PRESENT:     Michael Trimble, Chairman

                        F. Woody Dierze'

                        Mitchell Markay

                        Melodye Moore

                        Sharon Sherrod

                        Dan Staley, Town Board Liaison

                        Art Brod, Planning Consultant

 

 

CALL TO ORDER / DETERMINATION OF QUORUM

 

The Chairman called this meeting to Order and determined a quorum consisting of all presently appointed members to be present for the conduct of business.

 

 

BUSINESS SESSION

 

• Agenda. The Chairman stated the Agenda will stand as distributed and posted except for the deletion of the second item under Regular Session (New Business), "Astor Courts, LLC". The Chairman and Planning Consultant have judged the submitted materials to be inadequate to initiate processing by the Planning Board under either the Zoning Law or SEQRA and instead scheduled a pre-submission conference with the Applicant to define the minimum required components of an adequate initial submission.

 

• Minutes.

 

-          Regular Meeting of November 17, 2008.  Sharon Sherrod motioned and Melodye Moore seconded to accept the November 17, 2008 Meeting Minutes as drafted.  All were in favor.  Motion carried.

 

-          Regular Meeting of December 15, 2008.  The Minutes of the Regular Meeting of December 15, 2008, have not yet been prepared by the Clerk.  Consideration of these Minutes will be deferred to the Regular Meeting of February 2, 2009.

 

• Correspondence and Other Announcements. The Chairman stated the Town Board hopefully will appoint 2 new members to the Planning Board at their next meeting. In the interim the Chairman noted F. Woody Dierze' had been re-appointed to a 7-year term, Morris Associates and PLANNERS EAST had been retained for another year, and he had been re-appointed Chairman for another year.

 

 

REGULAR SESSION (OLD BUSINESS / PUBLIC HEARING ITEMS) 

 

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

 

The Chairman stated this Application is the subject of a continued Public Hearing from the November 17, 2008 meeting.  He indicated that the required Agreement concerning

 

the proposed common driveway access to this proposed two-building professional office complex has not yet been entered into by Stone Chapel Holdings, LLC, and the neighboring residential property owner and submitted to the Planning Board.

 

Upon the Chairman's recommendation, Sharon Sherrod motioned and Melodye Moore seconded to continue this Public Hearing to February 2, 2009 at 6:40 pm.  All were in favor.  Motion carried.

 

Jeffrey and Kevin Espie - 12 Mt. Rutsen Road at Tator Hill Road - Subdivision Plat.

 

The Chairman stated this Application is the subject of a continued Public Hearing from the December 15, 2008 Meeting.  He reported the Zoning Board of Appeals acted on December 17, 2008, on the Applicant's request for Area Variances for (1) reduction in a non-complying lot area from 1.495 acres to 1.485 acres and (2) reduction from 20 feet to 10 feet in the side yard setback for an existing swimming pool that would occur upon the Planning Board's favorable consideration of the Espie's Application for Subdivision Plat Approval. 

 

Art Brod stated the request made and granted for the Area Variance to reduce the area of a non-complying lot would indicate the Applicant  intends to amend its September 17, 2008, Application for Subdivision Plat Approval, as accepted by the Planning Board on October 6, 2008.  The submitted Application (and associated Survey Map and EAF Part 1) provided for a 0.27-acre land swap involving portions of adjoining 1.710-acre and 1.495-acre parcels in the R-5A District.

 

Marie Welch, L.S. and applicant's agent, stated this was in fact the case.  The Board members concurred with the Chairman the Application, including the related Short EAF, could be amended at this time due to the diminimus variation between the prior and current proposals and the documents were so modified and initialed for the record by Ms. Welch. 

 

Upon inquiry by the Chairman, CAC representatives stated the CAC had no comments to offer on this Application.

 

With no further questions or comments from either the Planning Board or the public, the Chairman accepted a motion from F. Woody Dierze' seconded by Melodye Moore to close this Public Hearing.  All 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 hereby acts as follows on the September 17, 2008, Application by Jeffrey and Kevin Espie (Marie Welch, L.S., Agent) for Subdivision Plat Approval for Subdivision Plat, as amended on January 5, 2009, to authorize a composite 0.05-acre lot line alteration between adjacent 1.495-acre and 1.710-acre parcels at Mt. Rutsen and Tator Hill Roads in the R-5A District, all as depicted on a Survey Map entitled ‘Lot Line Alteration Prepared for Espie' prepared by Ms. Welch, dated September 16, 2008, and revised to December

 

24, 2008, and otherwise described in the Application and a Short EAF Part 1 certified by Jeffrey Espie and revised to January 5, 2009:

 

1.      Acknowledges the Zoning Board of Appeals decision of December 17, 2008, wherein the Applicant was granted Area Variances for (1) reduction in a non-complying lot area from 1.495 acres to 1.485 acres and (2) reduction from 20 feet to 10 feet in the side yard setback for an existing swimming pool that would occur upon the Planning Board's approval of the subject Application for Subdivision Plat Approval.

