TOWN OF ESOPUS
PLANNING BOARD MEETING MINUTES
January 25, 2001
BOARD MEMBERS PRESENT: Marilyn Coffey, Chairperson
ALSO PRESENT: Miles Putman, Shuster Associates, Planning Board Consultant
At 7:00 pm, Chairperson Marilyn Coffey called the meeting of the Town of Esopus Planning Board to order beginning with the Pledge of Allegiance to the Flag. Marilyn then advised the public of the building’s fire exits, and roll call was taken.
Planning Board member Roxanne Pecora requested that the minutes of December 28, 2000 reflect, under Victorian Associates on page 5, that the Board received a letter from Richard Sturmer of Rondout Hills dated 12/1/00. In addition, on page 7, paragraph 2, still under Victorian Associates, Roxanne requested that the following be added after the fifth sentence (Richard Sturmer stated that it was, it is in the offering plan.):
At this time, the minutes from 1985 were read which verified that the roads had to be brought to Town specs.
It was noted that a letter dated January 18, 2001, from Richard Sturmer to the Planning Board was received. A copy of the same is on file. This letter requested that the December 28, 2000 minutes be corrected and/or clarified by the deletions and additions that were noted in his letter. Chairperson Coffey stated that only Planning Board members could approve or amend the minutes. She also noted that if the Board members recalled the changes requested by Mr. Sturmer or if they were dissatisfied with the minutes, they could note the same. It was decided to stand by what the record showed.
ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD APPROVE THE MINUTES AS AMENDED ABOVE. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.
A MOTION WAS
MADE BY LINDA SMYTHE AND SECONDED BY ROXANNE PECORA TO ACCEPT ALL VOUCHERS
SUBMITTED AND READ. ALL MEMBERS PRESENT
WERE IN FAVOR OF THE MOTION WHICH PASSED BY A 7-0 VOTE.
The vouchers submitted and read were as follows:
Kristy L. Nelson............(12/23/00 - 1/19/01)......................................................................................... 27.5 hrs.
Daily Freeman...............(Pittner/Abrams Public Hearing).................................................................... $ 25.71
Daily Freeman...............(Feinberg/R & S Enterprises/Kelly/Victorian Assoc. Public Hearings)....... $ 50.45
Daily Freeman................(Schroeter Public Hearing)............................................................................ $ 11.16
Chazen Engineering.......(Connelly Village Review - TO BE PD. FROM ESCROW)........................ $346.50
PUBLIC HEARINGS & OLD BUSINESS
SCHROETER - (2000-032) - 100 Suominen Road, Rifton, NY
Lot Line Adjustment
Tax SBL #63.003-3-21/50 & 71.001-3-10
RUSS SHULTIS MADE A MOTION, SECONDED BY FRED ZIMMER, TO OPEN THE PUBLIC HEARING FOR SCHROETER. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE. Mary Parker represented Mr. Schroeter at this meeting. Miles Putman of Shuster Associates gave his application review on the case. A copy of the same is on file and a copy was given to Ms. Parker. Chairperson Coffey called for any public comments. None were made. Russ Shultis noted that at the last Planning Board meeting it was requested that a notation be put on the map regarding no further subdivisions which was a condition of the ZBA variance. He wondered if this had been done. Mary Parker stated that it would appear on the final map. ROXANNE PECORA MADE A MOTION, SECONDED BY RUSS SHULTIS, TO CLOSE THE PUBLIC HEARING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.
LINDA SMYTHE MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD RENDER A DETERMINATION OF NON-SIGNIFICANCE (NEGATIVE DECLARATION) PURSUANT TO SEQR; AND GRANT PRELIMINARY PLAT APPROVAL; WAIVE SUBMISSION OF A FINAL PLAT AND GRANT FINAL PLAT APPROVAL WITH THE CONDITION THAT A NOTE BE PLACED ON THE MAP, AS PER THE AREA VARIANCE CONDITION FROM NOVEMBER 2000, THAT THERE SHALL BE NO FURTHER SUBDIVISION OF LOTS 3 & 4 AND THE RIGHT-OF-WAY SHALL BE NO LESS THAN 50’ IN WIDTH. ALL MEMBERS, WITH THE EXCEPTION OF FRED ZIMMER WHO ABSTAINED, VOTED IN FAVOR OF THE MOTION. MOTION CARRIED BY A 6-0-1 VOTE.
