WETLANDS ADVISORY COMMITTEE MINUTES

March 22, 2005


Present
:       

Matthew Mastrantone, Chair                                                                       
Andy Galler
Eric Lind
John Sussmeier
David Klotzle, Wetlands Inspector
Isabel Lopatin, Secretary


Guests:
Tim Cronin, Sr.

Katlyn Mastrantone

Richard Sanca

Glennon Watson
 
The make-up session for the regular March meeting of the Town of Philipstown Wetlands Advisory Committee was held at Town Hall on March 22, 2005.  The meeting was called to order by Chairman Matthew Mastrantone at 7:34 p.m.

 

Applicant:  Rose and Richard Sanca

Representative:  Tim Cronin, Sr., Cronin Engineering

Tax Lot:  90.07-1-11

 

Mr. Cronin brought plans that supercede those previously distributed.  Mr. Lind wanted to recuse himself because he is related to the applicant by marriage, but both the Inspector and the Chairman said this was not necessary. 

 

Mr. Cronin gave an overview of the project:  the applicant wants to build a garage on an existing 30’x30’ pad that is in a wetland buffer.  The applicant currently keeps equipment at this location.  Other areas near the house are not available for this purpose because they are already in use.   Construction is planned to cause the least amount of damage to the regulated area.   A silt fence will be installed as shown on the plan, footings will be dug, and excavated materials will be stored on the locations shown, which are far removed from the regulated area.  Silt fence will be placed around stored excavated material and some of it will be used as back fill while the rest will be removed from the site.  The new garage’s roof leaders will be directed to a dry well as shown on the plan.

 

Inspector Klotzle inquired about the front of the property, and Mr. Cronin informed him that it is vacant land but mostly rock, and that the current driveway is the only entrance to the property.  Inspector Klotzle asked if the garage was going on the existing pad, and stated that if so, there wouldn’t be any further filling of the wetlands.  Mr. Cronin confirmed this.  Inspector Klotzle asked when the pad was built, and Mr. Sanca said it was there when he acquired the property in 1993.  Inspector Klotzle said when it was done, wetland was filled in, and the pad is about 2 feet above the wetland. 

 

The chair asked committee members for comments.  Mr. Sussmeier said he hadn’t visited the site, and asked if the entire construction area was in the wetland buffer.  Inspector Klotzle said all, and that it’s very level; Mr. Cronin confirmed this.  Inspector Klotzle said he assumed that most of the pad floods when the stream comes up, but according to Mr. Cronin this is not the case.  Mr. Galler said he needed to see the property before commenting, especially since the garage is not intended for domestic vehicles but for equipment.  Mr. Cronin said another possible location for the garage is on Route 9 but is 1,600 feet from the house.  Mr. Lind asked when the house was built.  Mr. Sanca said it was built in 1993 and he moved into it in 1995.  Mr. Lind asked when the pad was built, and Mr. Sanca said it was there when he bought the property.  Mr. Cronin said the previous owner used it for equipment. 

 

The Chair asked Inspector Klotzle for his comments, which were that he didn’t think construction of the garage would cause any more damage to the wetland.   The Chair said that although it’s in the buffer zone there doesn’t seem to be anywhere else to put the garage.  Inspector Klotzle commented that placing it at the end of the property would be a long way from the house, and Mr. Cronin affirmed that it would be too far.  Mr. Galler commented that the garage was not for domestic vehicles but Mr. Cronin said that Mrs. Sanca uses the house garage for her two vehicles, so Mr. Sanca’s car would go in the proposed garage.  Mr. Galler pointed out that the size of the structure is well beyond that of a garage for domestic vehicles, so Mr. Sanca and Mr. Cronin listed the other vehicles and equipment that would be kept there.   

 

Mr. Sussmeier stated that although the committee had not visited the site [it should be noted that the Chair had done so] he was willing to accept Inspector Klotzle’s opinion that this was the only possible location for the garage.  The Chair and the Inspector agreed that the garage could help protect the wetland because leaks and spills from vehicles and equipment would be trapped.  Mr. Lind asked if the slab would be poured and the answer was “yes”.  Mr. Cronin said it would be raised six inches and a slab put on top, and that material excavated for digging the footing might be used for this.  The Inspector asked about berming the floor of the garage to eliminate run-off, and Mr. Cronin said the floor would be 4” below the wall.  He had considered an oil separator but decided it wouldn’t be needed; Inspector Klotzle commented that they don’t work very well.  He then asked to be shown a way that the oil and gas wouldn’t get out of the garage, because of the concentration of vehicles in a regulated area.  Mr. Cronin commented that the house and swimming pool are in the buffer. 

 

Mr. Mastrantone said he saw no problem with the application and requested a motion from the committee.  Mr. Sussmeier made a motion to accept the application with the structure located as shown, and Mr. Lind seconded that motion.  Mr. Galler abstained from voting because he hadn’t seen the site, and the motion carried.  The Chair instructed the applicant not to begin construction until he had a permit in hand, and that he must adhere to the letter of the permit.  Inspector Klotzle stated that he would send a permit to the applicant that must be signed and returned; that it does not become official until it is returned, and that he must be notified five days before activity begins so he can monitor work.  

