draft
Town of Red Hook Planning Board
Meeting Minutes
October 4, 2004
CALL TO ORDER/ DETERMINATION OF QUORUM
The meeting was opened at 7:32 p.m. by Chair Paul Thomas and a quorum
determined present for the conduct of business.
Members present— John Hardeman, Christine Kane, Paul Telesca, David Wright and
Chair Paul Thomas. Mary Lou Muirhead and Sam Phelan were absent.
BUSINESS SESSION
The Board confirmed its next regular meeting for Monday, October 18, 2004.
The minutes of the September 20, 2004 meeting had been sent to the Board
members and reviewed. Christine Kane made a motion to accept those minutes.
The motion was seconded by Paul Telesca, and all members were in favor.
The Chair announced that discussion of the Bard College/ Robbins House
applications had been deferred until October 18, 2004.
OLD BUSINESS (PUBLIC HEARINGS)
Bard College (Center for Curatorial Studies) – Blithewood and Garden Roads –
Special Use Permit and Site Plan
No one from Bard was present to support the applications, which would
authorize the construction of expansions totaling approximately 19,000 sq. ft.
to the existing Center for Curatorial Studies at Bard College in the
Institutional and National Historic Landmarks Districts.
The Chair opened the public hearing, which had been continued from September
8, 2004. There was no comment from the public.
The Chair said that Bard had requested the hearing be continued to November 1,
2004, at which time the College hoped to have a sign-off letter from NYS
Department of Parks, Recreation and Historic Preservation concerning the
required archaeological survey.
Christine Kane made a motion to continue the hearing to November 1, 2004.
David Wright seconded the motion, and all members present were in favor.
Matthew Wallace – Thayer Lane – Special Use Permit
Matthew Wallace appeared before the Board to represent his application for a
Special Use Permit to authorize construction of a one-bedroom accessory
apartment within a new three-bedroom single family dwelling on a 1.48-acre lot
on Thayer Lane within the R1.5 District.
The Chair read the public hearing notice that appeared September 28, 2004 in
the Kingston Daily Freeman. The Chair then opened the hearing for public
comment.
Mr. Wallace explained that the apartment had been designed for a relative and
that a sliding glass door would serve as a separate entrance if necessary.
Asked if the slightly undersized lot had been an existing lot of record, Mr.
Wallace answered yes.
There was no comment from the public. The Chair then closed the hearing.
Paul Telesca made a motion to adopt an offered resolution granting the Special
Use Permit. John Hardeman seconded the motion, and all members present voted
in favor.
A copy of the adopted resolution is attached to, and made part of, these
minutes.
Nathan Kalina – NYS Route 9G – Subdivision Plat/ Lot Line Alteration
Nathan Kalina appeared before the Board to represent his application to
transfer a 0.76-acre portion of Lot 2, Filed Map 7979 to the adjacent parcel
“Red Hook Associates, LLC”, also owned by Mr. Kalina, all on NYS Rte. 9G,
approximately 2300 feet south of Rokeby Road in the RD3 District.
The Chair read the public hearing notice that appeared in the Kingston Daily
Freeman on September 28, 2004. He then opened the hearing for public comment.
Mr. Kalina explained his proposed transfer of land.
Since there was no comment from the public, the Chair closed the public
hearing. He then explained the conditions in an offered resolution which would
grant approval to the application.
David Wright made a motion to adopt the offered resolution. Paul Telesca
seconded the motion, and all members present were in favor. A copy of the
adopted resolution is attached to, and made part of, these minutes.
Lisa Herman (Stony Creek Riding Stable) – 175 Lasher Road – Special Use Permit
and Site Plan
Lisa Herman was present in support of her applications to establish a Riding
Academy on an approximately 30-acre parcel at 175 Lasher Road in the RD3 and
Certified Agricultural District.
The Chair explained that because Ms. Herman had not yet submitted an
acceptable site plan, only the Special Permit application would be discussed.
He then read the “continuation of public hearing” notice that appeared in the
Kingston Daily Freeman on September 28, 2004 and opened the floor for public
comment.
