Philipstown Planning Board

                                                       Meeting Minutes

                                                      February 17, 2005

 

The Philipstown Planning Board for the Town of Philipstown held its regular meeting on Thursday, February 17, 2005 at the VFW Hall in Cold Spring, New York.  The meeting was opened at 7:30 by the Chairman, George Cleantis.

                                                Present:            George Cleantis

                                                                        Josephine Doherty

                                                                        Michael Gibbons

                                                                        Kerry Meehan           

                                                                        Andrew Pidala

                                                                        Anthony Merante

                                                                        Pat Sexton

                                                                        Janelle Herring (for Tim Miller, Planner)

                                                                        Tim Allen, Engineer (Bibbo Associates)

                                                                        Pat Cleary, Consultant (Cleary Consulting)

                                                Absent:            Tim Pagones, Counsel

Mr. Cleantis announced that the Canopus Creek application and public hearing for Stephen Pidala had been removed from the agenda.

 

                                                            Public Hearing

 

Dominick & Debra Santucci (Mountain Trace) - Subdivision Application - Canopus Hollow/Sprout Brook Road, Town of Philipstown

Mr. David Steinmetz introduced himself.  He stated that Tim Cronin and Ron Wegner of Cronin Engineering and David Schiff, Environmental Planning Consulting were also present.  He said that he was hoping to take the Board through a brief history of the project after explaining the application.  Mr. Steinmetz said that when he finished, Mr. Cronin’s office would present some technical engineering issues and cover issues of stormwater, drainage, grading and present an analysis they had done and that Mr. Schiff would discuss planning considerations, environmental assessment and some land use controls.  He said that they had asked a court reporter to be there this evening so that they end up with a complete stenographic transcript of all the comments that the applicant presents, the Board’s questions as well as the public’s, so that way they understand all the issues that were addressed and make sure that they were comprehensively covered.  Mr. Steinmetz said that when they first appeared before the Planning Board, the application was originally a five lot subdivision, and he would take the Board through how they got to a four lot subdivision.  He said that right now they are presenting an application that has four lots - each with individual wells and septic systems.  Each of the lots accommodates the required lot square and gains access from a private road.  Mr. Steinmetz said that they realized they needed a steep slopes permit, and it is one of the reasons the application is before the Board in addition to subdivision approval.  He said that each of the lots meets the minimum lot area, meets the minimum frontage, all of the required setbacks, their right-of-way width is fifty feet, the travelway, though it’s only required to be fourteen feet, is sixteen feet, the material of the driveway, though it is permitted to be gravel or crushed stone, is proposed to be an asphalt road, their maximum grade meets the Town Code at fourteen percent, their turnarounds and horizontal alignment for the road meets the requirements.  He said that their turnaround is one hundred feet as opposed to a requirement of the Town of seventy five, and their horizontal alignment meets the seventy five foot minimum radius.  Mr. Steinmetz stated that they have four lots ranging in size as can be seen from the plans.  He said that the reason they are there for a steep slopes permit is because the property is characterized as a parcel that has moderate and steep terrain in different portions of it.  Mr. Steinmetz said that the steep slope law declares that the purpose of the law is to identify and protect steep terrain and to ensure that it is appropriately used while providing for proper arrangement and management on steep terrain.  He said that the law also classifies steep slopes into three categories - class one, class two and class three.  Mr. Steinmetz said that there is no outright prohibition contained in the steep slopes law.  He said that the steep slopes law does not say, “one can never, under any circumstance, disturb or alter a class three, class two or class one slopes”.  Mr. Steinmetz said that the application was filed some time in the beginning of 2001.  The records indicate that on January 31, 2001, the first version of the environmental assessment form was presented to the Planning Board.  In April of that year, the original stormwater report was prepared by Cronin Engineering and submitted to the Planning Board.  Mr. Steinmetz said that he became involved with the application and first appeared before the Board in March, 2002.  At that public hearing, they received comments from the Planning Board about the environmental assessment form and from the Board’s planner, engineer and the Board, that it wanted detailed information analyzing the impacts and the development itself.  He said that his client’s consultants spent the next several months doing further studies of plans that had already been submitted in order to get in front of the Board, but further analysis were done.  A revised environmental assessment form was submitted to the Board in November of 2002 with parts 2 and 3 of that EAF.  Also that month, Art Tully from Lanc & Tully, who was then the Town Engineer, wrote a letter to the Planning Board indicating that he was “substantially satisfied with the submission” and he authorized, (in his opinion...he gave his blessing for) the Planning Board to proceed with the review of that application.  In January - January 16th of 2003, shortly after the full revised EAF was submitted, they had a public hearing in front of the Planning Board.  A lot of questions were raised by the Board.  Mr. Steinmetz said that the public hearing in 2003 was on the original, revised at that point, five lot subdivision (and had those plans with him).  He said that was still the five lot plan.  In June of 2003, the Board received letters on June 17th , from Lanc and Tully and on the 19th from Mr. Cleary, who had been brought into the application as the Town’s planner.  Mr. Steinmetz said that on June 17th and 19th, they got letters saying that there was a significant concern and question about what was then referred to as proposed Lot One.  They had heard comments at the original January 2003 public hearing from members of the community as well as the Board, concerned about the fifth lot.  They then got technical comments from the outside consultants about the fifth lot.  In September of 2003, Mr. Steinmetz wrote a letter to the Chair indicating that they wanted to come off of the Board’s agenda, while his client went through his consideration and ultimate determination to modify the plan and to reduce it from a five lot subdivision to a four lot subdivision.  That letter was written on September 16th, where they indicated they were considering the modification.  Mr. Steinmetz said that some time in the first half of 2004, they made a complete re-submission to the Town of the revised plan.  Following the comments they had gotten from Mr. Cleary, comments from Mr. Tully, the further analysis that was done by Cronin Engineering, and his client’s willingness to re-address the application, they came back to the Town with a four lot subdivision.  They eliminated that first lot.  Mr. Steinmetz said that they came before the Planning Board in June of last year.  It was the last time he appeared before the Board.  He said that it was the first meeting to begin to look at the four lot plan.  A question was raised by the Planning Board about whether or not the modified four lot subdivision constituted a new application.  Mr. Steinmetz said that he wrote a letter to Mr. Pagones on August 23, 2004 explaining why under applicable New York Law, specifically the New York State Environmental Quality Review Act modifying the proposal, eliminating a lot specifically in response to professional consultants and the public is entirely contemplated by SEQRA, by the New York State Town Law, and it didn’t constitute a new application.  He said that Mr. Pagones contacted him after receipt of the letter, indicated his agreeing and as he understood it, advised the Planning Board that this was, in fact, the same application as modified.  In October of last year, Mr. Steinmetz ended up on a phone call with the Town after there were some further discussions with some of the professional consultants and asked that they come off of the agenda.  He said that they were still looking at modifying certain aspects of the proposal and addressing some of the technical concerns that were raised by the Board’s consultants.  Mr. Steinmetz said that in fact, in October of last year, he believed Mr. Allen conducted a thorough site walk with members of their development team specifically looking at the road, the grading, the issues of the rock, etc..  As a result of that site walk and further studies that were done by their engineers, in December of last year they made a re- submission - December 21st, Cronin Engineering submitted a revised stormwater report.  Mr. Steinmetz said that more or less brings them current because they were supposed to be on an agenda in January, there were some scheduling issues, and  they appreciate the fact that they are before the Board tonight.  He said that interestingly, that history, leaves out something that he didn’t know about and their development team didn’t know about and he was not sure whether the Planning Board knew about it because nobody advised them of it, and that is that there was a history that predated January 2001.  Mr. Steinmetz said that he learned that on March 31, 1988, the Planning Board approved/granted final subdivision plat approval for a five lot subdivision on this property.  He said that he received a copy of the Resolution - a final subdivision plat approval, adopted by the Planning Board on March 31, 1988, which was predicated upon a Negative Declaration pursuant to SEQRA.  Mr. Steinmetz said that he brought a copy of the Resolution because he clearly would like it to be made part of the official record.  He handed a copy to the secretary and stated that he did not bring extra copies because they just got it, but would supply the Board with copies.  Mr. Steinmetz said that the Resolution granted the then owner of the property, a five lot subdivision.  A Negative Declaration pursuant to SEQRA was adopted.  He said that means that the Planning Board in 1988 found that there were no significant adverse environmental impacts associated with a five lot subdivision on this thirty six acre parcel.  On April 5, 1988, the County Planning Department issued its 239 approval.  The County signed off on the subdivision.  Apparently, the approvals expired subsequent to 1988.  As best they can determine, and from what they’ve tried to find out by making inquiry, they think there were some financial issues that the then owner ran into and was unable to satisfy a bonding requirement and a recreation fee.  As a result of those financial issues, the subdivision approval lapsed.  A re-application was made after the expiration and the Board’s Planner on July 14, 1992 wrote a memo to the Planning Board indicating that the application could be re-submitted and that it was not going to be subject to SEQRA based upon the fact that there had been a Negative Declaration adopted in 1988.  The County, in September of 1992, re-approved that application.    Mr. Steinmetz said that it is important historically because they didn’t know the Town had previously approved five lots on the property and didn’t know that the Town had adopted a Negative Declaration in connection with the review - both of those are details that need to be factored in, but they understand the Board adopted a steep slopes law and understand that that subdivision may not have been subject to the steep slopes law.  This one is.  That is why they are before the Planning Board with a subdivision application and an application for a steep slopes permit.  Mr. Steinmetz stated that it continues to be the applicant’s position that they’ve got the right to make a reasonable use of this property.  It is also their position, and they presented it in detail, that there really is no suitable alternative for access to this site.  In fact, several years ago, Steve Coleman wrote the Planning Board a memo dated March 19, 2002, in which he confirmed there was no other suitable access to building lots on this property other than in the general vicinity of the road that is before the Board.  He said that they’ve looked at them, done studies, and presented them at Board meetings in 2003 and 2004 of other possible ways onto the site and it is their understanding that the Board’s consultants and Mr. Steinmetz’s client’s consultants have agreed that there is no other way to traverse the property to get onto it.  Mr. Steinmetz said that he would have Mr. Cronin’s office explain their stormwater design.  He said that it is his opinion in reviewing the steep slopes law that one of the critical features, as he said earlier, is making sure there’s no adverse impact associated with stormwater runoff.  Mr. Steinmetz said that Mr. Cronin would take them through the fact that there is no increase in the quantity of water running off site and there is no increase in the rate of runoff as a result of the various stormwater basins.  He said that one of the things that his client asked the Consultants to prepare for the Board and for the public is a document that makes it clear how this project evolved and the implications of how it evolved.  Mr. Steinmetz said that they did an analysis for the Board and would take them through it.  It’s fairly straightforward and it’s empirical, meaning there are scientific calculations that are contained.  He said that they’ve done a comparative analysis of the 1988 plan - the five lot plan approved by the Board by Resolution 1-5-88, and the four lot plan that is before the Board tonight.  Mr. Steinmetz said that they take the Board through various factors such as disturbance, open space, watercourse, stormwater facilities, road length, etc..   

 

Mr. Cronin introduced himself and stated that it was his office that had prepared the plans for the various applications and alternatives that were presented to the Planning Board.  He said that he had in front of the Board the original five lot plan, which they looked at back in 2001, and in which the Town’s initial engineering consultant, Art Tully, looked at, reviewed, and came back with a letter in May 2001.  Mr. Cronin said that he was concerned about some of the topographic information with regard to the rock outcroppings, some issues pertaining to the road shoulder, and some of the design issues they had on their plan.  He said that they revised the plan, re-submitted it in January 2002, Mr. Tully reviewed it and came back with more comments, but they were generally more technically in nature and more refined than the initial plan.  They had taken care of the issue with the topography map and were now talking about details on some of their stormwater outlet structures, and the Board wanted more information about blasting - all of which was provided.  Mr. Cronin said that the plan was revised yet again, resubmitted and back in November of 2002, as Mr. Steinmetz indicated, Art Tully wrote a memo stating that the plan was substantially complete except for some minor technical details, and that was the five lot plan.  Subsequent to his memo, early in 2003, the issue of the fifth lot came into play and both he and the Town Planning Consultant weren’t convinced that they were entitled to the five lot layout.  Mr. Cronin said that they showed alternatives, they tried to demonstrate that it was a compliant plan with some minor alternatives to get them to the fifth lot access and although he felt as though they had met the requirements of the Code, the applicant in the spirit of cooperation, decided to eliminate the fifth lot and bring it back down to the four lot submission, which is the plan that they are essentially looking at today.  Mr. Cronin said that the four lot plan was submitted to the Town and reviewed by the Town’s current engineering consultant, Tim Allen with Bibbo Associates, and in June of 2004, he wrote a letter with a number of issues, but Mr. Cronin thought primarily the issues were as Mr. Tully had indicated, generally technical in nature - he was concerned about he sizes of homes, infiltrators for the driveways, he had some comments about easements and so on.  The plan was revised and resubmitted in September of 2004.  There was some concern about the amount of rock cut that would be required and how they were actually going to stabilize slopes.  They met with Mr. Allen out in the field in October of 2004, and they thought they had addressed and thought Mr. Allen would concur, how they were going to address excavation in the areas of where there was rock versus areas where it looked like there could be rock but may not be rock, and they showed that as being primarily an earth cut.  Mr. Cronin said that in February, 2005, there was a letter from Tim Allen in which he was talking about the Putnam County Health Department and a detention basin, which he believed he said that the Town did not want, so they took that off.  It was a water quality basin at the base of the road.  Mr. Cronin said that they submitted Part 1 of the EAF, the Town completed Part 2, they submitted the Part 3 of the EAF, which was revised as late as December of 2004.  In that, they talked about the issues that were raised in the Part 2.  Among them was the blasting issue.  Mr. Cronin said that he wouldn’t say that they wouldn’t have blasting, but it is the least favorite alternative (he thought) from the applicant - he’d like to use whatever type of mechanical means he could before he starts to do the blasting, and that is addressed fully in the Part 3 of the EAF.  He said that if the Town would like additional information on that or additional requirements, that is something they could provide.  Mr. Cronin said that in June of 2003, it was submitted and presented to the Water Commission and at that time, Mr. Coleman wrote a letter and indicated that all things being considered, even though they were working within close proximity to the stream, considering the alternatives, this was the best location for the road.  The other alternatives that they looked at were to come up through class two and class three slopes, cutting across class three slopes.  All of these alternatives would have taken them out of the wetland buffer, but they would have required an excess of fifty and sixty foot cuts, which he thought was a little too excessive for any development of this size.  Mr. Cronin said that the project has been looked at by two engineering consultants, both of whom he thought had come to an understanding that this project as they’re showing with the four lots is a plan that can work and the plan they are showing he thought is the best plan they have.  He said that as part of the SEQRA requirement, they had to do a stormwater analysis, in which they looked at the pre and post development stormwater conditions.  The Santucci site is the area where the contour lines in more detail can be seen (pointed out).  Mr. Cronin said that it is part of a sub-basin, which includes drainage area that goes off-site and is part of the Cortlandt Lake drainage basin.  He said that it goes into Cortlandt Lake and eventually to the Annsville Creek and into the Hudson River.  The basin itself starts at the Annsville Creek and goes up to Canopus Lakes/Fahnestock Park.  Mr. Cronin pointed out their property and said that the Board could see when they are analyzing the site in terms of peak flow that it is fairly basic and a very reasonable assumption, which they did prove out, that the affects of the stormwater on their property relative to Sprout Brook or Canopus Creek and the impacts it will have on that are insignificant when you consider the size of the drainage basin, which is actually feeding into the same location.   Mr. Cronin said that they were made aware of a situation in which there was property across the street from Sprout Brook Road that may or may not have experienced flooding.  He said that he did not believe the DPW had records of flooding, but that perhaps it was mentioned at a meeting. Mr. Cronin said that what they will be essentially making that condition better by diverting some of the water, which currently flows toward that drainage point, out of that specific location.  He pointed to the map and said that this area will no longer go across the street, directly in front of the property, but will be routed into drainage structures along Sprout Brook Road, which is the County system and they’ve agreed that it is the best alternative and would be able to handle those flows.  Mr. Cronin said that the flows that are currently going to the stream discharge are a hundred and seven/a hundred eight cubic feet per second.  After development, that will be dropped down to ninety two cubic feet per second - a decrease of roughly fifteen percent, so they’ll actually be enhancing or making better the condition directly downstream of them with the excess water going into the system that is located on part of the County drainage system in Sprout Brook Road.  Mr. Cronin said that the one table they thought was important that they show is the amount of disturbance that they are reducing their project by 6.4 acres, as it was originally proposed as five lots down to 4.72 - a reduction of twenty percent or so, with the reduction of the lots down from five to four.  He said that it shows a plan that was approved prior to their submission actually had much more of an impact on adjacent watercourses and wetlands than they actually have here, so they are enhancing their project and what was approved by the Planning Board prior to the current application.  Mr. Cronin said that as the Board could see with the number of stormwater structures, there is a series of galleys, fourteen catch basins, yard drainage infiltrator system so that the water, when it leaves the property after it’s developed, will certainly be as clean - perhaps even cleaner, than the water that is coming off the site now.

