Town of Kinderhook Planning Board Meeting Minutes August 21, 2008

The monthly meeting for the Town of Kinderhook Planning Board was called to order by Chairman Gerard Minot-Scheuermann at 7:07 pm on August 21, 2008, at the Kinderhook Town Hall, 4 Church Street, Niverville NY. The roll was called by the Secretary.

ROLL CALL: Present Gerard Minot-Scheuermann, Chairman Robert Cramer Tim Ooms, Ag. Member (7:11 pm) Cheryl Gilbert Mary Keegan-Cavagnaro Marc Gerstman, Attorney William Butcher, Alternate Don Kirsch, CEO

Excused Absent Mary Ellen Hern Pat Prendergast, Engineer James Egnasher Michael Kipp, Liaison

APPROVE MINUTES: July 10 and 17, 2008 – The Chairman asked for additions, deletions or corrections; there were none. He asked for a motion to accept; Robert made the motion and Mary seconded it. Unanimously by a show of hands and an aye vote, the members approved them.

CORRESPONDENCE:

1. Minutes, dated 6/5/08, from ZBA. (on file) 2. Minutes, dated 7/3/08, from ZBA. (on file) 3. Minutes, dated 7/14/08, from Town Board. (on file) A. Letter to Planning Board Chairman, dated 7/31/08, from Lansing Engineering PC, re: DHN Realty LLC. (previously mailed to PB members) B. Letter (copy) to CCDOH, dated 7/31/08, from Lansing Engineering PC, re: RV Park Extension. (previously mailed to PB members) 4. Minutes, dated 8/1/08, from Town board Special Meeting. (on file) 5. Letter to Gerard Minot-Scheuermann, dated 8/6/08, from Columbia Land Conservancy, re: two-day workshop. C. ZBA Resolution, dated 8/7/08, for Darrin Mazure. (previously mailed to PB members) 6. Letter (copy) to M/M William Kosnick, dated 8/10/08, from Barbara A. Beaucage, re: Home occupation approval. 7. Letter (copy) to James Allard, dated 8/10/08, from Barbara A. Beaucage, re: Two-lot subdivision approval. 8. Memo, dated 8/14/08, from Don Kirsch, re: DHN Realty LLC. (previously distributed to PB members on 8/14/08) 9. Letter with attachments to Planning Board Chairman, dated 8/15/08, from Paul Freeman, re: DHN Realty LLC. 10. Order to Remedy Violation (copy), dated 8/15/08, from Don Kirsch, re: DHN Realty LLC. 11. Invitation to Friends of the Hudson Valley, dated 8/18/08, from US Dept. of the Interior, re: 6th Annual Harvest Day Celebration at Lindenwald.

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12. Email (copy) to Town Board members, dated 8/19/08, from Peter Bujanow, with response from Gerard Minot-Scheuermann, re: request for combined meeting. 13. Email to Planning Board Secretary, dated 8/19/08, from Don Kirsch, re: site visit. 14. Email to Gerry and members, dated 8/19/08, from Bob Cramer, re: site visit.

PUBLIC HEARINGS:

7:10 pm – Darrin Mazure – 54.-2-19.120 – In-Law Apartment – 733 Fischer Rd – The Hearing opened; the Secretary read the Public Hearing notice. The applicant explained the proposal for an addition of an in-law apartment to an existing detached garage. The Chairman asked for questions from the public; there were none. A motion was made by Tim to close the Public Hearing at 7:12 pm. Robert seconded the motion and unanimously by a show of hands and an aye vote, the members agreed. The Chairman asked for Board comments; Cheryl asked that the record show the notes that are included on the plans. This is an accessory apartment for use by a family member only as long as the C/O is in effect; notes #3, #4 and #5 indicating approval with limited use. The utilities are for a single use. We have received the ZBA determination. Tim made a motion to approve the application; Robert seconded it and unanimously by a show of hands and an aye vote, the members agreed. The plans will be stamped by the Chairman this evening and two copies will be given to the CEO; two more copies will be given to him for the applicant to pick up tomorrow.

