TOWN OF WOODSTOCK
APPROVED PLANNING BOARD MINUTES
February 16, 2012
Members Present: Tom Unrath, Paul Shultis, Jr., Peter Cross, James Huben, Lorin Rose, Laura Ricci and Judith Kerman
Others Present: Therese Fernandez, Secretary
Meeting called to order at 6:30 pm. Determination of a quorum.
Agenda: No changes.
Minutes: Motion by Mr. Unrath to approve minutes of October 6, 2011, as submitted. Seconded by Mr. Shultis. Vote: 6-0-0-1. Motion by Mr. Unrath to approve minutes of October 20, 2011, as corrected. Seconded by Mr. Shultis. Vote: 6-0-0-1. Ms. Ricci abstained as she was not present at the meetings of those dates.
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Pending Item:
Discussion with Daniel Silverstein of status of Irene Lovitz SUP #11-423 for driveway off California Quarry Road in the Scenic Overlay District (discussion also continued later in meeting):
Also present: Kenneth Stenger, attorney for neighbors, Sara Goodman (present) and Jeffrey Lapidus (absent); applicant, Irene Lovitz, and her attorney, Michael Lonergan.
Chairman Unrath noted that the lawyer for neighbors had told the Planning Board (PB) in a letter that they don't have the authority to change the road that is labeled "access" on the filed subdivision map.
Mr. Unrath suggested responding to that in this manner: in the case cited by the lawyer, the Town Board had allowed a subdivision, and said a certain section of it was open space. Then, a man built on the open space, relying on a surveyor who had neglected to say it was open space. The man had gotten a Building Permit and built a house, so he had to take it down. Mr. Cross said in the case Mr. Unrath was describing, the deed did not reflect it, but the map did; the filed map at the County said it was an unbuildable lot. Mr. Shultis said he thought that they were going to ask PB Attorney Ms. Grant to look at the map for language that might further restrict rights-of-way (ROWs) off the shared road, other than those approved in the subdivision. Mr. Unrath agreed that is a good idea.
Mr. Rose asked, why should the PB do their legal work? The PB is just looking at visual impact in Scenic Overlay District. Further discussion.
Decision: Mr. Unrath will write a letter to the neighbors' lawyer saying he will have to show the PB that there is language on the map or in the deed that restricts further ROWs. (continued later)
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ESTATE OF MARTIN & MARCIA ST. LIFER AND JANE ST. LIFER KENNEDY, PB #12-1066A: Public Hearing of Lot Line Revision application to transfer 10.065 acres from an 81.600 acres parcel (Estate of St. Lifer) to an 8.446 acres parcel (St. Lifer Kennedy) in the R5/R8 Zoning Districts. Lot sizes after the transfer will be 71.535 acres (Estate) and 18.511 acres (St. Lifer Kennedy), located off Hutchin Hill Road in Shady, SBL#s 15.3 - 7.110 (Estate) and 15.3-7.120 (St. Lifer Kennedy) Rep: Michael Vetere, Jr.; PLS; PB Reps: Ms. Ricci & Mr. Unrath
No members of the public were present.
The PB reps had walked the property. Mr. Unrath asked what the blue blazes on trees stood for. They were very old marks made by Mrs. St. Lifer for no apparent reason, said Mr. Vetere.
For SEQRA, this is a Type 2 action, Mr. Unrath said. All questions on the Environmental Assessment Form (EAF) were answered "no".
Mr. Unrath asked if anyone had a question. No one did. Mr. Unrath signed the EAF.
There being no public comment, Motion was made by Mr. Unrath to close the Public Hearing. Seconded by Mr. Rose. Vote: 7-0-0-0.
Motion by Mr. Unrath to grant final approval of the lot line revision. Seconded by Mr. Rose. Vote: 7-0-0-0. Ms. Fernandez will prepare draft Resolution for adoption at next meeting.
Resolution Points:
* submit 6 copies of the signed final map and 1 mylar
* pay final development fee of $200
* Board member has to sign the final map when conditions are met
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Pending Items:
Accept Revised RMA for Robert Gordon Lot Line Revision and sign final maps:
PB Attorney Grant had changed Mr. Gordon's lawyer's Road Maintenance Agreement (RMA), and the latter agreed to the changes.
Mr. Unrath made a Motion to accept the revised RMA for Gordon Lot Line Revision. Seconded by Mr. Shultis. Vote: 7-0-0-0. All other conditions of approval were met. Final maps were signed by Chairman.
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Extend Lessard & Penaluna WWP #11-015 conditional approval that expired 11/19/11. Need Final Plans for signing + $350 Final Development Fee:
Mr. Unrath asked the members' opinion on extending the approval. Case was discussed later with applicants' rep, Les Walker, present.
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Discussion with Ken Panza about zoning revisions was put on the agenda for next meeting.
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JENNIFER BOUSLIMAN for Agapae Rebekah Lodge 623, SPR #12-343 & SUP #12-425: Preliminary Site Plan Review and Special Use Permit applications for dance school in R3 Zoning District at former Odd Fellows Hall building located at 26 Wittenberg Road in Bearsville, SBL# 26.2-4-21; Rep: Applicant; PB Reps: Mr. Unrath & Ms. Kerman
Ms. Bousliman had decided to go with the appellation of "school". Mr. Unrath advised that schools require one parking space per 12 students.