 

Mr. Steinmetz said that Mr. Schiff was there to also make a presentation, which is part of the information they’d like the Planning Board to consider.

 

Mr. Schiff introduced himself.  He stated that his role was to follow up on all the technical (inaudible) and look at some of the community planning factors and some of the environmental issues and relate them to the Town’s (inaudible) and see what they would all look like.  Mr. Schiff said that some of the issues were pretty simple in terms of land use and what’s being proposed.  There are four houses on large lots - anything from five up to about eighteen acres and certainly lower density than much of the surrounding single family homes.  That on itself, is not the issue.  He said that the issue, which had been discussed tonight, is the relationship of the particular features of the site and particularly to the concerns that the Town expressed by adopting resource protection ordinances such as the steep terrain ordinance.  Mr. Schiff said that the steep terrain ordinance was enacted to protect and provide for proper management of steep terrain, but also includes criteria for the use, protection and management so that land may be appropriately used.  He said that the location of the slopes on the site is such that in order to get into the site in the most reasonable manner it is necessary to cross some of the steeper slopes, and that’s the challenge that’s been faced in the planning and design of the site.  Mr. Schiff said that, in fact, because of the way the slopes are arranged, getting into the site even if there were only one house site there, would still go pretty much in the same location, so that is a major constraint and is why so much effort has been made to try to reduce the amount of disturbance.  He said that there has been a lot eliminated.  The length of the accessway has been reduced by more than thirty percent and in fact, only about six percent of the class three slopes are impacted.  The mitigation for all the erosion sedimentation should protect the watercourse that is onsite, and the wetland, which is offsite, will improve the flooding situation.  As mentioned in the EAF, conservatively estimated was a sixth month construction period for the road.  In fact, they think that’s conservative and would certainly hope it would be done more quickly.  He said that the most difficult part of the construction and the most destructive of the lower part - the six hundred or so feet, where they have most of the rock removal to take place, would probably be done within two months.  Mr. Schiff said that the most affected properties are those that are closest - the Koch property, and some of the properties across the street, and they would have the noise and the other disruption that goes with construction.  Of course, the construction would be done in accordance to the Town ordinances with regard to rock removal and certainly within the normal weekday working (inaudible).  The other concern that had been raised earlier was the question of visual impacts.  Mr. Schiff said that in fact, the closest that any house will be to an existing house would be some four hundred feet.  He said that the highest house site is about two hundred feet below the highest elevation of this site, and in fact, about eighty seven percent of the site would be maintained and preserved as open space.  Mr. Schiff said that where they thought that really there would be a visual impact that needed to be addressed is where the road is being constructed.  For about two hundred feet, the road parallels Sprout Brook and there would be some rock and vegetation removal.  So as a result, they’ve recommended and it has now been shown on the plan, the addition of landscaping.  The actual detail of the landscaping is something that the applicant would be happy to hear from the Board’s professionals.  He said that in conclusion, he thought that when looking at the plan that was done in 1988 and the more recent plan, you see that the resource protection ordinances have been affected.  They’ve required the Board to take a more stringent look at the application, and they required the applicant to eliminate a lot and to do a lot more things in terms of protecting the resources on the site than certainly had been done in 1988 and would have been done otherwise.  Mr. Schiff said that they meet all the zoning requirements and believe they’re consistent with the neighborhood character.   He said that the Board had mentioned the requirements and criteria in the steep slopes ordinance.  In the watercourse and wetland ordinance, it also calls for that it would allow for reasonable use of land consistent with responsible land management to preserve and protect wetlands and watercourses to the extent reasonably practicable consistent with this objective. There have been extensive provisions made for erosion and sediment control and in terms of the access road, which is the source of most of the concern, there really is no practicable alternative location.

 

Mr. Steinmetz stated that they have tried to make sure the Board is up to speed with where the applicant is, how they’ve gotten there, and that they are all of the same page.  He said that they are also most interested in making sure that the record is complete and the Board has all of the empirical information that it needs.  Mr. Steinmetz said that if there is anything that is still needed by either Mr. Cleary or Bibbo Associates, they are happy to oblige and deal with that.  He said that the most important point tonight is that throughout this process, his clients heard loud and clear issues that were raised by the Planning Board and by the public.  After a tremendous amount of thought and some pain for them, they did agree to surrender a lot, and they believe as a result of that, there is a much better plan before the Planning Board - an approvable plan, a plan that they think will, in deed, fit in with the community and not have an adverse impact on the surrounding area or the Town.

 

Mr. Cleantis stated that before he turned this over to the Board members, he wanted to refer to the minutes of September 16, 2004.  He said that Mr. Wegner said, “this was essentially the same plan as seen at the last meeting”, and from the presentation this evening, this was essentially presented to the Board on September 16th. 

 

Mr. Steinmetz said that he guessed it was a question of the word “essentially” and there may have been some technical issues, but he would let the engineers respond.  He asked if this was essentially the same plan.

 

Mr. Wegner said yes.

 

Mr. Steinmetz asked what characteristics, if any, did they revise in response to Tim’s request on stormwater.

 

Mr. Wegner said essentially the same plan.  He asked if they were referring to the five lot plan.

 

Mr. Cleantis said no, the plan presented in September, in which they had assigned a public hearing.  He said that he was saying that there are no changes from that.

 

Mr. Wegner said nothing major.

 

Mr. Cronin said that they did modify some detail regarding proposed grading and they put on some turn offs as requested by one of the Board members to allow emergency vehicles to get in and allow other vehicles to pass.

 

Mr. Cleantis said that there is some documentation that he would encourage the Planning Board members to read.  He said that he’d like to go over the minutes to remind the Board where they were last time and to give the public an idea of what they discussed prior to assigning the public hearing.  Mr. Cleantis said that he had the Wetland Advisory Committee report and the CAC report.  Mr. Cleantis said that both had given referrals back to the Planning Board with their opinion and asked if they were present.

 

Both parties were present.

 

Mr. Cleantis referred to the reports and stated that the Planning Board would be reviewing the remarks and comments made.

 

Mr. Steinmetz asked Mr. Cleantis if there were additional copies of the written reports.

 

Mr. Cleantis said yes and that he would make sure anything the Board had they would be given copies of.  He said that he looked at the reports and that personally, he would like to get some more Wetland and CAC input, especially in light of a new plan.  Mr. Cleantis said that he believed a lot of these comments were really prior to September’s submission.  He said that in going back to the minutes, he would read from the paragraphs that he did not think changed at all from his standpoint.  (Page 6, fourth paragraph from bottom of page).  Mr. Cleantis said that he believed those items remained the same from the September minutes and asked if the Board had any comments.

 

Ms. Sexton said that the plan showed multiple catch basins.  She asked where exactly it would drain into and if they would just stay there.

 

Mr. Cronin said into the drainage system, so that everything is moving down ultimately to Sprout Brook.

 

Mr. Merante said that there was mention of a temporary sediment trap at the bottom and that he had a number of questions regarding the impervious surface and how much water they’d expect on a first flush.  He said that they seemed to have said or indicated that the water was not going to go into the Brook, and would go down on the northern side of Canopus Hollow Road into the County system.  Mr. Merante asked if the County knew this.

 

Mr. Cronin said yes.

 

Mr. Merante asked if they needed approvals for this.

 

Mr. Cronin said that they will obtain approvals from the County, they’ve looked at the plans and agreed that they are aware of what happens directly in front of their property and were actually in favor of them moving the drainage to the south or to the west, so that it stays in their system and the ultimately gets to Sprout Brook Road.

 

Mr. Merante asked if they could legally, with the wetlands issue, do anything about the brook that is there currently.

 

Mr. Cronin said that they are not touching that and would like to stay away from that if possible.

 

Mr. Merante referred to the dark line/arrow shown on the plan and asked where it goes.

 

Mr. Wegner said that it ties back into the County drainage system heading south.

 

Mr. Merante asked what the capacity of it was.

 

Mr. Wegner said that it should be written on there and it is designed by the County standards.

 

Mr. Phil Vartanian referred to the drainage and said that he thought it was about where the water was going and they were going to move it and they said, “if possible”.

 

Mr. Cronin said no, it is going into the drainage system on their proposed open development road and into the system on Sprout Brook Road.  He said that it is going to happen.

 

Mr. Merante said that the other question was the amount of square footage of impervious surfaces on this property.  He asked if there was anything that (inaudible) downhill in addition to the impervious surface of the road and what the surface of the road essentially was going to be.

 

Mr. Wegner said that it will be asphalt and (inaudible), it will be beyond the oda standards, and as far as the drainage area heading towards it, it will capture the majority of Lots One and Three and a portion of Lot Two.

 

Mr. Merante asked what they figured in their calculations for the amount of rainfall that is going to flow on impervious surface.  He asked if they were talking a twenty five year storm.

 

Mr. Wegner said that they’ve looked at it from a two year up to a hundred year storm.

 

Mr. Cronin said that it is three inches of rain up to an excess of seven inches of rain over a twenty four hour period.

 

Ms. Doherty referred to the road and said that six hundred sixty feet of it would be at fourteen percent grade.

 

Mr. Cronin said that was correct.

 

Ms. Doherty said that it was approximately two thirds of the road and asked if they had any provision for pullovers.

 

Mr. Cronin said that the road itself is sixteen feet wide.

Ms. Doherty said that she understood that, but was thinking if they had banks of snow with emergency vehicles and possibly other vehicles (did not finish sentence).

 

Mr. Wegner said that the sixteen feet width would do it.  He said that they had a pulloff to reduce the disturbance to the site and between the consultants, they’ve moved the road closer to the bank and therefore, have lost a pulloff, but they’ve provided a hammerhead at the new cul-de-sac location.

 

Ms. Doherty asked if the emergency services had been consulted and if they could adequately traverse the road.

 

Mr. Cronin said that they have a call into the Fire Department and in the field with Mr. Allen, they thought that if they were to design their road and pulloffs to accommodate a forty foot long vehicle, which is larger than the fire trucks, that it would suffice until they got the formal feedback from the emergency services.

 

Ms. Doherty asked where the pulloff was.

 

Mr. Cronin said that with a sixteen foot road, it was wide enough for trucks to pass.  He referred to the map, pointed out the hammerhead that would allow the vehicles to maneuver, and said that the driveway is widened and has a large area to turn around.

 

Mr. Meehan said that he didn’t hear any provisions for protection with regard to blasting and taking away the slopes.

 

Mr. Cronin said that there is a protocol outlined in Part 3 of the EAF, which was the document that was submitted, where that was discussed and talked about with regard to doing things in accordance with State standard, OSEA requirements, and any codes or requirements that the Town may have.  He said that there are eleven conditions, but certainly if the Town or Town’s consultants review that and would like them to add or modify that, they will do that.

 

Mr. Meehan asked if they said it would take two months to construct the driveway.

 

Mr. Cronin said six months for the driveway in its entirety and he believed two months to take care of the first section to get them well off the road.

 

Mr. Meehan asked if there would be a considerable amount of mechanical rock crushing, rock digging, and possible blasting.

 

Mr. Cronin said possibly excavation, possibly blasting.  He said that he did not anticipate they’d be doing any crushing on the site as there is just not enough area for them to set up the equipment, so there would be no processing of the material there.

 

Mr. Meehan said that he did not hear of any mention of times of operation, when there’d be blasting, clean-up, and if there is any damage, who’d be responsible.

 

Mr. Cronin said that it was specified on page two of the EAF and that if there was anything else the Board would like them to do, they are very willing to accommodate the concerns of the Town.

 

Mr. Cleantis asked if the excess would be sold.

 

Mr. Cronin said probably not.  He said that if Mr. Santucci may need the material at another location, he may just bring it there.  Mr. Cronin said that the material that comes out of there will primarily be rock of rock fragments - its marketability is not as great as clean dirt, bank run, etc..

 

Mr. Cleantis asked if anything had been done with regard to how much material is expected to be removed from the site - how much of that material will be used at the site and how much will be potentially sold or given away.

 

Mr. Cronin said that as the Board is aware, because the rock slope comes down toward Sprout Brook Road, they have considerable cut in the area and are going to have somewhere in the range of six to seven thousand yards of material that would have to come off site that they would try to utilize as much as they could at the driveways and around the houses.

 

Mr. Merante said that in looking at the profile, as you get near the top, there is significant depression.  He asked if they were still talking six to seven (inaudible) coming off sites.