ABRAMS (CONNELLY VILLAGE) - (1999-019) - Off James St., Connelly, NY
Conditional Use Permit w/Site Plan Amendment
Tax SBL #56.015-1-1.2
ROXANNE PECORA MADE A MOTION, SECONDED BY RUSS SHULTIS, TO OPEN THE PUBLIC HEARING FOR ABRAMS/CONNELLY TRAILER PARK, CASE 1999-019. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE. There was no representation at the meeting for the applicant. Miles Putman of Shuster Associates gave his project review for this case. A copy of the same is on file and a copy was mailed to the applicant. The following correspondence letters regarding this case were reviewed:
· Donald F. Kiernan to Planning Board dated January 9, 2001, regarding reviewing plans for the addition to the Connelly Terrace Trailer Park.
· Donald F. Kiernan to Planning Board dated January 11, 2001, regarding comments on Connelly Village Section 4 which he requested be part of any final site plan approval.
· Waterfront Advisory Board to Planning Board dated January 23, 2001, stating they had no comment on the Abrams/Connelly Mobile Home Park project.
· Patrick Bennett to Planning Board dated January 21, 2001, regarding concerns about the Abrams proposal.
It was noted that this application was referred to the Connelly Fire Dept. for their review and comments. However, no reply was received other than Mr. Bennett’s request, as Chairman of the Board of Fire Commissioners, in his letter referenced above dated January 21, 2001 pertaining to 911 updates.
Mark Canzian, a tenant of Connelly Trailer Park, wanted to know if there was a plan or set blueprints of where exactly the roads were going to go. Mr. Canzian reviewed the maps posted.
Mrs. Canzian stated that she had a concern about the school bus stop since it is constantly causing problems now. She wondered how this issue would be handled when adding 29 more units which could possibly have 2 children per unit. Mrs. Canzian felt this matter should be taken into consideration. Chairperson Coffey stated that the Planning Board was limited and did not have the authority to make any change regarding such an issue. She advised Mrs. Canzian to get a group of her neighbors to attend a Town Board meeting about this concern. Roxanne Pecora did note that the Planning Board, last year, wrote a letter to the Town Board about their concerns regarding the access in and out of the trailer park as well as Connelly.
Mark Canzian wondered how Mr. Abrams got a variance from the ZBA for the roads since at the ZBA meeting he attended, the Board requested the roads be staked out and surveyed; and this hadn’t been done. Chairperson Coffey informed Mr. Canzian that he would have to speak with the ZBA (Chairperson Joe Guido) regarding this matter. Mr. Canzian felt the blueprint submitted was still wrong regarding the road because of the retention pond and an existing trailer nearby.
At this time, Chairperson Coffey read the variance granted to Mr. Abrams. Discussion was had.
KATHY WEITZE MADE A MOTION, SECONDED BY FRED ZIMMER, TO CLOSE THIS PUBLIC HEARING. ALL MEMBERS WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.
Discussion was had regarding access in and out of Connelly as well as the trailer park. Fred mentioned an emergency crossover in the back between Florida St. & Center St. Miles Putman of Shuster Associates stated that to his knowledge the Planning Board previously came to the conclusion that the existing access situation is ‘as is’ and that Mr. Abrams met the letter of law even if the Board had ongoing problems about the general access in and out of Connelly. He added that for the Board to go back and reneg on this finding, it would put Mr. Abrams in an unfair situation.
Some Board members felt a workshop meeting would help to clarify questions regarding this application.
MARILYN COFFEY MADE A MOTION,
SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD TABLE THE ABRAMS/CONNELLY
TRAILER PARK APPLICATION UNTIL NEXT MONTH.
ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0
PITTNER - (2000-034) - 351-367 River Road; 745 Broadway, Ulster Park, NY
Lot Line Revision
Tax SBL #64.003-5-30
LINDA SMYTHE MADE A MOTION, SECONDED BY RUSS SHULTIS, TO OPEN THE PITTNER PUBLIC HEARING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE. Dave Dippel, surveyor, represented the applicant at this meeting. Miles Putman of Shuster Associates gave his project review for this case. A copy of the same is on file and a copy was given to Mr. Dippel. At this time, Chairperson Coffey called for public comments. Tom Maynard reviewed the map and asked about the setback distance. Dave Dippel noted that nothing had changed from the original proposal except that the interior line between Lots 1 & 2 was being moved to eliminate the driveway easement for Lot 2. He estimated the setback to be 300’. Mr. Maynard then asked what the setback was from the Nemeth Farm. Mr. Dippel stated it was about 150’ from the boundary line. Tom Maynard presented the Board with a letter dated January 25, 2001 from himself and requested it be put on file. It expressed his unhappiness with the Board’s process as well as presented farm neighbor’s feelings about spraying. LINDA SMYTHE MADE A MOTION, SECONDED BY RUSS SHULTIS, TO CLOSE THIS PUBLIC HEARING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.
