Planning Board - Regular Meeting

here yet. Call this meeting to order. Please rise for the pledge of allegiance. Pledge allegiance to the flag of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. All right. Uh, we have the acceptance of the July 7th uh, meeting minutes. Uh, it's July 7th of of this year. It's been a while. Want to make sure everybody has been.

All right. Uh, our last meeting uh, again July 7th, 2025. Uh we had a public hearing on 198 Dogtail Corners Road. uh closed the public hearing and we had a resolution to grant uh site plan special use permit erosion control permit approval. Uh passed and uh we had a discussion about the proposed uh plan community uh legislation before the zoning update committee and um then we adjourn the meeting. Mhm.

Uh, okay. Motion to accept the minutes. So moved. Motion made by member Palmer. Second by second. Member Vano. Uh, discussion. See discussion. All those in favor say I. I. Any post say no.

That passes 5 with two absences. Uh, next item on the agenda is old business 10mi preserve activity barn. Um just uh make a note that member Vano had to step away. Okay. Have a quum. Stephing. All right. Hi everyone. How are you? Long time no see. It has. It has been. Yes. Is this like your first meeting in a couple of months at this point? Yes. Wow.

July 7th. You missed the joke already. You had You got to be here in time. All right. Go ahead. All right. Here on time.

All right, everyone. Hello again. Peter Sander representing the applicant. Um, tonight we're here to discuss TMR Activity Barn. As you're all aware, we actually obtained approval for this back in October 2024, so actually over almost a year ago. Um, so just to recap for the board, the application that we have in front is the conversion of an existing agricultural barn to an activity barn. That's to supplement the uh existing conference in suite use for that site. And so essentially the applicant was looking to convert that barn so that had a game room, dining room, um it had uh exterior parking improvements, new well, new septic, the whole works. So, we actually obtained approval for that in October 2024. And then in May 2025, we came up uh we followed that up with a closeout submission where we went through the conditions of approval for the project resolution and say how we are addressing them. Um the major items in that was copies of the DOH approval, a com or a zoning code compliant lighting plan and um and it was also one of the items was the issuance of an erosion sediment control permit. So in that submission we actually noted that the site had been completely stabilized and that there is no um no real need for any more erosion control permit in particular the bonding uh requirement. So then we followed up after um we wanted to just clear things up. So we submitted something in July just as erosion control just a quick analysis of the zoning code per the zoning code

um in in it chapter 65 which is that requirement for an erosion control permit it notes that based the planning board has the right to wave any sort of bonding requirement for the project. So considering that it was a small project to begin with just a conversion and on top of that the work has already been stabilized it doesn't really make sense to have that bonder requirement since it would just be us coming back to say the site has been stabilized and can we have the bond back. So basically what we're here tonight is to try to close out that final condition of the approval which is the erosion control bond. So, with that, I'm happy to answer any questions and move this along.

Okay. Uh, I don't have any questions at this time. N Williams, none here. Palmer. Okay. All right. Uh, set up control. Uh, engineer Burger, if you could, uh, I look at the project as if it was not. Get the microphone a little closer. I'm so used to not having it. That's I have a mic on my own. Wow. Uh I looked at the project as if it wasn't under construction as the chapter um dictates and I prepared a bond and inspection fee as if it was project starting.

Uh erosion control bond should have been analyzed and we requested that of the applicant back when the project was approved. Right. the conditions were provided so that they can move forward with with hope that they'd come in the next meeting with their bond request and the work proceeded without that. The town did not stop the work, but I felt that we still should impose what would have normally been imposed on a project of this type as we have in the past, right, of similar projects where we require a bond before we allow them to start

and require a final inspection afterwards to assure that all the projects without a bond. uh there's no assurance that what's out there uh if there's a few trees that need to be fixed or something will be done. Not saying that it is or is not within inspection that would be un known whether it could be. So I was just thinking in comparing with all the other small projects that we have and what we are imposing on all the others we it would I just treated it the same way. Okay. Thank you. Polado,

the applicant should not get the benefit of having done all the work without pulling the appropriate permits. So, you do need to set the inspection fee so Joe can go out and make sure the work was done properly. And as Mr. Burer said, um the bond is still needed because there's no guarantee at this point that the work was done in accordance with the plan, right?

And that's our way of getting it corrected. Okay. If if you mind, can I just jump in real quick? So, I believe the the whole intent of the erosion control bond is to ensure that the site has properly been stabilized and that if it hadn't that the town could then take that money and stabilize the site, right? That that's the intention of the bond. It's not so much really a performance check to see if the site plan was completed per standard. It's more for the erosion control. Correct. not just erosion control stabilization but whatever u erosion control practices that were supposed to be in place such as the landscaping which is part of erosion control to ensure that all the landscaping was in placed and is in good condition and placed properly.

So the only I guess comment on that is part of our resolution is to ensure that the landscaping is maintained in perpetuity. Right. So that is an a condition. Your resolution also required you to get the ESC permit which you did not apply for. We did apply for it. It was just recently. No, we it our erosion control permit was included in our first provide us with the information we needed in order to complete the ESC permit.

Right. But given that the fact that the port can wave the requirement of a bond and that the site is again I understand that the process was done right. It happened, but the site is stabilized. There is no erosion. The town that's up to the town official to determine whether the site was um completed in accordance with the plans or not. I mean, look, we appreciate we appreciate you advocating for your client. That's your job.

Um we have to do what is in the best interest of the town. And again, this is a bit of a pattern of, you know, just coming back later and saying, "Yeah, we did that." So, please, thank you. You know, I think we just need to follow the procedure as if um we would for anyone else. So, that's my opinion. Uh having heard from our consultants, anybody have any other comments, questions? Okay. All right. I I can get you a certificate, a gift certificate for Tony's Barberhop. Okay. All right. Well, uh if that's a per affirmative that we can bond or wave the bond, I'm all for it.