 

Mr. Cronin said that he believed ten thousand is the total cut, three thousand is on site and six to seven (inaudible).

 

Ms. Sexton asked if there was a guard rail along this very steep driveway.

 

Mr. Wegner said yes, from station 200 to roughly station 500, along the driveway where the largest drop off is, and they also have a small portion on the left for a driveway.

 

Mr. Gibbons said that the application indicates that the road on the application is 1,975 feet long.  He said that the plan in front of him was showing it as 975 and asked if that was due to their still trying to say that from the cul-de-sac up to the three houses is a driveway.

 

Mr. Wegner said that he did not believe the application had been revised. 

 

Mr. Gibbons asked what the width of the road was from the cul-de-sac up to the three houses.

 

Mr. Wegner said fourteen feet and they have areas that are twenty feet wide with pulloffs.

 

Mr. Gibbons asked what the steepness in that area was.

 

Mr. Wegner said also fourteen percent right through this portion (pointed out).

 

Mr. Gibbons asked if the area without any pulloffs and turnoffs was fourteen percent.

 

Mr. Wegner said yes.

 

Mr. Gibbons said that he thought they had a problem and he believed that at the last meeting, he indicated that he was not satisfied with the location of the cul-de-sac and that the original one served a greater purpose for emergency vehicles.

 

Mr. Cronin said that one of the things they looked at when they changed from the five lot plan, which he thought was the one Mr. Gibbons was referring to, was that by reducing the lots from five to four, they were able to eliminate some of the stormwater management facilities and bring the road in a little farther and then their second road comes off and swings out, so again, it stays away - there’s a little intermittent drainage course on the adjacent property that in trying to ensure that they would not have an impact on that drainage course, they thought they would move the road farther away from that, which they did.  In addition, they have increased the length of the road slightly, perhaps fifty feet and fifty feet over fourteen percent, which is a reduction of seven feet, so they’ve actually reduced the amount of cut that the road would require by shifting it and making it longer.  Mr. Cronin said that it is something emergency vehicles, they feel, will be able to traverse and they will certainly confirm that, but there is a rationale as to why they changed it from the five lot location to the current four lot location. 

 

Mr. Gibbons referred to the cut on the main road and asked if they’d gotten approval from any authority.

 

Mr. Steinmetz said that the County Planning approved it in 1988 and 1992. 

 

Mr. Gibbon said that he was trying to find out what permits are still outstanding.

 

Mr. Steinmetz said that any permit they need to tie in there, they understand they have to get, so there is no issue with regard to there being outside agency approvals. 

 

Mr. Gibbons asked how this project would affect the immediate neighbors.

 

Mr. Cronin said that was a very subjective question.  He said that his feeling was that for the six or nine months or a year that they’re actually building the road, there will be an impact - they’ll see that and they’ll feel that.  Mr. Cronin said that certainly Mr. Koch, and to a lesser extent, the houses across the street.  He said that they will have short term impacts and after that, once the project is done, they have a road - an innate object that’s not going to do anything.  Mr. Cronin said that his opinion is that he did not think there would be an impact for them once the road is done.

 

Mr. Steinmetz said that there is no question and they realize that there is going to be an impact to the neighbors - there are no two ways about it.  Mr. Steinmetz said that there is also nothing as a matter of law, that precludes his client from making use of his property that impacts a neighbor.  He said that it is a question of doing it in a lawful and an appropriate fashion, and that is part of the process that they are engaging the Board to view .  Mr. Steinmetz said that when they talk about blasting and blasting protocol, nobody on his side wants to do anything that is going to...to do blasting in this Town any differently than anyone else who’s come before them and blasted.  Nobody wants to go after a situation of development and impacting trees and impacting slopes in a fashion different than anyone else.  He said that if they are looking for an absolute situation where there would be no impact whatsoever, there would be no development and none of the houses on that street would have ever been built.

 

Mr. Gibbons asked that he not be misunderstood, but stated that his next door neighbor has been building his house for the last year and a half that he had been dealing with.  He said that Mr. Cleary was referring to the cumulative affect and asked how, in Mr. Steinmetz’s opinion, that would affect the neighbors.

 

Mr. Steinmetz said that the cumulative impact of four houses on thirty six acres pales in comparison to the impact that all of the other homes around them have had over the course of time on that particular area.  He said that if there is a character of development issue, this development is far less dense than the immediate surrounding area.  Mr. Steinmetz said that as they indicated, the lots range from five to eighteen acres, so cumulative impact they don’t just measure it in the first two months or the six months of the road, they have to measure it over a period of time.  Putting four houses on thirty six acres that complies with every one of the zoning (inaudible) criteria, they would submit to Mr. Cleary and to the Board, does not have an adverse cumulative impact.  They are not going to be putting a school building on this property that is going to have school buses and children and parents.  That might have a greater impact on Canopus Hollow Road than four houses on thirty six acres.

 

Mr. Cronin said that certainly traffic, which is always a concern, is not really a concern in dealing with four houses.  He said that the distance from any of the proposed houses is four hundred feet,  and with the maintenance of a large amount of the open space, they don’t think there’s going to be much in terms of visual impacts with specific neighbors.  He said that in his opinion, the construction period is really the period when the impacts will be the most severe on the neighbors.

 

Mr. Gibbons asked how many trucks per day they expected to be coming out, particularly on the lower section.

 

Mr. Steinmetz said that it depends on how busy the construction is.  He asked Mr. Cronin if they thought it would be about four or five trucks.

Mr. Cronin said that during the busy time, it could be considerably higher.  They could have twenty or thirty.

 

Mr. Santucci said that construction is a little funny.  Some days you have three trucks, and some days you have four trucks running.  He said that of course, they want to do it as quickly as possible, but if they have a job that will need a thousand yards of material, he’ll put five trucks that day to get it out of there quickly.  Mr. Santucci said that a lot of this material - the rock material, will be used on the lower part.  He said that it is the first material that’s coming out.

He said that these are usually twenty yard trucks.

 

Mr. Cronin said to pick an area and say that it’s three thousand yards of excess material.  He said that a third to forty to fifty percent of the material may come out and if they are going to do that over a two to three month period, that’s forty to sixty work days.  Mr. Cronin said that it works out to be fifty yards a day, which is two and a half trucks a day.  He said that there may be days where it would be more than that.

 

Mr. Gibbons asked if with regard to the work schedule they were talking Monday through Friday.

 

Mr. Santucci said yes.

 

Mr. Cronin asked if the Town had an ordinance.

 

Mr. Gibbons said that the Board can request that they make it Monday through Friday, eight to five if they wished.

 

Mr. Cronin said that would be fine.

 

Mr. Gibbons said that they introduced new drainage tonight that is going to affect the house across the street where the water goes underneath the house.  He asked if that water was still going to be coming under the house.

 

Mr. Wegner said that they are taking away a portion of that water.

 

Mr. Steinmetz said that right now, pre-construction, water from their site drains across and underneath that driveway through the culvert.  He said that it is an issue that they had been dealing with, have been sensitive to that issue and know they have to analyze it.  Mr. Steinmetz asked Mr. Cronin to explain whether they have now improved it as a result of the modifications in the plan.

 

Mr. Gibbon said that he actually saw fish in there and knows the stream and brook does support fish. 

 

Mr. Cronin said that if he took a look at the existing condition, the whole area is tributary to a discharge which goes underneath the pipe, underneath the garage.  He said that in the post-development condition, they can see the area is taken out of the drainage basin and the water that falls on the triangular piece is actually what goes down.  Mr. Cronin said that the area that’s going under the house across the street is reduced from fifty acres down to forty one acres.  The peak flow is reduced from 107 down to 91.7 acres, so they are not adding anything to that stream, the drainage course.  They are taking away fifteen percent of the current peak flow and if anything, the condition would be better.  Mr. Cronin said that they have significant erosion controls in place that will make sure that they will not have any adverse impact on that thing. 

 

Mr. Allen addressed Mr. Cronin and said that conversely though, they are not drying up that stream either.

 

Mr. Cronin said no - not at all.

 

Mr. Gibbons asked Mr. Cronin to point out on the plan the wetlands buffer and wetlands versus where the road is.

 

Mr. Cronin pointed out where the drainage course started out, went under the house and driveway , and went into a drainage system, a wetland and then up to another wetland on top. 

 

Mr. Gibbons said that the majority of the road is in the buffer.  He asked if any of the road was within the wetlands.

 

Mr. Cronin said no.  He said that they looked at alternative road locations where the road was shifted outside the buffer and (did not finish sentence).

 

Mr. Gibbons said that they already admitted that it was the best location for the road.

 

Mr. Steinmetz said, as did the Board’s Wetlands Consultant in March of 2002.

 

Mr. Cronin said in moving the road out, you end up with fifty to sixty foot cuts.

 

Mr. Cleantis said that he wanted to announce a slight change in the Planning Board procedure from an administrative level.  He asked that in matters that involve the Wetland Committee or CAC from now on, he will be asking if they would care to join the Board at the meetings and make comments.  Mr. Cleantis said that he does not intend to exclude them from Planning Board deliberations in the future and would hope they would join the Board.  He asked that both committees make a comment in an advisory capacity.

 

Mr. Matthew Mastrantone introduced himself and stated that they felt the application should be denied.  He said that the property is extremely environmentally sensitive and they spoke to Mr. Cronin a second time.  Mr. Mastrantone said that they did bring another drawing, but didn’t provide copies to everyone on the Committee to evaluate it, so their position is to deny it.

Ms. Suzie Gilbert said that with regard to this particular plan, it doesn’t differ from anything else they’ve come up with.  She said that she thought if this subdivision is allowed to be built, it will mean that their steep slopes laws are completely useless.  Ms. Gilbert said that she thought considering what they’ve paid for this piece of land, reasonable use is one house. 

 

Mr. Cleary said that he had nothing substantial to add to what he’d commented on previously.  He said that the issue of cumulative impacts that was touched on earlier was something he had asked the Board to bear in mind as they go through this review.  Mr. Cleary said that what the applicant has done very well is isolate the technical issues and solve those problems individually.  He said that their obligation now is to put all those back together and to evaluate how the design of the roadway affects the drainage plan and how the drainage plan affects the amount of cut and disturbance on the site and how that affects the amount of tree removal, how that affects the steps, and how that affects the County’s roll as they review the curb cut.  It all goes back together and is the issue he raised about the cumulative impacts - not so much relative to the neighborhood issues.  He said that’s one piece of it, but it all goes back together now that they’ve separated them out, and again, to the applicant’s credit, they’ve done a commendable job of addressing the technical issues.  Mr. Cleary said that the second piece that the Board must now address is the distinction between compliance with the letter of the ordinance and compliance with the spirit of the ordinance.

 

Mr. Tim Allen of Bibbo Associates stated that they’ve been working with the applicant since June of 2004 on this application.  Some of their earlier concerns, major concerns were solely the roadway, which has been brought to light tonight, the disturbance through the roadway itself relative to (inaudible) of balancing the slope impacts with the proximity to the stream nearby.  He said that they’ve made site walks, they’ve asked the applicant to revise the plan referring to a reasonable balance of what will be rock cut in a sheared phase, some rock that will be not so sound, and the applicant has gone through great strides to prepare a plan that balances a likely scenario of what will be rock cut versus ultimate disturbance on the property, because they are looking at a situation where potentially, if the rock is sound, they have a lot less disturbance.  Mr. Allen said that recently, he thought the applicant in terms of isolating the individual aspects of this plan, has done a good job. He said that they had just a few moderate comments...some more erosion control to protect the stream, temporary sediment trap (brought up in their memo), which is proposed on the entrance of the property and he understood the Board did not want to see that along the roadway, but from a pure technical standpoint, it would probably help with stormwater controls of the property in its entirety, but not withstanding the applicant has proposed alternate stormwater controls at the bottom of the hill in the form of galleys to slow and dissipate the flows from the hillside.  He said that all in all, he thought the applicant from an individual technical standpoint has done a good job to date.

 

Mr. Cleantis asked if there was anyone from the public in favor of the project who would like to speak.

 

There was no one.

Mr. Cleantis asked if there was anyone from the public who wanted to speak on this application.

 

Mr. Phil Vartanian introduced himself and stated that he spoke to someone with regard to the Steep Slope Law and he made it interesting in terms of the language between a plot and a lot.  He said that thirty seven acres would be considered a plot.  A person had the right to build a home wherever he wanted, even if it disturbs steep slopes.  The intent in the spirit of the law is not to subdivide that into lots and then disturb a majority of the steep slopes.  Mr. Vartanian said that he said the ambiguous language was put in at the discretion of the Planning Board to make a judgement about the intent and spirit in which the law was written.

 

Mr. Robert Hutchinson of Continental Village introduced himself.  He stated that he lives about six hundred yards from the southwest corner of Mountain Trace.  Mr. Hutchinson said that he was invited to participate in the bio-diversity assessment training program under a grant order to the Putnam Valley Commission for the conservation of the environment by the NYS Commission for Hudson River Estuary Program administered by Hudsonia.  He distributed copies of a memo/attachment, which he read aloud, to the Planning Board (copy on file at Town Hall).

 

Mr. (inaudible) of the CAC introduced himself and stated that he had reviewed this land.  He said that the boundary on the south side of the property is the New York City Water Aqueduct, and his concern is the extensive blasting to the rock and the affect it would have on a hundred year old aqueduct, and if the NYC Water Commissioner had been brought up to the fact that this is what is going to be done.  He said that he wanted to make the Board aware of that.

 

Mr. Cleantis said that he believed there have been concerns, but if he would like the applicant to respond to that.

 

Mr. Wegner said that in Part 3 of the EAF there is a letter from the New York DEC and they do not have concerns regarding blasting for the project or siltation.

 

Mr. Merante asked if it was the letter of October 1, 2001 to Mr. Galler.  He read a small section from the letter and asked if that was essentially it.

 

There was no answer.

 

Mr. Bob Koch introduced himself and stated that he is the individual that is closest to the area of disturbance. He said that as a matter of fact, he thought in Mr. Schiff’s report, he said that the area of disturbance was within seventy feet of his property and one hundred forty feet from his house.  Mr. Koch said that he took measurements from the side of his house toward the property and it is actually one hundred forty five feet and is right in the watercourse.  He asked what type of disturbance would be in the area between the road and that mark. 

 

Mr. Cronin said that there is no disturbance in the watercourse.

Mr. Schiff addressed Mr. Koch and said that they looked at the limits of disturbance where this is going to be graded and his house, and the closest place was about here (pointed out).  He pointed to another location and said that he believed that was where it gets closest to Mr. Koch’s property.  Mr. Schiff said that the measurement is from where the edge of the grading would occur to where Mr. Koch’s house is.

