DRAFT
(Subject to correction and final approval)
Town of Red Hook
Planning Board
Meeting Minutes
April 19, 2004
CALL TO ORDER/DETERMINATION OF QUORUM
The meeting was opened at 7:35 p.m. by Chair Paul Thomas and a quorum
determined present for the conduct of business.
Members present—Christine Kane, Mary Lou Muirhead, Sam Phelan, Paul Telesca,
David Wright and Chair Paul Thomas. John Hardeman was absent. Also present
were consultant Art Brod, Town engineer Dan Wheeler and Town Board liaison Jim
Ross.
BUSINESS SESSION
The minutes of the April 5, 2004 meeting had been sent to the Board members
and reviewed. Sam Phelan made a motion to accept the minutes. The motion was
seconded by Mary Lou Muirhead, and all the members present were in favor.
The Board discussed its response to a Notice of Intent to Serve as Lead Agency
under SEQRA which was sent by the Village of Red Hook Planning Board. The
Village Planning Board is considering sketch plans for the development of a
low income senior housing facility called Red Hook Commons located on South
Broadway. The Board agreed by consensus that the Chair should respond with a
letter agreeing that the Village Planning Board is the appropriate lead agency
for the project and requesting to be kept informed of its progress.
The Chair said that the Town Board had read into its minutes a report
regarding Ken Anderson’s agreement to defer Planning Board action on his
subdivision sketch plan for ninety (90) days while the County Planning Board
works up some possible comprehensive development plans for the southeast
quadrant of the Town. Mr. Anderson agreed to this deferral at the April 5,
2004 Town Planning Board meeting. The Chair also reported that he had sent a
letter to Roger Akeley, Head of the Dutchess County Department of Planning and
Development, underscoring the importance of incorporating the Town’s Important
Farmlands regulations into any comprehensive plan the County Planning
Department may develop and asking Mr. Akeley to designate a contact person who
would keep the Town and Mr. Anderson up to date with the County’s progress.
Sam Phelan wanted to make sure the Board understood that it had to make a
decision about Mr. Anderson’s sketch plan application in July, with or without
a workable County plan.
The Chair reported on his efforts to involve the Village of Red Hook in the
discussion of this comprehensive plan. In March, he sent a letter to Mayor
Cohen about Mr. Anderson’s proposed subdivision and the Town’s proposed bypass
road, and last week he discussed Mr. Akeley’s offer of County Planning Board
assistance with Jay Trapp, Chair of the Village Planning Board. The Chair
hopes he has made it clear that the Town welcomes input from Village agencies
during all stages of development of such a plan.
The Chair said that he had deferred a Keene & Beane presentation on Important
Farmlands regulations until May. Keene & Beane is working on amendments to
clarify the regulations and correct the overlays, and the Chair would like the
presentation to focus on the new regulations not the current ones which may
soon be outdated. He has invited the entire Agricultural Advisory Committee to
attend this presentation.
Sam Phelan said that he has attended two of the Red Hook Town Working Group
public meetings, and he urged Board members to attend the third and final
meeting on Saturday, May 15, 2004.
PUBLIC HEARINGS
Gino Salvatico – 8299 NYS Route 9 at Scism Road –Special Use Permit
This public hearing was scheduled to take place at 7:35 p.m. Since the
applicant was not present at the appointed time, the Planning Board proceeded
to the next matter with the expectation of opening Mr. Salvatico’s hearing
later in the meeting.
Linden Farms and Thomas & Rita Dee – West Kerley Corners Road – Subdivision
Plat Approval/ Lot Line Alteration
Frank Migliorelli and Mark Graminski, L.S. and
P.E.,authorized agent, were present to represent an application for
Subdivision Plat Approval/ Lot Line Alteration to correct a 0.75-acre deed
overlap between Linden Farms and property owned by the Dees located in RD3 and
Certified Agricultural Districts.
The Chair read the Public Hearing Notice that appeared on April 13, 2004 in
the Kingston Daily Freeman.
