Planning Board - Regular Meeting

Then a resolution to grant site plan approval file accessory apartment uh passed and then uh old business 198 uh dogtail corners on the road classified as a type two action in a sec there. Um and then we set a public hearing for um for tonight. Uh you can just uh delete the I don't know why these the little T's that are coming up. You can't change it. It's it's a PDF. Okay. I'll change it. Yeah, I'll fix it. It's a typo. Thank you. And then uh and then u we had Mr. Brusiano for Dover state subdivision and resolution granting an extension of his erosion sediment control per approval and um resolution granting uh extension of erosion control for approval for uh his other properties and then um and then we had a motion to adjurnn. All right. Uh motion to accept the minutes by uh member Lorier. Second by member Palmer. Discussion. Seeing no discussion. All in favor say I. I. I. Say no. Motion passes. 502 absences. Okay. Uh next we have a public hearing uh for 198 Dogtail Corner. Uh before we get to opening the public hearing, uh we'll have the uh uh applicants consultant come to the podium. Uh let's see

[Music] [Music] you. Okay. So, uh, Evan Pendleton with Insight Engineering, surveying landscape architecture. Um, just to recap the project. It's a single family residential site, uh, 4.3 acres on the east side of Dog Tail Corners Road. Um, there's a wetland in the southwest corner of the site with a stream that runs along the southern property line. Uh, the site's also bordered by the 10mi River to the east. um and another residential property to the north. Um project proposes to construct a one-bedroom uh pre-fabricated accessory cabin to the south of the existing residence. um cabin will have a water service line from the existing residence for portable water supply and a a new conventional septic system for wastewater disposal. Um we had received a area variance from the ZVA for the size of the cabin on May 12th 2025. Um the we had submitted the JD partial determination to the DC. They came back with a letter on uh I don't have the date. Uh I think I have it here. Uh June 17th. Yeah. Um where they had confirmed that the the on-site wetland is not regulated by the DEC. Um, and also since our last meeting, we had completed on-site soil testing with the health department. Um, and we're working to submit to them

for the septic. Okay. Okay. Uh, thank you. Uh, any members of the plane board have any comments, questions? No. No. Uh, we had a memo from MRF. Yeah, I mean everything was addressed so far. I mean pending the approval of the septic system. So, and then the public hearing. Okay. All right. Engineer Burger, everything's been taken care of. Okay. Okay. Uh, attorney, there are no open planning board issues. All right. Uh, have heard from our consultants. Any members have any further comments or questions before we open this public hearing? None. Okay, sir. Thank you. Have a seat. Uh, I'll need a motion to open the public hearing for 198 Dogtail Corner Road project. So motion made by member Sedor. Second. Seconded by member Palmer. All those in favor of opening this public hearing say I. I. I. This public hearing is now open. Nobody on the list. Any members of the public wishing to speak at this public hearing, please come to the podium at this time. Seeing no one approaching the podium, entertain a motion to close this public hearing. Motion made by member Williams, second by member Lover. Discussion. Seeing no discussion, all those in favor say I. I. Post say no. Okay. This public hearing is now closed.

All right. Uh please come back to the podium. Let me just see. We have uh All right. uh resolution to grant uh site plan special use permit and erosion setting control permit approval 198 Dogtail Corners Road. Uh whereas the applicant uh Gentiel Place LLC has submitted an application for a special use permit and erosion set of control permit approval for the placement of an approximately 399 foot one-bedroom pre-fabricated cabin structure that will be accessory to the principal 4bedroom residence at 198 Dogtail Corners Road known as a project. And whereas uh the subject property is approximately 4.3 acres in size and is identified as tax parcel number 13260-1 sorry- 7160-00-927735. Notice the property whereas the property is in the RU zoning district and is located within the stream corridor flood plane and principal aquafer overlays. And whereas the project is depicted on a site plan entitled 198 AR home proposed accessory structure 198 Dogtail Corners Road over Duchess County, New York. Prepared by Insight Engineering Surveying and Landscape Architecture PC dated February 12, 2025. Last revised May 28, 2025 sheets OP-1, SP-1, and D1 collectively known as the site plan set. And we're pursuant to uh town law section pursuant to zoning law section 145-10 accessory apartments are permitted use in the RU district subject to issuance of a special use permit. And whereas by letter dated March 21, 2025, the building inspect determined that the project constituted an accessory apartment which must be a minimum of 500 square ft irrespective of whether the accessory department contained cooking facilities. And whereas on May 12, 2025, the plane, the

