VILLAGE OF RED HOOK
PLANNING BOARD MEETING
March 12, 2020
Present: Chair Beth Pagano, Co-Chair David Pearson; Member Don Hanson, Member Ray Towle and Member
Steve Zacharzuk.
Victoria Polidoro, Esq., - Attorney for the Village of Red Hook Planning Board
Chair Pagano opened the March 12, 2020 Planning Board meeting at 7:00pm with the Pledge of Allegiance.
Chair Pagano made a motion to accept and approve the Planning Board minutes, with amendments, dated February 13, 2020. Motion seconded by Member Pearson. All in favor.
Agenda Item #1
Patricia Breinen – Site Plan – Firehouse Lane – Tax Parcel ID #6272-10-388518
Chair Pagano advised that a letter was received from Patricia Breinen dated March 2, 2020, asking for a one year extension of the site plan approval which was originally granted on April 12, 2018. Ms. Breinen advised that they are still working on building plans.
Chair Pagano made a motion to grant a second one year extension of the Site Plan for Patricia Breinen for property located at
Firehouse Lane and listed under Tax Parcel ID#: 6272-10-388518 to April 12, 2021. Motion seconded by Member Towle. All in favor.
Agenda Item #2
Mid-Hudson Valley Federal Credit Union 7468-7476 S. Broadway Minor Subdivision/
Tax Parcel ID #6272-10-433677 Public Hearing
Mark Graminski, P.E., L.S. present
Warren Replansky, Esq., Attorney for Mid-Hudson Valley Federal Credit Union, present
Victoria Polidoro, Esq., Attorney for Planning Board, present.
Continuation of minor subdivision and public hearing.
Mr. Graminski said they have been waiting for the Village to obtain approval from the Health Department for the sewer system and he has had a discussion with the Health Department regarding the signature on the plans for the approval of a subdivision map. Mr. Graminski advised they have met the Mid-Hudson Valley Federal Credit Union criteria in November by obtaining a tapping permit from the Village and running an individual water service down the narrow 10 foot strip and now connects to the building (Mark pointing out on plans), which now eliminates the connection from the main firehouse plaza property. Mr. Graminski advised all the buildings will have water service for each lot. Mr. Graminski advised he did ask for a letter from
the DOH but their response was they would be stamping the map. Chair Pagano said the Board still needs a map showing the individual water line going to the third property.
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Victoria Polidoro started discussion on what easements the Board would require:
parking;
water & sewer;
Mr. Graminski advised that septic already exists and previous owners already granted easements. Mr. Graminski said all existing septic are on the parcels so no easements required. Mr. Graminski explained septic on parcels and Attorney Polidoro indicated if this was added that they don’t need water and sewer easements. Chair Pagano asked for further explanation. Mr. Graminski indicated that there was a septic for each individual building and all within the lot line. Mr. Graminski showed on his plan each building with existing septic for each lot and the building where it is tied into the septic. Chair Pagano said she felt this was not the original condition and felt that the Board has been working with a map that has not represented the facts, because her recollection is that they did not have appropriate septic for the size of the buildings on every parcel. Mr. Graminski said he is not telling they are appropriately sized he is telling there is existing septic, so where they stopped was they had 2 options:
Going to the Health Department and demonstrate that existing septic were adequate, and if not, design a reserve area on each one of the lots to consider current regulations of the Health Department; or
The Village sewer system could be approved
Mr. Graminski said now that the Village sewer system has been approved and the buildings will connect into the new sewer system,
so that took care of the requirement of not having to demonstrate that you could get a current approvable septic system for each one these buildings on the lots. That was the whole reason to wait for sewer approval and that he feels he did not misrepresent this Board.
Chair Pagano said the building plans should accurately describe the conditions underground. Mr. Graminski said he wanted to do just one revision, and wanted to wait until he returned to the Board and do everything at one time. Mr. Graminski said there would be two minor changes (Mr. Graminski showing on the plans where each would have their own service). Chair Pagano advised that the plans that they want signed by DOH and this Board should accurately represent the facts on the ground. Mr. Graminski said it will.
Mr. Graminski showed which easements exist, which are graphically represented on the plans, so he took approved plans and did a graphical overlay of those connections. Mr. Graminski said he spoke with CT Male about Metes and Bounds so he could define them on the plan and he was advised there were none because the Village wanted to have flexibility in case they needed to go around something during installation.