 

2.      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, a ‘Minor Subdivision / Lot Line Alteration' and 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.

 

3.      Grants Subdivision Plat Approval and authorizes the Chairman 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 of the date of this resolution:

 

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

 

b.      Submission in a form acceptable to the Town Planning Consultant the draft of consolidation or merger deeds incorporating the 0.02-acre and 0.03-acre annexation parcels depicted on the Subdivision Plat with their respective receiving parcels, said deeds as intended for execution and as required to be recorded in the Dutchess County Clerk's Office simultaneously with the filing of the Subdivision Plat so as to obviate what otherwise would be the creation of the annexation parcels as additional free-standing non-complying parcels.  To complete the subdivision plat approval process, copies of the recorded deeds are required to be submitted to the Planning Board office within twenty (20) calendar days of the filing of the Subdivision Plat.

 

c.      Payment of any other outstanding fees or reimbursable amounts due the Town of Rhinebeck in the processing and review of this Application.

 

d.      Submission of Subdivision Plat drawings in the number and form specified within the Town's Land Subdivision Regulations, including all required stamps, seals, certifications and consent notes.

 

In taking this action the Planning Board finds there to be no new lots and/or additional residential building sites created and thus deems non-applicable to this Application the provisions of the Town's Land Subdivision Regulations requiring either the set-aside of recreation or other open space land or a cash payment in-

 

lieu-thereof in situations where new lots and/or additional residential building sites are created."

 

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

 

William Koff (Susan Koff, PA) - River and Ryan Roads - Subdivision Plat.

 

The Chairman stated this  Agenda item involves the continuation from October 6^th,, November 17^th and December 15^th of the Public Hearing on the June 6, 2008, Application by William Koff (through Susan Koff as Power of Attorney) 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, the division of former 20.00-acre Lot 3 into Lot 3A (14.963 acres) and Lot 3B (5.037 acres) and the maintenance of Lot 4 (6.555 acres) as presently configured 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, and otherwise described in accompanying documentation including but not limited to an engineer's opinion letter revised to May 14, 2008, concerning suitability for on-site sanitary sewage disposal, a 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, that being for proposed Lot 3B, within what is currently Lot 3.

 

The Chairman stated that at the last meeting the Planning Board requested the Applicant consider the presentation of a further revised plat depicting a common driveway serving proposed Lots 3A and 3B instead of the independent driveways heretofore proposed and further requested the Waterfront Advisory Committee re-visit its November 1st review concerning this Application.  The Planning Board's consensus on December 15^th was that the Board was not ready to consider its determination of consistency under applicable LWRP policies until these requests were answered. 

 

Meg Crawford, Chair of the CAC, stated the CAC members were not granted access to the Koff property for their review.  The review took place from Ryan Road.  The CAC is suggesting the driveway on Lot 4 be moved 15 feet closer to River Road to avoid a wet area and suggests moving the curb cut to protect a large Sugar Maple tree.  Susan Koff stated a driveway permit has been granted by the Town's Highway Superintendent.  Mrs. Koff continued to state her opinion this subdivision fits in with the character of the neighborhood; many homes are completely visible from River and Ryan Roads while she has attempted to place the building site so it would be somewhat camouflaged.  The conservation easement has been submitted to this Board but it is a completely private agreement between herself and Dutchess Land Conservancy.  Dutchess Land Conservancy has submitted a letter stating they have no issue with the subdivision as it pertains to the conservation easement.  Ken Casamento, LRC Group, stated the driveway has been carefully planned to remove the least amount of trees as possible while maintaining acceptable sight distances.  An entrance for a common driveway would need to be 18 to 20 feet wide and would in his opinion have more visual impact. 

 

Mitchell Markay asked the width of the proposed individual driveways.  Mr. Casamento stated 12 feet wide.  Neil Alexander, the Koff's attorney, stated River Road which is a designated scenic road is 800 feet away.  Meg Crawford stated the alternative of a common driveway will have less impact on the environment and also doesn't believe a common driveway is required to be 18 to 20 feet wide as indicated by Mr. Casamento. 

