PRESENT:     Michael Trimble, Chairman

                        Mitchell Markay

                        John Varricchio

                        F. Woody Dierze'

                        Art Brod, Planning Consultant

 

ABSENT:       Nicholas McCausland

                        Melodye Moore

                        Erin Wahlgren

 

 

CALL TO ORDER / DETERMINATION OF QUORUM

 

The Chairman called this meeting to Order and determined a quorum to be present for the conduct of business.

 

 

BUSINESS SESSION

 

• Agenda. The Chairman stated the published Agenda has been modified to include procedural consideration of the Steven Mensch Application for Special Use Permit.

 

• Consideration of Meeting Minutes. F. Woody Dierze' motioned and Mitchell Markay seconded to approve the August 4, 2008 Regular Meeting Minutes as drafted. All present were in favor.

 

• Correspondence and Other Announcements. The Chairman stated the Board has officially received the Town Board referral on the draft comprehensive amendment of the Town's Zoning Law. Chairman Trimble stated he has discussed with Comprehensive Plan Chair, Sally Mazzarella, the need to revise the Subdivision Regulations at the same time as the Zoning Law. The referral is dated September 8, 2008 with response requested within 30 days. Chairman Trimble suggested the Board hold a workshop with the consultants working on the Comprehensive Plan. After much discussion all present were in agreement. John Varricchio motioned and Mitchell Markay seconded to have the Chairman set up a workshop meeting with the Comprehensive Plan consultants on Monday, September 15, 2008, if possible.

 

• Forthcoming Meeting Schedule. The Chairman announced he next Regular Meeting of the Planning Board is scheduled for Monday, October 6, 2008.

 

 

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 a continuation of Public Hearing from the August 4, 2008 meeting.  The Public Hearing was earlier scheduled to occur during the Planning Board's Special Meeting of August 19, 2008, but was deferred to this Regular Meeting

 

upon request of the Applicant to permit time to respond to concerns expressed by neighbors in letters to the Planning Board and to secure a common driveway access agreement with an adjoining property owner that is required to carry out the re-development in the configuration proposed. 

 

Applicant Jeffrey Martin requested this Public Hearing be further continued to October 6, 2008 at 6:35 pm, to allow additional time to resolve the issues with the common driveway. 

 

A motion was made by Mitchell Markay and seconded by F. Woody Dierze' to continue this Public Hearing on October 6, 2008 at 6:35 pm.  All present were in favor.  Motion carried.

 

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

 

The Chairman stated this  Agenda item involves continuation from August 4, 2008, of the Public Hearing on the Application of Washington Street Partners (Rhinebeck Mews LLC), as authorized by Stop & Shop, for Amendment of the Approved Site Plan for the "Stop & Shop Shopping Center" so as 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 principal 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. 

 

Joseph Hocko, WSP Applicant, stated they may have a single tenant for the remainder of the building rather than the three store fronts as shown on the Site Plan; he would like to amend his application to be in two phases; Phase 1 being the principal 22,250 s.f. use and Phase 2 being the 3 additional tenants.  Mr. Hocko also stated that he is now having the on-site wetland area delineated as requested by the Planning Board. 

 

Michael Trimble stated he visited the site with Ray Jurkowski, Town Engineer.  The need to delineate the wetlands was discussed as well as the need for reinvigorating and maintenance of the landscaping as well as the use of black vinyl fencing to help it "blend" into the landscaping.  Mitchell Markay questioned if the ZEO has inspected the site and reported the existing landscaping to be in compliance with the approved site plan for this property.  Mr. Trimble stated that Mr. Maasz has not yet responded.  Mr. Markay questioned the lighting for the site.  Mr. Hucko stated no changes in the existing lighting are proposed for the parking area and wall pack down-lights will be used on the side of the building.  Mr. Markay questioned the necessity of lighting on the side of the building.  Mr. Hucko stated the side lights are necessary for security.  Mr. Markay then questioned whose responsibility is it to maintain the landscaping on the existing site plan.  Mr. Hucko stated he would need to go back to Stop & Shop with the landscaping concerns. 

