What's Happening in Town

September 8. 2008 Agenda

DRAFT

6:45 Call to Order

Pledge of Allegiance

ANNOUNCEMENTS

September 24th - Senior Expo at the Fairground fro, 10-2 hosted by Rhinebeck's Aging Committee and Red Hook Senior Committee

September 27th - Winter Gymnastics and Basketball sign-up at Town Hall from 9-12 noon.

C.A.C., Rhinecliff Advisory Council and Open Space/Affordable Housing Committee are seeking new members. Applications available in Town Clerk's Office.

PUBLIC HEARING

7:00 C.S.I. Developers, LLC Variance from Land Use Moratorium Local Laws

DISCUSSION

1. C.S.I. feedback

BUSINESS BEFORE THE BOARD

1. Authorize Supervisor Traudt to sign maintenance agreement with Rhinecliff Hotel.

2. Approve Town usage for Senior Dance on October 18th from 1-4 pm with Cathy Washburn in charge.

3. Approve Town Hall usage on Tuesday afternoons from 1-4 for a weekly Games Day directed by Joanne Gelb.

4. Accept Final Scoping Document

5. Authorize naming of Library Park Lane per Village of Rhinebeck approval (3-2 vote).

6. Approve August 14th and August 28th meeting minutes.

7. Approve abstract 9 for payment

ADJOURNMENT

• Town Board

Senior Expo at DC Fairgrounds

A Senior EXPO will be held on Wednesday, September 24th, from 9:30AM-2PM at the Dutchess County Fairgrounds, Building A, with parking immediately adjacent to the building. The EXPO has been organized jointly by the Senior Committees of the towns of Red Hook and Rhinebeck. A year ago, the town of Rhinebeck held a Senior Forum to find out what the Senior population in Rhinebeck felt was needed and wanted to support them. Following that Forum, talks began with the town of Red Hook's Senior Committee, who had been sponsoring a Senior Forum in Red Hook for many years, to determine if a collaborative effort would benefit the two towns and would result in a much larger annual meeting in support of Seniors. This is how the plan for the Senior EXPO was born.

When you enter the building, there will be a reception table where early arrivals can meet the Town of Red Hook Supervisor Sue Crane, the Town of Rhinebeck Supervisor Tom Traudt, and members of the Senior Committees of the two towns. You will have the opportunity to sign up for some activities sponsored by these committees and pick up a copy of the monthly newsletter "Growing Older in Rhinebeck" which has a calendar of events and timely articles, and the yearly Brochure, which contains descriptions of the organizations and activities available to Seniors in our area and opportunities for Seniors to volunteer their services locally.

9:30AM Town Supervisors Sue Crane (Red Hook) and Tom Traudt (Rhinebeck)

will open the EXPO

9:30AM-on Northern Dutchess Hospital will have a booth in which Seniors can get

tested, on site, for some age-related potential problems.

10AM Presentation on Reverse Mortgages - Ulster Savings Bank

10AM Panel on Home Care - DC Office for the Aging

11AM Presentation on Financial Products for Seniors - Ulster Savings Bank

11AM An open forum requesting input from attendees on ‘Needs for Seniors in

this Area'

1PM Presentation by the Alzheimer's Association

1PM Presentation about Arbor Ridge, a community designed and dedicated to Seniors

There will also be information tables for organizations that will not be able to attend, but want to provide literature about their products and services for Seniors.

In order to make this a pleasant and educational experience for attendees, a conversation area will be provided in the front of the building where Seniors can sit and discuss what they have learned during the day and enjoy some light refreshments.

• Town Committee on Aging

• Town Committee on Aging

                    Town of Rhinebeck Highway Department

119 Rhinecliff Road, Rhinebeck, NY 12572

Phone: 845-876-6263  Fax: 845-876-8335

Kathy Kinsella, Superintendent                                                                        Bob Wyant, Foreman

• Title:                            Motor Equipment Operator
• Office location:         Rhinebeck Town Garage,

119 Rhinnecliff Road, Rhinebeck, NY

• Hours:                                    40 hours per week 
• Pay rate:                    $14.64 hour plus medical and vacation benefits
• Start Date:                 Immediate

Requirements

§         Candidates must possess a valid New York State Commercial Driver's License

§         Knowledge of truck operation and other equipment (plow, sander, backhoe, loader, chipper, chain-saw, etc.) in a safe and appropriate manner

§         Prior experience in driving, plowing or construction is preferred

§         Ability to understand and follow directions

§         Must be able to work as part of a team

§         Applicants are subject to substance testing policies

General Responsibilities

Employee will be expected to perform routine road maintenance duties in a safe and efficient manner.   This includes but is not limited to:  snow removal, materials transport, operation of chain-saws, manual labor (including loading trucks, digging ditches, cleaning and repairing catch basins, clearing brush, trimming trees, erecting signs, clearing roadway obstructions), maintaining equipment, buildings and grounds maintenance, and other tasks as assigned by the employee's supervisor(s.) Candidates should be of a physical condition commensurate with the demands of the position.

For an application, please contact:

Town of Rhinebeck Highway Department

119 Rhinecliff Road

Rhinebeck, NY  12572

845-876-6263

The Town of Rhinebeck Highway Department is an equal employment opportunity employer.

Please Post this notice                                                                                                              08/26/08

• Town Highway Department

August 11, 2008 Town of Rhinebeck Town Board Minutes

PRESENT: Supervisor Tom Traudt 10 citizens

Councilman Dod Crane

Councilwoman Ellen Silverstein

Councilman Dan Staley

Councilman Bruce Washburn

Counsel Roderick MacLeod

Call to Order

The Supervisor opened the meeting at 6:45 and introduced Emma Cleggs from Troop 78 to lead the audience in the Pledge of Allegiance.

Executive Session:

At 6:47, on motion from Dod and second from Bruce the Board immediately went into Executive Session to discuss the CSI litigation with Town Counsels Roderick MacLeod and Scott Volkman and Planning Board Chair Michael Trimble. All were in favor. At 7:52 the Board went back into the regular session on motion from Dod and seconded by Bruce. Motion carried unanimously.

Announcements

August 14th at 6:30 pm - Comprehensive Plan Scoping Session at Rhinebeck High School Auditorium

August 16th is Rhinecliff Waterfront Days from 11-4

Need volunteers for Waterfront Days, contact Cathy Washburn 876-2244.

Anyone interested in serving on Affordable Housing/Open Space Committee contact Town Clerk for application.

Community Block Grants available in Town Clerk's office. Applications are due back to County by October 3, 2008.

September 7 - Quitman House progressive dinner; contact Brenda Klaproth at 876-2463 for tickets.

Rhinecliff Hotel was given their Certificate of Occupancy this week.