 

Neighbors concerned with the impact of additional traffic on Ryan Road submitted a petition to the Board.  Ken Casamento stated they are only requesting one additional curb cut, i.e. for Lot 3A.  The driveway for previously named Lot 3 is existing and will serve proposed Lot 3B.  Mitchell Markay stated he has not heard a compelling argument there should not be a shared driveway; while it may not be ideal the CAC feels it is important and a reasonable request. Sharon Sherrod stated two driveways will destroy more; a curb cut exists that could serve both lots.  Melodye Moore concurs with Sharon Sherrod.  Woody Dierze' stated that the walkers on Ryan Road drive to walk there; one curb cut or two the number of the cars will be the same.  Melodye Moore agreed with Mr. Dierze' on the number of cars and the same number of houses but restated one curb cut will cause less disturbance.  Susan Koff stated her opinion the common driveway will actually cause more disturbance because of required blasting and earth moving associated with its construction.  Neil Alexander stated a common driveway will destroy the marketability of both lots.  Melodye Moore questioned Ken Casamento about engineering issues as they pertain to the common driveway.  Ken Casamento stated that from engineering and surveying standpoints the proposed Lot 3A driveway was designed to meander without removing a lot of trees; in his opinion the presence of two individual driveways won't be noticeable. 

 

Michael Trimble stated this Board has been encouraging common driveways for years.  Neil Alexander asked what is driving the Board to make this request.  Art Brod answered the LWRP and the Chairman concurred. 

 

Mr. Alexander asked if he could have a recess to speak to his client.  Chairman Trimble granted the recess and moved on to the next application matter on the Agenda.

 

Upon their return Ken Casamento stated that while they don't agree the Applicant is willing to provide for a common driveway.  Kathy Hammer reiterated her concerns, as stated in prior sessions of this Public Hearing, for the view experienced by neighboring landowners. 

 

The Chairman accepted a motion from Mitchell Markay and seconded by F. Woody Dierze' to close this Public Hearing and directed Art Brod to prepare a Draft Negative Declaration under SEQRA and Subdivision Pat Approval resolution for consideration at the the February 2, 2009 Planning Board Meeting.  All were in favor.  Motion carried.

 

 

REGULAR SESSION (NEW BUSINESS)

 

Vincent P. Kinlan - White Schoolhouse Road - Special Use Permit.

 

The Chairman stated this Agenda item involves the initial presentation of an Application for a Special Use Permit for a Soil Mine in the R3A District.  Art Brod noted soil mining is

 

a matter which falls under the concurrent jurisdiction of NYSDEC under the NYS Mined Land Reclamation Law and the Town of Rhinebeck under the Town's Zoning Law.

 

He further referred to the Chairman's November 4, 2008, letter to NYSDEC (in response to a SEQRA NOI in the matter of the intended long-term expansion of mining activity at this location) to point out the present status of this matter in consideration of Town jurisdiction:

 

"The Special Use Permit issued by the Planning Board on March 7, 2005, for the current soil mine covered the period April 1, 2005, through March 31, 2008, and incorporated conditions of importance to the community in consideration of the scale of the operation and its impact on both neighboring property owners who are substantially residential in nature and the adjacent public roadway network.

 

The property owner was to file with the Planning Board a request for extension prior to December 31, 2007, to provide sufficient time for processing thereof prior to the expiration date of the Special Use Permit and has filed to do so.  While the operation may be continuing, the Planning Board finds the record to indicate the Special Use Permit expired on March 31, 2008, and has, concurrently with the issuance of this letter, referred this matter to the Town's Zoning Administrator for his review and the taking of any action that may be deemed appropriate."

 

The Chairman reported the Zoning Administrator subsequently concurred with the above description and issued a "cease and desist" order.

 

Paul Griggs of Griggs-Lang Consulting Geologists, Inc, agent for Vincent Kinlan, stated he has both applied to the ZBA to have the "cease and desist" order lifted and to the Planning Board for a Special Use Permit.  Melodye Moore questioned how an Applicant can ask the ZBA to extend a special use permit that has expired.  Chairman Trimble stated "they could not but did". 

 

F. Woody Dierze' asked if the Board is currently looking at the expansion or only at resolving the current expiration issue.  The Planning Consultant stated this proceeding involved only the mining area subject of the March 7, 2005, Special Use Permit and did not involve in any way the request for the substantially expanded "life of mine" area subject on NYSDEC's NOI.  Mr. Griggs stated he agreed with this observation by Mr. Brod.   

 

The Chairman asked Mr. Griggs to clarify the status of the NYSDEC Permit for the mining area subject of the Town's now-expired Special Use Permit before expecting the Planning Board to process this Application. Mr. Griggs indicated he would do so, hopefully in time for the Board's consideration at its February 2, 2009, meeting and with anticipation that NYSDEC might in the interim act on extension of the NYSDEC Permit.

 

 

ZBA, ZONING ADMINISTRATOR OR TOWN BOARD REFERRALS

 

None scheduled.

 

 

ADJOURNMENT

 

With there being no further business to come before this Board the Chairman accepted a motion to adjourn from F. Woody Dierze' and seconded by Melodye Moore. The Chairman declared this meeting adjourned at 8:47 pm. 

 

 

Respectfully submitted,

 

 

Joan Winne

Planning Board Secretary