January 9, 2007
PRESENT:
Andrew Galler, CAC Member
Lew Kingsley, CAC Member
David Klotzle, Wetlands Inspector
John Sussmeier, Acting Chairperson
ABSENT:
Tim Donovan, CAC Member
GUESTS:
Bob Bak – Builder, Schroeder Application
Russell Cusick
Joseph Giachinta – County Line Equities Development Corp.Application
Mike Gibbons – Planning Board
Councilman Richard Shea
The regular meeting of the Town of Philipstown Conservation advisory Council was held on the above date at the Philipstown Town Hall, 238 Main Street, Cold Spring, New York. The meeting was called to order by Acting CAC Chairperson John Sussmeier at 7:30 PM.
Applicant: County Line Equities Development Corp.
Representative: JosephGiachinta, Proprietor
Tax Lot: 82.-2-3
Permitting Authority: Wetlands Inspector
CAC Chairperson John Sussmeier asked the applicant to summarize his application.
Mr. Giachinta said that:
Wetlands Inspector Klotzle said that a more significant wetlands exists to the west of the property, beyond the construction site. He added that since his only concern mirrors that of the DEC – the nature of the tanks – if the DEC had approved Mr. Giachinta’s plans for tank installation, he considers the tanks not to pose a significant threat to the wetland.
Mr. Giachinta said that the DEC would inspect the tank installation and monitor the tanks monthly.
Mr. Klotzle said that he had told Mr. Giachinta’s that since pavilions would be installed over the gasoline pumps, he eventually would need Planning Board approval; however, since the pavilions had not yet been installed a Wetland Permit was needed.
CAC Member Galler said that although he was not thrilled by the pumping-area’s location, he understood that it makes sense from a business point of view.
Mr. Giachinta replied that the planned location is the safest and easiest location from a traffic-control and convenience store-access point of view.
David Klotzle noted that Mr. Giachinta had already installed a silt fence at the back of the site. He also said that construction-caused disruption at the site was outside the wetland.
Acting Chairperson John Sussmeier asked Mr. Giachinta whether he had any DEC paperwork.
Mr. Giachinta replied that none was required but that when he had at his own initiative submitted water testing reports to the DEC, which then told him that he could discharge water directly into the catch basin, and that although not currently required, he intended to install filters in the catch basins.
Acting Chairperson John Sussmeier asked about the filters’ design.
WI Klotzle asked for copies of the filter-design documents and said that he would make filter installation a condition of the permit. He also noted that the initial water-test results (from Mr. Coleman’s report) were good, since the old tanks had corroded causing some pollution
Mr. Giachinta said that he had decontaminated the area up and was sending monthly reports from the five monitoring wells to the DEC.
Mr. Giachinta said the filters in the catch basins are similar to booms that filter large-scale oil spills into the large bodies of water. They hang off the rim of the catch basin, so any water going through the catch basin has to go through the filter. The filtering material is cleaned periodically as per DEC requirements. Mr. Giachinta described the location of every catch basin/filter and said he would have these details added to the site-plan.
Wetlands Inspector Klotzle said he had similar ones in Brewster.
Acting Chairperson Sussmeier said his only concern was the possibility of a fuel spill into the wetland.
Mr. Giachinta described the location of every catch basin/filter and said he would add this information to the site plan.
Acting Chairperson said he would like the catch-basin/filter system made a condition of granting the permit.
Wetlands Inspector Klotzle said that he would make this a condition of granting the permit.
Acting Chairperson Sussmeier asked whether a CAC vote could be taken, since the remaining CAC Member, Tim Donovan was absent.
Councilman Shea said an official vote could not be taken.
Wetlands Inspector Klotzle asked for an unofficial, advisory-only vote.
On that basis, the CAC voted unanimously to grant a permit, subject to the provision of information on the filtration system.
Applicant: Schroeder
Tax Lot: 16.-1.16
Representatives: Bob Bak, Builder
Permitting Authority: Wetlands Inspector
Acting Chairperson Sussmeier asked whether Wetlands Inspector
David Klotzle had visited the site.
WI Klotzle said that both he and CAC Member Kingsley had visited the site.
Mr. Bak described the project – construction of a 13” x 25” solarium projecting 13 feet from the existing house. The solarium would contain an endless pool as an addition to the Schroeder’s house. The area from which the work would have to be done is on a slope and relatively close to the lake. The corner of the house is 50 feet from the water. Mr. Bak provided photos of the site.
CAC Member Galler asked how much digging would be needed.
Mr. Bak said to a depth of about 42 inches. He added that construction was sited on on the steepest incline between the house and the lake. The fill would be used to ‘soften’ the grade.
Acting Chairperson Sussmeier asked for comments from WI Klotzle.
WI Klotzle said a wire-backed double-row silt fence buried six inches into the ground should be installed below the construction site.
CAC Member Galler asked where the septic system was located.
Mr. Bak said that it was a cesspool and the construction project would not cross it, since it was located on the other side of the house.
CAC Chairperson Sussmeier said that until he had seen Mr. Bak’s photos, he had not realized how steep the slope was.
CAC Member Galler asked what kind of filtration system the endless pool used.
Mr. Bak it was a cartridge filter system with no back wash. Mr. Bak said that endless pools never have to be drained and the all that was required for water purity was the use of Clorox and a paper cartridge.