 

Mr. Koch asked if they could tell him what would be done in that area.

 

Mr. Cronin said that the road is actually going to be lowered from the existing grade that’s there.  He said that Mr. Koch will look out, see the rise, it will drop off where their road is, and then he’ll see the other side of the road.

 

Mr. Koch said that there are some large rocks/boulders in the area, and asked if they were going to be removed.

 

Mr. Cronin said that he did not know specifically which ones he was referring to, but if they are in the way of the road, yes, they are coming out.

 

Mr. Koch said that he did not think they were in the road.

 

Mr. Cronin said that if it has to come out to construct the road, they are going to take it down and move it.  If it’s not required to come out and it is stable, then it will stay there.

 

Mr. Koch said the area has a considerable amount of rock and the rock is probably twelve feet high.

 

Mr. Cronin said that he expected a lot of that area will be removed for the construction of the road.

 

Mr. Koch said that he had a question for Mr. Allen.  He said that in his most recent report, he indicated that he met with the engineers over most of the issues they had raised in his earlier report, and one of those was referred to having to do rock drilling/rock tests.  Mr. Koch asked if that was done.

 

Mr. Allen said that it was not.  He said that they met on the site and in lieu of actually getting a grill rig in there, which would be quite difficult and almost impossible under the conditions without building the road to start with, they looked at the condition of the rock and had agreed upon an excavation sequence that would be relative to some vertical removal of rock, some earth cutting, and a combination thereof.  In lieu of actually getting out and testing the rock to say yes, it will be vertically cut or sloped back, and the applicant has balanced the two in a reasonable fashion to their satisfaction.

 

Mr. Koch asked if all of those other issues that were on there had been resolved.

Mr. Allen said yes, except for (inaudible).

 

Mr. Koch said that one of the things he had a problem with was trying to find how these things were resolved when they have an engineer that goes out and lists items that are of concern and then they get a report back with a blanket statement that they’ve all been resolved.  He said that he was not that familiar with the stormwater reports, but thought it would be helpful that they indicated specifically how it was resolved.  Mr. Koch said that he noticed the same thing with Mr. Tully’s reports.  He said that one of the issues that had come up in the past about the roadway was the concern with regard to once it is put in, who would take care of it.  Mr. Koch said that there had been mention about a maintenance agreement.  He said that it was two years ago, he thought Mr. Cronin agreed to supply a maintenance agreement, and asked if the Board recalled that.

 

Ms. Doherty said that she recalled the discussion and was sure it would be a condition of any approval.

 

Mr. Koch asked if that had been done.

 

Mr. Steinmetz said that as Ms. Doherty said, that is correct.  He said that ordinarily, in his practice he’s never seen it tenured to the Board at this juncture.  Mr. Steinmetz said that clearly, he had indicated in response to that question more than two years ago that there would be a private road maintenance agreement that would adequately address issues of maintenance upkeep, repair, snowplowing, etc., and that would be submitted to the Town, and customarily Boards adopt resolutions that say that it will be subject to review by the Town Counsel.

 

Mr. Koch said that in the previous minutes the road was supposed to be fourteen feet with a two foot shoulder.  He asked if this was sixteen feet with the two foot shoulder.

 

Mr. Cronin said that it is sixteen feet and he did not think it would be constructed to the same structural capacities as the fourteen plus two foot shoulder would be, so they do have a sixteen foot actual road service.

 

Mr. Koch said that he was talking about the actual slope.

 

Mr. Cronin said that there will be a level area adjacent to the edge of the road that will allow snow to be pushed off to the side so it is not on the road.

 

Mr. Koch said, so it has to cut deeper into the hillside.

 

Mr. Cronin said right, that is what they’ve shown on the plan.

 

Mr. Koch said that with regard to the ten thousand yards, he thought that ten thousand yards within a twenty yard vehicle amounts to about five hundred truck loads.  He said that one of the concerns that a neighbor raised was that the road is marked as a ten ton limit.  Mr. Koch said that they are talking about five hundred loads going over the ten ton limit road, and he did not know if that was a consideration.  He said that its been said by one of the engineers and Mr. Steinmetz that in order to build one house they would still have to build the same road.  Mr. Koch said that it doesn’t seem realistic to him.  He said that he believed there were other areas on the property  - down at the south end possibly, to get one house in the area where he believed there was an alternative road.  Mr. Koch said that if they wanted to build one house, they wouldn’t need a twenty foot wide cut.  A single house would probably only require a ten foot wide driveway.

 

Mr. Cronin said that it would require a ten to twelve foot wide driveway and then the same shoulder, so instead of having a twenty foot cut, you may have a fourteen foot cut, but essentially that cut would be in the same location and would traverse essentially the same slopes.  He said that as far as putting in a house down in this area (pointed out), they’ve walked the area.  There is no area there capable of accommodating a septic system.  He said that there are houses across the street, which he believed are all on individual wells, so their septic would be up-sloping within a hundred feet or certainly two hundred feet of those wells.  Mr. Cronin said that it is impossible to put a house there.

 

Mr. Koch asked where the two houses were just south of that.

 

Mr. Cronin said that he did not know.  He said that he did not know when they were built and under what criteria, but he did know that under current codes/today’s standards, you cannot put a house and a septic within a hundred feet or two hundred feet of a down slope well.

 

Mr. Koch asked if he was saying that they can’t put a driveway in four hundred feet up.

 

Mr. Cronin said no.  He said that you’d end up with significantly more cuts trying that than you would here (pointed out), and then if you go four hundred feet up, you’d still have class three slopes/class two slopes that you’d have to build on.  Mr. Cronin said that they’re putting this road in to get to the areas that are more developable, where the area is flat.  He said that if they did what Mr. Koch suggested, they’d actually be building on slopes steeper than where their proposed road is going, so it is not a viable option.

 

Mr. Merante asked Mr. Koch if he had Continental Village water or had his own well.

 

Mr. Koch said that he has his own well.

 

Mr. Merante said that he was under the assumption that they had Continental Village water and it raised a problem with him with regard to blasting, because when Route 9 was done by the State several years ago, it was a major problem.  He said that they had people a mile or two away that had never had well problems and the day after blasting they lost their well.  Mr. Merante said that he knows it had been addressed under the impact - item number 10, but would like to know what recourse the neighbors will have when they start blasting.  He said that he felt it was extremely important.

 

Mr. Cronin said whatever company is hired to do the blasting, it would have to file appropriate insurances with the Town.  He said that if that blaster, who is more knowledgable with the rock formations and rock removal when it’s blasted, feels as though there is a concern with adjacent wells, he’d like to think he is going to put shots in there that are considerably smaller than what they used on Route 9.  Mr. Cronin said that the Town, if and when they get the approval, wants to add conditions to their blasting protocol/blasting requirements, he is certainly in favor of that.

 

Mr. Koch addressed Mr. Cleary and said that he had taken a look at the other sites.  He asked if Mr. Cleary believed it was impossible to put a driveway up those Mr. Koch said that he thought there was a difference in requirements for a single house for a driveway...open development.

 

Mr. Gibbons said that there is a difference between a driveway and an oda road.  He said that it is ten foot versus fourteen. 

 

Mr. Koch said that the point is that if you put in a ten foot wide driveway, you don’t have to cut another ten feet into the side of the hillside.  He said that the whole problem is the roadway and the amount of destruction.

 

Mr. Cleantis said that he wanted to remind Mr. Koch that the application before the Board is for a four lot subdivision and not for one house. 

 

Mr. Koch said that the point he was trying to make was that their position is that as far as reasonable use of the property.  He said that he believes that one house would be a reasonable use of property that they paid $145,00.00 for.

 

Mr. Cleantis said that he was going to ask the Board to agree with him to continue this public hearing for another time.  He said that the public will be able to speak tonight and will have another opportunity at another time if the Planning Board agrees.

 

Isabel Lopatin introduced herself and stated that she wrote a report to the Planning Board from the Wetlands Advisory Committee (copy on file at Town Hall).  She said that she wanted to go over two paragraphs briefly and read them aloud.  Ms. Lopatin said that the Committee requested the Planning Board to ask the applicant to make a serious and complete evaluation of this possibility.  She asked if this request was made and said that if not, she would suggest that the Board consider that.  Ms. Lopatin said that speaking as a citizen, the purpose of government is not to enable individuals to maximize profits.  The purpose of government is to create an environment in which all citizens can share equally in what they have and have a common vision of how they would like to live.  Ms. Lopatin said that it is not their purpose to enable profit making on the natural resources that need to be protected.

 

Mr. Gibbons asked Ms. Lopatin what she meant by a notched roadway.

Ms. Lopatin asked Mr. Mastrantone if he could explain.

 

Mr. Mastrantone said (inaudible).

 

Mr. Brower said that on the original plan, they called for blasting of the rock outcrop south of the driveway and asked if that still had to be done for sight distances, because it was not mentioned tonight with this plan.

 

Mr. Wegner said that is still the same.

 

Mr. Brower said, so you still have to blast an outcrop that is on the south of the driveway.

 

Mr. Wegner said a small portion.

 

Mr. Vartanian said that as a member of the CAC, he would like to request to see the letter from DEP that approved the blasting.

 

Mr. Wegner said that Town has it - it was submitted with the EAF.

 

Mr. Barry Naderman introduced himself.  He said that for the purpose of the record, the prior letters he submitted to the Board were March 20, 2002 and July 17, 2003.  He said that Mr. Steinmetz  brought up some of the new found history of the project relative to the (inaudible) process.  Mr. Naderman said that there are new laws that have evolved - the Wetlands laws, the steep slopes laws and the NYS DEC stormwater pollution general permit requirements.  He said that they continue to characterize the property as having less than five acres of disturbance, which would require the preparation of a stormwater pollution prevention plan for approval by the DEC.  Mr. Naderman said that he thought this more readily shows what they’re representing as the clearing on this to keep under that five acres.  He said that they did include some of the terraced walls that work up in the embankment, but as they come along the house site, they have a residence (pointed out) that is handcuffed by a very limited yard area, there’s two on one embankments five feet off the front of the house, and two on one embankments off the back of the house.  Mr. Naderman said that ultimately, he did not believe that it is going to be the clear limits for that lot.  Similarly, on Lot Three there is a very restricted clearing in the back.  He said that he thought Lot Two was going to have a larger yard and did not think that these represent accurate clearing limits, and therefore, they probably will not stay under the five acre requirement.  In addition, with the septic areas, they’re only showing the clearing of the primary areas.  If there is any fill that’s required for the septic areas, the Health Department requires it for both the primary and the expansion.

 

Mr. Wegner said that the septics do not require any fill.

 

Mr. Naderman said that if the applicant feels that these are realistic and accurate clearing limits, municipalities now actually include those on the plat and the homeowner is alerted to the fact that they are restricted to only those clearing limits.  Essentially, they are agreeing with what they’re representing and they are backing it by saying they’re going to restrict clearing on this lot permanently.  Otherwise, this representation means nothing and certainly the clearing numbers are going to be greater.  The increased clearing is wrong, therefore the drainage calculations do not provide an accurate representation of what’s going on. 

 

Mr. Merante asked if Mr. Naderman was implying that if the homeowner, down the road, has a problem with his septic, that he would clear (did not finish sentence).

 

Mr. Naderman said no, first he was implying that the developer or builder of each lot is going to clear more than what is represented on the plan and it is certainly the cumulative impacts that Mr. Cleary talks about that have to be accurately identified and represented.  He said that if they look at their sediment erosion control plan, they have a temporary sediment trap in the bottom, they talked about the additional blasting that has to go along Sprout Brook Road to improve those sight lines, they have a temporary sediment trap in this area (pointed out) and have some of those sediment traps up here (pointed out) - all of these areas which are going to be clear, are not identified in the clearing limits that represent the 4.7 acres.  So already they’re flirting closer and closer to that five acre restriction.  Mr. Naderman said that it really needs to be carefully looked at.  He said that there was a discussion that there wasn’t going to be any increase in runoff and they talked about the watercourse itself and diverting flows down to what they call design point three.  Mr. Naderman said that on the linear stormwater management report they accurately indicate that for purposes of this study, the existing flows at design point three are zero.  The proposed flows during the twenty five year storm are increased to about 26 cfs.  So that means that they are bringing 26 cfs additional runoff down to design point three.  They’re saying that the County said it, the Highway Department says that they can divert flows down there, but there has never been any impact assessed downstream.  (Inaudible) all the way down to Sprout Brook to accommodate that additional 26 cfs.  He said that 26 cfs is about eleven thousand gallons a minute that would be increased to that drainage point in Sprout Brook Road.  Mr. Naderman said that he did not think they have had any correspondence from the County and Highway Departments since their earlier correspondence that says, yeah, this is o.k.  He said that there were some discussions about (did not finish sentence).

 

Mr. Cronin said that he would like to point out, before Mr. Naderman continued, that the County actually instructed them to put that discharge into the (inaudible).

 

Mr. Naderman said that he understood the encouraged use to divert the flows in theory.  He said that he does not argue with the fact that they urged them to divert those flows, but particularly with the elimination of all the stormwater mitigation features that they’ve talked about, there are no detention basins anymore, some of the infiltrations from the water quality basins were removed, so with a reduction of stormwater management facilities that are provided on the site, they are not entirely sure that the County knows that that point is going to get 26 more cfs.  Mr. Naderman said that there’s no documentation to that.

 

Mr. Merante said that on the detailed drawings, they are showing eighteen inch inlets and outlets and asked if that was able to handle that kind of flow.

 

Mr. Naderman said that there’s more to it than that and one thing is what is going to that structure now.  He said that they don’t know how much flow is going to design point three right now - they didn’t analyze that.

 

Mr. Cronin said that the high point in Sprout Brook Road occurs pretty much at their property - it slopes of this way, then slopes off that way (pointed out).  The eighteen inch pipes he believed are the ones on their road.  Mr. Cronin said that they may be eighteens on Sprout Brook Road, but actually the one that ultimately discharges down to Sprout Brook itself is a four foot pipe.  He said that certainly, they have conversed with the County.  If the Board would like them to get a more current letter based on the current analysis, then certainly they would provide that.

 

Mr. Naderman said that he thought that was an important thing.  He said that the EAF indicates that there’s no Health Department approval required for this subdivision because all the lots are (inaudible), and technically that is the case.  The Planning Board has to acknowledge that - they don’t know how the Health Department feels about this.  Mr. Naderman said that they talked about the ten thousand cubic yards of material.  It is not uncommon from a municipality to ask the applicant to assess the roadway system.  He said that in the EAF, under impacts on plants and animals, there is an item that states determination shall be made by the DEC as to the known presence of any threatened or endangered species and in that response regarding endangered plant and species, they received a response.  The response from the DEC stated that information within their response was considered sensitive and direct and was not to be released to the public without permission from the New York State Natural (inaudible) program.  Mr. Naderman asked if anyone wondered about that.