Homeowner applications available in Town Clerk's office for Rebuilding Together in Dutchess County (formerly Christmas in April)

Business before the Board

1. CSI Article 78 Proceeding

Scott Volkman, Gellert & Klein counsel, explained the Article 78 proceeding. CSI is challenging the August 4th, 2008 Planning Board decision not to accept their application. They are also challenging the moratorium; the building footprint is 10,000 square feet. We have a settlement proposal for the Town Board and Planning Board. He then read the following resolution and further explained that under our Local Law this variance from the moratorium is legal. This application will be grandfathered in if the new zoning is put in place. This resolution also authorizes the settlement. It also sets the stage for another resolution and a public hearing on September 8th at 7:00 pm.

Dod motioned to table this resolution and vote later so the Comprehensive Plan legal counsel can review and make the appropriate recommendations, then the Town Board can move forward. No second. Scott Volkman explained part of the resolution accepts the variance application which will then be sent to the various parties; e.g. Comprehensive Plan Committee. This is a conditional settlement. There will be changes for later review. Dod feels it needs to be validated by those who wrote the Comp Plan. Dan pointed out this new building would be allowed in the new zoning if it meets the criteria of the law. Dod still fells it would be prudent for it to be reviewed. Scott reminded the Board it is not appropriate to bring Executive Session advice into the public meeting.

RE: AUTHORIZING SETTLEMENT OF CSI DEVELOPERS, LLC VS. THE PLANNING BOARD OF THE TOWN OF RHINEBECK, TOWN ATTORNEY FOR THE TOWN OF RHINEBECK AND THE TOWN OF RHINEBECK AND CSI DEVELOPERS, LLC VS. TOWN OF RHINEBECK AND THE TOWN BOARD OF THE TOWN OF RHINEBECK

WHEREAS, CSI Developers, LLC, has an application pending before the Town of Rhinebeck Planning Board to develop the first floor of a two story building for a 7,995 sq. ft. commercial building; and

WHEREAS, the Planning Board determined that the second floor was in fact usable and therefore the building exceeded 8,000 sq. ft and was therefore, subject to the Town of Rhinebeck Moratorium being Local Law No. 6 of 2007; and

WHEREAS, the petitioner, CSI Developer, LLC, filed an Article 78 proceeding on or about June 18, 2008, challenging the determination of the Planning Board; and

WHEREAS, on or about August 4, 2008, CSI Developers, LLC, filed an action seeking to declare the Moratorium, Local Law No. 6 of 2007, as amended as invalid and unconstitutional; and

WHEREAS, the Town Board has considered a "So Ordered Stipulation" which would conditionally settle the existing litigation and discontinue both of the above referenced proceedings on the terms set forth in the Stipulation annexed hereto; now therefore, be it

RESOLVED, that the Attorney to the Town and the Town Supervisor being hereby are authorized to enter into such a Stipulation as to substantially the same form as annexed hereto; and, be it further

RESOLVED, that this Resolution is further contingent upon the Planning Board authorizing settlement upon the same terms and conditions.

Motioned by Board Member Dod Crane

Seconded by Board Member Bruce Washburn

Dated: August 11, 2008

Roll Call Vote:

Councilman Crane nay

Councilwoman Silverstein aye

Councilman Staley aye

Councilman Washburn aye

Supervisor Traudt aye

Motion carried 4-1.

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF DUTCHESS

---------------------------------------------------------------------

In the Matter of the Application of

CSI DEVELOPERS, LLC,

Petitioner,

For a Judgment Pursuant to

Article 78 of the Civil Practice Law SO ORDERED

& Rules, STIPULATION

- against -

Index No. 4377-08

THE PLANNING BOARD OF THE

TOWN OF RHINEBECK, TOWN

ATTORNEY FOR THE TOWN OF

RHINEBECK and THE TOWN OF

RHINEBECK,

Respondents.

---------------------------------------------------------------------X

2. CSI moratorium variance application. Scott Volkman stated this is a variance from Local Law 6 of 2007. The resolution only accepts the application. The various committees can report back to the Town Board. The Town Clerk will send a packet to the Dutchess County Planning, Comp Plan Committee, CAC, Planning Board, Town engineer, and planner. The decision must be made by October 14, 2008.

TOWN OF RHINEBECK

TOWN BOARD RESOLUTION

RE: ACCEPTING THE APPLICATION OF CSI DEVELOPERS, LLC FOR A VARIANCE FROM LOCAL LAW 6 OF 2007, AS AMENDED

WHEREAS, CSI Developers, LLC, has submitted an application to the Town Board of the Town of Rhinebeck, seeking a variance from Local Law No. 6 of 2007, as amended, to pursue a site plan application to the Planning Board, which would otherwise be subject to the Moratorium based upon the size of the commercial building which is in excess of 8,000 sq. ft of gross floor area; and

WHEREAS, CSI Developers, LLC, has submitted a complete application through their attorney Cuddy & Feder, LLP, in accordance with Section 6 of said Local law; now, therefore be it

RESOLVED, that the Town Clerk be and is hereby is directed to forward a copy of the proposed application to the following agencies for their advice and recommendations thereon;

1. Dutchess County Department of Planning

2. Town of Rhinebeck Planning Board;

3. Town of Rhinebeck Comprehensive Plan Committee

4. The Attorney to the Town;

5. The Town's Engineers; and

6. The Town Planner; and

7. Town of Rhinebeck C.A.C.; and, be it further

RESOLVED, the application also be referred to Dutchess County Department of Planning for purposes of General Municipal Law Section 239(l) & (m); and, be it further

RESOLVED, that the Town Board hereby schedules a Public Hearing on the application for variance for September 8, 2008 at 7:00 p.m.; and, be it further

RESOLVED, that this Resolution is contingent upon the Planning Board authorizing settlement of the action entitled CSI Developers, LLC vs. The Planning Board of the Town of Rhinebeck, et al., Dutchess County Index No.: 4377-08.

Motioned by Board Member

Seconded by Board Member

Dated: August 11, 2008

Roll Call Vote:

Councilman Crane nay

Councilwoman Silverstein aye

Councilman Staley aye

Councilman Washburn aye

Supervisor Traudt aye

Motion carried 4-1

3. Dod motioned and Ellen seconded to approve July 14th, July 21st and July 28th meeting minutes as submitted. All were in favor.

4. Ellen moved with Dod seconding to raise mileage allowance to 58 ½ cents per IRS guidelines, effective August 1, 2008. Passed unanimously.

5. Grasmere Phase III update. Dan told the Board the Cemetery Committee has approved Phase III. Steve Mensch and Meg Crawford have been working with the committee. Roderick needs to review. Dan motioned and Dod seconded to start the SEQR process on Phase III. Rod explained the Town Board should be lead agency and he will draft a resolution for the August 21st meeting.

6. Comprehensive Plan public hearings for October 4, Saturday at 10 am and October 7th, Tuesday at 7 pm. were unanimously set on motion from Dod and second from Ellen.

7. Gardens Letter of Credit. Scott explained that this resolution basically rescinds the August 7th action. The escrow check for $37,461.81 has been received and Rod will give to the Town Clerk tonight.