OLD BUSINESS:

1. CVS – Proposed minor modification to approved site plan – US Rte 9/State Farm Rd Nothing new received as of 8/21/08 – Marc is going to send a reminder to John Joseph regarding what is still outstanding on this project. Robert asked if we should include a deadline when they should contact us.

2. Reclamation of RJ Valenti mine – US Rte 9 – We have heard nothing new on this.

3. Greenfield Real Estate, LLC – (Anthony Buono) – Two-lot subdivision – Nothing new received as of 8/21/08.

4. DHN Realty LLC – Site Plan – US Rte 9 – MHP Zone – 6 acres – Existing one-family residence and previously approved travel camper parking sites – Applying for additional over-night camper parking sites. The members reviewed the plats at this time; a lot of work is being done there that needs to be looked at very closely; Don agreed. Marc said they would not be here tonight. We received a letter from them tonight regarding the notification they sent to the adjoining neighbors. If they haven’t cleared the violations with the Building Department by September, there is nothing we can do, Gerard said.

5. Sotiria Efthimiadis – Kinderhook Diner – Rte 9H – Two-lot subdivision – B1 zone - No EAF/Nothing new received as of 8/21/08.

6. Scheriff Family LLC – Hawley Road – Two-lot subdivision involving two adjoining

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parcels – Zoning is Hamlet – The applicant was present. Dale Rowe will not be back until September, she said. Mr. Massaro did the maps again; the notation on the map for lot B has been added for the proposed well site that was added and the proposed septic site and wetland buffers have also been added. Marc asked for the Dept. of Health letter. Her under- standing was that if they re-did the map and said it was at least 150’ separation that would be acceptable; it is 160’. The only other question was the septic location for the other well, Marc noted. She did not remember that. Robert verified that well is over 200’ away; this map has been re-done since last week, the applicant said. Mr. Scheriff, the other applicant, said that these were all on the maps when Dale Row looked at it. We can set the Public Hearing and the applicant can still work on getting us a letter regarding the Bishop property as we originally asked; our concern is the Bishop well location. Verify that it is okay with the Health Department. The members reviewed the Environmental Assessment Form at this time. Marc described the project. The applicant has filled out Part I; the members will respond to Part II. The project does not exceed any Type I thresholds; it will not receive a coordinated review. He went through the questions, C1 through E; the members responded no to all of them. C3, it was noted, that DEC has not identified any on the plat. After the review, Tim made a motion to make a negative declaration of findings; Robert seconded the motion and unanimously by a show of hands and an aye vote, the members agreed. Tim made a motion declaring the application substantially complete and setting it for a Public Hearing on September 18, 2008 at 7:10 pm. Robert seconded the motion and unanimously by a show of hands and an aye vote, the members agreed. The Department of Health will need to clarify the distance from the Bishop well. There will be a $200 recreation fee plus a $25 final review fee due once the project is approved.

7. Bruce and Patricia Moore – 3559 US Rte 9 -12.-1-7.200 – 8 acres in R3 zone – Proposed Farm Market – Site plan and Special Use – Nothing new received as of 8/21/08

NEW BUSINESS:

1. John and Bonnie Kroha – CR 28A – Previous application – No one was present

ZBA OPINION: (none)

OTHER:

1. Liaison to Village Planning Boards – Cheryl Gilbert - (copy of 7/30/08 VOV PB minutes forwarded to Cheryl on 8/21/08) – No County meeting this month

2. Co-Chairman, 9/9H Corridor Committee – Robert Cramer

3. Liaison(s) to Town Board – Mary Keegan-Cavagnaro; Robert Cramer asked about the signs at the Ocean State Job Lot site – Don said that the signs are the same size. Whatever was there, he said, is the same size. They have made application for a sign to Don already.

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4. PB Liaison – Michael Kipp

5. Senior Housing and the Code – Gerard said that two councilmen have written to Doug; Doug has contacted Gerard. Think about it now through September; we need dates when we can get a quorum together, he said. We may wind up having an extra meeting.

6. Public comments

Tim made a motion to adjourn at 7:45 pm; Cheryl seconded the motion and unanimously the members voted in agreement.

Respectfully submitted,

Barbara A. Beaucage Secretary

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