Town of Kinderhook

Planning Board Meeting

3211 Church Street

Valatie, NY 12184

July 14, 2016

Approved 7/21/16

Minutes

The Town of Kinderhook Planning Board met on Thursday, July 14, 2016, at 7:00pm at the Kinderhook Town Hall, 3211 Church Street, Valatie, NY. The Chairman called the meeting to order and the secretary called the roll.

A. Roll Call

Present: Excused:

Peter Haemmerlein, Chairman Dan Weiller

Patrick Prendergast, Engineer (arrived at 8:07) Dale Berlin

Andy Howard, Town Attorney

Jake Samascott, Ag Member

Jason Graham

Guy Rivenburgh

Chris Simonsen

Jonathan Cavagnaro, Alternate

Patrick Ball, Alternate

Mark Browne, Alternate

Nataly Dee, Secretary Absent:

None

B. Correspondence

1. Review of Minutes:

June 16, 2016 – Meeting

Minor corrections were noted.

C. Public Hearings

1. 7:05pm on Thursday, July 21, 2016 - JCS Prosperity (formerly Diekelmann’s Lumber), 3429 US Rte 9, (Tax Map ID: 22.-1-3.120) – Minor Subdivision;

Mr. VanAlstyne addressed the board. He reported that there has been nothing new from DOT and no changes have been proposed to the site plan and subdivision. Additionally, he noted that there has been no contact or offer from EA Morse. Mr. Howard suggested the public hearing could be held open pending DOT approval.

2. 7:15pm on Thursday, July 21, 2016 - Thomas Tuttle, 11 Featherbed Lane, Tax Map Id# 54.-2- 24.100 – Minor Subdivision and Lot Line Adjustment;

Mr. VanAlstyne addressed the board and distributed plans for review, noting a minor change to a lot line along Featherbed Road. The easement granted to the town would also be granted to the large 42 acre parcel to the south to grant access. The 18-acre parcel to the north will be merged with another 60 acre parcel. The proposed revisions were compared to previous submissions. Discussion ensued and clarification of the access was reviewed. It was noted that the wetlands are Army Corps, not DEC.

D. Old Business

1. Emerson Morse, 3429 US Rte 9, Site Plan Review for EA Morse cleaning and janitorial supplies;

No one was in attendance to represent this proposal.

E. New Business

1. Mesonet Weather Station at Samascott Orchards (Tax Map ID # 43.-1-15) – Special Use Permit

Ms. Krissy Donahue, representing Pyramid Network Services, which is the general contractor for the New York State Mesonet Weather Station Project, addressed the board, explained the proposal and distributed plans. She stated that they are proposing to install a weather station on the Samascott property. The tower would be located to the north west of Best and Wilkins Road. The proposed compound for the tower would be 33’x33’that would house a 33’ tall tower. The tower is 18” triangular faces, which fold down through the gate to the tower. Inside the compound there will also be a solar cabinet with 4 solar panels on it, which would power the entire system. Additionally, there will be a rain gauge, a soil sensor and some equipment on the tower. The tower can only be used for the intended purpose and cannot be retrofitted. The tower folds down for maintenance and would not need to be climbed at any time. There is a lightning rod at the top of the tower which extends the height to about 36’. Data is reported back to SUNY Albany. All the information is accessible to the public. The website was distributed. NYSmesonet.org. Solar power is backed-up by lithium batteries in the event of malfunction or outage. The batteries can be replaced if necessary. Ms. Donohue noted the project is funded by FEMA, and that an agricultural study was required. The board requested the results of the archaeological study be submitted. The engineer will have to review. Lease agreement, application and SEQR were submitted. Mr. Samascott granted permission to represent and will recuse himself at the voting meeting. The project is under a deadline of September 1st, 2016. The matter can be scheduled for a public hearing at next week’s meeting.