Mark Graminski explained that the deed overlap was discovered during
preparations by Scenic Hudson to acquire the development rights of the Linden
Farms parcel. He said that the proposed new boundaries had been approved by
both parties and that both parties were eager to finalize this lot line
alteration so that the Linden Farms application to Scenic Hudson could
proceed. Mr. Graminski produced copies of the consolidation deeds and said
that copies would be filed with the County Clerk.
There were no comments from the public.
The Chair then closed the public hearing.
REGULAR SESSION (OLD BUSINESS)
Linden Farms and Thomas & Rita Dee – West Kerley Corners Road –Subdivision
Plat Approval/ Lot Line Alteration
The Chair read the short EAF part 1 and, with input from the Board, completed
Part 2. Since the proposal had received a favorable response from the
Agricultural Advisory Committee, the Chair then summarized an offered
resolution granting Conditional Approval to the Subdivision Plat/ Lot Line
Alteration.
Mary Lou Muirhead made a motion to adopt the offered resolution. David Wright
seconded the motion, and all members present were in favor. A copy of the
resolution is attached to, and made part of, these minutes.
Common Fire Foundation – West Kerley Corners Road (CR 78) – Minor
Subdivision Sketch Plan
Mark Graminski, L.S. and P.E., authorized
agent, appeared before the Board, which at its April 5, 2004 meeting had
conceptually endorsed the Common Fire Foundation’s sketch plan for a Minor
Three (3) Lot Subdivision from a 52-acre parcel on West Kerley Corners Road in
the RD3 District.
Mr. Graminski had no new submissions for the Board and requested that the
Board now formally endorse the previously submitted sketch plan with its
delineated conservation easement and building envelopes.
David Wright made a motion to adopt the following offered resolution. Sam
Phelan seconded the motion, and all members present voted in favor.
The Town of Red Hook Planning Board hereby acts as follows on the Application
by Common Fire Foundation for Sketch Plan Endorsement for the creation of
three (3) residential building lots served by a common driveway and ranging
from 5.9 acres to 37.6 acres from a 52-acre parcel on West Kerley Corners Road
in the RD3 District, as depicted on a Sketch Plan prepared by Mark Graminski,
P.E. and L.S., and dated February 16, 2004:
1. In consideration of its own review and input provided by the Town’s
Agricultural Advisory Committee, endorses the Sketch Plan and authorizes
submission of an Application for Subdivision Plat Approval subject to the
following:
2. Classifies the proposed subdivision as a
‘Minor 3-Lot Subdivision’ under the Town’s Land Subdivision Regulations and
the Proposed Action as an ‘Unlisted Action’ under SEQRA.
Mr. Graminski agreed with the Board that he now must seek the appropriate
permits from the stipulated State and County agencies.
Stephen Buscarino/ Lisa Racano (Kidz Kare Day Care) -- NYS 9G and West
Kerley Corners Rd – Site Plan and Special Use Permit
Stephen Buscarino, Lisa Racano, Marie Welch, L.S. and Tim Ross, P.E., appeared
before the Board to represent the applications for Site Plan Approval and
Special Use Permit to authorize development and occupancy of an 80-child Day
Care Center, pursuant to an Area Variance granted by the ZBA on February 12,
2004, on a 3.36-acre parcel in the RD3 District. Mr. Buscarino and Ms. Racano
had distributed a business narrative, site plan and technical plans to each
Board member at the April 5, 2004 meeting, and the Board had agreed by
consensus to delay discussion of those handouts until the current meeting.
The Chair suggested that the Board hear first from Dan Wheeler, Town Engineer,
who had reviewed the technical plans and was asked to give a report. His
report brought up several inconsistencies and a lack of numerous specific
details in the engineering plans. He added that there was no soils map
included in the package. He also had a major concern about the lighting plan.