WHEREAS, the Town Board of the Town of Rhinebeck previously accepted an Irrevocable Letter of Credit from China Trust Commercial Bank No. IDP100033 in the amount of $678,822.49 on behalf of Grand Pacific Finance Corp. ("Grand Pacific") to guarantee completion of public improvements for the Gardens at Rhinebeck project as previously approved by the Town Board and the Town of Rhinebeck Planning Board; and

WHEREAS, the Letter of Credit was set to expire upon its terms at the

close of business on August 12, 2008; and

WHEREAS, on August 7, 2008, the Town Board declared the Grand Pacific in default and authorized the Town Supervisor and Attorney to the Town to draw upon the full amount of the Letter of Credit; and

WHEREAS, Grand Pacific has obtained an amendment to the existing Letter of Credit from China Trust Commercial Bank dated August 7, 2008 extending the Letter of Credit for an additional for six(6) months until February 12, 2009; and

WHEREAS, it is in the best interests of the of Town, at this time to accept the amendment to the Letter of Credit extending its expiration date for an additional six (6) months; now, therefore be it

RESOLVED, that the Town Board of the Town of Rhinebeck hereby rescinds its Resolution adopted on August 7, 2008 declaring Grand Pacific in default and authorizing a draw on the full

class=Section2>

amount of the Letter of Credit ; and be it further

RESOLVED, that the Town Board of the Town of Rhinebeck hereby accepts the amendment to the Irrevocable Standby Letter of Credit No.: IDP100033 from China Trust Commercial Bank to expire on February 12, 2009.

Motion by Dod Crane Seconded by Ellen Silverstein

Councilman Crane aye

Councilwoman Silverstein aye

Councilman Staley aye

Councilman Washburn aye

Supervisor Traudt aye

Motion carried 5-0.

8. Dod motioned and Ellen seconded to approve Capitol Proj 27 Docks

Morris Associates $27.75

Williams Lumber 22.72

$50.47

Cap Proj 38 - Parks/Rec/Pool Morris Associates $843.38

Gellert/Klein 70.00

Williams Lumber 245.16

Dive Cincinnati 64.56

Fowler/Keith 64.00

Rhinebeck Rental 121.00

Williams Lumber 18.53

TOTAL $1,426.63

Cap Project 43 - Stone Church Fields Dave Long Electric $2,100.00

Cap Project 62 - Rhineson Property LA Group $1,305.99

All were in favor.

9. Dan moved and Ellen seconded to approve Abstract # 8 vouchers 822-912, checks 3803-3866,3866,3538,3666,3770 and 3781 for $130,292.22. All were in favor.

10. Bruce explained that Jack Conklin and Herman Tietjen have been working on this project.

Whereas the Town has received a $14,000 grant from Steve Saland's

office; and

Whereas the dock is in need of 6 bulkhead fenders, chains, cables and

metal eye hooks to fasten the bulkhead; and

Whereas an estimate from Gilman Corporation has been received for

$10, .000.00;

Now, therefore be it resolved that the bookkeeper is authorized to

purchase 6 ship and dock fenders, chains and metal eye hooks for

$10,000.00

Dan motioned and Dod seconded to approve above resolution. Dod asked if these are in all year and Dan said they are taken out for the winter. All were in favor.

Discussion

Update on bike rack at dock - Dan has asked the Rotary to help us out but they did not have a quorum at their last meeting so no decision was reached. Cynthia Baer would like the $775 bike rack that matches the existing benches. With summer almost coming to an end does the Board want me to continue to pursue with the Rotary or should we just buy it. Consensus was to get any financial help that is available.

Creating position of alternate planning and/or zoning board member - Dan explained that the Planning Board Chairman has a member who is pregnant and she will not be available for several months. They have had some trouble getting a quorum at times. Dan asked Roderick to research this matter to make sure this is legal. Ed Feldweg said LaGrange has alternates for their planning and zoning boards and it works fine. The alternate is charged with attending every meeting and if needed steps up as a voting member.

Terry Gibson who resides at 84 E. Market Street is concerned about the police security in the Town and Village. There was an incident in front of Town Hall and early Sunday morning when a car crashed into the barrel planter at Town Hall and over several lawns. He asked anyone with information please contact the Rhinebeck Police Department. The absence of local police sends a message to the public that we are not protected. Bruce told Mr. Gibson that the police and trooper already have a suspect. Tom pointed out there are ways to handle this, full time is not the only option. It does need to be addressed though. Bruce thinks a new service level agreement is needed.

Adjournment

At 8:57 on motion from Dan and second from Ellen this meeting was unanimously adjourned.

Respectfully submitted,

• Town Board

TOWN OF RHINEBECK SPECIAL MEETING MINUTES

DATE: August 7, 2008

PRESENT: Supervisor Tom Traudt Warren Replansky

Councilman Dod Crane Graham Trelstad

Councilwoman Ellen Silverstein Michael Zarin

Councilman Dan Staley Sally Mazzarella

Councilman Bruce Washburn Ted Fink

Counsel Pam Richardson 7 residents

The Supervisor opened this meeting at 4:30 pm in the Village Hall. Tom explained this meeting is to review the protocol for the August 14th scoping session for the Comprehensive Plan at the High School.

Warren Replansky would like to discuss how the dais will be set up and who will chair the meeting for next Thursday's scoping session. Michael Zarin said typically there is a welcoming by the Supervisor and then a presentation of the overview of the proposal and the draft scoping document. Then someone on staff acts as moderator for the meeting. The scoping is to obtain people's comments; it is not meant to be a 2 way dialogue. The Town Board is only receiving information. The Board then reviews the written and spoken comments and makes the necessary revisions. This is not a public hearing for the Comprehensive Plan. It is a fairly uniform procedure. Usually a 3-5 minutes time limit is set at the beginning of the meeting with a 10 day period following the August 14th meeting for written comments. This session is for the Town Board to receive the public comments on the scoping document only.

Tom is concerned about residents being on vacation this time of year. Warren stated if we have another meeting, the timeline will not be met. Usually there are not that many comments at the scoping session. The other issue is the chair of the meeting. He/she must be responsible for keeping the comments on track. It might be a better idea to have one of the consultants chair the meeting. A sheet will be available for speakers to sign in. Each speaker should also print their name on an index card. Ted said the public comment period is from July 16-August 25, 2008. Written comments are given the same weight as spoken comments.

