draft
Town of Red Hook Planning Board
Meeting Minutes
December 20, 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— John Hardeman, Christine Kane, Mary Lou Muirhead, Sam Phelan,
Paul Telesca, David Wright and Chair Paul Thomas. Planning Consultant Art Brod
was also present.
BUSINESS SESSION
The Chair confirmed the meeting agenda for the evening, and the Board
confirmed its next regular meeting for January 3, 2005.
The minutes of the December 6, 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 John Hardeman, and all members were in favor.
There were no public hearings.
REGULAR SESSION (OLD BUSINESS)
TGS Associates, Inc./ Hardscrabble Plaza – NYS Route 9 and Metzger Road –
Conceptual Site Plan
Todd Baright and Tom Cummings, P.E. appeared before the Board with a revised
plan for modifications and construction within Hardscrabble Plaza on NYS Route
9 in the B1 District. Mr. Baright said he had been working on the revisions
with Scenic Hudson and with John Clarke and Noela Hooper of the Dutchess
County Department of Planning and Development.
Mr. Baright said that the major change in the plan was the removal of the
proposed car wash and the addition of a proposed two story mixed-use building
to the east of the existing building. Mr. Baright described the mixed use
building as containing retail stores or offices and one handicapped-accessible
apartment on the first floor and probably nine (9) or ten (10) apartments on
the second floor. He said that the Town needs affordable housing and that this
building would be an efficient use of space. Parking would be located behind
the building, creating a village or neighborhood appearance. He realized that
establishing apartments would require a Special Use Permit.
He also said that in the revised plan, the large Plaza parking lot had been
moved approximately twenty (20) feet to the north, thereby lining it up more
directly with the exit, giving more room to the entrance and creating more
space for pedestrians, tables and landscaping.
Asked about possibly contaminating the large aquifer beneath the Plaza, Mr.
Cummings replied that the soil was very sandy and would act as an effective
filter.
Planning Consultant Art Brod brought up several points for the applicant to
consider. First, Mr. Baright must incorporate in his plan open space for the
apartment residents; second, he must develop suitable designs and locations
for the sewage disposal systems; and third, he must make sure there would be
an adequate stormwater drainage system. Finally, he warned that the sandy soil
might cause excessive percolation, which would threaten the aquifer. Mr.
Baright agreed that these concerns would be addressed.
Mr. Baright went on to say that Mr. Clarke was currently working on a plan for
the entire parcel but that he, Mr. Baright, would only make application for
the first stage of the development. Mr. Brod said that as this master plan was
being developed, the applicant should contact the Mid-Hudson Valley Federal
Credit Union, which may purchase the adjoining parcel.
Christine Kane praised the revised plan saying that Mr. Baright had greatly
improved the traffic flow and patio-type areas for pedestrians. She said that
green spaces and outdoor lighting for the apartment residents should be
incorporated in the plan.
The Board generally discussed the designs of both proposed buildings,
suggesting that the appearances could be more varied to give a sense of
“neighborhood”. The Board encouraged Mr. Baright to reconsider the proportion
of the second story windows shown in the mixed-use building and also to
consider breaks in the linear appearance of that building. Among the
suggestions were: including bay windows, the addition of overhangs or awnings
over the doors, a change of color, building material or clapboard direction in
the middle of the building, an arched “walk-through” in the middle of the
building, division of the roofline to create the appearance of two buildings,
and actually dividing the building into two sections connected by a breezeway.
Finally, Art Brod said that while the concept of shared parking works well in
an office/ residential situation, it is not as successful in a
retail/residential situation because both apartment residents and shoppers
would be vying for spaces on Saturdays and Sundays.
At the applicant’s request, the project was tentatively scheduled for
reappearance before the Board on January 3, 2005.
REGULAR SESSION (NEW BUSINESS)
DJ Vosburgh Enterprises LLC – Kidd Lane – Subdivision Plat
Mark Graminiski, P.E. and L.S., was present with an application to create two
building lots, one of 9.2-acres and one of 9.5-acres, from an 18.7-acre parcel
on Kidd Lane, in part within the TOV (Town Outside Village) of Red Hook and in
part within the Village of Tivoli. Within the Village, the applicable zoning
for the parcel was ‘LC’ along Stony Creek and R2A in the remaining portion.
The portion lying within the Town was zoned R5. Because the parcel straddled
the Town/Village boundary, the parcel had two tax grid numbers.
Mr. Graminski began by saying that he had spoken to Mr. Busso from the Village
of Tivoli who had said that, since none of the land lying within its
boundaries would be subdivided, the Village would not require a formal
subdivision application for the project.
Mr. Graminski also said that the two parcels would be accessed by a common
driveway off Kidd Lane. The lots would be located within wooded areas and
would be large in size to allow for septic systems in clay soils. He said the
relatively flat terrain would allow easy access by emergency vehicles. He
agreed that a maintenance agreement would be needed for the driveway.