He said the standard number of foot candles for exterior lighting is between
two (2) and five (5). The foot candles in this plan ranged from zero (0) to
nearly sixteen (16). Moreover, there in one schematic, the poles are shown to
be twelve (12) feet high; in the other, they are shown to be twenty (20) feet
high. In addition, Mr. Wheeler was concerned about the sewage disposal system
shown to lie beneath the playground and also about the groundwater runoff plan
as depicted in the engineering plan.
The Chair then asked Planning Consultant Art Brod to give his technical
review. Mr. Brod concurred with Mr. Wheeler’s comments and added that although
the submissions for the project were moving in the right direction, more
details were needed. He also agreed with Mr. Wheeler that the lighting
depicted in the submitted plan was excessive. He questioned whether the
signage was consistent with Town setback regulations and whether the scheduled
removal of vegetation for the installation of a septic system for the
residence to the north would remove trees that provide a visual buffer in the
site plan. He cited numerous errors and unanswered questions in the submitted
EAF Part 1. In addition there were inconsistencies between the renderings of
the proposed building and the building as depicted on the site plan. There
were also certain violations of the zoning laws regarding the distance of the
dumpster from the building and the distance of the access driveway from the
residential lot line. Mr. Brod added that the applicants must submit building
elevations, not just renderings
Mr. Brod asked if the applicants had contacted the New York State Office of
Parks and Recreation. He said that they need to have a letter from that Office
stating that the project will pose no potential cultural or archeological
impact.
The Board discussed the advisability of including in the project team a
landscape architect or at the very least someone from a local nursery to
recommend a landscape plan. Christine Kane commented that attractive
landscaping will often make a project more acceptable to the community. Mr.
Brod said that the landscaping shown in the renderings does not appear on the
site plan.
The Chair asked if the topographic rise in elevation at the site would be
leveled to any extent. Tim Ross answered that no, the rise would remain.
Mary Lou Muirhead asked what time the facility’s lights would be turned off.
Mr. Buscarino answered that after closing time at 6:30 p.m., only the security
lights would be left on.
The Chair asked Mr. Wheeler about the impact of the business on automobile
traffic along NYS Rte. 9G and at the intersection with West Kerley Corners
Road. Mr. Wheeler said that there were sure to be periods of high traffic
volume that coincided with peak child drop-off and pickup times. The Chair
asked if the Planning Board should ask the New York State Department of
Transportation to look at the project. Mr. Wheeler answered that traditionally
the DOT would review the situation when the applicant applied for a highway
work permit but that he would ask to make certain. Christine Kane wondered
whether the potential traffic congestion created by parents turning left into
and out of the facility would be something DOT should look at sooner rather
than later. Mr. Wheeler will speak to DOT and report back to the Board.
Mr. Brod asked if a Day Care Center would be eligible for school-related
“caution” signage. Mr. Wheeler will ask DOT.
The Chair asked whether the applicants should submit a letter stating that the
building design will meet state requirements for a Day Care Center. Ms. Racano
said she had consulted with state officials during the design process and had
shown them the final plans, but she said it is not state policy to sign off on
a building before it is finished. Mr. Ross said that he will write a letter
stating that the building, when built, will meet state requirements.
The Chair asked whether the Area Variance granted by the ZBA was the correct
vehicle to increase the maximum number of children served from 40 to 80. He
asked whether a Use Variance could have been implemented. Mr. Brod said that
the Town of Red Hook has often used the Area Variance in this type of
situation. Ms. Racano said that the Zoning Enforcement office directed her to
the Area Variance. Mr. Ross added that the zoning code does not say that a
Child Care Center can serve 40 children per a certain number of square feet of
land; the zoning code says that a Child Care Center can serve up to 40
children regardless of the acreage of the parcel. Therefore, Mr. Ross said,
the applicants needed an Area Variance to increase the number of children
served. Mr. Brod said that many municipalities would not have used an Area
Variance. In this case, he said, the Area Variance authorized up to 80
children for the facility. If it is demonstrated that the building needed for
that many children would be too big for the parcel of land, the Planning Board
can require the building to be scaled back. The Planning Board has
jurisdiction over the building and its effect on its surroundings.