 

Kim Williams, representing the adjacent property owner to the north,  read the following letter into the record:

 

"August 29, 2008

 

I'm writing to recap the points I raised at the Planning Board Meeting on Monday, August 4^th.

 

The applicant should consider the components of the comprehensive plan in the development of this site.

 

1.      In regard to the zoning for the 100,000 sq. ft. shopping plaza, the new Stop & Shop building and the former Grand Union building, along wit the addition of the proposed 16,000 sq. ft. building, along wit the addition of the proposed 16, 0000 sq. ft. display area - is a special use permit required?  (See notes from the previous town Planning Board minutes)

 

2.      I believe a coordinated SEQRA review of this project is required relating to an environmental encroachment into the ACOE wetlands area.  (As relates to the placement of the propane tanks and proposed display area "B" border on the property line of the wetlands.)  In addition, several trees and some existing landscaping must be removed.  (See attached photos.)

 

• The wetland at the site need to be field verified and confirmed by the ACOE (Jurisdictional Determination) since it appears that the applicant is using pervious site information. Site conditions may have changed, therefore requiring a current delineation.
• Any wetland disturbance or potential pollutant runoff needs to be considered and permitted by ACOE.
• Any wetland disturbance or potential pollutant runoff needs to be considered and permitted by ACOE.

 

3.      Stormwater Management:

• Provide adequate analysis of existing and proposed stormwater conditions.
• Provide detailed calculations which demonstrate that proposed improvements will not adversely impact adjoining properties.
• Project should comply with SPDES stormwater requirements. Has project applicant considered required water quantity and quality parameters?
• Will the display areas contain equipment that has gas, oil and lubricants? Will this equipment be serviced at the site? If so, what are the means for disposal? Will the stormwater from the display areas be treated?

 

4.      Wastewater Design:

• The wastewater design flow should be based upon the actual flow which is generated from similar retail facilities. The Dutchess County Department of Health and Village of Rhinebeck should review the wastewater design. Is the existing facility operating in accordance with previous approvals?

 

 

5.      I would recommend a fire department review.  Can the fire department easily access the three new proposed stores through the alley-way (both on foot and by vehicle)?  Also, there is a transformer located on the eastern end with the proposed 6' screen fence.  How far out does the proposed display area "A" extend of the building?  By increasing the fence height from 6' to 8', can the fire department ladder truck reach the roof?

 

6.      In reference to the proposed lighting plan.  The S.P. series wall pack is intended to light up the proposed display area "A' and "B".  These lights will case horizontal and vertical shadows causing light pollution.  It must be ensured that these lights be cast directly down onto the display area to avoid shining into the eyes of the drivers.   The proposed site plan is not clear regarding site lighting. An analysis of existing and proposed lighting conditions should be presented.

 

7.      Does the proposed project conform to the approved access and internal traffic flow plans?  Confirmation should be obtained by NYSDOT that all existing improvements are adequate and no new improvements are required.   With a minimum drive lane of 45', trucks will hit the display area.  They are currently hitting the curbing.

 

8.      Please review Section 15 - Outside display use.  All tractor and trailers must be contained into the display area "A" and "B".  Tractor Supply has placed an (S) next to those items that they stock and/or display on the sidewalk or in the parking lot.  If the tractors are put on the sidewalk they could encroach onto the ADA approved sidewalk/entrance.  Also, trailers displayed in the parking lot would reduce parking spots for potential customers, could block flow of traffic for tractor trailers exiting the property, and is not allowed by zoning law.  (See enclosed photos of Tractor Supply in Highland, NY)

 

9.      Planning Board Consistency:  Is this consistent with the Town's proposed Comprehensive Plan?

 

10.  Does the addition of the three new stores up the property over the (G.P.D.?)  Proposal correct for the number of toilets per location? Has hand-washing been considered?  Also, what type of stores will go in?  A restaurant would greatly increase the use of water.

