Planning Board Minutes

Meeting date: 
Thursday, July 18, 2019

 

                                                          July 18, 2019

 

                                                         

Administrative:

        

          Chairman Hans Klingzahn opens the meeting at 7:00 pm.

 

Roll call: Present: Hans Klingzahn, Cris Phillips, Reylene VanGeldern, Suzanne Speziale and Matt Vetare. Absent: Theresa Cuchelo and  Stephen Brown. Also present: Tom VanTine, Code

Enforcement Officer and Building Inspector, Sarah Brown, Village Planner, Larry Paggi,

Village Engineer, Victoria Polodoro, Planning Board Attorney and DonVan Nostrand, Planning Board Secretary.

 

Chairman Klingzahn welcomes Matt Vetare back to the board and entertains a motion to accept the minutes for the meeting held on June 20, 2019.  So moved, Cris Phillips, Motion seconded by Reylene Van Geldern. Discussion none, All in favor. Aye. Motion carried.                        

 

Public Hearing:

 

           1. Burger King                   - 730 Route 9                       - Site Plan Application, 

                                                                                                          Special Use Permit

 

                 Applicant:                      - Steve Wilson                      - Project Engineer

                                                                                                          Bohler Engineering

                                                                                                          17 Computer Drive

                                                                                                          Albany, NY 12205

 

                                                         - Steve Markim                      Carol’s Corp                                   

                 

             Chairman Klingzahn announces that the first item on the agenda is a continuation of the

             public hearing on Burger King and asks if there is anyone in the audience who would like

             to speak at this time. Steve Wilson representing Burger said he would like to clarify some things

             and comments that were brought up in previous hearings. Comments about the owner not

             being responsive and issues with the owner do not apply since Carol’s Corp  bought the property

             in 2017 and they are the largest Burger King franchisee owner in the country. They provide a

             quality site and building and recognize the value in providing a clean organized site which is

             important to customer experience. These are not owners of old and will be good corporate

             neighbors. He addressed the noise from the speaker system on the site and what is being done to

             contain it. He also addressed the fencing issues and said a board on board fence would be

             installed along the property line and maintain vegetation cover. Drainage and storm water was

             addressed and the plans are to minimize it. Green space on the site is going from 23 percent to

             almost 40 percent. A brand new storm water management system will be installed with a

             hydro dynamic separator to collect all the storm water runoff on the site. The property will

             be re-graded so that the building will be flood proofed. New property lighting will be installed

 

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             so that there is no spillage off the property line. This will be a big improvement to the site.

             Also, a power discharge stack will be moved at least thirty feet away from the residents

             towards Route 9. Also, a power exhaust will be added which will force the exhaust to

             disburse at a higher level and a catalytic converter will be installed to will help clean up

             the air. These were some of the key issues raised in the past couple of meetings and I

             wanted to clarify what we were trying to do to mitigate some of those key concerns.

 

             Sarah Brown, Village Planner covered her comment letter (on file) on the project.

 

             The board discussed the fencing (board on board) and the location of the tree planting along

             the fencing. It was established that the fencing would be two feet from the property line and

             that the applicant would be responsible for the plantings along the fence and a maintenance

             schedule would be established.

 

              Sarah Brown read the Dutchess County response letter referral letter (on file) on the project.

 

             Chairman Klingzahn stated that he thought the board had covered the items identified in

             the letter and the board and consultants agreed except for additional shade trees on the

             street line and parking area as suggested.

 

             After a discussion on the power lines overhead and the safety issues getting on and off the

             property the board and consultants felt that the proposed tree plantings were sufficient.

 

             Larry Paggi, Village Engineer covered his comment letter (on file) on the project. A discussion

             was held on flood plain proofing on the property.

 

             Victoria Polidoro, Planning Board Attorney explained that procedurally that the only

             outstanding item on the check list was the 239 referral letter which was in our thirty day

             period but we did get setbacks tonight. She said it would be better to keep the public

             hearing open for another meeting.

