Planning Board Meeting Minutes 11-17-08
PRESENT: Michael Trimble, Chairman
Melodye Moore
Mitchell Markay
F. Woody Dierze'
Nicholas McCausland
Sharon Sherrod
Art Brod, Planning Consultant
ABSENT: John Varricchio
CALL TO ORDER / DETERMINATION OF QUORUM
The Chairman called this meeting to Order at 6:30 pm and confirmed a quorum of the Board present for the conduct of business.
BUSINESS SESSION
- Agenda. The Chairman stated the posted Agenda will stand as distributed.
- Consideration of Minutes.
September 9, 2008. Sharon Sherrod motioned and F. Woody Dierze' seconded to accept the September 9, 2008 minutes as drafted. All present were in favor. Motion carried.
October 6, 2008. Sharon Sherrod motioned and Mitchell Markay seconded to accept the October 6, 2008 minutes as drafted. All present were in favor. Motion carried.
November 3, 2008. Sharon Sherrod motioned and Mitchell Markay seconded to accept the November 3, 2008 minutes as drafted. All present were in favor. Motion carried.
- 2009 Regular Meeting Calendar and Agenda Deadline. The Chairman recommended adoption of the below 2009 Regular Meeting Calendar as presented by the Clerk. Consistent with the proposed comprehensively-amended Town land use controls the proposed calendar includes a close of agenda date 21 days prior to each Regular Meeting instead of the 18 days prior standard currently in effect.
"TOWN OF RHINEBECK
PLANNING BOARD MEETING SCHEDULE (2009)
Meeting Date Close of Meeting Agenda
January 5, 2009 December 15, 2008
February 2, 2009 January 12, 2009
March 2, 2009 February 9, 2009
April 6, 2009 March 16, 2009
May 4, 2009 April 13, 2009
June 1, 2009 May 11, 2009
July 6, 2009 June 15, 2009
August 3, 2009 July 13, 2009
September 8, 2009 (Tuesday) August 17, 2009
October 5, 2009 September 8, 2009
November 16, 2009 October 26, 2009
December 7, 2009 November 16, 2009
Meetings are on the 1st Monday of each month unless noted at 6:30 pm
Agenda closes on the Monday, 21 days prior to the meeting date. See Minimum Submission Requirements
Special Meetings may be scheduled for the 3rd Monday of each month."
A motion was made by Sharon Sherrod and seconded by F. Woody Dierze' to adopt the 2009 Planning Board Meeting schedule with agenda close dates as proposed. All were in favor. Motion carried.
- Correspondence and Other Announcements.
The Chairman stated the ZEO has issued a "stop work order' for the soil mine owned by Vincent Kinlan due to expiration of the Town of Rhinebeck Special Use Permit for this land use.
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 being considered at continued public hearing, as deferred from September 9th at the request of the applicant. Ken Casamento from the LRC Group stated an Application for Area Variance to reduce the required number of parking spaces has been submitted to the ZBA. Mr. Casamento further stated a common driveway access agreement has not yet been reached with the adjacent property owner. Art Brod stated the Planning Board is not in the position to make a SEQRA determination on this project until suitable access has been secured and that the ZBA may not act on the request for a reduction in parking until the Planning Board has either issued a Negative Declaration under SEQRA or accepted a Draft EIS for this Type I Action.
The Board agreed with the Planning Consultant's observations and the Chairman stated this Public Hearing will continue on December 15, 2008 at 6:35 pm.
Steven Mensch - Mill Road - Special Use Permit.
The Chairman stated this is the continuation from October 6, 2008 of the Public Hearing on Mr. Mensch's Application for Special Use Permit to authorize "Major Excavation" related to the development of a 1.37-acre pond within the northerly portion of his 500-acre landholding.
The Chairman stated the Town Engineer has signed off after the Applicant's engineer inspected and certified as complete the necessary ‘threat to public safety work" that was not part of the initial design.
With no question or comments from the public or the Board the Chairman accepted a motion from Sharon Sherrod seconded by F. Woody Dierze' to close this Public Hearing. All present were in favor. Motion carried.
Jeffrey and Kevin Espie - 12 Mt. Rutsen Road at Tator Hill Road - Subdivision Plat.
The Chairman stated that as noted on the Agenda all consideration of this Application for Subdivision Plat Approval has been suspended due to issues present with respect to the location and lack of fencing of the swimming pool on the subdivision parcel.
