draft
Town of Red Hook Planning Board
Meeting Minutes
June 20, 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 — Jennifer Fier, John Hardeman, Charles Laing, Sam Phelan,
David Wright and Chair Christine Kane. Paul Telesca was absent. Planning
Consultant Michele Greig and Town Board liaison Jim Ross were also present.
BUSINESS SESSION
Christine Kane confirmed the meeting agenda as published.
The minutes of the June 6, 2005 meeting had been sent to the Members and
reviewed. Jennifer Fier made a motion to accept those minutes. Charles Laing
seconded the motion, and all members present voted in favor.
Christine Kane reminded the members about the SEQR workshop to be given June
22, 2005 at 7:30 p.m. at the Town Hall. She also announced a dinner meeting on
July 7, 2005 given by the Dutchess County Supervisors & Mayors Association.
The featured speaker was Professor Nolan of Pace University.
PUBLIC HEARINGS
Daniel Colnaghi – Route 9G – Subdivision Plat/ Lot Line Alteration
Marie Welch, L.S., was present for a continuation of the public hearing on an
application to create one (1) new 5.147-acre lot by revising the Lot Lines of
“Lot 2”, “Lot 3B”, and “Lot 3C”, all from a 25.438-acre parcel (Amendment to
Filed Map #9575) on the east side of Route 9G, 1200 ft. north of Route 199, in
the RD3 District.
Ms. Welch said that she had submitted a letter from Joseph Berger, P.E., L.S.,
stating that the site could accommodate a water supply and sewage disposal
system. She had also submitted an application for Final Plat Approval as well
as the completed Local Waterfront Revitalization Plan Consistency Form. She
then explained the project to the Board and to the public.
Christine Kane asked if there was any comment from the public. There was none.
Christine Kane read a response from the Farmland Protection Board saying that
this proposed subdivision would have no adverse effect on agriculture
Christine Kane then read a letter from Town Attorney Al Trezza, who had
responded to note #4 on the subdivision plat, which said that the owners of
Revised Lot 2 and Revised Lot 3B would not be permitted to utilize existing
frontage on NYS Route 9G without the approval of the NYS DOT and the Town
Planning Board. Some members of the Planning Board had wanted that note to
totally preclude such access onto Route 9G. Mr. Trezza said that each lot in
the subdivision had adequate frontage for legal ingress and egress from NYS
Route 9G and that while Lots 2 and 3B currently accessed NYS 199 via a private
road, access onto Route 9G could not legally be banned forever.
Christine Kane and Sam Phelan said that the Board should be concerned both
with preserving the scenic corridor and with limiting curb cuts onto Route 9G
as a safety issue. Jennifer Fier said that further subdivision of Lot 3C could
add yet another curb cut onto Route 9G.
The Board and Ms. Welch agreed to revise the annotation to state that should
the owner of Lot 2 ever desire or need access onto Route 9G, he or she must
share a driveway and curb cut with Lot 5 via an easement. Likewise, Lot 3B and
Lot 3C, together with any subsequent subdivisions of these Lots, must share a
single curb cut onto Route 9G.
The Board then considered whether the project was consistent with the Town’s
Local Waterfront Revitalization Plan. David Wright made a motion that the
project be considered consistent with the Plan. Charles Laing seconded the
motion, and all members present voted in favor.
Ms. Greig said that in considering the SEQR determination, the Board should
review the project’s impact on aesthetic and historic resources. David Wright
made a motion to issue a Negative Declaration for the project. Sam Phelan
seconded the motion, and all members voted in favor.
Christine Kane then closed the public hearing.
Christine Kane then read the draft of an offered resolution granting Final
Subdivision Plat Approval with several conditions. Ms. Welch said that
condition # 1, requiring Board of Health approval of Lot 5, was impossible and
must be changed to requiring certification by a licensed engineer stating that
BOH approval was possible Jennifer Fier said that a condition should be added
which reflected the previous discussion about limiting the number of curb cuts
onto Route 9G.