 

Your attention to these issues would be appreciated.

 

Signed

Kimberly S. Williams"

 

The Chairman next read the following Section 239 GML referral response from Dutchess County Planning and Development dated September 3, 2008

 

"The Dutchess County Department of Planning & Development has reviewed the subject referral within the framework of General Municipal Law (Article 12B, Sections 239-1l and 239-m).  After considering the proposed action in the context of

 

 

countywide and intermunicipal factors, the Department finds that the Board's decision involves a matter of some concern and offers the following comments.

 

Action

 

The applicant is seeking site plan approval to renovate an existing vacant building within a shopping center.  The proposal includes a 22,520 square foot principal retail tenant and provision for three additional tenants of a combined 12,498 square feet.

 

Comments

 

This site plan provides an opportunity for the Board to request corrective improvements to the larger shopping center, not just to the building.  We first note that the amended site plan proposal is not consistent with current planning for the area as represented in the draft Comprehensive Plan and Zoning Law, which should be at least considered when reviewing this application.

 

The plaza currently has overly tall and overly bright lighting throughout the parking lot.  The applicant is proposing additional wall lighting.  The Board should consider requiring improvements to the existing lighting within the parking area.  Light fixtures that are more in keeping with a traditional neighborhood area, project fewer foot-candles into the parking lot and beyond, and not exceeding 15-20' in height would be more appropriate.

 

The applicant t is not proposing any new landscaping.  Additional landscaping along the entire NYS Route 9 frontage and interior landscaped islands would enhance the overall visual quality of the site as well as screen the over 120, 000 square feet of asphalt and lighting levels would also be more in keeping with the Town's long-term plans for the Astor Flats area and the Town of Rhinebeck Design Standards (see pp. 17-21). 

 

We also suggest a reconfiguration of the tenant spaces.  The smaller tenant spaces could have entrances and store identification along the building frontage, rather than off of a proposed dead-ended plaza between the two big boxes.

 

The applicant has stated that a variance request for signage is being requested.  We have consistently recommended against allowing two (2) monument signs for this plaza (Referral 08-139 dated April 11, 2008 and Referral 01-591 dated September 18, 2001).  The Board previously determined that one roadside identity sign would serve both buildings in the plaza and we agree.  The statement in the Zoning Board of Appeals April 17, 2002 Resolution is still applicable.  The resolution states, "The Town code seeks to create and promote an aesthetically pleasing environment appropriate for a rural community, Rhinebeck is not a regional shopping center.  Those patrons who wish to make purchases at Stop & Shop as well as the other yet undefined co-located businesses can easily find them with a sign that complies with the code."

 

 

 

Consideration of a larger sign, as allowed by Code, should be when there are five (5) tenants and not when there is only the possibility of having five businesses within the

 

plaza.  As there is only one (1) potential additional tenant identification on the existing sign.

 

Recommendation

 

The Department recommends that the Board rely upon its own study of the facts in the case with due consideration of the above comments.

 

Signed

Lindsay Carille"

 

Art Brod, Town Planning Consultant, stated it is his understanding the Applicant will be presenting during the continued Public Hearing a revised Site Plan drawing(s) to address conditions imposed by the Town Zoning Board of Appeals in its recent grant of an area variance pertaining to maximum fence height for the outdoor display/storage area. Art Brod also stated he understood the Applicant may be amending the current Application so as to request the Planning Board's authorization of the phased implementation of its re-development plan.

Art Brod continued to state this circumstance has arisen due to the possibility Washington Street Partners might lease the 12,498 s.f. to a single tenant instead of subdividing the space among three tenants.  In this instance, the southern elevation of the former Grand Union building and the plaza area between the former Grand Union and present Stop & Shop building would not be developed for storefronts and pedestrian access in the manner depicted on the heretofore submitted engineering and architectural plans.  