Art Brod made several observations. First, he said that the entire Village of
Tivoli lay within the National Historic Landmarks District, but since Tivoli
was not requiring an application, this project could be considered an
“unlisted action” under SEQRA as far as the Town was concerned. He also said
that since the parcel was within five hundred (500) feet of the Certified
Agricultural District, an Agricultural Data Statement would be needed. Third,
he said that a Coastal Consistency or Assessment Form would be needed to
comply with the Local Water Revitalization Act, and fourth, he said that
parcel lay within the Scenic Overlay and that the viewshed should be protected
by requiring the designation of building envelopes on the final plats. Further
development would be prohibited by the 5 Acre zoning requirement
Mary Lou Muirhead made a motion to adopt the following resolution accepting
the application and related documents as sufficient for Board and consultant
review.
The Town of Red Hook Planning Board hereby acts as follows on the November 24,
2004, Application by DJ Vosburgh Enterprises LLC for Sketch Plan Endorsement
for the creation of residential building lots of 9.2 acres and 9.5 acres
through Resubdivision of Lot 3, Filed Map 7621, located in part within the RD5
District and the TOV portion of the Town of Red Hook and in part within the
Village of Tivoli, all as depicted on a drawing entitled ‘Minor Subdivision /
Sketch Plan’ prepared by Mark Graminski, P.E. and L.S., and dated November 24,
2004, revised to December 20, 2004:
1. Endorses the Sketch Plan subject to concurrence by the Village of Tivoli
Planning Board.
2. Classifies the Application as a ‘Minor 2-Lot Subdivision / Resubdivision of
Lot 3, Filed Map 7621’ under the Town’s Land Subdivision Regulations and an
‘Unlisted Action’ under SEQRA.
3. Authorizes the timely submission of an Application for Minor Subdivision
Plat Approval in full accordance with the requirements therefore set forth in
the Town’s Land Subdivision Regulations and with the following additional
information:
· Record of appearance before the Village of Tivoli Planning Board.
· Documentation of review of proposed shared driveway access intersection with
Kidd Lane by the Town Highway Superintendent.
· Agricultural Data Statement due to reported adjacency to lands within
Certified Agricultural District and inclusion of associated notation on the
Subdivision Map.
· Designation of building envelopes on final plats.
· Coastal Consistency Form if site is determined to lie within the Town of Red
Hook Local Waterfront Revitalization Area.
· Flood Hazard Boundary/Elevation Data.
· Draft of proposed shared driveway access, ownership and maintenance
agreement.
· Engineering design of intended common driveway improvement.
· Engineer’s certification of buildability of proposed lots without waiver
under Dutchess County Health Department standards based upon field
investigations and in consideration of proximity to Village lands, stream
course and associated flood plain, and adjacent residential uses.
David Wright seconded the motion, and all members voted in favor.
CAFH Order at Tivoli, Inc. – West Kerley Corners Rd. – Subdivision Plat
Bill Dailey and Leonard Ross from the CAFH Order and Mark Graminiski, P.E. and
L.S., appeared before the Board with an application to consolidate three
adjacent (3) parcels totaling 56 acres into one (1) and then subdivide that
parcel into two (2) lots of 9.0 acres and 47 acres. All parcels are located in
the RD3 District.
Mr. Graminski explained that this proposed action would straighten lot
boundaries and resolve one non-conforming lot. He said that after the
subdivision, the CAFH structures would be consolidated on one lot, while the
other lot would contain the Webjogger equipment and vacant land. He said that
CAFH had no plans for development.
Since the parcel was found to contain prime soils and to lie within the
Certified Agricultural District, Christine Kane made a motion to refer the
application to the Agricultural Advisory Committee for review. Paul Telesca
seconded the motion, and all members voted in favor.
Stephen Buscarino – NYS Rte. 9G and West Kerley Corners Rd. – Subdivision Plat
Marie Welch, L.S., and Lisa Racano were present to resubmit an application to
subdivide an 11.827-acre parcel into three residential building lots. The
parcel is located at the intersection of NYS Rte. 9G and West Kerley Corners
Rd. in the RD3 District.
Ms. Welch explained that the Conditional Final Approval for the project
granted by the Planning Board on December 1, 2003 had expired and that this
subdivision proposal was the same as the previous plan. Most of the needed
documents had already been submitted.
Art Brod advised the Board that even though the project had undergone a public
hearing for the prior approval, a new public hearing must be scheduled.
Mary Lou Muirhead made a motion to adopt the following resolution:
The Town of Red Hook Planning Board hereby acts as follows on the December 8,
2004, Application by Stephen Buscarino for Sketch Plan Endorsement for the
creation of an existing dwelling lot of 5.0 acres and residential building
lots of 3.407 acres and 3.419 acres from an 11.827-acre parcel (TMP
6174-00-838978-00) situate to the northeast of the intersection of West Kerley
Corners Road (DC 78) and NYS Route 9G in the RD3 and Scenic Corridor Overlay
(SC-O) Districts , all as depicted on a drawing entitled ‘Subdivision Map
prepared for Stephen M. Bucarino’ by Marie T. Welch, L.S., dated September 10,
2003, and revised to December 8, 2004:
1. Endorses the Sketch Plan.
2. Classifies the Application as a ‘Minor 3-Lot Subdivision’ under the Town’s
Land Subdivision Regulations and, with the understanding the previous Kidz
Kare proposal is not also being reactivated, an ‘Unlisted Action’ under SEQRA.