 

Mr. Steinmetz said that is a standard response from the DEC.  He asked if Mr. Naderman would like to read the rest.

 

Mr. Naderman said that the response did disclose that there have been no reported sightings of any threatened or endangered species within two miles of the site, but that doesn’t mean there haven’t been any subsequent studies done by other parties.  He said that while the visual impacts he thought were mostly from the population that is going to be traveling down Sprout Brook Road, it is certainly appropriate for the visual addendum to be done.  Lastly, with regard to the impact on growth and character of community or neighborhood, the proposed action will set an important precedent with future projects, it says that this project is anticipated to set a sound precedent establishing the laws effective in a limited impact to steep slopes.  Mr. Naderman said that he was not sure this was the type of precedent the Town really wants.  He said that the bottom line is that the Part 3 of the EAF had eighteen items that they’ve addressed that were identified as being potentially large impacts.  That’s a lot for a project.   Mr. Naderman said that there’s been discussions about whether or not the site has to be developed as proposed.  With regard to the road section proposed for the private roadway, it actually turns out that there’s a twenty five foot width in total that is cut (adding up the sixteen foot wide road, four foot shoulder, two foot shoulder and a gutter, etc.).  He said that if you did an individual driveway that was ten, eleven, twelve feet with a couple foot shoulders on either side, it limits them to about a fifteen or sixteen foot cut.  So there could be a difference of about nine or ten feet of less cut into that embankment.  Mr. Naderman referred to the plan and pointed out the sections they provided that illustrate the cuts in certain areas and also the benching that Mr. Allen was referring to in case they don’t hit stable rock.  He said that by merely reducing the width of that cut, it would bring the embankment this way (pointed out).  Mr. Naderman referred to a location and said that there, there is virtually no cut whatsoever, but the peak areas represent the volume of material that would be reduced in cutting out of the hillside by reducing the road standards to a private driveway.  He said that this is an extremely difficult project for everyone to embrace.  There are memos that are written and they are not sure if they were responded to.  There are alternatives and they are not sure if those alternatives were responded to.  Mr. Naderman said that he thought it was a huge burden for the Planning Board to try to go through the mountain of material that is being provided and make the ultimate determination that everything has been looked at and done properly.  He said that the SEQRA Law provides the Board with the tools to seek help from other agencies to help review the material.  Mr. Naderman said that a positive declaration takes some of the burden off of the Board to weed through all the material and have other government agencies look at whether or not (did not finish sentence).

 

Mr. Cleantis said that he did not believe the Board was quite at that point - whether it has decided to make a positive declaration at this point.  He said that the Board wanted to gather as much information as it can, shift it to its Planner, have it brought back and make the determination perhaps at the next meeting.  Mr. Cleantis said that the Board realizes that this is a monumental project and it means a great deal to the Town.  He said that it makes sense to make a pos dec from his personal standpoint, but he will bring it up with the Board when the time comes. 

 

Mr. Andy Chmar introduced himself and stated that it has been an impressive learning experience from everybody.  He said that he thought what happened in 1988 and 1992 is really irrelevant.  Mr. Chmar said that the Town laws as they exist now and the Town’s intentions in terms of protection of natural resources, didn’t exist at that time, but do exist now.   He said that it sounds to him like these are very dated letters and he wasn’t sure which of the site plans they apply to, but would recommend that Wetlands and CAC go back and re-evaluate these properties.

 

Mr. Cleantis said that he was going to invite the Wetlands and CAC to get copies of this and bring it back to their committees and to the next public hearing.  He said that he was not sure of the protocol and was not asking for any kind of formal thing at this point, but he will informally ask the applicant to make sure that both the Wetlands and CAC get this full package and if they choose, they can at their own meetings go over this and report back to the Planning Board.

 

Mr. Chmar said that it is interesting that this applicant, six months ago, came before the Board and requested a (inaudible) site to be cut into a class three slope on Route 9.  The Town Planner said that (inaudible) to consider that application because it violated the steep slope laws.  He said that this is not a commercial application and is a completely different plan and request, but essentially, it is the same request - you have an individual requesting that a subdivision occur that will cause steep slopes to be (inaudible), and he thought the Board members had to keep that in the back of their mind.

 

Mr. Galler introduced himself and stated that he and his wife are probably the largest adjoiners to the property.  He said that someone had asked about whether the city’s Department of Environmental Protection’s contacted the developers.  Mr. Galler said that it was by his wife and him with a rudimentary copy of the plan and was also done at the time when the DEP was exceedingly understaffed, so he thought, coming from them was not like it was coming from the applicant or the Town.  He said that the second thing he wanted to bring up was that continually the applicant is saying that they want to have the right to use their land to the fullest value.  Mr. Galler said that he’d like to sort of have the right to keep a swamp that’s existing since eternity and hasn’t been cut in more than a hundred years.  He said that dropping below runoff is not necessarily a good thing - a water budget is exceedingly important and needs to stay stable from what it was.  Mr. Galler said that within the Environmental Impact Statement, the letter they had gotten from the DEC was in 2001, and since that time, Hudsonia had done two reconnaissances on the swamp and in their second reconnaissance, which was a letter that went to the Planning Board on October 8th, and they found what is considered a State rare woodland plant known as a woodland agrimony, which was confirmed by  botanist David Warner.  Mr. Galler asked the Board how many times it had applicants who’s primary presenter was an attorney and how many times there was a stenographer in the room.  He said that it is a show and it is done to intimidate.  Mr. Galler said that he thought the Town means a lot to the Board and he did not think it should  be intimidated.

 

Mr. Cleantis asked if there were any additional comments from the public.

 

There were none.

 

Mr. Steinmetz said that he wanted to respond to something Mr. Cleantis said.  He said that Mr. Cleantis read a statement from the minutes.  Mr. Steinmetz said that he wasn’t at the last meeting, but his clients came away from that meeting hearing Mr. Cleantis make those very statements that he said about there not being any change in the application.  He said that is precisely why his clients asked their consultants to prepare the chart and he hoped the Board will have a chance to study and realize what they’ve put in front of the Board, and that is that there is a significant change from the application originally in terms of land disturbance going down in excess of an acre, wetland and watercourse disturbance going down significantly, the length of the oda road going down significantly, and the length of the grade or the length of the intrusion to the fourteen percent area.  Mr. Steinmetz said that the reason they did that was because they wanted to make sure the Planning Board saw the difference.  He said that for somebody to say and generalize that there’s been no change, to him means that there has not been an adequate study and there is not empirical information in front of that person.  That’s why they wanted to make sure the Board had this.  Mr. Steinmetz said that one of the first speakers commented about the spirit and intent of the steep slopes law and about ambiguities and having conversations with draftsmen about the ambiguities.  He said that he wanted to make it clear for the record and suggested the Board speak with Mr. Pagones, that to the extent that there are any ambiguities in a municipal code, those ambiguities, as a matter of law, are resolved against the municipality and in favor of the private property owner or applicant.  Mr. Steinmetz said that there is a region of case law on that concept so that if the Board and the public feel their own law is ambiguous, it is to be construed against the Town.  He said that in terms of the cumulative impacts, they will come back and present additional information at the next hearing to address Mr. Cleary’s legitimate comments.  Mr. Steinmetz said that both of them stood before them tonight and both of them separately and independently told the Board that their consultants have addressed specifically the issues that have been presented by them and have satisfactorily addressed them.  He said that they haven’t determined that there is an adverse cumulative impact.  If Mr. Cleary decides that there is or finds something empirically that can be measured, they would ask him to share it with them.  In addition, rather than making generalizations, if he’s got a factual statement on that or even a creative suggestion, they have listened to everything that Mr. Allen and Mr. Cleary have presented, they’ve gone out to the site and they are certainly happy to entertain those suggestions because they understand that they are standing before the Board under its steep slopes law, under New York State Town Law 276, which governs subdivisions, and under SEQRA and they are prepared to mitigate to the maximum extent practicable the impacts associated with the project.  Mr. Steinmetz said that finally, there was a comment made by Mr. Chmar with regard to 1988 and 1992 determinations being irrelevant.  He said that he said to the Board after he presented them that he realized they were done before the steep slopes law.  Mr. Steinmetz said that it is critical to him that the Board not ignore that the New York State Environmental Quality Review Act was adopted in the seventies.  He said that SEQRA applied in this Town in 1988, it applied in 1992, and it still applies. Mr. Steinmetz said that if they are going to listen to the Board’s Town Planner on issues, then they have to listen to what the Town Planner said at that time.  He said that they also need to listen to what the Planning Board’s predecessor board said at that time.  It is critical that the Planning Board, with a five lot subdivision, found a negative declaration under SEQRA.  The standard for a neg dec in 1988 is not different than the standard today.  Moreover, what they’ve done in this process over four years is given the Board the chance to take a very thorough analysis.  Mr. Steinmetz said that it is clearly a challenging subdivision and no one is disputing that and it is a difficult application, but it doesn’t mean that it is unlawful and that his client doesn’t get the protection that the Constitution affords him.  Mr. Steinmetz said that he looks forward to seeing the Board at the next public hearing and they would hope that at the next meeting, they get to that defining moment, because SEQRA says very clearly that a determination of significance is supposed to be made at the earliest possible date.  He said that he thought his clients have been waiting four years for that determination of significance and have worked very cooperatively with the Board.

 

Mr. Cleantis said that at this point, he would like to get a consensus from the Board as to whether it felt the public hearing should be held open.  He asked that the applicant prepare two packages for the Wetlands Committee and CAC, and asked that the two committees continue their review of this application and submit something in writing to the Planning Board.

 

Mr. Steinmetz asked Mr. Cleantis to share with them any written comments.

 

Mr. Cleantis said that they will hold the public hearing open.

 

Ms. Doherty made a motion that the public hearing be held open.  Mr. Pidala seconded the motion.  The vote was as follows:

                                                George Cleantis            -            In favor

                                                Josephine Doherty            -            In favor

                                                Michael Gibbons            -            In favor

                                                Kerry Meehan                        -            In favor

                                                Anthony Merante            -            In favor

                                                Andrew Pidala            -            In favor

                                                Pat Sexton                        -            In favor

 

Mr. Cleantis announced that because of time restraints, the Planning Board would not address the Carlson Construction Management Co. and Coral Sea Pools Service Corp. applications.  He stated that both applications would be placed at the top of next month’s agenda.  Mr. Cleantis said that with regard to Glenclyffe, the Board has had a workshop and discussed the application extensively.  He asked for the Board’s feeling with regard to scheduling a public hearing for next month, without necessarily going into extensive discussion this evening.  Mr. Cleantis asked for a motion.

 

Ms. Doherty said that she would say that as long as there was no objection from the Town Planner or Town Attorney.

 

Mr. Cleantis said yes, it would be contingent on that and the Board would give them both an opportunity to veto that, but they were not present at the meeting, so the Board would take the matter in its own hands.

 

Mr. Merante made a motion to put the Glenclyffe application on the agenda for a public hearing next month.  Ms. Sexton seconded the motion.  The vote was as follows:

                                                George Cleantis            -            In favor

                                                Josephine Doherty            -            In favor

                                                Michael Gibbons            -            In favor

                                                Kerry Meehan                        -            In favor

                                                Anthony Merante            -            In favor

                                                Andrew Pidala            -            In favor

                                                Pat Sexton                        -            In favor

 

Dennis Santucci Contracting Corp. - Approval of Access - 10 & 14 Ridge Road, Garrison

Mr. Cleantis said that Mr. Santucci came before the Board last month showing that he complied with the Planning Board’s revised standards for access, but he had a few other items to bring before the Board this evening.  He said that the Board sent a letter summarizing its requests.

 

Mr. Natalino Iamiceli, Engineer, introduced himself.  He said that they propose to put two houses on existing lots.  The two lots would be merged into one and the one lot remains the same.  They want driveway access and are proposing it on improving the road from Aqueduct to the second driveway.  Mr. Iamiceli said that they are making the road twenty feet wide with three foot shoulders.  He said that they don’t want to change anything and they have submitted material to the Health Department for their approval.  Mr. Iamiceli said that they will be two, three-bedroom houses.

 

Mr. Cleantis said that in their letter, they asked for a revised road improvement plan showing two and a half inches of asphalt.

 

Mr. Iamiceli said yes, he had that.

 

Mr. Cleantis asked if he had a completed wetlands permit application.

 

Mr. Iamiceli said yes, that was done.

 

Mr. Santucci said that they were at the Wetlands’ last meeting, and it was his understanding that the Planning Board has to give the wetlands approval.

 

Mr. Cleantis said that the Board asked for a plan showing the ditch location and cross-section.

 

Mr. Iamiceli said that they eliminated the ditch completely. 

 

Mr. Cleantis asked about the drainage report indicating that the ditch in both existing and proposed culvert can accommodate runoff from a twenty five year storm.

 

Mr. Iamiceli said that he submitted some material to the Town Engineer.  He said that there are some comments he had to answer.

 

Mr. Cleantis asked if there was a road maintenance agreement that obligates the owners of the proposed residences to maintain Ridge Road from the Town road to their driveway.

 

Mr. Iamiceli said yes, that was submitted.

 

Mr. Cleantis asked if the Board had any comments/questions.

 

Mr. Gibbons said that the applicant had a wetlands permit issued May 15, 2004 and asked what the difference between that wetlands permit and the current permit they were seeking was.

 

Mr. Santucci said that originally, they were trying to go for one home, but the Board wanted a wide road and road construction, so they revised the plan and are building two houses on the site.  He said that the original plan was for one driveway.  This application is for two driveways and all of the road construction.

 

Mr. Gibbons said that he couldn’t locate the wells on the drawings.

 

Mr. Santucci said that there is public water.

 

Ms. Sexton asked if they were supposed to take the alternate runoff and go with alternate two.

 

Mr. Santucci said that they were both on there.  He asked which one the Board wanted off.

 

Several Board members said that they wanted the twenty foot on and asked that the other be taken off.

 

Ms. Herring said that they received sixteen comments from the engineer.

 

Mr. Cleantis asked if the applicant had a copy of that.

 

Mr. Santucci said that he just received it today.

 

Mr. Cleantis stated that he had a letter from Bibbo Associates outlining sixteen items that need to be addressed by the applicant.  He asked if the Wetlands was involved in this.

 

Mr. Santucci said yes.

 

Mr. Merante referred to the draining into Sylvan Pond, the runoff from the roads and asked if it was a wetlands consideration or a DEC consideration.

 

Mr. Tim Allen of Bibbo Associates stated that they prepared the memo for the Board’s review.  He said that in this case, they are dealing with improving existing conditions, whereas the application before the Board earlier was a very new situation.  Mr. Allen said that he just met with the applicant and his representative and he thought their comments could certainly be addressed.

