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. Page 1 of 5 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. Page 2 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 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. Page 4 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 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 Page 5 of 5
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