do zoning board of appeals granted the applicant an area variance to permit an accessory apartment of 399 ft. And whereas pursuant to section 37-5A subsection 2 of the do code, the requirement for architectural review board approval does not apply to single family or two family residences or residential accessory structures. And whereas on May 3rd, 2025, the plane board classified the project type 2 action under the state environmental quality review act. And whereas on June 17, 2025, the New York State Department of Environmental Conservation issued a letter of no jurisdiction for freshwater uh wetlands in connection with the property as a duly noticed public hearing was held on July 7, 2025 during which all those who wished to speak uh were heard. Now therefore be it resolved that the project is a minor project pursuant to section 145-63A of the zoning law which is presumed to be uh acceptable and the planning board hereby finds that none of the criteria in section 145-63B of the zoning law will be violated by the project. Be further out that the planning board hereby grants site plan and special use permit approval to the project as shown on the site plan set and authorizes the chair is authorized me to sign the site plan set after compliance with the following additions. One, payment of all fees and escros to Duchess County Department of Health approval for methods of water supply and wastewater disposal. Be it further resolved, the planning board hereby grants the applicant an erosion set of control per disturbance as shown on the site plan set subject to the following conditions. Uh, one, submission of uh $500 to be placed into escrow to cover the cost of site inspections by the planning board engineer. Two, submission of a performance guarantee in the amount of $5,000 in form, substance, and matter of execution satisfactory to the town attorney. Be further resolved that before the authorized official may issue a certificate of compliance, the planning board engineer shall provide the authorized official with a written statement indicating that all work authorized under the permit has been completed in accordance with the

approved permit. This resolution is being offered by moved member Palmer, seconded by second member Sedor. discussion. [Music] Okay. All right. Seeing no discussion, a resolution to grant site plan special use permit and erosion setting control permit approval 198 Dogtale Corners Road. Secretary, please call the role. Uh, member Williams. I. Member Sedor. I. Member Lorovadier. I. Member Palmer. I. Chairman Cine. I. resolution there upon adopted 50 with two absences. Congratulations. Thank you. Um just uh you know keep in touch with uh the consultants and our secretary about next steps and Okay. Thank you. Um, next on the agenda this thought I brought it up. I see. Okay. All right. So, the uh the town's uh zoning update committee has um put forward uh a proposed uh zoning uh titled planned community. Uh the um they presented to the uh town

board at the town board's regular uh June meeting, which was um week and a half ago. Um the uh committee and the supervisor have asked that uh we provide comments uh to the committee by the 14th. Yes. 14th. Um because they are meeting again on the 16th. Yes. Right. Uh I watched the uh video of the the chair of the zoning up committee talking to the town board. Um so the uh what I got from that was that the um the zoning update committee is going to take in the comments, discuss them further on the 16th, incorporate this into all of the other zoning for 145 and then present it all at uh some future date to the town board for approval. Hopefully it's July meeting. Oh, August. Yeah, July this month. Okay, we're going to try. All right. I thought I thought he said I thought he said August. No, we said uh at the end of the summer for the fall thing. We'll probably but we're going to try to get it to as soon as possible. Okay. Get it out. Yeah. Okay. Um All right. So, uh just um you know, I'm not going to uh thankfully for all of us read through this word by word. Uh but, uh you know, just the major points. Um so, this would uh need to be um property that's uh over 400 acres. uh this would need to be uh accessed from a county or state uh roadway. Um part of what was brought up is that there needs to be a conservation uh analysis uh that is done and then um there's a list of all the uh allowable uh uses. Um and then there's a bit of a catchall in in letter H. such other uses as maybe approved by the