Ms. Herman explained the nature and purpose of her proposed facility.
Since there was no comment by the public, the Chair closed the hearing. He
explained that an offered resolution granting approval to the Special Use
Permit would grant permission only for the proposed use, not for any buildings
or site design. The resolution would also issue a negative declaration under
SEQRA. He then reviewed the conditions of the resolution regarding the time
allowed to the applicant for submission of an acceptable site plan and then
for completion of the project. The applicant agreed to the conditions.
Christine Kane made a motion to adopt the offered resolution. David Wright
seconded the motion, and all members present were in favor. A copy of this
resolution is attached to, and made part of, these minutes.
REGULAR SESSION (NEW BUSINESS)
Jeffrey Agrest – 138 Rokeby Road – Subdivision Plat
Marie Welch, L.S., appeared before the Board in support of Jeffrey Agrest’s
application for Subdivision Plat Approval to create a 3.00-acre residential
building lot and an 8.685-acre existing house “flag lot” from an 11.685-acre
parcel on the northeast side of Rokeby Road in the R1.5 and Certified
Agricultural Districts.
The Chair reminded the Board that Mr. Agrest had previously subdivided this
same parcel. The filing of that subdivision plat had been completed only a few
days before this application was submitted. He began discussion of the
application by asking the Board if this proposed subdivision would qualify as
“segmentation” under SEQRA. The Board members generally agreed that they
thought it would.
Ms. Welch countered by saying that the previous subdivision actually involved
a separate adjoining parcel owned by Blue Zucchini, LLC, an entity controlled
by Mr. Agrest. The Blue Zucchini lot, she said, had been subdivided in the
previous action; the parcel owned by Mr. Agrest was the one under
consideration for this action.
The Board did not find this argument compelling. In addition, it discussed
whether this application could be construed as an attempt to circumvent the
Town’s farmland protection provisions since Ms. Welch contended that it was
subject to the “one lot exception” from scrutiny under those provisions.
David Wright suggested that the Board consult with counsel. The Chair said he
would contact Joel Sachs regarding the segmentation issue and report back to
the Board.
Because of the parcel’s location within the Agricultural District, the
application was referred to the Agricultural Advisory Committee after the
applicant submits the information required by Zoning Code section 143-47. The
matter was tentatively scheduled for reappearance on the November 1, 2004
Planning Board agenda.
OTHER BUSINESS
Planning Federation Workshops –
The Chair urged the members to go to one or more workshops offered by the
Planning Federation between October 1, 2004 and December 31, 2004. The members
were given several handouts describing the workshops.
Land Use Working Group –
The Chair announced that he had scheduled for October 18, 2004 a presentation
of the recommendations made to the Town Board by the Land Use Working Group.
The presentation will be Ted Fink of Green Plan. He encouraged all members to
attend.
New Applications and Checklists -
The Chair said that planning applications and checklists were being revised
and would be ready for distribution to the Planning Board members at the next
meeting. He asked that the members review these documents and submit their
comments.
Letter from Bob and Susan Davis –
The Chair read a letter from Bob and Susan Davis requesting that the Board
accept, in lieu of a sign-off letter from the New York State Office of Parks
Recreation and Historic Preservation, a mitigation plan for the archaeological
site discovered at the edge of the proposed driveway to their proposed house
on Woods Road. Mr. and Mrs. Davis also said that they were still intending to
establish a conservation easement prohibiting further building on the parcel
but had not yet done it. Both the NYSOPRHP letter and the easement were
conditions of the Special Permits granted by the Board on June 7, 2004.
The Chair said that in a telephone conversation, Planning Consultant Art Brod
had advised that the proper protocol was to send both the archaeological
survey report and the proposed mitigation plan to NYSOPRHP. The Board
generally agreed that this would be the correct course of action and that it
would await comments from NYSOPRHP. The Planning staff was directed to submit
the documents to NYSOPRHP.
Request for Planner –
The Chair distributed copies of a Request for Planner drawn up by Ted Kudzy
after consultation with various Town committees and boards. The Chair had been
asked for Planning Board response and suggestions.
