable building site even though there is an unoccupied house on the lot. This site can be problematic for Southlands, to the West, and other residents of Delano Drive by diverting rain water and storm water runoff into a large diameter and long man-made culvert. There are erosion concerns and how will the diverting of the water out of the natural wet land into a large and long culvert pipe affect the neighbors when that water exits the proposed drainage pipes."

 

Melodye Moore questioned if this lot was part of the Delano Drive subdivision.  Art Brod stated it is considered by the Health Department to be Lot 7 of the Evergreen Subdivision.  Ed Pasquarelli of 29 Delano Drive stated he is quite concerned with the water drainage compromising the integrity of the neighborhood and about this project being completed.   Kary Broffman read her letter dated July 7, 2008

 

"I am writing to voice my concern for the request of a special use permit to develop a raised bed sanitary disposal system on the property of 15 Delano Drive, as well as the possibility of diverting and moving a stream.

 

I live at 5826 Rt 9., the first property to the North and adjacent to 15 Delano Drive.

 

 

 

 

When I purchased my house in 1986, I was told by the seller, Linca Knapp, who then owned the property that is now being developed, that the land could never be developed because it is a wetland.

 

As we all know, this wetland property has been in development for a number of years and movement forward has been consistently stopped due to lack of permits and violations of building codes.

 

My concern regarding the need to move or divert a stream that runs through my property are as follows:

 

First of all, I don't believe that you touch or move natural flowing water.  Diverting or moving the stream, cold have possible, substantial impact on my property, my leach filed and septic system. 

 

            Where is the stream being diverted to?

 

            At what point will the stream be diverted?

 

My leach fields and septic (a small, old cistern) are very close to the property where the stream feeds in.

 

I want to know if there has been an independent engineers report done. And if so, what the results are, and if not, will there be one.

 

Regarding the wetland, are SEQRA (State Environmental Quality Review Act) regulations being followed?

 

Also, has a fully analyzed impact study been done? If so what are the results? And if not, will there be one?

 

            The attached photo is of my septic and leach field area on my property."

 

Jeremy Joyce from 102 Southlands Drive stated his concern with the additional runoff dumping into the pond on the west side of NYS Route 9 and questioned the distance of the septic system from the stream.  Mr. Rivenburgh stated the stream is 90 feet from the septic site.  Mr. Joyce further stated runoff pools on Route 9 after running down from Delano Drive.  Mitchell Markay stated this applicant was proceeding with work without the required permits.  Mr. Rivenburgh stated the ZEO and Building Inspector visited the site and stated no additional permits were required; he was only made aware of the need for these permits after a stop work order was issued by the Town.   Art Brod stated the Applicant his opinion work can proceed outside the scope of this application; no work however may occur within 100 feet of the stream or which involve the importation of fill materials to the site.  Art Brod continued to state the Applicant has not provided a Sediment and Erosion Control Plan nor is there any indication a Notice of Intent under applicable stormwater management regulations has been filed with NYS DEC with a copy provided to this Board.  Art Brod stated the Board could act at this time on this Application with the expressed understanding stamping and signing by the

 

Chairman would not occur until a sign off letter has been received from the Town Engineer.  Mitchell Markay questioned if the Board acts on the proposed draft resolution at this time how will the Board as a whole know if it is satisfied.  Melodye Moore stated that while she has confidence in the  Chairman and the Town Engineer, the public would

not have the opportunity to review and comment on any mitigation plans, as part of the public process, if the Board acts at this time.      F. Woody Dierze' stated he would also like the Town Highway Superintendent to review this application due to the substantial runoff of Delano Drive onto this property.  The owner stated he will have no choice but to stop building/improving this property altogether if the Board doesn't move this application along quickly.  The Chairman stated he understands the concern expressed but noted it is the consensus of the Board members present to continue this Public Hearing on August 4, 2008 at 6:35 pm.  In the interim, the Applicant is requested to technically respond to all comments made by the public, the Board and/or the Town Engineer.