planning board and issuing a special permit for a development plan consistent with the purposes of the plant community. So they're, you know, laying out different ideas and then um, you know, H allows for some further flexibility there. Um, special permit for a master development plan and um, just all different analyses that would go along with that. uh phasing plan uh minimum of uh 60% uh open space and no more than 25% maximum pvious surface coverage. Um I think maximum building height of 45 ft. Uh open space buffers uh shall provide open space buffers of at least 100 uh feet from the property line of an existing residential uses. Um uh she'll be served by central public water and uh sewer systems. And um I think also in there was that you know any modification would need to be uh you know as part of the community as a whole. Not that oh I own this piece of this community. I want to do something different. It's got to be part of the whole community. Um all right. So did anybody have any um thoughts or questions? Uh, anything that you uh thought, oh, it should probably include this or oh, I don't think that's a good idea to include that or Okay. [Music] Um, the only thing um fluid situation at this point.

Sure. Um, I'm I'm glad it has the requirements of the county and state um roadway entrances uh because I could see it being a uh certainly a problem if uh you know this were to be some kind of community that would flood uh you know a local road local you know a town controlled road. Uh also that was another part of it that the uh all the roadways within the plant community would be uh private roadways. Yeah. Um, so it's an upper in the uh the highway department. Um, I mean it's a it's a really big 400 acres is big though. Does it make sense to require every road to be private? I mean Yes. Yeah. Okay. Town is not taking over the road. Yeah. I know that, you know, we had a a large project proposed years ago um for Dover Nolles. I think the town was going to take over like the two main like crossroads I believe. Um so the way it's written though is there's no um there's no option for for the town to take over a road. It's all private. Um you know we also at the meetings we discussed there was one where the road would be taken over by the town after so much percentage of the the development is taken over and it's coming back now because the development never took over 80% it only has three houses out of the 10 right you remember we and they want the town to take the engineer B and I have had discussions like that in the past where it's like supposed to get to like what like 80 85 90% something like that. Is typical. It's tough to get there. Yeah. And I think that's the committee wanted to avoid that in the future. Okay. Right. I guess if you have some kind of master development plan for, you know, basically you're creating a little village. Um it's possible this could take like 20 years to fully build out. I

mean maybe it's something that someone's like, "Hey, this is the plan. We're moving forward. Four or five years it's started, finished, done." Could be. But yeah, things change. So Um let me just uh we'll go to the uh NOA curve had a memo is just the um one thing I had was about the the 100 foot wait setbacks of the neighboring properties location of any primary structures the use of business commercial lodging recreation restaurant then pro shall be subject to a minimum setback of 200 ft from any adjacent property line for parcels that are not part of the project. That that question was answer he had that in the uh in his presentation. Uh we didn't want um 120 100 ft or 125 ft if it was going to be restaurant recreation and there's a current house right here. Right. Yeah. I think about 200 feet would be better than Yeah. Further down there's something about then 100 ft. Yeah. Um, where was that? 100 ft is a buffer. Open space buffer. Open space buffer. Open space buffer of at least 100 ft from the property line. Okay. So, like a a residential structure could be built 100 one ft from the property line, but if it's a restaurant, it needs to be 200 feet from the property line. Buffer. Yeah. Um, okay. But that the 100 foot No, the 100 foot is just from open spaces. Um the all interior setbacks are proposed to be put forth with the development plan. They're not put down in here. The developer is supposed to propose what they want their interior setbacks to be, but that 200 foot is kind of like that exterior setback to

other properties and structures. And then the 100 foot is from open space I believe. Okay. That's not how we're probably need. That's not how I'm reading cuz it says you're right. You're right. A master development plan in the planned community shall provide open space buffers of at least 100 ft from the property line of any existing residential uses that are not within the planned community. So for everything that's so after 100 ft from the property line, you could build something. But then up here it says it can't be um commercial uses. Yeah, basically commercial uses. The commercial uses have to be 200 feet. So that that tells me that you could have a house 105 ft from the property line of another house of of the Yeah. But then also the way it's worded um this was the other yeah this was the other part of that I was thinking is um shall provide open space buffers of at least 100 ft from the property line of any existing residential uses that are not within the plant community. So someone has a property that is has nothing there but could eventually have a house 100t. It doesn't have to be 100 ft from the property line. It only says existing, right? That's what I'm saying. So, if there's no house, then you could have it whatever. I guess the regular zoning would be 30 ft or 40 ft from that property line. Shouldn't it be from this the existing setback lines of those residential? Yeah. I So, the houses built in the future aren't because they have certain rights to those that are not. So that like you know if you so it makes me think that you could build something 30 feet from the property line if that's what the backyard setback I don't remember what it is for rur we could obviously look it up but it's not certainly not 100 ft you could be within

