Village of Tivoli Planning Board Meeting Minutes November 23, 2015

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1 Village of Tivoli Planning Board Meeting Minutes November 23, 2015 Call to Order / Determination of Quorum The meeting, held at the Historic Watts depeyster Hall, was opened at 7:01 pm and a quorum was determined to be present for the conduct of business. Planning Board Attendees: Chair Mike Billeci John Hallstein Donna Matthews Ginger Grab Pamela Morin Also Present: Trustee Susan Ezrati Village Planner Michele Greig Applicant Jonathan Korzen Applicants Joseph Luzzi and Helena Baillie Applicant John Molinaro Stephen Falk Public: Duncan Roy, Tim Lynch, Peter Walsh, Leigh Palmer, Phyllis Palmer, Peter Mauney, Bruna DeAraujo, Patricia Dreyfus, Bettina Mueller, Donald Schaffer The Board reviewed the draft minutes from the October 26, 2015 Planning Board meeting. The sentence It was determined that the monument is not on the applicant s property was added to the last paragraph on page 2. Pamela Morin moved to approve the minutes as amended. John Hallstein seconded. All in favor. Motion carried. The Board reviewed the draft minutes from the November 9, 2015 Planning Board workshop. Ginger Grab moved to approve the minutes as presented. Pamela Morin seconded. All in favor. Motion carried. Old Business Site Plan / Special Use Permit - 48 Broadway (Dog Park Publishing and Boutique): Chair Billeci read the SEQR Resolution classifying this as a Type II action that requires no further review under SEQR. Ginger Grab moved to accept the resolution. Donna Matthews seconded. All in favor. Motion carried. 1

2 Pamela Morin moved to open the public hearing for the special use permit at 7:07 pm. Ginger Grab seconded. All in favor. Motion carried. The applicant, Jonathan Korzen, presented the proposed project. He and his wife started Dog Park Publishing 4 ½ years ago. They sell treats and toys for dogs and products for people who love them including jewelry and household items. He is a Bard graduate and he and his wife want to raise their child here. The space at 48 Broadway is great because of the built-in shelves. They will not be doing dog training or grooming or having dogs in any quantity in the store. However, dogs will be welcome with their owners. They are making no interior or exterior renovations. Chair Billeci asked the public for any comments on this project which has two parts. The special permit which is for the e-commerce business that is classified as light industry and will be shipping products through the Post Office. The second part is site plan approval which is for ecommerce business and the retail section. Donald Shaffer, 46 Broadway: Asked about the amount of business and foot traffic Wants to know about the parking situation He is the next door neighbor and wants to know about the parking area behind Santa Fe Parking area is destroying his property He has no objections to this business, just concerned about the parking and how it will affect that area Already has problems with delivery trucks The applicant stated he will be getting deliveries from UPS and FedEx which can go in through the back entrance. Duncan Roy, 18 North Road: Thinks it s a good idea to have another business in the Village, another ecommerce business like FabYarn Asked if the hours of business would be posted Michele Greig stated that this use is allowed by a special permit. The Board needs to consider the use first. The main conditions discussed at the last Planning Board meeting was that the retail business remains in the front of the store with a minimum of 500 square feet in size and to keep the ecommerce in the back of the store. This will keep with the intent of a more walkable community. Donna Matthews moved to close the public hearing at 7:20 pm. Pamela Morin seconded. All in favor. Motion carried. Chair Billeci read the resolution granting a special permit approval to Dog Park Publishing and Boutique (see attached). 2

3 Ginger Grab moved to approve the resolution. Pamela Morin seconded. All in favor. Motion carried. Chair Billeci read the resolution granting site plan approval to Dog Park Publishing and Boutique (see attached). Ginger Grab moved to approve the resolution. Pamela Morin seconded. All in favor. Motion carried. Site Plan - North Road/Charlotte Lane: Donna Matthews moved to open the public hearing at 7:30 pm. Pamela Morin seconded. All in favor. Motion carried. Applicants Joseph Luzzi and Helena Baillie presented their proposed project to build a single family home at 15 Charlotte Lane and gave handouts to the public (see attached). They also submitted a letter of support from Tim Davis and Lisa Sanditz (see attached). The applicants are asking for waivers from the Tivoli Pattern Book for six items: pattern of windows, trim, siding, consistent setback, gables facing the street and a covered front porch. Mr. Luzzi stated that since they are building on a flag lot and in a wooded area their deviations from the Pattern Book will not adversely affect the historic character and look of the Village and should receive a waiver. Chair Billeci stated that the applicants met with the Zoning Board of Appeals last week and went over things like size of the footprint, size of the building, location of the site, etc. The Planning Board is concerned with things like how the house will look. He then asked for comments from the public. Peter Walsh, 18 Greentree Road: Asked how other houses look on North Road It will be an improvement on houses already on North Road Trustee Ezrati explained the history of the Pattern Book and the Comprehensive Plan. Ms. Greig stated that the most important point that the applicant made is that this building won t be highly visible from the road. If it were being built right along the road, it would not fit. Tim Lynch, 5171 Route 9G: There may be a technical problem with the variances Ms. Greig stated that the ZBA voted at the meeting and can use their draft minutes as their finding statement and she doesn t see this as an issue. If and when it gets recorded, there will be an Article 78 filed against it Building Dept in Red Hook had no copy of the building permit Site Plan doesn t indicate any kind of storm water control or sediment and erosion control Ms. Greig stated that the Planning Board did not ask for this at their previous meeting with the applicant. 3