 

Jed Brickner - 45 Wurtemburg Road - Special Use Permit.

 

The Chairman opened this Public Hearing and directed the Secretary to read the annexed Public Notice as it appeared in the Daily Freeman on June 27, 2008.  The Chairman stated the application involves a Public Hearing for Special Use Permit 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. 

 

Ms. Karen Cadorette, representing this Application, stated the pond is for recreational use, including fishing, boating and ice skating.  Mitchell Markay and Melodye Moore visited this site.  Mr. Markay stated he found no issues with the Application; it seems to be a logical site with no impact on the neighborhood.  Melodye Moore agreed.  The Chairman noted a letter from a neighboring property owner, Albert Fried, stating no objection to the application.  No comment was received from the CAC.

 

With no further questions or comments, the Chairman accepted a motion from Mitchell Markay seconded by John Varricchio to close this Public Hearing.  All members present were in favor.  Motion carried. 

 

The 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 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.      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 site development involving construction of a 0.2-acre pond in manner that constitutes ‘Major Excavation' under Town Zoning Law Section III(A) to both provide for adequate site rehabilitation as required on an area impacted by major excavation and to be proposed for conduct in a manner that will not adversely affect environmental resources due to the loss of existing habitat of the effects of erosion, sedimentation or other factors during either the construction or occupancy period.

 

3.      Grants the requested Special Use Permit for ‘Major Excavation' so as to permit the undertaking and completion of the development of the 0.2-acre pond as described in the aforementioned Project Narrative and depicted in the cited Pond Plan and Site Plan drawings prepared by the Project Landscape Architect subject to the requirement of payment of any outstanding fees or reimbursable amounts incurred by the Town of Rhinebeck in review of this Application."

 

A motion was made by John Varricchio and seconded by Mitchell Markay to adopt the above stated resolution.  The motion carried by a unanimous vote of the Board members present, including both Melodye Moore and Mitchell Markay.

 

Upon conclusion of this item, Melodye Moore left the meeting.

 

 

REGULAR SESSION (OTHER OLD BUSINESS)

 

Washington Street Partners (Rhinebeck Mews LLC) - NYS Route 9 North - Site Plan.

 

The Chairman stated the Board had earlier reviewed the substance of this Application but was held from moving forward until an acceptable Letter of Authorization was received from Stop and Shop.  An acceptable letter has been received and the related application of this project before the ZBA has also been submitted and scheduled for Public Hearing. 

 

The Chairman stated with this being the case the Planning Board can now re-schedule the Public Hearing on the Application for Amendment of the Approved Site Plan for the "Stop & Shop Shopping Center" to authorize renovation of the former Grand Union building and undertaking of related site modifications and improvements including new outdoor display areas, new pedestrian plaza, and relocation of a section of rear access roadway and propane tanks within northerly TMP 6170-00-799982 of a combined shopping center site with shared access, parking, and utilities to accommodate a primary

 

 

22,520 s.f. tenant and 3 additional tenants occupying a combined 12,498 s.f., for a total of 35,108 s.f. of retail commercial floor area. 

 

Art Brod stated the project proposes a permissible use within the Highway Business (HB) District and the Proposed Action has been classified as an ‘Unlisted Action' under SEQRA.

 

F. Woody Dierze' questioned if only the building is being purchased or leased by the Applicant.  Matthew Moore, who along with Joseph Hocko represented the Application, stated the building and the land is being purchased by Washington Street Partners. 

 

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

 

 

"The Town of Rhinebeck Planning Board hereby amends its resolution of April 7, 2008, in the matter of the March 3, 2008, Application by Washington St. Partners, Inc. (Rhinebeck Mews, LLC) for Amendment of Approved Site Plan to authorize subject to Area Variances necessary from the ZBA proposed site and exterior improvements related to the intended occupancy of the former Grand Union building in the northerly portion of the Stop & Shop shopping center by a 22,520 s.f. principal retail tenant and three additional tenants occupying a combined 12,498 s.f., for a total of 35,018 s.f. of retail commercial floor area, all as described in an updated bound volume entitled ‘Town of Rhinebeck Submittal, Planning Board & Zoning Board of Appeals, Rhinebeck Mews, 6734 NYS Route 9, Rhinebeck , New York' and dated May 8, 2008:

 

1.      Schedules a Public Hearing for Monday, August 4, 2008, at 6:45 p.m. and directs the Clerk to provide timely notice thereof in the manner set forth in the Town's Zoning Law.

