Planning Board Minutes
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