Members of the Board raised a number of issues, concerns and suggestions.
David Wright wondered if having a professional planner work out a site plan or
subdivision design at the outset would make the Planning Board irrelevant.
John Hardeman asked who would pay this planner, the applicants or the Town.
Paul Telesca was concerned that if the planner framed out an applicant’s
project design and there was some sort of failure, the Town might be liable.
Christine Kane suggested that the planner be more of a Master Planner who
would look at the large, Town-wide picture and help with broad, conceptual
designs for the Town.
John Hardeman said that during discussions of the Hannaford project several
years ago, the Planning Board had realized it should draw up a conceptual plan
for Hardscrabble Commons, which was clearly going to come before the Board
soon. He would be in favor of a type of pre-planning and also of an effort to
adjust the zoning code so that it would reflect and support the Town Master
Plan.
Paul Telesca cited his experience in Dover, where a master planner was hired
to revise the Master Plan and then to revise the zoning code and land use
regulations so that they would be consistent with the Master Plan. When those
tasks were finished, the master planner went on to advise the Town, its boards
and committees on the larger, conceptual questions and designs. He suggested
that Red Hook Town Supervisor Marirose Bump contact the Town of Dover
Supervisor Jill Way for suggestions.
The Board generally agreed that revising the Red Hook Town Zoning Code and
Land Use regulations to reflect the Master Plan must be a top priority.
The members also generally agreed that they saw a need for two planners. One
would be a Master Planner who would first concentrate on revising those
documents and then would represent the Town’s interests on broader issues of
land use planning, not the details of each application. The second planner
would be a Detail Planner who would advise the Planning Board on individual
applications and the day-to-day workings of the Planning staff on an as-needed
basis.
David Wright suggested that an applicant could meet with both the Master
Planner and the Planning Board at the beginning of his application process and
thus gain input from the Board, not just the Planner, at this early stage. The
Chair reminded the Board and the public that applicants are encouraged to come
to the Planning Board for a pre-submission conference and said that this offer
would be emphasized on the revised Planning applications and checklists.
There was general discussion regarding raising the fees imposed by the Board
to reflect more closely the Board’s expenses. One suggestion was that raising
application fees might make applicants take their designs and plans more
seriously. John Hardeman commented that the Board should be cautious about
unduly burdening individual community members who may need to subdivide off a
single parcel of land in order to fund their retirement.
The Board determined that the Chair would draft a response to the RFP
outlining the Planning Board’s suggestions. David Wright asked that the Chair
circulate the draft among the members and incorporate their comments before
submitting the final memo to the Town Board.
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 9:20 p.m.
Respectfully submitted
Paula Schoonmaker
Assistant Clerk to the Planning Board
Attachments
1. Resolution granting Special Permit to Matthew Wallace
2. Resolution granting Conditional Final Subdivision Plat Approval/ Lot Line
Alteration to Nathan Kalina
3. Resolution granting Special Permit to Lisa Herman
Town of Red Hook Planning Board
Resolution Granting Approval in the Matter of the Matthew Wallace Application
for Special Use Permit to Authorize Construction of an Accessory Apartment
within a New Single Family Dwelling on Thayer Lane in the R1.5 District
October 4, 2004
Motion made by Paul Telesca
Seconded by John Hardeman
The Town of Red Hook Planning Board hereby acts as follows on the August 26,
2004, Application by Matthew Wallace for Special Use Permit to
authorize pursuant to Zoning Law Section 143-65 and in accordance with an Area
Variance with respect to minimum lot width granted by the ZBA on July 14,
2004, the incorporation of an accessory apartment within a new single-family
dwelling on a 1.48-acre lot (TMP 6273-00-176545) on Thayer Road in the R1.5
District, all as depicted on accompanying Site Layout and Schematic
Architectural Building Plans:
1. Determines in consideration of the Short EAF and the ‘criteria for
determining significance’ set forth at Title 6 Part 617.7.c NYCRR, that 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. Deems the proposed development to satisfy both the ‘General Standards’ for
all special permit uses set forth at Zoning Law Section 143-51 and the
‘Specific Standards’ for an ‘Accessory Apartment within a New Single-Family
Dwelling’ as set forth at Section 143-65 therein.