 

2.      Continues to advise the Applicant that the Planning Board may not however may not close the Public Hearing or approve the Site Plan as submitted for consideration unless each of the Area Variances requested from the Town's Zoning Board of Appeals is first granted in its entirety.

 

3.      Delegates Planning Board members Mitchell Markay and Michael Trimble to conduct a field visit to the site and report their observations at the time of Public Hearing."

 

A motion was made by John Varricchio and seconded by F. Woody Dierze' to adopt the above stated resolution.  The motion carried by a unanimous vote of the Board members present, including Mitchell Markay.

 

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

 

Rod Morrison and Ken Casamento with The LRC Group submitted a sketch with several photos showing the view of the existing/proposed parking lot.  It was their contention the photos showed the parking is quite obscure from NYS Route 9. Mitchell Markay thanked

 

the representatives for this information but noted the proposed rock cut to the rear of the parking lot was not depicted in the illustrations and would alter the view presented.  Michael Trimble stated he spoke to Marie Brule' at the Dutchess County Health Department who stated she is satisfied with the intended sanitary sewage arrangements. 

 

Art Brod stated through his Meeting Notes the following observations of the latest submission for this project:

 

"Calculation of gross floor area to be 3,543 s.f. (slightly higher than the calculation of 3,412 s.f. I provided on June 2^nd) and some 563 s.f. more than the 2,980 s.f. indicated within the Applicant's earlier submissions.

 

-          Related computation of a minimum requirement for 16 on-site parking spaces instead of the 14 on-site parking spaces previously indicated.

 

I note however this computation to still be in error for it does not account for the provision set forth at Zoning Law Section V(B)(1) that application of the minimum criteria is "... 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".

 

While I did not research the above requirement, certainly at least one space to accommodate handicapped persons is required, thus bringing the minimum computed off-street parking space requirement to 17.

 

-          The revised free-standing sign appears to be consistent with the R-3A District Zoning Law requirement with respect to maximum square footage and at least conceptually appropriate in its design.

 

The only continuing comments I offer are requests the Planning Board Office be provided (1) copy of the documents cited within the Site Plan notes as previously approved by the Dutchess County Health Department on January 11, 2005, and related copy in its entirety of any subsequent submission(s) made to the Heath Department to assist in consideration of the Site Plan, and (2) a common driveway maintenance agreement for the Board's information and related review and comment by the Town Attorney.  Should these have already been provided, I stand corrected and would simply like to be provided a copy for my information in moving forward in offering advice to the Planning Board under SEQRA and the Town's Zoning Law."

 

With no further questions, the 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 February 14, 2008 Application by Stone Chapel Holdings, LLC (c/o Jeffrey C. Martin, Esq., and with Rodney Morrison, P.E., LRC Group, Agent) for Site Plan Approval, as amended through June 18, 2008, to authorize proposed site and exterior building improvements related to the intended occupancy of 1,417 s.f. and 2,126 s.f.

 

buildings as a two-building professional office complex within the R3A District, as depicted on a drawing entitled ‘Overall Site Plan / Stone Chapel Holdings, LLC Proposed Professional Office'  prepared by LRC Group, dated March 5, 2008, and revised to June 16, 2008, and in related data including but not limited to a Use Variance granted by the Town of Rhinebeck ZBA on February 7, 1996, and a Full EAF Part 1 first certified by Mr. Morrison on February 14, 2008, and subsequently revised and re-certified by Mr. Morrison on June 18, 2008:

 

1.      Accepts the Application as adequate for commencing public review to complement on-going Planning Board and consultant review.

