Planning Board Meeting 10/17/11 Minutes

October 17, 2011

 

PRESENT:   Michael Trimble, Chair

                        Melodye Moore, Vice-Chair

                        F. Woody Dierze'                                                                                          Sharon Sherrod

                        Jesse Hewitt

                        Richard Murray

Art Brod, Planning Consultant

                       

 

CALL TO ORDER / DETERMINATION OF QUORUM

 

The Chairman called this meeting to Order at 6:30 pm and determined a quorum to be present for the conduct of business.   He noted Joan Winne is absent from this meeting and, therefore, Planning Consultant Art Brod is serving as Acting Secretary for this session.

 

 

BUSINESS SESSION

 

• Confirmation of Agenda. Chairman Trimble stated the Agenda would stand as posted with two additions: (1) presentation of modified exterior architectural plans for Gardens Phase II and (2) consideration of a resolution prepared by the Planning Board Attorney implementing the NYS Supreme Court's recent decision in the matter of CSI Developers, LLC, v. the Town of Rhinebeck Planning Board.

 

• Meeting Minutes. Chairman Trimble stated the Minutes of the Special Meeting of June 20, 2011, and the Regular Meeting of September 19, 2011, have not yet been presented by the Clerk for consideration of their acceptance by the Planning Board.

 

• Acceptance of Meeting Notes. A motion was made by Melodye Moore and seconded by F. Woody Dierze' to accept the Planning Consultant's meeting notes as a working document. The motion was carried unanimously by Members present.

 

• Correspondence and Other Announcements.

 

-          Chairman Trimble advised the Town Board has conducted interviews of the two applicants, Robert Babirad and Robert Donaldson, for the remainder of the term previously held by Mitchell Markay.  He anticipated an appointment would be made prior to the November 21, 2011, Planning Board meeting.

 

 

-          Chairman Trimble reported the NYS Supreme Court's decision in the matter of CSI Developers, LLC, v. the Town of Rhinebeck Planning Board and stated a full copy of the decision has been provided to each Board member.

 

-          Chairman Trimble reported receipt of a copy of a September 28, 2011, letter from NYSDEC to Vincent P. Kinlan advising the Application made to NYSDEC under the Mined Land Reclamation Law for Expansion of the Kinlan Soil Mine --- Interim Proposal has been deemed incomplete by DEC particularly in its consideration of habitat mitigation and pond design (slopes and depth).

 

-          Chairman Trimble reported the recent resignation / retirement of Town Zoning Administrator John Maasz.  Discussion occurred of the importance of this position to the processing of applications for site plan approval and special use permit.  Upon recommendation of F. Woody Dierze' and with the concurrence of the Board the Chairman was directed to correspond immediately with the Town Board as to the urgency of this position being filled either through a permanent or acting appointment.

 

-          Chairman Trimble reported drafts of proposed amendments to the Town's Zoning Law and modifications to the Fee Schedule have been presented to the Town Board.  He anticipated the proposed amendments to the Zoning Law would be sent to the Planning Board for required review and recommendation in the near future.  

 

 

PUBLIC HEARINGS

 

Rhinebeck Gardens Group, LLC - Garden Way to Astor Drive - Special Use Permits, Site Plan Approval and Wetlands Permit (Overall Landscape Buffer Plan & Pedestrian Trail System)

 

At 6:35 p.m. Chairman Trimble opened this combined Public Hearing on Applications for Special Use Permit, Site Plan Approval and Wetlands Permit by Rhinebeck Gardens Group LLC for the Overall Landscape Buffer Plan & Pedestrian Trail System for Gardens at Rhinebeck.  The Acting Secretary read the annexed Notice of Public Hearing and stated the Clerk has advised that the satisfaction of all required notice, publication and posting requirements under the Zoning Law and the Wetlands Law has been documented.  The Acting Secretary noted a single written comment has been received, that being the further annexed letter dated October 13, 2011, from Peter Ilani.