 

Applicant:  Carlson Construction Company

Representative:  Glennon Watson, Badey & Watson

Tax Lot:

 

Mr. Watson introduced the application by stating that Carlson Construction company bought the parcel with the intention of subdividing it into five lots.  Its only improved physical access is over Torchia Road, which is a private road serving nine houses.  There is a 50-foot access strip on Route 9, but Mr. Watson didn’t think it should be considered for access because Clove Creek flows through it.  In addition to a Wetlands Permit, application has been made for approval of a five-lot subdivision, and for alternate road standards.  The intent is to reconstruct Torchia road, reconstruct an existing bridge, and make a hammerhead turnaround.  Eventually, a private road to a conventional turnaround would be constructed to serve two lots.  The bridge must be replaced and storm water must be managed.  The current bridge is unsafe; there are currently eight homes reached by crossing this bridge that are not served by emergency services because of this.  Mr. Carlson will replace the bridge when the subdivision is approved because the householders on the road have not been able to get this done.  A state permit has been issued for bridge construction.  Storm water quality issues are being addressed with a proposed grading system and detention pond; water will go from there into a wetland.  Mr. Watson is looking for a positive Wetlands Permit recommendation to be given to Town Board, which is the lead agency for the alternate road permit.  (Planning Board is reviewing the subdivision application.)

 

Inspector Klotzle stated that the wetland near the bridge is not specifically associated with the stream, but he hasn’t been to the site because of snow.  Mr. Watson stated that the bridge is strictly associated with the stream and the road is in the wetland buffer.  Inspector Klotzle asked about vegetation in the bio-retention filter, and Mr. Watson said it had not yet been specified.  Inspector Klotzle said he wanted to see a planting plan.  Mr. Galler asked about existing roads and driveways.  The existing road that serves a house may be altered to get it away from the wetland but a turn has to be made safe for vehicles; the plan shows an attempt to get out of the wetland as quickly as possible.  Mr. Galler asked if Town Board shouldn’t make its decision before the application goes anywhere else and there was discussion with Mr. Watson.  For Mr. Galler, the big issue is whether the town should consider this type of road (reduced right-of-way access and hammerhead) before WAC should be consulted, and Mr. Watson disagreed because wetlands impact should be understood first. 

 

The Chair ended the discussion by proposing that this application should be tabled until Inspector Klotzle and committee members visit the site individually.  It will be on the April 12 agenda. 

 

Applicant:  Garrison Golf Club

Representative:  Glennon Watson, Badey & Watson

Tax Lot:

 

Mr. Watson began by stating that a dual application has been submitted to the Town:  one part is for a Planned Development District (PDD), which is a zoning change, and the other is for site plan approval, which is a requirement for the PDD.  An environmental impact statement was submitted and the period for public comment is drawing to a close.  Town Board is the lead agency.  The PDD will take up the entire main parcel of the Golf Course and will be devoted to golf activities with the exceptions of a parking area, a new pro shop, a 32-unit inn, and a bar and grill.  There are no drainage structures in place today, and storm water runs north to Philips Brook Road.  Noticeable erosion has occurred in the last forty to eighty years.  He is proposing a closed drainage system that will capture storm water at key points and carry it to an area adjacent to Philips Brook, which will be composed of four bays .  This will take the initial charge from the flow and slow it;  it will then flow over into a detention basin, whence a spillway and rip rap arrangement will carry it to the brook at a much slower rate.  The brook is highly silted, and this plan will remedy erosion and scarring of the slope as well as end siltation of the brook. 

 

Inspector Klotzle commented that there is currently silt piled up against an existing dam, and he thinks the dam could break down if more material from the dirt roads piles up above it.  Mr. Watson acknowledged the problem.  He then requested that WAC make a site visit and send a report to Town Board.

 

Mr. Lind pointed out that the pitch is all downhill and wondered if velocity will be slowed by routing or material that will slow the pitch, or if that is the purpose of the basin.   Mr. Watson replied that the basin is a slowing device and again mentioned the four stone bays.  Mr. Sussmeier asked about a velocity dissipater. Inspector Klotzle asked if the velocity wouldn’t be tremendous;  Mr. Watson agreed and said the outflow device was designed to handle it.  Inspector Klotzle asked about detaining water at the top of the hill;  Mr. Watson said it had been considered but the slope is so great there wasn’t a large enough place for a detention area of sufficient size.  Mr. Mastrantone asked if the pond would be cleaned when the work was finished and Mr. Watson said it would have to be cleaned periodically.  Inspector Klotzle asked about crossing the stream to get access to the pond for cleaning, but Mr. Watson said that would not be necessary because the road crosses the stream.  He further stated that the biggest impact on the landscape would be clearing along Philips Brook Road, for which there is a landscaping plan.  The basin is located at the only good place on the site.  Inspector Klotzle agreed. 

