draft
Town of Red Hook Planning Board
Meeting Minutes
April 18, 2005
CALL TO ORDER/ DETERMINATION OF QUORUM
The meeting was opened at 7:35 p.m. and a quorum determined present for the
conduct of business.
Members present — John Hardeman, Charles Laing, Paul Telesca (for the first
half of the meeting), David Wright (for the second half of the meeting), and
Chair Christine Kane. Sam Phelan and Jennifer Fier were absent. Planning
Consultant Michele Greig was also present.
BUSINESS SESSION
The Chair confirmed the meeting agenda as published.
The minutes of the April 4, 2005 meeting had been sent to the Members and
reviewed. John Hardeman made a motion to accept those minutes. The motion
was seconded by Paul Telesca, and all members present voted in favor.
The Chair asked if any Member would be able to attend Northern Dutchess
Alliance meeting on April 28, 2005 at the Red Hook Firehouse. Charles Laing
said he may be able to attend. He will confirm with the clerk.
The Chair then read a draft letter to Mary Lou Muirhead, thanking her for her
years of service to the Board and her contributions to the community. The
Board generally agreed to send that letter.
PUBLIC HEARINGS
Devereux Foundation—NYS Route 9 and Old Post Road—Subdivision Plat
Tim Race, L.S. with the Chazen Companies, and John Kavanaugh of the Devereux
Foundation were present for the public hearing on applications for an
Amendment to the Special Permit and for Subdivision Plat Approval to authorize
the creation of a 5.2-acre residential building lot and a 54.4-acre
institutional lot from a 59.6-acre parcel in the (I) Institutional and
Certified Agricultural Districts.
The Chair read the public hearing notice that appeared April 11, 2005 in the
Kingston Daily Freeman. She then opened the hearing for public comment.
Mr. Race explained the project to the Board and the public. He said that the
proposed lot and residential facility fall within the Scenic Corridor Overlay
and that the planned setbacks exceed those required by the Town regulations.
He said that the Foundation will keep most of the large trees and vegetation,
making the proposed one-story facility barely visible from Route 9. He said
that there would be a driveway easement over the existing driveway to access
the proposed facility.
Mr. Kavanaugh said the proposed building would be an 8-bed apartment-type
supervised facility for disabled adults who had aged out of the educational
program. The proposed facility would help those clients gain the necessary
skills to function more independently. Some residents would come from the Red
Hook Devereux campus, some from other Devereux facilities, and some from other
facilities. A few residents might eventually be able to live in a less
restrictive facility, but most would continue to need the supervision provided
by the proposed Devereux facility. Mr. Kavanaugh added that the proposed
facility would be built using Housing and Urban Development funding and that
it was not designed to be interactive with the Devereux educational campus.
Charles Laing asked if anyone had checked with the Town Historian to see
whether the existing house on the proposed smaller lot had any historical
value. Mr. Kavanaugh said that this had been done has part of the HUD
application and that the existing house had been found to be of no historical
significance.
Mr. Race said that the coverage figures had been submitted and had been found
to be with the required limits for both the proposed new lot and the remaining
campus land. He said that landscaping had been shown on the site plan
prepared for HUD.
Most Planning Board members had made an informal site visit and were familiar
with the location.
The Chair then read the referral response from the Agricultural Advisory
Committee, which recommended that steps be taken to ensure preservation of the
remaining open space. Mr. Race said that the coverage requirements would
restrict further development or subdivision of the educational campus and that
the 5-acre zoning in the district would prohibit further subdivision of the
smaller proposed lot.
Mr. Kavanaugh said that the existing house would be removed but that the old
stone foundation was hidden by brush and would not be removed. He said
construction and demolition waste would be disposed of according to all codes,
as required by HUD.
Charles Laing made a motion to establish the Planning Board as Lead Agency
under SEQR. John Hardeman seconded the motion, and all members voted in
favor.
Planning Consultant Michele Greig asked the applicants to change their answers
to two questions on the EAF part 1. Mr. Kavanaugh made the corrections.
The Chair read the EAF part 1, and with input from the Board, completed part
2.
Ms. Greig said that the phrase concerning removal of the stone foundation
should be removed from the draft Negative SEQR Declaration. The Planning
Board found no need to add language about a historic structure to the
document.