Marie Welch, L.S. stated the fencing violation has now been corrected and the Board will receive a letter from the Zoning Administrator. An Application for Area Variance has also been submitted to the ZBA as to the pool location with respect to the proposed lot line.
The Chairman stated this Public Hearing will continue on December 15, 2008 at 6:45 pm.
William Koff (Susan Koff, PA) - River and Ryan Roads - Subdivision Plat.
The Chairman stated this Agenda item involves the continuation from October 6th 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 within what is currently Lot 3.
The Chairman further stated SEQRA Notice of Intent to Serve as Lead Agency was circulated on October 24, 2008; therefore the required 30 days for response by other agencies has not yet expired.
The Chairman next reviewed the below review of the Application in its role as waterfront Advisory Committee:
"Conservation Advisory Council (CAC)
Local Waterfront Revitalization Program (LWRP)
Waterfront Advisory Committee (WAC)
Town of Rhinebeck
Date: November 1, 2008
Consistency Review for LWRP of the Koff Property
Present: Members of CAC/LWRP/WAC: Meg Crawford, Raphael Notin, Bill Dowden, Lisa Camp, Sheila Maloney, Gloria Fox, and Carol Smith
Guests: Mike Trimble, Sharon Sherrod, Planning Board Members
The CAC conducted a consistency review of the William and Susan Koff property on River Road, Rhinebeck. This property is in the LWRP and the Historic District.
Lot 1 is being annexed to Lot 2. Are they still 2 separate lots under the conservation easement that would allow another dwelling? Has the right been reserved to build on old Lot 2? Lot 3 is being divided into Lot 3A and Lot 3B. Are there now four or five lots?
How will this new subdivision affect the Historic character of Ryan Road?
Building Lot 3B will affect the scenic view shed.
Three new driveway cuts are proposed on Ryan Road. Would a shared driveway be more appropriate for Lots 3A and 3B?
Ryan Road is heavily used for walking and three driveway cuts would destroy the character of the road.
There are several wet areas on this property including 4 ponds and a seasonal stream.
The LWRP finds that the Historic and Scenic Resources Policies 24A and 24B apply to this project.
Policy 24A: prevent impairment of scenic resources within the estates district scenic area of statewide significance. Maintain and enhance landscaped grounds, maintain and preserve stonewalls, gateways, and landscape features. Using appropriate scales, forms and materials to ensure buildings and other structures are compatible with and add interest to the landscape. Identification and protection of existing trees of a significant size, that is eight inches or over in diameter, and of stone walls will be required through special permit and site plan requirements. The town should maintain and protect any stone walls along Ryan and River Roads. Any stone walls on the interior of these lots should be preserved.
Policy 24B: Protect scenic qualities of roads in the town nominated as scenic roads... Three driveway cuts would diminish the scenic qualities of the road.
Notes from CAC minutes including previous reviews also on the Koff property:
From August 25, 2008 minutes:
Town requires easements for the preservation of the existing rail bed for the expansion of the Huckelbush trail system. The rail system is an integral part of the Town's recreation planning.
The CAC also reiterates its concern that the proposed subdivision is out of character with the nature of this designated scenic road. This site is part of the national historic landmark district. It provides a key transition between the few smaller homes on the eastern side of River Road, and the fewer large estates along the river. It nestles on the western side next to the Creed Ankony Farm and the Astor Casino. The wooded area on the property here provides a scenic buffer for the Astor Casino and Tea House. Impacts on those important sites should be addressed and mitigated in the site plan. This Type I action may have a significant adverse impact as set out in 6 NYCRR 617.7(c)(v): "the impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character."
From April 28, 2005 minutes:
Impact on wetlands - There are streams, ponds and wet areas on the property. The streams are tributaries to the Hudson River.
Suburban subdivision - The application is for a subdivision with a distinctly suburban character on land located in the National Historic Landmark District, which land has several contributing features to said District, and which land is also in an agricultural district. The results of the proposed subdivision would be a significant adverse environmental impact on the Landmark District, and inconsistent with the Scenic District - The proposed subdivision is on River Road, an important scenic and historic road for the Town of Rhinebeck and for Dutchess County.
The application exhibits a lack of sensitivity to the historic values for that area. River Road is an important scenic and historic road, well known throughout the State. Preserving the character of this road is important for the Town of Rhinebeck. The CAC is also concerned that the proposed suburban development is not appropriate for this agricultural land. We are further concerned that there could be a significant impact on wetlands and Hudson River tributaries, which the application does not address.
