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


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


REPORT ON THE CONSERVATION ADVISORY COUNCIL (CAC) MEETING
APRIL 17, 2008

1. CAC Chairperson Norene Coller gave a summary of a recent meeting at the Dutchess Land Conservancy in which biologist Russell Urban-Mead spoke about water–related issues. Among the most compelling were: changes in drinking water standards; how to deal with caffeine, personal care products, and pharmaceuticals in water; and requiring well pump tests for all projects.

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.


REPORT ON THE PLANNING BOARD MEETING
APRIL 1, 2008

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


REPORT ON THE PLANNING BOARD MEETING,
JANUARY 15, 2008

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.

NON-AGENDA ITEM: Update on Crimson Hill Subdivision
Bulls Head and Centre Roads
SBL: 6469-00-506400
An arborist's review of the proposed remediation of the site was requested by Neil Wilson, Town Planner. The arborist's document was very informative concerning the procedures and regulations that should be enacted by the Town Board regarding all future subdivision applications and post-plan approval procedures. What is not defined in the review is the size of the replacement trees for this project.

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


MINUTES FROM THE PLANNING BOARD MEETING, DECEMBER 4, 2007
ClintonUnited.org does not have a member-generated report on this Planning Board meeting, but the good news is that after a 6-7 month hiatus the Town of Clinton website is again posting minutes for the Planning Board and Zoning Board of Appeals. Congratulations to Arlene Campbell, Planning and Zoning Board Clerk, for accomplishing this gargantuan task.

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


REPORT ON THE TOWN BOARD MEETING, NOVEMBER 13, 2007
There were only three Board members present at this meeting: Ray Oberly, Jeff Burns, and Frank Venezia. There was very little discussion of any of the items on the agenda and the meeting was over in 45 minutes -- unusual for our Town Board! Some of the more pertinent matters that arose were:

-- The presentation of an update on the Comprehensive Plan Survey information was postponed to next month's meeting.
-- Ray Oberly in presenting the Building Inspector's report commented, "Construction is booming in Clinton."
-- The Town's 2008 Budget was adopted, without additional discussion.
-- The Board approved the addition of 5 more members to the Comprehensive Plan Review Committee, a move that was needed to broaden the base of support and representation of the community. The new members are Donna Shellhammer, Roger Hof, Ronald Brand, William Dickett, and Anthony Carvalho. That brings the total number on the Committee to 11.
-- During the Public Discussion period a community member emphasized the need for enforcement of speed limits in town. Another community member presented a proposal for requiring developers and others to post larger escrow amounts than currently required when submitting applications to the Planning Board and/or Zoning Board of Appeals. These additional fees would be used to cover the costs of additional site inspections, lawyers and consultants when needed by the Town to enforce building and zoning codes.

submitted by Blanche Rubin


REPORT ON THE PLANNING BOARD MEETING, NOVEMBER 13, 2007
Variance Recommendations

1. Thomas Stalker
719 Pumpkin Lane
SBL: 6468-00-752738
The applicant is seeking area variances on two existing lots. The applicant intends to turn the rear lot, which does not have road frontage, into a flag lot. Variances will be required to facilitate the lot line alteration that will create the flag lot. The variances relate to front and side setbacks and lot width -- one variance sought will allow a lot width of 200 feet where the applicable zoning provision requires 400 feet. The Board determined that the surrounding lots were predominantly non-conforming with respect to width and that the requested relief would therefore not have a significant impact on the neighborhood. The Board voted to issue a positive recommendation with respect to the variance applications.

2. Marybeth Meyer
35 Oak Grove Road
SBL: 6466-00-579876
The applicant is seeking an area variance to place a pole barn near the back edge of the property. The Board noted that there were two open building permits relating to the applicant's property for a pool and a storage building. The applicant stated that he was not aware of any open permits. In addition, the Board determined that the applicant needed to obtain a special permit for an accessory apartment on the property before the variance request can be considered. The applicant was asked to rectify the building permit issue and to apply for a special permit for the apartment. The Board did not take action on the variance recommendation.

Public Hearing
Contarino Subdivision
90 Fiddlers Bridge Road
SBL: 6267-00-906504
Applicant wants to create a two-lot subdivision comprised of a 6.36 acre lot and a 1.15 acre lot. The applicant stated that he will live on the premises and does not presently intend to sell either lot. There are two existing structures on the property, one of which will be renovated to make it habitable. As a result of the subdivision, the structures will be on separate lots. Per the applicant, no further building or subdivision is contemplated. A neighbor submitted a comment expressing concern over any encroachment into the existing wetland. The applicant stated that a DEC wetland on the property will not be disturbed. The hearing was thereafter closed, but the Board can not take further action until a long form EAF is submitted.