John Hardeman made a motion to issue a Negative SEQR Declaration with the one
above revision. Paul Telesca seconded the motion, and all members present
voted in favor.
The Chair then closed the public hearing.
John Hardeman made a motion to adopt an offered resolution granting
Subdivision Plat Approval to the project. Charles Laing seconded the motion,
and all members present voted in favor.
Ms. Greig said that a community residence was a permitted use in the
Institutional District and that Site Plan Approval was not required. Mr. Race
requested that Ms. Greig’s determination be recorded in the meeting minutes.
Ms. Greig said that an error had been made, since the Amendment to the
Foundation’s
Special Use Permit had not been approved prior to the vote on the subdivision
application. She said that the applicant had provided coverage calculations
showing that the existing development on the remaining parcel would comply
with zoning regulations, so the vote on the Amendment could go forward.
John Hardeman made a motion to rescind the Subdivision Plat approval. Paul
Telesca seconded the motion, and all members present voted in favor.
The Board then generally agreed to require the applicant to add evergreen
screening to shield the proposed building and parking lot from NYS Route 9.
Paul Telesca made a motion to adopt both the resolution granting the Amendment
to the Special Permit and the resolution granting Subdivision Plat Approval.
John Hardeman seconded the motion, and all members voted in favor. Copies of
those resolutions are attached to, and made part of, these minutes.
REGULAR SESSION (OLD BUSINESS)
TGS Associates/ Hardscrabble Commons – NYS Route 9 and Metzger Road – Site
Plan & Special Permit
Todd Baright, Gary Baright and Art Brod of Planners East were present for a
continuation from April 4, 2005 of the discussion of applications for Site
Plan Approval and Special Use Permit to authorize modifications to the
existing site, construction of a 2-story, mixed retail and apartment building
and a 2-story, 24,000 s.f. total floor area, self-storage facility within an
undeveloped portion of the 13.159-acre Hardscrabble Plaza site.
Mr. Brod said that there were no new or revised plans but that some issues had
arisen from the various reviews.
The Board and the applicant first discussed GreenPlan’s suggestion that the
proposed self storage building be moved closer to the proposed road at the
rear of the property and that it be comprised of retail space, rather than
self storage space, on the first level. Mr. Baright outlined a number of
reasons that self storage in the entire building would be preferable to the
Commons development, to the Red Hook community and to the economic feasibility
of the project. He said that there would be sufficient retail space available
in the buildings proposed for later phases of the Commons development and that
there was a local need for more self storage space. He said that the self
storage building would be well screened from traffic and from residents of the
proposed apartments and that self storage use would not generate a large
number of cars, which might concern apartment residents and congest the
traffic flow within the Commons. In addition, he said, the self-storage
building had been part of the plan endorsed by Dutchess County Planning and
Scenic Hudson.
Paul Telesca said that at an informal meeting held on Friday, April 15, 2005
and consisting of Todd Baright, GreenPlan’s Ted Fink and himself, the three
agreed that the self storage building was a permitted use and that retail
space would necessitate more paving and parking areas. He said that both he
and Mr. Fink believed that Mr. Baright had already revised his plan to
accommodate suggestions by Scenic Hudson and Dutchess County Planning. He
said that he believed Mr. Fink was not averse to keeping the self storage
building in the plan.
Ms. Greig said that moving the building closer to the proposed rear road would
narrow the field of vision and slow traffic. She also encouraged the
applicant to redesign the building so that it could be converted to retail
space in the future.
The Board members generally agreed that they were comfortable with retaining
the self-storage building in the plan. They said that sufficient retail space
was planned for future phases of the project and that if additional retail
space were eventually needed, the self-storage building could be expanded in
the front to accommodate that use and reach closer to the road. The
applicant was encouraged to review architectural details of the second level
of the building and attempt to vary them in a way that complemented the
details of the proposed mixed-use building. As currently planned, the lower
level of the self-storage building would be hidden by evergreen trees planted
on a long, approximately 4 ft. high berm. The Board generally agreed that
planting taller trees without the berm would accomplish the same goal and
could be an option.
Ms. Greig said that current zoning regulations did not adequately accommodate
the proposed plan. The Board determined that Planners East should confer with
GreenPlan to develop a rezoning package to reflect the development of a
traditional neighborhood district.
