Planning Board - Regular Meeting

All right, I' like to call this meeting of the um village cold spring planning board to order. Um don't have a super big agenda today. Uh was there something you wanted to add to the agenda? I wanted to add that draft I was working on for this. Yeah, we'll add it to the um maybe at the end to the board board business. Yeah. Okay. Yeah. Uh you want to make a motion? I'd like to make a motion for us to discuss the draft of the site plan application and guidance document. Uh second. All in favor? I All right. Great. Added.

Uh and I think we have minutes from last time. Along these are put them down on the table. You want a copy? You can of the minutes or what's whatever? I don't know what the other thing is. Oh, there's the deed. Oh, is that what it is? Yeah. Yeah. Who is that? Not me.

You were not there. Everybody else was. Oh, actually that means we can't we don't have form to approve. So we'll Sorry. We'll just do it next time. I know you you're great. Too quick. Too quick. And guess what? I'm holding on to mine. You will not have This was for last the last Yeah. Oh my god. Very good. Uh oh. It does say German was seconded by Henry Belman. Oh, I could pass the second Well, there's at least a correction you can make before next time. Okay, I'll give this back to you.

Um, all right. Um, so we uh actually um before we move on to our business with One Depot where we have a referral from the ZBA as uh you guys know anything that goes before the ZBA gets just referred to us for comments. Our comments have no sway in any particular direction. or just uh in case we have uh thoughts or or things we would like to convey to the DBA and their consideration of the of the application. Um in this particular one there's no we basically have all the stuff because the ZBA was referred in the same referral that we were referred in. So you have the referral and um basically the the variance being sought is for this tiny little wedge here at the bottom. That's correct.

Yeah. Uh that is uh at its most protruding spot, seven feet from the rear setback. Uh and the rear setback requirement is 10. So it's probably what like three feet half that. So that like 20 three square feet or something like that. Yeah. Not much. Is the is the where's the fence on the setback?

The fence is actually beyond the setback. So the setback actually the way that it works out on this site plan is that the setback is the existing building is on setback. Our new building is further back on the site than the existing build. Yeah. Um but aligned with the front of the building so that you have that entrance from the sidewalk that's very clear that they're related. Yeah. So, that's how we ended up in that spot. And then we have a little three-foot overlap as a result. Does anyone have any thoughts or comment about the request for variance there?

That seems reason okay to me. Yeah, I I think from my perspective in terms of this the the a reasonable shape for the structure and the imposition there, it feels it's not I think it's like attempting to like claim space that's like somehow unfairly claimed or unreasonably claimed. So, I'm tempted to uh just make a small note of support for So, one other question. Are there utility ease access issues behind the pavilion? Uh, at the moment, that's all vegetation that

Okay, that's what I thought. Okay. This is where that gazebo is. Okay. I hang up on that. Okay. Um, anything else? Um, you know, I let me just ask I think you said that you were going to have the um the outdoor bar, the maybe the the the cement that was going to be extended so it reaches the pavilion, right? Yeah. And that's shown on the site plan. They're just kind of meeting up where right now there's a rock wall. Yeah, but that's on the other side. Well, it's a it's a little bit where the

basically, but you're you're you're saying I think the relevant thing for this is that you're not extending the pavers of the existing patio to further to meet to meet the that's on this sheet. Yeah. Yeah. We're just making sure everything is cohesive with what's there, but we're not really sending anything past where it needs to go.

Um, well, I guess I'll because I I summarized it. I'll make a motion uh to authorize the chair me to relay the board's uh comments of support for uh you know minor encroachment uh and the requested uh variant. I'll second that. All right. All in favor?

I I will send that to the ZBA today for your hearing on the 22nd. Um, all right. Uh, on to our business with One Depot Square. Um, all right. So, I know we we received a number of new documents um updated updated um site plan. So, I believe um some of the stuff we requested

was updated parking, lighting information. uh clearly marked entrances. Uh any updates that have happened since discussion? Um see we highlighted the tree that's going to be removed. Uh, and uh, now I I'm trying to remind you, is there going to be signage on this thing? No. Other than what's required for exit?