LINDA SMYTHE MADE A MOTION, SECONDED BY RUSS SHULTIS, THE THE PLANNING BOARD RENDER A DETERMINATION OF NON-SIGNIFICANCE (NEGATIVE DECLARATION) PURSUANT TO SEQR; AND GRANT PRELIMINARY PLAT APPROVAL; WAIVE SUBMISSION OF A FINAL PLAT AND GRANT FINAL PLAT APPROVAL. ALL MEMBERS PRESENT, WITH THE EXCEPTION OF ROXANNE PECORA WHO ABSTAINED, WERE IN FAVOR OF THE MOTION. MOTION CARRIED BY A 6-0-1 VOTE.
HUBENER - (2000-003) - 106 Union Center Road, St. Remy, NY
Conditional Use Permit - Accessory Apt.
Tax SBL #63.010-3-7
Ms. Hubener was present at this meeting. Miles Putman of Shuster Associates gave his project review for this application. A copy of the same is on file and a copy was given to the applicant. A letter from the Building Inspector to Ms. Hubener dated January 25, 2001 was read. KATHY WEITZE MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING FOR THIS APPLICATION ON THURSDAY, FEBRUARY 22, 2001 AT 7:00 PM AND REFER THE SAME TO THE ULSTER COUNTY PLANNING BOARD FOR THEIR REVIEW. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE. The Planning Board requested that the applicant clarify the location of the three (3) required parking spaces by showing them on the site plan map.
LAFFIN & BAKTER - (2000-035) - 85 Soper Road, West Esopus, NY
3 Lot Re-subdivision/plat amendment
Tax SBL #71.001-4-52.1
The applicants were
present at this meeting. Miles Putman
of Shuster Associates gave his project review for this case. A copy of the same is on file and a copy was
given to the applicants. LINDA SMYTHE
MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD
SCHEDULE A PUBLIC HEARING FOR THIS APPLICATION FOR THURSDAY, FEBRUARY 22, 2001
AT 7:15 PM. ALL MEMBERS PRESENT WERE IN
FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE. It was noted that the deed for the proposed street parcel was
forwarded to the Planning Board’s attorney for his review as well as the
Highway Superintendent. Both felt
everything appeared to be in order.
WASHINGTON - (2001-001) - 137 Broadway, Port Ewen, NY
Tax SBL #56.060-1-4 & 42
Mr. Washington was present at this meeting. Miles Putman of Shuster Associates gave his project review for this application. A copy of the same is on file and a copy was given to the applicant. At this time, Miles Putman read a section from the town’s zoning regarding change of use. He stated that site plan approval shall not be required for the change of use or ownership of a permitted use to another permitted use in the district which has the same parking requirements as the original, and if it has less parking requirements, it falls within this same waiver. Roxanne Pecora asked about the apt. downstairs in this building. Mr. Washington noted that no one would be living downstairs, he would be using that area as his office and for storage. Chairperson Coffey asked the applicant what type of lingerie he would be selling. Mr. Washington stated it would mostly be Victoria Secret type lingerie, and they also have a line from Manhattan, Anna Cart, that they just picked up. The Board did make Mr. Washington aware of the fact that the Town did have adult zoning in order for him to watch what he was selling. Mr. Washington did provide the Board, as requested, with a copy of the second property owner’s release from the deed.
After discussing the parking situation that existed, it was the Board’s feeling that since the new commerical occupancy required the same amount of parking, or less, than the restaurant, then the proposed occupancy would be exempt from any further site plan review, as per the provisions in Section 123-27.A.4.
CARIDI - (2001-002) - 354 Broadway, Port Ewen, NY
Conditional Use Permit
Tax SBL #56.083-4-10.122
Mr. Caridi was present at this meeting. Miles Putman of Shuster Associates gave his project review for this application. A copy of the same is on file and a copy was given to the applicant. Mr. Caridi was told that the Planning Board could take no further action on this application since the lot is undersized with respect to the bulk requirements for mixed-use occupancy. There also remained questions on compliance with the transition requirements of Section 123-21.B, and with the standards of the Overlay District, Section 123-17. The Board told Mr. Caridi that he could apply to the Zoning Board of Appeals for an area variance regarding the undersized lot and if obtained, then come back before the Planning Board. Chairperson Coffey also told Mr. Caridi to keep in mind that in an overlay district, the Planning Board has to really control the visual impact on the community, i.e. landscaping, lighting, etc.
