TOWN OF WOODSTOCK
APPROVED PLANNING BOARD MINUTES
April 5, 2012
Members Present: Paul Shultis, Jr., Peter Cross, James Huben, Lorin Rose, Laura Ricci, Judith Kerman (arrived 6:35)
Member Absent: Tom Unrath
Others Present: Therese Fernandez, Secretary
Meeting called to order at 6:30 pm. Determination of a quorum.
Agenda: Jellinghaus Subdivision case discussion added to agenda.
Minutes: Minutes of March 15, 2012 were approved, as corrected. Motion by Mr. Huben. Seconded by Ms. Ricci. Vote: Aye: 5; Nay: 0; Absent: 2; Abstain: 0.
Board member Judith Kerman arrived.
Vice Chairman Mr. Huben acted in Chairman Unrath's absence.
Reminder announcement for April 13th registration deadline for Annual Watershed Conference at Bearsville Theater on April 21st.
Pending Item:
Assign Planning Board (PB) Reps for new Special Use Permit application: Selective timber harvest/forest management for Walrus Properties, LLC, SUP# 12-427, in Zena (sketch review scheduled 4/19/12):
Mr. Shultis and Mr. Cross volunteered.
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WOODSTOCK FARM ANIMAL SANCTUARY, INC., (WFAS) SUP #12-426: Preliminary review of Special Use Permit (SUP) application for Bed & Breakfast establishment in R3 Zoning District, located at 39 Van Wagner Road in Willow, SBL# 14.-2-20; Rep: Doug Abel; PB Reps: Mr. Unrath & Mr. Huben
Mr. Abel brought in an exterior lighting plan and updated Site Plan. Regarding the parking plan, the WFAS's excavator told them that a tree they tried to save will have to go. Barn at the site is going to be re-built at some point so one parking spot, noted for resident use only, will be lost when that is completed.
The Board members discussed the lighting calculations and standards per Zoning Section 260-29. Mr. Shultis suggested that Mr. Abel have the plan's preparer review that section of the law so that lighting meets those standards.
Applicant Assistance List:
* Planning Board case reps will visit site again after lighting is installed
* Use bollard-type light fixtures to get out into driveway
* Provide lighting cut sheets (in color, if possible), including type of bollards
Motion by Mr. Shultis to set Public Hearing for April 19th at 7:15. Seconded by Ms. Ricci. Vote: 6-0-1-0.
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Added item: Jellinghaus Subdivision
The Board discussed land easement given voluntarily by applicants in-lieu-of recreation fee and accepted by PB with prior subdivision application. Area is shown on current map as No Development Zone. Mr. Rose asked if that means the applicant cannot put a driveway across the buffer zone. He noted that while the letter from the original application that was read at last meeting was vague, this agreement is not vague; it has been accepted as the buffer zone. So what happens if the owner wants to put a driveway across it? Mr. Cross replied that 5-10% of land that may be put aside for recreational use is supposed to be used for recreation purposes. It can't be a wetland, for example. Discussion. Minutes from prior case were also reviewed. Mr. Shultis noted that he didn't think it was possible to locate a building site on the parcel due to setback constraints, steep slopes and close proximity to Cooper Lake, a Kingston City Reservoir.
The Board will continue this discussion when applicant returns.
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LEGIER, DIANE, PB #11-1158A: Follow-up review of application to subdivide a 207-acre land parcel into two (2) lots of 80 acres and 127 acres, located in R8/R5 Zoning Districts, at 285 Hutchin Hill Road in Shady, SBL #15.-3-9.210. Discussion of conditions to be placed on final map and in Resolution. Rep: Applicant; PB Reps: Mr. Shultis & Mr. Cross
Ms. Legier had sent a letter to the Planning Board (PB). She said that the Public Hearing is still open, but she feels that neighbors' concerns were addressed. PB Case reps did a site visit to consider neighbors' comments.