Jennifer Fier then made a motion to adopt the revised resolution. Sam Phelan
seconded the motion, and all members were in favor. A copy of that resolution
is attached to, and made part of, these minutes.
REGULAR SESSION (OLD BUSINESS)
Bard College / Village Dorm Expansion – Annandale Rd. and Cruger Island Rd.
(Annandale) – Site Plan
Pete Setaro, P.E., of Morris Associates, Chuck Simmons from Bard, and Brad
Will of Ashokan Architecture were present for further discussion of an
application for Site Plan Approval for dormitory buildings, approximately
4,600 sq. ft. each, to be built in two phases, two buildings in the initial
phase and two at a later time, with associated site improvements, within the
Institutional (I) and Hudson River National Historic Landmarks Districts.
Mr. Setaro explained the project, saying that two dorms would be built during
the first phase of the expansion and that the access road would be used only
by maintenance and emergency vehicles. He said that he had applied to the
Department of Public Works and hoped to have approval for that access road
soon. He said that there would be three lights along the access road in front
of the dorms and two more on the walkway connecting these dorms with the other
dorms in the complex. These lights would match the 12 ft. high lights already
used along walkways on the Bard campus. A lantern light would be placed to the
side of each doorway. He said the geothermal heating and cooling system would
use the same well fields used by the earlier Village Dorms. He concluded by
saying that the Board of Health was ready to issue approval as soon as the
Planning Board made a SEQR determination.
Mr. Will said while the original Village Dorms were contemporary in style,
these dorms would exhibit decorative elements and rooflines from the historic
Italianate buildings in the neighborhood. He said that the angled window
frames and angled dowels along the bargeboard gave a somewhat modern
interpretation to the Victorian elements. He said the colors would be muted,
existing trees would be preserved as much as possible, and permeable concrete
would be used for the roadways. These dorms would have the same floor plan as
the earlier Village dorms.
Ms. Greig said that since Annandale Road had been designated a Scenic Corridor
by the Town, Bard must use double setbacks, hide the dorms with vegetation [as
described in section 143-48 B 5 (b)], or seek a variance from the ZBA. Mr.
Setaro said that Annandale Road was a user highway, not a dedicated highway,
and therefore the double setbacks did not apply. Rather, he said, section
143-20 of the Zoning Regulations dictated adding 25 feet to the required front
yard setback to establish the building line. Ms. Greig said that the road was
in the Scenic District Overlay and as such was governed by the double setback
requirement.
Mr. Setaro noted that double setbacks were not required of the earlier Village
Dorms. Sam Phelan said that those dorms were nearly hidden from the road;
these would not be. The Board generally agreed that these proposed dorms would
be an attractive asset to the neighborhood and that historically, such
buildings were set close to the road. While the Board hoped that Bard would
use historic landscaping near the buildings, such landscaping would not hide
the buildings and therefore could not be considered an alternative to the
double setback requirement. The Board generally agreed that seeking a variance
from the ZBA would be the best way to comply with the regulations.
Mr. Setaro said that Chris Lindner would submit the archaeology report to NYS
Office of Parks, Recreation and Historic Preservation on Tuesday, June
21,2005. He agreed to forward a copy to the Planning Board office. He said
that updated drawings would show the access road bypassing any
archaeologically significant areas. Finally, he submitted the completed LWRP
Consistency Form.
Mr. Setaro also said that 40 extra spaces in existing parking areas would
serve the new dorms. He also said that he had contacted the Natural Heritage
Program asking for a report on any possible endangered species on the site.
The Board asked Mr. Setaro to submit architectural elevations of the proposed
dorms, manufacturer’s cut sheets of the proposed lighting along the pathways
and the lanterns near the doors. Sam Phelan asked Mr. Will to submit
additional architectural details of the proposed buildings.