Applications
Ultimate Builders
Talleur Lane
Applicant owns about 16 pre-existing lots which he is seeking to develop. The lots are non-conforming, but per the town ZEO are grandfathered and therefore legal. However, they are not buildable in their current state because they lack road access. (There are also about six lots in the subdivision which already have houses on them.) The town has indicated that it does not wish to accept dedication of a town road serving the development. Accordingly, the developer will seek to have the property designated an open development area by the Town Board which will allow it to be served by a private road. The developer will draft a road maintenance agreement and create a Homeowners Association to provide for maintenance of the road. The existing houses, as well as the new lots, will be served by the proposed road. In connection with the request to create an open development area, the Town Board will seek comments from the Planning Board. (Comment: This process is governed by Section 280 of the New York Town Law. According to the Board chair, it has never been done in Clinton before.)In addition, the developer will build a wastewater treatment facility to serve the development. The structure will consist of a 10' by 30' building with an evergreen buffer. The developer contemplates that the Homeowners Association will contract with an outside operator to maintain the facility; the property owners will pay rates set by the Town Board. There was some discussion concerning the proposed site plan for the wastewater facility and comments from the Town Engineer. The Board expressed some concern regarding the construction and maintenance of the facility. The Board will not take further action on the application until the applicant has obtained the open development area designation from the Town Board.

Non-Agenda Item
Crimson Hills Subdivision
Bulls Head and Centre Roads
Please see the notes of the October 2 and October 16 Planning Board meetings for additional background on this project. The applicant previously received conditional final approval for an eight-lot cluster subdivision with a buffer area around the subdivision, which was to have been placed in a conservation easement. Pending final approval, the applicant requested and obtained a waiver from the Planning Board authorizing limited clearing and preliminary work on an access road. The excavator working on the site cut down trees and cleared areas that encroached into the buffer and easement areas. The applicants' representatives presented to the Board a proposed remediation plan, designed to stabilize the site and restore the buffer with evergreen trees. The Town Engineer and a Board member who had visited the site confirmed that there was substantial disturbance of the buffer zone and that the site had not been staked to ensure compliance with the approved plan. Neighbors who attended the meeting expressed concern and others have apparently communicated with the Planning Board chair. The Town Planner has advised that no further activity on the site should be authorized until the issue of remediation has been addressed.
Individual Board members expressed concern and dismay regarding the situation and noted that the Board has been unusually accommodating to the applicant. The chair noted that the priority now should be to stabilize the site before winter. The Board directed the Town Engineer to meet with the applicant's engineer to review an erosion control plan before work begins to stabilize the site. The Board will collect additional escrow funds from the applicant for this purpose. In addition, the Board discussed having a landscape professional or arborist consult on the remediation plan and will seek written comments from their Planning Consultant regarding this matter. The Board stressed the importance of staking the site to ensure future compliance with the approved plan. (Comments at the meeting suggested this was the second violation on the site, but specifics were not provided regarding the prior incident.) There was also discussion about supervision of the site going forward.
The Board drafted and passed a resolution suspending all work on the site except that necessary for site stabilization, erosion control, and staking of the buffer and other boundaries. A Public Hearing will be held regarding the remediation plan after it has been resubmitted and reviewed by the Board's consultants.
submitted by Paul Thomas

ZBA MEETING REPORT, OCTOBER 25, 2007

There were two items on the meeting agenda for the ZBA on October 25th relating to a lot line adjustment at 531/543 Browning Road. Both parcels need setback variances to proceed with the lot line change. The Board began the review of the application for these parcels during the September ZBA meeting. The application was open for public comment and remains open for public comment. Neither applicant appeared for the October meeting. The Board then moved on to the approval of minutes from previous meetings.
submitted by Bronwyn Bevan

REPORT ON THE PLANNING BOARD MEETING, October 16, 2007

1. Crimson Hill Subdivision
Bulls Head and Center Roads
SBL: 6469-00-506400
There was a “special” Planning Board meeting on Wednesday 10/10/2007, when this project was reviewed. The subdivision consists of 8 lots that will include a cul-de-sac and road construction. The project will have to obtain approval from the Town Board. However, the current plans seem to be in compliance with what was agreed to 10/10/2007. There remains the issue of steep slope development. The project was granted conditional final subdivision approval.

2. Omega Institute Waste Water Treatment Plant (site plan approval)
150 Lake Drive
SBL: 6368-00-938723
The site plan is being finalized for approval at the next Planning Board meeting. The applicant will be required to comply with all NYS DEC recommendations as listed in the Rebecca Christ memo. This includes protecting Blandings turtles and crickets on the site. The total area of the site is 4.5 acres, with a developed area of 1 acre.

3. Fiddlers Bridge LLC Subdivision
54 High View Lane
SBL: 6367-00-383962
A driveway permit and 4 waivers were resubmitted for approval. Lot #2 still has issues with Federal wetlands and will require buffers. The site plat did not show rock outcroppings or significant trees. It was decided that trees 18” or more in diameter will be considered “significant trees”.

The attorney for the applicant made a presentation and was under the impression that a consensus was needed between his client and the Planning Board. The issue of Blandings turtles and the NYS DEC letter of recommendations continued, with the attorney claiming that the NYS DEC made recommendations not requirements. Planning Board Chairman McCormack pointed out that the NYS DEC letter instructed any approving agency to incorporate the recommendations listed in the letter as conditions of any approval. That while no turtles were found in one study, it did not mean they were not present or the habitat not suitable.
The issue of clear cutting of trees was discussed. It became clear to me that while a conservation easement was agreed to, which will make the area appear to be wooded, the future owners of the lots might still clear the trees to have expansive lawns, tennis courts, pools, etc. Final subdivision approval was granted subject to 10 conditions. [Comment: Strict zoning regulations that ban clear cutting of trees, scheduled site visits by the Town Engineer during construction, and review by NYS DEC Dept. of Forestry should be adopted by the Town with costs borne by the applicants/developers.]

