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

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

REPORT ON THE MASTER PLAN REVIEW COMMITTEE MEETING, MAY 28, 2008

The Committee reviewed Chapter Six "Community Facilities", at this meeting, resulting in a few phrase changes and summary changes.

1. Educational facilities will now seek "approval" as opposed to "permission."

2. The Master Plan now calls for an elected Highway Superintendent, with eight full-time positions.

3. Regarding solid waste disposal, the Committee decided to outline a fee schedule for waste materials other than cardboard, metals, or appliances.

Jack Cleary brought to the attention of the Committee a comparison of survey results, taking the 1988 survey and 2007 survey and noting the percent changes in each category and suggesting the data be used to supplement the Master Plan. It was decided that survey data should be included in the document. The new surveys note an increase in all response times by fire and rescue services except for ambulance response time. Mr. Cleary then made the Committee aware of the falling numbers of volunteers for emergency services, emphasizing that the Master Plan should guide the Town's administration to carefully plan for the Town's future needs.

The emphasis on future planning was considered by the Committee in wording a phrase on consistent facility evaluation. The current conditions of the Town Hall were used as an example to stress the importance of constant facility awareness. Fire Department equipment needs and recreational needs have to be considered in tandem with Town facilities, with attention drawn to
review and evaluations of those services.

The Committee considered adopting guidelines to ensure the Highway Department's compliance with State environmental regulations. As Noreen Coller noted, recognition of environmental awareness is an improvement from the policies of the previous decades. She highlighted the Town's improved water quality.

For consideration next time, the Committee will review Chapter Seven, "Transportation", dealing with road usage, busing, airports, and railroads. Chapter Five, "Housing", will also be considered.

submitted by Eric Buechele

CONSERVATION ADVISORY COMMITTEE (CAC) MEETING REPORT, MAY 15, 2008

1. The CAC reviewed two referrals from the Planning Board. The first was an application for a special permit relating to the Stephen Austin Bed and Breakfast on Camp Drive. The CAC agreed to submit a comment letter noting that the B&B will be next to a working farm and that there should be no interference with farm activities by guests or their pets. The CAC also reviewed the proposed Calabi-Sacks four lot subdivision on Browns Pond Road. The CAC will submit a comment letter to the Planning Board for its next meeting.

2. With respect to education and outreach activities, the CAC is still considering ways to distribute its "Newcomer Folders" to new Clinton residents. In addition, several CAC members will be working to enhance the offerings on the CAC portion of the town website, including event announcements and educational materials and publications. A bird walk will be held on June 14th at 8:00 AM in the town's nature garden next to Town Hall.

3. The CAC is working with the Town Board on the installation of solar panels at Town Hall. The planned installation will include a monitor in the library showing the electrical output of the panels.

4. CAC members assisted in the planting of some 80 trees as part of a riparian buffer at Frances Mark Memorial Park and Friends Park. The CAC continues to monitor the progress of the wetlands and watercourses zoning amendment through the legislative process.
5. The newly formed Clinton Open Space and Farmland Protection Committee will organize a series of farm tours and presentations starting this summer, designed to show residents the farms, forests, wildlife, and water resources of the town. The complete schedule of these events has not yet been finalized, but they will include visits to local farms and related demonstrations and presentations. The first such event is scheduled for June 28th, commencing at the Creek Meeting House and will include speakers from the American Farmland Trust and Greenplan.

submitted by Paul Thomas

REPORT ON THE TOWN BOARD MEETING, MAY 13, 2008

The Town Board meetings now begin at 7:00 PM.
During the Public Discussion session a town resident reported that there has been activity taking place again on the property on Horseshoe Trail where the illegal stump grinding business had been operating. Town Supervisor Jeff Burns stated it was his understanding that they were in the process of removing all machinery and materials.

During the council members' Reports session, it was stated that the CAC has requested that their members be able to serve 2 year, rather than 1 year terms, and that their terms be staggered.

OLD BUSINESS
A Town Law Codification project has been in development since 1995 with very little progress. Jeff Burns recommended that the Town Attorney be asked to review all Town laws for language, weaknesses, inconsistencies, and need for revision. The motion was passed.

NEW BUSINESS
1. There was discussion of the purchase of 4 new AEDs for various Town departments. The motion was approved. The need for training in their use was noted.
2. It was proposed that Morris Associates conduct a feasibility study to enlarge and improve Town Hall in order to create new office space. The possibility of moving the old one-room schoolhouse from Ruskey Lane to land adjacent to Town Hall would also be included in the study. The motion was approved.
3. There was discussion on the Town's role in bringing new cell phone towers into the area. There was agreement that there is a need for more towers to improve reception in town. Should the Town hire a company to investigate and recommend possible tower locations? Board members expressed the following thoughts: The Town would have more control over the location and visual appearance of the towers; more than one company could be required to share a location; there is always the likelihood that the towers will become obsolete (quickly). No action was taken.