Mr. Ross requested that he be able to submit a soils map as a separate
overlay. Mr. Wheeler agreed.
Mr. Ross referred to Mr. Brod’s concern over the removal of vegetation during
the installation of a replacement septic system for a residence to the north
of the proposed facility. Mr. Ross said that replacement of the septic system
is not a certainty, just a possibility Mr. Brod said that in that case it
should be labeled “reserved” on the sketch plan.
Christine Kane raised a concern about the play area located over the septic
system. Mr. Ross said he would get a letter from the Board of Health stating
that this combination is permitted.
Mr. Wheeler said that the water supply, which would come from the Village of
Tivoli, would be adequate for the facility.
Christine Kane asked if the facility would impact any of the Village wells.
Ms. Welch answered no.
The Board determined by consensus to set a public hearing for May 3, 2004. The
hearing will open on that date but cannot close the same night since the
thirty (30) day limit for agency responses to the Notice of Intent to Serve as
Lead Agency for SEQRA Review will not have expired.
Eugene & Marhta Vos and Lisa Herman – Lasher Road—Subdivision/ Lot Line
Alteration Sketch Plan
Eugene and Martha Vos appeared before the Board with an application for a
Minor Subdivision/ Lot Line Alteration between parcels at 151 and 175 Lasher
Road in the RD3 District.
Mrs. Vos explained that the owners of both parcels are in favor of an exchange
of property, as denoted on the sketch plan. She said that Town zoning setback
requirements have changed over the years, and the Voses would like more land
on the front part of their lot.
The Chair said that the Board could not set a public hearing date until the
parties submit a survey prepared by a professional. Mrs. Vos said that the
survey was almost complete and that she would submit it by the end of the
week.
The Chair summarized the following offered resolution granting sketch plan
endorsement. Sam Phelan made a motion to adopt the resolution. Mary Lou
Muirhead seconded the motion, and all members present were in favor.
The Town of Red Hook hereby acts as follows on the an April 6, 2004, Request
by Eugene Vos and Lisa Herman for Subdivision Plat Approval to authorize an
intended aggregate 2.06-acre Lot Line Alteration involving their properties at
151 and 175 Lasher Road in the RD3 District, with the intended lot line
alteration depicted on an accompanying sketch map and property description by
Robert Zimmerman, L.S.:
1. Endorses the Sketch Plan and authorizes submission of an Application for
Subdivision Plat Approval including the required Survey Map.
2. Classifies the proposed subdivision as a “Minor Subdivision / Lot Line
Alteration’ under the Town’s Land Subdivision Regulations and the proposed
action as an ‘Unlisted Action’ under SEQRA.
3. Advises the Applicant that the recording of consolidation, or merger, deeds
in the Dutchess County Clerk’s Office will be required upon filing of the
Subdivision Plat and transfer of the annexation lands, with it further
required that drafts of such deeds be submitted to the Planning Board prior to
the Chair’s stamping and signing of the Subdivision Plat.
Bard College/Robbins Dorm Addition—Robbins Road –update
Peter Reynolds and Robin Androtti of Ashokan Architecture were present to
explain recent changes made in the plans for the Robbins Dormitory Addition
with an associated parking lot on Robbins Road on the Bard Campus in the
Institutional (I) District.
Mr. Reynolds said that although the College had extended its timetable by
several months and was now aiming for completion in April, 2006, it was still
determined to move the project forward in a timely fashion.
Using comparative site plans, Mr. Reynolds said that the new footprint for the
addition was fifteen percent (15%) smaller than that shown on the previous
submission. The number of beds had been reduced from 205 to 165, and some of
the conference space had been removed. The profile shown in the new drawings
is lower, and the parking lot size has been reduced by one half, to
accommodate 82 cars.
Mr. Reynolds said that the archeology survey has yet not been completed.
