Kent Planning Board Minutes February 2018

Meeting date: 
Thursday, February 8, 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

  •