Okay. Sure. Sure. Sure. I like advertisement sign like like like a name signage kind of thing.

Okay. Um, so I did reach out to the village engineer to ask about the the tree removal and the drainage just out of curiosity. Uh, and um, uh, the village engineer basically says because the the lot is already kind of it's not as permeable as it would have been if it had been soil. It's, you know, because it's gravel now and because the pavilion is basically entirely over the gravel area that he wasn't too worried about uh new new displacement. Thing he was want he wanted clarity on was uh that area does have I mean it's basically at the bottom of Main Street and and there does tend to be uh some drainage issue there. if uh what the like gutter solution was and whether the runoff that was hitting the gazebo was going to be concentrated anywhere or if it was just going to be allowed to kind of run off the sides.

Does he think it's going to be a problem? He only mostly just concerned if it is if the entirety of the runoff from the structure gets concentrated into a single down spout for example. There'll be two. There'll be two. There'll be two on the on the railroad side on the railroad side. On the back on the back on the basically the back side. Okay.

The gutter of of the um the greenhouse. Uh the gutter is 17 in wide um on all four sides. So to collect and then it has two runoffs on the back side. Two runoffs on the back. Okay. Uh, cool. Great. That's that's super useful. I I'll just check back with him just to to verify. The wor the worst case scenario here is that we might ask to do some mild additional mitigation of where it's draining into. Um, just something to help keep it from like Yeah. Yeah.

hitting the railroad track. Yeah. Yeah. Yeah. Um, but yeah, I'll get back to him on that. Um, do we have any clarity on the right of way parking? No. So, that's something we're still looking into. Okay. All right. Um, we have updated parking on this, right? And we've got three new parking spots. Is that right? Yeah. So, we that area is currently used for parking and was missed on the initial count. So that puts us now slightly over the requirement. Okay. Uh and so there's three there's three there. So

basically we're just we're a question of one. Well, really it's a question of the the street spaces. No, I know. But there's we gain three. We gain we gain three over here, right? And there's I guess there's four on the street. Uh, and how we need 20 currently have 27. Okay. So, we still need the ones on the street. We need clarity on that. Okay.

All right. Um, yeah. I mean, I think um nothing really changes about the path forward. Like, we need clarity on that. I don't think it necessarily prohibits us from scheduling a public hearing or not. Um if for some if it comes back that we don't need it, uh then we'll figure out what to do in that case. If we do need it, then it's the same options I I laid out last time about either seeking uh a variance for parking from the DBA or uh we'll do the referral to the village board uh and they'll do um they'll basically do a parking waiver for the uh I guess in that case it would be the worst case scenario would be you need a waiver for uh three spots And that's because of the spaces on the parallel parking.

Yeah, exactly. Exactly. I think we're we just need clarity on how to count those for the right of way and what I I was curious in doing the parking count. Yeah. Um what goes on with parking spaces on site outside of the setback for example because we have in that staff parking area. Yeah. along the back there is parking is allowed in the clip back if not well outside of the property line rather outside the property line. Yeah, we do. I mean we have that portion of the property that is I I licensed that with the MTA though, so it should be Yeah, have some kind of an agreement um that says you can use it. The village has one on file

for the most recent one. We're working on a new one. Can Can we Can we add that to the documents that are What year did you say that was? Remember the the one that you have is from 2000 and I'm in the process of been working with them for the last two years to get a new one. Okay. Because that would give us I mean five or six additional spots that would just cancel out. I see. I see. So you're not those aren't those have not been counted here because of because they're over the property. We don't want to see but it was I see. So this this this area down here, right? Yes, I gotcha. Okay. So that that all gets used as parking now and has I see. I see. Okay. 30 plus years.