right and then so you could make it 30 ft 31 ft you know whatever and then someone could build their house but then that doesn't mean you have to then move your h you know you don't have to then move your structure so that person may have their house 25 ft or ft away right right well it probably solve every all the confusion if they put all of this these similar things all in one section. Yeah. So that you wouldn't be looking back and forth and saying this is just have a setback section. Yeah. Yeah. All the setbacks are here. Okay. Dimensional standard. Yeah. Maybe with a couple of examples to make it clear. That's all. Because again I'm trying to think of whether it's a year from now, 5 years from now when we actually have to do this and we're then trying to figure this out. Then it could be I mean instead of the term residential uses do we want residential zoning then you're looking at having those setbacks from properties that aren't built on yet but they could have homes in the future go from the setback line right whatever the property line is could be 100 ft back or any adjacent to the right but then if it's adjacent to a commercial property then it doesn't have to have the 100 foot open space buff it makes more sense to be from their setback line way, but maybe they would want to be 100 ft from a commercial use. I don't know. Well, the applicant is it's the duty of the applicant when they design their project to set up their own setback structure. That's internal. So what they're talking about here is confusing what you know but when you see it saying open space buffers. Mhm. But then they still have to put them all in one place because it's not clear here you know what the open space buffer is for any set of requirements. Right. It almost seems like it just be more straight forward just that there's

a 100 foot buffer around the entire external the Yeah. I mean, you know, should not apply where residential uses be buffer uh buffered lie across a state or county highway or something, you know, like I don't know that it needs to be 100 ft away from the state road for certain things, but um okay. So, I just I was just that was really the only part of this whole thing that uh just kind of came out to me like I think this needs to be just a little further investigated, thought out in terms of okay, what about this, what about that, what about that, what about this? Um, anybody have anything else that I know I already asked, but All right. I know a car had a memo. Yeah. So, I'll just I guess start from the beginning then. Um, and this is pretty high level cuz we are thinking that the town is going to have their attorneys and someone look at that further. Right. So yeah, um first of all, it's in article 8, administration and enforcement. Doesn't seem to fit there. So we're kind of just recommending that choose a different location like supplementary regulations. It's supposed to it's supposed to be under I had brought that up at the meeting. It's supposed to be under 14552. It's going to be after uh country in and conference center. Okay. Okay. Okay. Yeah, that makes So it'll probably be 145 52.3 or something, right? Okay. Oh, okay. Yeah, I guess that's where we were at. That's when I read that I said that's I got to tell her. Gotcha. Okay. Well, that's good to know. Um then we were just kind of wondering overall, I mean, you had brought up that in the meeting and we um watched the meeting too that they said that there's more coming and kind of like, well, what else is coming cuz there's blanks in here. So, are they going to be filling in the blanks? Are there going to be additional things such as that uh conservation analysis that it talks about?

They're really there are some things that they could be alluding to in the code that they might be talking about, but there isn't necessarily a conservation analysis in the code right now. So, right, we're just kind of wondering overall timeline and what additional things they're thinking of adding on to this. Right. And then to tack on to that then SRA I mean I guess we're just curious wanting to verify that the town board is going to be doing it because there are then parts in the law that talk about having something submitted before the de before this law is even at the end it says um I think if you search for deis but let me find Nothing in the law. It says deis. No. What does it say? [Music] Secret comes up for projects for which it's at the very beginning under B at the end for projects for which a draft environmental impact statement has been submitted prior to the adoption of this section. projects for which okay included okay may substitute for a conservation analysis so we don't have any of those projects yeah there's nothing in us right now anyway well how could they submit if it's not allowed it this is just a confusing statement that probably should be removed in general which I think is another one of our comments okay unless they know something kind of makes it seem like they're trying to have somebody else do the environmental impact statement for this when if the town is passing this zoning law then they need to be doing the environmental review and going through secret on it. So right um I mean the you know there's one project that we're all aware of that is

