JUST
IN...
CONSERVATION ADVISORY COUNCIL (CAC) MEETING REPORT
AUGUST 21, 2008
1. The communications portion of the meeting included a discussion of the Public Hearing on the proposed water protection zoning amendment that occurred on August 12. Several CAC members attended the Hearing. Public response to the proposed amendment seemed to be generally favorable. An additional Hearing and meeting with Town boards on the amendment will be held on September 4 at 7:00 PM.
2. CAC members’ terms will change from one year to two years beginning in 2009.
3. A CAC member has been working on a new Web page that will be linked to the town's Web Site. The CAC Web page will contain meeting minutes, members’ names, event listings, conservation information, and other items.
4. An education/outreach program for children entitled “Birds and Bugs – Oh My” is being proposed for Fall at the Clinton Community Library. The tentative date is October 4. The event will be similar to one held last year.
5. Members discussed additional outreach activities in conjunction with the Town, such as organizing a battery recycling program. A few members are exploring different possibilities for outreach.
6. Chairperson Norene Coller presented the rough draft of a chapter on natural resources that will become part of Clinton's new Comprehensive Plan. She requested that all members review the chapter and give comments to her.
7. The second of three events celebrating Clinton's farms and open space will be held on September 20. The final event will be held on October 11.
submitted by Laura Austrian
REPORT ON SPECIAL MEETING OF THE TOWN BOARD
AUGUST 12th, 2008
This special meeting of the Town Board was for a Public Hearing on proposed Local Law No. 2 of 2008, amending the Town's Zoning Law concerning Freshwater Wetlands, Watercourses, Lakes, Ponds, and Floodplains. Attendance at the Hearing was high, with 60-75 people filling the room.
Thirteen Clinton community members spoke during the meeting. Seven spoke in support of the measure, two spoke against it, and four raised technical questions. Those that spoke against it questioned the validity of the scientific claims underpinning the measure, were concerned with the cost of enacting and enforcing it, and were concerned that the map that documented wetlands had only become publicly available that day. A suggestion was made that the law be reviewed by "outside" third-party experts.
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Town Board
September 4
7 PM
Special Meeting of Town Board, Planning Board, CAC, Zoning Administrator, and Town Attorney to address questions concerning the proposed Water Amendment
September 9
7 PM Regular Meeting location of this meeting is in the Town Court
Meetings are televised on Cablevision Ch 22 live and are rebroadcast at intervals throughout the week.
Meets second Tuesday at 7 PM
Planning Board
September 2
September 16
Meets first and third Tuesday
Zoning Board of Appeals
September 25
Meets fourth Thursday
Comprehensive Plan Review Committee
September 8
September 23
Meets second Monday
and fourth Tuesday at 7 PM
Scenic and Historic Roads Committee
September 15
Meets third Monday
Conservation Advisory Committee
September 18
Meets third Thursday
Clinton United
Steering Committee
Meets every other month
the next meeting will be in October
at 10 AM
call 266-4600 for location
All meetings are held at 7:30 PM at Town Hall
unless otherwise note |
Those who spoke in favor of the measure noted that the measure is not a ban, but rather a permit system, which will allow for flexibility where needed. They noted that water is Clinton's most precious resource, and that Clinton's water has the highest quality in Dutchess County. They noted that what each community member did or didn't do with respect to protecting water resources affects all of us. Two scientists who are also Clinton community members stated that there is a vast body of scientific literature, from peer reviewed journals, that supports the science underpinning the measure. Technical questions pertained to whether the law would retroactively affect recent building and zoning permits and variances, and a concern about the lack of specificity and definition in the measure. Questions were also raised about the impact on watercourses from sanding and salting roads and driveways, as well as the clearing and spraying that is normally conducted along power line rights-of-way.
The Planning Board has requested a special meeting with the Town Board and Town attorney to discuss their concerns regarding the law, which are mostly administrative in nature. Their request will be honored.
submitted by Blanche Rubin and Bronwyn Bevan
TOWN BOARD MEETING REPORT
AUGUST 12TH, 2008
COMMUNICATIONS AND REPORTS
-- All new AED equipment has been installed and at least one member of every Town board and committee has been trained in its use.
