PRESENT:     Michael Trimble, Chairman

Mitchell Markay

                        Melodye Moore

                        F. Woody Dierze'

                        John Varricchio

                        Sharon Sherrod

                        Art Brod, Planning Consultant

 

 

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 Agenda will stand as distributed and posted, with the addition of a Request for Time Extension in the matter of the Zietz Farm Subdivision.

 

• Minutes. Consideration of the Minutes of November 17, 2008, was deferred to the January 5, 2009, Regular Meeting.

 

• Correspondence and Other Announcements.

 

-          Hyde Park Planning Board - Cove View Estates Phase II - Primrose Hill Road - SEQRA NOI. 

 

The Chairman reported he responded with assistance from the Planning Consultant and on behalf of the Board to the Town of Hyde Park Planning Board's NOI to Serve as Lead Agency under SEQRA for Phase II of Cove View Estates, being the final build-out of the property with 9 single-family residential building lots to complement the single-family dwelling and 24 multiple dwelling units presently there.  A copy of the response dated December 10, 2008, has been provided to each member of the Planning Board.

 

-          Arbor Ridge Senior Development - NYS Route 308 East - Site Plan. 

 

The Chairman stated a field visit was conducted with project representatives and the Town Engineer to consider the fencing, guiderail and parking surfacing issues noted at the last meeting.  The Chairman stated with the concurrence of the Town Engineer and project representatives the guiderails will be installed, the stormwater basin will be fully fenced but split rail fencing of the recreational fields will not be required to wholly surround the fields, and the parking area for the athletic fields will be graded, gravel surfaced and landscaped.

 

 

REGULAR SESSION (OLD BUSINESS / PUBLIC HEARING ITEMS) 

 

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

 

The Chairman stated this Public Hearing is continued from the November 17, 2008, Planning Board meeting.

 

He reported on a discussion with Project Engineer Rodney Morrison on December 10, 2008, indicating an Agreement concerning access to this proposed two-building professional office complex has not yet been entered into by Stone Chapel Holdings, LLC, and the neighboring residential property owner.  That being the case, the Planning Board is not yet in a position to find the application complete and issue a Negative Declaration under SEQRA and absent such the ZBA will have to defer action on the requested Area Variance as to the number of required parking spaces.

 

Upon recommendation of the Chairman, a motion was made by Melodye Moore seconded by F. Woody Dierze' to continue this Public Hearing on January 5, 2009 at 6:35 pm.  All present were in favor.  Motion carried.

 

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

 

The Chairman stated this Public Hearing is continued from the November 17, 2008, Planning Board Meeting.  At this time the Zoning Board of Appeals has not yet acted on the request for Area Variance as to the non-complying side yard setback for the swimming pool that would otherwise occur upon the Planning Board's favorable consideration of the Espie's Application for Subdivision Plat Approval. 

 

Upon recommendation of the Chairman, a motion was made by F. Woody Dierze' seconded by Sharon Sherrod to continue this Public Hearing on January 5, 2009 at 6:40 pm.  All present were in favor.  Motion carried.

 

 

EXECUTIVE SESSION

 

Upon call of the Chairman, at 6:45 pm a motion was made by F. Woody Dierze' seconded by Melodye Moore to enter into executive session to discuss the Attorney/ Client privileged letter received from Pamela Richardson in response to the Planning Board's request of November 17, 2008, for examination of procedural issues raised by a neighboring property owner, Arthur Seelbinder, concerning the Koff Application.  All present were in favor.  Motion carried. 

 

At 6:50 pm the Chairman accepted a motion from Melodye Moore seconded by John Varricchio to resume the Regular Meeting.  All present were in favor.  Motion carried.

 

 

 

 

 

CONTINUATION OF REGULAR SESSION (OLD BUSINESS / PUBLIC HEARING ITEMS)

 

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

 

The Chairman stated this Agenda item involves the continuation from October 6^th and November 17^th of the Public Hearing on the June 6, 2008, Application by William Koff (through Susan Koff as Power of Attorney) for Subdivision Plat Approval to authorize the Re-Subdivision of Filed Map No. 5837A so as to cause the merger of former Lots 1 and 2 into a 24.33-acre lot, the division of former 20.00-acre Lot 3 into Lot 3A (14.963 acres) and Lot 3B (5.037 acres) and the maintenance of Lot 4 (6.555 acres) as presently configured though no longer encumbered by a common driveway, all being in the R5A and Hudson River National Historic Landmark Districts and the Local Waterfront Revitalization Area and as depicted on a Surveyor's Map entitled ‘Re-Subdivision of Filed Map 5837' prepared by J. Charles Boolukus, LLS, and revised to May 24, 2008, and otherwise described in accompanying documentation including but not limited to an engineer's opinion letter revised to May 14, 2008, concerning suitability for on-site sanitary sewage disposal, a Full EAF Part I certified by Kenneth Casamento of the LRC Group as agent on May 14, 2008, and a Cultural Resources Study by Dr. Joseph Diamond of the second development envelope, that being for proposed Lot 3B, within what is currently Lot 3.