Dod suggested Tom open the meeting with either Michael or Warren chairing the meeting. Tom does not see the necessity of taking the chair from the Board. Tom will chair the meeting and give a welcoming statement and explain the purpose of the scoping session. The chair will call names in order of sign in. Each resident needs to identify themselves and will be given 3-5 minutes to speak. Once everyone has spoken then the speakers can come back up if they wish. Speakers need to address the content of the Scoping document for the DGEIS. Ted will present a brief overview of the Zoning Law and Fresh Water Wetlands law and changes to the Comp Plan. Graham will focus on the scoping document. Warren will do a condensed version of public notice (SEQR) and chronology of how we got to this point. He will address the remaining steps to complete the adoption and SEQR process and purpose of scoping process. Sally is pleased there will be many voices in the presentation; it sets a better tempo and keeps the audience alert. Michael's experience in the scoping session is it really doesn't matter what you present the public will give whatever comments they want. Don't worry about censoring people. When the Town Board is lead agency there is more flexibility in the process. Sally agrees, it is important to not stop people from speaking. While addressing the Town Board, the public needs to understand that all comments might not be in final scoping document. Warren feels the consultants should not respond to any comments. We do not want to get into dialogue with the public. Tom will open the public comment period when the presentations are complete and give the ground rules.

Graham and Ted must have the DGEIS ready for review by the October 4th public hearing. They can start writing the final scope and then add comments. By mid September the final scope and DGEIS hopefully will be complete. County Planning has agreed to a rolling application and Warren is keeping them updated.

Graham handed out an SEQR schedule as follows:

August 14th Scoping Session

August 25th close of comment period

September 8th Town Board adopts final scope

September 26th DGEIS submitted for Town Board review

October 4th first public hearing on Comp Plan/Zoning

October 7th public hearing with Town Board declaring DGEIS

complete and schedules public hearing.

October 28th DGEIS public hearing

November 14th close of DGEIS comment period

November 17th Town Board meeting

December 12th FGEIS submitted for Town Board review

December 16th Town Board declares FGEIS complete

December 30th Town Board adopts findings, end of SEQR process

Dod questioned if this schedule is doable. Warren stated it is a very ambitious schedule; SEQR must be done thoroughly. Graham and Ted feel the goal is attainable. Some members of the Board seem to be worried about the legal defense of the Comp Plan. Graham reassured the Board that we have prepared several plans which have won in the courts. We know what we are doing and it will be as comprehensive as possible. This is usually a 3 month process but the Comp Plan Committee has already done a lot of our work for us. The affordable housing issue still needs to be resolved.

Sally said there are alot of unknowns. Until the process starts, we really don't know complications. The Comp Plan Committee is doing a lot of work so the consultants can move forward. We must be responsive to the community. Michael said the FEIS must respond to all comments. If the Town Board is looking at the Yorktown law suit and worried about defending Rhinebeck's Comp Plan, they are two separate issues. In Yorktown the FEIS was negligent. We will give you a document that is legally defensible. We need to get to the SEQR process for the public's valuable input. Michael feels any legal concerns should be addressed in Executive Session.

Warren is concerned if alternate plans are being considered. Changes are not a simple process. Each change requires re-documentation. Graham said the focus now is the Comp Plan/Zoning then the EIS will be addressed.

Ellen wants to make sure the Board has time to digest all the comments. Dan feels we owe it to the community to move forward. The Board is eager and ready to start this process. Dod asked when the public can see the DGEIS and Graham feels around mid October. Sally wants to make sure the Planning Board is on board. She has offered our services and will reach out to them again and impose a date that they must give us a written response.

This will be the first major project for our LWRP. We need to make sure the CAC is prepared. Dan asked how the CAC can pass judgment on this document. Warren said they will only make recommendations. Michael stated the consultants will give the Town Board a 1 page memo on the LWRP process. Since Rhinebeck has an LWRP law in place; the CAC is the local authority and not the state. You are in charge of your own destiny which is great. The procedural referral is necessary from the CAC per LWRP guidelines. The County and Planning Board must also give written recommendations. Tom said any comments can be emailed or mailed to Town Hall.

At 6:50 the Board went into executive session on motion from Dod and second from Ellen to discuss the Gardens Line of Credit. All were in favor.

At 7:40 the Board returned to regular session on motion from Dod and second from Ellen. Passed unanimously.

Pam Richardson read the following resolution pertaining to the Gardens Line of Credit

WHEREAS, the Town Board of the Town of Rhinebeck previously accepted a Letter of Credit from China Trust Commercial Bank No. IDP100033 in the amount of $678,922.49, to guarantee completion of public improvements for the Gardens at Rhinebeck project as previously approved by the Town and the Town of Rhinebeck Planning Board; and

WHEREAS, the Letter of Credit is set to expire on August 12, 2008; and

WHEREAS, the Developer is in default and has failed to completed the performance of the work required for the completion of the work on the road to be dedicated to the Town of Rhinebeck and/or the completion of all improvements in a subdivision known as the "Gardens at Rhinebeck" in accordance with plans, specifications and other documents filed with the Planning Board, conditions of Subdivision, site plan and/or special approval, and/or any security agreement entered into between the Project Developer and the Town of Rhinebeck; and

WHEREAS, the Developer has requested an extension of expiration date of the Letter of Credit; and

WHEREAS, the Attorney to the Town and the Engineer to the Town have confirmed in writing that the Developer is in default and has failed to complete the required improvements;

NOW THEREFORE BE IT RESOLVED, that the Town Board hereby declares the Developer in default for failure to complete performance of the work required for the completion of the work on the road to be dedicated to the Town of Rhinebeck and/or the completion of all improvements in a subdivision known as the "Gardens at Rhinebeck" in accordance with plans, specifications and other documents filed with the Planning Board, conditions of Subdivision, site plan and/or special approval, and/or any security agreement entered into between the Project Developer and the Town of Rhinebeck.; and, be it further

RESOLVED, that the Town Supervisor and the Attorney to the Town are authorized and directed to take whatever steps are necessary to draw upon the existing Irrevocable Letter of Credit No. IDP100033 issued by China Trust Commercial Bank in the full amount of $678,922.49.

MOTIONED BY Dod Crane

SECONDED BY Ellen Silverstein

Dated: August 7, 2008

Roll Call Vote:

Councilman Crane aye

Councilwoman Silverstein aye

Councilman Staley aye

Councilman Washburn aye

Supervisor Traudt aye

At 7:45 on motion from Bruce and second from Ellen this meeting was unanimously adjourned.

Respectfully submitted

Barbara Cunningham,

Town Clerk

• Town Board

JULY 28, 2008 TOWN OF RHINEBECK TOWN BOARD MEINTES

PRESENT: Supervisor Tom Traudt Highway Sup't Kathy Kinsella

Councilman Dod Crane 17 residents

Councilwoman Ellen Silverstein 1 reporter

Councilman Bruce Washburn

Counsel Roderick MacLeod

ABSENT: Councilman Dan Staley

CALL TO ORDER

At 6:45 Supervisor Traudt opened this meeting. Brownies from Troop 78 lead the audience in the Pledge of Allegiance.

PLEDGE OF ALLIGIENCE

Girl Scout Troop 78 members Madison Chase and Sara Wood lead the Pledge of Allegiance.

ANNOUNCEMENTS

August 3rd - Child ID and finger printing program and K-9 demonstration to be held at Recreation Park on from 12 noon to 4 pm.