-- Town employees brought to the Supervisor's attention an error in the ways in which full-time employees' retirement calculations were being made. This has been corrected.
-- The Primary Election is scheduled for Tuesday, September 9th. Since the Town Board meeting is also scheduled for that night, and the usual meeting space will be in use for the election, the meeting will be held in the Town courtroom.
-- A request has been made for commuters to use the Town Hall parking lot as a commuter parking lot to facilitate car pooling. The Board thinks this might be a good idea and is investigating any
liability issues, which might require posting a sign about parking at your own risk, or some other measure.
-- All property values are scheduled to be reviewed in 2009, the first review since 2002.
-- Solar panels had been installed on the town garage.
OLD BUSINESS
1. Discussion and approval of the new Water Law will be postponed until after the special meeting to be held with the Planning Board in September. Frank Venezia recommended that a representative from the CAC be invited to attend the meeting.
2. The Town Board has recommended that the developers of the Talleur Lane subdivision explore other alternatives to a water treatment facility.
NEW BUSINESS
1. The creation of a position for an AED Coordinator was approved, with Carol-Jean Mackin approved as the new Coordinator.
2. The CAC requested an increase in members' terms of service to two year staggered terms, which is in keeping with the term lengths in other towns. This was approved.
3-12. All other items under New Business were approved.
PUBLIC DISCUSSION
Several supporters and opponents of the new proposed electrician licensing law spoke.
An update on the tree grinding operation on Horseshoe Lane was discussed. Although the ZBA has issued a stop work order and a fine was issued against the Ferrandi property, the grinding has continued nevertheless. It was noted that Ag and Markets said that tree stump grinding is not agricultural business, which would imply that it might be industrial business, for which no permit has been issued.
submitted by Blanche Rubin and Bronwyn Bevan
PLANNING BOARD MEETING REPORT
AUGUST 5, 2008
Randy and Christine Prentice (Variance Recommendation)
1563 Centre Road
The applicants are seeking an area variance allowing them to install a 15' by 25' above ground pool within a side yard setback on their property. The Board discussed whether the pool could be moved to another location on the property in order to avoid the need for a variance. The applicants stated that for aesthetic reasons, they did not want to change the proposed site. The Board noted that while a variance in this case would not result in a detriment to the surrounding area, there did exist a feasible alternative to a variance. Accordingly, they forwarded the application to the ZBA with a neutral recommendation.
Neumann/Heist (Special Permit)
256 E. Meadowbrook Lane
SBL: 6367-00-944370
The applicants are seeking to convert an existing garage into a guest house and need a special permit. The Board considered the application and determined that a long-form EAF will be required because the property is in the ridgeline district. There may be a building code issue regarding whether the second floor of the existing building can be used for a bedroom -- the applicants will need to address this with the Building Department. In addition, the applicants will need to consult their engineer concerning whether their existing septic system has sufficient capacity. If not, they will have to indicate the layout of a new or expanded septic system on their plan. The Board set a public hearing for September 2 on this application.
Novak Subdivision (Preliminary Approval)
312 Browning Road
SBL: 6366-00-871602 and 6366-00-808600
The applicant is seeking to subdivide an 18 acre parcel into four lots. A Public Hearing was held in July. The Board considered additional written comments from the Town Engineer and Planning Consultant, both of whom stated that preliminary approval could be granted with certain conditions. The Board noted that the applicant will need Preliminary Approval to obtain Board of Health approval for the wells and septic systems. Proposed Lot 4 of the subdivision contains wetlands and the septic system will be in close proximity to them. The Planning Board will need to consider the BOH's findings with respect to whether a septic system can be safely installed on the lot. The subdivision will include a 50 foot non-disturbance area around its perimeter which will be maintained by restrictive covenants. The Board considered and issued a negative declaration under SEQRA and granted Preliminary Approval with conditions, which included addressing the Town Engineer's comments on the plan, approval by the Town's consultants of the restrictive covenants creating the non-disturbance area, and BOH approval of the septic and well sites.