 

The Chairman reported the thirty (30) calendar day SEQRA response period has expired and there has been no indication of no objection to this Board's serving as Lead Agency.  After the previous meeting

 

The Chairman noted that at the last Planning Board Meeting Arthur Seelbinder submitted a letter stating concern this Application is not allowed due to the previous subdivision.  Mr. Seelbinder's letter was forwarded to the Town Attorney for review and comment.  That comment has been received and the response stated the opinion the Board is proceeding correctly by treating this application as an entirely new application; going through the entire process is the correct course of action. 

 

Meg Crawford, Chair of the Town's CAC, stated the Waterfront Advisory Committee (WAC) still stands by their recommendations under the Town's LWRP; the vista on Ryan Road needs to be protected.  Sharon Sherrod stated the Hudsonia Biodiversity Study shows several streams crossing all four parcels that should be protected.  Chairman Trimble stated this Board is restricted at this time to review to the two parcels involved in this application being proposed Lots 3A and 3B. 

 

Ken Casamento, applicant representative from LRC Group, stated the application is moving the disturbance area's further away from the stream.  Mitchell Markay stated Article 24A of the LWRP doesn't specifically talk about roads; but about vistas; construction on Lots 3A & 3B may impair the vista.  Mr. Markay stated that perhaps the earlier application was less consistent with the LWRP.  John Varricchio stated the LWRP was not in effect at the time of the Planning Board's review of the previously approved subdivision.  Melodye Moore and F. Woody Dierze' stated they had no further comments or questions involving the WAC recommendations as pertain to the LWRP.  Sharon Sherrod questioned if stone walls are present on the property.  Mr. Casamento stated there are no stone walls within the area of proposed Lots 3A and 3B.  Neil Alexander, the applicant's attorney, stated the Board must be consistent with own prior rulings. 

 

Gloria Fox, CAC member, stated regardless of its lack of formal scenic designation Ryan Road is still one of the most beautiful roads in Rhinebeck and needs to be protected.  Mitchell Markay questioned if the CAC found siting the houses on River Road more acceptable?  Ms. Fox stated she was not sure of the CAC's position on siting the housing on River Road.  Neil Alexander stated River Road is a designated scenic road;  Ryan Road is not.  Pat Garther stated the neighbors do no want any additional houses on River Road; they were not against the initial subdivision but are completely against this new additional subdivision.  Ms. Garther questioned what will keep the applicant from coming back for further subdivision. Michael Trimble stated the Applicant has a conservation easement on Lots 1 and 2 and under the current Zoning Laws no additional subdivision could happen on this property on River Road.  Mitchell Markay stated he is concerned with the view shed coming from the Village.  Ms. Garther asked if this application could be treated as a new subdivision so all of the people who walk on Ryan Road could come and voice their opinion.  Chairman Trimble stated this Application has been in open public hearing for several meetings.  Neil Alexander stated the building envelopes are exactly the same size and number as previously proposed, and one has been shifted further away from the wetlands. 

 

Chairman Trimble questioned the Board if they were prepared to move forward; to make a determination of significance under SEQRA.  Mitchell Markay questioned what happens if the LWRP is not followed.  Michael Trimble stated if the Board finds sufficient grounds for ignoring the LWRP with adequate mitigation nothing will happen; if the LWRP is simply ignored the Town will lose the benefits attached to the LWRP.  F. Woody Dierze' questioned if the Board can't make a decision tonight is there anything that can keep this application moving forward.  Chairman Trimble stated the Board needs the LWRP determination as part of its SEQRA consideration.  Mitchell Markay stated the CAC is here to advise and help this Board and he is prepared to take their advice.  John Varricchio stated a common driveway should be required for Lots 3A and 3B.  Melodye Moore stated she is not ready to make this decision; it is important to get this right and the Board doesn't have full information on the matter of one curb cut vs. two.  F. Woody Dierze' stated this is technical information needed from the CAC and agrees with Melodye Moore.  Michael Trimble directed the Applicant to show a common driveway layout for proposed Lots 3A and 3B the Board to review. 