 

Ira Liecht stated he is concerned about the impact of this proposed use on local businesses.  Michael Trimble stated the Board is very limited about who can or can not come into a retail space.  Mr. Liecht asked if the Board would take public opinion into consideration.  Michael Trimble stated the Board will take all public comment into consideration to the extent the Board is legally allowed to do so and went on to point out that the current Zoning Law allows for a shopping center on this site, which is what the Planning Board is governed by.  Kim Keil questioned the adequacy of the sanitary sewage disposal system, water supply facilities and the Storm Water Pollution Prevention Plan.  Michael Trimble stated both stores will share these systems and the Town Engineer will review the SWPPP.  

 

At the Applicant's request Chairman Trimble and Art Brod reviewed the additional information that must be submitted by the Applicant for the Planning Board to continue its review and WSP's Matt Moore said he would summarize this discussion by issuing a memorandum setting forth his understanding of this checklist within the next day or two.  Mitchell Markay stated he wanted the Applicant to understand this might not necessarily be an exhaustive list. 

 

With no further questions, the Chairman stated this Public Hearing will be continued on October 6, 2008 at 7:00 pm.

 

Stephen Davis - Morton Road - Subdivision Plat.

 

The Chairman opened this Public Hearing and directed the Secretary to read the Public Notice as it appeared in the Daily Freeman on August 29, 2008.

 

This Application is represented by John Post, L.S.  Mr. Post explained the 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. 

 

John Varricchio and Michael Trimble visited this site.  John Varricchio stated the proposed driveway is an existing wood lane, with the proposed reconfiguration allowing for an alternate house site.  He has no reservations about this subdivision.  Mitchell Markay stated concern about the proposed septic near the river bank.  John Varricchio stated the septic shown by the river is the reserve area required by the Health Department and not the primary system.  Mr. Markay sated it would be difficult to use that area as the reserve septic due to the topography.  Michael Trimble stated the primary and auxiliary SDS would need Health Department approval and sign off; providing the location is not in violation of NYSDEC and/or Health Department regulations this is out of the purview of the Planning Board.

 

Art Brod, Town Planning Consultant, stated the intended re-subdivision will not in his opinion cause any significant planning or zoning issues (except for the matter of the development of a suitable access driveway for routine and emergency purposes as must be deemed adequate by the Building Inspector in exercise of his authority under Section 280-a of the Town Law) and appears to be related to desired house placement on Lot 5B some 700 feet east of the railroad lands paralleling the Hudson River.

 

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

 

The Chairman then 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 June 19, 2008, Application by Stephen Davis for Subdivision Plat Approval to authorize a 0.46-acre lot line alteration between Lot 5A and Lot 5B, Filed Map 6941, in the R5A and Hudson River National Historic Landmark Districts and the Town of Rhinebeck Local Waterfront Revitalization Area, all as depicted on a Surveyor's Map entitled ‘Map of Lot Line Alteration of Lots 5A & 5B (Filed Map No. 6941) prepared for Stephen L. Davis' by John J. Post, Jr., LLS, and dated June 12, 2008, and otherwise described in the Application including Full EAF Part 1, being the ‘Re-Subdivision of Filed Map 6941, Minor Subdivision / Lot Line Alteration‘ under the Town's Land Subdivision Regulations and a ‘Type I Action' under SEQRA:

 

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 and related comments by both the NYS Office for Parks, Recreation and Historic Preservation and the Town of Rhinebeck Waterfront Advisory Committee, that the Proposed Action, a ‘Type I 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 and directs the Clerk to file the same in the manner prescribed.

 

2.      Grants Subdivision Plat Approval for the ‘Re-Subdivision of Filed Map 6941', as described above, 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.      Payment of any other outstanding fees or reimbursable amounts due the Town of Rhinebeck.

 

c.      Demonstration of the presence of a common driveway ownership, easement and maintenance agreement serving the lots, whether through submission of a copy of a previously-filed and still current agreement recorded in the Dutchess County Clerk's Office or the preparation and execution of a new agreement in a form and of content first found acceptable by the Town Attorney and then recorded in the Dutchess County Clerk's Office.

