PRESENT:    Michael Trimble, Chairman

                        Melodye Moore

                        Mitchell Markay

                        Nicholas McCausland

                        John Varricchio

                        Art Brod, Planning Consultant

 

ABSENT:       Erin Wahlgren

                        F. Woody Dierze'

 

 

CALL TO ORDER / DETERMINATION OF QUORUM

 

The Chairman called this meeting to Order at 6:30 p.m. and determined a quorum to be present for the conduct of business.

 

 

BUSINESS SESSION

 

• Agenda. The Chairman stated the Agenda should be amended to include the Request for Time Extension / Zietz Farm Subdivision as discussed later in the planning Consultant's Meeting Notes.

 

• Forthcoming Meeting Schedule. The Chairman announced the next Regular Meeting of the Planning Board is scheduled for Monday, November 17, 2008. The Chairman further suggested the Planning Board schedule in the interim a workshop to discuss the proposed Comprehensive Plan and indicated this will be scheduled when Ted Fink and Sally Mazzarella are available to answer any questions the Board may have. The Board concurred this was advisable.

 

 

REGULAR SESSION (OLD BUSINESS / PUBLIC HEARING ITEMS) 

 

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

 

The Chairman stated this agenda item is a continuation of the August 4, 2008 Public Hearing which was previously deferred from September 9^th at the request of the applicant.

 

Ken Casamento from LRC Group stated discussion is on going with the neighboring property owners concerning the shared driveway entrance; as part of this discussion the neighbors are requesting the applicant seek a variance to reduce the extent of parking

 

required and proposed.  Art Brod questioned if as an alternative the existing driveway location might be approvable by DOT.  Mr. Casamento stated he doesn't believe it is from an engineering standpoint; there is major difficulty with respect to sight distance. 

 

 

 

The Chairman stated this Applicant is currently under SEQRA review.  Art Brod stated the Board could make a SEQRA determination if the neighbors would be willing to conditionally commit to grant of an access easement provided the parking requirement were reduced.  Neighbor Julia Goldman questioned if her attorney might be approached by the applicant about such a conditional commitment.  Mr. Casamento stated he will discuss this with his client. 

 

The Chairman stated this Public Hearing will be continued on November 17, 2008 at 6:35 p.m.  

 

 

John and Aniela Pietak - 60 Round Lake 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 September 26, 2008.

 

The Chairman stated this Agenda item first involves conduct of the required Public Hearing on the Re-Application for Subdivision Plat Approval necessitated by the applicant's failure to timely request 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, and might later move on to consideration of a resolution granting conditional plat approval. 

 

Upon inquiry by the Chairman, Mr. Pietak stated his engineer is working on meeting all of the conditions of the prior resolution. 

 

With no further questions or comments from either the Planning Board or the public, the Chairman accepted a motion from Meldoye Moore seconded by John Varricchio to close this Public Hearing.  All present were in favor.  Motion carried.

 

 

Steven Mensch - Mill Road - Special Use Permit.

 

The Chairman stated this Agenda item involves the required continuation from February 12, 2008 of the Public Hearing on Mr. Mensch's Application for Special Use Permit to authorize "Major Excavation" related to the construction of a 1.37-acre pond in the northerly portion of his landholding and directed the Secretary to read the Public Notice as it appeared in the Daily Freeman on September 26, 2008.

 

Chairman Trimble reminded the Board that the Town Engineer issued a 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."

 

 

Steve Mensch stated the calculations determined two additional 24" pipes needed to be installed to keep the pond from overflowing in the event of a 100 year flood and to reduce the containment volume to less than the maximum permitted without application for, and grant of, a NYSDEC Dam Permit. 

 

Mitchell Markay questioned if this work was done.  Mr. Mensch stated it is now complete and Kathy Dewkett, Project Engineer, has submitted her certification to the Board.  Mr. Markay questioned why the Applicant was allowed to do this work while in the application process before this Board.  Mr. Trimble stated this is work the Town Engineer requested to be done prior to his sign-off; the Chairman was in concurrence with the work taking place prior to approval for safety reasons.  Mr. Markay stated he feels this is something the entire Board should have had a say in, not just the Chairman.  Mr. Markay stated he has not been afforded the opportunity to review the final submissions from the Applicant or the Town Engineer and therefore requested any vote be delayed.