4. Cookingham Subdivision
Schultz Hill Road
SBL: 6368-00-420610
This subdivision consists of 38 acres divided into three lots of 5.92 acres, 7.52 acres, and 26.82 acres. The subdivision is family owned and is to be occupied by family members. Escrow of $599.00 was requested.

submitted by Harvey Podolsky

REPORT ON THE PLANNING BOARD MEETING. OCTOBER 2, 2007
Variance Recommendations

None

Public Hearings
None

Applications
1. Omega Institute (site plan approval)
150 Lake Drive
SBL: 6368-00-938723
Omega is seeking site plan approval for a waste water treatment plant to serve its campus. (See report on September 4, 2007 Planning Board meeting for additional details on this application.) The Board noted it had received comments on the proposal from its planning consultant and the town engineer, and was waiting for responses to the comments from the applicant's engineer. The applicant will have those responses submitted before its next appearance before the Board.
Omega's representative presented some additional information concerning the proposed facility. The building will not be visible from the public road or the adjoining lake. Omega does not propose to add any new landscaping or signage and the building will utilize down lighting where necessary. The structure will be contemporary in style, with a metal roof and a renewable wood facade. The building will have solar panels and is intended to be carbon neutral (i.e., self-sufficient with respect to energy consumption). It will have geothermal heat and air conditioning. Wetlands created by the associated leaching fields will support natural vegetation around the site. A turtle barrier will be maintained around the site and native species in the area have been inventoried. Construction and disposal of construction waste will be monitored. Building materials will be renewable and locally obtained.
The Board tentatively placed the applicant on the October 16th agenda for a discussion of the engineering comments and possible conditional approval of the application. The Board took no formal action on this application.

2. Meadowbrook Subdivision (preliminary plat approval)
Meadowbrook Lane
SBL: 6366-00-766326
Applicant is seeking preliminary plat approval for a two-lot subdivision. The applicant received a report from the National Heritage Program indicating that Blandings turtle habitats are located within .6 miles of the site. The applicant stated that these findings did not necessitate any material changes in the proposed plan and that the report's recommendations have been incorporated in the plat. The Board confirmed that the findings should be submitted to the NYS DEC for comment. The Board has also received comments from its planning consultant which must be addressed by the applicant, in consultation with the planning consultant and the town engineer. There was a brief discussion concerning the pond on the property and whether it would be the subject of an easement or jointly maintained by the property owners. The matter will be placed on a future agenda when the open items will be addressed. The Board took no formal action on this application.

3. Federation Fish and Game Clubs (site plan approval)
Fifth Avenue
SBL: 6469-00-301623
Applicant is seeking site plan approval for a recreation area and associated parking lot near Silver Lake. The matter was previously before the ZBA and there was a discussion concerning the ZBA's findings. It was decided that the ZBA had determined that the lot was pre-existing and non-conforming, but made no findings concerning the prior use of the property. The property was purchased about five years ago and is vacant. In the C zoning district, use as a recreation area is permitted with site plan approval. However, the Board noted that since the parcel did not meet the minimum acreage requirements for the district, an area variance (and possibly other variances) will be required. The applicant evidently submitted an informal sketch of the proposed site plan. The Board noted that the plan itself will need to be prepared by a licensed surveyor or engineer.
The chairman directed the applicant to meet with the Board's planning consultant, the town engineer, and the ZEO to determine what submissions will be necessary and what variances will be required. The Board set an escrow of $1500 to cover these initial consultations. The applicant will need to obtain any necessary variances before the site plan application can be considered by the Board. [Comment: The Silver Lake Property Owners Association has already submitted a letter to the Planning Board raising significant concerns about parking and traffic, use of the lot for a boat launch, the potential for increased noise and pollution, town liability, and the invasion of privacy, among many other issues.]

4. Novak Subdivision (sketch plan approval)
312 Browning Road
SBL: 6366-00-808600
SBL: 6366-00-871602
Applicant is seeking sketch plan approval for a four-lot subdivision. The applicant submitted a new plat and a report from the National Heritage Program regarding Blandings turtle habitats on or near the property. The applicant has mapped and flagged the Federal wetlands on the property. The Board discussed whether the proposed well sites will need to be relocated to avoid the wetlands. There is no current restriction on building adjacent to Federal wetlands. [Comment: proposed amendments to the town zoning code will impose such restrictions.]
Easements to allow the proposed driveways will need to be reviewed by the town attorney. The Board will obtain comments on the new plat from its planning consultant and the town engineer and will review comments from the DEC on the Blandings turtle study when they are received. The Board took no formal action on this application.

