Kent Planning Board Minutes February 2018
February 8, 2018
Approved: March 15, 2018
Minutes
Town of Kent Planning Board Meeting
February 8, 2018
FINAL
Following the Pledge of Allegiance, the meeting was called to order at 7:30 PM by Mr. Phil Tolmach, Chairman of the Town of Kent Planning Board.
In attendance were the following Planning Board members:
Phil Tolmach, Chairman Dennis Lowes
Giancarlo Gattucci Stephen Wilhelm
Absent:
Simon Carey Charles Sisto
Others in Attendance:
Bruce Barber, Environmental Consultant Bill Walters, Kent Building Inspector
Julie Mangarillo, Engineering Consultant
- Approve Planning Board Minutes from December 14, 2017
There was no meeting in January 2018, so Mr. Tolmach asked for a motion to consider the minutes for the December 14, 2017 meeting. The motion was made by Mr. Lowes and seconded by Mr. Wilhelm. The roll call votes were as follows:
Phillip Tolmacht, Chairman Aye
Simon Carey Absent
Giancarlo Gattucci Abstained
Dennis Lowes Aye
Charles Sisto Absent
Stephen Wilhelm Aye
The motion carried.
- Cypress Creek Solar Energy Farm, Mooney Hill, Kent, NY; TM: 12.-3-9
The Public Hearing for this project was held over until the March meeting at the request of the applicant.
- Ryder Property, 170 Waywanda Court, Kent, NY; TM: 41.-1-8
Mr. Martin Stejskal, of Architectural Visions, represented the applicant, Mr. Ryder, who also attended the meeting.The owner of the property proposes to build a 2,525 square foot four bedroom residence and a detached garage (with a bathroom) on a 5 ½ acre parcel.The Kent Consultants submitted memos, which were addressed at the meeting.The limits of disturbance is to be less than one acre and there is a brook on the property.The applicant is waiting for results of the wetland delineation and when it is received it will be shown on the updated survey.The SEQRA information was also included with the plans.
Mr. Barber’s Comments (memo attached)
Mr. Barber stated that this project was a Type II action under SEQRA and the applicant was asked to provide zoning setback lines and information on the zoning bulk tables to ensure that it meets zoning requirements.An EAF was also submitted via email and Mr. Barber asked that the total area of disturbance should be calculated in square feet and tha amount of fill should be calculated in cubic yards.In regards to wetlands, Waywanda Court is surrounded by a lake and outlet regulated by the NYSDEC and the buffer of such appears to encompass most of the subject property.Mr. Barber suggested that the applicant contact DEC to speak to a wetland biologist to determine steps regarding any applicable permitting or wetland delineations in accordance with their requirements.The property also contains Town of Kent wetlands and the applicant has contacted a biologist to delineate the Kent wetlands.The applicant requested a tree waiver and Mr. Barber inspected the property in July to determine a septic location for the applicant and Mr. Barber will visit the site again to determinewhat trees would be cut.The NYSDEC indicated that there is a potential of the presence of rare plants and animals on the property, therefore there will be the necessity of a written report from the NYS National Heritage and U.S. Fish and Wildlife.A soils map needs to be provided and a soil sample of fill brought onto the property was also requested as well as a floor plan and elevations of the garage and the intended use for the garage and why a bathroom is to be constructed in it.Mr. Barber noted that on the first floor of the house there will be an office and he asked whether or not the Board of Health approved the plans and asked for the BOH approvals.Mr. Stejskal said the Board of Health has reviewed the plans and said that the office may later be converted into a bedroom, which is why the house plan shows four bedrooms.He also stated that the garage is going to have a powder room only and is not intended for occupancy.
Ms. Mangarillo’s Comments (memo attached)
Ms. Mangarillo said that the applicant is disturbing more than 5,000 square feet, but that the property is situated outside of the East of Hudson Watershed and the applicant is not required to go through the DEC or submit an NOI.They do need to obtain a Kent Erosion Control and possibly wetland permits and final stabilization, estimated costs.Part of the driveway is going to be regraded and Ms. Mangarillo recommended keeping it under 10%.Because Waywanda Court is not paved the first 30 feet of the driveway may not be paved, and she suggested the applicants meet with the Highway Superintendent and the Kent Fire Department regarding emergency vehicle access and turnarounds.She requested BOH approvals.
Mr. Lowes suggested that the surveyor set some laths at the corners of the house and garage to orient the Planning Board to the plan when they visit the site.