Two (2) Zoning Board
of Appeals’ case referrals (Gordon/Brewer & ELCO) were reviewed by the Planning
Board. The Board’s comment on
Gordon/Brewer was that without a topographical map, it was impossible for the
Planning Board to comment on the referral.
There was no comment regarding ELCO.
COSTELLO - (2001-003) - 427 Broadway @ Catherine Street, Port Ewen, NY
Lot line Revision ( 7 Parcels into 3)
Tax SBL #56.020-3-5, 6, 8, 28.1, 28.2, 30, 39
Steve DeSalvo represented the applicant at this meeting. Miles Putman of Shuster Associates gave his project review for this application. A copy of the same is on file and a copy was given to Mr. DeSalvo. Discussion was had regarding right-of-ways. It was felt that the map should depict any and all existing right-of-ways that may have been granted to Depew (56.020-3-7) and Costello (56.020-3-9) and if none were granted, right-of-ways should be established and shown. Next, discussion was had regarding the flag lot. It was the Planning Board’s feeling that there seemed to be some necessity for the flag lot because in order to create or require a 100’ wide lot, it would create setback encroachments upon the existing restaurant building. KATHY WEITZE MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD WAIVE THE MAXIMUM DEPTH REQUIREMENT FOR THE FLAG LOT STRIP OVER 300’. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE. Steve DeSalvo was advised to have the maps revised to depict the following:
· Existing sewer and water line service connections, and also laterals and mains, if any exist, as well as any wells and septic. Fred Zimmer requested also showing the well and septic of the Depew (56.020-3-7) and Costello (56.020-3-9) properties.
· Bounds of any existing right-of-ways or right-of-ways to be created.
· Lot lines clearly labeled as ‘to be deleted’ and ‘proposed’.
Presubmission Conf. - Schloss (94 River Road - Educational Use)
Eli Schloss and Mary
Redmond appeared before the Planning Board for a presubmission conference
regarding the purchase of 94 River Road as their residence and to incorporate
and operate a nonprofit organization, River Rest Foundation, for educational
services to foster historical and environmental awareness of the Hudson
River. Packets regarding the River Rest
Foundation were submitted to the Board members and reviewed. Chairperson Coffey asked how large of a lot
94 River Road is. Mr. Schloss stated
around 5 acres. Russ Shultis asked if
this lot included the barn. Mr. Schloss
noted that this was up for discussion since there was some confusion there. He stated that the clear title that is being
proposed to him does not include the barn.
Chairperson Coffey asked if the river was deep enough to bring in a big
enough boat. Mr. Schloss said yes, the
Jones had a 50’ sail boat that they would have 20’ out from land. Miles Putman had concerns about the
condition and capacity of the septic system and a safe place for a bus pull-off
to disembark up to 28 students at this location. He also wondered if Mr. Schloss would be buying all 4-5 acres
from Mr. Jones or if this was going to be subdivided and he would be buying a
subdivision lot. Mr. Schloss stated
that the way negotiations stood now, they did not know whether it would be the
full lot or the subdivision. They were
interested in the full lot. Miles
Putman noted that an educational use would have an area requirement of two
acres. In regard to the septic, Mr.
Schloss stated that they were looking into self-recycling toilets,
environmentally friendly type systems, most likely not on the waterfront
site. He added that on the waterfront
side, improvements being considered would be a pavilion, floating dock, and the
realignment of the stairs. Miles Putman
noted that any site plan submission might include a request from the Planning
Board for some building elevations. Mr.
Schloss’ next step would be to submit a formal application for a conditional
use permit with site plan.
Presubmission Conf. - Mignone (Route 9W)
Anthony Mignone was present for this presubmission conference for the alteration of a mixed-use occupancy with additional apartments. Miles Putman of Shuster Associates gave his project review for this presubmission request. A copy of the same is on file and a copy was given to Mr. Mignone. Anthony Mignone noted that there were 4 bedrooms in the building now and he proposes to add two (2) bedrooms. Miles Putman noted that some issues to consider regarding this application would be the parking and the capacity of the septic system. Mr. Mignone was told that his next step would be to submit a formal application for a conditional use permit.