5. Crimson Hills Subdivision (non-agenda item)
Bulls Head and Centre Roads
The applicants previously received conditional final approval for an eight-lot cluster subdivision on about 44 acres. One of the conditions for final approval was obtaining a conservation easement on the reserved open space in the subdivision. As required by the applicable zoning provisions, the conditional approval required that the easement be held by a third party (i.e., a land conservancy). The applicants requested a meeting with the Board because of difficulties they have had obtaining the easement. They informed the Board that Dutchess Land Conservancy had refused the easement outright and that Winnakee Land Trust had imposed numerous conditions for taking it, including a $20,000 fee, architectural review of the houses to be built, no paved driveways allowed in the subdivision and siting of houses so that they cannot be seen from the road. Applicants are unwilling to agree to these conditions and are seeking guidance from the Board as to how to proceed.
The Board noted that the cluster provisions in the zoning code require that a third party hold the easement and that this was the first project in town where this requirement has been imposed. Several members questioned the applicants' unwillingness to accede to Winnakee's conditions for holding an easement. The applicants stated that they would not agree to architectural review, particularly because Winnakee would not provide a time limitation on such review, and that the other conditions were also unacceptable. There was discussion concerning whether the town could hold the easement and the applicants stated that their understanding was that it could not. [Comment: The CAC chair noted at the meeting that several other towns have begun to accept such easements and that the Northern Dutchess Alliance will have a program soon to address this issue.] The Board discussed restrictive covenants and how they are enforced. Such an option would leave enforcement to individual property owners. Some Board members felt this option offered less protection from potential violations than a third party easement.
The town attorney's office has reviewed the matter and has offered three possible alternative options: formation of a Homeowners' Association, dedication to the town, and private ownership of the parcel (presumably with interlocking restrictive covenants in the respective deeds). The chairman indicated that the Board will need to consult with its planning consultant and the town attorney regarding the suggested alternatives. Such alternatives would entail the Board waiving the requirements in the zoning code and altering the terms of the original approval. Despite arguments from the applicants that time was of the essence, the Board determined that it needed more information and guidance before making its decision. Accordingly, the Board discussed scheduling a special meeting on October 9th with its planning consultant and the town attorney to discuss the applicants' request. If the consultants are available, the meeting will be held then.

Submitted by Paul Thomas

REPORT ON THE PLANNING BOARD MEETING, SEPTEMBER 25, 2007
VARIANCE RECOMMENDATIONS:


1. Nancy Packes, 37 Stissing View Drive
SBL: 6469-00-070585
The applicant was seeking approval for the extension of an existing barn to build a master bedroom. At issue was which structure was to be considered the primary residence. There were also questions about the size of accessory residence buildings. The property, 26 acres, is of non-conforming use. The septic system is in a "C" district protected aquifer and will need BOH approval and a Building Permit. The Planning Board granted a Positive Recommendation.

PUBLIC HEARINGS:
1. Fiddlers Bridge (Continuation of preliminary plat), 54 High View Lane
SBL: 6367-00-383-962
This is a 3-lot subdivision that has been before the Planning Board a number of times recently. Concerning the issue of Blandings Turtles, the applicant's attorney continued his presentation and glossed over this matter and the response from the DEC (letter dated 8/28/2007, addressed to Richard Hamback, L.S.). The applicant's consultant did not find any Blandings Turtles on the property and the attorney stated that the DEC did not criticize his report. However, the DEC letter did contain a paragraph that stated, "The fact that an individual survey did not find turtles is not proof they are not utilizing the site." The letter went on to require the Town to include mitigation measures as well as Individual Water Quality Certification. The letter contained an attachment of Recommendations To Be Followed. The Public Hearing was closed. Additional issues remain to be resolved: steep slopes on lots #1 and #3, "C" district protected aquifer, erosion control for driveway, dryland crossing of pond, culvert crossing, long form EAF (Environmental Assessment Form) to be filed. Sarah Love of the Conservation Advisory Committee (CAC) made comments regarding numerous environmental issues.

2. Jonathan Walsh (Lot Line Adjustment), 504 Browning Road
SBL: 6366-00-870942
6366-00-845984
6366-00-869902
The applicant is seeking to merge 1.8 acres with 2.7 acres of adjacent property being sold by the current owner. The application was approved.

APPLICATIONS:
1. Nextel of NY - Wireless Communications Tower, Germond Road near the Taconic Parkway
SBL: 6567-00-209058
The Planning Board reduced the tower to a height of 80 feet. There was discussion of fencing and creating the appearance of a barn type structure. The application was approved.
2. E.L.F Custom Builders, Inc. (Sketch discussion for a 4 lot subdivision), Hollow Road
SBL: 6467-00-349158
The land is totally wooded and not accessible to be surveyed by the Planning Board. One significant issue is a scenic ridgeline. Discussions seemed to lead to the conclusion that the site has many problems and may not be able to support more than one lot on its 43 acres. Another major issue is access to the lots. Either a new Town road or common driveways would need to be built. The Planning Board suggested the applicant reconsider their plans.

submitted by Harvey Podolsky

REPORT ON THE TOWN BOARD MEETING, SEPTEMBER 11, 2007

Five Board members were present: Ray Oberly, Jeff Burns, Mike Appolonia, Dan Budd, and Frank Venezia.
During the period for public discussion of agenda topics, town residents spoke about the following matters:

-- A short history of the Town Assessor office holders since the 1990s was presented and support for reappointing Garth Slocum as Town Assessor was offered.
--Support was recommended for linking to the CAC (Conservation Advisory Council) from the Town website.
-- Support was expressed for the Town to formally accept all conservation easements.
-- Concerns were detailed regarding the Town abandoning Willow Road, which has now become a dead end, near the Taconic Parkway. One of the current residents on that road asked: whose responsibility will it be to maintain the road, to plow it, and so forth?
During the Board members' reports on the activities the following points seemed pertinent to Clinton United's concerns:
-- The CAC is developing an Open Space Plan through one of its subcommittees.
-- The Zoning Administrator has the right to fine people for zoning violations. But it would seem to this observer that the fines are not sufficiently high enough to discourage violations.
-- The Comprehensive Plan Review Committee meets on the first Monday and the fourth Thursday of the month at 7:30 in Town Hall. Their next meeting will be Monday, October 8th. They would like to encourage more community involvement and input at their meetings. They also hope to present the results of the community-wide survey at a Town Board meeting, perhaps at the November meeting (11/13).