The CAC found that inconsistencies were found as per policies 24A and 24B
Respectfully submitted:
Sharon Sherrod and Carol Smith"
Meg Crawford, Chair of the CAC, stated the LWRP study has been completed by the CAC. The CAC is concerned with the impact on a scenic road. Neil Alexander, Attorney for the Applicant, stated Ryan Road is not a designated scenic road. Art Brod stated that while Ryan Road is not a designated scenic road the CAC has issued an opinion under 24A of the LWRP concerning scenic views. Chairman Trimble stated the CAC has made its recommendations citing specific inconsistencies within the policies of the LWRP which now the Planning Board review. Mitchell Markay feels it would be helpful to have the CAC compare the plans and stated what they liked or don't like about the new plan vs. the old plan. Art Brod stated the coastal determination by the planning Board might be integrated with its SEQRA determination. Michael Trimble read Arthur Seelbinder's letter dated November 17, 2008 stating his opinion this additional application is clearly segmentation. Chairman Trimble stated this letter should be referred to the Town Attorney for response. F. Woody Dierze' agreed the letter should be reviewed by the Attorney.
The Chairman accepted a motion from Mitchell Markay seconded by Sharon Sherrod to continue this Public Hearing on December 15, 2008 at 6:55 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 and September 9, 2008, as additionally deferred from October 6th upon the Applicant's request, of the Public Hearing on the Application of Washington Street Partners (Rhinebeck Mews LLC), as authorized by Stop & Shop and supplemented on October
13, 2008, for Amendment of the Approved Site Plan for the "Stop & Shop Shopping Center". The requested Amendment would authorize renovation of the former Grand Union building and undertaking of related site modifications and improvements including new outdoor display areas 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 a either a second tenant occupying the building's remaining 12,498 s.f. or the further division of the 12,498 s.f. to accommodate one or two additional tenants and a possible pedestrian plaza, for a total of 35,108 s.f. of retail commercial floor area.
Matt Moore with Washington Street Partners stated the application has been amended and submitted as a two phase project. Phase I would consist of the principal use of the building ‘Tractor Supply' and the second Phase would be the additional stores. Mitchell Markay stated the Site Plan is marked as the second phase being a "courtesy review" and if that is what the Applicant is requesting the Planning Board must review the Application in its entirety at this point.
Mitchell Markay further pointed out the ZBA resolution allowing the 8' fence stated the Planning Board is to determine the material used for the fence and the specific species and size of the trees used to screen the outdoor display area.
Kim Williams, representing the neighboring land owner to the north, stated she is very concerned with the substantial disturbance in the wetlands and the amount of water that is going to build up during a storm. Ms. Williams also stated she believes with the inclusion of the outdoor display area the square footage exceeds what is allowed in this Zoning District. Chairman Trimble stated the Zoning Administrator has made a determination the outdoor display area is not considered part of the square footage due to the absence of a roof. Ms. Williams asked to be put on record that if this applicant comes back in asking to build a roof they will be over the allowed square footage.
Ralph Cautella, adjoining property owner to the south of the Stop & Shop Shopping Center, submitted a letter from David Rider, P.E., dated November 12, 2008. Mr. Rider indicates he has reviewed the Rhinebeck Mews plans as relate to the Cautela property and is very concerned with the water runoff / drainage. There is an existing issue with the water pooling on his property. Mr. Cautella requested mitigation measures be put into place for the existing issues as well as future issues and for the Applicant to maintain storm water on their own site.
The Chairman stated the Town Engineer has preformed a preliminary review of this project and is quite concerned about the drainage on the site. Matt Moore stated the wetlands have since been delineated.
Neil & Beverly Kane submitted the following letter dated November 17, 2008:
"We are writing in support of the proposed Tractor Supply store. It is our understanding that this company is interested in moving into the location of the former Grand Union on Route 9.
We have purchased two items from Tractor Supply - a plow and a bush hog mower. We had to travel to Highland to make these purchases. There currently no business
in Rhinebeck that sells these items. Yes, Tractor Supply represents a ‘chain' of stores. So does Stop & Shop, Ace Hardware, Mavis Muffler, CVS to name a few. Evidently Tractor Supply sells some merchandise that can be found locally - that's why so many farmers and homeowners who need farming supplies travel to Highland, Hudson or Amenia to go to Tractor Supply. They could save a lot of fuel by shopping locally.
As for the merchandise that might also be sold by other businesses - what is wrong with competition??? How many people thought that Northern Dutchess Pharmacy would be put out of business by CVS? We still do our shopping at Northern Dutchess Pharmacy.