Mr. Shultis said that he spoke with Town Highway Superintendent Mike Reynolds and Mike's recommendations were sent to Ms. Legier's surveyor, Jeff Hogan. A storm water pollution prevention plan (SWPPP) will be required. A note to that effect will be placed on the final plat. Two additional notes will be placed on final plat addressing a driveway pull-off area and installation of guiderails.
Applicant Assistance List:
•· Add note to plat: Storm Water Pollution Prevention Plan to be submitted and reviewed by Town's consulting engineer prior to issuance of driveway permit for Lot #1
•· Add note to plat: guiderail needed during construction of driveway along downhill edge of new driveway where deemed necessary by Town Highway Superintendent
•· Add note to plat: provide improved and expanded pull-off area to dimensions indicated near station 12+00 of shared driveway
•· Amend condition #14 of Road Maintenance Agreement to state owner shall be responsible to maintain all SWPPP and drainage facilities
Mr. Huben made a Motion to close the Public Hearing. Seconded by Ms. Kerman. Vote: 6-0-1-0.
Ms. Legier said she will pay the $1,000 Recreation Fee instead of providing set-aside of land. Ms. Fernandez will add that to the Resolution. Final Development Fee of $400 will also be due as condition of approval.
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ROCK CITY ROAD, INC. (owner)/YUM YUM RESTAURANT GROUP, LLC (tenant), SPR #10-339: Follow-up review of modifications to Site Plan including outdoor seating, signage, fence & lighting, located in Hamlet Zoning District, at 4 Rock City Road in Woodstock, SBL# 27.55-1-32. Rep: Pierre Luc Moeys, Proprietor; PB Rep: Mr. Shultis
Discussion began earlier than scheduled while Board waited for the Michael Stock case participants to arrive.
Applicant Mr. Moeys was last before the PB for this application in June 2011. An updated Site Plan was submitted recently. Mr. Moeys explained that he added twelve additional outdoor seats. The Board determined that a $400 fee in-lieu-of on-site parking will be due for the additional seats.
Mr. Shultis said that the exterior strings of lights are still an issue. Mr. Moeys had sent in a cut sheet for proposed lighting fixture but Mr. Shultis said that it is hard to tell whether the fixture is acceptable with a black and white photocopy. He asked Mr. Moeys if the GFI outlet for the wiring meets Electrical Code requirements; Mr. Shultis thought it did not. Mr. Moeys responded that he will wire it differently then. Mr. Shultis explained that the string lights need to be shielded although it's not clear about that in Zoning Section 260-54. He suggested that Mr. Moeys have his Site Plan preparer review the law and meet its requirements.
Applicant Assistance List:
* Pay $400 parking fee for additional seats
* Exterior strings of lights must meet requirements of Zoning law and are to be wired according to Code
Mr. Moeys felt that everything he had done thus far had already been agreed upon and he was being asked to provide something new at each meeting he has attended. About the strings of lights, he said that if the Board had a problem with it, then the whole Town should comply as well. He should not be the only one. Mr. Shultis explained that it is not the Planning Board's job to enforce the law for other businesses who may not be in compliance, that other businesses in the Town are not before the PB to amend their Site Plan like Mr. Moeys is now, and that in the course of the PB's review of his application, they must ensure that the new plan complies with what is required under the Site Plan Review section of the law.
Tape side A ended. Side B begins.
Mr. Moeys will need to meet items on Applicant's Assistance List in order to be granted final Site Plan approval. He left the meeting before a return date could be scheduled.