PUBLIC DISCUSSION
1. Norene Coller expressed support for using the old schoolhouse for office space.
2. Ron Brand reminded the Board that according to the Town survey conducted last summer, a majority of people in town want better cell phone coverage.
3. Harvey Podolsky questioned if a date had been selected for an Information Forum on wastewater treatment plants -- the response was no. Harvey recommended that the Town Board work with other organizations, which he listed, that have expertise in this area. He also expressed concern about possible discharge of effluent into Little Wappingers Creek.
4. Joel Tyner, County Legislator, requested approval to hold a public meeting at Town Hall on June 2nd regarding the licensing of electrical contractors. He also mentioned 2 pieces of legislation he has been working on: a countywide ban on the use of trans fats in public restaurants, and a pesticide use notification law.

submitted by Blanche Rubin

PLANNING BOARD MEETING REPORT,
MAY 6, 2008

Thomas Stalker (lot line adjustment)
719 Pumpkin Lane
SBL: 6468-00-752738 and 682712

This applicant first appeared before the Planning Board on November 13, 2007. His representative confirmed that all previous problems have been corrected and variances regarding reduced setbacks, which were required, have been obtained from the ZBA. The Board held a short discussion confirming that no public hearing was needed on this application, that both lots being created by the adjustment are 5+ acres, that there are wetlands on both lots, and that the neighboring land is not a working farm. The application was approved.

Calabi-Sacks Subdivision (Preliminary discussion)
at the intersection of Browns Pond Road and
Schultz Hill Road
SBL: 6268-00-961540 and 911623

The applicants first appeared before the Board in June 2007 with a sketch plan. They own a very steep and rocky piece of land which they are trying to subdivide into 3 lots. They have now filed an Environmental Assessment Form (EAF) and a number of people were present to respond to their preliminary plans.

The Town Engineer expressed great concern about drainage onto a neighboring adjacent property. He also questioned the location of the septic system on one lot. The Chair of the CAC expressed concern about endangered, rare species on the land and stated that a biodiversity survey is needed. She also expressed hydrological concerns and questioned if there is a very high water table on the land.

One Board member expressed concerns about the plan for a shared driveway. The Town Engineer stated that the Highway Department has to approve the driveway plans and the Board of Health has to approve the wells and septic systems.

The applicant, in apparent frustration at all the concerns that were expressed, wondered if it made sense for them to site a house on their preexisting lot. They stated that they did not want to subdivide their land into small lots, but if they are unable to build there then the land is "worthless" to them. No action was taken by the Board.

Novak Subdivision (sketch approval)
312 Browning Road
SBL: 6366-00-808600 and 6366-00-871602

This applicant, who has appeared before the Planning Board many times regarding this project, is seeking approval of a 4 lot subdivision ranging in size from 3+ to 5+ acres. The Town Engineer asked for a change in location of the driveway in Lot 4 and stated that the septic line should not cross a wetlands area. One Board member asked if a conservation easement could be placed on the properties all along Browning Road, to protect the scenic beauty of the road. She expressed concern that a lot of the trees along the road has already been cleared. The applicant responded that at least 50 feet in depth along the road will not be disturbed. "I will leave as much as I can." The same Board member expressed appreciation that the driveways were curved, which makes the development look less suburban.

The Board Chair stated that a long form EAF will be required, with the Planning Board as lead agency. He also stated that septic and well tests should be performed before the public hearing is held. The Board gave its approval to the sketch plan.

Rubin, Dhar, Neumann/Heist (lot line adjustment)
Schoolhouse Road
SBL: 6367-00-998548

The applicants purchased 42+ acres from developers 2 years ago and placed them in a very restricted conservation easement in order to keep the land "forever green". They now are seeking to divide the land into their 3 individual shares and to annex it to their existing adjacent properties. The surveyor discovered a very small error in the amount of acreage that had been previously recorded and which will now have to be corrected in the conservation easement. A Board member requested that "before" and "after" surveys be included in the final application. There was some further discussion pertaining to small details and the lot line adjustment was approved.

submitted by Blanche Rubin

ZONING BOARD OF APPEAL, MEETING REPORT FOR APRIL 24, 2008

Diesing (application for area variance/Public Hearing)
42 Bowman's Glen
SBL: 6568-00-148673

The applicant sought an area variance for an accessory dwelling on a 10 acre lot. The 1260 square foot carriage house in question had been constructed on the lot before a planned 3300 square foot principal dwelling. It was determined, however, that the accessory dwelling exceeded the size limitations for such a structure imposed by the Zoning Law. The Zoning Law states that the accessory dwelling structure must not exceed either 33% of the size of the main dwelling or 1000 square feet of floor space, whichever is more restrictive. The owner contended that he had misunderstood the zoning provisions imposing the limitations when building the carriage house. A letter from a neighbor, which was read, expressed no opposition to the variance. There were no other public comments at the hearing.

The Board discussed whether granting a variance would create an undesirable precedent. The purpose of the zoning provision is to limit density on individual lots and the requested variance entailed a 25% increase over the permitted structure size. The Board also considered the alternatives available to the applicant that would not require a variance, including making the existing house the principal structure or reducing its size to comply with the legal requirements. The applicant stated that further subdivision of the lot was not possible because of limitations imposed by the Planning Board on the original subdivision and the configuration of the common driveway, which may not serve more than four lots. The applicant contended that none of the other alternatives was acceptable to him. He stated that the error was inadvertent and that density was not an issue, in that the parcel has ten acres and is located in the AR5 zoning district.

A prior application involving similar facts was discussed, and several Board members noted that the prior case had involved a 150 year old barn, not a non-conforming structure built by the applicant himself. They felt the problem had been created by the applicant in this instance. Several other Board members observed that the error was not intentional and that modifications to the structure would entail hardship on the applicant. In addition, the large size of the lot and the minimal impact of the requested variance on the surrounding neighborhood were viewed as mitigating factors. The board voted 4-2 to grant the variance.