interested in this zoning and they submitted a scoping document but not a draft environmental impact statement. So, well, and if the town is the one championing it rather than the applicant, the town is saying that this could happen on more than one property. They're not making it just for this one application coming through, right? It could be for any application that's 400 acres off a county, state road, right? So, they're going to have to do some type of even if it's generic an environmental impact statement to review what the potential impacts are. And so then you're looking at, you know, how many properties are there in Dover that are 400 acres? Probably not a lot, but something that it doesn't necessarily speak to that we also highlighted was like what about the assemblage of parcels, right? So do we want people to be able to have, you know, a 100 a couple 100 acre parcels that are all next to each other that they all buy up and then they can, you know, turn into this or was they they could propose that. Right. Right. And now that we're talking more about it, actually I'm thinking like it because there's zoning in place for the psych center properties. Could someone who owns the psych center properties take this zoning and apply this zoning to that property as it stands? And then like you know which is more beneficial to them I guess cuz I mean that was a you know that zoning certainly allowed for a lot. So I don't know that this is you know more advantageous or not but it just occur now that it could you know it could be for those I think as well the wording in the uh country in conference center does have something about assemblage so maybe the wording should be similar to that [Music] very nice being serenated I So that was one of the comments that I

had. It has to do with who when when you choose whether you're applying for this master plan or not. Mhm. Um I think it could use a little more clarity as to, you know, when the choice is made to proceed this way or under the existing zoning because it says you don't need a master plan if you're if you're just building a use that's allowed under existing zoning. So, if I wanted to be right tricky, I would come in and propose all of my 100 single family homes and all of my uh two family home, everything that's allowed under the current zoning without having to do a master plan for phase one. Yeah. And then, you know, then I've negated that whole master plan requirement and then I come in later for the hotel when I'm ready, but then everything else is in place and it takes away some of the master planning. Yeah. Okay, that's why that's what we have recommended in other towns. So that's with the way it would go. So I you know maybe just some clarity like either you are anything o over you know 50 acres has to proceed under this. So if you want it to be a master plan make sure it's locked in. Well yeah I mean is there a way that you can't come around it? Is there a way that the zoning could be written such that if you take this step it precludes you in the future from using this to for you know to I'm sure I think I think we need to have them decide whether they're proceeding this way or that way very early on the language. Well, I don't know. I mean, that's what I'm, you know, it's like if you have 400 acres and you come before us to subdivide it into, uh, just to make it the, you know, the math simple, it's in a district that allows two acres zoning, you're going to have, you know, 100 2acre lots. Obviously, there's whatever, you know, buffers around it, conservation, there's some swamps. You can't use everything, but and then you say like, oh, well, hey, you know what?

I can use this zoning to apply, you know, for this that and the other thing that's allowed and the housing's already it's already been subdivided. You can't unsubdivide it, right? Yeah. I'm just, you know, is there something in here that they said that if you do if you change anything, you have to come back to complete amendments, but that's if it's under if it's already under the plan in the first place. Yeah, attorney was getting at and um engineer Burgerer said there's been advised in other towns is like you kind of you know what you want to do but you do part two first so you can kind of have it all set up for the way you want it and then do the next part which is like hey now that I you now that I have it in front of you and you already subdivided land for me I'd like to apply for this I'd like to use this zoning so I can have my hotel I can have this this this and this and it kind of gets around. Mhm. Then the environmental analysis has to take in account. Okay. Well, now there's 100 houses here. So I I maybe there's some way to to write it so that it doesn't allow for if you've taken some action, whatever that is. It precludes you from then utilizing the zoning. Right. I don't know what the action is. So, I'm just saying maybe there's a way to the the other thing I think could be clarified is um if once you have a master plan, let's say you have a master plan over 400 acres, um there's the provision that says if there's a change of use, you don't need to amend the master plan, but that there should be some standards for what would trigger a new master plan because if I was approved as a, you know, hotel and I'm decided I'm going to start building rockets, that should trigger a master plan amendment. I think so. So maybe there's a threshold like any change of more than 10% impervious or 10% traffic or 10, you know, some kind of threshold that says time for a new