2. Mike Wemitt, 324 Hennett Rd, Kinderhook – Accessory Apartment

Mr. Haemmerlein provided the board with a bit of background information regarding this issue. During a routine inspection for solar panel installation, the Building Department issued a violation an accessory apartment. It was the opinion of council that this matter falls under the changes made to accessory apartments in the code under the local law passed in 2014. Mr. Howard asked Mr. Wemitt how long the apartment had been on the property. Mr. Wemitt replied that the garage was built about 26 years ago and the apartment went if several years after that and it took some time to complete. Mr. Howard reviewed Section 250-30 for the board, which notes that existing apartments shall be exempt from the permitting process. He noted the changes that were made to the code: accessory apartments no longer need to be attached to the primary residence and are not require solely for the use of a family member or an employee of the town. In this instance, it is a prior non-conforming accessory apartment, which is now conforming under the current code. Mr. Howard’s recommendation would be to deem it an exempt existing apartment which meets the requirements of the code; and that the board issues a special use permit for the use. Mr. Rivenburgh asked if the apartment meets all the other criteria according to the code, in regard to septic, setbacks, building standards, etc. Mr. Howard can confirm this inquiry with the CEO. The violation was not for condition, rather use. The building inspector was being prudent in bringing the matter to light and will benefit the property owner in the future if they every try to sell the property. Mr. Wemitt needs to submit an application along with a site/survey plan to accompany the permit for the file.

3. Carovail – Site Plan Amendment

Mr. Nelson addressed the board and explained that they would like to build an 8’ forklift alley along the roadside of the property in order to more safely transport materials from one building to another. It would eliminate the need to take vehicles on the road. The proposed location was shown on the plan; the location is between the green space and the building. The plans were reviewed and discussion ensued regarding greenspace requirements. The length of the alley would be approximately 65’. The alley would be blacktopped. The question of whether lines would be striped on the blacktop was broached. Mr. Howard noted that there is a provision in the code regarding minor modifications with a $25 fee associated. The board can decide to waive a public hearing. The changes should be reflected on updated plans and submitted for the file. Mr. Haemmerlein read Section 250-50-10 (B) of the code which addresses modification to approved site plans. It is the discretion of the board to determine whether the proposed modification is in keeping with the intent of the originally approved plans. The board was of the mind that it is a safety issue and is a prudent modification. Mr. Simonsen inquired if any additional amendments were foreseen at this time. The applicant responded that there were not. Additional discussion of lot size and green space ensued. An application is required, and $25 fee, and revised site plan; a public hearing is not required.

4. Judith & Gale Bury, 3508 Cty Rte 21 (32.00-1-8.11) & Laurie Hoffman, 26 Dahlgren Rd (32.00-1-8.2). Mr. VanAlstyne addressed the board. He explained that there is a minor subdivision in front of the Town of Stuyvesant Planning Board for lot line adjustment. The proposal would deed a small portion of land from Bury to Hoffman to increase the size of the Hoffman’s property. The property is mostly in Stuyvesant, with only .5 acre in the Town of Kinderhook. Mr. VanAlstyne is seeking the Town of Kinderhook approval for this action. The Planning Board can supply a letter of approval for the Town of Stuyvesant as lead agency.

F. ZBA Opinions

None

G. Liaisons

1. Village Planning Boards - Mr. Browne reported on the Village of Kinderhook. He noted that Comprehensive Plan review continues. They are going to defer to the Town regarding solar panels.

2. Town Board – Mr. Howard noted that there will be a public hearing on August 8, 2016, at 7:00pm, on a three month moratorium on solar forms pending further review of the matter. The Codes Committee will meet to review legislation.

Mr. Simonsen and Mr. Rivenburgh reported on the recent solar panel training. Mr. Simonsen stated that it was an interesting training and that the town is being proactive in this matter. The website nysun.gov was noted as a resource for existing legislation. Permitting processes and usage will be considered as part of the review.

H. Other

1. Public Comment

Mr. Browne broached OSHA laws, protocol and oversight regarding pedestrians using the proposed forklift alley. While this board does not have oversight over the matter, it was suggested that the matter be raised to the applicant at the meeting next week.

Mr. Rivenburgh made a motion to adjourn. Mr. Graham seconded the motion. All in favor. Motion carried; meeting adjourned at 8:19pm.

Respectfully submitted,

Nataly Dee, Secretary

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