Mr. Brod said that the NYS Office of Parks, Recreation and Historic
Preservation had suggested that a Phase I archaeological survey be conducted
because of Hardscrabble’s proximity to St. Margaret’s Home. He went on to say
that an in-depth archaeological survey was conducted of the St. Margaret’s
site during the Hannaford Supermarket approval process in 2000, and he
requested that that survey be reviewed, making another such survey of
Hardscrabble Commons unnecessary. Ms. Greig said GreenPlan would review those
documents.
Mr. Brod said that the NYS Department of Environmental Conservation had asked
about extending the Village water supply to Hardscrabble Commons. He said
that the Town should be considering not only the construction of water mains
to access Village water but also the legal arrangement by which the water
supply would be extended. He encouraged the Town to create a water district
rather than entering into a contractual agreement with the Village.
Mr. Brod questioned the need for a referral of the project to the Agricultural
Advisory Committee. Ms. Greig said that because the site contained both prime
soils and soils of Statewide importance, the project must be referred. The
Board made that referral.
Asked about the data used in the traffic study included in the project
package, Mr. Brod he had used ITE numbers to calculate vehicle trips per day
and per hour for both existing and proposed uses at the Hardscrabble
location. He agreed to provide traffic data and code numbers to the Board and
to the Town Engineer. He said that developing traffic data at full build-out
could result in inaccurate calculations since the applicants were not sure how
the project would develop during Phase II and beyond.
The Board agreed to set a date of May 16, 2005 to open the public hearing.
(At this point, David Wright arrived and Paul Telesca left)
Anderson Commons – Baxter Road, Fisk Street and Glen Ridge Road – Subdivision
Plat
Darin Dekoskie from Morris Associates and Keith Lore were present to continue
the discussion from March 7, 2005 of an application for Subdivision Plat
Approval (Sketch Plan) to create 51 residential building lots ranging from .12
acres on up and an open space lot from a 65.3-acre parcel, partially in the
Village of Red Hook and partially in the R1 District in the Town of Red Hook.
The Chair began by summarizing the Agricultural Advisory Committee’s referral
response, which generally favored this particular project but urged the Board
to protect the open space.
She then summarized comments made by Dutchess County Planning. Mr. Dekoskie
said that he would respond.
Mr. Dekoskie said that Morris Associates was working on a drainage analysis
and had initiated a traffic study conducted by Collins.
Mr. Dekoskie went on to say that although the Town zoning regulations required
the proposed road between Glen Ridge Road and Fisk Street be 26 ft. in width,
Dutchess County Planning recommended a width of 20 feet. Ms. Greig said most
municipalities were rewriting their requirements to specify narrower roads of
18 to 20 feet. The Board generally agreed that narrower roads slowed down
traffic speed but that the road must be wide enough to accommodate emergency
vehicles turning into and out of the development. Mr. Dekoskie said that the
Red Hook Town Fire Chief had reviewed the road and found it adequate. Ms.
Greig said that the Planning Board could write an opinion and make
recommendations to the Town Board. The Town Board could then discuss the
recommendations with the Highway Superintendent.
Mr. Dekoskie said that the interior roads of the development would be wider to
allow for parking on one side. At the request of the Board, he said he would
submit a street diagram.
Finally Mr. Dekoskie said that the original storm-water drainage plan had been
revised and the large above-ground retention basin removed. Storm water would
now drain into underground filtration basins which would distribute the water
so that it could be filtered through the subsoil.
The project was tentatively scheduled for a reappearance before the Board on
May 16, 2005.
REGULAR SESSION (NEW BUSINESS)
Bard College/ Soccer Field Expansion – Campus Road (Annandale) – Site Plan
John Gall and Kristen Hall of Bard College, Jim Catella of the Clark Company,
Darin Dekoskie of Morris Associates, and Brian McCarty of Musco Lighting
appeared before the Board with an application for Site Plan Approval to
authorize renovations to an existing 252 ft. x 400 ft. soccer field and the
creation of a 261 ft. x 360 ft. soccer field in the Institutional (I)
District.
Mr. Gall said that the College planned to include lighting in the renovation
of the existing field but that the new field would not be lighted.