A public hearing was scheduled for July 11, 2005.
7 Pines, LLC – Norton Road – Subdivision Plat
Tom Mannix, P.E., Tom LeGrand, and Donald Wise were present for further
discussion of an application for subdivision plat (sketch plan) approval to
create six (6) residential building lots ranging from 5+ acres to 40+ acres
from a total 126.7-acre parcel on both sides of Norton Road in the RD3
District.
Christine Kane read the referral response from the Agricultural and Open Space
Advisory Committee, which concluded that a satisfactory farmland protection
plan had not been put in place.
Mr. LeGrand explained that the applicant was willing to preclude further
subdivision of the lots either by deed restrictions or by conservation
easements. He added that the team had placed the building envelopes on the
less valuable soils and out of sight of the road to the greatest extent
possible. He said that these building envelopes could also be spelled out in
the deed restrictions. Christine Kane reminded him that the Town was unable to
enforce deed restrictions.
Ms. Greig said that the Town Subdivision Regulations state that the Planning
Board shall mandate, as far as practicable, clustering. Mr. LeGrand said that
clustering on this parcel was not possible because of the wetlands and the
slopes.
Following up on Mr. Wise’s explanation that he had bought the land primarily
to protect his viewshed and the street on which his family had owned a farm
for decades, Christine Kane asked Mr. Wise if he had considered putting the
land into a conservation easement which would also give him gain tax relief.
Mr. Wise said no, that he would rather have the flexibility of the
subdivision. He said that each of the six proposed lots had a unique quality.
Mr. Mannix said that he had hired a certified wetlands expert to flag the
wetlands. Ms. Greig said that Mr. Mannix’s map had only shown wetlands on the
west side of Norton Road. Hickory Creek Consulting, the independent third
party verification firm, had found previously unflagged wetlands on the east
side of Norton and had found the wetlands on the west side to be larger than
previously thought.
Mr. Mannix said that for the most part, the proposed building envelopes
avoided the valuable soils and had been placed so that, when built, the houses
would be hidden from the road. The house on Lot 1 would be in the woods, the
house on Lot 3 would be tucked behind a rock outcrop, the house on Lot 4 would
be in the woods, the house on Lot 5 would be 150 feet behind a pond, and the
house on Lot 6 would be at the edge of a field, not visible from the road. The
house on Lot 2 was existing.
Christine Kane asked if an old farm road could act as a shared driveway. Mr.
Mannix said the incline was too steep.
The Board determined that the applicant should submit a new map with all the
wetlands accurately delineated. This map should also show the soils, the
proposed building envelopes and the proposed driveways. The applicant should
reduce curb cuts to the fewest possible.
The Board also determined that the applicant should include an notation on the
plat, similar to the Ag & Markets notation for agricultural land, advising
prospective buyers that the parcel is located near the Old Rhinebeck Aerodrome
and that they should expect noise and traffic associated with that facility.
The project was tentatively scheduled to return to the agenda on July 25,
2005.
REGULAR SESSION (NEW BUSINESS)
Historic Hudson Valley – Farm Lane (Annandale) – Site Plan
David Parsons and Geoff Carter of Historic Hudson Valley were present with a
conceptual plan for driveway and parking modifications on a section of a total
161- acre parcel in the Institutional (I) District.
Mr. Parsons described HHV’s intention to restore North, Swiss and, if
possible, Spur Cottages so that they can eventually be available for rent. He
said that HHV’s current plan is, for the most part, consistent with the site
plan submitted and approved by the Planning Board in 1988. Whereas eight (8)
parking spaces visible from Annandale Rd were shown on the 1988 plan, the
modified plan showed ten (10) parking spaces located behind the buildings.
These spaces would be accessed by an old farm road which HHV had planned to
uncover and use in the earlier plan but had not yet done so.
Mr. Carter said that HHV also planned to renovate the water and sewer systems,
using an existing pump house, and to replace the overhead electric wires with
underground service. He said that the buildings would be restored but not
changed and that appropriate residential lighting would be used.
