VILLAGE OF RED HOOK PLANNING BOARD MEETING DECEMBER 18, 2008* *Rescheduled from December 11, 2008 due to inclement weather.

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1 VILLAGE OF RED HOOK PLANNING BOARD MEETING DECEMBER 18, 2008* *Rescheduled from December 11, 2008 due to inclement weather. Present: Dan Wheeler, Chairman; Gerald Jameison, Co-chairman; Member Everett Pearsall Pearsall; Member Paul Fredricks; Member Evelyn Krueger; Trustee Jay Trapp; CEO/ZEO Sam Harkins Absent: None Chairman Wheeler called the meeting to order at 7:30 PM. Chairman Wheeler then moved that the minutes of the November 13, 2008 be accepted as written. Member Pearsall seconds this motion and the vote is: Chairman Wheeler - Aye; Co-chairman Jameison - Aye; Member Evelyn Krueger - Aye; Member Pearsall - Aye; Member Fredricks - Aye. THE MINUTES OF THE NOVEMBER 13, 2008 PLANNING BOARD MEETING ARE ACCEPTED AS WRITTEN. Applicant #1 Nestor Tello 19 West Market Sign Proposal Tax Grid # Mr. Tello presents a sign 5' x 2', to hang on an existing bracket and lit with existing lights, hours of operations to be from 10:00 AM to 9:00 PM, made of aluminum. Chairman Wheeler moves

2 Village of Red Hook Planning Board Meeting December 18, 2008 Page 2 to accept the sign as depicted. Co-chairman Jameison seconds this motion and the vote is: Chairman Wheeler - Aye; Co-chairman Jameison - Aye; Member Krueger; - Aye; Everett Pearsall - Aye; Member Fredricks - Aye. THE SIGN FOR THE RESTAURANT LOCATED AT 19 WEST MARKET STREET IS ACCEPTED AS DEPICTED. Chairman Wheeler recuses himself and leaves the chair as he is employed by the applicant. Applicant #2 Marie Welch, Agent for Michael Lueck 23 East Market Street Restaurant Site Plan Tax Grid # Marie Welch states that there are 176 and additional seating on an outdoor deck. The food served will be pub and family fare. Garbage disposal will be in a dumpster in the rear and there will be no additional lighting. Co-chairman Jameison requests that the Village Engineer & Attorney review the project and have Mr. Lueck establish a $ Escrow Account. Mr. Jameison also wants a letter of agreement regarding the use of the parking lot. Co-chairman Jameison also reads the Lueck letter giving Marie Welch Agency for this project. Marie states the only issue for the Planning Board is the Site Plan. Mr. Jameison then reads the letters from Attorney Klose and Engineer Cummings into the minutes. Copies of the deed for the right of way are also entered into the record. Co-chairman Jameison moves that this project be tabled to January 8, 2009 at 7:00 PM for a Public Hearing. Member Pearsall seconds this motion and the vote is: Cochairman Jameison - Aye; Member Krueger - Aye; Member Pearsall - Aye; Member Fredricks - Aye. Attorney Peter Klose submits a letter from Christopher C. Fried regarding parking in the CVS lot and space for a sanitary system (attached). Co-Chairman Jameison move to table this agenda item to the January 8, 2009 Planning Board Regular meeting. Member Pearsall seconds this motion and the vote is: Co-chairman Jameison - Aye; Member Krueger - Aye; Member Pearsall - Aye; Member Fredricks - Aye. THE SITE PLAN FOR A RESTAURANT TO BE LOCATED AT 23 MARKET STREET IS TABLED TO JANUARY 8, 2009 (PUBLIC HEARING 7:00 PM) AND THE REGULAR MEETING AGENDA. Chairman Wheeler resumes the chair Applicant #3 Keith Lore Anderson Commons Conditional Review Baxter Road & Fisk Street Tax Grids /

3 Village of Red Hook Planning Board Meeting 12/18/2008 Page 3 Peter Setaro of Morris Associates, representing Anderson Commons, states all approvals have been given for this project and presents the new landscaping and lighting map. He also presents the phasing maps, beginning with the seven single homes. The Town has approved a bond for 800 feet of Glenn Ridge. Mr. Setaro states the landscaping trees along Cohens Way will go in as the road is built. Trees will go inside the commons before the last course of asphalt is poured. Mr Setaro submits the phasing resolution for their acceptance or referral. The Board agrees that no one else needs to review it. Chairman Wheeler moves to accept the phasing resolution with a few stipulations. Member Pearsall seconds this motion and the vote is: Chairman Wheeler - Aye; Co-chairman Jameison - Aye; Member Krueger - Aye; Member Pearsall - Aye; Member Fredricks - Aye. THE PHASING RESOLUTION FOR ANDERSON COMMONS IS PASSED UNANIMOUSLY WITH STIPULATIONS. Applicant #4 St. Pauls Lutheran Church South Broadway Five Lot Subdivision Marie Welch, Agent Tax Grid # Chairman Wheeler moves to modify the Five Lot Subdivision resolution to final approval pending BOH approval on all 5 Lots. Co-chairman Jameison seconds this motion and the vote is Chairman Wheeler - Aye; Co-chairman Jameison - Aye; Member Krueger - Aye; Member Pearsall -Aye; Member Fredricks - Aye. THE ST. PAULS LUTHERAN CHURCH FINAL IS NOW PENDING ON ALL FIVE LOTS RECEIVING BOH APPROVAL. Applicant #5 St Pauls Lutheran Church as listed above. Demolition Permit Attorney Kevin Wade, representing the Lutheran Church, notes the letter from Cemetery Services encouraging the removal of the shed & garage. CEO/ZEO Harkins states that there must be a site plan submitted to the Planning Board and a public hearing at the Board s discretion for any demolition plan. Mr. Wade asks if and archeological dig would be required for the shed & garage, and if so, should they do the house at the same time? Chairman Wheeler states that the house is separate from the garage & shed but may as well do them all at once. Attorney Rodenhausen notes that NYS may send a representative to observe. Chairman Wheeler suggests the church may wish to table this discussion to the January 8, 2009 Planning Board Meeting