Submitted by Paul Thomas

2. The CAC has been asked to review a Planning Board application for a bed & breakfast on Camp Drive. The application was referred to the CAC because the B & B is in an environmentally sensitive area. The septic system has been expanded to accommodate guests; the applicant is now seeking a B & B permit. Norene Coller offered to draft a letter to the Planning Board asking that the B & B guests be respectful of the fragile site and adjacent agricultural parcel.

3. The need for a driveway law was discussed because there is a gap that occurs between the granting of a driveway permit and the granting of a building permit.

4. Efforts continue to improve the CAC webpage. Town Board member and CAC liaison Frank Venezia has offered to work with the CAC to make information such as minutes, reports, news, events, programs, and other pertinent information available on–line.

5. The distribution of “Welcome to Clinton” folders, which have been prepared by the CAC, will occur when STAR forms are sent to property owners -- if the Town Board agrees and offers to pay postage. Frank Venezia will raise the subject at the next Town Board meeting.

6. The CAC will participate in the Clinton Spring Festival on April 26th. They will be providing educational materials to those who are interested.

7. The planting of riparian buffers will be undertaken by volunteers, along with members of the Department of Environmental Conservation, on Sunday, May 4th, at Frances Mark Park at 10 AM and Friends Park at 2 PM.

8. A “Frequently Asked Questions” document related to the proposed water protection law was presented by CAC member Paul Thomas. This document summarizes the salient points of the proposed law. Frank Venezia suggested one change and offered to present the document to the Town Board. A public education forum on the proposed law will likely be scheduled this summer.

9. In order to complete biodiversity maps of Clinton, the CAC needs to seek funding. A representative of Hudsonia, a not-for-profit institute for research, education, and technical assistance in the environmental sciences that will likely work with the CAC on the completion of these maps, has recommended applying for a Hudson River Estuary Grant. CAC member Laura Austrian will investigate; the application deadline is June 27th.

10. In order to protect Clinton’s open space and farmland, the newly formed Open Space and Farmland Protection Committee has planned several events to show town residents its farms, forests, wildlife, and resources. Norene Coller is working on a schedule of events. Funding from two recent state grants awarded to Clinton will be used for these activities.

11. The Comprehensive Plan Review Committee is seeking more public involvement. Two members of the CAC are also members of the Comprehensive Plan Review Committee.

Submitted by Laura Austrian

REPORT ON THE TOWN BOARD MEETING
APRIL 8, 2008

1. Local Law #1 of 2008 entitled "A Local Law Creating an Exemption for Persons with Disabilities and Limited Incomes" was approved by the Town Board.

2. The name Crimson Hill Road was approved for a road to lead into the new subdivision at the intersection of Centre Road and Bulls Head Road.

3. Burger Engineering is seeking approval from the Town Board to proceed with the siting of a sewer district within the Town of Clinton (on Talleur Lane in Clinton Corners) so that they can proceed with their application process. The Town Board was not ready to provide such approval, stating that additional time was needed for Board Members and town residents to become educated on the benefits of a packaged sewage treatment plant as compared with individual septic systems. The Burger Engineering representative stated that the reason for using this approach was one of economics and that this type of system was more reliable than individual septic systems.

3. The flyer for the Clinton Spring Festival was approved.

4. Water quality of the drinking water at Fran Mark Memorial Park did not meet Board of Health standards and a water treatment system to remove bacteria and H2.S was approved at a cost of $4097.00.
COMMENT: The source of contaminants was not discussed.

5. The purchase of a trailer for the road tiller was approved.

6. Frank Venezia was appointed as Town Board representative to the Master Plan Review Committee.

7. Carl Mullenberg's resignation from the ZBA was accepted

Public Discussion:
Harvey Podolsky commented that there are different views among those in the wastewater treatment field and that there is a history of problems with packaged sewer systems. An educational presentation on this subject was needed so that the decision-makers would be informed as to the pros and cons before making a decision. Clinton United with the cooperation of Joel Tyner is working on organizing an educational session. A Town Board member suggested that such a presentation should be a Town of Clinton event and the Town Board would schedule one.

Harvey Podolsky inquired why heavy equipment was on the Crimson Hill jobsite when a stop work order was in place. He inquired when a Public Hearing will be scheduled for residents to comment on the new site plan and the method of remediation for replacement of trees according to the conservation easement. The Board responded that the contractor was stabilizing the ground due to removal of the existing trees and they would check into the Public Hearing question.

Joel Tyner agreed that packaged sewage treatment plants may not be in keeping with the rural setting of the Town and would like to have an educational forum scheduled. He stated that he has not made his mind up on this question and will be seeking input from those in the field.

Casale Subdivision (sketch approval)
193 Schultzville Road
SBL 6467-00-730949
Three lots are involved. Each lot is to have driveways. Some lots are below the grade of the road and have to be raised. The project will require a steep slopes permit. An engineering review by the Town Engineer is required as well as notification to various agencies. Escrow was set at $500.00.

Omega Institute (special permit application)
150 Lake Drive
SBL 6368-00-938723
The applicant's representative did not need to appear. The permit application was approved by the Planning Board.