WI Klotzle said what this meant that no drainage method was involved because the pool never will need to be drained.
CAC Member Galler asked about the possibility of damage to the pool’s vinyl liner.
Mr. Bak said that in that case the pool could be pumped out.
CAC Member suggested that it would be worthwhile to look into an air-ion filter, but that he wasn’t insisting on it, from both an environmental and a chlorine-odor point of view.
Mr. Bak said that the warranty would be voided.
WI Klotzle asked for a spec sheet for the pool, to be included as part of the permit.
The CAC members present recommended approving a permit, with two conditions:
Applicant: Goldberg
Representative: None
Tax Lot: 1.-3-10
Permitting Authority: Wetlands Inspector
Neither Ms. Goldberg nor a representative were present.
WI Klotzle noted that the site-staking that Badey and Watson representative Jason Snyder said he would have done at the prior month’s CAC meeting had yet to be done.
The matter was tabled until next month’s meeting.
Applicant: Tyjan Corporation
Tax Lot: 49.4-22
Representatives: None
Permitting Authority:
No representative appeared.
WI Inspector Klotzle said he had neither observed activity at the site nor heard from the applicant.
The matter was tabled until next month’s meeting.
Applicant: Kim
Tax Lot: 27.12-1-3
Representatives: None
Permitting Authority: Wetlands Inspector
Neither Ms. Kim nor a representative appeared. CAC Member Kingsley said that there appeared to have been no new activity at the site.
The matter was tabled until next month’s meeting.
Applicant: American Tower
Tax Lot: 60.18-1-3
Representatives: None
Permitting Authority: Planning Board
No representative appeared.
Councilman Shea said that the Town Council was supposed to meet regarding both sites.
Acting CAC Chair Sussmeier asked whether consideration was being given to relocating the towers.
Councilman Shea said that this was being considered and provided details regarding potential relocation sites.
CAC Member Galler said that he thought the motive for building new cell towers was caused by the desire to provide broadband service rather than phone service. He said that broadband service is not covered by FCC regulations which have diminished localities’ ability to regulate cell-tower siting for phone service.
CAC Chairperson Sussmeier noted that a fuel-oil fill was located at the American Tower’s proposed Upper Station Road site.
CAC Member Kingsley agreed with him and said it may also contain a septic system.
Acting CAC Chair said that since this matter is a referral from the Planning Board, perhaps American Tower felt there was no need for them to return to the CAC.
The matter was tabled until next month’s meeting.
Applicant: Flaherty/Percacciolo
Tax Lot: 27.-8-1-4
Representatives: None
Permitting Authority: Wetlands Inspector
Neither Mr. Flaherty not Mr. Percacciolo nor a representative were present.
Wetland Inspector Klozle said the wetland had been delineated but that this information was not yet on a plan. He added that he had a copy of the deliniation and said that the silt fences are holding but that the deliniation needed to be placed on the map to facilitate monitoring. He added that the material they had deposited still was well away from the wetland and that he had not observed it getting any closer.
The matter was tabled until next month’s meeting.
Councilman Shea said that on-site construction, if approved, would have to be closely monitored to ensure that there was no wetland pollution.
WI Klotzle said he had told Mr. Carlson that he didn’t like the idea and that he would solicit the CAC’s opinion.
CAC Chairperson Sussmeier said the weight of a concrete truck would cause at least as much compaction as installing a precast one.
Councilman Shea added that back-and-forth traffic also needed to be considered, since many trips to and from the site would be required.
WI Klotzle said he thought that precast systems were more expensive than ones built in the field.
The WI said he would rather it be done according to the original spec.
Councilman Shea asked whether material would remain in the swale or be removed.
WI Klotzle said it would remain so that there would be just a short grade over each of the drainage culverts.
Councilman Shea asked about wood that had been stockpiled in the construction area.
WI Klotzle said it would have to be removed as part of both the DEC and the CAC permit conditions. WI Klotzle noted that the house plans were continually changing, which is why the wood still was there.
WI Klotzle said that he will continue to closely monitor the project and make sure that the gabions are installed correctly. He said he had also explained the use of Geotech fabric.
WI Klotzle said that two years, in response to a request from Patti McCormack-Smith, he had done a wetland delineation drawn up an extensive wetland map. But Mr Rodack had failed to observe the delineation; i.e., he had placed materials into the wetland, which had moved into the Osborne property. As a result the HH Land Trust, which had been called by the Osbornes, had contacted the WI. The reason is that the Osborne deed stipulated that Mr. Rodack’s site was restricted to noncommercial use, which means that Mr. Rodack won’t be able to build a commercial garage on the site.
Mr. Klotzle had stopped him at work and told him to install a silt fence, but the fence had not been correctly installed.
WI Klotzle said that he had returned and told him to install the fence correctly.
Work currently is stopped.
WI Klotzle said he was waiting to see if Mr. Rodack produced a site plan and what action the Osbornes might take. He also said he would continue to monitor the site.
Councilman Shea said that he is working with Tim Miller to provide local
realtors with a ‘hot sheet’ informing them of the permits required on sites
they are marketing and would remind the Building Department of the need to vet
all Building Permit applications for wetland issues and, if so, inform the WI.
The December minutes were approved unanimously, with some
revisions.
The Meeting adjourned at 8:45 PM