 

d.      Further demonstration that the proposed common driveway serving the lots complies with the Town of Rhinebeck's design requirements for a common driveway, with the common driveway design plans to be reviewed and deemed adequate by the Town Engineer and Zoning Administrator / Building Inspector's Office for purposes of both routine and emergency access. 

 

e.      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 notes no additional lots or residential building sites are being created and thus finds to not be applicable to this Application the requirements of the Town's Land Subdivision Regulations providing for the set-aside of recreation or other open space land within subdivisions or the alternate payment of a cash-in-lieu-of-land recreation fee to the Town of Rhinebeck."

 

 

 

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.

 

 

REGULAR SESSION (OTHER OLD BUSINESS)

 

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

 

The Chairman stated the Planning Board first reviewed this Application on July 7, 2008.    The Planning Board elected at that time to first move independently with the securing of an opinion from the Town Attorney as to the appropriate course of action to be taken by the Planning Board in considering this Application.  Mr. John Lyons, Attorney to the Planning Board, has advised the Board to move forward with this application.

 

Chairman Trimble stated the  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.

 

Mr. Ken Casamento, P.E. with The LRC Group confirmed the most current Subdivision Map is dated May 24, 2008.  The subdivision involves the resubdivision as described by the Chairman.  Lot 4 will remain the same with the exception of the removal of the common driveway no longer needed to serve Lot 2.  John Varricchio questioned if Lot 1 was becoming larger.  Art Brod stated it will due to the consolidation of the two lots.  Mr. Casamento stated the cultural resources review has been completed and submitted to the Board.   Mitchell Markay stated this could have been dealt with as two separate applications, one consolidating two lots and the second subdividing another lot.  

 

Art Brod stated he finds the submission to substantially address the comments he offered to the LRC Group on April 24, 2008. 

 

The Chairman then read the following draft procedural resolution, as prepared by the Town Planning Consultant, for the Board's consideration:

 

 

"The Town of Rhinebeck Planning Board hereby acts as follows 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, division of former 20.00-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, 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 within what is currently Lot 3:

 

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

 

2.      Classifies the Proposed Action as a ‘Re-Subdivision of Filed Map 5837A, Minor Subdivision‘ under the Town's Land Subdivision Regulations and a ‘Type I Action' under SEQRA due to its location within the Hudson River National Historic Landmark District.

 

3.      Declares the Planning Board's intent to serve as Lead Agency under SEQRA for coordinated environmental quality review of this ‘Type I Action' and directs the Clerk to provide notice thereof including a copy of the Full EAF Part 1 and the above-cited Surveyor's Map to other involved and/or interested agencies including the NYS Office for Parks, Recreation and Historic Preservation, the Dutchess County Health Department, the Town of Rhinebeck Highway Superintendent and the Town of Rhinebeck CAC / Waterfront Advisory Committee.

 

4.      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.

 

5.      Delegates Planning Board members Mitchell Markay and John Varricchio to conduct a field visit to the project site and report their observations at the time of Public Hearing.

 

6.      Schedules a Public Hearing on the Application for Monday, October 6, 2008, at 7:15 p.m. and directs the Clerk to provide notice thereof in the manner set forth within the Town's Land Subdivision Regulations. 

 

In scheduling the Public Hearing, the Planning Board notes it will not however be in a position on October 6, 2008, to either close the Public Hearing or take action on the Application under either SEQRA or the Town's Land Subdivision Regulations unless early response has been received from the agencies party to circulation of the SEQRA lead agency NOI."

 

 

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

 

Jeff Decker Contracting - Hook Road - Site Plan.