3. Issues the requested Special Use Permit and authorizes the Building
Inspector and/or Zoning Enforcement Officer to first issue a Building Permit
and then a Certificate of Occupancy upon the Applicant’s documentation of
Individual Lot Notification of Approval from the Dutchess County Health
Department and compliance with all pertinent laws, codes, rules or
regulations, including the Building Code of the State of New York, under their
jurisdiction.
Roll Call Vote:
Member John Hardeman yes
Member Christine Kane yes
Member Mary Lou Muirhead absent
Member Sam Phelan absent
Member Paul Telesca yes
Member David Wright yes
Chairman Paul Thomas yes
Resolution declared: APPROVED
Resolution Certified, Filed with the Town Clerk and Mailed to the Applicant
______________________________________ ________________
Paula Schoonmaker, Assistant Clerk to the Board
Date
Town of Red Hook Planning Board
Resolution Granting Conditional Final Approval in the Matter of the Nathan
Kalina Subdivision/ Lot Line Alteration on NYS Route 9G in the RD3 District
October 4, 2004
Motion made by David Wright
Seconded by Paul Telesca
The Town of Red Hook Planning Board hereby acts as follows on the August 31,
2004, Application by Nathan Kalina for Subdivision Plat Approval (Request for
Lot Line Change) involving an intended transfer of a 0.76-acre portion of a
7.05-acre NYS Route 9G frontage parcel in the RD3 District (Lot 2, Filed Map
7979 / TMP 15-6172-00-566165) to and for merger with the adjacent ‘Land of
Kalina’ lying to the south and east, all as depicted on a Survey Map entitled
‘Lot Line Alteration / Land of Kalina’ prepared by Robert Zimmerman, L.S., and
dated August 28, 2004:
1. Determines in consideration of the Short EAF, the Agricultural Data
Statement, and and the ‘criteria for determining significance’ set forth at
Title 6 Part 617.7.c NYCRR that the Proposed Action, an ‘Unlisted Action’
under SEQRA will not cause any 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 ‘Resubdivision of Filed Map 7979 -- Minor
Subdivision / Lot Line Alteration’ and authorizes the Chair to stamp and sign
the Subdivision Plat upon the Applicant’s satisfaction of each of the below
conditions and/or requirements within the next one hundred eighty (180)
calendar days:
a. Stamping of the Subdivision Plat as a ‘non-jurisdictional subdivision’ or
‘for filing purposes only’ by the Dutchess County Health Department.
b. Annotation of the Subdivision Plat with appropriate required notation with
respect to location within a Certified Agricultural District.
c. Submission of Subdivision Plat drawings for stamping and signing in the
number and form specified under the Town’s Land Subdivision Regulations,
including all required stamps and signatures.
d. Payment of any outstanding fees or reimbursable costs due the Town of Red
Hook.
e. Submission of an acceptable draft of a consolidation deed intended for
recording in the Dutchess County Clerk’s Office immediately upon filing of the
Subdivision Plat whereby the Office whereby the subdivided 0.76-acre portion
of Lot 2, Filed Map 7979, would be merged with the adjacent ‘Land of Kalina’
to obviate what otherwise would be the creation of a non-complying parcel
through this act of subdivision plat approval.
In taking this action the Planning Board has determined there to be no new
residential building lots or dwelling unit sites created and, thus, deems not
applicable to this Application requirement for set-aside of recreation or
other open space land or the alternate payment of a cash-in-lieu-of-land
recreation fee.