Christine Kane said that the Board must decide whether the proposed
modifications were substantial enough to require a new site plan review and
approval. As a Type 1 action, the project would be subject to a coordinated
review, although since it was in the Institutional District, no hamlet review
would be necessary. Ms. Greig said that since Montgomery Place was not an
educational campus, HHV was not required to submit a master plan.
The Board determined by consensus that the proposed modifications did not
require site plan review and approval. The Board would draft a letter saying
that it had reviewed the project and, through administrative action,
determined that further review was not necessary. The Board would request a
letter stating which agency would be conducting the project’s SEQR review,
however.
Ragnar Manor Farm/ DiStefano– 91 Sengstack Lane (Tivoli) – Subdivision Plat
Candice DiStefano was present with an application to create one new 10-acre
lot and an approximately 18.286-acre remaining lands lot from an approximately
28.286-acre parcel in the LD (Limited Development) and Certified Agricultural
Districts.
Ms. DiStefano explained that Robin Logan, who owned the parcel across
Sengstack Lane, wished to buy the proposed new 10-acre lot in order to protect
her view from possible future development. Ms. Logan would give Ms. DiStefano
lifetime use of that 10 acres, however, so that Ms. DiStefano’s horse farm
business would not be jeopardized. Ms. DiStefano added that she was pursuing
inclusion in the PDR program at the same time she was seeking subdivision
approval and would continue with her plan to subdivide if she was unable to
secure a place in the PDR program.
The Board determined the project to be a Type 1 action under SEQR. Jennifer
Fier made a motion to establish the Planning Board as Lead Agency, David
Wright seconded the motion, and all members present voted in favor. Copies of
the project would be circulated to the Village of Tivoli and NYS Office of
Parks, Recreation and Historic Preservation as interested agencies.
The Board also directed Ms. DiStefano to complete and submit an Agricultural
Data Statement and a Local Waterfront Revitalization Plan Consistency Form.
The project was scheduled to return on the August 1, 2005 agenda.
Holsapple/ Coon – 23 Metzger Road – Lot Line Alteration
Jacqueline Holsapple and Glen Coon were present with an application to convey
0.097 acres from the 0.80-acre Lands of Oakleigh Holsapple to the adjoining
Lands of Glenn Coon, located in the B1 District.
Ms. Holsapple explained that when she subdivided her parcel and sold the
resulting building lot to Mr. Coon years ago, she assumed that a certain
monument defined the boundary between the two lots. When Mr. Coon’s lot was
recently surveyed, it was found that the true boundary line made Mr. Coon’s
lot smaller and that his house no longer had the required setbacks. This lot
line alteration would serve to restore the correct setbacks.
Christine Kane noted that while both lots were of a substandard size, the ZBA
had already granted a variance in that matter.
David Wright made a motion to establish the Planning Board as lead agency for
the SEQR review. Jennifer Fier seconded the motion, and all members present
voted in favor.
The Board scheduled the project to return on the July 11, 2005 agenda.
OTHER BUSINESS
Ms. Greig said that a number of situations had arisen during the past months
which she believed required revision or clarification of the Zoning and
Subdivision Regulations. She specifically mentioned that the cluster
regulations and farm law provisions should be revised and that the desired
subdivision form should be redefined as a conservation subdivision. She also
said that the Town should have lighting guidelines and regulations for
Traditional Neighborhood Development. She said that the Town Supervisor had
asked her to draft such revisions and guidelines for the Planning Board’s
review and referral to the Town Board. The Planning Board agreed.
ADJOURNMENT
Advised by Chair Christine Kane that there was no further business to come
before the Board, John Hardeman made a motion to adjourn. Sam Phelan seconded
the motion, and all members present were in favor. The meeting was adjourned
at 11:20 p.m.