Uh so if they have an agreement, so yeah. So the code says that if you have an agreement for parking um offsite on a different parcel, that can count towards u your off streetet parking requirements. But um for all the spaces that are on the street, I think we still need to confirm status of those and whether those can be counted as off street parking. Right. But if we can add three spaces from that from that group, then I think we actually meet the requirement. Well, I'm not I don't mean just the parallel spaces. I mean all the street spaces. Oh, really? Even the So all of these? Yeah.

Oh, interesting. Do you need documentation on the right of way if you have I mean I don't think we have that but I'm just wondering that's what's causing the issue. Yeah. I mean because it's it's shown as a right of way. So I guess the question is one what is the extent of that right of way because currently anybody can park in those spaces except for those that are reserved for the depot. Um and the question is are those off streetet park spaces didn't code since they are on a street and open for public park. So that has to be confirmed. And you said that the ones that are uh agreed to on another parcel can or can't count toward

they can't count as long as you have something that in writing that says you're you're entitled. How do we figure that out with the with the park with the parking on Depot Square? But but they say it's on street. So that's literally what Jonathan's job is to figure out exactly what the first step is to try to look through whatever documentation we can find that you might have or the village has. Um, if it's still not clear from that, then it could be up to the building inspector to because the building inspector has the authority to interpret the code and uh it could be up to him um to decide whether these spaces are off streetet or anything that you count. Okay.

Yeah. And you know for the just just because we're here we're you know for all all the cases that we see like most most businesses in the village require some kind of variance either variance or or uh the the parking waiver. So like it's not like we're venturing into weird territory here. It's a very common that's that's your worst case is part part of the reason I'm asking is because I I've never seen anything. Yeah. So I' I've been told there was an agreement with the village that Yeah. I've never seen the former owners didn't have

Well, I think hopefully because I think that we have we've been digging we've been digging historical documents up. Hopefully, at least out of this process, you'll get an up- to-date view on on all the things that have been going on with respect to the parcel. Um, but again, I don't I don't think this should slow us down on scheduling a public hearing because are we planning to meet in two weeks? Is everyone we're going to have a quorum in two weeks? We haven't we haven't asked. If we are um I would suggest maybe holding off until then uh just so it's a little bit more clear for the should have some answers by then. Holding sorry holding off on scheduling on scheduling until Okay.

Okay. If we're not going to meet for another month um then you probably could go ahead and schedule for a month. Why should we hear? Uh next meeting is 24th. Yeah. I should I'll be here.

I thought we were a weak offset from the DBA. Are we the same week as the DBA? I think that was us. Oh, I see. All right. Uh, so it's either the 24th or 14th. Yeah, the 14th. I'm around for both. So the 14th might be an issue for I could probably make it but can't guarantee. What about you, Hillary? I should be here. Okay. So it seems like we'll at least be here next time. Uh that's the 24th.

The 24th. Yeah. Yeah. Um uh on the on the renderings that we have, do we have any indication of is there lighting on the structure at all in the new that new rendering that this one? Okay. Gives that gives all the night lighting. Um there's only two separate outdoor fixtures. I see over the over the bushes. Yeah. Yeah. They're um they're all down. Yeah. Yeah. There's only two. Um I have the the specs on on on both those fixtures.

Very nice. Neither one of those fixtures u exceeds 650 lumens. Okay. So, uh and they're all, like I said, they're all down facing. Great. Is there hours of operation for the pavilion in mind? As we were saying, I mean, it's going to be for events, but can't be much. We're not expecting much past 11. So, not not regular food service. Not normally. No. Maybe if it's raining or something, we would do that, but otherwise, no. Oh, okay. Does that change the parking requirements at all?

No, that still falls under. Okay, great. Um, I think that's all the questions I have. Anything from either of you?

Okay. Uh, any questions from I have a a scheduling question. Yeah. If we do get pushed into a variance or parking waiver, um, our zoning board public hearing is on the 22nd. How would that work in terms of getting potentially approved for our variance and then having to return to the zoning board for another variance? Well, you don't have to pursue a variance. Usually it is usually people prefer the waiver because it is typically okay more straightforward than and that's through the planning board.