Roll Call Vote:
Member John Hardeman yes
Member Christine Kane yes
Member Mary Lou Muirhead absent
Member Sam Phelan absent
Member Paul Telesca yes
Member David Wright yes
Chairman Paul Thomas yes
Resolution declared: APPROVED
Resolution Certified, Filed with the Town Clerk and Mailed to the Applicant
______________________________________ ________________
Paula Schoonmaker, Assistant Clerk to the Board Date
Town of Red Hook Planning Board
Resolution Granting Conditional Approval in the Matter of the Lisa Herman
Application for Special Use Permit to Authorize Establishment of a Riding
Academy at 175 Lasher Road in the RD3 and Certified Agricultural District
October 4, 2004
Motion made by Christine Kane
Seconded by David Wright
The Town of Red Hook Planning Board hereby acts on the Application by Lisa
Herman (and Amy Scholz) for Special Use Permit to authorize the establishment
of a Riding Academy pursuant to the Zoning Law Schedule of Use Regulations and
related Section 143-98 of the Town Code on a 30-acre project site (TMP
15-6275-00-323335 as modified pursuant to Lot Line Alteration between Herman
and Vos authorized by the Planning Board on May 17, 2004, and the subject of
Filed Map #9585A as accepted by the Dutchess County Clerk’s Office on July 8,
2004) situate on the south side of Lasher Road in the RD3 and Certified
Agricultural Districts:
1. Determines upon consideration of a Short EAF Part 1 certified by the
Applicant, completion of EAF Part 2 by the Planning Board, and in
consideration of both the Agricultural Data Statement and the ‘criteria for
determining significance’ set forth at Title 6 part 617.7.c NYCRR that the
Proposed Action, an ‘Unlisted Action’ under SEQRA, will cause no potential
significant adverse impacts on the environment provided all pertinent
submission requirements, design criteria, and review considerations set forth
within Sections 143-115 through 143-117 of the Town’s Zoning Law are in the
view of the Planning Board met by the Applicant prior to completion of the
site plan review and approval process, and, thus, issues a Negative
Declaration deeming an environmental impact statement to not be required.
2. Finds the intended use as described within the Application for Special Use
Permit dated May 10, 2004, and the associated Narrative, to satisfy, subject
to presentation of Site Plan drawings, including exterior architectural plans,
deemed suitable by the Planning Board, to satisfy both the ‘General Standards’
for all special permit uses established at Zoning Law Section 143-51 and the
‘Specific Standards’ for a ‘Riding Academy’ or ‘Boarding Stable’ in an RD3 or
RD5 District, including related definitions found within Zoning Law Section
143-4.
3. Issues subject to the conditions set forth below the requested Special Use
Permit and authorizes the Building Inspector and/or Zoning Enforcement Officer
to issue first a Building Permit for construction of building(s) and
installation of related site improvements which collectively comprise the
‘Riding Academy’ and subsequently a Certificate of Occupancy for their use
upon the Applicant’s timely satisfaction of each the following conditions
and/or requirements:
a. Within one (1) calendar year of the date of adoption of this Resolution,
completion of an on-going process and the securing of Site Plan Approval from
the Town Planning Board as evidenced by the stamping and signing of the
Approved Site Plan by the Chair.
b. Within six (6) calendar months of the securing of Site Plan Approval by the
Planning Board satisfaction of any other pertinent codes, laws, rules or
regulations within the purview of the Building Inspector and/or Zoning
Enforcement Officer, including but not limited to the Building Code of the
State of New York, and the securing of a Building Permit for the intended
construction of building(s) and, as pertinent, installation of related site
improvements.
c. Upon completion of both the intended construction of building(s) in
accordance with building plans approved by the Building Inspector and/or
Zoning Enforcement Officer and the installation of all site improvements
depicted on the Approved Site Plan and prior to the use thereof, issuance of a
Certificate of Occupancy from the Zoning Enforcement Officer.
Roll Call Vote:
Member John Hardeman yes
Member Christine Kane yes
Member Mary Lou Muirhead absent
Member Sam Phelan absent
Member Paul Telesca yes
Member David Wright yes
Chairman Paul Thomas yes
Resolution declared: APPROVED
Resolution Certified, Filed with the Town Clerk and Mailed to the Applicant
______________________________________ ________________
Paula Schoonmaker, Assistant Clerk to the Board
Date