master plan. Cuz I understand the person who's putting on the back porch can't handle a master plan for 400 acres, right? Once once the lots get sold, people are going to come in and change their houses and and do little things. Maybe. Yeah, I think good point. that to that point you might want to exempt some have it specifically exempt some residential uses like how does this work once it's built yeah that's that's a good question so they have over an overlaying development zone and they've been doing that for years and so if you create overlay and you allow the houses to go in with with smaller setbacks down the road if any individual lot wants to come in and make any changes to that initial plan. Right. The entire plan has to be relooked at how this is written. Right. Right. So, but that's right in that's right in their code. So, it's very clear. I just had to do one for a simple single lot family house moving 5t. Right. Because it was separate from the original plan. They had to go back and planning board and everything for the entire thing for changes. But that was part of their original plan. Nobody knew it up front. So either you build the house the way it was approved back 10 years ago, right? Or this is the process you have to do. So we probably need to make it very clear with the changes. Not, you know, it's so clear that nobody misses it. Right. Right. Right. Cuz I can see where the the master plan says we're going to put the house here. Five years later, you start digging for the basement, you realize, oh, it's like a giant thing, a ledge, and we we just move that if we move the house 10 feet this way, they'd be fine. What you're saying is you'd have to go through the whole process again. Move the house 10 ft. Let's just show that you didn't have effects on all the others because sure, you were you've got you were given all

these waiverss or all these extra benefits by doing an overlay, right? So, kind of like here doing a master plan. If we didn't do one and you're trying to get away without doing one, there's got to be a very clear, okay, you didn't do one, but if you these changes occur, you know, have the whole site has to be reevaluated regardless if you built those 100 houses or not. And if that means you have to make changes, that's your problem, right? That way it's clear. So some some future understanding of when you need to make changes to the master plan and what would trigger it and when you don't and very very clear too just clear guidelines for how there's so many of these towns I read the guidelines are so you end up in the zoning board all the time trying to verify what does it mean so I mean that that could be in the zoning or it could be in the master plan that the planning board adopts saying like you know like an amendment section near the bottom. It's like if you want to change this or this, you have to come back to us or something. It could I mean I I like it better in the zoning because then it's well it's not as but sure but yeah it could be part of the master plan as well. Y okay um another thing was uh ARB. This says you have to come up with your own design guidelines. That's great but are we specifically superseding the guidelines and chapter what 35 or whatever it is? and you know are we exempting from ARB approval if the ARB is ever reconstituted right and you know is this exempt from zoning board variances if we're coming up with the their own standards and is that you know forever or just once the master plan's adopted and then you need a variance if you don't comply with your master plan right if you want to do something different do you have to come back through the planning board to do something different or can you say, "Oh, you know what? I want to go to ZBA to get a variance."

Right. I mean, I guess if you went through this process, the way it's written is you have to continue to go through this process. You can't go to the ZBA. Maybe that just needs to be explicit. Mhm. Yeah. Something to think through. Yeah. Um, we noticed that the Well, and I'm sorry. And also legally, can you make it so that like the only appeal then is to go to court? Like if you don't like what the playing board says, well, you're gonna have to move your house 10 feet. And you're like, I don't want to go through this whole process again. I'd rather just go to the ZBA. And they say it's fine. Like, well, that's not allowed in the law. And then they say, okay, well now I'm going to sue the town. But you agreed to the process at the beginning. So yeah, I guess it would I guess it would just be wasting your money and time in a courtroom. But I don't know, right? There's a black and white answer. It's questionable. But I think if the if you're giving the planning board all that discretion to set the standards, then there is no ZBA process because the planning board has all of that discretion, right? The zoning board exists because the planning board is bound by those dimensional regs, right? But right, if the dimensional regs are whatever the planning board decides for this plan community, yeah, if we decide that and you don't like it, right, what happens? Too bad. That's too bad. That's too bad. And you can just go with the whatever the zone underlying zoning is. I guess that's I guess how how I would read the law in total. Just No, the law applies to master plan comm community master planned communities, right? So if it So you the master plan is a given that you will have a master plan, right? But if the planning board doesn't make the master plan, they make their master plan and the planning board says yes or no. Yes or no? Right. That's right. And first they have to do the