Mr. Catella said that the renovated field would be a high-end field with 6
light poles. He said that the lights would be environmentally disciplined yet
provide safety for the athletes. He referred to the lighting plan which he
said showed that light levels would quickly drop to zero a short distance away
from the field. Visors and shields on the lights would prevent lighting
spills, sky glow and glare. He said that reducing the number of poles would
necessitate raising the height of the remaining poles and increasing the
number of lights on each pole.
Mr. Gall said that there would be no additional parking area, that very few if
any trees would be removed from the site and that the College archaeologist
had already begun his report.
Kristen Hall said that the field would be lit only for the home night soccer
games. Some home games occur on weekends during the day, she said, so not all
home games would require the lights.
Ms. Greig said that since the College was in the Historic Landmarks District
Overlay, a full EAF was necessary as well as a visual addendum. She said that
the Villages of Tivoli and Saugerties should be included as interested
agencies since the lights may be visible from those locations. Because of its
proximity to a county road, the project must also be referred to Dutchess
County Planning. Mr. Catella and Mr. Gall agreed to float balloons to the
projected height of the poles and to take pictures from various locations on
and away from the campus in order to evaluate the visibility of the poles.
Newspapers would be asked to publish the date of these balloon floats as well
as a rain/wind date. Legal notices would also be published.
The project was tentatively scheduled for May 2, 2005, at which time the Board
would vote on a resolution of Intent to serve as Lead Agency for the SEQR
review.
Red Hook Terminal South – 7269 South Broadway – Site Plan
John Sullivan of Day Engineering and Brian Bottini were present with an
application to authorize the conversion of an existing 1,347 sq. ft.
residential building to retail space on a 0.46-acre parcel in the B1 District.
Mr. Bottini said that this application was the continuation of a previous
application to allow an antiques store on the site. During the earlier
discussions, finding locations for a sufficient number of parking spaces had
been a problem.
Ms. Greig said that because the building had housed a gas station and a dry
cleaning business in the past, she recommended first testing the well for
petroleum, solvents, and MTBE. She also said that the parking spaces should
be located to the side or rear of the building and that the applicant should
consider landscaping and possibly installing a sidewalk in the front. In
addition, she said he should show existing and proposed trees on his site plan
and should try to reduce the number of curb cuts if possible. She said that
the red maple proposed for a location near the street would not be
salt-tolerant and suggested the applicant choose a more suitable species.
Finally, she said that because the project was located on a State road, it
must be referred to Dutchess County Planning for review.
Mr. Bottini said that the septic tank was located a short distance behind
the building, which precluded paving that area. John Hardeman asked whether
there was a concrete area immediately behind the building and whether that
area could be considered a location for three employee parking spaces. The
applicant and the Board generally agreed that this plan might be a solution.
Ms. Greig said that while sidewalks are generally prohibited on a State
right-of-way, applicants could request permission to install one.
Finally, the applicant was told that any work he chose to undertake before his
site plan was approved would be at his own risk.
John Hardeman made a motion to adopt an offered resolution to establish the
Board as Lead Agency for the project under SEQR. Charles Laing seconded the
motion, and all members present voted in favor.
Red Hook Terminal North – 7269 South Broadway – Site Plan
John Sullivan and Brian Bottini were present with an application to authorize
conversion of a 1,200 sq. ft. existing residential building to office space
on a 1.37-acre parcel in the B1 District.
The Board and the applicant generally agreed to defer consideration of the
application until the applicant decided on a tenant or use for the building.
ADJOURNMENT
Upon being advised by the Chair that there was no further business to come
before the Board, John Hardeman made a motion to adjourn the meeting. David
Wright seconded the motion, and all members voted in favor. The meeting was
adjourned at 10:40 p.m.