 

 

 

 

Chris Lapine, P.E., Project Engineer from The Chazen Companies, appeared on behalf of the Applicant in tandem with Project Developer, David Silver.  Mr. Lapine described the overall plan including re-location of the major portion of the proposed trail to the easterly conservation parcel extending from Astor Drive to the boundary of the Rhinebeck Town Highway Department parcel, development of an 8-car gravel-surfaced parking lot at Astor Drive, depicted planting locations for 102 deciduous and coniferous trees within the perimeter buffer area, restoration of the trail developed as part of Phase I, and a reservation of some 25 to 50 additional trees that will be located during an upcoming field visit involving the Applicant, the Town and contiguous property owners.  Mr. Lapine further noted Winnakee Land Trust has agreed to maintain the trail system following its installation.

 

Ronald McDonald, a neighbor to the north, raised the issue of an underground stream in the vicinity of his property that was previously discussed with then Town Engineer Dan Wheeler.  Mr. Lapine said he was not aware of either the stream or the discussion but would review this matter with Mr. McDonald.

 

Planning Board Members Richard Murray and Melodye Moore reported on the field visit they conducted upon delegation of the Board.  They noted planting was occurring according to the plan and was quite satisfactory in terms of location, type, number and size.

 

Planning Consultant Art Brod noted a letter has been received from the Winnakee Land Trust stating satisfaction with the proposed trail plan and confirming its acceptance of long-term maintenance responsibility as indicated by Mr. Lapine.

 

Planning Consultant Art Brod also noted referral response from the Dutchess County Department of Planning and Development stating the Application subject of this Public Hearing is "a matter of local concern".

 

Mr. McDonald asked whether the new trail will intersect the old trail.  Mr. Lapine stated "no" while noting a person could link between the two by walking across the Highway department parking lot.

 

Peter Ilani questioned the use of the term "buffer".  He stated his property shares 1100 feet of boundary with Gardens at Rhinebeck and that only three trees are shown on the planting plan along the entire boundary.  Mr. Ilani submitted to the Chairman a photo of the view from his deck.  Upon request by the Chairman, Mr. Ilani stated no need to read his letter of October 13, 2011.

 

A discussion occurred of the scheduling of the field visit to locate appropriate locations for the 25 to 50 additional trees.  It was agreed by the Applicant, interested public, CAC representative and the Board that all parties with interest

 

in this matter should meet at the Gardens Clubhouse parking lot at 8:30 a.m. on Thursday, October 27, 2011.

 

As to the location of the plantings, Mr. Silver observed he would have no problem moving some of the plantings somewhat uphill and nearer the neighboring residences to more effectively screen views of Gardens at Rhinebeck from these residences.

 

Holly Mauskapf, a neighboring property owner to the west, asked about a rumor that Joseph Kirchhoff was longer going to be the builder of Gardens at Rhinebeck Phases II and III.  Mr. Silver responded this is correct; he will be the residential builder while Mr. Kirchhoff places his emphasis on the development of commercial properties.  Mr. Silver referenced his experience with more than 1000 dwelling units throughout the Hudson Valley including his ownership of Village Green in Rhinebeck.

 

Mr. McDonald stated his concerns about the future of the project, based on three or four past experiences, are addressed by Mr. Silver's involvement.  He stated confidence Gardens at Rhinebeck will finally proceed to completion.

 

A question asked about the closest proximity of a Phase III building to the landscape buffer.  Mr. Lapine stated the closest building was approximately 15 feet from the 50-foot wide buffer.

 

Wayne Gay, a neighboring property owner to the south, asked if more trees might be planted to obscure the buildings more from his property.  Mr. Silver responded this might be possible though planting cannot occur within the wetlands.  Mr. Silver also noted additional landscaping beyond the buffer area would be installed as shown on the Phase II site plan.