conservation analysis. Right. So if the planning board says no, what's their remedy? What's their remedy? Yeah. Well, what's anybody's remedy that doesn't get their pro project approved? Their remedy would be, I guess, they could come up with a different master plan. You know, I mean, we can't guarantee that we'll approve everything that comes before us. What would be the purpose of having a planning plan? I agree, Corey. When we uh were doing these this uh law, we did not look at the project that was handed to us. The we took we did not look at Starkdale and nothing that they gave us. It was what we wanted to do for the town, not what needed to be done for that project. Yeah. They should modify to meet what we want. Yeah. Some some other questions for the planning board. There's a 45 ft height limit, right? Um, does that mean that every residential building gets to come in at 45 ft or do you want to differentiate between, you know, commercial buildings and residential buildings or True. Yeah. True. But again, I guess it's it seems like the way the law is written uh and what um member just said is that the planning board could say they could propose 45 ft for every building. the planning work could say, "Well, no, we only want 30 ft for residential buildings." Yeah. I mean, that without without guidelines. Mhm. What's your You don't have What's the rational basis for you saying no if they're coming in with something that meets You couldn't say no to that, Ryan, because it's right in the law. You would have to do what she said and make the

law if you wanted it to be different for residential then that would be in the law. It just says building height there. So yeah, it says maximum building height shall be 45 ft. Doesn't mean you're entitled to have every building be 45 ft. Well, the way that's written it does. So she makes a valid No, I don't I don't see that it does say that. Well, it just means you can't have a building that's 46 feet tall. Try to think of it from a secret process too. Like you'd be looking at worst case scenario, right? If this is to get implemented, worst case scenario is every building is going to be 45 ft. Does that fit the character of Dover? Uh probably, you know, we'll let you guys decide that. But I think that's what minimum height um I guess one floor building takes care of that probably. Um, but that's just, you know, something to take care of is you kind of do need to look at worst case scenario. And to Victoria's point, too, a lot of people are going to come in and think, if you guys generally feel like a residential structure should have a lower height, then you should put that in now because that's going to provide clear guidance for people coming in. It's going to make the process a lot smoother going down the line. When you say you guys, not us. Okay. I mean, you should suggest it to the town board because it will make your planning board lives much smoother. Okay. I mean, I I think it's a it's a great first step. It's just as we think through some of how an application would work through the process, there's, you know, a few things that still Yeah. I guess to be clear, overall, I think this is a great idea. I It's just kind of like thinking of the minutia 2 years from now of, oh, wait, we should have thought of this or that. I'm trying to think of this or that now, not two years from now when we're like, well, I guess every building's 45t tall now. Or a developer's goal is to maximize profit. And so if you have 45 feet and

if you say employee housing doesn't count towards these limits, I'm coming in with some very innovative employee work program where people are paying to come work on my property and you know I'm I'm figuring out all the and and you have a structure that's three basements deep and Yes, exactly. There's no there's no maximum depth and then we wonder why the building goes. So, okay. Anything else? I mean, definitions I thought um I just think I and maybe the committee's taking care of this because they're redoing the other parts of the zoning. Maybe the definitions are just part of the overall 145, but like the term duplex, we don't use that term elsewhere. So, is that a new term or should that just be two family? What was that? Duplex. A duplex. Rather than two family home, it says duplex. Oh, okay. So, is it something different? Is it not? You know, just making sure that everything matches between the the new and the old. Along that point, there's also this term or phrase traditional neighborhood layout. Um, that's fairly vague. Um, I suggest either clarifying or removing maybe because just that's a part as a part of the planning board's kind of work that out. Well, so but it says traditional neighborhood development described in blank. So, is it coming? Right. So I guess I think he left the numbers out because if he's becoming part of the current 145 those numbers could change in the new 145. So if you put the old numbers in, we just go back and change everything those in. Well, no, maybe it's also something that's being proposed with the zoning update committee is that here are the here's what the zoning update committee