I got some buzzers in the car. I could shave it right now. Enticing, right? All right. Well, all right. So, uh, resolution to grant erosion sediment control permit approval, 10 mile river reserve activity barn. Whereas on October 7, 2024, the applicant 10mile River LLC received site plan, special use permit, architecture review board approval to convert an existing barn complex into an activity barn, including outdoor patios, 21 space, gravel parking lot, and an overnight guest unit collectively known as the project identified as 280-290 Sand Hill Road. Tax lot number 7162-00-48775 known as the property. And whereas the property is located in the RU district as well as the flood plane and over aquifer overlay districts. And whereas a recreational business is a permitted use in the RU district subject to site plan and special use permit approval. And whereas condition four of site plan approval requires the applicant to obtain approval of an erosion sediment control permit from the planning board. And whereas the project is the picket on a plan entitled 10mi river preserve activity barn prepared by Renie Engineering design PLC sheets 0 through 5 dated July 17 2024 last revised May 1, 2025 known as the plan set. And whereas on August 26, 2024, the planning board classified the project as an unlisted action under the state environmental quality review act or SECRA declared its intent to serve as lead agency in a coordinator view of the project to which no other agency objected. And whereas on October 7, 2024, the planning board adopted a secret determination for the project a negative declaration. And whereas the applicant has undertaken work contemplated under the erosion control permit but is still required to obtain said permit to legalize the work and to allow the planning board engineer and building inspector to conduct the appropriate inspections. Now therefore be resolved that the

planning board hereby grants the applicant or control permit for disturbance as shown on plan set subject to the following conditions. One, payment of all fees in escrow. Two, submission of $1,500. Two, placed into escrow to cover the cost of site site inspection by the planning board engineer or planner. Three, submission of a performance guarantee in the amount of $15,000 in form, substance, and matter of execution satisfactory to the town attorney. Be further resolved that before uh 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 in the permit has been completed in accordance with approved permit. Uh this resolution be offered by member Williams.

Member Williams, seconded by member Palmer. Discussion. Okay. Uh okay. Seeing no discussion, resolution to grant ocean control per approval 10mi river preserve activity barn. Secretary, please call the role. Uh member Roman. I. Member Williams I. Member Palmer I. Chairman Cortine I resolutions adopted 4 Z with uh two absences one recusal. Uh okay. Um so just follow up with uh Secretary Van Millan for anything else regarding this.

All right. And uh have a good night. Cool. Thank you everyone. Thank you. Thank you. And the performance guarantee can be cash check. It doesn't have to be a bond made up to Victoria. No. No. Which might speed things along. Yeah. Okay. All right. Our next scheduled meeting is October 20th. The deadline for that has passed. It was October 1st. Uh we are going to have uh two applications. One being Wingdale uh solar uh the other being uh the Denoision

subdivision. Yes. Thank you.

Thank you. And uh possibly comments on the um Duchess County Department of Health uh aquifer law that was adopted last year. They're looking for some comments on rules and regulations. My thinking is um myself, Secretary VMillan and the consultants we have our meeting uh you know we have a um a pre-aggenda meeting where we go over the agenda and as always any two me planning war members are welcome to join um and we discuss you know what's going to be coming up on on the agenda. Um so we'll discuss you know whether it's really makes a lot of sense to bring this up at the meeting or not. You know, if it's just one of those things like they require there to be a comment period, but whatever, then I don't think we should waste everybody's time. But if it might be, you know, of utility, then I think 5 10 minutes is not a problem. So, so we'll discuss it.

May I ask the board? Yeah. Uh I've been able to as of this evening uh do the final inspection for Sherman Hills for two of the lots for chapter 65 bond release. Is the Sherman Hill Oh, the two family subdivision. Yeah, there's there's four lots. Yeah, right. Four lots, right? Two are done. Yeah. Is is uh since I'm going to be writing the letter to the board, can that be on the agenda on the 20th for consideration so that they Yeah, that's fine with me. you know. Yeah. It's not the the deadline is for applicants, not for our consult not for our consultants. While we're here, right? For a moment, I'm like I thought you were about to say, "Here's a memo. Can you please do something right now?" I was like, "No, I don't think so." Yeah. I didn't think you were going to that. It just for the 20th. Yeah. Yeah. For the 20th. That's Yeah, that

that allows them to be on the town board at the end of the month and move forward with the project. Fine. Fine with me. Any objection from any members of the planning board? No, we're good. Yeah. Uh just so the board is probably having the same question. Why only two of the four lots? Apparently there are two owners. Yeah, he owns two of the lots. The other owner owns the other two lots. Right. There's two or three owners. I'm not I'm still not sure. Two owners. Okay. The gentleman who owns the two lots is coming in for his two. The other one has not finished his work. So is it or a feces that's done? Yeah. Yeah. Okay. Mike. Yeah. Yeah. Joe, what about the entrance? Entrance is done. Entrance is done. I looked at the entrance. It's fine. I understand the highway superintendent has signed off. I'm verifying that tomorrow.

Okay. I remember there was some sighteline issues. It was I understand. That's why I'm going to check with the highway super tomorrow. Yeah. Oh, good. Okay. Great. I didn't want to bother him tonight. So, I fig I'll check with him in the morning. Awesome. Okay.

Thank you. Uh we uh do not have a meeting first Monday of November. uh as we usually do not have a meeting the first Monday of November because it would be the night before election day and this room is just taken over for election day. So our meeting following uh the October 20th meeting is November 17th. The deadline for that is October 29th. All right. Any further business before the planning board this evening? All right. I'll make a motion to adjurnn. Seconded by second member Palmer. All those in favor of adjournment say I. I. I. We are adjourned.