 

William Carroll, President of Gardens at Rhinebeck Homeowners Association,  said the HOA, the developer and Winnakee worked together to arrive at a trail plan acceptable to all parties.  He stated there was good cooperation and collaboration among the parties.  Mr. Carroll went on to ask Mr. Silver if there might be some additional planting installed near the existing pump station and asked about the intended landscape visual separation between Phase I and Phase III.  Mr. Silver said the first was possible and the latter would be occurring as shown on the Phase III site plan.  He also noted additional trees will be planted within the previously-developed Phase I portion of Gardens at Rhinebeck, the planted species there being as proposed in Phases II and III.

 

A member of the audience asked about Mr. Silver's anticipated schedule for moving forward with Phase II.  He responded with the hope Phase II will be open for sale on May 15, 2012.

 

 

There being neither further public comment nor any questions from the Board, Chairman Trimble proposed this Public Hearing be continued on November 21, 2011, at  6:50 p.m.  A motion to this effect was made by Melodye Moore, seconded by Jesse Hewitt and adopted by unanimous vote of the Board members. 

 

The Planning Consultant was directed by consensus to prepare a draft resolution under SEQRA and Town Code Chapters 120, Wetlands, and 125, Zoning, taking into account both the present plan and the additional plantings that will be discussed in the field on October 27^th, for possible consideration on November 21, 2011.

 

 

Darin Page - 20 Hutton Street - Special Use Permit and Site Plan Approval.

 

At 7:20 p.m. Chairman Trimble opened this combined Public Hearing on Applications by Darin Page for Special Use Permit and Site Plan Approval in the matter of the partial removal and reconstruction of a single-family dwelling at 20 Hutton Street (TMP 6069-06-461962) in the RL-5 (Residential Low Density) and Rc-O (Rhinecliff Overlay) Zoning Districts, the Hudson River National Historic Landmarks District and the Town's LWRA.

 

The Acting Secretary read the annexed Notice of Public Hearing and stated the Clerk has advised that the satisfaction of all required notice, publication and posting requirements under the Zoning Law has been documented.  The Acting Secretary noted a single written comment has been received, that being the further annexed letter dated October __, 2011, from Zachary Bendiner and Avery Gilbert.

 

Kelly Libolt appeared on behalf of Mr. Page and displayed an architect's sketch plan of the proposed dwelling's principal elevation.  She noted discussion was pending with the Town building department as to whether the proposed dwelling is with the maximum building height standards set forth within the Town's Zoning Law.  It was also noted the proposed dwelling is in excess of 2,300 square feet gross floor area and, thus, not compliant with the maximum gross floor area standard set forth for the Rc-O District.  An area variance as to maximum square footage, or area variances as to both maximum square footage and maximum height depending upon the Building Department's determination in the matter of building height, would have to be granted by the ZBA for the project to proceed as proposed.

 

Planning Consultant Art Brod noted referral response from the Dutchess County Department of Planning and Development stating the Application subject of this Public Hearing is "a matter of local concern".

 

 

 

Planning Board Members F. Woody Dierze' and Jesse Hewitt reported on the field visit they conducted upon delegation of the Board.  They noted the existing house is not highly visible from Rhinecliff and that the proposal for its reconstruction was satisfactory in matters of siting, building design, storm drainage, etc.

 

In their absence Chairman Trimble read for the record the full text of the earlier-noted and annexed letter from Zachary Bendiner and Avery Gilbert.

 

Upon request of the Chairman Conservation Advisory Board (CAB) representative Jeff Romano then reviewed with the Board the combined report dated October 17, 2011, by the CAB and Waterfront Advisory Committee (WAC) on this project.  See annexed document for both citation of coastal policies in support of the report's assertion "the proposed house is out of scale with the hamlet and inconsistent with many of the desired goals of the Rhinecill Overlay District" and "additional comments" on the Applications.

 

Chairman Trimble advised Ms. Libolt a more detailed architectural elevation is required to address the height issue and a more detailed floor plan required to determine the extent to which the proposed gross floor area exceeds 2,300   square feet.  This information should be provided to the Planning Board and otherwise taken up as necessary with the Town Building Department and the ZBA.

