VILLAGE OF RED HOOK
PLANNING BOARD MEETING
October 8, 2020
REMOTE MEETING VIA RINGCENTRAL
Present Via RingCentral: Chair Beth Pagano, Co-Chair David Pearson; Member Don Hanson, Member Steve
Zacharzuk and Member Jim Rogers
Mayor Blundell assisted as Host to open the Planning Board Meeting.
Village Attorney, Victoria Polidoro, present
(Note: All Members were visible, with exception of Member Hanson who was audio only)
Chair Pagano opened the October 8, 2020 Planning Board Meeting at 7:00pm.
Chair Pagano took a moment and thanked all health care workers, police, fire, essential Village workers and all employees of our local shops, markets and restaurants and thanked everyone for continuing to follow the CDC guidelines and encouraged to continue to support our local businesses.
Chair Pagano advised meeting is being held in accordance with NYS Executive order 202.1 which Governs the Open Meetings Law and that tonight’s meeting is being held via RingCentral and a transcript
will be provided at a later date.
Chair Pagano advised of Board Members/persons in attendance this evening:
Chair Beth Pagano
Co-Chair David Pearson
Member Don Hanson
Member Steve Zacharzuk
Member Jim Rogers
There is a quorum for the October 8, 2020 Planning Board meeting.
Chair Pagano asked Board members if any comment regarding September 10, 2020 Planning Board Minutes. No comments.
Chair Pagano made a motion to accept and approve the Planning Board minutes dated September 10, 2020.
Motion seconded by Member Zacharzuk. All in favor.
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10-8-2020 PB MTG.
Item #1
Steven Appenzeller & Beth Goldberg 19 Linden Avenue Subdivision
Represented by Marie Welch, Welch Land Surveying
Tax Parcel ID: 6272-06-384861
Applicant, Steven Appenzeller, present
Village Attorney, Victoria Polidoro, present
Chair Pagano advised after discussions at last meeting there was an issue of whether or not SHPO would be an involved agency, and that this Board did not know that the applicant was previously in front of the Village ZBA Board and received a negative declaration. Attorney Polidoro asked if that review was uncoordinated. Secretary Hart advised yes and was for the ZBA Review for the applicant’s prior variance application.
Member Pearson asked what the variance was for. Secretary Hart advised it was for a side yard issue for construction at residence. Mr. Appenzeller said it was for a 4 foot side yard variance for a 2 car garage.
Chair Pagano asked if SHPO was not an issue at the ZBA meeting. Secretary Hart advised correct.
Chair Pagano asked Attorney Polidoro asked how this would be handled since it seems to be 2 conflicting issues. Attorney Polidoro said the ZBA did its review and the review for a single family home is TYPE II.
Attorney Polidoro advised that this Board has to do their own SEQR review and believes Marie Welch already downloaded the documents to CHRIS. Marie Welch advised yes. Attorney Polidoro said CHRIS, if it is complete, will issue a letter whether there is or is not an impact so tonight the Board should decide whether this Board wants to a coordinated review or an uncoordinated review.
Attorney Polidoro said after reading minutes from last month meeting she agrees with Member Pearson that the Department of
Health is not going to approve this because this is a non-realty subdivision.
Attorney Polidoro recommends an uncoordinated review and to wait on making a SEQR determination until letter is received from CHRIS. Chair Pagano asked how long for them to respond and if this Board classifies as an uncoordinated review and schedules a public hearing, can everything take place at the same time. Attorney Polidoro said her experience is CHRIS usually gets back to you within 2-3 weeks with a minor subdivision like this one. Secretary Hart asked Marie Welch if she heard back anything. Marie Welch said she has not heard anything but received a token number which confirms they received her documents. Marie Welch said she thought they had 30 days to respond and we have not yet reached that 30 day time period.
Attorney Polidoro said another issue to be discussed tonight is if this Board wants an Engineer to go out to advise if there is adequate room on the new lots for a septic. Member Pearson said is the minimum this Board should do. Marie Welch advised that an Engineer has been out there and soil testing done which has been sent to the Board of Health. Mr. Appenzeller advised all tests were performed on potential subdivided property as well as existing property and as he understands is delayed at the Board of Health due to volume of
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applications they have received. Attorney Polidoro asked the applicant to ask his Engineer to submit to this Board his
certification on the tests and that the soils can support the septic system. Marie Welch said she will have those reports submitted.
Attorney Polidoro advised this Board needs to classify this application as an unlisted action with uncoordinated review and advised that she has prepared a Resolution.
Chair Pagano asked if she needs to set another public hearing. Attorney Polidoro said she needs to state a specific date and time.
Chair Pagano asked the Board for any other comment. Member Rogers had questions on SHPO review and Marie Welch said she is still waiting on response from SHPO. Applicant, Mr. Appenzeller, said he did his own search through historic resource survey which shows that there are 3 homes on Old Post Road - 7571, 7575 and 7579 which have been identified as late 19 century properties and from the back of his property at 19 Linden Avenue there is about 300 feet. Attorney Polidoro said the hit would be for archeological significance. Marie Welch she believed the archeological issue would be the Sawkill Creek. Chair Pagano said SHPO will get back to us before the next meeting. Attorney Polidoro advised Marie Welch said for the next submission there needs to be a zoning table showing minimum lots size, set back, frontage and noting the variance received on Lot #1. Marie Welch said ok.
Chair Pagano asked if this Board would have to state on the new lot that construction would need to meet set-backs. Attorney Polidoro advised they have to meet the Zoning at the time the building permit is pulled. Marie Welch said she will put the setback lines on the drawing.
Chair Pagano asked if applicant needs to provide an estimated curb cut. Attorney Polidoro said she does not have to and this would be require only if there was an issue with sight, but feels that is not an issue here.
Member Hanson asked about the lot acreage and what the minimal size requirement was for a lot. Marie Welch advised 20,000 square feet and that there is 21,460 on the smaller lot and 24,000 on the larger lot so both meet the minimum.
Chair Pagano made a motion to set a public hearing for 19 Linden Avenue Subdivision listed under Tax Parcel ID 6272-06-384861 for November 12, 2020 at 7:00pm. Motion seconded by Member Rogers. All in favor.
Chair Pagano made a motion to classify the Subdivision application of 19 Linden Avenue listed under Tax Parcel ID 6272-06-384861 as an unlisted action under SEQR and determines to conduct an uncoordinated review per Resolution #4-2020 prepared by Attorney Victoria Polidoro, dated October 8, 2020. Motion seconded by Member Zacharzuk.
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ROLL CALL:
Chair Pagano – yes
Member Hanson – yes
Member Pearson - yes
Member Zacharzuk – yes
Member Rogers – yes
All in favor. Motion passed.
Chair Pagano asked the Board for any other comments. No comments.
Chair Pagano made a motion to table the Subdivision Application of 19 Linden Avenue to November 12, 2020 at 7:00pm. Motion seconded by Member Rogers. All in favor.
Member Rogers made a motion to adjourn the October 8, 2020 Planning Board meeting at 7:30pm. Motion seconded by Chair Pagano. All in favor. Meeting Adjourned.
LARA HART, Secretary
Village of Red Hook Planning Board