Stephen Austin Bed & Breakfast
53 Camp Dr.
SBL 6468-00-130743
The applicant has a non-conforming site that has been renovated as a home and plans to convert it to a B&B. The applicant is a corporation and has a second rental dwelling in the area. Adjacent neighbors are concerned and wrote letters and emails. They expressed concerns about late night noise and activities. A Public Hearing will be scheduled. And Town Attorney review is required. The initial escrow requested is $1300.00 (800.00+500.00), which includes attorney escrow.

Comment: The Planning Board is to advise the public re: scheduling of a Public Hearing for the Crimson Hill subdivision. Work has started up on that site to stabilize the ground. A Public Hearing is required because the first approved plans were violated by the applicant and the replacement plan will be presented to the public for their input. The type and size of replacement trees will need to be agreed upon.

submitted by Harvey Podolsky

REPORT ON THE MASTER PLAN REVIEW COMMITTEE MEETING
MARCH 25th, 2008

Present: Roger Hof (chairperson), Tony Calvahlo, Norene Coller, Ron Brand, Bill Martin, Arthur Weiland, Jack McCleary, Donna Shelhammer, Denise Beneway (clerk), Frank Venezia (Town Board liaison).

Norene Coller described to the Committee members two new grants the CAC has received that are funding activities in Clinton which parallel the efforts of the Master Plan Review Committee (MPRC): the Open Space subcommittee and the Farmland Protection subcommittee. She expressed the belief that their work should dovetail with the MPRC. The CAC is making plans for public information forums this Spring which could involve all three groups.

Ms. Coller also encouraged the group to make efforts to speed the review process along, not needing to deal with every word in the document. The approach the Committee is taking is to utilize the old Master Plan, changing it as little as possible. The Plan will be updated based on the most recent data and survey results, but any suggested changes must be staunchly defended. There appears to be some tension in the group due to the decision to approach the material this way.

The Committee then undertook work on Chapter 4 of the Plan, which involves a lot of detail, facts, and figures. They returned to working with all the minute details. There were extended discussions on how to word population fluctuations over the last century, and how to describe the impact of the downsizing of IBM. Only a little progress was made that night.

FOR YOUR INFORMATION: The results of the Master Plan surveys are now posted on the Town of Clinton website. These are in easy-to-read chart form. Go to the Planning & Zoning page at www.townofclinton.com.

submitted by Blanche Rubin

REPORT ON THE PLANNING BOARD MEETING, MARCH 18, 2008

APPLICATIONS:
Stewart's Shop Corporation (discussion only)
2300 Salt Point Turnpike
Stewart's requested an informal discussion with the Board concerning a proposed amendment to their site plan to add a second pump island with canopy to the store in Clinton Corners. The new pumps would be installed between the existing pumps and the road, in what is now a landscaped island along the street. The Board noted that Stewart's will need an area variance because the front setback requirement of 45 feet will not be met. In addition, the Board requested a more detailed landscaping plan and discussed the material for the canopy surface. Stewart's proposed a synthetic foam and aluminum structure for the canopy, but the Board noted that the store is in a rural area and at the gateway to the hamlet of Clinton Corners. They suggested that wood would better match the existing canopy and conform to the rural character of the area. One Board member expressed concern that the canopy lights are currently left on at night after business hours, which is in violation of the original site plan approval. In addition, the Board noted that they will have to evaluate the parking plan for the building and the effect of the proposed changes on traffic flow and vehicle access as part of their consideration of the application.The Board directed Stewart's to seek an area variance from the ZBA to address the setback issue before submitting a formal application to the Planning Board.

Clinton Alliance Church (discussion only)
1192 Centre Road
SBL # 6468-00-360605
Clinton Alliance Church requested an informal discussion with the Board regarding a possible three phase project relating to the property across the road from the main church building (where a recently completed parking lot currently exists). In the first phase, the Church would erect a house, which is now disassembled and in storage, behind the parking lot to serve as a facility for Sunday school classes and offices. The second phase entails constructing a picnic and recreational pavilion elsewhere on the site. The third phase contemplates construction of a gymnasium as an adjunct to the pavilion. A fixed schedule for the individual phases has not been set and the timing will depend on available funding and assistance from volunteers.

The Board expressed regret that the proposed projects were not discussed during the recent approval process for the parking lot. The Chairman noted the legal limitations on segmentation (serial applications concerning the same site or parcel) in the planning process. The Church's representative stated that its Board had not contemplated these projects when the parking lot was being discussed. The Planning Board expressed reservations concerning the placement of the house (phase one) behind the parking lot and suggested that it be erected closer to the road and in front of the lot. The Chairman noted that this change would be more consistent with Greenway design guidelines and the hamlet concept and also relate better to the existing church building. The representative expressed some reservations that moving the house would require modifications to the parking lot. A Board member noted that completion of the parking lot required three years and that each phase of the proposed project should include a projected time duration for completion. Another member commented that there are low cost methods to conform the appearance of the new building with the existing building and the Church should explore that approach. The Board noted that the proposal also appears to entail a change in the use of the site/parcel and the applicable zoning provisions will need to be consulted.

The Board asked that the Church submit an updated map of the property with topography details and consult with the Town's engineer and planning consultant. The Board again suggested that the Church explore ways to move the phase one structure to the front of the parking lot. The Chairman requested that a proposed site plan be submitted depicting all phases of the project (and any other contemplated improvements) along with applications for site plan approval and a special permit, the required fees, a long form EAF and an escrow of $1000 to pay for consultant review.