 

In consideration of Mr. Markay's request, the Chairman stated this Public Hearing will be continued on November 17, 2008 at 6:45 p.m. 

 

 

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

 

At the request of the Applicant the scheduled continuation of the Public Hearing on the proposed Amendment of the Approved Site Plan for the Stop & Shop Plaza was deferred to November 17, 2008 at 7:10 p.m.  The Chairman stated the Applicant indicated the deferral was required due to a contract condition stating Washington Street Partners must afford Stop & Shop adequate time to review any proposed Amendment of the Approved Site Plan before consideration of the amendment by the Planning Board.

 

 

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

 

The Chairman stated this Agenda item involves the conduct of a 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, 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.  The Chairman noted the subdivision tract is located within the R5A and Hudson River National Historic Landmark Districts and the Local Waterfront Revitalization Area and that the proposed re-subdivision is 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.

 

Board Members Mitchell Markay and John Varricchio visited this site.  John Varricchio questioned the distance between the two curb cuts (one proposed and one existing) on Ryan Road.  Ken Casamento of the LRC Group stated the distance between the two driveways is 250 feet.  Mr. Varricchio stated Ryan Road is well traveled by pedestrians and bicycles.  Mitchell Markay asked if the Applicant is willing to give assurances there will be no further subdivision of Lot 2.  Mr. Casamento and Neal. Alexander, the Koff's Attorney, stated this is not something the Applicant is willing to do; at this time there are however no plans for further subdivision.  Mitchell Markay stated concern for view shed impact and wants to be sure the conservation easement is still in place.  Mr. Alexander responded that the Dutchess Land Conservancy, holder of the conservation easement, has submitted a letter stating DLC finds no issues with Lots 1, 2 & 4.  Meldoye Moore questioned protection of the rail bed.  Mr. Alexander stated the precautions are the same as the first subdivision.  Mitchell Markay stated the driveways are located in a way to preserve the old trees.  Nicholas McCausland asked if the owners were willing to limit the number of subdivisions.  Mr. Alexander stated the owners are willing to comply with current and future zoning but are not willing to put deed restrictions in place.  Michael Trimble stated the no disturbance area was site specific, the amount of acreage was not mentioned.  Features were being protected and feels the Board needs to see those circumstances will not be disturbed and questioned if the new subdivision still abides by the Board's rationale.  Mr. Alexander stated that all pertinent information for making such determination is in the cover letter.  Melodye Moore asked if the information includes an archaeological investigation of the newly-proposed development envelope.  Mr. Alexander stated it does and Art Brod, Town Planning Consultant, indicated he had reviewed Dr. Diamond's supplement to his earlier archaeological resources report.  Michael Trimble stated the no disturbance was site specific for protection of a specific area, the building envelope that was the most objectionable location from a view shed standpoint is being deleted. Kathy Hammer questioned the rationale to the Planning Board for reopening the file to allow the applicant to proceed with this new subdivision.  Art Brod stated a property owner has a right to apply for re-subdivision, in this instance of Lot 3, if the property owner can do so consistent with lot area and other dimensional standards set forth in the Town's Zoning Law.  Ms. Hammer questioned if this application is considered segmentation.  John Varricchio stated his opinion this would be segmentation if the Application was changing the entire subdivision, in essence what is before the Board is a lot line alteration, the previous subdivision had four lots and this

 

 

request is still only 4 lots.  Ms. Hammer asked if a fifth building envelope would be allowed where the conservation easement is located.  Mr. Alexander stated this is a