OLD BUSINESS:
1. The abandonment of portions of Town User roads was discussed. The following actions were taken: Old Bulls Head Road - passed; East Halsted Road - passed; Willow Road - delayed action; Lakeview Drive - passed.
2. Purchase of a new work utility vehicle (a Bobcat T5600) for $16,750 was discussed and passed.

NEW BUSINESS:
1. The well water (drinking water) at Frances J. Mark Memorial Park is contaminated with a coli form of bacteria, probably from surface water entering the well. Following discussion of possible remediations it was decided that Dan Budd would follow up and recommend action.
2. Inclusion of a link to CAC material on the Town website was discussed. Some thoughts that were expressed: the Town should not provide links to unknown websites, the CAC material would have to be reviewed, most information would be valuable to share. No action was taken.
3. There was a short discussion of conservation easements that would apply to buffer zones around subdivisions and common "open space" zones owned by Homeowners Associations. It was agreed that a plan for this purpose should be fully developed and considered at the November meeting.

PUBLIC DISCUSSION
Town resident Pat Riley spoke about a petition to halt construction of a 10-15 foot high stockade fence on Field Road, which was submitted to the Town Board on August 14th. She asked if any action was forthcoming. The response was that the Zoning Administrator had just completed his report and it has yet to be reviewed. Ms. Riley expressed the concern: "If this can happen on one road, it can happen all over town." Another resident spoke to the same point.

submitted by Blanche Rubin

REPORT ON THE PLANNING BOARD MEETING, SEPTEMBER 4, 2007
VARIANCE RECOMMENDATIONS:


1. Richard & Patricia Brown, 407 Fiddlers Bridge Road
SBL: 63368-00-452107
The applicants were applying for a side yard variance to allow them to build a garage. This was their second appearance before the Planning Board. The Board issued a Positive Declaration subject to some updating to the submitted site plan. The variance will allow the owners to have a 21' side yard from the new garage structure.

2. Jonathan Walsh, 504 Browning Road
SBL: 6366-00-870934
6366-00-845984
6366-00-869902
The applicant wants to create a 2-lot subdivision. Part of the application involves a swap of two equally sized parcels between Betty Davis and the applicant. The applicant's final lot will consist of approximately 7.15 acres. Mr. Walsh did not have all of the needed documentation completed but the Board very graciously walked the applicant through the process to be followed. They issued a Sketch Plan approval subject to the correct documentation being received by the next Board meeting.

PUBLIC HEARING:
Omega Institute (application for Site Plan approval), 150 Lake Drive
SBL: 6368-00-938723
The Public Hearing was to allow for public feedback and questions, and to gain Site Plan approval for an “environmentally friendly” water treatment plant to service the Omega property. The applicant reported the following: (1) The plant is designed to process approximately 50,000 gallons of waste water per day; Omega now produces approximately 26,000 gallons per day. (2) The plant will cost approximately $2,600,000. (3) It will, additionally, be used as a learning center for an extended program on environmentally sustainable living, which will be a new program at Omega. (4) The new system and combined old system will be able to operate as three separate independent systems. These independent systems will include: a) the new plant with a new wetland leaching field, b) the new leaching field without the new processing plant, and c) the old [pre-construction] leaching field. The applicant explained that if the plant were to fail that either the new leaching field or the pre-construction existing leaching field could handle the waste water and that both “backups” would be in compliance with county, state, and federal regulations.

The Town engineer was present at the Public Hearing and said he had not received a complete set of plans prior to the meeting and therefore did not have extensive comments to make. The Planning Board members and members of the public asked a good number of questions, all of which the applicant answered to the apparent satisfaction of the Board and public. This reporter believes, however, that two discussed issues were not fully resolved with the best outcomes for the Town.

It was suggested by this reporter that the Planning Board should include in its Site Plan approval a recommended inspection plan whereby the Town of Clinton would be supplied with reports by a 3rd party consultant on a regular basis, including an analysis of the effluent released by the processing plant. This would provide a safeguard for the Town considering that Omega will be depositing daily, at minimum, an estimated 25,000 gallons of waste water into a leaching field that will eventually drain into the aquifer that supplies many homes in Clinton with their drinking water. The Planning Board responded that inspections made by the Health Department would be sufficient and, furthermore, that reviewing inspection reports was not within their realm of responsibility. It was argued by this reporter that if the Town is satisfied in the future with the inspections by the Health Department, it can always suspend the inspection requirements of the 3rd party consultant.