 

Mr. Mastrantone said that when they originally met with Mr. Santucci, his application for the variance was for the three lots combined.  He said that he came back to them with the subdivision and told them he was not the owner of the property, but was on the application as the owner and not the applicant.  Mr. Mastrantone said that he also said that he had Board of Health approval.  They questioned him on that and he said that it was pending.  Their meeting was on the 8th.  Mr. Mastrontone said that he spoke with (inaudible) on the 9th and they hadn’t heard anything about it.  He said that the lots are very small in Continental Village.  When they grant the variance, they like to know about the septic and what’s going on, so his application is invalid.

 

Mr. Cleantis asked if he was referring to the wetland application being invalid.

 

Mr. Mastrantone said yes.

 

Mr. Iamiceli said that with regard to the Health Department, Joe Paravoti, the inspector, has been out there and inspected the deep hole tests.  He said that he’s been working with him on it and they know about it.

 

Mr. Cleantis asked if he had anything in writing on that.

 

Mr. Iamiceli said that he did not have it with him, but did have stuff on that.

 

Mr. Cleantis asked if there was anything else specifically related to wetlands and the impacts on the project.

 

Mr. Mastrantone said no.

 

Mr. Cleantis asked if anyone wanted to speak out in favor of the proposal.

 

There was no one.

 

Mr. Cleantis stated that he’d like to open the floor to the public.

 

There were no comments.

 

Mr. Merante said that he wanted to go back to the comment with regard to improvement.  He said that they are still talking about drainage going into the water body from a paved surface - first flush in the winter - oil and salt, etc. 

 

Mr. Allen said that he did not really think the applicant had the opportunity to provide the stormwater first flush condition with the perimeters of what he’s working with in terms of the roadway itself.  He said that the catch basins that are being proposed so that they can catch sediment.  Mr. Allen said that he thought under that condition, that was really the best he could do unless the Board wants to see a more detailed analysis of drainage or a more quality study.  He said that they really hadn’t been thinking in that large of terms with the discharge to the lake.

 

Mr. Gibbons asked if Mr. Allen would be willing to explain to the Board how the drainage application is going to work either at this meeting or a follow up meeting.

 

Mr. Allen said that essentially, the applicant is proposing a new drain at the base of the properties that are being developed and they’ve asked them to take in the larger picture of that drainage basin as opposed to just the runoff from the road to properly size the drainage facilities.  He said that additionally on the lots themselves, he’s proposing dry wells to mitigate the impact of the lots with dry wells and discharge dry well from the roof (inaudible), so that’s been addressed on a per lot basis, so really they’re dealing with the roadway.

 

Mr. Merante referred to the water service.  He said that they’ve probably had or will have access to Continental Village water (inaudible).

 

Mr. Santucci said that it has.

 

Mr. Merante said that there was nothing that blocks it currently.

 

Mr. Santucci said no.  He said that he has a letter from the Water Department saying that those lots have adequate water service.

 

Ms. Sexton made a motion to close the public hearing.  Mr. Pidala seconded the motion.  The vote was as follows:                        George Cleantis            -            In favor

                                                Josephine Doherty            -            In favor

                                                Michael Gibbons            -            In favor

                                                Kerry Meehan                        -            In favor

                                                Anthony Merante            -            In favor

                                                Andrew Pidala            -            In favor

                                                Pat Sexton                        -            In favor

 

Mr. Cleantis said that the Board needs to have some further information from the applicant to address the engineer’s comments, so this is going to have to go on for another month.  He asked if the Board wanted to do the Part 2 tonight and then get the comments later on.

 

The Board agreed that the applicant would address the engineer’s questions and then come back to the Board at his earliest convenience, and at that particular point the Board would do the Part 2.  Mr. Cleantis said that he would take the liberty of addressing the wetland issues.  He said that he did not think the issue of owner or applicant was a big issue.

 

Mr. Santucci asked if the Board wanted him to bring in the letters from the Health Department.

 

Mr. Cleantis said yes.  He said to the applicant to keep in mind that he needed to ask the Board to place him on the next agenda.

 

Correspondence

1.         Letter dated January 20, 2005 from Town of Cortlandt to Donald J. McGrath regarding Angell application.

2.         Memo dated January 20, 2005 from Tim Miller regarding Highland Country Club.

3.         Letter dated January 20, 2005 from Tim Miller regarding Canopus Creek.

4.         Letter dated January 21, 2005 from the Philipstown Planning Board to William Mazzuca regarding revisions of proposed local law for Quarry Pond.

5.         Letter dated January 21, 2005 from the Philipstown Planning Board to the Philipstown Zoning Board of Appeals regarding Morris/Lippe application.

6.         Letter dated January 24, 2005 from the Department of Health to the Town of Philipstown Planning Board regarding the Quarry Pond DGEIS.

7.         Letter dated February 1, 2005 from Wormser, etal. to Chairman of Planning Board - Town of Cortlandt regarding Angell subdivision.

8.         Letter dated February 7, 2005 to George Cleantis, Chairman from Anita Chester regarding Esselbourne Road/High Road Subdivision (Morris & Lippe).

            Mr. Cleantis asked the Board members to read the above stated memo.

9.         Letter dated January 27, 2005 from Tim Miller to the Philipstown Planning Board regarding article, “Who Let The Dogs Out”.

10.       Memo dated February 16, 2005 from Tina Merando to the Philipstown Planning Board, etal. regarding March 10, 2005 Workshop.

11.       Letter dated February 11, 2005 from Bibbo Associates regarding Mountain Trace Subdivision.

12.       Letter dated February 10, 2005 from Robert P. Freeman to the Philipstown Planning Board regarding Application of Canopus Creek Properties.

 

                                                            Regular Meeting

 

Stephen Pidala - Site Plan Application - Route 9, Cold Spring: Submission of revised site plan:  Discussion

 

Mr. Pidala recused himself and left the table.

 

Mr. Cleantis said that the Planning Board had made a site visit on January 30, 2005 and there were many comments from the Board at that time. 

 

Mr. Michael Carr introduced himself.  He stated that since last month’s meeting, they’ve made some substantial changes to the plan.  Mr. Carr said that there was a comment about the bulk zoning analysis possibly being misrepresenting property as it stands.  He said that it was re-done.  The storage was changed and is now behind concrete screening walls parallel to both buildings.  It is now all within new bins on the south side of the wall.  The parking from the south side of the wall has been moved to the north side of the wall.  Three bins have been removed on the north side of the wall to allow for that.  Mr. Carr said that additional storage on the north lot has been delineated and now there is a chart which indicates every storage spot on the property, its square footage, and a running total of that as a percentage of the property size.  He said that what used to be parking is now concrete storage bins - similar to what’s on the north side of the wall.  They have a screening wall, similar to the north screening wall with a sliding gate, which will effectively screen all the storage bins on both sides of the wall.  He said that there is additional storage behind the proposed building which will be screened by the building.  The dumpster has been pushed back to the north east corner and has an opaque fence around it.  The tractor trailer turnaround has been removed and has been replaced by substantial landscaping.  (Inaudible) pine is what the applicant had suggested.  Mr. Carr said that the tractor trailer turnaround has been shown behind the north building and he’s laid it in as a full size tractor trailer and it does work.  He said that they had to shrink the storage area a bit to make it work.  Mr. Carr said that he would entertain further comments about the property.

 

Ms. Sexton asked a question with regard to all the piles that were on the property (inaudible).

 

Mr. Carr said that the existing condition map has been changed to reflect that.  He said that there is some storage along the side walk and at every garage door juncture and that is now shown.  The sand pile is shown.  Mr. Carr said that there are areas on the undeveloped lot where there is storage, and that is also shown on the existing condition map.  He said that on the proposed condition map, they’ve added quite a few more bins.  Mr. Carr said that he thought there were nineteen concrete storage bins.  The intent was to stop the random stacking pallets around the property to give a proper place for all outside storage.  He said that should effectively give the applicant enough room to store all the landscaping supplies, material and stone, etc. 

 

Mr. Merante said that it looked like there were all kinds of impediments to the turning around and asked Mr. Carr to explain what was going on.

 

Mr. Carr said that a lot of the impediments shown are underground galleys - it’s a septic system and he showed it on the map.  He said that what is shown on SA27 (a storage area) is currently a sand pile.  Mr. Carr said that if you visit the site in the summer, the sand pile isn’t there and in its place are pallets of blue stone and that kind of material.  He said that will have to be limited to the area shown so that the tractor trailer has a legitimate area to turn around in.  Mr. Carr said that he could back up into the mouth of SA11 and then have a straight shot back out the front. 

 

Mr. Merante asked with regard to the storage area how it is delineated.

 

Mr. Carr said that it will be monumented.

 

Ms. Doherty said that she thought a house was proposed on Horton Court and they were proposing to take the access from Horton.  She asked how many residences are presently there.

 

Mr. Carr said that he believed the count was somewhere around ten.

 

Ms. Doherty asked what the permitting number was.

 

Mr. Carr said that he was not sure of the answer.  He said that the applicant was under the opinion that there was a pre-existing residence there with access off of Horton Court and that access remains.

 

Mr. Cleantis said that he thought they would have to get something in writing, which is what Mr. Miller recommended also, showing that they have a right to go on that without access approval from the Planning Board.  He said that if not, they’re going to have to leave the house from the site.

 

Ms. Herring said that right now, they don’t see that just because it has an address and a deed that had a house there before - it’s not granting access.  She said that there may have been three houses there at that point, but now it does not meet the oda requirements.

 

Mr. Carr said that he spoke to the applicant at length today.  He was not able to come to the meeting and discuss this issue.  Mr. Carr said that he thought they were at the point where they were willing to make some significant changes to the application.

 

Mr. Meehan said that he did not like the whole center section of the plan.  He said that efficiency-wise, when you fill the bins up, you have to go out of the gate, around to get materials and back in some place to fill the truck up.  Mr. Meehan said that it doesn’t seem very efficient to him.  He said that with regard to the twelve foot high concrete retaining wall, he did not know why they wouldn’t just rip that out and put all the bins along the retaining wall, as they are going to tear out some of the bins anyway to put parking in.

 

Mr. Carr said that the idea is to put items that are not used, not accessed very often in the back southern bins.  He said that there are items that the applicant does not use for months at a time, but he still needs a storage area for them.  Mr. Carr said that as opposed to leaving them up against the back of the wall, they felt that by doing (inaudible).

 

Mr. Gibbons said that he would have to agree with Mr. Meehan.  He said that they are trying to put ten pounds into a five pound bag.  Mr. Gibbons said that they are either a storage yard or a used car dealership.  He said that he did not see this working, but rather saw this as being one very sloppy operation if it is built this way.  Mr. Gibbons said that his major concern was that he did not care for the house on the hill.  He said that there are ten houses up there already, it is a right-of-way, and he would really like to see that become a little (inaudible).  Mr. Gibbons asked if Mr. Carr would show where the road to the new building was going to be.

 

Mr. Carr referred to the plan and said that the curb cuts stay.  In fact, both curbs stay in their entirety.  Mr. Carr said that you come around the curb, head east to get out of the hundred foot Route 9 buffer, there is access to the front of the building along (did not finish sentence).

 

Mr. Gibbons asked if he was in the buffer on the hundred foot.

 

Mr. Carr said that they are in the buffer only to cross it, and then they’re out of it.  He said that they come east to the corner of the building and can either go directly south to park or continue east to go back into the rear of the building.

 

Mr. Gibbons asked if he would repeat what the main use of that building would be.

 

Mr. Carr said contractor storage.

 

Mr. Gibbons asked if that was more blue stone, trucks.

 

Mr. Carr said that it is vehicles, parking in the morning, taking possibly a truck out of the garage and contracting jobs, and returning in evening.

 

Mr. Gibbons said that again, they would be selling used cars.

 

Mr. Carr said that Mr. Pidala has had his dealer license for twenty plus years.  His function as a used car dealer...the way he works, he buys one car at a time and generally drives it until it is sold.  His need to have three parking spaces is strictly a New York State requirement.  Mr. Carr said that it is not a used car lot in that you’re going to see streamers hanging off of antennas.  He said that first of all, they are limited to five cars maximum and he was not sure that it is going to be to the extent that the Board might envision.

 

Mr. Gibbons said that they’d be more concerned with it becoming an automobile repair dealership and as they have in many areas of the Town.  He said that those dealerships are becoming virtual junk yards with abandoned cars, etc., and they are having a heck of a time cleaning that up.  Mr. Gibbons asked if Mr. Carr was going to assure the Board in writing that there will be no repair work, otherwise, where are the tires going to go, the oil tanks, etc., going to be stored.

 

Mr. Meehan said that he did not see oil tanks or gasoline storage tanks on the plan.

 

Mr. Carr said that they are inside and are listed in the (did not finish sentence).

 

Mr. Meehan said that there is nothing outside.

 

Mr. Carr said no, there is nothing outside.  He said that Mr. Pidala owns an excavation company.  There are tires stored inside that building, he does do repair in the winter time on his equipment inside that building.  It is not done out in front of the building.  It is done behind buildings effectively screened from Route 9.

 

Mr. Gibbons said that with changing tires, the bald tire ends up in a (inaudible), and before you know it, you get fifty of them. 

 

Mr. Carr said that if stipulating to that helps satisfy this, he did not think the applicant would have any problem doing it.

 

Mr. Gibbons said that he would like the engineer’s report.  He said that the truck turnaround might work, but he did not think that was the intent of a truck turnaround and was wondering if what the applicant was proposing was something that is typical standard/normal.

 

Ms. Herring said that the intent is for a tractor trailer to be able to turn around within the site and go out forward, so that it is not backing out to Route 9.  She said that from looking at the plan, it is not clearly demonstrated that the tractor trailer can do that.  They need to have the turn radius and turn template shown.  Ms. Herring said that the way it is shown, the truck is already at an angle.  She said they had their traffic engineer look at it and there is not sufficient information on it.

 

Mr. Gibbons said that he would urge Mr. Carr’s client to consider straightening the wall out and becoming a real storage facility.