 

2.      Maintains its prior March 3, 2008, classification of the Proposed Action as a Type I Action under SEQRA due to the status of the Stone Church as a designated ‘Multiple Resource District' property listing on the National Register of Historic Places and at a location directly opposite the Hudson River National Historic Landmark District.

 

3.      Reaffirms the Planning Board's intent to serve as Lead Agency under SEQRA for coordinated environmental quality review of the Proposed Action, identifies the NYS Office for Parks, Recreation and Historic Preservation, the NYS Department of Transportation, the Dutchess County Health Department, the Dutchess County Department of Planning and Development, and the Town of Rhinebeck Waterfront Advisory Committee as other involved or interested agencies, and directs the Clerk with the assistance of the Planning Consultant to distribute the required SEQRA Notice of Intent to Serve as Lead Agency.

 

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

 

5.      Refers the Application to the Town of Rhinebeck CAC / Waterfront Advisory Committee for review and comment pursuant to the requirements and in accordance with the policies set forth within the Town's LWRP.

 

6.      Schedules a Public Hearing on the Application for Monday, August 4, 2008, at 6:55 p.m.   and directs the Clerk to provide notice thereof in the manner set forth within the Town's Zoning Law. 

 

In scheduling the Public Hearing, the Planning Board notes it will not however be in a position on August 4^th to either close the Public Hearing or take action on the Application under SEQRA unless early response has been received from the agencies party to circulation of the SEQRA lead agency NOI.  Further, the Planning Board will not be in a position to either close the Public Hearing or take action on the Application for Site Plan Approval under the Town's Zoning Law unless both the SEQRA compliance process has been completed and the matter of the adequacy in provided number of off-street parking spaces has been fully resolved whether through the Applicant's direct

 

 

initiative in modification of the extent of intended occupancy or otherwise in consultation with the Planning Board and/or Zoning Board of Appeals."

 

A motion was made by F. Woody Dierze' and seconded by John Varricchio to accept this resolution.  The motion carried by a unanimous vote of the Board members present, including Mitchell Markay.

 

 

REGULAR SESSION (NEW BUSINESS)

 

William and Susan Koff - River and Ryan Roads - Subdivision Plat.

 

This Application is represented by Rod Morrison of The LRC Group.  Mr. Morrison stated the item involves the initial presentation to the Planning Board of an Application for Subdivision Plat Approval to authorize the Re-Subdivision of Filed Map No. 5837A so as to cause the merger of former Lots 1 and 2 into a 24.33-acre lot, division of former 25.00-acre Lot 3 into Lot 3A (14.963 acres) and Lot 3B (5.037 acres) and maintenance of Lot 4 (6.555 acres) though no longer encumbered by a common driveway, all being in the R5A and Hudson River National Historic Landmark Districts and the Local Waterfront Revitalization Area and as depicted on a Surveyor's Map entitled "Re-Subdivision of Filed Map 5837" prepared by J. Charles Boolukus, LLS, and revised to May 24, 2008.  The submission is accompanied by the requisite Full EAF Part I certified by Kenneth Casamento of the LRC Group as agent on May 14, 2008, and a Cultural Resources Study by Dr. Joseph Diamond of the second development envelope within what is currently Lot 3.

 

Art Brod stated he finds the submission to be technically complete based on the minimum submission requirements set forth in the Town's Land Subdivision Regulations.

 

Michael Trimble stated the original subdivision has been filed with the County Clerk's Office and therefore is a legal complete subdivision.  On the original subdivision the no disturbance zone is legally binding.  The application/proposal before the Board is to change the lands including the no disturbance zone and in his opinion the Board cannot move forward.  Mitchell Markay stated it appears the maximum development envelopes are staying the same.  Art Brod stated the aggregate acreage is staying the same but the location of the envelopes has been modified.  Mr. Morrison stated the applicant is trying to move the building envelopes further away from the scenic road and cultural resources. 