August 6th - Child Safety Seat installation checks at Recreation Park from 9-3.

August 14th - Comprehensive Plan Scoping Session at Rhinebeck High School auditorium at 6:30 pm

Waterfront Committee is looking for volunteers for Waterfront Day celebration on August 16th. Contact Cathy Washburn at 876-2244 or go to town website.

Finance & Control Committee and Rhinecliff Advisory Committee's are seeking new members. Contact Town Clerks office for application.

PRESENTATION

Thompson-Mazzarella Park update by Bob Ellsworth

The Master Plan for the Thompson/Mazzarella Park had almost a two year delay and significant increase in costs based on important archeological findings and necessary approvals required by the NYS Parks & Recreation & Historic Preservation Office. The following is a conceptual two phase proposed plan submitted to the Town Board for support and approval from the Park Committee, dated July 2008.

In addition, there are two major recommendations that the committee urges the Town Board to consider. First, that the Town Board establishes a new committee to identify needed swimming pool improvement and second. That another committee be established to plan and determine needs for an intergenerational Youth & Senior Center, - (the Park master plan identifies two potential sites for the Center.) These are two important components of the Park that were not within the committee's scope of responsibility, but certainly deserve immediate attention.

PHASE 1 (2008-2010)

Public meetings, approvals and fundraising

OPENING OF PARK - Public access improvements

All the improvements include earthwork, pavement, sidewalks, lighting, landscaping and storm drainage:

- new entry road and connection to Starr Library(includes removal of existing entry driveway)

- new 6 " diameter water service (transmission line extends to rear of park site) new fire hydrants will be included

- park entry sign and directional and safety signage

- relocation of play structures and fence due to new access road

- new drop off area for pool

- parking lots B and C including access roads between each parking area

PASSIVE & ACTIVE RECREATIONAL ACTIVITIES

- development of community gardens

- open grass space for picnicking, lawn games, a horseshoe pit, kite flying, bird watching and a variety of individual and family activities

- restroom and concession facility

- year round multi-use shelter (1,000 square foot designed for future expansion

shelter to be used during inclement weather

educational and program space for young and old

storage and repair area during winter months

used as needed and defined by the Recreation Committee

- soccer field with irrigation, topsoil, fencing and bleachers

- relocate basketball court, includes earthworks, pavement, markings, post and backboard, fencing and lighting

- lawn bowling, includes under drains and irrigation

- "protected area" used for environmental and archeological programs

- Year round trails (development participation by volunteer community organizations)

PHASE 2 (2010-2012)

- 2 little league fields with irrigation, topsail, fencing, dugouts and bleachers

- Relocate volleyball court

- Open play and practice field

- Dog park with fencing, water services and benches

- New picnic shelters

- Maintenance building/storage shed

- Finish infrastructure improvements and complete all components of park master plan

The proposed budget for improvement and development

EXPENSES

Infrastructure -signage, lights, storm water, drainage,

landscaping, underground, etc $676,750

10% reduction-roads, parking areas, infrastructure

To be completed in phase 2 ($152,000)

Sub-total $524,750

Lawn bowling, trails, and community gardens 145,000

Restrooms and concession 125,000

Multi-use shelter designed for future addition 150,000

Soccer and basketball 600,000

Contingency (10%) 150,000

Engineering 150,000

TOTAL $1,844,750

Income - over 3 years

Local government $900,000

Capital campaign 900,000

Trail grant 10,000

TOTAL $1,810,000

Bob stated the SEQR process needs to begin. The EAF has been started by the L A Group. He would also encourage the Town Board to act on the new committees. Our committee was not given the mission to upgrade the pool or Community Center placement.

BUSINESS BEFORE THE BOARD

1. Ellen motioned and Dod seconded to hire Matthew Halstead as substitute laborer for the transfer station at $7.35 per hour. Ellen explained this position is in budget and he will help monitor the stickers on cars. All were in favor.

2. Ellen moved and Dod seconded to accept with regrets Steve Rosenberg's resignation from Comp Plan effective July 15, 2008. Dod thanked Steve for his tremendous job on the Open Space/Affordable Housing issue. The Town owes him a debt of gratitude. Sally Mazzarella added that Steve was a unique individual with his Scenic Hudson background. The Open Space/Affordable Housing was brought to us by his efforts. Motion carried unanimously.

3. Rhinecliff Hotel maintenance agreement. Roderick read the following:

TOWN BOARD OF THE TOWN OF RHINEBECK

RESOLUTION IN SUPPORT OF ISSUANCE OF PERMANENT CERTIFICATE OF OCCUPANCY FOR RHINECLIFF HOTEL

WHEREAS, Rhinecliff Properties ("Applicant") made an application to, and on August 1, 2005, was granted site plan approval by, the Town of Rhinebeck Planning Board (the "Planning Board") for a "country hotel" consisting of lodging, restaurant and catering facilities, on premises located at Grinnell Street and Shatzell Avenue (TMP 16-6069-06-35592) in the Town of Rhinebeck; and

WHEREAS, Applicant additionally made applications for various use and area variances to the Town of Rhinebeck Zoning Board of Appeals which applications were granted on July 6, 2005 and April 2, 2008 ; and

WHEREAS, on December 3, 2007, April 21, 2008 and May 12, 2008 the Planning Board issued Resolutions for Amended Site Plan Approval to authorize various modifications which evolved during the construction period and to address specific changes to the site plan; and

WHEREAS, during construction, Applicant situated certain improvements, both public and private, within the Town Right of Way, including sidewalks, curbs, pavement striping on both Grinnell Street and Shatzell Avenue, catch basins, the restaurant grease trap, and two dry sewer pipes intended to connect private residences to the Hotel's pump station at some time in the future (collectively, the "Improvements"); and

WHEREAS, due to the private or semi-private nature of many of the Improvements, it is the responsibility of the Applicant, its successors and assigns to ensure the ongoing maintenance and continued operation of such Improvements; and

WHEREAS, provision must be made for the ongoing maintenance and continued operation of such Improvements;

WHEREAS, the Applicant has expressed both a desire and an economic urgency to obtain its permanent certificate of occupancy; and

WHEREAS, the Planning Board Chairman cannot sign the site plan, nor can the Building Inspector issue the permanent certificate of occupancy unless and until all conditions of the approvals have been satisfied, including provision for the ongoing maintenance and continued operation of the Improvements; and

WHEREAS, the Applicant and the Town Board are working diligently to finalize the details surrounding the ongoing maintenance and operation of the Improvements; and

WHEREAS, the formal and permanent provision for the ongoing maintenance and operation of the Improvements has not yet been completed; and

WHEREAS, the Town Board recognizes the urgency surrounding issuance of the permanent certificate of occupancy for the Hotel and does not wish to delay issuance unnecessarily; and

WHEREAS, the Applicant has agreed to provide certain assurances to the Town Board regarding the ongoing maintenance and operation of the Improvements in order to encourage the Town Board's support of the issuance of the permanent certificate of occupancy; and