 

             Chairman Klingzahn asked if there were any questions or comments from the public and

             there were none. He stated that the public hearing would be continued on August 15th

             and submission date for updates for that hearing would be August 1st.

 

Review:

 

        1. Sunoco                                - 2 Elm Street                                 - Sign Permit Application

            Applicant:                          - Ziedan Nesheiwat                       - Business Owner

                                                                                                                  785 Broadway, Kingston NY      

 

            Chairman Klingzahn announced the application was before the board last month and

            the board approved all but one free standing sign and we needed further  information.

 

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            Zeidan Nesheiwat owner of the gas station at 2 Elm Street presented the updated sign

            with color samples.

 

           Tom VanTine, Building Inspector and Code Enforcement Officer informed the board

            that he spoke to the applicant and who agreed to remove the Official Fuel NasCar sign.

            Everything else is basically a replacement sign of what is already there therefore the

            sign now complies.

 

            Chairman Klingzahn asked about the height of the signage and was told it would remain

            the same as the existing sign.

 

            Chairman Klingzahn entertains a motion.

 

            Cris Phillips moves to approve the signage for Gasland Petroleum at 2 Elm Street

            according to the application for a freestanding sign. Motion seconded by Reylene

            VanGeldern. Discussion none. All in favor. Aye. Motion carried.

 

 

     

       2. Montfort Brothers            - 44 Elm Street                                - Sign Permit Application

           Applicant:                          - Ken Stenger                                  - Attorney

                                                                                                                    Stenger, Roberts, Davis,

                                                                                                                    Diamond, LLP

           

            Attorney Ken Stenger representing Montfort Brothers came before the board for

            signage approval.

 

            Tom VanTine, Building Inspector and Code Enforcement Officer informed the board

            that the signage before the board is replacing the signage that was damaged by a storm

            a year ago. The sign is the same exact size and everything is same except the content is a

            little different.

 

            Chairman Klingzahn entertains a motion.

 

             Suzanne Speziale moves to approve the signage for 44 Elm Street as per the application.

             Motion seconded by Cris Phillips. Discussion none. All in Favor. Aye. Motion carried.

 

         3. Methodist Church                 - 38,40,42 Broad Street                 - Amended Certificate of

                                                                                                                        Appropriateness

         

             Application rescheduled.

 

        

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         4. Nazarene Church                    - 953-961 Main Street                   - Site Plan Review

             Applicant:                                - Dr Ron Pankey                            - Pastor of Fishkill Church

                                                                                                                           of the Nazarene

 

            Dr Paskey informed the board that they were in the process for three and half years and

            he is excited to bring before the board tonight the plans for building 110 senior living

            apartments on the acreage that the church has owned for the past sixty years.

 

             Architect William Brothers presented an overview of the proposed construction site.

             (Plans on file).

 

             Civil Engineer/Planner Joseph Modafferi informed the board that he would be working

             with the Village on rezoning and working with the board on this project. He presented

             the plans and showed that the parcel was roughly 7.35 acres and is divided between the

             Village and the Town.

 

             Attorney Neil J. Alexander, Cuddy & Feder covered the legal aspects which would

              be required in the codes for permits in the Village and Town.

 

             Attorney Victoria Polidoro informed the board that a co-ordinated SEQR review would

             be required since there are many different boards involved in both the Village and Town.

 

             Victoria Polidoro suggested that once a completed application is submitted to the Village

              Planning Board and the Planning Board Secretary receives it then the completed

              application can be circulated for the Planning board to act as lead agency.

 

              So moved, Cris Phillips. Motion seconded by Suzanne Speziale. All in favor. Aye.

              Motion carried.         

 

    

 

            Close Meeting:         

        Motion by: Reylene VanGeldern     

        Seconded by: Suzanne Speziali

        Votes For: 5 Votes against: 0

        Motion carried. Meeting adjourned.          

            

 

       Respectfully submitted:

       Don Van Nostrand

       Planning Board Secretary