Tractor Supply represents a company that sells materials that people in Rhinebeck need and want. It is not a trendy boutique; it will not cater to tourists. Tractor Supply will be a place where local people can buy things they need without traviling to Highland, Hudson, Amenia or even Kingston. This is a wonderful use for this location with a building that has stood empty for several years. "
Ed Russell stated he would like to see the Board do what they can to ensure this project moves forward. It will be a local place farmers can get what they need. Mr. McLaughlin stated he feels the Board should help move this application forward to both provide some competition and utilize an empty building. He also stated he feels the negative comments are simply attempting to slow this process down.
There being no further public or Board comments or questions at this time, the Chairman stated this Public Hearing will continue on December 15, 2008 at 7:05 pm.
REGULAR SESSION (OLD BUSINESS)
Steven Mensch - Mill Road - Special Use Permit.
There being no further discussion of this Application by the Planning Board, Chairman 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 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. Acknowledges the receipt of an August 1, 2008, review memorandum from the Town Engineer reading as follows:
‘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.'
2. Acknowledges the further receipt of a July 31, 2008, letter from Dewkett Engineering, certifying completion of the construction in accordance with Site Plan S-1 and the Impoundment Structural Design Report cited by the Town Engineer.
3. In consideration of the above review memorandum and certification and its own field observations of the project site, the Planning Board:
a. Upon examination of the Full EAF Part 1 submitted by the Applicant, its own completion of EAF Part 2, and related consideration of both the ‘criteria for determining significance' set forth at 6 NYCRR Part 617.7.c and input from both the NYS Office for Parks, Recreation and Historic Preservation and the Town of Rhinebeck CAC determines 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 (Determination of Non-Significance) deeming an environmental impact statement to not be required and directs the Clerk to distribute a copy thereof in the manner provided within 6 NYCRR Part 617.
b. Issues the requested Special Use Permit subject to requirement that the Town of Rhinebeck be reimbursed, to the extent such may not have already occurred, for any consultant expenses incurred in the review and processing of this Application for Special Use Permit."
A motion was made by Sharon Sherrod seconded by Melodye Moore to adopt the above stated resolution. The motion carried by a unanimous vote of the Board members present.
Kathleen Van Wormer - NYS Route 9G South - Subdivision Plat.
Thomas Mannix, P.E., as Agent, submitted a letter request on October 31, 2008, for the remaining 45 day extension for consideration of conditions precedent to stamping and signing of the Final Subdivision Plat for the Kathleen Van Wormer Subdivision, which period is otherwise scheduled to terminate on November 17, 2008, based upon a combination of the Planning Board's resolution of January 7, 2008, and a 135-day extension previously granted.
The Chairman stated for the Board's information the Town Engineer last commented on this matter on November 4, 2008. At that time, Mr. Jurkowski signed off subject to receipt of a letter from NYSDOT indicating the work performed within the NYSDOT right-of-way is to the Department's satisfaction and from the Town Attorney stating approval of the reciprocal easements and maintenance agreements for the common driveway.
The Chairman read the following draft resolution, as prepared by Art Brod, for the Board's consideration:
"The Town of Rhinebeck Planning Board, upon October 12, 2008, request by Thomas Mannix, P.E., Agent for Kathleen Van Wormer, hereby extends for a final period of forty-five calendar days from November 18, 2008, to January 2, 2009, the deadline for satisfaction of conditions and/or requirements set forth by the Planning Board within its resolution of January 7, 2008, granting Conditional Final Plat Approval for the Kathleen Van Wormer Minor 2-Lot Subdivision."
A motion was made by Mitchell Markay and seconded by Nicholas McCausland to adopt the above stated resolution. The motion carried by a unanimous vote of the Board members present.
Lenka Knapp - Old Albany Post Road - Subdivision Plat.
Alyssa Knapp submitted a letter request on October 18, 2008, for time extension for satisfaction of conditions and requirements precedent to stamping and signing of the Final Subdivision Plat as established by the Planning Board on April 21, 2008, for the Lenka Knapp Minor 2-Lot Subdivision.
The Chairman read for the Board's consideration, the following draft resolution, as prepared by Art Brod:
"The Town of Rhinebeck Planning Board, upon an October 18, 2008, letter request by Lenka Knapp hereby extends retroactively for a period of ninety (90) calendar days from October 18, 2008, to January 16, 2009, the deadline for satisfaction of conditions and/or requirements set forth by the Planning Board within its resolution of April 21, 2008, granting Conditional Final Plat Approval for the Lenka Knapp Minor 2-Lot Subdivision."