NOW THEREFORE, BE IT RESOLVED THAT, the Town Board of the Town of Rhinebeck hereby agrees to support the issuance of the permanent certificate of occupancy for the Rhinecliff Hotel, as approved by the Planning Board and Zoning Board of Appeals, subject to the following conditions:

- Satisfaction of all conditions contained in the Resolutions of Approval for the project granted by the Planning Board and Zoning Board, respectively as evidenced by a sign off letter from the Engineer to the Town certifying satisfaction; and

- Execution of the Final Amended Site Plan by the Planning Board Chairman upon satisfaction of all conditions of approval; and

- Sign off by the Building Inspector of all of the conditions of the temporary certificate of occupancy have been satisfied; and

- Written agreement, in recordable form, binding upon the Applicant, its successors and assigns, and as acceptable to the Attorney to the Town:

(a) To diligently pursue and complete all outstanding items; and

(b) Not to connect the dry sewer pipes located under Grinnell Street and Shatzell Avenue unless and until all requirements of Town and State law are complied with, including, but not limited to, site plan amendment, formation of transportation corporation, approval of Dutchess County Water and Wastewater Authority, Department of Health approval, New York State Department of Environmental Conservation approval, etc., if required; and

(c) To dedicate any of the improvements to the Town, if the Town determines that such dedication is appropriate; and

(d) To hold harmless and indemnify the Town for any work done by the Applicant, its successors or assigns within the Town right of way; and

(e) That if any of the conditions required in this Resolution are not complied with or, if for any reason, after reasonable diligence by the Town to grant the Applicant the necessary easements, the Town is not permitted to do so under the law, the permanent certificate of occupancy maybe subject to revocation; and

- Continued diligent efforts by the Applicant, its successors and assigns to negotiate and execute a maintenance agreement, in form approved by the Attorney to the Town, for all of the improvements to be maintained by the Applicant, including without limitation, sidewalks, curbs, pavement striping on Grinnell Street and Shatzell Avenue, the grease trap, catch basins, storm piping, and dry sewer pipes, all installed as part of the project, and any other hotel provided utility or structure situated in the Town Right of Way; and

- Receipt by the Applicant of any necessary variances from the Zoning Board of Appeals relating to the setback requirements governing the retaining wall located on the Property if any are required; and

- The Applicant shall cooperate with the Town Board in the easement and permissive referendum process required pursuant to Town Law §64; and

- The Applicant must provide the Town with a bond or cash escrow for a period of time and in an amount sufficient to operate and maintain the improvements in the event same fail prior to resolution of all outstanding issues, which amount has been determined by the Engineer to the Town to be $53,476.20; and

- Satisfaction of all other conditions and statutory requirements, including, without limitation submission of the final "as built" as required by the May 12, 2008 resolution and signing of the final site plan by the Planning Board chairman.

Motioned by Bruce Washburn

Seconded by Dod Crane

John Marvin, counsel for James Chapman (owner of hotel) suggested the underlined changes in the wording which the Board agreed with. Mr. Marvin stated that he and Pam Richardson have been working hard on this agreement. This project has been a very long process, where site plan approval was granted and the owners were expecting to open the hotel. Then a laundry list of items needed to be resolved, none of which had to do with health or safety issues.

Supervisor Traudt aye

Councilmember Washburn aye

Councilmember Staley absent

Councilmember Silverstein aye

Councilmember Crane aye

4. Approval of July 14th and July 21st meeting minutes tabled to August 10th meeting since Dod wants them emailed the Friday before meetings.

5. Ellen motioned and Dod seconded to set August 7th at 4:30 as Comp Plan pre scoping workshop with Michael Zarin, Warren Replansky, Sally Mazzarella, Ted Fink and Graham Trelstad. Carried unanimously.

6. Dod motioned and Ellen seconded to authorize Supervisor Traudt to sign Village of Rhinebeck request to allow Village Planning Board to serve as lead agency for the Rhinebeck Village Place development at 46 W. Market Street site plan. Dod questioned why we need to approve this and Roderick Mac Leod said this borders on the Town/Village lines. Sally Mazzarella would like the Town Board to be listed as an interested agency. The Town Clerk will add that wording the to approval. All were in favor of amendment.

7. Ellen moved and Dod seconded to set Informational Workshop session August 1st at 4:00 with Mr. Randall Arendt, conservation planner at Town Hall. Motion carried unanimously.

8. On motion from Dod and second from Ellen abstract 7B for $113,379.18 - vouchers 761-821, checks 3666, 3745-3796 was unanimously approved.

9. Whereas the recreation committee has determined that the vacated position of recreation director should be filled; and

Whereas the recreation committee has selected Alice Cunningham to fill the position for the remainder of 2008

Therefore, be it resolved that Alice Cunningham is appointed as the Town of Rhinebeck Recreation Director; and

Be it further resolved that the prorated, total salary for the part time recreation director for the remainder of 2008 is $5,800.

Be it further resolved that the appointed shall commence on August 1, 2008

Dod motioned and Ellen seconded to approve above resolution. Bruce explained that there were 17 applicants and 7 interviews were held. Motion carried unanimously

10. Ellen moved with Bruce seconding to approve Jeff Decker repairing filter

bed at Vanderburgh Cover Sewer District for $3,400.00 per Anthony

Gasparini's recommendation. All were in favor.

11. Dod motioned and Ellen seconded to appoint Tom Holsapple to

Rhinecliff Advisory Committee through 7/31/2010. Motion carried

unanimously.

12. On motion from Ellen and second from Dod Cap Project #38 Parks/Rec

ABS 5 voucher 7, checks 3797-3800 for $15,568.10 and Cap Proj #78

Cemetery ABS3, vouchers 6-7, checks 3801-02 for $4,720.00 were

unanimously approved.

DISCUSSION

Update from Town Counsel on outstanding lawsuits:

As per your request please find a report with respect to the pending litigation against the Town of Rhinebeck that we have received from prior Town Counsel or have been submitted since that time.

Starr Building Realty, LLC vs. Town of Rhinebeck, this is a tax certiorari proceeding pending for years 2006, 2007, and 2008. This is on the court calendar, but there is no trial date or appraisal exchange date as of yet.

Stop & Shop vs. Town of Rhinebeck, this is a tax certiorari proceeding pending for years 2003, 2004, 2005, 2006, 2007, and 2008. This is on the court calendar, but there is no trial date or appraisal exchange date as of yet.

Vanderburgh Cove Homeowners Association vs. Town of Rhinebeck, per my previous correspondence to the Board, (attached) the time for which the petitioners have to perfect their appeal is September 18, 2008.

class=Section2>

Consolidated Iron and Metal Co. Superfund Site. This is a superfund cleanup action involving the Town of Rhinebeck and a number of other potentially responsible parties. Prior to our involvement the Town conceptually agreed to settle this case for a contribution of $49,907.23 to the EPA. I am in receipt of proposed settlement documents from the EPA and am in the process of reviewing those. We will need to make arrangements to pay the settlement amount by September 30, 2008.