3. Authorizes the submission of a timely Application for Minor Subdivision
Plat Approval in full accordance with the requirements therefore set forth
within the Town’s Land Subdivision Regulations and with the following
additional information:
· Documentation of submission to the Dutchess County Health Department and
copy of all response correspondence from DCHD.
· Documentation of review of proposed DC 78 driveway access location by
Dutchess County DPW.
· Documentation of review of proposed NYS Route 9G driveway access location by
NYSDOT.
4. Schedules a public hearing for January 3, 2005 at 7:40 p.m.
John Hardeman seconded the motion, and all members voted in favor.
Philip Williams and George Verrilli – Baxter Road – Subdivision Plat
Tim Ross, P.E., and Phil Williams appeared before the Board with an
application to create twelve (12) residential building lots from a 21.83-acre
parcel on Baxter Road in the R1 District.
Mr. Ross explained that twelve (12) lots was the maximum number allowed for
the parcel and that the “roundabout” road serving the lots was a design
approved by Town Engineer Dan Wheeler and Town Highway Superintendent Wayne
Hildebrandt. He said the road would be a Town road. He also said that rock
outcroppings on the parcel had made sketching in suitable lot lines a
challenge and had resulted in several flag lots and a shared driveway.
Mr. Ross also discussed the well and septic system placement, saying that the
topography of the land limited the number of suitable sites and that grouping
the septics would allow adequate separation of wastewater from the wells.
Asked if tapping into the Red Hook Village water supply would be possible, Mr.
Ross said that the expense of that construction would be prohibitive. Planning
Consultant Art Brod said that while running a Village water line to the
proposed new development might initially be expensive, doing so might result
in a density bonus and would certainly give Mr. Ross more flexibility in
siting the septic systems.
Mr. Brod also asked Mr. Ross whether the “roundabout” road could be extended
to become a through access to Norton Road. Mr. Ross replied that the DEC
wetland and stone ridge lying in the path of such a through road would make
that change too expensive to consider.
Mr. Brod advised the applicant that he needed to submit a stormwater drainage
plan. He also said that, upon his own field visit, he had been surprised at
the amount of work already done on the site and that continued disruption of
the land could be a violation of SEQRA.
The Board by consensus determined to schedule a field visit to the site for
Sunday, January 2, 2005 at 11:00 a.m. The Clerk will post a notice at the Town
Hall. The project was tentatively scheduled to reappear on the January 3, 2005
agenda.
OTHER BUSINESS
Ruth Oja - Conservation Advisory Committee
Ruth Oja, Chair of the Conservation Advisory Committee, spoke to the Board
about the possible redesignation of her group from a Committee to a Board. A
Conservation Advisory Board, she said, would be charged with reviewing any
development application that would affect the Open Space Plan. It would remain
advisory to both the Planning and Town Boards. This change, she said, would
help assure that important conservation and environmental issues would not be
overlooked.
Ms. Oja said that the CAC had inventoried sites, created maps and, in 2000,
completed the Open Space Plan. The maps, she said, are contained within the
Plan.
Asked if the reviews undertaken by a CAB would duplicate those of the
Agricultural and Open Space Advisory Committee, she said that agricultural was
only one category of open space. The CAC had identified some twelve different
categories which would come under the CAB purview.
Sam Phelan said that the first task should be to develop and adopt a
serviceable Open Space map that could be used by the Town to identify areas to
be protected.
Board members asked whether the CAC did not already have access to development
application information and whether it did not already have a voice to comment
if it chose to do so. Ms. Oja said yes, that was true, but that currently the
onus was on the Committee to seek out that information. If applications were
routinely referred to the CAB, the group would be provided with a more formal
path both to receive information and to provide a response.
Board members were concerned that, since the CAC currently meets only once a
month, the group would be unable to respond in a timely fashion. Ms. Oja said
that the group could meet more often.
The Board was also unsure about how it could decide which applications “would
affect the Open Space Plan.” Some members said that the twelve open space
categories were too vague and could conceivably encompass every application
submitted to the Board.
The Board generally agreed that the redesignation of the CAC was a Town Board
action. Ms. Oja said that the Planning Board would be asked for its opinion
about the matter and that the CAC was open to any suggestions.
ADJOURNMENT
Upon being advised by the Chair that there was no further business to come
before the Board, Christine Kane made a motion to adjourn. David Wright
seconded the motion, and all members present were in favor. The Chair
adjourned the meeting at 9:45 p.m.
Respectfully submitted
Paula Schoonmaker
Assistant Clerk to the Planning Board