Planning board allows remediation work under CPL oversight after unauthorized excavation at dam; violation remains until sign-off

The Town of Rhinebeck Planning Board on an agenda meeting (date not specified) agreed to allow remediation work at a dam site where unauthorized excavation was performed for a proposed micro‑hydro installation, provided the work is conducted under the direct supervision of CPL, an engineering consultant retained by the town.

Planning department staff told the board the work was done without authorization and that recent site photos and an initial planting and shoreline detail had been provided by the applicant’s agent. Staff recommended allowing remediation now so restoration can proceed under CPL oversight; the board would not approve the site plan until CPL and the applicant’s engineer sign off that the site has been restored.

The recommendation responds to what staff described as substantial earthmoving around the structure and visible mud and sediment running into the creek. Staff said CPL would provide daily or regular on‑site oversight, that the contractor must deposit $7,500 into an escrow account immediately to cover consultant oversight, and that CPL would withhold progress sign‑offs until each checklist item was completed.

Board members stressed that the violation and a stop‑work order would remain in place until restoration is complete and accepted by CPL and the applicant’s engineer. The board directed that deviations from the approved remediation plan must be submitted as formal change requests (RFIs or change orders) to CPL for review and approval before being implemented.

The board scheduled a follow‑up update and continued hearing for June 16 and asked the CPL engineer who will oversee the work to attend that meeting. Members also directed staff to require a pre‑construction coordination meeting among CPL, the zoning administrator and the contractor before field work begins.

The board’s approach is procedural: allow immediate remediation activity to stabilize the site and limit further erosion, while withholding final site approval until independent oversight confirms restoration meets town requirements.

A board motion to permit contractor mobilization under CPL direction, conditioned on the immediate $7,500 escrow deposit and CPL sign‑offs prior to any site‑plan approval, was moved, seconded and approved by voice vote.