 

Mr. Cleantis said that this application is going to continue and the Board will be continuing the discussion at another meeting.  He said that there is a bit of a stretch going on and there is a steep slope in there that the Board had previously not even allowed them to build.  Mr. Cleantis said that he is a little disappointed in the Board because he expected everybody to come down hard because it seemed to him the other day at the site visit, everybody was jumping, yelling and screaming and tonight everybody is quiet.  He said that he was sure once the Board members looked at the plans a little more, they are going to be asking for more information.  Mr. Cleantis said that one of the things is that they need to have a mitigation plan for the steep slope.  They are not only getting into the steep slope that is existing, but they are going to be cutting back a tremendous amount of slope also.  Mr. Cleantis said that he thought if they could landscape and fix it, it would look better, but that is going to require a landscape plan and extensive screening on to the white house that’s above the lot.  He said that if the applicant did get the opportunity to put in the house that was mentioned, that too would have to show the screening.   Mr. Cleantis said that there is also the section in front of Route 9 which is both a challenge and an opportunity, because right now it is a bunch of dead trees and really looks like a mess.  He said that he thought it should be in keeping with the rural character of the community, rather than just putting in a bunch of white pines and getting really heavy screening in there with indigenous plants and materials.  He said that there is a potential for making the site look presentable to Route 9, and that is what the Board wants.  Mr. Cleantis said that the three uses on one property was not something the Board was thrilled about, especially when they’re combining residential uses with commercial uses with industrial uses.  He said also, they should have elevation plan for the building that they are going to put in.

 

Mr. Carr said that it had been submitted.

 

Mr. Merante said that they had an elevation drop of thirty feet, and then they have a twelve foot concrete retaining wall.  He said that they get into (inaudible) of soil mining and that has to be brought out.

 

Mr. Carr said that in the EAF the amount is in there and he believed it was 19,700 yards.  He said that it is done in a bonafide effort to build the building, and believed the Code therefore allows it.

 

Mr. Merante asked if there was an amount over which then he’d have to answer to another authority or another condition.  He asked if there was a triggering point or a threshold.

 

Mr. Gibbons said that during the site visit, they indicated that both buildings were going to be at the same level, which means that substantial material is coming out.

 

Mr. Merante said that the Board needs some answers on that.

 

Mr. Cleantis said that he would also ask the Planner to take a look at this further, because he believed the design comments were very legitimate and in looking at it, it appears that there is a whole lot of stuff going on and the site is not maximized for the circulation.

 

Mr. Carr said that the bins are the applicant’s business.

 

Ms. Doherty pointed out that Mr. Miller’s memo stated that an engineer should be retained at the applicant’s expense.

 

The Board agreed.  It was decided that the application would be forwarded to Bibbo Associates.

 

Ms. Doherty asked Mr. Carr if that would be agreeable to the applicant.

 

Mr. Carr said yes.

 

Mr. Pidala joined the table again.

 

Highland Country Club - Referral of Special Use Permit Appeal #762 - 955 Route 9D, Garrison: Revised plans

Mr. Cleantis stated that this application is a recommendation from the ZBA.  He said that the Planning Board made a site visit on January 30, 2005.

 

Mary Rice introduced herself and stated that there are several entities involved on this property.  She said that OSI owns the Ardenia Corporation and the Garrison Highlands LLC hold a lease on the property and is involved in running the banquet facility, the pool, and the golf course and in essence, the entire membership on the property.  Ms. Rice said that the membership’s needs had to be met and Scenic Hudson also holds a conservation easement on the property.  She said that their concern is a minimal impact to the property from views from the outside - 9D especially.  Ms. Rice said that today, the existing club house has a banquet facility and tavern restaurant inside and the existing pool is on the side of the building.  She said that the reason they were there is because the club has to be economically feasible.  There is a conflict from the membership of the pool and Highlands LLC in running a successful business.  When there are wedding banquets in one room, they can really not operate the pool as children are coming into the facility, bathrooms are shared and membership is often asked to leave early on a Saturday afternoon, or they have to limit the number of banquets to be fair to the membership.  So they’ve come up with the conclusion that in order to have an economically  viable business there, the pool needs to be moved away from the back of the building.  Ms. Rice said that the membership now is a local membership and the membership would not be able to sustain the cost of the club alone, so really the successful operation of the restaurant banquet facility is critical to the success of the site. She said that the critical concern for the location of the pool had to do with the site actually having the same kind of feel - views out, shade during the day (time was a critical factor).  They looked at different places of putting it on the site and this seemed to make the most sense, on top of which there is a food service and new veranda that’s being proposed on the existing building.  It’s an open collimated roof structure.   Ms. Rice said that because they’re moving the pool that the New York State Code calls for shower and locker room facilities, everyone has to come in and out through the locker rooms before entering the pool.  She pointed out the one new building that’s being proposed on the site plan.  Ms. Rice also pointed out the existing depot that acts as the pro shop and stated that they are calling for it to be relocated off the first tee so that the relationships work well.  She said that the facility on top of the new pool house would have shaded structures, a kiddy pool and a playground for toddlers.  Golfers would still have access throughout the site and the tennis courts will remain.  Ms. Rice said that the other important element that they’re adding to the site plan and was membership driven, was the desire to provide some kind of facility for the adolescents so that they weren’t going through the golf course, etc., so they have a proposed sport court on the end of the existing tennis courts.  She said that following those uses, which really are all of the same uses that exist today - they’re just reorganized to make the club successful, are the parking requirements.  Basically, they have parking on asphalt pavement or turf stone.  She said that they looked at the required parking counts for full year users, which would be in here (pointed out) all four seasons - they wouldn’t have the restaurant and banquet facility operating.  Ms. Rice said that the rest were seasonal uses, which would start April/May and finish up at different times - when the pool, golf and tennis close.  She said that they have adequate parking on asphalt pavement to provide for snow plowing and the rest of the parking spaces are proposed to be on the turf stone material, which would allow the lawn to grow through.  Ms. Rice said that basically they are taking an existing condition where cars park along the edge of the road and calling that out as formalized parking now.  They’ve created one new lot in turf stone to be hidden behind an embankment of trees on either side and then a smaller asphalt lot, sixteen cars and five spaces, with the allowance for limousines to pull in and park.  Ms. Rice said that they met with Mr. Miller last week and worked out some of his concerns.  They’ve reduced the number of parking and feel confident that it will meet the parking, and they eliminated a parking area and revisited places within the plan to fit some of the spaces in.  The site is all graded and all water is picked up in catch basins throughout the site, brought into a water quality treatment basin and then released as per DEC specifications.  Ms. Rice said that the other concern Mr. Miller addressed was regarding screening and golf balls, and they did go over that.  They’ve added a berm underneath the planting and the same on the side.  Ms. Rice said that they will put in netting if Mr. Miller feels it is necessary and to screen that, and run it through the landscaping so that they have a minimal visual impact.

 

Ms. Herring said that unfortunately, they just got the revised plan, but she was at a meeting the other day, so she did not have the comments.

 

Mr. Cleantis asked if she wanted to go over the memo.

 

Ms. Herring said that the comments on the memo were to modify the wetland buffer.  She said that there may be wetlands on the other side and some of the parking area does fall within the buffer.  Ms. Herring said that it has been referred to the WAC.  She said that other than the screening and the fact that it is a constrained site and there’s a lot on it, they’ve removed the fifteen parking spots area, which was one of the greater concerns.  Ms. Herring said that their landscape architect looked at it and said that it does offer new plants and there are some other things to be added.

 

Mr. Cleantis asked a question with regard to the plants/bio-diversity.

 

Ms. Rice said that it is at a conceptual level, but she thought following the typical plans that they put out, there would be a nice variety of plants that would provide bio-diversity.  There would be adequate plantings in those ponds as required - the wetlands plantings.   She pointed to an area and said that she would imagine it would be a mixture of evergreen trees and shrubs.

 

Mr. Cleantis said that the Board would want to pass its concerns on to the ZBA.  He said that one concern is that it is a very constrained space and they would want the ZBA to consider that.  Mr. Cleantis said that the other concern is that the landscape plan, though interesting, is quite different than what appears there now.  He said that essentially, they are changing the view of what people are seeing from Route 9D at the present time to what they will be seeing.  Mr. Cleantis said that he did not like to use the word integrity too much, but would want to make sure that the integrity of that site, where it is, is not compromised just by putting up a bunch of trees.

 

Ms. Rice said that she agreed and again, it would not be a line of white pines.  She said that she thought they had to be careful it i not just about evergreen trees - it has to be a mix.

 

Mr. Cleantis asked if there was a possibility to prepare a proposed perspective as to how it might look from 9D, as it is hard for the average person to get a feel as to what’s going on.

 

Mr. Watson replied (inaudible).

 

Mr. Meehan said that he thought the Board had talked about a sign and did not see any signs along Route 9D.  He asked if there would be a sign saying “Highlands Country Club”.

 

Ms. Rice said that there is an existing sign out there.

 

Mr. Meehan asked if they were going to keep it or replace it.

 

Mr. Watson said that they’re going to keep it.

 

Mr. Allemann said the sign that is there is actually not right on Route 9D - it is as you turn into Highlands behind the stone wall, and it will be upgraded.  He said that there is a tavern sign there right now - a small one for the restaurant, and there will be another one for Highlands Country Club.

 

Mr. Gibbons asked if when he said that it would be upgraded, he was talking about a different size or the same size.

 

Mr. Allemann said probably the same size - just different graphics.

 

Mr. Meehan said that they had to make it visible so that someone not familiar with the area could find it.

 

Ms. Rice said that she wanted to comment in general that while the plan appears to be different, really today, it is an existing condition and use.  She referred to the plan, pointed to a location and said that it is all used now - it is a parking area.  Ms. Rice pointed to another location and said that they are removing the use there, which is actually a beautiful place.  She said that it lends itself better to the building’s use as a green space and they are adding a lot.  Ms. Rice said that it will appear to be green, surrounded by green.  She said that they are improving, to a greater extent, an existing condition, so that while it may seem that there’s a lot on the site, there actually is a lot out there today that they don’t realize, because it’s not delineated parking spaces, but the cars are constantly parking on there, eroding away the existing conditions.

 

Mr. Watson said that the only new places are the two parking lots and the sport (inaudible).

 

Mr. Cleantis said that the front disturbance though is disturbing because it is the view from Route 9D, so instead of the open look, it’s going to have a more landscaped and green look.

 

Ms. Rice said that they are maintaining a lot of the major existing trees. She said that to a certain extent it is definitely changing, but that is on the lower plain.  Ms. Rice said that she thought the big view was not going to change as much because the larger canopy trees are staying in place.

 

Mr. Gibbons said that they have made substantial changes from the last meeting and that it was a vastly improved scenario.  He said that with regard to getting to the main parking lot that they’ve added, personally, he would rather drive south on Route 9D and see the shrubbery versus seeing the parked cars that are going to be there.  Mr. Gibbons said that with regard to that, his concern would be an entrance and an exit.  He asked how the traffic would move through there.

 

Ms. Rice pointed it out.

 

Mr. Gibbons asked how wide the opening was going to be.

Ms. Rice said that she thought it was twenty or twenty four feet.

 

Mr. Gibbons asked if that was going to be the main lot to the golfers.

 

Ms. Rice said that she did not know that it would be designated just for golfers.

 

Mr. Gibbons said that at the last meeting, he asked about a bag drop for the cars that are going to end up being parked further away.  He asked if they had put up a posting rail for a bag drop.

 

Ms. Rice said no, not on this plan.

 

Mr. Gibbons said that a lot of the golf courses have them and thought it would be a nice amenity.

 

Ms. Rice said that they would look into that.

 

Mr. Allemann said that there is not a whole lot of cart usage, but they could put hand carts at the entrance.  He said that it primarily will be a golfers parking lot because they will have more direct access to the pool.  Mr. Allemann said that it would be preferable to keep the golfing cars going in and out the same exit from an operational standpoint.

 

Mr. Pidala asked if they provided for bus parking.

 

Mr. Watson said yes.

 

Ms. Rice pointed to the location on the plan and said that there was plenty of room for a bus.

 

Ms. Doherty said that she’d like to feel a little more confident that the amount of parking is sufficient for the use - and with the combinations.

 

Ms. Rice said that they actually took the maximum number and the highest counts. 

 

Mr. Watson said that they had a ----- drop from the last time the Board saw the project of ten spaces.  He said that there were fifteen in the parking lot north of the barn.  Mr. Watson said that the way they changed their number justified what they did.  He said that they  looked at the numbers they use at the Garrison Golf Club, which is a much busier club and basically repeated that formula and frankly, thought it was overkill.  Mr. Watson said that they planned for a full course of nine holes, four on a hole, plus a half that much again.  So they have thirty six plus eighteen for a nine hole course.  He said that with the pool, they have fifty people, three per car, which is seventeen.  The restaurant is figured on the Town code, which is one space for each fifty square foot patron area.  That covers the restaurant and is straight out of the Code.  And then a staff of ten.  The restaurant staff comes out of the forty seven that they had from the restaurant - it also includes employees.  The staff of ten is for grounds, maintenance, etc.  There are a couple of oddball spaces around the other buildings on the site, which they haven’t counted.  Mr. Watson said that as Ms. Rice stated, the driveway gets a little wider and a little longer every year and it is not very attractive.  He said that they are restructuring it so that it is a little more attractive, and came up with 113 spaces on that basis.

 

Mr. Merante asked with regard to the banquets on Saturdays and Sundays, how it would work with the number of parking spaces now during the height of activity in the summer, late spring, and early fall. 

 

Mr. Watson said that they could have full banquet use based on the Town code, twenty people playing tennis, four people waiting to play tennis, thirty six people on the golf course and eighteen people waiting to play and a staff of ten in the pro shop and on maintenance stuff.

 

Mr. Merante asked Mr. Allemann if there had been a sufficient increase (inaudible).

 

Mr. Allemann said yes, there has been, but there was always a restaurant there.

 

Ms. Rice said that they’re going to be restricted as to how many people can actually be in the building at one time, so if they have a banquet, they can’t have the tavern open.

 

Ms. Doherty asked what the capacity was.

 

Mr. Watson said that he did not know.

 

Mr. Allemann said in the neighborhood, for weddings, normally 110.

 

Ms. Doherty asked if there was a maximum for fire.

 

Mr. Allemann said that it’s got to be about a hundred or a hundred ten.

 

Ms. Doherty said that she thought that should be considered.

 

Ms. Rice said that she knew the manager had told them she can’t get more than about 110 in that room.  It is more likely that there are about a hundred to a hundred and ten, and that would be reduced because it’s two or three or four per car in the banquet.  She said that two per car is fifty spaces and they are at forty seven.

 

Ms. Doherty said, but that forty seven includes workers.

 

Mr. Watson said yes.  He said that if this was a stand alone restaurant with that exact square footage.  The parking requirement would be forty seven.

 

Mr. Allemann said that they don’t do major banquets during the day.

 

Mr. Watson said that one of the fortunate things about this and they’ve shown on the plan is the stormwater treatment facilities.  He said that they don’t have to worry about retention other than the stormwater quality volume because they are so close to the river.  He said that they would very much like to have the Planning Board’s positive recommendation back to the ZBA with those comments.

 

Ms. Sexton said what about the lights.

 

Mr. Watson said that they do have a basic lighting plan laid out. 