Referring to a letter from the New York State Office of Parks, Recreation and
Historic Preservation which expressed concern that the new addition would
detract from the historic character of the older building, Mr. Reynolds said
that the old building was of no architectural significance and that the
planned facelift and balanced addition would enhance the building. He said
that the architects had looked to nearby Ward Manor for architectural detail
and that when the planned facelift and addition were finished, the two
buildings would be linked together visually. Both buildings will reflect the
mixture of Dutch, English and Flemish Revival architecture apparent in Ward
Manor. Mr. Brod commented that since the Robbins addition does not rely on
Federal or State funds, the project does not need a sign-off letter from the
Office of Parks, Recreation and Historic Preservation.
Mr. Reynolds said that he plans to return to Bard in about a month with new
submissions, and he would like the Planning Board to move ahead and set a
Public Hearing at that time.
Gino Salvatico – 8299 NYS Route 9 at Scism Road – Special Use Permit
Having waited throughout the evening for the Applicant’s appearance, the Chair
opened the Public Hearing on the Salvatico Application for Special Use Permit
and determined that neither the Applicant nor any parties interested in this
matter were present. The Planning Board members concurred with his suggestion
that the Public Hearing be continued to Monday, May 3, 2004 at 7:40 p.m. and
that Mr. Salvatico be notified that his presence, either in person or by
agent, is required.
Adjournment
Upon being advised by the Chair that there was no further business to come
before the Board, Mary Lou Muirhead made a motion to adjourn. David Wright
seconded the motion, and all members were in favor. The Chair adjourned the
meeting at 9:30 p.m.
Respectfully submitted,
Paula Schoonmaker
Assistant Clerk to the Planning Board
Annexed Attachments
Resolution granting Conditional Plat Approval in the matter of the Linden
Farms/ Thomas & Rita Dee Lot Line Alteration
Town of Red Hook Planning Board
Resolution Granting Conditional Final Plat Approval in the matter of the
Application by Linden Farms and Thomas and Rita Dee for a Minor Subdivision/
Lot Line Alteration on parcels located on Linden Avenue, Pitcher Lane and West
Kerley Corners Road in RD3 and Certified Agricultural Districts
April 19, 2004
Motion made by Mary Lou Muirhead
Seconded by David Wright
The Town of Red Hook Planning Board hereby acts as follows on the March 22,
2004, Application by Mark Graminski, P.E. and L.S., as agent for Linden Farms
and Thomas & Rita Dee, for Subdivision Plat Approval for a combined 0.75-acre
Lot Line Alteration to correct a deed overlap involving their combined parcels
totaling 265.325 acres in the RD3 and Certified Agricultural Districts, all as
depicted on a Survey Map entitled ‘Proposed Lot Line Alteration for Linden
Farms, Lands of Frank A. Migliorelli and Salvatore J. Leone and Lands of
Thomas A. Dee and Rita S. Dee’ prepared by Mr. Graminski and dated March 22,
2004:
1. Determines upon review of the Part 1 EAF, completion of EAF Part 2 and
consideration of the ‘criteria for determining significance’ set forth at
Title 6 Part 617.7.c NYCRR the Proposed Action, an ‘Unlisted Action’ under
SEQRA, will cause no potential significant adverse effects on the environment
and, thus, issues a Negative Declaration deeming an environmental impact
statement to not be required.
2. Approves the Application for Subdivision Plat Approval and authorizes the
Chair to stamp and sign the Subdivision Plat upon the Applicant’s satisfaction
of the below conditions and requirements within the next one hundred eighty
(180) calendar days:
Roll Call
John Hardeman absent
Christine Kane yes
Mary Lou Muirhead yes
Sam Phelan yes
Paul Telesca yes
David Wright yes
Paul Thomas, Chair yes
Motion Approved
Resolution Certified, Filed with Town Clerk and Mailed to the Applicant
_______________________________ _________________
Paula Schoonmaker, Asst. Clerk Date