McKenna/Mid-Hudson Renovations (Lot Line Adjustment)
533 and 543 Browning Road
The applicants are seeking a lot line adjustment. The Board concluded that because the parcels are in a Critical Environmental Area (CEA), a long form Environmental Assessment Form is needed. The applicants will need to resubmit their plan, but the Board voted to waive a Public Hearing on this application. When the necessary submissions have been made, the Board will consider the application for final approval.
submitted by Paul Thomas
CONSERVATION ADVISORY COUNCIL (CAC) MEETING REPORT
JULY 17, 2008
1. The public comment portion of the meeting was devoted to a presentation by Jen Rubbo, a director of the Fallkill Watershed Group. Ms. Rubbo’s role is to educate the public about the Fallkill Creek, which is a major tributary of the Hudson River. Part of the Creek's watershed is located in Clinton. Fallkill Watershed Creek Week will run from Monday, August 4 to Sunday, August 10 and will feature a variety of educational and outreach events. The following link contains more information about the events that are planned: http://www.clearwater.org/news/creekweek08.html
2. Newcomer packets have been assembled by a CAC member for distribution to new residents. Flyers advertising the packets, including their contents and pickup locations, will be posted at prominent spots in the area (e.g., Schultzville General Store, Stewart's, etc.).
3. Solar panels have been installed at Town Hall. An educational component to accompany them is being developed.
4. CAC Chairperson Norene Coller submitted a grant to the New York State Department of Environmental Conservation's Hudson River Estuary Program to conduct a biodiversity study within the Town. Such a study would complement the Town's efforts to preserve open space and protect farmland.
5. A celebration of Clinton's farms was held on June 28th. Norene Coller reported that the event attracted scores of interested residents. Additional farm tours will be offered on September 20th and October 11th.
6. Norene Coller and Town Councilman Frank Venezia reported on the sewage treatment plant workshop on June 25th. Town Board members will vote in an upcoming meeting on whether to approve the creation of a central wastewater treatment facility, which would be managed by Dutchess County, at a proposed 14-house development on Talleur Lane in Clinton Corners.
7. There will be a Public Hearing on the proposed water protection zoning amendment on August 12th at 6:15 PM, just prior to the regular Town Board meeting. CAC member Paul Thomas has prepared a document with frequently asked questions pertaining to the proposed amendment; this document has been circulated to Town Board members.
Submitted by Laura Austrian
REPORT ON THE PLANNING BOARD MEETING
JULY 15, 2008
PUBLIC HEARING:
Novak Subdivision Public Hearing
312 Browning Road
SBL: 6366-00-871602
6366-00-808600
About 8 town residents attended the Hearing. The applicant's engineer presented the basic plan for the four lot subdivision along with some background information. The overall acreage is 18.5 acres and the four lots will range from about 3 to about 5 acres. The public was invited to make comments or ask questions. One resident asked if the flag lot (where the Novak's residence is currently located, behind the proposed subdivision) would be subdivided in the future. The answer was no. There were several questions about the proposed 50 foot "undisturbed" border on 3 sides of the subdivision: would it be a conservation easement, who would determine the restrictions, could they be enforced? It was explained this border would not be a traditional conservation easement but rather a voluntary agreement entered into between the landowners and the Town. It therefore would not be easily enforceable. A member of the CAC questioned if the Planning Board had received the CAC's letter of June 24th with a list of recommendations for the applicant. The answer was affirmative and the recommendations were being incorporated into the plans. A long discussion followed on whether the applicant should be "required" or "encouraged" to abide by the proposed wetlands law, which will necessitate a 50' buffer around all wetland areas of a certain size. The Town Planner maintained that the Board could not require this. The applicant's engineer conceded that if the law is approved one lot would have to be completely eliminated, because the extent of wetland area would not allow sufficient space for a house, driveway, and septic system. He stated that will be dealt with down the road if need be. The Public Hearing was closed.
The next step for this application is review of the SEQRA application and a Planning Board vote on Preliminary Approval. Both of these steps will be on the agenda of the next Planning Board meeting, August 5th. There is still opportunity for public comment, through written form, at any time as this application moves forward.