 

Michael Trimble stated the question of what is legally binding in terms of the filed map needs to be addressed and requires input from Town Counsel.  John Varricchio agreed with Michael Trimble.  Mitchell Markay and F. Woody Dierze' also agreed this application needs to be reviewed by Town Counsel before any action is taken by the Planning Board.  The Chairman indicated he would immediately and with the Supervisor's consent take up this matter with Attorney John Lyons.  

 

 

 

 

 

Steven and Phoebe Melley - 958 NYS Route 308 - Special Use Permit.

 

This Application is being represented by Tom and Jacinta Vondell.  This application involves the initial presentation of an Application for Special Use Permit pursuant to Zoning Law Section V(F) for residential property improvements situate on a 7-acre parcel, TMP 135089-6371-00-380409, at 958 NYS Route 308 and adjacent to Sepasco Lake in the R3A District. 

 

Art Brod stated his review of the submission to date suggests that the Application involves no additional construction or site development and entails only a request for corrective action to authorize "pre-existing" work at the location.  Mrs. Vondell stated no additional building is proposed at this time. 

 

The site has a new septic system due to emergency replacement; this pump system was designed by Mark Graminski, P.E.  Tom Vondell stated the wetlands were flagged by NYSDEC.  Mr. Melley questioned the procedure if he chooses to add a screened porch at a later date.  Mike Trimble stated any expansion on the footprint will need to come before this Board for approval.  F. Woody Dierze' observed this Application is to clean up past issues and is pleased to see the initiative being taken to do so. 

 

The 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 June 16, 2008, Application by Steven and Phoebe Melley for Special Use Permit pursuant to Zoning Law Section V(F), ‘Development Near Streams, Rivers, Wetlands and Other Water Bodies', to authorize certain existing residential property improvements on a 7-acre parcel,  TMP 135089-6371-00-380409, at 958 NYS Route 308 and adjacent to Sepasco Lake in the R3A District, all as described within fourteen documents, including a required Short EAF Part 1 and architectural / engineering plans, submitted  to the Planning Board office under transmittal letter from The Law Office of Steven M. Melley:

 

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.

 

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

 

6.      Schedules a Public Hearing on the Application for Monday, August 4, 2008, at 7:05 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 John Varricchio to adopt the above stated resolution.  The motion carried by a unanimous vote of the Board members present, including Mitchell Markay.

 

Stephen Davis - Morton Road - Subdivision Plat.

 

John Post is representing this Application.  The Chairman stated this Agenda item involves the initial presentation of an Application for Subdivision Plat Approval to authorize Re-Subdivision of Filed Map 6941.  The re-subdivision is a 0.46-acre lot line alteration between "flag lot" Lot 5A (formerly 8.296 acres) and "full frontage lot" Lot 5B (formerly 8.127 acres).   The project site is located within the R5A and Hudson River National Historic Landmark Districts as well as the LWRA.  The intended re-subdivision is related to desired house placement on Lot 5B some 700 feet east of the railroad lands paralleling the Hudson River.

 

Mr. Post stated that while he was alerted to the need to submit a Full EAF Part 1, it has not been prepared. 

 

Chairman Trimble stated that this Application cannot move forward without submission of the completed Full EAF Part 1.  The Applicant's representative stated this will be addressed in time to be on the August agenda.

 

 

ZBA, ZONING ADMINISTRATOR OR TOWN BOARD REFERRALS

 

None scheduled.

 

OTHER BUSINESS

 

None scheduled.

 

ADJOURNMENT

 

With no further business scheduled, the Chairman accepted a motion to adjourn this meeting from F. Woody Dierze' seconded by John Varricchio.  All present were in favor.  Motion carried.  The Chairman declared this meeting adjourned at 8:40 pm.

 

Respectfully submitted,

 

 

Joan Winne

Planning Board Secretary

 

Annexed Document:  Public Hearing Notices, Daily Freeman, June 27, 2008