4 Asked if the Board looked at the lighting The house will be right in his backyard It will be setting a precedent They were knocking down trees on Saturday The house is being imposed on somebody, just because you can t see it from North Road does not mean it s invisible to the whole neighborhood Mr. Luzzi stated that only dead trees are being removed from the lot and they have been very careful to protect all the natural vegetation that is already there. He also stated that they have done their best to design something tasteful that will be pleasing to their neighbors. They feel it s as unobtrusive as possible. Chair Billeci stated that the Planning Board is here tonight because the Historic Overlay district requires site plan review to protect the streetscape of the Historic Overlay district, not to protect Mr. Lynch s district on the other side of the creek. Mr. Lynch stated that the setbacks would have helped with that but they received variances. Bruna DeAraujo, 33 Broadway: Looks better than a lot of things that are already in Tivoli The barn design of the house is beautiful and will fit right in Bettina Mueller, 14 North Road: She approves of the house Thinks it is beautiful, simple and a good addition to the community Duncan Roy, 18 North Road: It s set back and won t impose He would like to see something more contemporary Phyllis Palmer, 24 North Road: This is totally fine This is a small matter and we shouldn t worry about it Asked about the roof and what color it would be Mr. Falk responded that the roof is metal and will not be painted but it will be a color. Pamela Morin read the letter from Tim Davis and Lisa Sanditz, 101 North Road, which is attached. Ms. Greig stated that at the last Planning Board meeting the point was made that the house will be visible from a point on North Road and she recommends that screening be provided on the northwest corner of the property. She recommends blue spruce. Chair Billeci stated that another condition of site plan approval is that no clear cutting of live trees would be allowed. Ms. Greig stated that this will be a condition of site plan and that the owner of record would be required to maintain this in the future. Based on the comments, she also recommends the owner depict hay bales and silt facing adjacent to the ridge line to prevent any erosion and sedimentation into the Clay Kill during construction. Ms. Greig also stated that 4

5 no home occupation is approved with this site plan. Home occupation would require a special permit in the future. Chair Billeci stated that all exterior lighting fixtures should be shielded. Chair Billeci read the resolution granting site plan approval which is attached. Ginger Grab moved to close the public hearing at 8:31 pm. Donna Matthews seconded. All in favor. Motion carried. Donna Matthews moved to grant the waivers for the fact that the house doesn t line up with the other houses, the pattern of windows, the siding material, the trim details, that it doesn t have a covered front porch and the gables don t face the street. Pamela Morin seconded. All in favor. Motion carried. Pamela Morin moved to approve the resolution granting site plan approval. Ginger Grab seconded. All in favor. Motion carried. New Business Site Plan Review - 57 Broadway: John Molinaro appeared before the Board representing the owner of 57 Broadway, Brice Marden. Mr. Marden wants to use the house as a utility space for the Hotel Tivoli with a laundry in the back and a suite of rooms upstairs. Mr. Molinaro stated that the front space will be isolated from the rest of the house. This will be allocated for retail use. A discussion followed. The Board asked the applicant to bring to the next meeting descriptions of any changes he will be making to the outside of the building, what the windows will look like, the color of the building, exterior lighting, signage, parking, view of the lots from parcel access or the survey and the square footage allocated to each of the uses. A public hearing will not be required. This matter will be referred to Dutchess County Department of Planning. The applicant was asked to provide the Village $500 for escrow. Adjournment Donna Matthews moved to close the meeting at 9:08 pm. Ginger Grab seconded. All in favor. Motion carried. Respectfully submitted, Claire Roff Planning Board Clerk Attachments 5

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