4 Village of Red Hook Planning Board Meeting 12/18/2008 Page 4 The Church representatives agree and it is so ordered. THE DEMOLITION PERMIT APPLICATION FOR ST. PAUL S LUTHERAN CHURCH IS POSTPONED TO THE JANUARY 8, 2009 PLANNING BOARD MEETING. Applicant #6 Peter & Barbara Schatz 20 Linden Avenue Special Permit/Site Plan Accessory Two Car Garage with Accessory Apartment on the Second Floor Tax Grid # Chairman Wheeler and the Board review Part 1 of the Long Form EAF (attached) and Chairman Wheeler reviews Part 2 of the Long Form EAF (attached) point by point. Only question #11 (aesthetics) poses a small to moderate impact. Chairman Wheeler moves to award this project a Negative Declaration. Co-chairman Jameison seconds this motion and the vote is: Chairman Wheeler - Aye; Member Krueger; Member Pearsall - Aye; Member Fredricks - Aye. THE SCHATZ APPLICATION IS AWARDED A NEGATIVE DECLARATION, TAX GRID # Member Pearsall and Member Krueger are concerned about the possible conflict with Section of the Code of the Village of Red Hook (Apartments). Member Fredricks is satisfied with the decision. Co-chairman Jameison reads the letter from Village Attorney Kelly Flood-Myers into the record (attached). CEO/ZEO Harkins notes that 7' - 71/2' is the minimum for habitable space. Mr. Schatz asks if garages with offices are permitted. He is told that Home Occupations are permitted anywhere in the Village under strict rules. Member Pearsall wants an attorney interpretation of the interrelationship of sections and C-13 of the Code of the Village of Red Hook. Co-chairman Jameison will draft a letter to Attorney George Rodenhausen requesting this interpretation. Member Krueger requests a more detailed site plan. Chairman Wheeler moves to table this item to the January 8, 2009 meeting. Member Pearsall seconds this motion and the vote is: Chairman Wheeler - Aye; Co-chairman Jameison - Aye; Member Krueger - Aye; Member Pearsall - Aye; Member Fredricks - Aye. THE SCHATZ APPLICATION IS TABLED TO THE JANUARY 8, 2009 PLANNING BOARD MEETING - TAX GRID # Applicant #7 Janice Helsley Community Action Agency Sign Proposal East Market Street Tax Grid #

5 Village of Red Hook Planning Board Meeting 12/18/2008 Page 5 Chairman Wheeler announces that the Community Action Agency is permanently removed from the agenda. Applicant #8 & #9 Mark Graminski, Agent #8 Staff Two Lot Subdivision 7567 North Broadway Tax Grid # #9 Renovation of an Equipment Company 7536 N. Broadway Tax Grid # These Projects are tabled to the January 8, 2009 at the applicants request Applicant #10 Angela J. Lore 17 St John Street Office Site Plan Tax Grid # Ms. Lore explains she would like to convert a residence to an office with both floors of the building being utilized.. The Dutchess County Planning Referral is read into the record (attached). It suggests a change in the parking plan for a safer flow. Ms. Lore accepts these changes. CEO/ZEO Harkins will inspect the property to bring it up to ADA Code. Chairman Wheeler reviews the Short Form EAF and no problems are found. Chairman Wheeler moves to award this project a Negative Declaration. Member Pearsall seconds this motion and the vote is: Chairman Wheeler - Aye; Co-chairman Jameison; Member Krueger - Aye; Member Fredricks - Aye; Member Pearsall - Aye. The sign is discussed but there is no placement of it on the Map. Chairman Wheeler moves to approve this project conditionally with the stipulations that the revised parking plan and the sign are placed on the map. Member Pearsall seconds this motion and the vote is: Chairman Wheeler - Aye; Co-chairman Jameison - Aye; Member Krueger - Aye; Member Pearsall - Aye; Member Fredricks - Aye. THE ANGELA LORE OFFICE SITE PLAN FOR 17 ST. JOHN STREET IS APPROVED CONDITIONALLY - TAX GRID # Member Krueger moves to adjourn the Village Planning Board at 10:PM. Member Fredricks seconds this motion and the vote is: Chairman Wheeler - Aye; Co-chairman Jameison - Aye; Member Krueger - Aye; Member Pearsall - Aye; Member Fredricks - Aye. THE VILLAGE OF RED HOOK PLANNING BOARD MEETING, DECEMBER 15, 2008, IS ADJOURNED AT 10:00 PM. Respectfully submitted, Village of Red Hook, Susan P. Nandor, Secretary Planning & Zoning

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