is saying. Our traditional neighborhood development lang, you know, yeah, principles just clarifying that type of stuff so that like I said that when applicants come in, they have a better understanding of what's expected of them process. Yeah. Yeah. I'd be curious to see what the traditional neighborhood layout would be. Every house has a mailbox, a dog in the front yard. Like bicycle rack. What does that mean? Yeah. Flag bowl. All right. Any further? Parking for seven cars. Okay. So, what we were tasked to do was to get comments back to the zoning update committee and what the council right said was to um Secretary Vanmillan uh by the 14th. So, yes, I see you've been writing down everything or just about everything we've been saying. Okay. So, I don't know that we necessarily have to most of it. Yeah. I don't know that we necessarily have to come up with a memo from the planning board because it doesn't seem like I'll start putting it together and I'll give it to you and you can review what I put in there on the list of things that were discussed. Yeah. I mean, you know, I mean, does anybody have any objections to anything that was brought up? Like, oh, I'm totally against whatever. Okay. The only thing I have is pull in the mic, please. Yeah, just microphone. Thank you. The the duplex and then it says multif family. What is multif family? Is that three or more? Two, five, 8, 10. It just it's semantic already in the law. Also define what a family is. Good point. Yes, it's already I think the definition is

already in the law. multi family. But right, we should we should think through it. I mean, I know you weren't thinking through any specific proposal, but we did have a proposal in front of us that envisioned like 13 unit buildings and Right. apartment buildings. Yeah. So, small apartment buildings, but apartment buildings. Yeah. And I'm assuming that the 500 square foot limit we should think through also in in these units if for multifamilies are we applying the 500 square foot requirement that's elsewhere for accessory apartments because these aren't quite accessory it would be units. I mean that's if that's where you live it doesn't seem very accessory that's your apartment. I know one thing that was brought up after this was that um in the future these are apartments or used for workforce. What happens if they decide to change it over that they want to sell them as condominiums? True. So I think we were talking about putting the wording of a deed restriction. But what would be why wouldn't you want them to what would be the difference if it's rented or owned? I don't that was just one of the conversations we were having, you know. I mean, it's right once once it's built, it's hard to control. Sure. Yeah, that's Yeah, but retain my glasses. You don't you don't want my glasses. All right. Um Okay. So, how about how about this? Uh, how about a motion? Um, the for the the motion for the planning board to um allow for the planning board chair and planning board secretary to draft a memo to the zoning update committee with the sentiment of the planning board for this proposed legislation. So move. Motion made by member Palmer, seconded by second

member Sedor. Discussion. Okay. I guess in just the next couple days if you're like hey you know what actually this or something just send secretary VM and I you know email and we'll put it in and then Okay. All right. Any further discussion? See no further discussion. All those in favor say I. I. I. Any post say no. Motion passes. I saw Secretary ML I'll get with you um tomorrow or Wednesday. I'll start working on it tomorrow. Yeah. Okay. Yeah, I'm I'm around a lot tomorrow and chunk of Wednesday. So, okay. All right. Um, thank you everyone. Uh, mouse is not working. There we go. All right. Uh, so our next scheduled meeting is July 21st. You sent us an email that as of 12:01 last Wednesday, nothing had come in by the deadline. I like that, huh? Uh, and we finished up 198 Dogtail Corners Road tonight. So, I do not see a reason for the meeting on July 21st. So, there is no meeting on July 21st. Uh, our next meeting is then August 4th. The deadline for that is July 16th, which is 9 days from now. Um, do we already have something? There isn't already something like coming in, right? Not that I know, but Okay. All right. Um, and then we'd have a meeting after that, August uh 18th. 4. Oh, 18th. After the August 4th. Yeah. August 18th. Uh, deadline of then July 30th. Yeah. Okay. Seeing no further business before the planning board, I'll make a motion to adjurnn. Seconded by. Second. Member Palmer. All those in favor of the German say I. I. We'rejourned.

Go ahead.