- Route 52 Development/Peder Scott Project, Route 52, Kent, NY; TM: 12.-1- 52
Mr. Michael Caruso represented the applicant who was also at the meeting.Mr. Scott was unable to attend the meeting.The project involves construction of two hotels, a conference center, a truck stop and a water park on 150 acres of undeveloped land with frontage on Route 52 and also on Bowen Road.The site will be campus-like with a main boulevard.The indoor waterpark will have a colonnade feel.The truck stop will have approximately 70 spaces with a family-style restaurant alongside of it.There will be separate access for the truck stop, the country store aqnd a third access to the hotels and conference center.There will be a driver at the truck stop to transport the drivers to/from the truck stop.The hotel marques will only be visible from Route 84.The grade and elevation of the hotels will be lower than Route 52.The truck stop will not be operating during peak hours and will not impact traffic on Route 52 during peak hours.Provisions for waste will have a facility on site to process it.The intention is to minimally impact the site in a negative way.
Mr. Wilhelm said he is excited about the project, but has concerns about the phasing schedule.Mr. Caruso said the phasing schedule depends on how quickly the rock can be removed from the site.Mr. Tolmach said that he understood that the truck stop was to be constructed first and asked if at least one of the hotels could be constructed before the truck stop was built.Mr. Caruso said that, based on the depth of the site and mining operations and excavations,work for sub-surface treatment facilities and utilities would be the easiest to build and the most practical.Mr. Tolmach said the community was concerned that the applicant was only interested in mining the property and would not complete construction of the hotels.Mr. Wilhlelm stated that, if this project really was a construction project there would be no need to excavate to the extent the applicant planned to do.Mr. Caruso assured the Planning Board that the applicant has developed many projects and has a record of completing them on schedule .Me. Tolmach asked the applicant to site some examples of his other projects.Mr. Wilhelm asked what type of commitments the hotels have made to the applicants.The applicant said he has completed at least seven projects in the boroughs of New York City.He has also completed some projects in Pennsylvania.The applicant said that he has never walked away from a project and owns/operates the projects he builds.Mr. Caruso said that the DEC and towns regulate the mining operations and that the applicant is driven to the outcome.Mr. Wilhelm also expressed concern regarding traffic, traffic lights, etc.Mr. Caruso said that the beauty of the site could be re-configured to minimize impact to the traffic on Route 52 and on the site.Mr. Gattucci asked why the decision to construct a truck stop was made.Mr. Caruso said that there are no truckstops between Newburgh and Connecticut and that the concept for the truck stop was going to be more refined than usual with architectural plans that the town would approve.The banquet hall, which would accommodate about 2,000 people, is also another feature that would be bringing in a lot of revenue to the area.Mr. Lowes asked about roadside signage.The plan is to advertise on Route 84 and the applicants will follow the rules of the town and state regarding sign requirements.
Mr. Barber’s Comments (memo attached)
Mr. Barber said that normally walking through the process and analysis is usually the role of the Town Planner, and at the present time the Town of Kent has no Planner and that he would address some of the concerns noted above.Mr. Barber said that this project is a Type I action and the Planning Board needs to determine if they wish to be “Lead Agency” for this project.Then a coordinated review is required and all involved agencies need to have the completed EAF and other material.The agencies must respond within 30 days and the next step would be to determine the significance – a Positive (scoping document) or a Negative Declaration.A Public Hearing would need to be held as well.Rather than submitting a draft Environmental Impact Statement the applicant has asked if they could submit an expanded Part 3 Long Form EAF.Following these reviews the Public Hearing would be held.After everything is completed a “Findings Statement” would be done.Mr. Caruso said that the goal that evening was to answer any questions and that the applicant would like to get SEQRA started.Mr. Barber said a completed part of the application was missing a piece and the applicants must list all of the involved agencies.Mr. Barber suggested that this matter be held over until the March meeting..
- Route 311 Plaza/R Vriebrock, Route 311, Kent, NY; TM: 12.-2-17
Ms. Barber’s Comments (Resolution attached)
Mr. Vriebrock purchased this property last year when the previous owner passed away. The Planning Board granted conditional Erosion Control and Site Plan approvals on March 9, 2017 which were valid for 12 months. Mr. Vriebrock is requesting two 90 day extensions at this time, which would expire on August 19, 2018. Mr. Barber recommended granting an extension of the permits which will expire August 19, 2018.
Mr. Tolmach asked for a motion to grant this time extension. The motion was made by Mr. Wilhelm and seconded by Mr. Lowes. The roll call votes were as follows:
Phillip Tolmach, Chairman Aye
Simon Carey Absent
Giancarlo Gattucci Aye
Dennis Lowes Aye
Charles Sisto Absent
Stephen Wilhelm Aye
The motion carried.
Permit Applications Review (Applicants attendance not required/Workshop Discussion):
- Holmes Presbyterian Conference Ctr Site Plan/ Status Report
60 Denton Lake Road Erosion Control Plan
Holmes, NY
Working through final documentation (bond agreement) and is almost ready for Chairman’s signature.
- Pure Timber Harvest Erosion Control Plan for Status Report
Gipsy Trail a Timber Harvest
Kent, NY
The applicant does not need an Erosion Control Permit or a Wetland Permit.Mr. Barber will send a letter when a map from the applicant is delivered.