A motion was made by Sharon Sherrod and seconded by Mitchell Markay. The motion carried by unanimous vote of the Board members present.
REGULAR SESSION (NEW BUSINESS)
CSI Developers, LLC - Route 9G North - Special Use Permit and Site Plan.
The Chairman stated this agenda item involves the initial presentation of Applications for Special Use Permit and Site Plan Approval to authorize development consisting of a 20,000 s.f. commercial building and related site improvements within a 7.7-acre parcel (TMP 6171-00-797523) in the Highway Business Park (HBP) District. Consideration of these Applications is authorized pursuant to a variance from the Town's Land Use Moratorium granted by the Town Board on October 14, 2008, with the present Applications intended by the CSI Developers, LLC, to supersede all earlier submissions made by the firm and its consultants to the Planning Board concerning the same project site throughout the past three years.
The Board received a letter from the Town's Zoning Administrator dated November 17, 2008, stating the Application is not complete for processing by the Planning Board in that there is no information presented concerning the location and design of intended on-site sanitary swage facilities.
Ken Casamento of the LRC Group presented this Application. He stated each floor will be served by an independent sanitary sewage disposal system. Related application with design has not yet been submitted to the Health Department for review and approval
Planning Consultant Art Brod noted the following deficiencies in the Application:
- The Application for Site Plan Review is not dated.
- Page 1 of the Full EAF should not be dated. In fact, assuming the Planning Board seeks to move for re-establishment of Lead Agency it is not yet Lead Agency for consideration of this Proposed Action.
- At Page 5 of the Full EAF, under B925) compliance with NYSDEC stormwater regulations (GP or otherwise) should be stated and at C(7) zoning classifications are not cited. In addition, I disagree with the response to C(12); going from a vacant site to one generating an estimated 120 vehicle trips at peak hour is in my view the generation of traffic significantly above present levels.
- In examination of the Civil Drawings, I find that a very significant site element is not depicted by location or presented in detail. Where is essential required information regarding the proposed sanitary sewage collection / treatment / disposal system? This item merits submission of a full engineer's report and copies of all related communications, applications, etc., with the Health Department.
Neil Alexander, Attorney for the Applicant, stated his agreement with the Chairman this is a new application which supersedes all prior submissions to the Board by CSI concerning the project site.
Mitchell Markay stated the traffic pattern around the building seems difficult.
Mr. Casamento stated the required additional / modified information would be submitted to the Planning Board prior to the close of agenda for the December 15, 2008, Regular Meeting.
Arbor Ridge Senior Development - NYS Route 308 East - Site Plan.
The Chairman stated this Agenda item involves discussion of three issues identified by the Town Engineer (as set forth in Ron Evangelista's October 23, 2008, e-mail communication to the Chairman with copies to the Planning Board Secretary and the Town Building Inspector), the items being the timing of development and design of a "future parking area" and matters of fencing of the stormwater pond and the recreation area.
Chairman Trimble believes the Applicant may have violated their Approved Site Plan. Leonard. Angerame, Project Architect, stated no additional stone has been brought into the site. The future parking site is where the "site trailer" was placed so now the trailer has been removed and the stone has been moved around to allow for parking. Currently people attending the children's ball games are parking along the roadway and ruining the grass. At this time the parking area is not proposed to be asphalt. Mitchell Markay stated he was in favor of handling these issues as field changes. It was the consensus of the Board the items of concern by the Town Engineer can be handled as field changes with the concurrence of the Town Engineer and Planning Board Chairman.
Melodye Moore motioned and Sharon Sherrod seconded to authorize the Chairman and Morris Associates to handle these issues including the parking area, sections of guide rails, fencing around ball fields and fencing around detention pond in the manner they deem appropriate upon field observation and plan review as "field changes". All present were in favor. Motion carried.
ZBA, ZONING ADMINISTRATOR OR TOWN BOARD REFERRALS
None scheduled.
OTHER BUSINESS
The Chairman and the Board bid a fond farewell to Planning Board member Nicholas McCausland thanking him for his dedicated service for the past 16 years on the Planning Board.
ADJOURNMENT
With no further business before the Board, the Chairman accepted a motion from F. Woody Dierze' and seconded by Mitchell Markay to adjourn this meeting. The Chairman declared this meeting adjourned at 9:02 pm.
Respectfully submitted,
Joan Winne
Planning Board Secretary