Farm View Estates (amendment to subdivision plat)
105 Field Road
SBL # 6570-00-039059
The applicant is seeking to modify an approved subdivision plan to consolidate several individual driveways into common driveways. The developer apparently encountered potential construction issues with some of the original driveways. The Town engineer was present at the meeting and noted that the applicant must provide language for easements and maintenance agreements and obtain approval from the fire department for the driveway plan. The Board discussed whether to require the applicant to rough grade the common driveways and install the required drainage areas. This is normally a requirement the Board imposes to ensure that the common driveways are built to required specifications and to avoid requiring an initial buyer to bear the entire cost of the installation. Here, the Town engineer noted that a exception might be made because the site does not contain steep slopes or wetlands or other factors complicating the installation. The Board concluded that the applicant could submit a letter to the Town's building department noting that the construction of the common portions of the driveways must conform to the submitted plans and specifications. The Board discussed approving the amended plan, noting that the reduction in the number of driveways would reduce disruption to the site. Accordingly, the applicant received conditional approval for the amendment.

Casale Subdivision (sketch plan)
193 Schultzville Road
SBL 646700-730949
The applicant did not attend the meeting and no action was taken by the Board.

submitted by Paul Thomas

REPORT ON THE TOWN BOARD MEETING, MARCH 11, 2008

A projected presentation of additional findings from the Town's Master (Comprehensive) Plan surveys, conducted last summer, was presented by Norma Dolan. It was reported that 486 surveys were returned (14% of the total mailed). Results from the surveys will be posted on the Town website. Most respondents were full time residents living in the hamlets.

BOARD MEMBERS REPORTS:
-- A NYS Agriculture Department grant for $25,000 was received by the Town. The CAC (Conservation Advisory Council) will hold meetings with local farmers to look into how they can best use funds to assist farmers and retain open space.
-- Supervisor Jeff Burns reported that Clinton will lose some tax revenues (mortgage, sales, etc.) and will have to tighten its belt on spending this fiscal year.
-- The ZBA (Zoning Board of Appeals) meeting could not be held in February due to the lack of a quorum. Issues on the agenda will have to be moved to the next meeting. The ZEO (Zoning Enforcement Officer) reported that Clinton receives 5 zoning violation complaints per day, which is far more than adjacent towns.
-- The Scenic and Historic Roads Committee reported that only three people attended its last meeting. They are requesting more participation from Town residents.
-- Roger Huff has been appointed Chairman of the Comprehensive Plan Review Committee. Jeff Burns, Town Supervisor and former Chair, will remain as a member of the Committee.

OLD BUSINESS:
The Water Law (Proposed Local Law No. 2 of 2008, Sec 5.5.1 wetlands and groundwater) was put on the Town Board schedule for a Public Hearing on April 8, 2008 at 6:30PM.

COMMUNICATIONS:
-- The Novak appeal to the NYS Department of Agriculture re: a domestic plumbing restriction in a barn was upheld with the ruling that prohibiting such plumbing would interfere with farming operations.
-- Board member Michael Appolonia reported that the case of O’Mara v Wappingers was ruled on and that restrictions noted on approved Planning Board maps do carry through to future owners of a property. No CO will be issued for the house that was built.

PUBLIC DISCUSSION:
This reporter raised the matter of a recent sewage treatment plant approval in Stanford in relation to one being proposed for Talleur Lane in Clinton. Joel Tyner, our County Legislator, had advised that the developer in Stanford wanted to utilize the latest technology, such as the "living machine" approved for the Omega Institute property or the constructed wetland/reed project in Lloyd, to filter wastewater for their new development. He was told, however, it would take from one to two years to obtain a permit from NYS DEC due to understaffing, and the County Board of Health was not willing to be the reviewing agency.

COMMENT: I suggest that no sewage treatment facility be sited until the question is fully understood and the latest technology examined. Isn't it better to wait one to two years for the proper treatment of these toxic substances than to turn our streams and rivers into sewers?

submitted by Harvey Podolsky

REPORT ON THE PLANNING BOARD MEETING,
FEBRUARY 19, 2008

Variance Recommendations:
Charles & Judith Canham
144 Longview Road
SBL # 6368-00-052948
The applicant wants to build a two car 25'x25' garage, which the Planning Board approved.

Applications:
Russell and Lynn Tompkins (lot line adjustment)
1132 Centre Road
SBL # 6468-00-418403
SBL # 6469-00-405449
There are 6 acres that the applicant wants to be split into two lots. The property is on steep slopes and it lies on a scenic ridge line (above 500 ft). There are plans, which were originally approved in the 1970s, but nothing was ever built. These plans would not comply with current zoning. The applicants' consultant claimed that the project was "grandfathered" and there was no expiration of the original approval, therefore the lots are not subject to current zoning. The Planning Board requested additional information. The submitted plan does not show the house, or a footprint of a house, the septic field, nor the trees to be cleared (the lot is in a significant wooded area).

COMMENT: I believe the zoning and/or other local laws need to be amended so that building lots and other projects that were approved in the past, prior to zoning and other environmental laws, would have to comply to the laws and regulations in effect at the time of construction. Currently all knowledge gained in the ensuing years need not be complied with.