In the second issue, the applicant stated there would be two backup systems to the water treatment plant. If there were a system failure, the two leaching fields (backups) would be used by making adjustments to a system of directional valves. Considering the importance of these backup systems, this reporter recommended that the Town should be supplied with a letter from the treatment plant's engineering firm certifying that the backup systems are operational at the completion of construction. The Town should also request that the Health Department review the plans for the backup systems and report back to the Town if these systems will indeed comply with all Health Department requirements in the event of a plant failure.
It appeared these two issues were not perceived to be highly significant to the Planning Board. It seems they have faith that everything will be properly handled by the Health Department and/or DEC. If however any of these points are missed by the Health Department or DEC and the Town misses its opportunity to have these safeguards built into the project, this could be tragic for the Town in the event of an environmental calamity in the future. There would seem to be no logical reason for the Town not to require these safeguards. Furthermore, if the Town requires the inspection reports and requires the applicants to obtain certification of the operation of the backup system, all of these costs would be borne by the applicants.

APPLICATIONS:
1. Blanche Rubin (Sketch Discussion), Schoolhouse Road
SBL: 6267-00-906504
The applicant appeared before the Board to clarify the procedures to be followed in dividing one parcel into three and merging them with existing tax lots. The joining of parcels is for the most part standard and no issues appeared that would be in conflict with Town regulations.

2. Contarino Subdivision (Sketch Approval), 90 Fiddlers Bridge Road
SBL: 627-00-906504
The applicant wishes to create a 2-lot subdivision on 7.15 acres in a RH Zoned area. Details need to be worked out with the Planning Board and no objections were made to this application.

3. Greatstone Subdivision (Sketch Approval) (property was incorrectly presented on agenda as Whitestone), Ruskey Lane
SBL: 1324-00-300690
The applicant had presented plans to the Planning Board at a previous time. The new plan was to create a 9 lot subdivision on some 53 acres of land. The submission was not viewed positively by the Board because it did not answer the questions previously raised. Many questions still remain unanswered, including: the proper use of common driveways, steep slope issues, storm water mitigation, site distance for road access, the need to review a cluster plan, etc. The Board asked for these and other issues to be clarified in order to determine if they were in compliance with Town of Clinton zoning and master plan regulations.

4. Sinnott Subdivision (Final Approval), 564 Schultzville Road
SBL: 6567-00-274252
This was a Final Approval of a subdivision for 3 lots containing 27, 17, and 5 acres. The Board required some minor additions to the plan. It was approved, subject to being updated.

Submitted by David Goldin

REPORT ON THE PLANNING BOARD MEETING, AUGUST 21, 2007

Vansteenburg Subdivision, 354 Ruskey Lane
(variance recommendation)
The applicant is contemplating a 3-lot subdivision and may require two side line variances before the subdivision plans can proceed. There is an existing house and an apartment on the site. The Planning Board discussed the minimum acreage requirements given that there is an accessory apartment. There was also discussion of the minimum lot widths if the subdivision proceeds and whether one of the proposed lots has sufficient area, not covered by water, to meet the town's zoning requirements. The board referred the applicant to the Town ZEO for a discussion of the zoning issues presented and took no formal action.

Joe Kelly/Mid Hudson Renovation, 543 Browning Road
(variance recommendation)
The applicants are seeking side line and front line variances preliminary to seeking a lot line adjustment. The adjustment is being sought because a patio and retaining wall on one lot encroaches onto the neighboring lot. The proposed adjustment involves small fractions of an acre, although the exact figures were not determined because the applicant did not have a final survey at the meeting. Variances are required because existing structures on the lots do not meet required minimum setback requirements and there is also apparently a non-conforming shed or garage on one of the lots. The adjusted lots will conform to the one acre zoning in the area. The Board discussed whether there is an existing violation involving a steep slope permit. The matter is going before the ZBA, but the town ZEO has ruled that there is no existing violation. The Board voted to forward a positive recommendation to the ZBA, but recommended that the approvals be conditional upon the applicants obtaining the lot line adjustment within one year.

Fiddlers Bridge LLC, 54 High View Lane
(public hearing/preliminary plat)
[See July 24, 2007 Planning Board meeting report for more background information on this project.]
The applicant is seeking a 3-lot subdivision with 8, 9 and 14 acre lots. Two of the lots are flag lots and all lots derive access through a common driveway. There are significant wetlands and steep slopes on the property. The driveway will cross a federal wetland at one point and accordingly a permit from the Army Corps of Engineers is required. The applicant has submitted a Blandings turtle study which is under review by the NYS DEC. The Town engineer has submitted comments which need to be addressed by the applicant. The applicant's surveyor stated that Board of Health approval for wells and septics will be sought before final approval of the subdivision. The town CAC submitted a letter recommending that the Planning Board review the DEC comments on the application before taking further action, asking the Board to take into account the areas of water/wetlands on the property to determine if sufficient dry area exists for all lots and recommending that steep slope permits be obtained as needed for the project. The applicant's attorney complained that he had not seen the CAC letter in advance. He also submitted a letter alleging undue interference by the CAC chairperson in connection with the DEC review of the application. The hearing was sparsely attended. A neighbor asked if the developer contemplated building spec houses and received a non-committal answer from the attorney. In response to other comments, the applicant's surveyor and attorney explained that the final plat will have a legend restricting clearcutting of trees and the attorney stated that the individual lots will have "easements" containing similar restrictions. (Comment: The attorney appeared to be referring to deeds containing restrictive covenants, not conservation easements held by an independent entity.) The attorney stated that he has drafted similar restrictions for other projects and they have been approved by other towns' planning boards and town attorneys. The Board decided to continue the public hearing to allow the various comments and open issues to be addressed. The matter will come back before the Board at the second meeting in September or later, depending on when the applicant is prepared to return.