 

Susan Koff stated this area is heavily forested with restrictions; there is no view of the Hudson River from Ryan Road.  When the leaves are off the trees you will see houses.  Mrs. Koff further stated she doesn't feel one driveway would be safe.  Neil Alexander stated a single curb cut would need to be wider.  F. Woody Dierze' stated he would like the CAC to appear and make a presentation.  Meg Crawford stated the CAC would be willing to walk the property.  Neil Alexander questioned the Board's authority to change from its previous Negative Declaration simply because of the adoption of the LWRP.  Michael Trimble stated the Board can and will continue to take the time necessary to properly review the application and reminded Mr. Alexander that the present Application for Re-Subdivision was not the subject of the previous Negative Declaration.  At this time the Board has requested clarification from the CAC.  Meg Crawford stated walking the site may cause a modified position to be taken but without walking the site the CAC must stand by its stated concerns.  Michael Trimble stated it is the applicant's right to refuse entry to the property.  John Varricchio stated moving the house from River Road to Ryan Road is a plus; Mr. Varrichio further stated he views common driveways are favorable and believes the Planning Board would be derelict in its duty if the Board didn't pursue this avenue.

 

The Chairman stated additional information must be submitted by the Applicant prior to December 29, 2008 for consideration at the January 5, 2009 meeting. That being the case, a motion by Melodye Moore seconded by Woody Dierze' to continue this Public Hearing on January 5, 2009 at 6:45 pm.  All present were in favor.  Motion Carried.

 

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

 

The Chairman opened this Public Hearing and stated this Application involves continuation from August 4, September 9 and November 17, 2008, 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 Chairman stated it is his understanding the Applicant has retained a second Project Engineer to respond to the comments set forth by the Town Engineer on November 17, 2008 and therefore the Applicant requested to not be in attendance for this meeting.   

 

The Chairman read the following letter received from Ira & Kathryn Licht owners of Pet Country dated December 15, 2008:

 

"The focus of our attention to the proposed Washington St. Partners Inc. development project is not only to the design and environmental challenges posed, but is also concerned with the economic impact of the anchor tenant, Tractor Supply Co. on the local business community.  With the general economy already stressed and commercial vacancies on the rise, the question still remains, is this the right time and is Rhinebeck the right place for a Big Box store like Tractor Supply Co to open.

 

Communities throughout this country have been struggling wit the implications and impact of the national chain retailer on the local business community.  National studies have shown that Big Box chain stores often succeed at the expense of the existing local businesses.  Through aggressive predatory retail practices and overwhelming buying power, a national chain like Tractor Supply Co. can put local independent retailers at a distinct financial disadvantage and ultimately threaten their livelihood.  TI has also been shown that a smaller percentage of money spent in these national stores remain in the communities they operate in.  Often the money is drawn away from the local communities and funneled back to a centralized headquarters.  Studies summarized that local businesses are the backbone of the local economy.  Local owners live in the places they do business and are more committed to the economic health and stability of their community.  Local store owners keep their profits within the local economy by supporting other local businesses and spread it throughout the community.  Independent stores create a sense of community identity. They reflect the local character and are more attuned to the needs of the community.  Communities throughout the country are adopting strategies to deal with the invasion of the Big Box store into the local business landscape.  Planning and zoning guide lines are being adopted to ensure development meets the needs and maintains the character of the local community.  Many towns have place restriction on the size of new businesses and have barred the standardized look of certain formula businesses. 

 

A number of communities now require new retail development undergo special review.  Criteria may include impact on the environment, historic preservation, traffic, the local economy and community character as well as the ability to attract new customers to the benefit of surrounding merchants.  Ideally we would hope to see an anchor tenant that would contribute to the character and economy of the local area.  However a store such as Tractor Supply Co. would take away from the established independent businesses already serving the area.  The survival and success of businesses in the Northern Dutchess community should be seriously considered when community planners consider the addition of a Big Box store to the local landscape.  It is far too important not to explore every aspect of making such a decision.

 

We respectfully request the Rhinebeck Planning Board have an independent economic impact study be required and financed by the applicant before a final approval be granted.  We encourage members of the Board who are not familiar with Tractor Supply Co to visit any of their local area stores to get a first hand perspective of that business.  We have also included for your review some additional background information which summarizes and supports our concerns."

