DRAFT
PLANNING BOARD
MEETING MINUTES
MAY 9, 2013
MEMBERS ABSENT
Anthony Ruggiero, Vice Chair
Sylvester Stewart, Alternate
MEMBERS PRESENT
Maureen Cotter
Gerard DiCesare
Mary Hendricks, Chairman
Felix Lopez
Robert Principe
Stephen Thomson, Alternate
OTHERS PRESENT
John V. Andrews, Jr., P.E., Town Engineer
Audrey Friedrichsen, Esq., Town Planning Board Attorney
Mark A. Day, P.E. for Lomanjo, LLC - Amended Site Plan & Special Use Permit
Daniel Simone for Waterfront at Fishkill Phase V - Chelsea Senior Living at Overlook Pointe
The meeting was called to order by Mrs. Hendricks, Chairman at 7:00p.m. Mrs. Hendricks stated
that if any member of this audience has a cell phone to please turn it off or to return it to their
vehicle. Mrs. Hendricks stated that we had an incident previously where a member of this Board
was texted by a member of the audience to try to influence a motion. Mrs. Hendricks thanked
everyone for their cooperation.
APRIL 11, 2013 PLANNING BOARD MEETING MINUTES
Mrs. Cotter made a motion to adopt the April 11, 2013 Meeting Minutes. Seconded by Mr.
DiCesare. Motion carried.
NEW SUBMITTAL
AMENDED SITE PLAN AND SPECIAL USE PERMIT FOR LOMANJO, LLC
(A.K.A. SUMMIT COURT)
Mr. Day stated that the applicant is seeking approval to amend the existing Site Development Plan
and Special Use Permit Approval to construct 14 additional parking spaces. Mr. Day stated that
the parcel for this proposal is located at 12 Summit Court (the corner of Summit Court and NYS
Route 52), in the RB (Restricted Business) Zoning District and consists of 2.24 acres. Mr. Day
stated that presently there is a parking area to the rear and to the east of the facility. Mr. Day
stated that they are in a position right now where they are a little short on parking spaces. Mr.
Day stated that the site is well developed and the only option we could see for additional parking
was to extend the parking toward NYS Route 52, which would require a 2’ retaining wall.
Mr. Thomson asked if the existing trees were going to be eliminated. Mr. Day stated that only two
(2) of the existing trees would need to be removed for the additional parking area that is being
proposed. Mr. Day stated that the lot coverage is at 58.7% and he believes that the code requires
60% coverage. Mr. Day stated that there is an easement in front of the property and that they
would not be affecting that easement.
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DRAFT
PLANNING BOARD
MEETING MINUTES
MAY 9, 2013
NEW SUBMITTAL
AMENDED SITE PLAN AND SPECIAL USE PERMIT FOR LOMANJO, LLC (A.K.A. SUMMIT COURT
(CONTINUED)
Mrs. Hendricks asked what the retaining wall would consist of. Mr. Day stated that the retaining
wall would be a ready-rock system called Nicolock, which would be grey and has a texture to it
that looks like stone.
Mr. Thomson asked if asphalt for the proposed parking area would be utilized or if it would be
pervious surface. Mr. Day stated that the parking area is proposed to be asphalt but would look
into utilizing the Nicolock system if the Board desires this.
Mr. Thomson asked what the use of the existing building is. Mr. Day stated that it is an office
building. Mr. Thomson asked why the additional parking is required. Mr. Day stated that one of
the existing tenants has more employees than other existing tenants. Mr. Andrews stated that
there are provisions that if there is an overall plan for a site it can be treated as a PSC (Planned
Shopping Center) zone and that he would verify this as part of his review.
Mr. Day stated that the parking spaces that are required are 114 and with the new parking area, it
would be a total of 123 parking spaces.
Mr. Thomson stated that he would propose to do a pervious surface for the parking lot from an
environmental point of view. Mrs. Hendricks agreed with Mr. Thomson. Mr. Day stated that he
would take a look into the Nicolock system.