Presubmission Conf. - Staccio (Hussey Hill Road)
Mike Vetere, surveyor, represented the Staccio’s at this meeting. He presented a map for review. Mike explained that the Staccio’s own a landlocked parcel of land off Hussey Hill Road, and they anticipate going to contract to purchase a 50’ extension off Hussey Hill from Kohn back into this property. The Staccio’s would like to subdivide their parcel with the 50’ extension into 2 lots, one being a flag lot. It was noted that Kohn would retain a right to use this 50’ extension. Miles Putman of Shuster Associates noted that the 50’ extension purchase looked like it would split Kohn’s property into two (2) lots. Mike Vetere stated that he was hoping not to get into a subdivision with Kohn’s lot and wondered what the Board’s feeling was regarding this. He also noted that requiring a complete survey of Kohn’s parcel would create an extra burden on the person that was trying to subdivide. Miles Putman noted that one alternative would be to put notes on the map saying ‘not approved as a separate lot’. He also did not know if the Board could necessarily require a full survey given the amount of land that was being carved out to create the 50’ strip. Miles stated that there are times when it is reasonable to waive a full boundary survey. A straw poll was taken to see if the Planning Board members felt it was necessary to require a full boundary survey of the Kohn’s property. Five (5) of the seven (7) members did not feel it was necessary, and 2 (Fred Zimmer and John McMichael ) felt it should be required.
FEINBERG (ROUSNER FARMS) - (2000-031) - 60-70 Rousner Lane, West Esopus, NY
Lot Line Adjustment
Tax SBL #71.003-5-7 & 12
Attorney Paul O’Neill
requested to be placed on the agenda to discuss the Feinberg conditional
approval from last month. A letter
dated January 16, 2001, from the Planning Board’s attorney, Robert Grieco, to
the Planning Board was received regarding this case. It stated that the Planning Board did not have the authority to
create the 10’ dedication condition of approval because it would be creating a
violation of the Town Code pertaining to setback regulations for the R-40
area. Mr. Grieco suggested that the
Board review this case and amend its decision to delete the 10’ dedication to
the Town. Russ Shultis asked Mr.
O’Neill if any legal action had been taken on this matter against the Planning
Board. Mr. O’Neill said no, but noted
that the date to file would be the following day. IN LIGHT OF THE CORRESPONDENCE FROM THE PLANNING BOARD’S
ATTORNEY ADVISING THEM THAT THE BOARD CANNOT CAUSE AN APPLICANT TO CREATE A
VIOLATION OF THE TOWN CODE, NOR CAN IT CREATE A VIOLATION AND PERMIT SAME,
MARILYN COFFEY MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE BOARD
AMEND ITS DECISION AND DELETE THE 4TH CONDITION OF APPROVAL FROM DECEMBER 28,
2000, THAT THE FINAL PLAT DEPICT A 10’ DEED DEDICATION FOR ROUSNER LANE. ALL MEMBERS PRESENT WERE IN FAVOR OF THE
MOTION WHICH CARRIED BY A 7-0 VOTE.
VICTORIAN ASSOCIATES/RONDOUT HILLS - (2000-030) - Connelly Road, Port Ewen, NY
Site Plan Amendment w/Subdivision Plat
Tax SBL #56.051-8-1 & 56.051-1-35, 36.11 & 37
Chairperson Coffey informed the Planning Board that Bob Grieco called her to let her know that Victorian Associates would be filing an Article 78 action against the Planning Board. Then she got a call from Victorian Associates’ attorney who stated that they are willing to do everything the Planning Board requested in A & B as long as it did not preclude them from submitting plans for C & D. The Planning Board did not feel it was ever their intent to precluded Victorian Associates from submitting plans for C & D. The Planning Board file was reviewed, the motion from the December 28, 2000 meeting was read, and discussion was had. It was determined that no decision was made on the application; the Board only requested that better maps be submitted. Chairperson Coffey will call Victorian Associates’ attorney and advise him of tonight’s discussion.
It was noted that a courtesy referral from the Town of Hyde Park dated January 19, 2001, was received regarding a project called River’s Edge Subdivision.
Russ Shultis informed the Planning Board that he went to the last ZBA meeting. At this meeting, he mentioned that he was a member of the Planning Board who was speaking just on his behalf and not any other Planning Board members and expressed to them a concern he had with multi accesses using one right-of-way. Russ suggested that any future ZBA referrals for which the Planning Board has comments be put in detail.
Fred Zimmer felt that what the Planning Board is accepting for maps was a disgrace. He felt they did not even comply to the Town’s own standards which are vague to begin with. It was the Chairperson’s suggestion that the Planning Board sit down and draw up minimum requirements for any maps submitted and give it to the applicants in the very beginning of the process.
WITH NO OTHER BUSINESS PENDING, LINDA SMYTHE MADE A MOTION, SECONDED BY ROXANNE PECORA, TO CLOSE THE MEETING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION. MEETING ADJOURNED AT 9:45 PM.
Kristy L. Nelson