 

private matter due to the financial information on which it is based and not a matter within the purview of the Planning Board.  Ms. Hammer asked if an auxiliary building is allowed within the conservation easement area.  Michael Trimble stated accessory structures would be allowed.  Ms. Hammer asked if this Applicant can return in 6 month for another new subdivision.  Mr. Trimble stated legally the Planning Board has no authority to deny this Applicant such right.  Art Brod stated effectively only the subdivision of Lot 3 is on the table; Planning Board approval is not required to consolidate lots, as in the case of Lots 1 and 2.  John Varricchio asked if the Planning Board does not consolidate lots then is this proposal actually a 5-lot subdivision which would be in violation of the Town's moratorium.  Michael Trimble stated the consolidation can be handled as a condition of the approval and would have to occur prior to stamping and signing of the plat providing for the subdivision of Lot 3 into Lots 3A and 3B. Meg Crawford of the CAC asked if Lot 2 is part of the conservation easement.  Michael Trimble stated the conservation easement is on Lots, 1, 2 and 4.  Steven Mensch asked if this application isn't really creating the 5^th lot.  Michael Trimble stated not with the requirement consolidation as he had just discussed. 

The Chairman stated the 30-day time period following circulation of the SEQRA NOI had not yet expired;  thus, the Chairman stated this Public Hearing will be continue on November 17, 2008 at 6:55 p.m.

 

 

REGULAR SESSION ( PLANNING BOARD ACTION ON APPLICATION SUBJECT APPLICATION SUBJECT OF CLOSED PUBLIC HEARING)

 

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

 

There being no questions from the Planning Board, the Chairman read the below 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 August 25, 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.      Re-affirms the Negative Declaration under SEQRA issued on November 5, 2007, in the matter of the subject proposed 4.982-acre lot line alteration.

 

 

2.      Grants requested Subdivision Plat Approval for the John & Anelia Piatek Minor Subdivision / Lot Line Alteration and authorizes the Chairman to stamp and sign the Subdivision Plat upon the Applicant's demonstration of

 

satisfaction of each of the below conditions and/or requirements within the next one hundred eighty (180) calendar days which period may be extended for a maximum of two (2) additional periods of ninety (90) days each upon prior written request to the Planning Board and upon demonstration of a diligent effort being made to satisfy the conditions and/or requirements:

 

a.      Submission of a design plan acceptable to the Town Engineer for the proposed common driveway and related documentation of approval by Dutchess County DPW of its intersection with CR 52.

 

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

 

c.      Securing of design approval (Permit to Construct) from the Dutchess County Health Department for intended water supply and sanitary sewage arrangements on the proposed 5.842-acre residential building lot.

 

d.      Submission of the draft of a Common Driveway Ownership, Easement and Maintenance Agreement determined to be satisfactory by the Town Attorney and intended for recording in the Dutchess County Clerk's Office simultaneously with the filing of the Approved Subdivision Plat.

 

e.      Installation of the common driveway in accordance with the approved design plan and securing of a sign-off from the Town Engineer as to its as-built conformance with the approved design plan.

 

f.        Payment of any outstanding fees or reimbursable amounts related to the review of this Application due the Town of Rhinebeck.

 

g.      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 consideration of the Planning Board's observation that the above action involving ‘existing lots of record' will not result in the creation of any additional residential lots or dwelling sites determines not applicable to this Application the provision of the Town's Land Subdivision Regulations requiring either the set-aside of recreation or other open space land within the Subdivision or an alternate cash-in-lieu-of-land payment to the Town's Recreation Fund for each new residential lot or dwelling site created."

 

 

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

 

 

REGULAR SESSION (OTHER OLD BUSINESS)

 

Zietz Farm, Inc. - Stone Church Road - Subdivision Plat.

 

The Chairman stated Richard Hanback, L.S., as Agent for Zietz Farm, Inc., submitted a letter request on October 1, 2008, for "a 90 day extension of our Final Subdivision Approval granted on April 7, 2008, which is set to expire on October 7, 2008, for the purpose of fulfilling the various conditions of Final Approval".