 

There being no further public comment or any questions from the Board, Chairman Trimble proposed this Public Hearing be continued on November 21, 2011, at 7:00 p.m.  A motion to this effect was made by Melodye Moore, seconded by Sharon Sherrod and adopted unanimously by the Board members.   

 

 

REGULAR SESSION (NEW BUSINESS)

 

Rhinebeck Gardens Group, LLC - Garden Way - Site Plan Approval for Phase II

 

Chairman Trimble stated this Agenda item follows upon a comment made by David Silver during last month's Planning Board proceedings in the matter of the Gardens at Rhinebeck Phase III Site Plan. 

 

Mr. Silver appeared and requested that the Planning Board modify its approval of the Phase II Site Plan, as conditionally approved on December 20, 2010, to substitute the exterior architecture design depicted for Phase III (modified in color in both cases to cause the garages to be less visually prominent) for that previously proposed / approved for Phase II.

 

Chairman Trimble stated that the Phase II Site Plan had not yet been signed for the Planning Board Engineer has not yet signed off on the reconstruction plan for Garden Way.  In that signing of the Phase II Site Plan has not yet occurred, Planning Consultant Art Brod advised the Board that it could act to amend its previously-adopted resolution, this being not unlike the Board's recent action in the case of the Ruger Subdivision. It was the consensus of the Planning Board to so proceed. 

 

Melodye Moore moved and F. Woody Dierze' seconded the below resolution:

 

"The Town of Rhinebeck Planning Board hereby (1) finds the substitution of the exterior architectural plans for Gardens at Rhinebeck Phase III, as accepted by this Board within its fuller resolution of September 19, 2011, for the exterior architectural plans for Gardens at Rhinebeck Phase II, as accepted by this Board within its fuller resolution of December 20, 2010, will contribute positively to the build-out of the Gardens at Rhinebeck and in no way contravene the Negative Declaration / Statement of Consistency under SEQRA issued by this Board as SEQRA Lead Agency on December 20, 2010, and (2) consistent with this finding amends the Planning Board's resolution of December 20, 2010, to effect this substitution while maintaining the resolution as then adopted in all of its other respects."

 

The resolution was adopted by unanimous vote of the Board members.

 

 

Edith Thomas - Wurtemberg Road - Special Use Permit and Site Plan Approval

 

This matter was set forth on the Agenda as a Sketch Plan Conference concerning the potential expansion in number of permitted rooms for an existing Bed-and-Breakfast Establishment in Rural Countryside (RC5) District.  Neither Ms. Thomas nor a representative appeared.  The Chairman stated Ms. Thomas will be contacted prior to the close of agenda for the November 21, 2011, meeting and it determined whether she wishes to appear before the Board at that time.

 

 

CSI Developers LLC - NYS Route 9G North - Site Plan and special Use Permits

 

Chairman Trimble noted he had reported in the meeting on the NYS Supreme Court's decision in the matter of CSI Developers, LLC, v. the Town of Rhinebeck Planning Board.

 

 

 

In consideration of this decision the Chairman stated he requested Planning Board Attorney John Lyons prepare a draft resolution whereby the Planning Board would implement this decision.  Chairman Trimble then read in its entirety the draft resolution.

 

A motion was made by F. Woody Dierze to adopt the resolution as read and seconded by Jesse Hewitt.  Upon roll call the resolution was adopted by unanimous vote of the Board members.

 

Chairman Trimble stated the Clerk would be advised to send out the certified resolution "certified mail, signature requested" and to annex a copy to these Minutes.

 

 

ZONING ADMINISTRATOR and/or ZBA REFERRALS

 

None was either scheduled or considered.

 

 

ADJOURNMENT

 

With no further business before the Board, the Chairman accepted a motion from F. Woody Dierze' seconded by Richard Murray to adjourn this meeting.  All Board members were in favor.  The Chairman declared this meeting adjourned at 8:20 p.m.

 

 

Respectfully submitted,

 

 

Arthur F. Brod Jr., Acting Secretary

for

Joan Winne, Secretary