Mr. Principe asked if the area was being graded so that the runoff goes back toward the existing
catch basin. Mr. Principe asked if snow storage was considered. Mr. Day stated that if he goes
with the Nicolock system that he will not have that to worry about and that he would also review
the plans to be sure that snow storage areas are included.
Mr. DiCesare asked what Nicolock is. Mr. Day stated that Nicolock is a product that is equivalent to
patio pavers but they are much thicker and are on an approximately 18” bed of stone, with a larger
stone in between the stone and that it is recommended to be pressured-washed each year.
Mrs. Hendricks asked if a completed application and necessary fees have been received; Ms. Davis
stated yes.
Mr. Principe made a motion that the Board accept the application and refer it to the Town
Engineer, Town Planning Board Attorney, Town Building Inspector/Zoning Administrator,
Dutchess County Department of Planning & Development, New York State Department of
Transportation and the Rombout Fire District for their review and comment. Seconded by Mrs.
Hendricks. Motion carried.
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DRAFT
PLANNING BOARD
MEETING MINUTES
MAY 9, 2013
REVIEW
WATERFRONT AT FISHKILL - PHASE V - CHELSEA SENIOR LIVING AT OVERLOOK POINTE SITE DEVELOPMENT PLAN AND AMENDED SUBDIVISION
Mr. Andrews stated that the order that the Board must follow for the proposed projects is that the
Negative Declaration be reviewed and adopted first, then the Resolution for Amended Site
Development Plan be reviewed and adopted and finally that the Resolution for the Amended
Subdivision be approved and adopted.
Mr. Andrews stated that in this case, new elements were introduced called Assisted Living Units
and self imposed Age-Restricted Units and that these types of units were not part of the original
approval for the Waterfront at Fishkill so that is why a Negative Declaration has been prepared for
the Board’s consideration this evening.
Mr. Andrews reviewed the Negative Declaration, Draft No. 4, dated May 8, 2013.
Mr. Simone suggested that on page 2, third sentence from the bottom, “The offering plan “has
been” been revised to state “shall be” since he has not yet submitted the offering plan. Mr.
Andrews, Ms. Friedrichsen and the Board agreed with Mr. Simone’s suggested revision.
Mr. Andrews suggested that on page 3, under “Reasons Supporting This Determination,” four (4)
lines from the bottom of the paragraph, “DEGIES” needs to be revised to indicate “DGEIS.” Ms.
Friedrichsen, the Board and Mr. Simone agreed with Mr. Andrews’ suggested revision.
Mrs. Hendricks suggested that on page 4, fifth line from the top, in the last sentence, that
“materials during removal and “the” wet the vehicle, that the word “the” be removed before the
word wet and that the word ‘to” be inserted. Mr. Andrews, Ms. Friedrichsen, the Board and Mr.
Simone agreed with Mrs. Hendricks’ suggested revision.
Mr. Lopez made a motion that the Board adopt the Negative Declaration as amended during the
course of discussion this evening. Seconded by Mr. Principe. Motion carried.
Mr. Andrews reviewed the Resolution of Preliminary and Final Approval - Site Development Plan,
Draft No. 4, dated May 8, 2013.
Mr. Andrews suggested that the adoption date of May 9, 2013 would be included in this resolution.
The Board, Ms. Friedrichsen and Mr. Simone agreed with Mr. Andrews’ suggested revision.
Mr. Andrews suggested that on page 3, under “BE IT FURTHER RESOLVED,” that “160-61.A(7)” be
revised to state “150-61.A.(7).” Ms. Friedrichsen, the Board and Mr. Simone agreed with Mr.
Andrews’ suggested revision.
Page 3 of 5
DRAFT
PLANNING BOARD
MEETING MINUTES
MAY 9, 2013
REVIEW
WATERFRONT AT FISHKILL - PHASE V - CHELSEA SENIOR LIVING AT OVERLOOK POINTE SITE DEVELOPMENT PLAN AND AMENDED SUBDIVISION
Mr. Andrews suggested that on page 4 that condition number 4 should be removed since the
signage details are part of the final site development plan drawings. Mrs. Hendricks suggested
that condition number 4 be stricken. Ms. Friedrichsen, the Board and Mr. Simone agreed to Mr.