APPLICATIONS:
Neumann/Heist (Special Permit)
256 East meadowbrook Lane
SBL: 6367-00-944370
The applicants wish to convert an existing structure into a guest cottage. They have already received a variance from the ZBA. There were many missing parts and pieces in their application and the Board therefore postponed consideration. The applicants will try to have a completed application in order to get on the agenda for the next meeting, August 5th.
submitted by Blanche Rubin
PLANNING BOARD MEETING REPORT
TUESDAY, JULY 1, 2008
VARIANCE RECOMMENDATIONS:
Clinton Alliance Church
1192 Centre Road
SBL: 6468-00-360605
The applicants appeared for a discussion of their revised plans for a 1200 square foot building and a 4200 square foot open-air pavilion, to be built across the road from the existing church. The applicant's engineer explained the current plans and stated that they had satisfied all of the Board's requirements and stipulations, reducing the size of the building in proportion to the lot size and allowing for more open space.
Board members questioned the Church's future plans for expansion and questioned if the buildings might one day be enlarged. They are currently requesting a variance for more square footage than zoning permits and one Board member encouraged the Board to provide that flexibility.
A positive variance recommendation was approved.
APPLICATIONS:
Novak Subdivision
312 Browning Road
SBL: 6366-00-808600
6366-00-871602
The applicant's engineer stated they were looking for Preliminary Approval of the application for a 4-lot subdivision so that a Public Hearing date could be set. Several changes had been made in the plans based on statements by the Board and the CAC: the driveway on Lot 2 will be shortened, the location of the house on Lot 4 was improved so there would be less disturbance to the wetland area and the need for a pump to the septic system was eliminated. The soil tests for septic systems on all 4 lots were satisfactory.
The Board raised concerns about erosion control and the engineer responded they have started planning for that, both during construction and after. A Board member questioned whether the wetland areas should be included in the required conservation easement. There was also discussion of whether a future DEC regulation re: 50 ft. buffers around wetland areas should be required of the developer now. Tentative approval of the driveways has been received from the Highway Department. The sight distances will be included on the final plans.
The Board set the Public Hearing date for July 15th. All residents within 200 feet of the development lots will be notified by mail of the Hearing.
submitted by Blanche Rubin
ZONING BOARD OF APPEALS MEETING REPORT
THURSDAY, JUNE 26th, 2008
There were two items on the agenda:
(1) Daniel Suter, 1577 Centre Road
Applicant was requesting a variance to allow installation of a shed along his driveway and within the 50' buffer with the adjoining property. Because the back of the yard has a steep drop-off and difficult soil, the variance was granted to allow the shed to be installed in what the board agreed was the one viable location. The variance was granted with the provisos that the applicant (a) build the shed to match the design of the house, (b) install no rear windows on the shed, (c) build a fence within next 3 months that will be painted to blend in with the area and will be well maintained, (d) install external lighting only facing north (towards their own house), and (e) allow no storage on exterior of shed.
(2) Neumann/Heist, 256 East Meadowbrook Lane
Applicants were requesting variance to permit installation of a bathroom and kitchen in their pre-existing garage/studio. The Board felt that the conversion of the existing garage/studio into a guest house/studio would complement the density and purpose of the hamlet, which the property directly abuts. They also noted that there was no other suitable site on the property to build such a comparable new structure. They noted that under current subdivision regulations, the owners or future owners would only be able to subdivide the property once, and therefore they were not concerned about allowing the beginning of a process that would lead to multiple houses on the 15 acre plot. The variance was granted with the following provisos: (a) the existing hedge will not be removed, and (b) the applicant will provide a B.O.H. approved design for the proposed sewage system.
Submitted by Bronwyn Bevan
REPORT ON TOWN BOARD SPECIAL MEETING: SEWAGE TREATMENT SYSTEMS
JUNE 25th, 2008
The purpose of this meeting, organized and run by the Clinton Town Board, was to provide a forum for a public presentation by the developers of 14 home sites on Talleur Lane in Clinton Corners. Rolling Acres Developers and Ultimate Builders are proposing to build 14 homes on one-acre lots in the hamlet of Clinton Corners and to create a County Sewer District to maintain a central wastewater treatment facility there.