 

Ms. Rice said that per Mr. Allemann’s request, they really want to keep most of the lighting throughout the site as realistic as possible to small ballard lighting.  She said that will work all along the walkways and then have the minimal amount of pole lights as they discussed somewhere in the thirteen, fourteen, fifteen foot range, whatever they’ll end up needing to be, but she did not see them being taller. 

 

Mr. Merante asked if the pole lights were limited to fifteen feet.

 

Ms. Rice said that they have not done a lighting study yet, but would say that it would be a thirteen, fourteen, or a fifteen foot pole.  She said that they have always expressed the desire for all the fixtures to have shades that minimize light throw to just a downward throw on the ground with the ability to have cutoff shields, so that it doesn’t shine the light out backwards. 

 

Mr. Gibbons asked what kind of fencing was around the pool.

 

Ms. Rice said that she believed the fence around the pool is wood - six feet high. 

 

Mr. Gibbons asked if it was stockade style.

 

Ms. Rice said no, and in fact, the architects have gone through a lot of detailing, where they incorporated trellises along certain sections of the fence to soften the look. 

 

Mr. Gibbons asked if the fence was going to be viable enough to keep people out from swimming at midnight.

 

Ms. Rice said that she would say so.  She asked how viable.

 

Mr. Gibbons asked if they were talking post and rail fence or something that will actually keep people out.

 

Ms. Rice said that you wouldn’t be able to see through the fence.

 

Mr. Gibbons asked what the hours of operation on the pool were.

Mr. Allemann said about eight or nine o’clock is what it has always been.  In the summer, sometimes (inaudible).

 

Mr. Gibbons said, but it’s not going to be ten or eleven at night.

 

Mr. Cleantis said that he would like to see the Board send a positive recommendation.  He said that he would ask the Planner to outline the Board’s concerns and after the letter is written, he would have them circulate it to the Board members before he signs it.  Mr. Cleantis said that then he will sign it and send it.

 

Mr. Gibbon made a motion stating the above.  Mr. Pidala seconded the motion.  The vote was as follows:                                    George Cleantis            -            In favor

                                                Josephine Doherty            -            In favor

                                                Michael Gibbons            -            In favor

                                                Kerry Meehan                        -            In favor

                                                Anthony Merante            -            In favor

                                                Andrew Pidala            -            In favor

                                                Pat Sexton                        -            In favor

 

Carlson Construction Management Co.  - Approval of a Preliminary Plat - Torchia Road, Cold Spring: Submission of a revised and additional materials and wetlands permit application


Mr. Watson said that one of the recommendations in the memo was that an engineer be retained, but there is also in a parallel application for alternate road standards, that the Town must retain an engineer for review of the site.  He said that he wanted to make sure that they retain an engineer.  Mr. Watson said that he did not think they had any objection to using whoever the Town Board decides on.  He said that the oda regulations (determined by the Board a number of years ago) specify that you could have an oda road off of an existing Town road and the County determined that you have to file a map and build the first road first, before you can put the second one in.  He said that if the Board is in a position to waive that requirement because it is in the subdivision regulations, they would go along with it.

 

Mr. Cleantis responded (inaudible).

 

Old Business/New Business

 

-            Discussion on Indian Brook Road LLC

Mr. Pidala recused himself and left the table.

 

Mr. Cleantis said that Mr. Goldsand called him today and said that since they had seven members of the Board, they have invoked the final vote on the Indian Brook property.   Mr. Cleantis said that he told Mr. Goldsand that the Board could not do that today, simply because of the fact that he wanted it announced in the agenda for next month so that the public could comment, although they would not be invited to speak and it is not a public issue, but they could at least be in the audience.  He said that he told Mr. Goldsand that he would mention it tonight and would instruct the secretary to include it in the next meeting, but the request from the Planning Board attorney is that the Board takes a formal vote on the Indian Brook property.

 

Mr. Merante asked if that had been done already.

 

Mr. Cleantis said no, they did not take it the second time.  He said that he was under the impression...it’s unfortunate that the Board’s attorney is not here....it was a matter of courtesy and that they, in fact, did not have to do it.  Mr. Cleantis said that there is a question of that being the case, but Mr. Goldsand feels the Board did not take the second vote.  He said that there was a problem actually.

 

Mr. Merante asked how.

 

Mr. Cleantis (inaudible) the second vote and that second vote elicited a tremendous amount of public outcry.

 

Ms. Doherty said, so they did take a second vote.

 

Mr. Cleantis said yes, they did take that vote, but that vote taken from public outcry...the public outcry was that the Board had not announced it and they do not feel that the second vote was fair and then it was recommended to the Board to take (inaudible) vote.  Mr. Cleantis said that he was under the impression that the “third” vote (if you will) was a courtesy  vote.  He said that apparently Mr. Goldsand feels that the judge (inaudible) to be as tiny as possible, and so therefore, that is what the vote is for.  Mr. Cleantis said that he would invite Mr. Place to speak if there was something he could add to that.

 

Mr. Place said that he thought Mr. Goldsand submitted a memo probably late in the afternoon.  He said that the case right now is that the Article 78 has been decided based on Mr. Goldsand’s motion.  Mr. Place said that his motion was fairly narrow and (inaudible) the two narrow procedural points.  One was whether the Board’s vote in (inaudible) was an actual vote, and the court said no, there was no decision because there was no majority vote.

 

Mr. Cleantis said that was the first one.

 

Mr. Place said that was the first one.

 

Mr. Cleantis said, so they found in the Board’s favor.

 

Mr. Place said that they also found on a second point that the Board was entitled then to make a second vote, which it did in July.

 

Mr. Cleantis said it did.

 

Mr. Place said so the Board was entitled to make that vote.  He said that Mr. Goldsand did not get into the substance of the matter - whether the whole thing was arbitrary and capricious regarding slopes and wetlands, so that is still outstanding.  Mr. Place said that Mr. Goldsand had to file an answer as to that.  He said that Indian Brook filed a full answer and they had hoped to have the whole thing resolved by now, but the Court just ruled on Mr. Goldsand’s motion at this time.  Mr. Place said that the other small procedural matter that was left a little ambiguous was

the question of when the Board took its vote - the second vote to approve, it was not on the agenda, and if it’s not on the agenda, the other procedure would be to vote during the meeting to place it on the agenda.  He said that is also provided for in the Town code.  Mr. Place said that he thought it was a little ambiguous going back over the minutes, whether the Board actually took that vote to put it on the agenda and then vote for it, though it was fully discussed.  He said that what Mr. Goldsand has to do is provide his answer to the court on the remaining outstanding issues.  He did not address the question of whether the Board voted to put it on the agenda. 

 

Mr. Cleantis said that the easiest thing would be to (inaudible).

 

Mr. Place said that the thing to clear up any ambiguity would be...the Board could, tonight, vote to put it on the agenda and then reaffirm the vote of last July.

 

Mr. Cleantis said at the next meeting.

 

Mr. Place said if the Board does it at the next meeting...if you look at the Court’s decision, there are five days for Mr. Goldsand to submit his answer.  So his answer would be bolstered if he can also say that the Planning Board tonight voted to place this matter on the agenda and voted to re-affirm its July decision, and then he can write his answer.

 

Mr. Cleantis said that he would leave that up to the members of the Planning Board, however, his reason for placing it on the agenda next month was that once again, he felt that the public needed to be notified of this.  He did not seem to have a problem with taking this vote next month.  Mr. Cleantis said that it was just a matter of letting the people of Philipstown know that this was happening.

 

Mr. Merante said that the Board needs to re-affirm the vote in July.  He said that he was not present at that meeting, but they could take that vote tonight.

 

Mr. Gibbons said that he thought that was wrong.

 

Ms. Sexton made a motion that they put it (did not finish sentence).

 

Mr. Gibbons said that first of all, the Board’s attorney is not present.

 

Mr. Cleantis said that Ms. Sexton made a motion and he asked if there was a second to that.

 

Mr. Merante seconded the motion.  

 

Mr. Gibbons asked what the Board was voting for.

 

Ms. Doherty and Mr. Cleantis said that the Board was voting on whether to put it on the agenda for tonight.  Mr. Cleantis asked for a roll call and said that a “Yes” would mean to put it on the agenda for tonight.  The vote was as follows:

                                                Pat Sexton                        -            Yes

                                                Anthony Merante            -            Yes

                                                Josephine Doherty            -            Yes

                                                Kerry Meehan                        -            Yes

                                                Michael Gibbons            -            No

                                                George Cleantis            -            No

 

Mr. Cleantis said that four members said yes, and therefore, it passed.  Indian Brook is on the agenda for tonight.

 

Mr. Gibbons said that he had a problem with that because the Board does not have its attorney present.  He said that Mr. Goldsand is not present.  Mr. Gibbons said that his understanding is that (inaudible) says that the entire Board has to vote unanimously for this thing to come back out.  He said that he may be wrong, but without the Board’s attorneys present, he did not like the idea of one attorney representing the other group and thought this vote should be put off until next month and until they have Mr. Pagones present and could answer any questions.  Mr. Gibbons said that the Board hasn’t even read Mr. Goldsand’s letter as to what was going on.  He said that he was really surprised that the Planning Board is going to put its neck out again and have it come back again to bite them.

 

Mr. Cleantis thanked Mr. Gibbons and stated that he agreed with most of that, but he did (inaudible) with respect to the rest of the members of the Board.

 

Mr. Merante said that although  he was absent at that meeting, a vote was taken...a second vote was taken...well, the only vote was taken and it was by a majority of the total Board and because popular opinion did not like the result, they are being forced to take another vote.  He said that he thought it was absurd.

 

Mr. Meehan said that he was assuming that the Board was voting to put this on the agenda.  He said if the Board takes another vote, that vote is to affirm the second vote.

 

Ms. Sexton said that it just affirms (did not finish sentence).

 

Mr. Meehan said that the Board is not voting on this whole project again.  He said that the Board is just confirming that the vote the Board took the second time was a legitimate vote.

                                   

Ms. Sexton said yes.

 

Mr. Cleantis said that he is not the Town attorney, and would have to say that the vote the Board is taking, if it makes that vote, is an actual vote on the project.

 

Mr. Merante said no.

 

Mr. Meehan said that the Board already voted on that.

 

Mr. Place said that it is a re-affirmation of the Board’s vote.

 

Mr. Cleantis asked what would happen if people change their minds and don’t want this thing to pass.  He said that now it is different from the first vote or second vote.

 

Ms. Sexton said that it gets taken to re-affirm that the Board actually (inaudible) the first time.

 

Mr. Place agreed and said that it is a re-affirmation of the vote.

 

Mr. Merante said that he was absent then and asked how he could even vote on this.

 

Mr. Cleantis said that this was one of the reasons why he wanted to wait.

 

Mr. Meehan said that he was going to change his vote to “No”.

 

Mr. Cleantis said that was not so easy because they already had a motion.

 

Mr. Meehan said that already he was confused.

 

Ms. Sexton said that it would really complicate things.  She said that they have the judge waiting to affirm a vote - a judge who’s looking to see what the Planning Board did and who told the Board it didn’t do anything wrong.

 

Mr. Meehan said that if it was so important for the Board’s attorney, he’d be there tonight.

 

Ms. Sexton said that he wanted them to do it the other (did not finish sentence).

 

Mr. Meehan said that he’d be there tonight asking them for their votes.

 

Ms. Sexton said she knew.  She said that he wanted them to do it (inaudible) the first time.  Ms. Sexton said that he made it seem like it was a courtesy to do it.

 

Mr. Place said that again it is just to re-affirm the Board’s approval of the subdivision application so that there’s (did not finish sentence).

 

Mr. Cleantis said that was great coming from Mr. Place, but that was not what he got from Mr. Goldsand.  He said that if he had gotten that, he would still want his attorney to be there.  Mr. Cleantis said that it is a five minute thing.

 

Mr. Meehan said that Mr. Cleantis should not ask the Board to vote.

 

Mr. Merante said that he thought it was ridiculous to bring this up at midnight.

 

Ms. Sexton said to save it for the next meeting.

 

Mr. Cleantis asked if they could just table it.

 

Mr. Meehan agreed.

 

Ms. Sexton said that she would really like to know when the judge is going to make the decision on this case.  She said that he decided two out of three parts and he’s waiting for a re-affirmation of the vote to decide on (inaudible).  In other words, he told the Board it didn’t do anything wrong the first time, it certainly didn’t do anything wrong the third time, but because it had public opinion because they didn’t put it on an agenda, he wants the Board to re-affirm the vote.  Ms. Sexton said that was her understanding.

 

Mr. Cleantis said that when he spoke to Goldsand this afternoon, he never used any word “re-affirm”.  He said that Mr. Goldsand said that it would take five minutes to do and Mr. Cleantis said that he did not think the Board wanted to go over the same thing as it did last time.  Mr. Cleantis said that they will put it on the agenda for next month, which will give people in the Town an opportunity to comment and listen, and he didn’t seem to think there was any problem with that.  Mr. Cleantis said that as far as timing is concerned, he was not knowing that there are any timing issues with regard to (inaudible).

 

Ms. Sexton said that she guessed that now they really had to (inaudible).  She said that in other words, the Board has already voted and voted to approve it.  Ms. Sexton asked why the Board was re-voting it.

 

Mr. Cleantis suggested the Board vote to consider it next month and in the meantime, he would get back with Mr. Goldsand and get him to give the Board something in writing, so that the Board can act on it.  He asked what the Board felt about that.

 

Mr. Meehan said that he did not see anything wrong right now with the Board having a vote to say it will put it on the agenda.  They didn’t say what agenda.  He said to just table it.

 

Mr. Merante made a motion that the Board table the Indian Brook application until the next meeting.  Mr. Meehan seconded the motion.  The vote was as follows:

                                                George Cleantis            -            In favor

                                                Josephine Doherty            -            Opposed

                                                Michael Gibbons            -            In favor

                                                Kerry Meehan                        -            In favor

                                                Anthony Merante            -            In favor

                                                Andrew Pidala            -            Recused

                                                Pat Sexton                        -            Opposed

 

Mr. Pidala joined the table.

 

Adjourn

Mr. Merante made a motion to adjourn the meeting.  The motion was seconded.  The meeting ended at 12:10 a.m.  The vote was as follows:

                                                George Cleantis             -            In favor

                                                Josephine Doherty            -            In favor

                                                Michael Gibbons            -            In favor

                                                Kerry Meehan                        -            In favor

                                                Anthony Merante            -            In favor

                                                Andrew Pidala            -            In favor

                                                Pat Sexton                        -            In favor

 

Respectfully submitted,

 

 

 

Ann M. Gallagher

 

Note:    These minutes were prepared for the Philipstown Planning Board and are subject to review, comment, emendation and approval thereupon.

 

Approved:_________________________________________