- Lewis/Ackerley Erosion Control Plan/ Status Report
72 Barrett Circle Wetland Permit
Kent, NY
This project has been approved.
- Dogward Bound Erosion Control Plan/ Status Report
661 Richardsville Road Site Plan/Bond Acceptance
Kent, NY
The applicant has to submit revised drawings after meeting with the Fire Department regarding driveway access/turnarounds..
- O’Mara Property Erosion Control Plan Status Report
Nimham Road
Kent, NY
TM: 20.-1-1
This project has been approved.
.
- O’Mara Property Erosion Control Plan Status Report
Peekskill Hollow Road
Kent, NY
TM: 42.07-1-7
We are waiting for on documentation including county driveway permit.
.
- O’Mara Property Erosion Control Plan Status Report
Lhasa Court
Kent, NY
TM: 31.09-1-6
Nothing new has been submitted.
- Putnam Nursing & Rehabilitation Erosion Control Plan Status Report
404 Ludingtonville Road
Kent, NY
The applicant will submit new plans in March.
- Anthony Reyes/Realbuto Erosion Control Plan Status Report
49 Tiger Trail
Kent, NY
New material has been submitted for the March meeting..
- Arell Property Erosion Control Plan Status Report
Kentview Drive
Kent, NY
TM: 10.20-1-71
This project has been completed.
- Rodriguez/Olson Subdivision Status Report
104 Smalley Corner Road
Kent, NY
TM: 21.-1-10
Nothing new has been submitted.
- Boccia Property Erosion Control Plan/ Status Report
Beach Court Wetland Permit
Kent, NY
Waiting for Bond
- Von Rosenvinge Property Erosion Control Plan Status Report
451 Pudding St for In-Ground Swimming Pool
Kent, NY
We are waiting for signed agreements
Mr. Tolmach asked for a motion to close the February meeting at 8:30. The motion was made by Mr. Gattucci and seconded by Mr. Wilhelm. The roll call votes were as follows:
Phillip Tolmacht, Chairman Aye
Simon Carey Absent
Giancarlo Gattucci Aye
Dennis Lowes Aye
Charles Sisto Absent
Stephen Wilhelm Aye
The motion carried.
Respectfully Submitted,
Vera Patterson
Planning Board Secretary
Respectfully Submitted,
cc: Planning Board Members
Building Inspector
Town Clerk
FEBRUARY 2018
KENT PLANNING BOARD AGENDA
Workshop: February 1, 2018 (Thursday, 7:30 PM)
Meeting: February 8, 2018 (Thursday, 7:30 PM)
- Approve Planning Board Minutes from December 2017
- Cypress Creek/Solar Energy Farm Public Hearing for Review
Mooney Hill/Kent, NY Site Plan/Erosion Control Plan
(Armstrong Property)
- At the request of the applicant the public hearing on this matter was adjourned from September, 2017 to March 8, 2018
- Ryder Property Erosion Control Plan Review
170 Waywayanda Ct., Kent, NY
- Route 52 Development/Peder Scott Project Erosion Control/Site Plan Review
Route 52, Kent, NY
- Rte 311 Plaza/R Vriebrock Property Request for Time Extension of Permits Review
Rte 311, Kent, NY
Permit Applications Review (Applicants attendance not required/Workshop Discussion):
- Holmes Presbyterian Site Plan/Erosion Control Plan Status Report
60 Denton Lake Road, Holmes, NY
TM: 2.-1-47-1
- Pure Timber Harvest/Forestall Erosion Control Plan for Status Report
Gipsy Trail, Kent, NYTimber Harvest
- Lewis/Ackerley Erosion Control/ Wetland Permit Status Report
72 Barrett Circle, Kent, NY
- Dogward Bound Erosion Control/ Status Report
461 Richardsville Road, Kent, NYSite Plan/Accept Bond
- O’Mara Property Erosion Control Plan/Bond Status Report
Mt. Nimham, Kent, NY
TM: 10.20-1-1
- O’Mara Property Erosion Control Plan/Bond Status Report
Peekskill Hollow Road, Kent, NY
- O’Mara Property Erosion Control Plan Status Report
Lhasa Court, Kent, NY
TM: 31.09-1-6
- Putnam Nursing & Rehabilitation Center Addition Erosion Control Plan Status Report
404 Ludingtonville Road, Holmes, NY
- Anthony Reyes/Realbuto Erosion Control Plan Status Report
49 Tiger Trail, Kent, NY
- Arell Property Erosion Control Plan Status Report
Kentview Drive, Kent, NY
TM: 10.20-1-71
- Rodriguez/Olson Subdivision Status Report
104 Smalley Corner Road, Kent, NY
TM: 21.-1-10
- Boccia Property Erosion Control Plan/Wetland Permit Status Report
Beach Court, Kent, NYApprove Bond
- Von Rosenvinge Property Erosion Control Plan Status Report
451 Pudding St., Kent, NYfor In-Ground Swimming Pool