Jonathan Walsh, 431 Browning Road
(sketch plan/lot line adjustment)
The applicant is seeking a lot line adjustment to add a small amount of property to his existing lot. The existing lot is non-conforming (the side setback does not meet the required minimum) and the effect of the adjustment will be to add to the setback, thus reducing the non-conforming condition. The application did not appear to present any significant issues.

submitted by Paul Thomas

REPORT ON THE PLANNING BOARD MEETING, AUGUST 7, 2007

Sinnot Subdivision, 564 Shultzville Road
Plans are not yet finalized. There was a discussion relative to the location of the house and size and style of the house. The building lot corner will sit directly on the buffer line. There was a discussion by the potential buyer of one lot as to where to locate the driveway. His intention is different from the plan submitted. Language was changed to be more general regarding location of the house. The Town Engineer has not seen the most recent plans and the plans have not been provided yet to the Fire Dept. Conditional final approval of the sketch plan was granted with a Public Hearing scheduled for 9/4/2007 (day after Labor Day).
Comment: Who inspects construction, besides the Building Dept., once plans are approved by the Planning Board? And how frequently? Because this was not a Public Hearing the public will not have an opportunity to see revised plans or hear input from the Town Engineer and Fire Dept. before the Public Hearing in early September.

Anastasia Subdivision, 205 Shadblow Lane
Conditional Final Approval was granted for this 10.57 acre site with a two lot subdivision. The project has been three years in development. The Town Engineer had several items still open in his letter of 8/7/2007.

Omega Institute , 150 Lake Drive
Site Plan Approval was given for a Waste Water Treatment Plant, known as an Eco-Machine. The project has the Planning Board as lead agency (other agencies declined). The project is an unlisted, coordinated type. A Public Hearing is scheduled for 9/4/2007.

Comment: With the Public Hearing right after the Labor Day holiday it may be difficult for many people to attend. The Town Engineer may not have specialized expertise to review this project. It would appear to require an engineering firm familiar with considerations of this type of plant. What insurance or environment impairment bonding will be provided to ensure that, should problems occur, there would be funding to correct them? Otherwise the Town could be left with the cost and/or a big problem.
How was this particular system selected? What are the alternatives?
What are the downside risks if there is severe drought or flooding?
What is the status of their current wastewater system?
How will the public be able to adequately understand what is being proposed with these questions remaining unanswered and the Town Engineer not being familiar with the proposed system?

Comments– General
A. Unannounced random inspections of ongoing construction should be made by a third party engineering/construction consultant, at the expense of the applicant, after plans have been approved.
B. A check list of steps and procedures should be developed and provided to applicants to ensure they are prepared for meetings.
C. Public Hearings should not be scheduled before final plans are available
.
Submitted by Harvey Podolsky

REPORT ON THE TOWN BOARD MEETING, JULY 10, 2007
There were 4 board members present at this meeting: Frank Venezia, Mike Appolonia, Jeff Burns, and Ray Oberly (Town Supervisor)
.
The following pertinent information was provided by board members as they presented their reports on the various town committee meetings:
-- The public hearing on the Nextel cell phone tower on Germond Road was held open by the Planning Board.
-- The matter in front of the ZBA concerning a public parking lot on Silver Lake Road remains open.
-- The CAC is dealing with the following issues: small wetlands maintenance, water testing, and matters surrounding the Novak subdivision on Browning Road.
-- The Recreation director has requested air conditioning for the space where the Senior Exercise Class meets and has expressed other maintenance concerns.
-- The Zoning Administrator has reported that until zoning violations on the Novak property are corrected, approval for a subdivision plan will not be given.
-- The Highway Department submitted a report on work that had been completed.
-- The Comprehensive Plan Review committee has hired a firm to do a natural resources survey in Clinton and, since the firm is also working with local developers, there are questions concerning a conflict of interest.

OLD BUSINESS:
The primary matter on the agenda was a discussion of the revised proposed wetlands regulations (water amendment law). Frank Venezia stated that the town has had strong laws in this area in the past and these have served us well. The new amendment applies to any area with 100 feet of a wetland area (pond or waterway) that is between .5 and 12.4 acres. Existing DEC regulations already cover larger wetland areas. Norene Coller (head of the CAC) made a presentation of pertinent points in the revised proposal. This is the first new water amendment document since 2003, but 95% of the proposed regulations already exist in current zoning laws. The major changes being proposed are: 1) the new document covers smaller wetlands, 2) the town will be responsible for permits and administration, 3) certified (by the DEC) wetland inspectors will need to be hired, and 4) language in the document has been brought up to date.

The discussion that ensued concerned: 1) who will be responsible for inspections and enforcing the new regulations, some town "official" or town "board"? 2) the existence of private individual rights vs. community and long-term impact. In the course of the discussion Norene Coller stated that the Hudson Valley is documented as the only area in the state that is losing wetlands.
Frank Venezia moved to submit the proposed law to the town attorney for review.