CSI Developers vs. Town of Rhinebeck. This is an Article 78 proceeding that has just recently been commenced. We have not yet put in a response and are discussing possible solutions with the Planning Board Chairman as it pertains to this issue. This involves the application of the moratorium on commercial building in excess of 8,000 sq. ft. The Planning Board has declined to take any further action with respect to this pending application and the petitioner has challenged the Board's position on this as to the applicability of the moratorium regarding this project.

David and Ruth Queen vs. Town of Rhinebeck. Queen commenced a proceeding to seek a Declaratory Judgment that they have a legal right-of-way easement over property adjacent to the Town's Transfer Station and the closed landfill. The Queen property, which they acquired in 1979 is a five (5) acre parcel, which otherwise would be landlocked.

GELLERT & KLEIN, P.C.

BY:

Liaisons Committee updates

Ellen reported that the transfer station office will be painted and the State Insurance has inspected the station and a couple of things need to be corrected. Roger Newkirk has reported that 5 dogs have been picked up and 2 black dogs are living at large in the area but have been impossible to catch. The Village police department says accidents are up, 2 burglaries but nothing was taken. They have been patrolling the dock and train station in Rhinecliff and along River and Mt. Rutsen Roads and ticketing heavily.

DOD said the grievances for the year were way down. There is one opening on the B.A.R. The Affordable Housing/Open Committee is about to disband since their mission is complete. DOD will ask the committee to formulate a resolution to dissolve the committee but start a new committee. There are several options out there and we will pursue. The Rhinecliff Advisory Committee has been devoting it self to the Comprehensive Plan. Pells Road work is about to begin.

Bruce stated the playground benches and recreation parking lot have been painted. The Dutchess County Youth grant is being completed. The Web Committee is looking for money for an e-mail tool which will give us better control. The Technology Committee is conducting an inventory between the Town and Village. The Finance and Controls Committee is revamping the procurement policy and recommendations will be coming soon. The maintenance department is backfilling the dock area for safety reasons.

Tom announced that the new Aging Committee booklet, Growing Older in Rhinebeck, is available and is being distributed by the committee. Collaboration between the schools, fairgrounds and town village is definitely making progress. Hopefully there will be an aging expo with Red Hook senior at the fairgrounds in September. The school district has agreed to open their facilities on rain dates for our recreation program. Last month a cooling station was set up at the village firehouse when the weather became unbearable.

ADJOURNMENT

At 8:40 on motioned from Ellen and second from Dod this meeting was unanimously adjourned.

Respectfully submitted,

Barbara Cunningham

Town Clerk

• Town Board

TOWN OF RHINEBECK

ZONING BOARD OF APPEALS

MEETING MINUTES OF JULY 16, 2008

PRESENT: David Baldauf, Chairman

Jeff Irish

Pierce Smith

Michael West

ABSENT: Scott Bergin

I. CALL TO ORDER

The meeting was called to order by David at 7:30 p.m.

II. APPROVAL OF MINUTES

Minutes of July 2, 2008 meeting minutes were reviewed and approved.

III. NEW BUSINESS

Maher, Susan - Case #747 - Area Variance Application to change single family to two family dwelling for property located at 56 Old Post Road, Rhinebeck, New York. Applicant submitted a letter rescinding her prior application, Case # 738. Ms. Maher explained that she wishes not to have a bed and breakfast and wants to make her home two family with one family dwelling being upstairs and one downstairs. Pierce stated her property is now considered a single family with a bed and breakfast. Mrs. Maher stated she gave along with the application a School Tax bill which shows the property as a two family dwelling. Pierce noted there were two other resolutions for the property applied for by a previous owner and asked them to be provided at the next meeting. Mrs. Maher stated she doesn't feel comfortable having a bed and breakfast with strangers coming and going often. She knows a young couple soon to be married and would like to rent to them. Mrs. Maher also stated changing to a two family dwelling would not change the footprint of her home at all, and added she has two driveways, one on the north side and one on the south. Mrs. Maher also stated there has always been two entrances, driveways and decks with a private yard. Jeff noted at the prior Public Hearing her agent stated he had begun construction of a door and stairwell six months ago. Mrs. Maher said this is true and she thought this egress would be grandfathered. Jeff asked if this was an open or closed permit. Mrs. Maher said she was not sure and would find out. David asked for a drawing of her lot showing distance to the neighboring properties. Mrs. Maher stated she submitted letters showing support from her neighbors. David told her they would also have a chance to speak at the Public Hearing. Motioned by Michael and seconded by Pierce, the application was accepted. A Public Hearing was scheduled for August 6, 2008, at 7:35 p.m.

Schiffman, David - Case #748 - Interpretation Application for review of Zoning Officer's Decision, regarding accessory structure for property located at 163 Old Post Road, Rhinebeck, New York. Dr. & Mrs. Schiffman and their authorized representative and architect Ray Nelson were present and reviewed the application with the Board. Mrs. Schiffman stated she is an author and resident for 23 years and this property is declared on the National Registry. David stated pursuant to the Zoning Enforcement Officer this was a studio apartment. Mrs. Maher stated she needs the area for her writing studio and having a kitchen, tub and resting area helps her with her work. Mrs. Schiffman also stated this is not used as an apartment or rented. Pierce asked the height of the structure. Mr. Nelson stated it is 32 feet from the basement. Mr. Nelson stated they would be wiling to remove the kitchen and tub. David stated any changes they wish to make in order not to be considered an accessory dwelling would have to be discussed with the Zoning Enforcement Officer. Mr. Nelson stated he would speak with Jack Maasz and try to reach an agreement. Motioned by Pierce and seconded by Michael, the application was accepted. A Public Hearing was scheduled for August 6, 2008, at 7:45 p.m.

Eisserer, Walter - Case #749 - Area Variance Application for front setback reduction from 75 feet to 45 feet for property located at 71 Stone Church Road, Rhinebeck, New York. Applicant was present and reviewed the application with the Board. Mr. Eisserer stated the old tent had been there for 8 years and was damaged by snow. The new tent would only be used to store a lawnmower and some gardening equipment. Mr. Eisserer also stated the tent would not be bothersome or visible by any neighbors and is approximately 85 feet from the road. David advised neighboring property owners would be notified of the variance request and Public Hearing. Motioned by Pierce and seconded by Jeff, the application was accepted. A Public Hearing was scheduled for August 6, 2008, at 7:55 p.m.