 

Ira Licht asked if this request for an economic impact study at the expense of the applicant will be entertained.  Chairman Trimble stated the Planning Board would need to do some research concerning this request.  Art Brod stated he will investigate and report to the Board. 

 

Ed Russell stated the Hudson & Highland Tractor Supply Co. stores employ local residents and give back to the community such as 4-H financial support.  F. Woody Dierze' stated that while he is sympathetic to the local business the Board must take the economics of a local empty store into consideration also.  Mitchell Markay questioned if the square footage is in excess of what is allowed under the Town's Zoning Law.  Chairman Trimble stated this is not the case and that the Board members have received copies of a memo from Jack Maasz stating the outdoor display area is not included in the square footage and therefore the proposed square feet of retail area within the shopping center is allowed.

 

Art Brod stated the agenda for the January 5, 2008 meeting closed today; therefore the Board should continue the Public Hearing on this Application to not earlier than the February meeting. 

 

The Chairman accepted a motion from Sharon Sherrod seconded by F. Woody Dierze' to tentatively schedule continuation of this Public Hearing on February 2, 2008 at 6:35 pm provided the Applicant submits documentation addressing the Town Engineer's comments of November 17, 2008 prior to January 12, 2009.  All present were in favor.   Motion carried.

 

CSI Developers, LLC - Route 9G North - Special Use Permit and Site Plan.

 

The Chairman stated this Agenda item involves continuation of 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.

 

Upon recommendation of the Planning Consultant, the Chairman read the below draft procedural resolution, limited to initiation of SEQRA compliance, for the Planning Board's consideration:

 

"The Town of Rhinebeck Planning Board hereby acts as follows on the 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 and within the Town's Local Waterfront Revitalization Area, the proposed development as depicted in a set of 8 Civil Drawings by LRC Group (Rodney Morrison, P.E.) and Architectural Drawings prepared by Warren Temple Smith Architects and as otherwise described within a Full EAF Part I certified by Kenneth Casamento of the LRC Group on November 24, 2008, and in a copy of a submission concerning intended on-site sanitary sewage arrangements dated November 24, 2008, and subsequently made to the Dutchess County Health Department:

 

Accepts the submitted information as adequate for initiating the environmental review process through the Planning Board's issuance of a Notice of Intent to Serve as Lead Agency under SEQRA for coordinated environmental quality review of the Proposed Action, an ‘Unlisted Action' and directs the Clerk with the assistance of the Town's Planning Consultant to issue said NOI with supporting information including the Full EAF, Existing Conditions Plan (EX-1), and Site Plan (Drawing SP-1) to all other involved and/or interested agencies, including the U.S. Army Corps of Engineers, the NYSDEC,  the NYSDOS Coastal Management Program, the NYSOPRHP, the NYSDOT, the Dutchess County Health Department, the Dutchess County Department of Planning and Development, the Town of Rhinebeck Waterfront Advisory Committee, the Town of Rhinebeck Conservation Advisory Council and the Town of Rhinebeck Building Department, not later than December 29, 2008, so as to begin the 30 calendar day ‘time clock' for response not later than said date."

 

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

 

.

REGULAR SESSION (NEW BUSINESS)

 

Gina Mandel Packard - 6 Long Dock Road - Special Use Permit.

 

The Chairman stated this Agenda items involves the initial presentation of an Application for Special Use Permit for a Detached Accessory Dwelling Unit that would be created through conversion of an existing structure (built on the foundation of an old garage and once intended as an office-studio) on a 5.692-acre single-family residential premises at 6 Long Dock Road in the R-1A District.  The Application, represented by Warren Temple Smith, Architect, is accompanied by a Full EAF Part 1 and by both a Site Plan and a DCHD-approved Sanitary Facilities Plan prepared by David Rider, P.E.

 

This Application is represented by Warren Smith, PE.  Mr. Smith stated the work has been completed within the accessory structure but that a Certificate of Occupancy has not been received.  The property/applicant received an Area Variance from the ZBA in 2005.  John Varricchio questioned if the Area Variance has expired.  Art Brod stated the Zoning Law requires that work be carried out and use commenced within one year from the date of issuance of an Area Variance.  The Chairman stated in that the Applicant is relying upon an Area Variance granted in 2005 in making this Application the Planning Board would need a determination from the ZEO prior to scheduling the Public Hearing. 