We make a referral to the village board. The village board decides what to do about it and uh we we basically say hey this has been requested and the village board uh makes a determination and there's um like a fee in in lie of parking kind of kind of situation with it. But um Okay. So the worst case there there would be a fee for the spaces. Yeah. Cool. Yeah. Yeah. Yeah. Uh and that's usually they usually address that you know the next the next village board meeting that they have after we do the referral though.

And there's not like a separate separate application process. No, it's just it's literally just like a letter a letter I send the clerk saying, "Hey, uh there's a we're referring a request for um some number of parking spaces to be excused. Uh and here's our opinion about it, but you don't you can ignore it if you want." Um anything else. Was very thought. Mickey but that's um yeah cold spring we'll go into the wedding in bar mitzvah

why not kind of bring bring the big parties down for a little while and bring love on the train yes absolutely uh great well thank you for uh the updated information and um I'll get uh the information about the drainage over to the village engineer and he didn't seem that worried. So I I don't amount amount of much more than potentially some small requests to make sure it's captured in some way that is not um potentially catastrophically bad.

Uh and we will do our best to run down the uh the the answers about the right of way parking um between now and our next meeting which is 24th. and then we will go ahead and schedule public hearing. Can you just fill me in on the 24th? Yeah, we're meeting for

we're basically going to relay what what we learned uh like in the in the intervening time. So Jonathan's gonna going to give us a detailed report on what we were able to uncover in terms of what the previous agreements have been for the parcel and what the imp what the legal implications are for how we how we should interpret the right of way parking for that for that street. Uh, and I think if if it comes back that it falls to the the uh code enforcement officer, we should try to push that over to him before that meeting as as much as possible.

If if you do you find an agreement, you share that with me? Of course. Yeah. Yeah. Because I' I've honestly been asking for it for a while. I've never been the mayor the mayor said she was she was going to give it to me but I never I can't find it. I think it's been I think it's been a it's been a chore to take it out of the to dig the information out. So I think what happens if there is no agreement? You're just you're trying to interpret the best you can. Yeah. Yeah. Has that ever come up before a private parcel being used in public way? I think uh you've got the only one in the village. Yeah. And it's going to so it's going to come down to someone's decision.

Well, not necessarily. If there's uh if there is some historic agreement that says uh the parking spaces in the right of way shall be made available for public use, um then you probably can't count them as off- streetet parking. Uh if it really says nothing, then it would be up to the the building inspector. He has the the jurisdiction to to make that call. But in the worst case, like I was saying before, in the worst case, let's say they say you can't use any of these parking spaces to count for your parking requirement. Then we just we go the parking waiver route, right?

Or or the ZBA. Uh I think it's personal suspect that's the harder route, but uh the parking waiver route and uh it is what it Yeah. It's a It's a little little difficult to comprehend because I I do own that property. So, it's I understand there's no answers right now. It's just Yeah. Yeah. It's uh kind of difficult to process that.

I think it's it's primar it's it's like you own the property, but it's like uh I would guess it's probably similar to like an easement where it's like, well, you own the property, but the the lot the parcel itself has an easement against it. So you might have restrictions on use of a part of it or that you require to give your neighbor access to their property through your property. So there's like it's I think that's that would be the dynamic that's there. I gota Yeah. Yeah. Okay. I understand it's you know it's uh it's always it's always weird trying to navigate uh what the what what the rights are of the public with respect to your private Yeah.

with your private property. So um but I think like nothing here is aside from the fact of the ambiguity all the paths forward are normal paths that that that business owners across the village encounter every year. So um nothing here that's out of the ordinary. Uh yeah I think that's it. Uh so what do you need from us? Well, um, if you, it sounds like you guys haven't been able to find anything, but if you are able to find any documentation concerning the right of way, uh, definitely send that to us.

Yeah. Well, I know that well, from my understanding from Greg was that there was an agreement that the village had made with the previous owner. So it would be the villages responsibility I would think to figure out what the well I mean it's it's your application but the the village is looking through their documents too to try to bring some clarity.