Mr. Unrath felt that application does not need referral to County Planning Board as this is a pre-existing building with limited exterior lighting that will be shielded or down-lit.
Ms. Kerman asked if overflow parking was possible on site? Ms. Bousliman replied that maybe in future but not planned now. Ms. Kerman noted that there is room in the rear of the building for it. Ms. Kerman also inquired about use of second floor. It is to be used for office space or not used at all.
Mr. Unrath noted that a fire lane is provided and asked if the handicapped parking area will be paved. Ms. Ricci said it doesn't show that on the plan. Mr. Shultis explained requirements for site lighting in order to meet regs.
Applicant's Assistance List was provided:
* show on map that handicapped area, including both parking and off-loading areas, will be paved
* show walkway from handicapped area to be a solid surface
* show handicapped signage on plan
* show lighting, north side of parking to center of parking area, to be 150 watt, downward-facing light fixture
* show sign location with its lighting
Applicants showed a 3' x 3' wall-mounted sign at NE corner of building with gooseneck-type lighting fixture.
PB determined that preliminary plan was acceptable, pending the above-mentioned modifications.
Motion was made by Mr. Shultis to set Public Hearing on March 1st at 7:45 pm. Seconded by Mr. Unrath. Vote: 7-0-0-0.
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Tape side A turned over to side B
Extend Lessard & Penaluna WWP #11-015 conditional approval that expired 11/19/11. Need Final Plans for signing + $350 Final Development Fee (continued from earlier)
Architect Les Walker was present as rep for the applicants. He explained a culvert pipe they put in. It has been in place since August 2011, and worked well during Hurricane Irene that same month, he said.
After filing for Building Permit, Mr. Walker explained further, they realized the work had to go through Wetlands Permit process as there is a small, intermittent stream on the property. They also had the land surveyed and a mitigation plan was prepared according to requirements for Wetlands Permit application. Mr. Walker complained about the several fees the applicants have had to pay for a culvert installation he said he could do himself for $400. He asked that the Planning Board (PB) waive the most recent fee being asked for: $350, a Town final development fee.
Mr. Unrath said he will have to find out if it can be waived. Ms. Fernandez said the Town Board has the authority to waive it. Can PB request a waiver?, Mr. Unrath asked. Ms. Fernandez thought so, given a valid reason for it.
Mr. Shultis made a Motion to ask Town Board to waive this development fee, based on the fact it was "a minor scope of work" and the applicants already paid $200 in fees, plus $1,500 for a Wetlands & Watercourse Mitigation Plan that was "really not necessary" for the work that was done. Seconded by Mr. Unrath. Vote: 7-0-0-0. Secretary will obtain letter of request from Mr. Walker and submit that, with memo from PB, to the Town Board to consider waiving the final $350 development fee.
Secretary said she also must give the Building Department a signed plan before that department can issue a Certificate of Compliance. Mr. Shultis suggested that Wetlands Inspector Mr. Cross go look at installation again as per condition of final approval to determine how well it held up over the winter. He also suggested that Mr. Walker have engineer Meddenbach stamp sets of "as built" plans for submission. PB can automatically extend approval for 90 days, Ms. Fernandez noted.
Case put on agenda as Pending Item for next meeting.
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Discussion with Daniel Silverstein of status of Irene Lovitz SUP #11-423 for driveway off California Quarry Road in the Scenic Overlay District (continued from earlier)
Mr. Unrath noted that this is not a Public Hearing, but he will allow the interested parties to speak.
Mr. Silverstein was present. Also present: Kenneth Stenger, attorney for neighbors, Sara Goodman (present) and Jeffrey Lapidus (absent); applicant, Irene Lovitz, and her attorney, Michael Lonergan.
Mr. Silverstein explained he is prospective buyer who is seeking conditional approval to construct an alternate driveway access to proposed home site on vacant land parcel Ms. Lovitz also owns. Mr. Unrath said the first 150 feet of the new driveway must have approved engineering; no Town Highway waivers will be considered; have to meet Scenic Overlay District standards. Mr. Silverstein thought that was possible to do based on discussion with his engineer. Discussion of various potential requirements.
Mr. Unrath told Mr. Stenger that the Planning Board (PB) had received his letter, citing O'Mara III and Underhill Avenue Corp. cases, and will respond to it.
Another long discussion with the several parties present. Mr. Lonergan reiterated his position that the application before the PB is not seeking approval for any alternative driveway access, such as a shared driveway with Ms. Lovitz. All parties reviewed maps together.
Decision: Mr. Silverstein's engineer has to provide the PB with plans showing at least the first 150 feet of the driveway. Mr. Unrath will write some questions to refer to PB Attorney Ms. Grant.
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Motion by Mr. Unrath to adjourn at 8:15. Seconded by Mr. Huben.
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Minutes approved at meeting of March 29, 2012