Andrews’ suggested revision.
Ms. Davis suggested that with the removal of condition number 4, all conditions shall be
renumbered. Ms. Davis suggested that on page 6, in the first paragraph after “D,” in the first
sentence that conditions numbered 1, 2 and 8 be revised to state conditions numbered 1, 2 and 7.
Mr. Andrews, Ms. Friedrichsen, the Board and Mr. Simone agreed to Ms. Davis’ suggested
revisions.
Mrs. Hendricks suggested that under condition number 10 A. that “; the” be removed and a period
be inserted after “143.” Mrs. Hendricks suggested that under condition number 10 B. that “; and
the” be removed and a period be inserted after “development.” Mrs. Hendricks stated that under
condition number 10 D. that a period be inserted after “2009.” Mr. Andrews, Ms. Friedrichsen, the
Board and Mr. Simone agreed with Mrs. Hendricks’ revisions.
Mrs. Cotter made a motion that the Board adopt the Resolution of Preliminary and Final Approval
- Phase V - Chelsea Senior Living at Overlook Pointe - Amended Site Development Plan as
amended during the course of discussion this evening and that the Chairman be empowered to
sign it. Seconded by Mr. Lopez. Motion carried.
Mr. Andrews reviewed the Resolution of Preliminary and Final Approval - Amended Subdivision,
Draft No. 4, dated May 9, 2013.
Mr. Andrews asked the Board’s indulgence to allow him, Ms. Friedrichsen and Mr. Simone to
review the description in fourth bullet on page 1. Mr. Andrews suggested that the current
description needs to be revised to match the actual final subdivision plat. The Board authorized
Mr. Andrews, Ms. Friedrichsen and Mr. Simone to discuss bullet 4 and to revise the language as
necessary. Mr. Simone agreed with the Board on this revision to the language.
Mr. Andrews suggested that on page 4, in the sixth “Whereas,” that the Negative Declaration’s
adoption date of May 9, 2013 be included in this resolution. Ms. Friedrichsen, the Board and Mr.
Simone agreed with Mr. Andrews’ suggested revision.
Mr. Andrews suggested that on page 3, in the fifth sentence from the top of the page, that into
“five” lots be revised to stated into “3” lots.” Ms. Friedrichsen, the Board and Mr. Simone agreed
with this Mr. Andrews’ suggested revision.
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DRAFT
PLANNING BOARD
MEETING MINUTES
MAY 9, 2013
REVIEW
WATERFRONT AT FISHKILL - PHASE V - CHELSEA SENIOR LIVING AT OVERLOOK POINTE SITE DEVELOPMENT PLAN AND AMENDED SUBDIVISION
Mrs. Hendricks suggested that under condition number 13 A. that “; the” be removed and that a
period be inserted after “143.” Mrs. Hendricks suggested that under condition number 13 B. that
“; and the” be removed and that a period be inserted after development. Mrs. Hendricks suggested
that under condition number 13 D. that a period be inserted after “2009.” Mrs. Hendricks
suggested that under condition number 13 E. that a period be inserted after 2009.” Mr. Andrews,
Ms. Friedrichsen, the Board and Mr. Simone agreed with Mrs. Hendricks’ suggested revisions.
Mr. Lopez made a motion that the Board adopt the Resolution of Preliminary and Final Approval Waterfront at Fishkill - Phase V - Overlook Pointe Residential Development - Amended
Subdivision as amended during the course of discussion this evening and that the Chairman be
empowered to sign it. Seconded by Mr. Principe. Motion carried.
EDUCATION
Mrs. Hendricks stated she received all quizzes from all those who are present this evening. Mrs.
Hendricks thanked the Board members for completing their quizzes.
Mrs. Cotter made a motion to close the meeting at 7:50 p.m. Seconded by Mr. Lopez. Motion
carried.
Respectfully submitted,
Debbie Davis
Planning Board Secretary
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