Respectfully submitted
Paula Schoonmaker
Assistant Clerk to the Planning Board
Attachments
Resolution granting Conditional Final Subdivision Plat Approval to Devereux
Foundation
Negative SEQR Declaration for proposed Devereux Subdivision
Resolution granting Amendment to Special Permit to Devereux Foundation
Resolution Granting Subdivision Plat Approval
Date: April 18, 2005
Name of Project: Devereux Subdivision
Name of Applicant: Devereux Foundation
Motion made by John Hardeman
Seconded by Charles Laing
Whereas, the Town of Red Hook Planning Board has received an
application for subdivision approval for a proposed two lot subdivision of a
±59.60 acre parcel located on Route 9 in the Institutional (I) District and
the Scenic Corridor Overlay (SC-O) District in the Town of Red Hook; and
Whereas, the parcel is located within a certified agricultural
district, the applicant submitted an Agricultural Data Statement, and the
Planning Board forwarded said statement to all owners of farm operations
within 500’ of the subject parcel; and
Whereas, the application is subject to the Town’s Important
Farmlands Law and the Planning Board forwarded the application to the Town’s
Agricultural and Open Space Advisory Committee for its review and comments;
and
Whereas, the Planning Board considered the comments on the
Agricultural Data Statement and review responses from the Agricultural and
Open Space Advisory Committee in its review of the application; and
Whereas, the Planning Board declared itself Lead Agency for the
proposed action, reviewed the EAF Part 1, and adopted a Negative Declaration
for the proposed action on April 18, 2005; and
Whereas, the Planning Board held a Public Hearing on the
Subdivision application on April 18, 2005.
Now therefore be it resolved, that the Planning Board approves the
subdivision plat subject to the following condition:
1. New plantings of evergreen trees will be shown on the plat west of the
proposed structure so as to screen the structure from the Route 9 corridor.
Roll Call Vote:
Member Jennifer Fier absent
Member John Hardeman yes
Member Charles Laing yes
Member Sam Phelan absent
Member Paul Telesca yes
Member David Wright absent
Chair Christine Kane yes
Resolution declared: APPROVED
Resolution Certified, Filed with the Town Clerk and Mailed
to the Applicant
____________________________________________________
Paula Schoonmaker, Assistant Clerk to the Board Date
617.7
State Environmental Quality Review (SEQR)
Negative Declaration
Notice of Determination of Non-Significance
Date of Adoption: April 18, 2005
This notice is issued pursuant to Part 617 of the implementing regulations
pertaining to Article 8 (State Environmental Quality Review Act) of the
Environmental Conservation Law.
The Town of Red Hook Planning Board, as Lead Agency, has determined that the
proposed action described below will not have a significant effect on the
environment and a Draft Environmental Impact Statement will not be prepared.
Name of Action: Devereux Subdivision and
Amended Special Use Permit
SEQR Status:
Type I
o
Unlisted
þ
Conditioned Negative Declaration:
o
YES
þ
NO
Description of Action: The applicant proposes to subdivide a ± 59.60 acre
parcel into two (2) lots, a ± 5.2 acre residential building lot and a ± 54.4
acre lot that is currently in an institutional use. The property is located
in the Institutional (I) District and the Scenic Corridor Overlay (SC-O)
District. The proposed use of the ± 5.2 acre lot is a community residence, a
permitted use in the I District. An existing house on the property will be
demolished. A one-story community residence to house eight (8)
developmentally disabled adults will be constructed. The community residence
will be served by an individual well and septic system, and the property will
be accessed from a common driveway. The applicant seeks an Amended Special
Use Permit for the Devereux Alternative-Care Facility on the remaining ± 54.4
acre lot.
Location: Route 9, Town of Red Hook, Dutchess County NY
Reasons Supporting This Determination:
1. The Town of Red Hook Planning Board has given due consideration to the
subject action as defined in 6 NYCRR 617.2(b) and 617.3(g).
2. After reviewing the Environmental Assessment Form (EAF) for the action
dated February 1, 2005, the Planning Board has concluded that environmental
effects of the proposal will not exceed any of the Criteria for Determining
Significance found in 6 NYCRR 617.7(c).
3. The project site is located in the Town’s SC-O District. An existing
structure will be removed and replaced with a new structure located further
from the road. The new structure will be located in excess of 200 feet from
Route 9, in compliance with the Town’s SC-O District regulations. The project
will be partially screened by topography and existing vegetation, and
additional vegetation will be planted to further screen the structure from
Route 9. The Planning Board finds that these measures will mitigate impacts
on aesthetic resources to the greatest extent practicable.