 

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

 

"The Town of Rhinebeck Planning Board hereby acts as follows on the Application of Gina Mandel Packard for Special Use Permit pursuant to Town Zoning Law Section VI(B)(5) for a Detached Accessory Dwelling Unit that would be created through conversion of an existing structure (built on the foundation of an old garage and once intended as an office-studio) on a 5.692-acre single-family residential premises (TMP 16-6070-00-602296) at 6 Long Dock Road in the R-1A District and within the Town's Local Waterfront Revitalization Area, as depicted on a Site Plan by David Rider, P.E., and an Architectural Plan by Warren Temple Smith, Architect, and otherwise described within a Full EAF Part 1 certified by Mr. Smith and a DCHD-approved Sanitary Facilities Plan prepared by David Rider, P.E., and subject of an Area variance for maximum square footage granted by the ZBA on August 3, 2005:

 

1.      Accepts the Application as adequate for initiating Planning Board, consultant and public review with the provision however that the Area Variance issued in 2005 by the ZBA must either be determined by the Zoning Administrator upon request of the Planning Board for review to still be in effect or like Area Variance must be requested by the Applicant from and issued by the ZBA.

 

2.  Classifies the Proposed Action as a Type I Action under SEQRA due to its location within the Hudson River National Historic Landmarks District and directs the Clerk with the assistance of the Town's Planning Consultant to distribute an appropriate NOI to Serve as Lead Agency on behalf of the Planning Board to other potential involved and/or interested agencies.

 

3.      Should the Area Variance issued in 2005 be determined by the Zoning Administrator to still be in effect, schedules a Public Hearing on the Application for Monday, February 2, 2009, at 6:35 p.m. and directs the Clerk to provide timely notice thereof as required under the Town's Zoning Law, subject to a Variance from the Town's ZBA.

 

4.      Delegates Planning Board Members F. Woody Dierze', Mitchell Markay and a representative of the Town's CAC to conduct a field visit to the project site and report their observations at the time of Public Hearing.

 

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

 

6.      Refers the Application to the Town of Rhinebeck Waterfront Advisory Committee for a consistency report in the matter of the coastal policies set forth within the Town's Local Waterfront Revitalization Program (LWRP)."

 

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

 

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

 

Chairman Trimble stated Richard Hanback submitted a letter request on December 9, 2008, for time extension for satisfaction of conditions and requirements precedent to stamping and signing of the Final Subdivision Plat, such conditions having been established by the Planning Board on April 7, 2008, in its resolution concerning the Zietz Farm, Inc. Minor 2-Lot Subdivision.

 

Art Brod stated he finds no reason to recommend the Planning Board deny this request.

 

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

 

"The Town of Rhinebeck Planning Board, in response to a December 9, 2008, letter request by Richard P. Hanback, L.S., Agent, hereby extends for a final period of ninety (90) calendar days from January 2, 2009, to April 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 2-Lot Subdivision."

 

A motion was made by Sharon Sherrod seconded by John Varricchio to adopt the above stated resolution.  All present were in favor.  Motion carried.

 

 

ZBA, ZONING ADMINISTRATOR OR TOWN BOARD REFERRALS

 

The Chairman stated the Town Board has referred the Moratorium Extension proposal to the Planning Board.  The terms of the Moratorium will be unchanged except for the new expiration date of June 30, 2009. 

 

A motion was made by F. Woody Dierze' seconded by Melodye Moore to endorse the Town Board's adoption of Local Law No. __, 2008, which local law would extend to June 30, 2009, the termination date of the Town of Rhinebeck's present moratorium.

 

All present were in favor.  Motion carried.  

 

 

OTHER BUSINESS

 

Chairman Trimble stated this is the final Planning Board meeting for Jack Varricchio who has decided to not seek are-appointment and retire from the Board. Michael applauded Jack for serving the community as a continuous member of the Board for 35 years and in recent years its Chairman.  Michael thanked Jack for his time, dedication and leadership, stating his input will be missed.  Congratulations, thanks and best wishes were extended to Jack universally from around the Planning Board table and from members of the public who were in the audience.

 

 

ADJOURNMENT

 

With no further business before this Board, the Chairman accepted a motion from F. Woody Dierze' seconded by Meldoye Moore to adjourn this meeting.  The Chairman declared this meeting adjourned at 8:55 pm.

 

 

Respectfully submitted,

 

 

Joan Winne

Planning Board Secretary