 

The Chairman stated this Agenda item involves a discussion of the adequacy of the landscape screening installed at the Jeff Decker Contracting site pursuant to the terms of (and in consideration of the opportunity provided by) 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, most specifically including the requirements stated therein at 5(f) and (g):

 

"5.  Grants Site Plan Approval upon recommendation of the Town Engineer in accordance with the above-cited ‘Site Plan' and associated ‘Landscape Plan', with the Chairman authorized to stamp and sign the Site Plan upon the Applicant's satisfaction of each of the below conditions and requirements within six (6) calendar months of this resolution:

 

f.        Written acknowledgment by the Applicant of requirement to provide as a condition of securing a Certificate of Occupancy additional landscaping as may be deemed needed by the Planning Board upon field inspection of the built project to meet the requirements of Section V (N) of the Town's Zoning Law, with a maximum budget of five thousand dollars ($5,000.) established therefore.

 

g.      Written acknowledgment by the Applicant of requirement to replace within the next planting season any landscaping shown on the Approved Site Plan, or subsequently required by the Planning Board, and which may either die or become severely diseased."

 

The Chairman asked for input from any members who visited the site.  F. Woody Dierze' stated his opinion the site is consistent with the character of the neighborhood.  John Varricchio suggested two additional trees be planted on the east side of the driveway.  Meg Crawford, CAC stated the planting should be such that it helps with the runoff into the wetlands.  Mitchell Markay stated the Zoning Law calls for screening of the activities on the site.  John Varricchio stated he has been to this site a number of times and no activity takes place.  Mitchell Markay stated his opinion the site is nicer in appearance than the others in the area. 

 

The Chairman suggested the CAC make recommendations on the type of additional trees to be installed.  Meg Crawford stated she would visit the site. 

 

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

 

 

"Pursuant to the terms of its resolution of May 16, 2005, granting Site Plan Approval for Jeff Decker's ‘Contractor's Yard' the Town of Rhinebeck Planning Board has reviewed the sufficiency of landscaping / screen plantings either maintained or installed during the course of development of the contractor's yard. 

Upon doing so, the Planning Board has determined as follows:

 

 

 

1.      Two or three additional evergreen trees and/or woody ornamentals should be planted and subsequently maintained to the east of the ‘ID rock' along the Hook Road frontage of the parcel, further specification of which by location, type, species and caliper and/or height, shall be made by the CAC and first communicated to the Planning Board Office and then by the Planning Board to Mr. Decker.

 

2.      Upon satisfactory installation of the specified additional plantings and written statement by Mr. Decker of commitment to maintain both the newly-installed plantings and all other landscaping / vegetative screening  on the parcel, the Planning Board Chairman is empowered to notify the Town Board that the $5,000. performance guarantee heretofore provided by Mr. Decker should be released." 

 

 

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

 

 

Steven Mensch - Mill Road - Special Use Permit.

 

The Chairman stated the Town Engineer issued the following letter on August 8, 2008, stating the following with respect to the Mensch Pond Construction project:

 

"On August 1, 2008, this office received the following documents regarding the above referenced project:

 

1. Correspondence from Dewkett Engineering dated July 30, 2008.
2. Revised Site Plan Drawing S-1, as prepared by Dewkett Engineering, dated last revised July 31, 2008.
3. Impoundment Structural Design Report dated last revised July 30, 2008.

 

Based on a review of the above, this office provides the following comments for your consideration:

 

1. This office has reviewed the revised plan and calculation and has found that they adequately address this office's previous comments.
2. Once the work has been completed, this office recommends that the design engineer provide an updated construction certification."

 

The Chairman noted the Planning Consultant's observation that the Planning Board's record indicates the Public Hearing remains open from February 12, 2008, on this matter.  The Public Hearing was scheduled at that time by the Planning Board for continuation in April 2008, provided requested additional information satisfactory to the Town Engineer was received by March 20, 2008.  Such did not occur and no further action has been taken by the Planning Board with respect to scheduling / noticing the continuation of the Public Hearing.