Thank you guys. Thank you. Thank you. All right. Next. Uh, you have Yeah. Thank you. Even if I'm in my car. I just I did pull over first. Yeah. I found out uh what, two weeks ago. I didn't realize that New York had the like can't touch your phone in your car even if it's parked law.

Oh yeah. Apparently you can get arrested. I got I got a ticket um that I thought because um uh I had my phoneex moved and I moved it back and the one saw you do it in um Bishkville and they he gave me he g a ticket for um handling my phone. Yeah. And I went back and and read the law to the prosecutor and said, "Uh, you cannot use I wasn't using my Yeah. So, you can have it in your hand supposedly, right? But if you're not using it, actually was." Yeah. Nice. Good for you.

Good to know. Makes me too. Yeah. They learn something every day. They just passed some new no touch law. It's probably I didn't but yeah. Yeah. It's probably they don't they don't they can't arrest you for it. But and also by the way don't run the red light uh a oneway Oh, I signal at the tunnel because you're being reported literally. No, there was a cop uh that there was a pickup truck that got annoyed at the we were going north and so there were a bunch and the people going south there weren't many.

So this pickup truck got annoyed and having to wait for multiple cycles. So it turned red and he gunned it and then boom, lights went on. car. The cop was hanging out at the chalet just waiting for somebody to run it. So yeah, that's there's some risk there. That's not It's probably also a work zone. It's a running a red in a work zone probably. So it is annoying. The cars in front of you, especially going north to Beacon, they're like old little ladies from past when they do not move. Yeah. And that's when I say, "Oh, it's turning yellow." And then I go, "Yeah."

All right, let's try to power through this this last little bit. Got it. Got it around. All right. So, you incorporated the changes from last time. I did. I thought we could, if we want to, we can at least take a look at it. We don't I don't think I think if we feel good about it, we should just go ahead and adopt it. Let's maybe give it a quick read. And what did you change last time? So on the first the first page I added the DEC, the Department of Environmental Conservation. Okay.

And that co corresponded with uh the EAF, pardon me, on the last page. Okay. And I think Jonathan had suggested crossing off a whole bunch of stuff. Uh that was the last part of the general steps and guidelines. Okay.

Uh right above um approval. We had added something the week before. Couple of lines. He felt it was redundant. Just crossed it off. And there was one other thing where I put agenda. Instead of saying the next available um planning board meeting, it's the next time you're on the agenda somewhere. I put that. Okay.

Okay. A representative should attend the next planning board meeting to discuss the project on the agenda and that's midway after pardon me general steps and guideline the posting in the the newspaper that still has the closing for the ad Friday morning. Good. Thank you very much. Once we feel this this is okay, what do we put it online?

Yeah, I mean I think uh Abigail and the kind of in I guess you'll just include it with uh any any people who are seeking application for

Yeah. That is just a I think Jonathan made I think one of them went the escro acknowledgement. Yeah. I said the mailing that I think it's like an affidavit of mailing or affidavit.

Okay, hang on a second. Okay, so that's the very last thought. I thought that's what we crossed out. Approval of the resol is at where no part at one point. So right above materials and and applicant to present the planning board. I should add that there. I just put all required fees. So I should say but but I said escro consultant fees included but not limited to escro consultant fees. Yeah, that's perfect.

Do you want when they post for the public hearing where they put the sign? Oh, okay. Yeah. Maybe put that up in the paragraph with the with the public post with the public posting to the PCNR. Yeah. Right. After certified letter. Yeah. Just so they don't um even as a reminder affidavit of I think it's is it signed or mailing? It might be. I don't know off the top of my head. I would think it's mail. Mailing. Okay, that sounds right. We'll look that up.

Yeah. Oh, thank you. Thank you.

Right. Um, great. I mean, it looks good to me except for that. So, I think uh just prove it next time. Okay, it's easy. Yeah, easy, right? Uh, anyone want to make a motion to adjurnure? I make a motion to adjurnn. Second. All in favor? I I