Elizabeth Davis (lot line adjustment--discussion only)
Hollow Road
Mrs. Davis was represented by Kurt Schwager. Two lots of 91 acres and 81 acres were discussed as well as the 10 acres originally used for Rondout Kennels.

Casale Subdivision (sketch plan)
193 Schultzville Road
The applicant wants to subdivide this property into three lots (for his children). There are issues with a lack of frontage for driveways, insufficient sight distances (200 ft. each way), the need for a steep slopes permit (>25% grade), and that the lot is on a scenic and historic road. The most significant question: Is there enough frontage to build a second driveway?

McNaulty Subdivision (non-agenda item)
308 Clinton Avenue
The Planning Board accommodated the applicant and ZEO and scheduled a presentation. New maps were presented showing the house relocated to provide 39 feet from the corner of the house to the road. The applicant was applying for a three lot subdivision. The Planning Board recommended approval of this application. A $2000 escrow was requested, which the consultant vigorously opposed. She claimed it was too much and compared her project to other projects that were required to provide lower amounts. Chairman McCormick pointed out the amount of escrow needed was not the consultant's field of expertise and ended the discussion.

submitted by Harvey Podolsky

REPORT ON THE TOWN BOARD MEETING, FEBRUARY 12, 2008

This meeting proceeded with four Board members present, no Town Clerk, and just two people in the audience, due to very inclement weather. The four Board members were Jeff Burns, Town Supervisor; Mike Appolonia; Frank Venezia; and Dean Michael. Don Cappillino, Clinton Town Attorney, made a presentation discussing the proposed change in the Town's Water Law which will require a Zoning Amendment. He emphasized the need to inform the public of the new law and discussed ways that prospective buyers of property in Clinton could be made aware of the new legal requirement (to maintain a 50 ft. buffer of vegetation around any wetlands sited on less than 12.4 acres).

During the reports by Board members it was announced that the Town recycling program will now accept ALL paper for recycling, including phone books. The only caveat is for business envelopes: the cellophane covering the address window must be removed. On February 27th there will be a Public Meeting at Town Hall to learn about the merits of Magic Salt vs. regular salt for melting ice on the town roads.

Discussions were held on 12 separate matters on the agenda and all resolutions pertaining to them were passed. There were a few significant issues that were raised:
-- The Town of Clinton does not support petitioning the State Legislator to introduce a bill to add a penalty assessment to each disposition to pay for Court security (e.g., metal detectors).
-- The meeting time for all Town Board meetings will be changed to 7 PM.
-- There will be a Public Hearing on March 11th at 6:45 PM (just prior to the next Board meeting) to discuss a proposed local law creating a tax exemption for "persons with disabilities and limited incomes."
-- The Town Supervisor was given the authority to evaluate Town employees on behalf of the Town Board, with the exception of Highway Department employees (because they are union members), the Town Clerk's deputies and the Town Justice's appointees (because the Town Clerk and the Town Justice are elected officials and are empowered to hire their own assistants).

There was no Public Discussion at the end of the Board meeting.

submitted by Blanche Rubin

REPORT ON THE MASTER PLAN REVIEW COMMITTEE (MPRC) MEETING,
FEBRUARY 11, 2008

The Master Plan Review Committee meets twice a month at Town Hall and welcomes all Clinton residents to come and listen to their discussions. They are currently involved in writing the first draft of the first chapter of Clinton's Master Plan. The first chapter is a narrative summary of the town-wide survey conducted this past summer. The sections discussed at this meeting were the responses pertaining to the areas of Growth and Development, Desired Businesses, and Community Facilities and Services.

The Committee members considered whether they should compare the responses between the last town-wide survey (1991) and the current one. They agreed that a trend is apparent in residents' desires to keep Clinton "as is." Jeff Burns, chair of the MPRC, underscored two areas that need to be addressed: 1) developing a satisfactory approach to affordable housing in Clinton given the strong opposition that was expressed to apartment buildings, townhouses, and mobile homes; and 2) exploring whether the favorable support that was given to the promotion of farming as a desired business would truly be the most satisfactory means for maintaining open space in Clinton.

A presentation will be made at the next Town Board meeting, March 11th, summarizing the findings for the second half of the survey.

submitted by Blanche Rubin

APPLICATIONS
1. Gerald Thorpe (lot line adjustment)
121 N. Creek Road
SBL: 6267-00-287825
The applicant did not appear.

2. Stephen Austin Bed & Breakfast (site plan/special permit)
53 Camp Drive
SBL: 6468-00-130743
The applicant will have to apply for variances to the ZBA. There are issues related to the size of the lot (2.6 acres), the size and type of signage, and the size of the mailbox. The applicant will consult with Tracy Ruzicka "off line" to complete his application properly.

3. Ernest Klopping (SEQRA process)
377 Ruskey Lane
SBL: 6366-00-256522
The applicant's attorney made a lengthy presentation, describing the benefits of locating the dismantling and restoring of cars inside a 40' x 80' building with a concrete floor. The Planning Board agreed to be lead agency for the SEQRA review and now the process should begin.