IV. PUBLIC HEARINGS

Rhinebeck Mews, LLC. - Case #737 - Area Variance Application for fence height increase, creation of signage and signage size. The Public Hearing opened at 8:05 p.m. Matt Moore of Rhinebeck Mews, LLC., was present and reviewed the application and showed drawings of present building and drawings of proposed signage and sale and display areas. Pierce asked the size of the two outdoor display areas and Mr. Moore stated 6,900 square feet and 9,100 square feet to the north. Mr. Moore added they would both be fenced. Mr. & Mrs. Williams, owners of a neighboring business, Williams Lumber, were present, along with Mrs. Sally Mazzarella. Mrs. Mazzarella noted it would be nice to see drawings of their sale displays. She stated the new comprehensive plan shows potential to retrofit many developments to dress up the area. Mrs. Mazzarella stated concern that this store would change the traffic patterns and would not fit in with the neighborhood like design, and would be counteracting what the town residents would like to see. Scott asked what the 8 foot fence would be made of and Mr. Moore stated it would be chain link fence approximately 400 feet from the road. Pierce asked how much space the store would be using. Mr. Moore stated Tractor Supply would be using 22,000 square feet, approximately 66% of the building. Mr. Williams stated he felt the fencing would give a prison-like look. Mr. Moore stated the store would have the same signage and color scheme as Stop & Shop. Mr. Moore stated he has partial commitment from other tenants. Mrs. Williams asked if they would be planning on cutting trees on the north side of the entranceway. Mr. Moore stated it was not planned at this point. Mr. Williams stated there are wetlands in the area to be considered. Ms. Williams asked about the security fence. Mr. Moore stated it would be approximately 75 feet from the building. Ms. Sharon Sherrod stated she would be in favor of the outdoor area for gas tanks and such. Mr. Moore stated there would be a concrete pad for the tractor display area. David asked if there would be an awning over top of the display areas. Mr. Moore stated there would not be. Mrs. Mazzarella stated concern about the amount of fencing and how much of their products would be displayed outside. David asked why they were planning to use so much outdoor display space. Mr. Moore stated it was for economical reasons and is currently being considered by the Planning Board. David asked if the outdoor display area would be visible from the road. Mr. Moore said it would not be. David asked if they have spoken to Stop & Shop about how they would share the sign space. Mr. Moore stated Tractor Supply would like to have their own sign. Pierce stated the law says the square footage for shopping centers is 100,000 square feet and the proposed space is 116,000 square feet. David stated he would research the law and moratorium. The Public Hearing was closed at 8:45 p.m.

V. OLD BUSINESS

RESOLUTION FOR AN AREA VARIANCE -Darin Page - CASE 743

WHEREAS, an application for an area variances, Case # 743, was filed on May 29, 2008 by Darin Page ("Applicant") in compliance with the Town Law;

WHEREAS, a public hearing on this application for the variance was advertised and held by the Town of Rhinebeck Zoning Board of Appeals on June 18, 2008 at the Town Hall;

WHEREAS, the record of the hearing has been reviewed and the members of the Board have familiarized themselves with the premises;

NOW THEREFORE BE IT RESOLVED, by the Board of Appeals that for the following reasons the Board GRANTS approval for an area variance to permit a sideyard setback reduction from 20 feet to seven feet. This action is based on the following findings:

1. The property is located in the R1A district in the Town of Rhinebeck and is known as tax parcel # 6069-06-461962.
2. The Applicant wishes to install a swimming pool in a location which is seven feet from the neighbor's property line. Section IV (G) of the law requires a 20 foot setback for accessory structures and so the applicant is requesting a variance.
3. The pool, which has been partially completed, is located near the property line with The Church of Good Shepherd (St. Joseph's) in Rhinecliff. Applicant is attempting to obtain a lot line adjustment with the Church and the Church has submitted a letter which supports the requested variance.
4. There were no objections at the public hearing, and, as stated above, the Church next door has expressed support for the variance.
5. The pool location and variance will not cause a determent to the neighborhood, and there will be no adverse impact on the environmental conditions of the neighborhood. .
6. Dutchess County states this is a matter of local concern.
7. The ZBA, after due deliberation, approves the above request for a variance from Section IV (G) under their authority cited in Section XI of the law.
8. Unless implementation is commenced within one year from the date of issuance of his variance, the variance shall become null and void without further action of the ZBA.

Motioned by: Pierce Smith VOTE:

Seconded by: Michael West` Jeff Irish - yes

Pierce Smith - yes

David Baldauf - yes

Michael West - yes

Scott Bergin - absent

Dated: July 17, 2008

ZBA Secretary: Jadeen Murray

SEQ CHAPTER \h \r 1 RESOLUTION GRANTING AN AREA VARIANCE -

STEPHEN DAVIS

CASE #746

WHEREAS, an application for an area variance, Case #746, was filed on June 12, 2008 in compliance with Town Law by Stephen Davis through his representative John Post, Jr. relative to a property on Morton Road;

WHEREAS, a public hearing on this application was held on July 2, 2008 at the Town Hall;

WHEREAS, the record of the hearing has been reviewed and the members of the Zoning Board of Appeals have familiarized themselves with the property;

NOW, THEREFORE BE IT RESOLVED, that for the following reasons the Board GRANTS approval for an area variance relative to lot width from the required 400 feet or greater to 375 feet:

1. The property is located in an R5A Zone in the Town of Rhinebeck, New York, and is known as tax parcel #6069-00-370485.

2. The applicant wishes to construct a dwelling on the 8+ acre property whose required width at the requested building site is less than 400 feet.

3. The desired placement of the dwelling is in an area where the lot width at its narrowest is approximately 384 feet. The location of the proposed dwelling is necessitated by the existing land conditions including topographic data, rock outcroppings and property lines.

4. Section IV(L) of the Town of Rhinebeck Zoning Law requires a minimum lot width of 400 feet for the creation of a structure in the R5A Zoned District.

5. The neighboring property owners Page Marx, who owns property immediately south of the parcel, and Frank and Helene Crohn, who own property immediately to the north, were present. The neighbors reviewed the proposal and had no objection.

6. The ZBA has determined that the granting of the variance will have no negative impact on the neighborhood.

7. The Board makes a negative declaration of the environmental assessment as part of this motion.

8. The Dutchess County Planning Board has stated that this is a matter of local concern.

9. Accordingly, the Zoning Board of Appeals after due deliberation grants the requested area variance from Section IV(L) for the placement of a dwelling where the minimum of lot width is less than 400 feet to the requested reduction of 375 feet. The Board does so pursuant to its authority under Section XI of the law.

10. The variance will be null and void if construction is not commenced within one year of the granting of the variance

11. The granting of the variance does not relieve applicants from obtaining additional approvals, if required.

Motioned by: David Baldauf VOTE:

Seconded by: Pierce Smith David Baldauf - yes

Pierce Smith - yes

Michael West - yes

Jeffrey Irish - yes

Scott Bergin - absent

Date approved: July 16, 2008

Zoning Secretary: Jadeen Murray

VI. ADJOURNMENT

The meeting was adjourned at 9:15 p.m.

Respectfully submitted,

Jadeen Murray

ZBA Secretary

• Town Zoning Board of Appeals