 

 

 

The Chairman stated that In consideration of this circumstance and the Town Engineer's review comments, the Public Hearing may now be continued.  He then 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 in the matter of the Application by Steven Mensch for Special Use Permit to authorize ‘Major Excavation' undertaken in a northerly portion of the Mensch property in the construction of a 1.37-acre pond and associated impoundment structure, all as a depicted on a ‘Revised Site Plan Drawing S-1', as prepared by Dewkett Engineering, dated last revised July 31, 2008, and within an ‘Impoundment Structural Design Report' also prepared by Dewkett Engineering and dated last revised July 30, 2008:

 

1.      Schedules continuation from February 12, 2008, of the Public Hearing on this Application for Monday, October 6, 2008, at 6:50 p.m. and directs the Clerk to provide full notice thereof as required under the Town's Zoning Law.

 

2.      In consideration of the August 8, 2008, review letter issued by the Town Engineer, requests the Town Planning Consultant to prepare drafts of a Negative Declaration under SEQRA and a Special Use Permit Approval resolution for consideration on October 6^th should no unforeseen issues arise at the continued Public Hearing and the Public Hearing be closed at that time."

 

 

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.

 

 

REGULAR SESSION (NEW BUSINESS)

 

H. Daniel and Patricia Wallace - Hilltop Road - Special Use Permit

 

Robert DuPont, RA is representing this Application.  Mr. DuPont stated in September of 2007 the Planning Board granted Site Plan Approval.  Now that a Certificate of Occupancy has been secured for the building he believes his client needs to return to this Board to use his accessory dwelling. 

 

Art Brod stated he researched the prior Planning Board minutes and resolution from September 11, 2007, and believes no further Planning Board action to be required.

 

The Chairman then read as follows from the September 11, 2007 Minutes:

 

 

"‘The Town of Rhinebeck Planning Board hereby acts as follows on the April 19, 2007, Application by H. Daniel Peck and Patricia Wallace, per  19, 2007, letter

 

communication from Robert J. DuPont, Architect, Agent, for Special Use Permit pursuant to Zoning Law Section VI(B)(5) to authorize conversion of an existing storage building to a ‘Detached Accessory Dwelling Unit' on a 3.59-acre parcel (TMP 16-6370-00-175097) situate on Hilltop Road in the R3A District, all as depicted on a Site Plan and Building Plans prepared by Mr. DuPont and otherwise described in the related Application, a Short EAF and an Individual Permit to Construct issued by the Dutchess County Health Department on March 7, 2007:

 

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 issues a Negative Declaration deeming an environmental impact statement to not be required.

 

2.      Finds the intended use to comply with all requirements for a ‘Detached Accessory Dwelling Unit' as set forth at Zoning Law Section VI(B)(5).

 

3.      Grants the requested Special Use Permit conditional upon payment by the Applicant of any outstanding fees or reimbursable amounts due the Town of Rhinebeck, as enumerated by the Clerk, for expenses incurred in the review and processing of this Application.

 

4.      Upon satisfaction of the above condition authorizes the Clerk to notify the Zoning Enforcement Officer of the Planning Board's issuance of the Special Use Permit and authorizes the ZEO and/or Building Inspector to first issue a related Building Permit and subsequently a Certificate of Compliance and/or Use upon the Applicant's compliance with any additional laws, codes, rules, regulations or other requirements within their purview.

 

A motion was made by Erin Wahlgren and seconded by Nicholas McCausland to adopt the above stated resolution.  The motion carried by a unanimous vote of the Board members present."

 

 

The Planning Board concurred with the Planning Consultant that this Applicant received the necessary approvals from this Board on September 11, 2007 and nothing additional is required with the exception of a Certificate of Occupancy from the Town's ZEO/Building Inspector. 

 

The Secretary was directed to cause the return of any fees paid by the Applicant related to this appearance before the Board.

 

 

John and Aniela Pietak - 60 Round Lake Road - Subdivision Plat.