Respectfully submitted
Paula Schoonmaker, Assistant Clerk to the Planning Board
Attachments:
Resolution granting Final Approval to the Daniel Colnaghi Subdivision
Resolution Granting Final Lot Line Alteration and
Minor Subdivision Plat Approval
Name of Project: Colnaghi Lot Line Alteration and Subdivision
Name of Applicant: Daniel Colnaghi
Date: June 20, 2005
Whereas, the Town of Red Hook Planning Board has received an application for
final approval for a minor subdivision and lot line alteration from Daniel
Colnaghi dated June 14, 2005 to create a new lot of ±5.147 acres by taking
±2.291 from an existing lot identified as “Lot 2,” ± 0.868 acres from an
existing lot identified as “Lot 3B,” and ±1.989 acres from an existing lot
identified as “Lot 3C;”
Whereas, after the revisions, the size of Lot 2 will be 9.097 acres, Lot 3B
will be 5.274 acres, and Lot 3C will be 7.548 acres; and
Whereas, the parcels are located on the east of NYS Route 9G and north of NYS
Route 199 in the RD3 Zoning District and the Scenic Corridor Overlay District
in the Town of Red Hook, Dutchess County, New York; and
Whereas, parcels are located within a certified agricultural district and the
applicant submitted an Agricultural Date Statement dated May 2, 2005, which
the Planning Board forwarded 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
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 new Lot 5 is in excess of 5 acres and the applicant has submitted
certification by a licensed professional engineer, as permitted by Section
120-18G(2) of the Subdivision Regulations, stating that it is likely that a
suitable individual on-site water supply may be developed on the lot, and an
approved individual sewage disposal system exists on the lot; and
Whereas, the applicant has submitted a letter from the New York State
Department of Transportation giving conceptual approval to a curb cut to serve
the new Lot 5; and
Whereas, the Planning Board declared itself Lead Agency for the proposed
actions on June 6, 2005, reviewed a Full Environmental Assessment Form Part 1
dated May 2, 2005, prepared a Part 2 EAF and adopted a Negative Declaration
for the proposed actions on June 20, 2005; and
Whereas, the Planning Board has determined that the subdivision is consistent
with the Local Waterfront Revitalization Plan; and
Whereas, the Planning Board held a Public Hearing on the Lot Line Alteration
and Subdivision application on June 6, 2005, which hearing was continued on
June 20, 2005.
Now therefore be it resolved, that the Planning Board grants conditional
approval to the Daniel Colnaghi Minor Subdivision and Lot Line Alteration
subject to the following conditions:
1. A note added to the subdivision plat advising of applicable Health
Department permit requirements which must be met prior to the issuance of a
building permit by the Town of Red Hook.
2. Annotation of the subdivision plat requiring Lot 2 and the new Lot 5 to
share one (1) curb cut on NYS Route 9G should Lot 2 require such access.
Likewise, annotation indicating that Lot 3B and Lot 3C, and any lots created
by subsequent subdivision of those lots, must share one (1) curb cut on NYS
Route 9G, should those lots require such access.
3. Draft copy of easement allowing Lot 2 access to NYS Route 9G through Lot 5.
4. Annotation of the subdivision plat with appropriate required notation with
respect to location within a Certified Agricultural District.
5. Payment of 1-lot recreation fee to the Town of Red Hook.
6. Payment to the Town of Red Hook of any outstanding fee amounts and
reimbursement to the Town of costs incurred in reviewing the application.
7. 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.
On a motion by Jennifer Fier, seconded by Sam Phelan
Roll Call Vote:
Jennifer Fier: yes
John Hardeman yes
Charles Laing yes
Sam Phelan yes
Paul Telesca absent
David Wright yes
Chair Christine Kane yes
Resolution Approved
The Chair is authorized to stamp and sign the mylar and plats when the above
cited conditions are met.
Resolution Certified, Filed with the Town Clerk and Mailed to the Applicant