Chair Pagano advised that she signed an easement. Attorney Polidoro advised the map is accurate but there were no Metes and Bounds description so they could move around if needed.
Mr. Graminski advised before he installed the water service he had a discussion via email with the Engineer from CT Male to make sure where there are 2 crossings that he was deep enough with the water service.
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Attorney Polidoro continued discussion on cross easement required: Attorney Replansky asked if they wanted
all 3 lots to share reciprocal easements for the parking. Attorney Polidoro said yes and that has been how
they have been reviewing it.
Mr. Graminski asked the Board if they would be ok with him numbering all lots #1 - #3. Attorney Replansky said he needed them numbered. Board was in agreement. Mr. Graminski advised Attorney Replansky that he wanted to show all ingress and egress.
Attorney Polidoro spoke about maintenance agreement. Attorney Replansky said they would do that when they sell the lots because they are all under one ownership, and single owner maintains the entire, with requirement if sold off that would have to be part of the maintenance agreement. Chair Pagano asked how you subdivide without maintenance agreement. Attorney Replansky and Attorney Polidoro agreed that a declaration of easement and maintenance agreement could be recorded now even though the lots are in the same ownership. Chair Pagano said they are still 3 separate lots even though they share the same ownership. Attorney Polidoro said the intention here is that with snow storage and things like that it will still be used as one lot once it’s sold. Mr. Graminski said yes and showed where dumpsters would be located. Attorney Polidoro suggested to add to the plans the common dumpster area.
Attorney Polidoro asked if there was any landscaping in the parking lot. Mr. Graminski said minor and that
in the center there is a utility pole. Attorney Polidoro asked if utilities will be shared. Mr. Graminski said yes and the idea is that utility will be shared as far as electric and communications. Attorney Replansky asked if it
would be shared coming underground for all three. Mr. Graminski said no, each building has its own service.
Attorney Polidoro said they should have an easement for cable and utilities for each lot. Mr. Graminski said to include Lot 3.
Member Zacharzuk asked about the egress for underground utilities and pointed to location on survey.
Mr. Graminski said no, there is a pole in the parking lot and he spoke with Central Hudson and the feed is on the adjacent property so it is located on the east (Mr. Graminski showed Member Zacharzuk the pole on the survey) and indicated they will go underground. Chair Pagano asked if it will still be shared. Mr. Graminski said yes it will be shared. Member Zacharzuk asked from the east. Mr. Graminski said yes. Member Pearson said when will they do that? Mr. Graminski said when they rip everything up from the sewer. Member Zacharzuk said there is a light on the pole. Mr. Graminski said in event the light disappears they can come back to the Board under site plan for lighting.
Chair Pagano asked Attorney Polidoro what the severity of the under sizing of the existing septic system if the sewer system is not built; how would this Board approve something that is nonconforming. Attorney Polidoro said if the Department of Health signs off on it then it is their jurisdiction. Member Hanson asked if they are selling these properties before the sewer system comes in. Attorney Replansky said no and that they have to be sold within 6 years. Attorney Replansky said he would not advise the Bank to sell before the sewer was completed. Chair Pagano asked if there were any ramifications for the Village. Attorney Polidoro asked if the sewer was not built? Chair Pagano said yes and the properties were subdivided and sold. Attorney Polidoro said it is more than likely they would find something that fits on those lot sizes. Member Hanson asked if this Board could vote that approval is pending the sewer system. Attorney Polidoro said a condition on subdivision
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approval would have to be met within 180 days. Chair Pagano asked what the risk would be to the Village if that did not happen and this parcel was sold and septic failed and there was no reasonable way to put a new
sewer on the property. Member Pearson said there is always a way to fix it. Attorney Polidoro and Attorney
Replansky said there is no liability. Member Zacharzuk asked with septic systems and when the sewer goes in
will the old units be removed. Attorney Polidoro said yes and there is proper protocol for abandonment.
Signage was discussed. Attorney Polidoro said she recalled from a previous meeting the Board would waive site plan. Member Towle said any issue would be if it were a freestanding signage. Attorney Polidoro read signage regulations from Village Zoning regarding a business complex. Attorney Replansky said this would be a business complex. It was agreed that applicant would return to the Board under site plan for any change to signage.