 

Mr. Galler and Mr. Watson then discussed the PDD and the uses to which the property may be put.  Since part of it will be an inn, Mr. Lind asked whether there would be a sewage plant, to which Mr. Watson replied in the negative.  The existing system failed last year and application was made to the County Board of Health for a repair permit.  Full construction has been permitted, but it can only be used for current activity.  There is, however, a large leaching field capable of handling 13,000 gallons a day that will support anticipated usage. 

 

Mr. Watson stated that an application has been made to the State for stream disturbance.  Mr. Lind then asked about the network of little creeks and ponds that exists on the property, to which Mr. Watson replied that this network courses out on the other side of Snake Hill Road and no activity is planned near there. 

 

Inspector Klotzle requested copies of the map used in this presentation, because the committee members do not have them.  Mr. Galler requested that the retention basin be flagged prior to the site visit, which Mr. Watson said could be done next week.  Mr. Galler then commented that the basin looked like it would be 120 - 140 feet across, which Mr. Watson affirmed.  Mr. Sussmeier consequently asked about pipe size, which Mr. Watson reported would be 30 inches.  Mr. Mastrantone said there would be a site visit and that the matter would be taken up at the next meeting;  Mr. Sussmeier requested that the map be distributed before that.  The Secretary gave Mr. Watson the addresses of the committee members so he could mail the maps directly to them, and requested that a copy by sent to Town Hall for the WAC files.

 

Applicant:  Garrison Highlands LLC

Representative:  Glennon Watson, Badey & Watson

Tax Lot:

 

Mr. Watson began by detailing the history and complexity of ownership of this property.  Zoning Board of Appeals (ZBA) is the lead agency for a Special Use Permit which will allow a country club to exist in a residential area.  It was mandatory that Planning Board be asked for a recommendation, and a positive one was made.  ZBA will hold a public hearing about the application.  The major activities will be work on the swimming pool area, reconstruction of the parking area, and storm water management.  He showed a map that included regulated areas as delineated by Steve Coleman. 

 

Inspector Klotzle asked if storm water should go through a filter before entering the pond, and Mr. Watson said that no physical structure is being proposed.  Mr. Sussmeier asked what is meant by treating the water, to which Mr. Watson replied that letting water sit for 24 hours is a form of treatment.  Mr. Lind inquired about the relationship between the little wetland to the south and the brook.  Mr. Watson responded that they must be getting the same groundwater, and distributed Mr. Coleman’s report.  Inspector Klotzle read this statement from the proposed plan:  Mr.  Watson confirmed that these ponds were meant.  Chairman Mastrantone asked when the work would be done and Mr. Watson’s answer was Fall.  Inspector Klotzle commented that the water comes from Castle Rock and the Giuliani property, so it is good water, and a cleaning attempt would be a plus. 

 

Mr. Lind asked about alternatives since the retention basin is in the flagged wetland.  He wanted to limit disturbance to the little south wetland.  Mr. Watson said that this wetland is not functioning well, it’s a constrained site.  Mr. Galler and Mr. Watson discussed the number of parking spaces.  Mr. Sussmeier requested an updated plan before the site visit, and Mr. Watson said he would provide one the next day.  Mr. Sussmeier asked about the vegetated strip.  Mr. Mastrantone concluded the discussion of this application by saying that everyone would look at the site individually and it would be discussed at the next meeting

 

Applicant:  Dominick and Debra Santucci (Mountain Trace)

Representative:  Tim Cronin, Jr., Cronin Engineering

Tax Lot:

 

Neither the applicants nor their representative were present.  Mr. Mastrantone distributed the negative recommendation he wrote to present to Planning Board in two days.  It features the need to make a positive SEQRA declaration.  Ms. Lopatin, who was chair of the committee when this application was considered previously, pointed out that the committee is now unanimous in its negative recommendation, so the wording should be changed.  There was discussion of attaching information to bolster the request for the positive SEQRA declaration,

 

 

Inspector’s Report

 

Inspector Klotzle reported on the Jones application, saying that work had been stopped.  There was no Health Department permit and no self-contained septic unit will be allowed.   He also mentioned that there is activity at the Bird and Bottle. 

 

Minutes of February 8, 2005

 

Ms. Lopatin pointed out a typo in the minutes.  Mr. Sussmeier moved that the minutes be adopted with this typo corrected, and Mr. Lind seconded the motion, which was passed unanimously.

 

Other Business

 

Mr. Sussmeier asked what Board of Health approval means on a subdivision application, and Chairman Mastrantone said he wasn’t sure.  Mr. Sussmeier then wondered how Dennis Santucci  got this approval for property he didn’t own. 

 

Closing of Meeting

 

Chairman Mastrantone requested a motion to adjourn, which was made by Mr. Lind with Mr. Sussmeier seconding, and the motion passed unanimously.  The time was 9:46. 

 

 

Respectfully Submitted

 

 

 

_________________________________

 

Isabel Lopatin, WAC Secretary