 

The Chairman stated that as discussed at the August 19, 2008, Special Meeting this matter was the subject of a request for extension of the time period for satisfaction of conditions and/or requirements set forth in the Planning Board's conditional subdivision

 

plat approval resolution of November 5, 2007.  In that the 180 calendar day period expired in early May 2008, with no timely request having been made for extension prior to that date, the Planning Board decided the prior conditional approval had expired; the recent request was deemed not in order and requirement for Re-Application was indicated.

 

The Chairman reported that the required Re-Application had occurred and upon his recommendation it was the consensus of the Planning Board to waive the application fees, but not the reimbursable costs, associated with the Board's processing of this Re-Application.

 

With no other questions or comments, the Chairman read the following draft procedural resolution, prepared by Art Brod, for the Board's consideration:

 

 

"The Town of Rhinebeck Planning Board hereby acts as follows on the August 10, 2008, Re-Application by John & Anelia Piatek for Subdivision Plat Approval to authorize a proposed 4.982-acre lot line alteration between adjoining 0.860-acre and 26.397-acre parcels owned by the Applicant in the R3A District, the intent of the Application being to enlarge and more suitably configure the 0.860-acre parcel (an ‘existing lot of record' under the Town's Zoning Law) as a 5.842-acre residential building lot, all as set forth on a drawing entitled ‘Lot Line Alteration Lands of Piatek' stamped by John Harris Decker, L.S., dated July 15, 2007, and revised to October 10, 2007, and in related Application materials including the Application Form, Short EAF, and design data for review and approval by the Dutchess County Health Department:

 

1.      Accepts the Re-Application as adequate for commencing Planning Board and public review.

 

2.      Classifies the Re-Application as a continuing ‘Unlisted Action' under SEQRA.

 

3.      Waives the required application fee while holding the Applicant responsible for costs incurred by the Town in the noticing and review of this Re-Application.

 

4.      Schedules a Public Hearing on the Re-Application for Monday, October 6, 2008, at 6:45 p.m. and directs the Clerk to provide timely notice thereof as required under the Town's Land Subdivision Regulations."

 

 

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. 

 

 

 

 

 

 

ZBA, ZONING ADMINISTRATOR OR TOWN BOARD REFERRALS

 

CSI Developers, LLC - NYS Route 9G North - Variance from Moratorium.

 

The Chairman stated the Town Board has referred to the Planning Board for its recommendation CSI's request for a variance from the Town's moratorium. The Chairman assured the Board that any recommendations made to the Town Board on this referral will have no bearing on any future consideration from this Board for Site Plan Approval.  The request to the Town Board includes roughly 20,000 s.f. with a full basement.  Chairman Trimble stated his opinion from a planning stand point this application will now be accurately reviewed under SEQRA.   John Varricchio stated he has no problem with the Town Board issuing the requested variance from the moratorium.  F. Woody Dierze' concurred with John Varricchio and Chairman Trimble.  Mitchell Markay stated he too takes no issue with grant of the variance. 

 

With no further comments, the Chairman read the below draft resolution, as prepared by Art Brod, for the Planning Board's consideration

 

 

"The Town of Rhinebeck Planning Board hereby recommends the Town Board approve the request by CSI Developers, LLC for a variance from the Town's Land Development Moratorium (Local Law No. 6, 2007) so as to permit CSI to make Application for Site Plan Approval to the Town Planning Board for a proposed commercial building in excess of 8,000 square feet, and prospectively as great as 20,000 square feet, of gross floor area on NYS Route 9G in the HBP District."

 

 

A motion was made by John Varricchio and seconded by F. Woody Dierze' to adopt this resolution.  All present were in favor.  Motion carried.

 

 

ADJOURNMENT

 

With no further business before the Planning Board, the Chairman accepted a motion from F. Woody Dierze' and seconded by John Varricchio to adjourn this meeting.  The Chairman adjourned the meeting at approximately 9:30 p.m.

 

 

Respectfully submitted,

 

 

Joan Winne

Planning Board Secretary