Chair Pagano asked about EVC and bike racks. Secretary Hart advised that from 8-8-2019 minutes it was discussed that applicant would return to the Board for this under site plan.
No persons present for Public Hearing.
Chair Pagano made a motion to close the Public Hearing for the Mid-Hudson Valley Federal Credit Union with property located at 7468-7476 South Broadway listed under Tax Parcel ID #6272-10-433677. Motion seconded by Member Pearson. All in favor.
Chair Pagano asked the Board if they wanted Mr. Graminski to revise the subdivision and return to the Board next month for approval. Member Pearson agreed. Mr. Graminski said he would be fine with that. Mr. Graminski asked if the Board wanted a letter from the DOH. Attorney Polidoro said it would be good to have a letter. The Board decided to make that a condition for approval. Mr. Graminski said he will speak with Ron Miller and DOH.
Attorney Replansky said he would prefer to have the final approval setting the conditions for easements so that he knows exactly what is needed to start drafting. Chair Pagano said Attorney Polidoro can start working on that.
Chair Pagano asked Attorney Polidoro if this Board was ready to do SEQR. Attorney Polidoro said she feels that none of these changes would affect the SEQR process.
Attorney Polidoro asked Mr. Graminski to submit revised plans to her at least one week prior to next meeting.
Mr. Graminski said he will have next week.
Chair Pagano began SEQR part 2 & 3. (A copy of which is on file in the Building Department).
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Chair Pagano read Resolution #2020-01 – RESOLUTION TO ADOPT A NEGATIVE DECLARATION, prepared by Attorney Victoria
Polidoro (only the NOW THEREFORE paragraph).
VILLAGE OF RED HOOK
PLANNING BOARD
A meeting of the Village of Red Hook Planning Board was convened in public session at the Village Hall, 7467 South Broadway, Red Hook, New York on March 12, 2020. The meeting was called to order by Chairperson Elizabeth Pagano.
Moved by: CHAIR PAGANO Seconded by: MEMBER HANSON
RESOLUTION #2020-01
RESOLUTION TO ADOPT A NEGATIVE DECLARATION
Mid-Hudson Valley Federal Credit Union Minor Subdivision
WHEREAS, the applicant, Mid-Hudson Valley Federal Credit Union, has submitted an application for minor subdivision approval to subdivide an approximately 1.012-acre parcel of land located on South Broadway identified as Tax Parcel No. 6272-10-433677 (the “Property”) into two lots of approximately 0.479 and 0.533 acres (the “Project”) located in the Village of Red Hook; and
WHEREAS, the proposal is shown on a plat entitled, “Minor Subdivision Prepared For Mid-Hudson Valley Federal Credit Union,” prepared by Mark R. Graminski P.E., L.S., P.C., dated September 12, 2019; and
WHEREAS, the applicant has prepared a short Environmental Assessment Form (“EAF”) dated July 11, 2019 for the Project; and
WHEREAS, on July 11, 2019, the Planning Board classified the application as an unlisted action in an uncoordinated review of the Project under the State Environmental Quality Act; and
WHEREAS, the Planning Board has reviewed the EAF and information provided by the applicant and has sufficient information before it on which to base a determination of significance; and
WHEREAS, the Planning Board has considered the criteria contained in 6 NYCRR 617.7 and thoroughly analyzed all identified relevant areas of environmental concern.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby adopts a determination of non-significance, determining that the Project will not result in any significant adverse environmental impacts and that a Draft Environmental Impact Statement will not be prepared.
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yes Elizabeth Pagano
yes Donald Hanson
yes David Pearson
yes Ray Towle
yes Stephen Zacharzuk /S/_____________________________
Elizabeth Pagano, Chairperson
Attorney Polidoro recalled from previous meeting discussion about a previous variance granted to this property regarding the Drive Thru Window. Attorney Replansky said correct. Attorney Polidoro said there would need to be a restrictive covenant condition on the drive-thru window. Attorney Replansky said he will take care of that. Attorney Polidoro asked that they put a note on the map (see #3) – use of drive-thru window. Attorney Replansky said ok.
Chair Pagano made a motion to close the March 12, 2020 Planning Board meeting at 8:00pm. Motion seconded by member Zacharzuk. All in favor.
Member Towle advised the next Planning Board meeting will be held on April 9, 2020.
Submitted by,
LARA HART, Secretary
Village of Red Hook Planning Board