4. The project site is located within a certified agricultural district
and is subject to the Town of Red Hook’s Important Farmlands Law. An
Agricultural Data Statement was prepared by the applicant and forwarded by the
Planning Board to all owners of farm operations within 500’ of the subject
parcel. The Planning Board forwarded the application to the Town of Red Hook
Agricultural and Open Space Advisory Committee for its review. The Planning
Board considered comments on the Agricultural Data Statement and review
responses from the Agricultural and Open Space Advisory Committee in its
review of the application. The project site possesses Soils of Statewide
Importance and has been used for grazing in the past, abutting orchards that
are no longer maintained. The property has already been developed, and
replacing the existing structure with a new structure will have little or no
impact on the potential agricultural use of the site or on adjacent farmlands
and agricultural operations. The Planning Board finds that that no impacts on
agriculture are anticipated and therefore no mitigation is required.
5. The Planning Board has determined that, subsequent to the subdivision
of ± 5.2 acres of land from the existing ± 59.6 acre parcel, the existing
“alternate-care facility” located on the remaining ± 54.4 acre parcel complies
with the special conditions for Special Use Permits and “alternate-care
facilities” in the Town of Red Hook Zoning Law.
For Further Information:
Contact Person:
Address:
Telephone:
Betty Mae Van Parys, Planning Board Clerk
7340 South Broadway
Red Hook, NY 12571
845-758-4613
A Copy of this Notice Filed With:
Town of Red Hook Planning Board (Lead Agency)
Marirose Blum Bump, Town Supervisor
Town of Red Hook Town Board
Dutchess County Department of Health
Resolution Amending Special Use Permit
Date: April 18, 2005
Name of Project: Devereux Alternate Care Facility
Name of Applicant: Devereux Foundation
Motion made by John Hardeman
Seconded by Charles Laing
Whereas, the Town of Red Hook Planning Board has received an
application for an Amended Special Use Permit dated March 21, 2005 for the
Devereux Foundation located on Route 9 in the Institutional (I) District and
the Scenic Corridor Overlay (SC-O) District in the Town of Red Hook; and
Whereas, the Devereux Foundation was granted a Special Use Permit on
May 4, 1988; and
Whereas, the existing use of the parcel is an “alternate-care
facility” which is subject to the provisions of the Town’s Zoning Law §143-50
and §143-51 governing Special Use Permits and §143-74 governing
“alternate-care facilities;” and
Whereas, the Devereux Foundation proposes to subdivide the ± 59.6
acre parcel into two lots consisting of ± 5.2 acres and ± 54.4 acres; and
Whereas, the Planning Board has reviewed the provisions of the
Zoning Law governing Special Use Permits and “alternate-care facilities” in
addition to a site plan of the Devereux Foundation and calculations provided
by the applicant for building coverage and open space; and
Whereas, the Planning Board has determined that, subsequent to the
subdivision of ± 5.2 acres of land from the existing ± 59.6 acre parcel, the
existing “alternate-care facility” located on the remaining ± 54.4 acre parcel
will comply with the special conditions for Special Use Permits and
“alternate-care facilities” in the Town of Red Hook Zoning Law; and
Whereas, the parcel is located within a certified agricultural
district, the applicant submitted an Agricultural Data Statement, and the
Planning Board forwarded said statement to all owners of farm operations
within 500’ of the subject parcel; and
Whereas, the application is subject to the Town’s Important
Farmlands Law and the Planning Board forwarded the application to the Town’s
Agricultural and Open Space Advisory Committee for its review and comments;
and
Whereas, the Planning Board considered the comments on the
Agricultural Data Statement and review responses from the Agricultural and
Open Space Advisory Committee in its review of the application; and
Whereas, the Planning Board declared itself Lead Agency for the
proposed action, reviewed the EAF Part 1, and adopted a Negative Declaration
for the proposed action on April 18, 2005; and
Whereas, the Planning Board held a Public Hearing on the Amended
Special Use Permit application on April 18, 2005.
Now therefore be it resolved, that the Planning Board approves the
amendment to the Special Use Permit.
Roll Call Vote:
Member Jennifer Fier absent
Member John Hardeman yes
Member Charles Laing yes
Member Sam Phelan absent
Member Paul Telesca yes
Member David Wright absent
Chair Christine Kane yes
Resolution declared: APPROVED
Resolution Certified, Filed with the Town Clerk and Mailed to the Applicant