NEW BUSINESS:
1. The heating and cooling systems in Town Hall need to be improved. There was a discussion of various options. It was decided that board members will meet with the town engineer on July 19th at 7:30 to review the best options.
2. All other items under New Business (#1-#11 on the agenda) were quickly discussed and passed or agreed upon.

PUBLIC DISCUSSION
1. A town resident raised concerns over a 16-20 foot high stockade fence that is being built, on private property, along Field, Bulls Head, and Old Bulls Head Roads. Her request about what could be done was answered that a complaint needs to be submitted to the Zoning Administrator.

2. Two town residents questioned the absence of recent minutes from various town meetings on the town's website and requested that this be corrected. The need for access to current information and town committee decisions/actions was stressed.

submitted by Blanche Rubin

REPORT ON THE PLANNING BOARD MEETING, JULY 3, 2007

The most important application addressed at this meeting was for the Willow Glen Subdivision on Willow Lane in Clinton Corners. The property contains some 61 acres and one residential unit. The land contains a number of steep slope areas and some wetlands. The requested subdivision is for four separate “building” lots: one for the existing home and 3 additional lots for development. The proposed lot sizes would run from 5.18 acres to 20.44 acres. This is the second application that has been submitted to the Planning Board by this individual. The first application was not continued on a timely basis and therefore the application process had to be started anew. The developer was present for the meeting and in addition brought his attorney and his land planner.
The first submission which was originally reviewed by the Planning Board had generated a substantial number of questions and apparent interest from the public. This interest brought about a Public Hearing that was extended to the current meeting and to 'at least' the next Planning Board meeting when this NEW application is on the agenda. One of the neighbors to the property and his wife, Mr. and Mrs. Paul Thomas, also attended the meeting and Paul provided some background on the public opposition to the subdivision, including a reminder that he had retained legal counsel and that he is on record as submitting a detailed letter stating some 15 objections. Paul went on to state that most, if not all, of the objections have not yet been properly addressed. All of the members of the Planning Board apparently have a copy of this letter.

Understanding the legal ramifications of this proposed subdivision is somewhat tricky. Allow me to give it a try -- the Planning Board, who is referring this issue to the Town Attorney, is trying to determine if the requested common private driveway for all four parcels would be compliant with Town of Clinton zoning. The road frontage on Willow Lane is not sufficient for the developer to obtain four separate legal curb cuts. Without being able to obtain legal access to a town road, the property (under the current interpretation of the zoning law) could not be subdivided into four buildable 'building lots.' The developer is attempting to say that this is not really the issue or the intent of the present zoning laws. He is saying that the private driveway would trump the town's zoning and let him develop the property as he has requested / or as he sees fit. It became apparent to some members of the Planning Board and town residents that if the developer were successful with his plan, it would, in essence, make the Town of Clinton rules and regulations a 'joke.' This would allow other developers to do as they pleased, with no sense that they would be bound to follow town zoning regulations. This is somewhat a simplification of the issues that were discussed, but hopefully it will provide the gist of the matter to the reader.

It was apparent during the meeting that the various Planning Board members had done their homework. They articulated their understanding of the history of the subdivision applications and the importance of getting an opinion from the Town Attorney as to “what constitutes a building lot” before any further action can be taken on this application.

Other information concerning this application and meeting follows:

-- Harvey Podolsky and myself attended this meeting and each of us presented questions to the Board on both zoning issues and procedural manners.
-- June Sanderson and Paul Thomas each shared their concerns about the future use of the land and compliance with Town of Clinton zoning regulations.
-- The public comments, for the most part, encouraged the Planning Board to view the present application as a new application and to make certain that all relevant issues would be reviewed or re-reviewed. The applicant wanted to have the Planning Board approve parts of the old application as part of the new application. The public participants pointed out that the new application is a substantial change from the expired application and that the applicant should have to start from the beginning.
-- The applicant requested that their new submission to the Planning Board should also be sent to the ZBA and the Town Board. Members of the public did not understand why this request was agreed to by the Planning Board. We hope that this will not allow the applicant to circumvent the standard procedures for processing an application.
-- It was apparent to the public attendees that the applicant was trying to threaten the town when his land planner said that if the town doesn't approve this application they could request permission to build 10 houses with the installation of a public road. A member of the public retorted that if the developer thought that 10 lots were feasible he would have applied for it, that this was an empty threat to scare the Planning Board.
-- Various members of the public, including myself, commented that the public is not well served when the Planning Board minutes are months and months behind. There is no way for the public to keep up with Planning Board activities if the minutes are not published on a timely basis. This is also true for the Zoning Board minutes.
-- The public participants urged the Planning Board to keep the Public Hearing open to make certain that the developer would not have the opportunity of slipping quick changes into his application without the public having an opportunity to make its comments known to the Planning Board.

submitted by David Goldin

REPORT ON THE ZONING BOARD OF APPEALS MEETING, JUNE 28, 2007

1. The request for a variance by Elaine Ruccio was a simple one and was granted. It concerned adding a second floor to an existing structure.

2. The major topic of discussion was the Planning Board's request to have the ZBA interpret the Zoning Enforcement Officer's approval for the Dutchess County Fish and Game Fed