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MICHAEL STOCK, MICHAEL STOCK & DIANE KRAUS, KPMC, LLC, PB #12-1080E: Public Hearing of Lot Line Revision and Minor Subdivision application for three land parcels involving transfer of Parcel A of 1.173 acres, from +/- 30.6 acres parcel owned by KPMC, LLC, and Parcel C of 1.283 acres, from +/- 14.9 acres parcel owned by Michael Stock, to create a new 10.233 acres lot, part of which is a subdivision of +/- 26 acres parcel owned by Michael Stock and Diane Kraus. Parcel B of 1.392 acres, from +/- 26.0 acres parcel owned by Michael Stock & Diane Kraus, will be transferred to +/- 30.6 acres parcel owned by KPMC, LLC. Total lot sizes after transfers and subdivision: Michael Stock = 13.617 acres; Michael Stock & Diane Kraus = 17.957 acres; KPMC, LLC = 30.789 acres, and the new lot of 10.233 acres. All parcels are in an R5 Zoning District, located on private right-of-way known as Valley View Way, off Rt. 212 in Lake Hill, SBL#s 15.3-5-13.3 (Stock & Kraus), 15.3-5-13.21 (KPMC, LLC), 15.3-5-13.421 (Stock). Rep: Bert Winne III, PLS; PB Reps: Mr. Unrath & Mr. Rose
For the public, Mr. Winne explained that the applicant is doing lot line revisions and creating a new lot. A 10.233-acre parcel will be created from what used to be Lot 1B and Lot1C of a prior subdivision application. Lot lines previously went across the road on the two larger lots, leaving a landlocked piece that was not usable. Now the center line of the road will be the property line, and they will switch Lots 1B and 1C.
Mr. Huben asked if any member of the public wished to comment.
Contiguous neighbor Marcie Avery asked if the 10-acre lot will be contiguous to her land. No, said Mr. Winne. It will all be on the opposite side of the access road coming off from Route 212.
Mr. Rose noted that the lot is bigger than it needs to be in the Zoning District. The road is wide enough.
There was no further public comment, so Mr. Huben made a Motion to close the Public Hearing. Seconded by Ms. Ricci. Vote: 6-0-1-0.
Resolution Points:
•· add note to final plat that references waivers granted under previous subdivision approvals and as appear on filed maps (blacktopping and road width coming off of Rt. 212)
•· Recreation Fee will be waived due to site's proximity to NYC Department of Environmental Protection public recreation land (unless it is determined that the NYCDEP land cannot be used by the public; otherwise, $1,000 Recreation Fee will be due)
•· all owners' signatures must be on final maps
•· payment of Final Development Fee (to be determined by PB at the time draft Resolution is approved)
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Pending Items:
Discuss with Town Councilman Ken Panza referrals of Zoning Amendments to Town Board:
Secretary explained that, in her experience, she had never forwarded formal Planning Board (PB) Zoning amendments to the Town Board so was unsure if there was a certain process to do this. In the PB office records, she could not find any prior referrals by former Planning Specialist Trahan either, except for a simple memo to the Town Board for previously approved amendments in October 2010. The Zoning regulations say something about doing it by Resolution. The Town Clerk is looking for any prior filed Resolutions for such referrals in order to use that as a guide.
The Board reviewed the section of the Zoning law that pertains to amendments, followed by discussion of the proper way to handle this now and in the future.
Mr. Panza said the PB had sent their packet of recommendations for Zoning amendments to the Town Board on October 1, 2010; it had been ignored, so the Town Board is sending it back to the PB to refresh their memory and have them re-consider it. He read aloud the Town Board's memo regarding the peregrinations of the PB's proposed amendments, ending with that Board's Resolution to return them to the PB for reconsideration. Mr. Shultis said that the PB had added more modifications to that packet since then. The only outstanding items left after the last PB meeting on the matter were definition for As-built Plans and the distance they wanted to measure down Rock City Road for the Hamlet Preservation Zone (extend zone to Mountainview Avenue).
Mr. Shultis made a Motion to refer the new Zoning changes packet, now known as the Omnibus Zoning Amendments, as amended, by memo to the Town Board. Seconded by Mr. Rose. Vote: 6-0-1-0.
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Mr. Rose made a Motion to adjourn at 8:20. Seconded by Mr. Shultis. All Aye. ++
Minutes approved at meeting of April 19, 2012