The developers, represented by their lawyer and engineering firm (Berger Engineering of Poughkeepsie), provided an extensive presentation of their site plan and the operation of central wastewater systems. They displayed 2 visual representations of the site: one showing all 14 homes with septic systems and the other all 14 homes with a central sewer system. The visuals depicted how much land would be disturbed in each scenario, to support their thesis that less land is disturbed with a central system. They emphasized repeatedly that a central system, particularly a state-of-the-art system such as they plan to build, has extensive built-in redundancy to help prevent complete breakdown. Most of the system is underground, with the exception of a 30' x 50' "non-obtrusive" shed. They maintained that there is no odor and minimal sound. They likened the sound from the plant to the sound of a running shower.
The system must meet state standards, would be monitored daily by a state-licensed operator, and would be monitored monthly via reports submitted to the DEC. The developers strongly recommended public vs. private ownership of the system. They are seeking the support of our County Legislator in obtaining the involvement of the Dutchess County Wastewater Authority. While the system would be operated and maintained by the County, the costs would be borne by the development's homeowners. The 14 homes would be priced in the area of $400,000.
A second scheduled speaker during the evening was Simon Gruber, an expert on the relationship between wastewater treatment and land use planning. Mr. Gruber stated up front that he is generally more partial to soil-based discharge of effluents vs. stream-discharge. Discharge into the soil allows for much greater filtration. The developers' plans are for discharge into a wetlands area that eventually feeds into Wappingers Creek.
While agreeing that the planned system is one of the better ones currently available, Mr. Gruber raised the following concerns:
- What are the long term costs of these systems, in relation to energy use, maintenance, and administration?
- What if there is an extended power outage?
- Will there be a "reserve" fund to deal with unexpected breakdowns or disasters? (He strongly encouraged that a fund be created.)
- Expert management of the system and involvement of the County are crucial to the success of the developers' plans.
He also lauded the developers for recognizing that the use of a central system can minimize the "footprint" of a development, which he strongly supports.
Both Town Board members and audience members had the opportunity to question the developers further. Many of the answers that were provided are included in the information above. A few other points:
- The operator of the system is employed by the County. The County issues the paychecks, but the costs are passed on to the homeowners.
- Liability is covered by individuals' homeowners insurance.
- Alternative systems, such as constructed wetlands and soil-based discharge, should be explored.
There seems to be no question that individual septic systems require no power to run, need less maintenance and administration, and are unlikely to fail simultaneously -- leaving all 14 homes without sewage disposal. The impression is that the developers know that the soil in the Talleur Lane development cannot support 14 septic systems, hence in order to maximize their investment they must build a central system. The question remains: Do the residents of Clinton want this type of dense development in the center of one of their hamlets? Does the Town Board believe this is the best direction to pursue and will they vote to offer their support?
submitted by Blanche Rubin
CONSERVATION ADVISORY COUNCIL (CAC) MEETING REPORT - JUNE 19, 2008
1. CAC Chairperson Norene Coller shared communications with the group, including the following: a new referral from the Planning Board (Novak subdivision on Browning Road); information on a discussion with Planning Board Chairperson Mike McCormack about involving the CAC in meetings with applicants; a report on the May 21st meeting for all town boards and the CAC to discuss the management of conservation easements within subdivisions; a letter of support for the Winnakee Land Trust in its grant application to obtain funds to become a manager of conservation easements.
2. Solar panels will be installed at the town hall during the week of June 23, 2008. The CAC is working on developing an educational component to accompany the panels.
3. There will be a Public Hearing on the proposed water protection zoning amendment on August 12, 2008, at 6:15 PM. CAC member Paul Thomas has prepared a document with frequently asked questions pertaining to the proposed amendment; this document is being distributed to Town Board members for their review.
4. The CAC will be applying for a New York State Department of Environmental Conservation Estuary Program grant to conduct a biodiversity study within the town. Application deadline is June 27, 2008.