COMMENT: The applicant has been in operation a very long time and cannot produce any records of how many vehicles were reconditioned or serviced over the years. No records are available for the disposal of special waste (motor oil) and flammable waste (gasoline). Further, if the restoration process requires acetylene torch metal cutting and welding, a potential explosive hazard could exist in the proposed building without proper ventilation, containment, and storage of these materials. It might be that the applicant is currently operating an unlicensed, improper auto service and repair facility. It is also possible that the applicant exceeded the small generator exemption for hazardous waste (depending upon the number of vehicles serviced). Adjacent neighbors Mildred and Ed Jacomy are very concerned about this facility. The applicant was asked to provide a $3500.00 escrow for an engineering review and other professional services, which this application will require.
4. McCulloch Subdivision
316-320 Clinton Hollow Road
SBL: 6466-00-198482
The applicant was unhappy that he was not grandfathered for the non-conforming use of his property. The lot size is too small for 5 acre zoning. The applicant is going to appeal to the ZBA.
5. Craige Subdivision (review and comment)
SBL: 6266-00-864210 and SBL: 6266-04-902046
The Town of Pleasant Valley provided a one page submission with no site map or details. The Planning Board will request additional information before conducting a review.

submitted by Harvey Podolsky

REPORT ON THE PLANNING BOARD MEETING,
DECEMBER 18, 2007

Crimson Hill Estates Subdivision
Bulls Head and Centre Roads
SBL: 6469-00-506400
This site was previously approved for development with a conservation easement/buffer zone of trees and brush between the eight home sites and Bull's Head Road. Several weeks ago, during the construction of the road leading to the houses, the conservation easement between the house sites and the road was cleared, including the destruction of many old trees. The Town required the owners cease work until the site was stabilized, and required the replacement of trees and shrubs that had been cleared.

The applicant's attorney and engineer stated that the stabilization plan had been put into effect, and access to the site had been blocked. Wood chips had been spread around the bare soil to stabilize it. The representatives stated they had contacted a recommended arborist abut the replanting of trees, but that person was not immediately available. Hence, they spoke to another professional who recommended planting three rows of trees (alternating red maple and eastern cedar) in the spring. The representatives requested Board permission to resume work on the site, contingent on a set of safeguards that the applicant proposed: they proposed to stake the site with orange plastic fencing to ensure that construction would be appropriately contained. They proposed the Board not approve building permits until all other work had been done correctly. They also said they would notify the Town each time work was to take place on the site. Furthermore, they would require the contractors to sign a contractual rider regarding liability for any damage done to the site.

Planning Board members objected to the fact that the proposed replacement trees were only 7 feet high, when some of the trees taken down had been many decades old, and the land was essentially “devastated”. They suggested that 30-foot trees would be more appropriate restitution of the land and the incursion onto the conservation easement.

The applicant's representatives, supported by the Town engineer, stated that the plan was not to repair the damage, but only to stabilize the site. Furthermore, they did not want to delay the project by waiting until spring to plant the trees but wanted approval to proceed now. Planning Board members stated that because this was the third time there had been a problem on the site, they were concerned about green-lighting the project again. [Comment: The Town should consider retaining a consultant to determine what is needed to repair the site and restore it to its prior condition. This consultant should be paid from the applicant's escrow account.]

The Town lawyer stated that there were no actions that could be taken. The applicant's lawyer told the Board that Clinton's regulations have “no teeth” and the Town needs to revisit its subdivision regulations. The applicant's engineer agreed there should have been a pre-construction meeting before any work began and there was not. He also stated that he and his firm would not be able to monitor construction on a daily basis. However, he said, 85% of what needs to be cleared had already been cleared. The Board asked who was responsible for the construction, but they did not receive a definite response. The Board stipulated they would need to know who was the responsible manager before any decision could be made.

A Planning Board member noted that because of the violation of the earlier approvals a Public Hearing was required before approval could be reissued. [This had been stated at the last meeting where Crimson Hill was discussed.] The approved plan had been designed to protect the rural character of Clinton, and the work to date on the site had done the opposite.

Gerald Thorpe
121 N. Creek Road
The applicant did not appear.

Contarino Subdivision
90 Fiddlers Bridge Road and Browns Pond Road
SBL: 6267-00-906504
The owners of the lot are proposing to subdivide their land, leaving the existing house on 1.51 acres of land, and converting a newly constructed barn to a new home on the remaining 6.36 acres. The construction of the barn had been approved, but had earlier been halted when its size exceeded the approved plans.

The Planning Board asked whether significant habitat would be affected by the subdivision. The response was that no further exterior construction would be undertaken, with the exception of a septic system and well. The Scenic Roads committee had noted the absence of a driveway on the plan. The owners stated that they would use the existing driveway.

The subdivision received preliminary and final approval.

submitted by Bronwyn Bevan

REPORT ON THE TOWN BOARD MEETING, DECEMBER 11, 2007
All members of the Town Board were present for this meeting: Ray Oberly (Supervisor), Mike Appolonia, Dan Budd, Jeff Burns, and Frank Venezia. The first matter on the agenda was a presentation by the Comprehensive Plan Review Committee on a portion of the information gathered from the Town survey conducted earlier this year. This was just a presentation without time scheduled for response or interaction. 486 surveys were returned to the Committee. Below is a brief listing of some of the information that was presented:

98% of respondents agreed Clinton's natural beauty is one of its greatest assets.
97% of respondents agreed Clinton's rural character is one of its greatest assets.
89% of respondents agreed that Clinton's roads are well maintained.
35% of respondents agreed that a bypass road should be built around Pleasant Plains and Frost Mills.
29% of respondents agreed that a bypass road should be built around Clinton Corners.
56% vs. 37% of respondents agreed that development is not sufficiently controlled in Clinton.
52% vs. 41.5% of respondents agreed that enforcement of Town regulations is not sufficient.
93% of respondents agreed that developers should be required to help maintain the Town's rural character.
84% of respondents agreed that there should be an architectural review process.
61% of respondents agreed that the Town government is responsive to its citizens.
77% of respondents agreed that there are adequate outdoor recreation facilities in town.
77% of respondents agreed that the Town should help finance conservation easements.
A significant majority believe there is no need to expand Town Hall.