 

With no questions the Chairman read the following draft resolution, prepared by Art Brod and with correction of the expiration date indicated in the request, for the Board's consideration:

 

 

"The Town of Rhinebeck Planning Board, upon October 1, 2008, letter request by Richard Hanback, L.S., Agent for Zietz Farm, Inc., hereby extends for a period of ninety (90) calendar days from October 4, 2008, to January 2, 2009, the deadline for satisfaction of conditions and/or requirements set forth by the Planning Board within its resolution of April 7, 2008, granting Conditional Final Plat Approval for the Zietz Farm, Inc. Minor Subdivision."

 

 

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

 

 

REGULAR SESSION (NEW BUSINESS)

 

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

 

The Chairman stated this Agenda item involves the initial presentation of an Application for Subdivision Plat Approval to authorize a 0.27-acre "land swap" involving portions of adjoining parcels of 1.710 acres and 1.495 acres in the R-5A District, where 5 acres is the minimum lot area.  Marie Welch, L.S. and agent for the Applicant, stated the intent of the lot line alteration is to encompass an existing well and pool within the bounds of the heretofore developed 1.710-acre lot with the configuration and land area of the parcels to be exchanged based upon recognition that neither lot can be made more non-complying through the subdivision plat approval process.

 

Art Brod noted the following:

 

-     According to the Survey Map prepared by Marie Welch, L.S., and dated September 16, 2008, the parcels are described by deed within Doc. No. 02 1991 8510 and identified in combination as TMP 6170-01-307867.  Entry on the application form otherwise indicates TMP 6170-01-289865 and TMP 6170-01-318866. 

 

 

-           

-          In order to document the "existing lot of record" status of these individual parcels (which were created at some point in time without subdivision plat approval), the Planning Board should at a minimum require submission of a copy of the property deed. 

 

With no further questions or comments, 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 September 17, 2008, Application by Jeffrey and Kevin Espie (Marie Welch, L.S., Agent) for Subdivision Plat Approval to authorize a 0.27-acre ‘land swap' 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 and dated September 16, 2008, and otherwise described in the Application and a Short EAF Part 1 certified by Jeffrey Espie:

 

1.      Accepts the Application as adequate for commencing Planning Board and public review subject to the receipt of a copy of an Application for Area Variance submitted to the ZBA prior to October 20, 2008, in the matter of swimming pool setback.

 

2.      Classifies the Application as a ‘Minor Subdivision / Lot Line Alteration' under the Town's Land Subdivision Regulations and an ‘Unlisted Action' under SEQRA.

 

3.      Schedules a Public Hearing on the Application for Monday, November 17, 2008, at 6:45 p.m. and directs the Clerk to provide timely notice thereof as required under the Land Subdivision Regulations.

 

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

 

5.      Requires the Applicant to file as a complement to the Application a copy of recorded Doc. No. 02 1991 8510 as referenced on the aforementioned Survey Map and to correct and/or otherwise explain the difference in the Tax Map Parcel Number(s) shown on the Survey Map and indicated within the Application."

 

 

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

 

 

OTHER BUSINESS

 

 

Jeff Decker - Hook Road - Site Plan.

 

The Chairman stated Meg Crawford has submitted a letter stating she finds the landscaping satisfactory at he Decker site and that Mr. Decker had submitted a required document stating he will maintain the landscaping.  Nicholas McCausland stated he is not particularly impressed with the landscaping at this point but feels as the planting grow they will better screen the site.  John Varricchio recused himself from any discussion due to a current professional relationship with Mr. Decker.

 

In furtherance of the resolution adopted at last month's meeting, the remaining members present concurred with the Chairman's opinion that the project was now satisfactorily completed and the Town Board should at this time be requested to release the escrow funds deposited by Mr. Decker.

  

 

ZBA, ZONING ADMINISTRATOR OR TOWN BOARD REFERRALS

 

The Chairman stated there were no referrals to be considered.

 

 

ADJOURNMENT

 

With no further business before the Planning Board, the Chairman accepted a motion from Mitchell Markay seconded by Melodye Moore to adjourn this meeting.  The meeting was adjourned at 8:45 p.m. 

 

 

 Respectfully submitted,

 

 

Joan Winne

Planning Board Secretary