5. As part of its Open Space and Farmland Protection Plan outreach, a celebration of Clinton farms will be held on Saturday, June 28 at 10:00 AM. The event is free. Residents should have received a mailing about the event.
6. A workshop on sewage treatment plants was held on June 25 at 7:00 PM.
submitted by Laura Austrian
REPORT ON THE MASTER PLAN REVIEW COMMITTEE (MPRC) MEETING
JUNE 9, 2008
This meeting focused primarily on "Housing," Chapter Five of the Master Plan. The following pertinent points were discussed:
1. The MPRC will post an update on the Town's website, addressing the chapters that have a completed first draft.
2. The Evangelical Church, located next to the Upton Lake School, was added to the section on religious groups.
3. The Housing section was particularly difficult for the Committee to address because of the scrambled data regarding housing and alternative housing, such as RVs, boats, etc.
4. Trends are difficult to follow because in each recent decade the definitions of “home,” “family,” and “other” have changed.
5. The Committee decided to use the term “non-traditional housing" for those people whose housing arrangements differ from that of a typical family.
6. The Committee decided to include data on current growth in housing so that future committees and boards, like themselves, can reflect on those numbers and utilize them as benchmarks for further analysis and observation of trends.
7. From the data, it was clear that rural towns such as Clinton have more vacancies than do more urban towns, and more than the Dutchess County average. The trend could be attributed to seasonal residences and inconsistencies in definitions of “home” over the past two decades
submitted by Eric Buechele
REMEMBER THE STONE BRIDGE ON HOLLOW ROAD CONTROVERSY? read more here
CLINTON UNITED has just received the following letter from Robert Balkind, Assistant Director of Engineering, Dutchess County Department of Public Works:
Greetings:
I recently read your web page concerning the bridge project. I offer the following information for your edification:
• The article cites County DPW as giving the bridge a 4.7 structural soundness rating. In fact, NYSDOT conducts all bridge inspections and assigns condition ratings in New York State.
• Although accident history contributes to the County’s decision to replace the bridge, other factors also come in to play in the County’s decision. These factors include the current availability of Federal funds to reimburse Dutchess County for the project costs (Federal Aid will provide 90 cents of reimbursement for each dollar spent by the County) and the functional obsolescence of the bridge (the narrow lanes, no shoulders, poor guide rail, poor alignment, etc.)
The County’s intention is to construct a new bridge that will maintain the hamlet’s character and quality while providing a safer and stronger bridge. The County has held a preliminary public information meeting to present alternative design plans to the public. The design report is now being developed and preliminary plans are being prepared which address the public’s input. Once the report and preliminary plans are done, another public information meeting will be held to again present the project to the public. I truly believe that the County’s goal to improve the safety and operation of the bridge and the residents’ goal to maintain the unique character of Clinton Hollow hamlet are not mutually exclusive. Thank you for your consideration.
Robert Balkind, P.E.
Assistant Director of Engineering
Dutchess County DPW – Engineering Division
626 Dutchess Turnpike
Poughkeepsie, NY 12603
THE APPROACH TO ZONING IN CLINTON
With no town center and a little over 4000 residents, the Town of Clinton
has an attractive stony and steep topography that could be expected to limit
the population density of much of the land. There is little disagreement
that the land's beauty--the rock outcroppings, the vistas over the fields,
the lack of strip malls--are tremendous assets. But most Clintonites are
also aware that how our land is used can have an impact on all of us. read more
THE STONE BRIDGE ON HOLLOW ROAD CONTROVERSY
Town residents and the County Department of Public Works see a new bridge
a little differently read
more
WOODLAND HOLLOW DEVELOPMENT THWARTED ON SCHOOLHOUSE ROAD
The lessons we learned over the past year...story
Double D Updates and information here
Serenity Hills Updates and information here
Take a look at an aerial view of the proposed Serenity Hills development here
For a smile... click here
Miss a story?
For older "Clinton news articles" you may have missed click here
For older 'Town meeting notes' you may have missed click
here
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