During the Public Comment period Norene Coller announced that the CAC was awarded a $10,000 Greenway Grant for Open Space Planning. They are now applying for a Farmland Protection Grant of $25,000. The Town will provide $8,333 in funds and/or in-kind services if the Grant is awarded. Harvey Podolsky expressed the need for zoning regulations concerning the clear cutting of trees and fencing of property. He also stated the Town regulations need more "teeth" to support the enforcement of existing rules. Joel Tyner expressed support for protecting the rural character, natural beauty, and farmland of the Town.

Before the discussion of Old and New Business several board members and Town residents spoke to express their appreciation and thanks to Ray Oberly, presiding over his last Town Board meeting, for his many years of dedication, hard work, and service to Clinton.

submitted by Blanche Rubin

The following is a short summary of the meeting. For all of the details click here

VARIANCE RECOMMENDATIONS:
1. John Robertshaw
43 Field Road
SBL #6569-00-19810
This is a 183 acre lot on the corner of Field Road and Bulls Head Road, which has recently received a great deal of attention for the length and height of a wooden fence that has been constructed along both road frontages. An area variance was sought because the owner intends to change the current barn to the primary residence and a cottage to an accessory structure. The Board made a positive recommendation.

APPLICATIONS:
1. Gail Decker
8 Orchard Street and 7 Lake View Road
SBL #6469-00-334631 and # 6469-10-336641
The applicant plans to combine the two parcels.

2. Farmview Estates
105 Field Road
SBL # 6570-00-039059
This is a subdivision that has been in the planning stages for the past year. The applicant was applying for approval to relocate some of the driveways.

REPORT ON THE PLANNING BOARD MEETING,
NOVEMBER 20, 2007
Variance Recommendations
Marcie Goldstein
25 Seelbach Lane
A variance has been requested by Calypso Farms to build an addition (for new stalls) to an existing barn. The applicant stated that the new stalls will house existing horses and will not lead to an increase in horses on the farm. Because the existing barn is a nonconforming structure (it is within 60 feet of the lot line) a variance is needed for the new construction; the new construction itself will be about 160 feet away from the lot line. Usually a 200 foot setback is required for animal buildings. The applicant had not been informed by the ZEO that the existing structure might also need to receive a variance.

The issue of whether or not the facility is a stable or a riding academy emerged. The answer to this question might mean that the construction and the variance issues would fall under different sets of rules. The issue needs to be clarified, according to the Planning Board. The thinking was that if the barn provides classes to people who do not board or lease a horse from the Calypso, then the facility is a riding academy. A riding academy needs a special use permit. This may or may not affect the variance request, depending on whether or not there are any violations with respect to being a riding academy.

The applicant was requested to provide a new site plan because there had been a significant lapse of time between the initial application and this meeting. The Planning Board made a positive recommendation for a side yard setback from 200 to 60 feet to build an addition to the existing structure, with a note that the existing building is not in conformity (too close to the lot line) and also that there is a question about the use and categorization of the facility.

Applications
1. Michael Peterson/Michael Sacks
457 Browns Pond Road
A lot line adjustment was requested, so that Peterson could purchase 3.5 acres from Sacks, adding it to an existing contiguous 2 acres already owned by Peterson. This district is zoned for 5 acres. The intention is to build one house on the new 5.5 acre plot of land. The 5 acre strip of land will be about 260 feet deep, running along the roadside. Zoning requires a setback of 100 feet in the front, and 75 in the rear, so a house will just fit into this plot. The house will be placed on the newly purchased 3.5 acre part of the land. The 2 acres already has BOHA.

A question about whether or not Browns Pond Road is a user road or a town road emerged, and the applicant was asked to get the answer to the question. The applicant was asked to put both owners' names on the map, and to create a map showing both before and after the lot line adjustment. The applicant was asked to show where the house and other structures would be placed so that it was clear whether or not setback requirements would be met. The Planning Board said that it did not want to unknowingly approve a plan that would necessitate later requests for variance.
The applicant was asked if there were any wetlands and replied no. The lot is wooded and trees will have to be removed for the house construction. The engineer representing the applicants asked if a public hearing was required and the response was that it was not required for a lot line adjustment.

2. Omega Institute
150 Lake Drive
The applicant is seeking site plan approval to create a new water treatment plant with subsurface disposal. The old water treatment plan will serve as a backup facility. No new roads will be required and the plan should have minimal to no viewshed or traffic impacts. See previous reports on this application from the September 4 and October 2 Planning Board meetings.
The Planning Board approved the site plan contingent on the project being developed in accordance with the plan, any modifications receiving additional approval, and the applicant receiving DEC approval for wetlands. It was suggested that the Board schedule another public hearing for this project.

3. Baker Subdivision
127-143 Browning Road
The applicants did not appear and this item was removed from the agenda.

Submitted by Bronwyn Bevan