draft
Town of Red Hook Planning Board
Meeting Minutes
August 16, 2004
CALL TO ORDER/
DETERMINATION OF QUORUM
The meeting was opened at 7:38 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 Planning Consultant Art Brod and Town Board liaison Jim Ross.
BUSINESS SESSION
The Board confirmed its next meeting for Wednesday, September 8, 2004,
rescheduled because of the Labor Day holiday.
The minutes of the July 12, 2004 meeting had been sent to the Board members
and reviewed. Mary Lou Muirhead made a motion to accept those minutes. The
motion was seconded by Christine Kane, and all members who had been present at
that meeting were in favor. David Wright and Paul Telesca abstained.
The minutes of the August 2, 2004 had also been sent to the Board members and
reviewed. Mary Lou Muirhead made a motion to accept the minutes. The motion
was seconded by Sam Phelan, and all members who had been present at that
meeting were in favor. David Wright and Chair Paul Thomas abstained.
The Chair read a response by Zoning Enforcement Officer Bob Fennell to the
Board’s request for clarification on whether Board of Health approval must be
in place before a building permit is issued. The Board agreed by consensus
that a building permit should not be issued for a parcel for which subdivision
application has been made while that application is being considered by the
Board.
PUBLIC HEARINGS
Three Pond Farm, LLC (Allan and Ronnie Streichler) – 72 South Road – Special
Use Permit
Ronnie Streichler appeared before the Board in support of her application for
a Special Permit to authorize construction of a new farm building with first
level storage and a second level 3-bedroom apartment intended for occupancy by
a farm employee in the RD3 and Certified Agricultural Districts.
The Chair read the public hearing notice that appeared in the Kingston Daily
Freeman on August 10, 2004. He then opened hearing for public comment. There
were no comments.
The Chair then read the response to a referral of the project to the Dutchess
County Office of Planning and Development. There were no County concerns.
Ms. Streichler said that she had changed the second level from a 3- to a
2-bedroom apartment. She also understood that she must have Board of Health
approval before a Building Permit can be issued.
The Chair read the EAF part 1 and, with input from the Board, completed Part
2.
Mary Lou Muirhead made a motion to adopt an offered resolution granting
conditional approval for the Special Permit. Paul Telesca seconded the motion,
and all members present were in favor. A copy of the resolution is attached
to, and made part of, these minutes.
OAOA, LLC (Sam and Arlene Harkins) – NYS Route 308 – Subdivision Plat/ Lot
Line Alteration
Sam and Arlene Harkins appeared before the Board in support of their
application to effect a 0.491-acre lot line alteration between Lots 5 and 6 of
the OAOA Subdivision, as approved by the Planning Board late last year.
The Chair read the public hearing notice that appeared in the Kingston Daily
Freeman on August 10, 2004. He then opened the hearing for public comment.
Robert McKeon, Chairman of the Agricultural Advisory Committee, said that
while the matter had been properly referred, the Committee had not been given
enough time to review the proposal. He asked that in the future the Committee
be given at least thirty (30) days to respond. He also said that the Committee
would like to review any plans for future development of these lots.
The Planning Consultant said that after the proposed adjustment, both lots
would be in compliance with both zoning and flood plain “dry land”
requirements.
Since there were no further comments, the Chair closed the public hearing.
The Chair read the EAF part 1 and, with input from the Board, completed Part
2.
Mary Lou Muirhead made a motion to adopt an offered resolution granting
conditional final subdivision plat approval. 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.
Richard Wyant – 8021 NYS Route 9 – Special Use Permit and Subdivision/ Lot
Line Alteration
Richard Wyant and Marie Welch, L.S., appeared before the Board in support of
Mr. Wyant’s application for a Special Permit to authorize construction of a
residential dwelling and accessory garage within one hundred feet (100’) of
NYSDEC Freshwater Wetland CM-25 on a 7.485-acre parcel in the RD 3 District.
Mr. Wyant was also concurrently asking for approval of a Lot Line Alteration
with his adjoining NYS Route 9 frontage lot so as to create frontage for the
residential building site. The NYS Route 9 frontage lot was in the B1
District.
The Chair read the public hearing notice that appeared August 10, 2004 in the
Kingston Daily Freeman.
Marie Welch explained both applications.
The Planning Consultant said that the environmental issues involved in the
Special Permit application had been reviewed by the Department of
Environmental Conservation. In this case, he said, the DEC’s Order of Consent
was tantamount to a Wetlands Permit. In addition, the Dutchess County
Department of Health had approved the septic design and well placement on the
site.
The Chair opened the public hearing for comment on the application for Special
Permit.
Lorraine DeCarolis, NYS Rte. 9, said that she was in support of both of Mr.
Wyant’s applications.
The Chair read a letter of support from Drs. George and Cathy Michael, 8033
NYS Route 9. He then read a response from DCOPD which said that the County had
no concerns with the Special Permit.
Since there were no further comments on the application for Special Permit,
the Chair closed the public hearing.
The Chair then opened the public hearing on the application for Lot Line
Alteration. There were no comments from the public.
The Planning Consultant said that since the road frontage property was in the
B1 district, a setback of twenty (20) feet from the proposed new lot line and
an existing garage must be documented on the plat map. Ms. Welch agreed. This
documentation would be a condition of final approval.
There were no further comments on the application for Lot Line Alteration, and
the Chair closed the public hearing.
Sam Phelan was concerned that granting a permit allowing construction in a
wetland buffer after construction had actually taken place would set a
precedent. The Board went on record as opposing any retroactive permits of
this kind.
The Chair read the EAF part 1 and, with input from the Board, completed Part
2.
Sam Phelan made a motion to adopt an off