BOARD MEMBERS PRESENT: John McMichael
Russ Shultis, Chairman
EXCUSED: Kathy Weitze
ALSO PRESENT: Miles Putman, Shuster Associates, Planning Board
At 7:00 pm, Chairman Russ Shultis called the meeting of the Town of Esopus Planning Board to order beginning with the Pledge of Allegiance to the Flag. Russ then advised the public of the building’s fire exits, and roll call was taken.
Requests were made to make the following modifications to the December 2002 meeting minutes:
· Page 2, 8th sentence under Victorian Associates: ‘mute’
should read ‘moot’.
· Page 2, last sentence under Victorian Associates: ‘improved’ should read ‘approved’ and add sentence saying ‘Art Cross concurred.’
ROXANNE PECORA MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE PLANNING BOARD APPROVE THE MINUTES OF THE DECEMBER 18, 2002 PLANNING BOARD MEETING AS AMENDED. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.
A MOTION WAS MADE BY ROXANNE PECORA AND SECONDED BY FRED ZIMMER TO ACCEPT ALL VOUCHERS SUBMITTED AND READ. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH PASSED BY A 6-0 VOTE.
The vouchers submitted and read were as follows:
Kristy L. Nelson...................(12/14/02 - 01/17/03)..............................................
Peter Graham........................................................................................................ $455.00
BRUDERHOF COMMUNITIES IN NEW YORK - (2002-22) - 2023 Route 213, Dashville,
Site Plan Amendment - Garage Building Addition
Tax SBL #71.002-1-14.2
Chairman Shultis noted that at the last Planning Board meeting, the Board asked the applicant to submit the amended site plan from the last time they appeared before the Planning Board. Maps were reviewed. 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 Attorney Moriello who represented the applicant at this meeting. Chairman Shultis asked for Board questions. There were none. Russ Shultis stated that he visited the site and regarding visual impacts from Route 213, he noted that the perimeter of the property has some maple trees that surround it so in the fall and winter time you would be able to get a glimpse of the building, but in the summer it would be very unlikely that you would see the structure. RUSS SHULTIS MADE A MOTION, SECONDED BY FRED ZIMMER , THAT THE PLANNING BOARD WAIVE THE PUBLIC HEARING ON THIS APPLICATION. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE. Chairman Shultis then asked Chris, the Bruderhof’s representative, if they would be willing to plant some soft wood trees along the Route 213 edge. Chris noted that area was all rock, but added they would not cut any more trees down. ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD REFER THE BRUDERHOF SUBMISSION TO THE ULSTER COUNTY PLANNING BOARD AND THE TOWN’S ENVIRONMENTAL REVIEW BOARD FOR THEIR REVIEW. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE. Dennis Suraci recommended to the applicant’s representatives that in the future, they label their buildings on the plan and put a list, a key plan, on the side so the Board knows what each building is when they look at it. Mike Moriello asked if the Board was aware of Building Inspector Mark Rieker’s determination pertaining to this proposal. It was noted that a copy of Mr. Rieker’s January 2, 2002, letter to Risely & Moriello was on file and a copy was given to all Planning Board members.
PARKHURST - (2002-23) - 29 Hildebrant Lane, Port Ewen, NY
Conditional Use Permit - Multi-family residence
Tax SBL #56.076-2-4.1
Dave Parkhurst’s son represented him at this meeting. Chairman
Shultis reviewed the history of this application with the Board members
and noted that at last month’s meeting, it was agreed that more research
needed to be done to determine whether this application needed to be before
the Planning Board. After some review and reading Zoning Code 123-9.D.1(1),
Chairman Shultis wrote a letter dated December 31, 2002 to the Building
Dept. stating that it was his opinion that any approvals required of the
Planning Board should have been addressed at the time the permits were
issued. Therefore, the Parkhurst application did not need to be in
front of the Planning Board. A copy of the same is on file.
Russ Shultis stated that he was a little premature with this letter because
he was then given, by the Building Dept., copies of the minutes from the
Dec. 15, 1992 ZBA meeting in which a statement was made that it was the
ZBA’s feeling that this case should be before the Town of Esopus Planning
Board since the ZBA doesn’t have the power to give the applicant the right
to have three (3) buildings with dwellings on one (1) parcel of land.
It was noted that one building, a modular, has since been subdivided off;
leaving the main residence with the apt. in the bottom and the garage with
an apt. above. Chairman Shultis stated that after talking with Mark
Rieker, it was felt that this application should probably be addressed
by the Planning Board for the accessory apt. within the main residence
and refer the garage with the apt. above it to the ZBA for a use variance.
Miles Putman agreed, but noted that another way to correct the matter might
be to subdivide the garage apt. out as a separate lot, however, this may
create area variance problems. He also suggested getting Building
Inspector Mark Rieker to write this up so there is a building inspector’s
determination that says - can’t be done, doesn’t met code. As a point
of reference, Miles noted that the ZBA does not grant use variance left
and right, but they did entertain a similar situation to the people who
bought Bevi’s on 9W, the Port Ewen Hardware. Roxanne Pecora disagreed
with this process since a building permit was issued by the Town through
its building dept.’s office and felt maybe this should be before the Town
Board. Russ Shultis noted that Building Inspector Mark Rieker has
approach the Town’s attorney on this matter who basically said this was
not a clear cut case because of the time frame, no neighbor’s concern,
etc., and returned it back to Mark. Miles Putman mentioned that he
recalled reading some case law where a situation like this has gone to
court and the court said it didn’t matter that the building inspector made
a mistake, it had to be corrected and made right with the zoning even if
the permit was given in good faith. He suggested getting Peter Graham’s
(the Planning Board’s attorney) opinion on how to proceed with this given
the circumstances. Chairman Shultis asked Miles’ his feeling on setting
up a public hearing for this as a conditional use permit next month and
then, in the meantime, also gettng Peter’s opinion. Miles felt there
was enough paper to provide a full file for anybody who wanted to look
at it prior to the hearing, but the County Planning Board might pick it
apart. At this time, a straw poll was taken to see if this application
should be put to a public hearing next month or wait until the Board gets
Peter Graham’s opinion. By a 6-0 straw poll, it was agreed that Peter
Graham’s opinion should be obtained. Chairman Shultis will contact
Peter Graham. Fred Zimmer informed Mr. Parkhurst that in the meantime,
should he so choose, he could proceed with the use variance.
MAHAIRAS - (2002-10) - 100-120 Carney Road, Rifton, NY
Major (6-Lot) Re-Subdivision w/Private Road
Tax SBL #63.003-3-22.4
Attorney Joe Pisani and Engineer John Davidson 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
faxed to Mr. John Davidson, the applicant’s engineer. In Miles’ review,
he noted that the length of the flag pole for Lot 6 may require a zoning
variance. Chairman Shultis informed the applicant’s representatives
of the Town’s recreation fee requirement, $100 per lot ($600), that pertains
to this application. He also noted that an escrow account in the
amount of $2,500 would need to be established for the various reviews.
Maps were reviewed. Fred Zimmer felt a drainage study was warranted
for this application. Dennis Suraci felt the application should be
submitted to the Planning Board’s Engineer, Chazen Engineering, for their
review, and if they feel a drainage study is warranted, then the Board
should concur with that. Roxanne Pecora felt a drainage study was
required. Discussion was had. It was agreed that Chairman Shultis
would contact Nancy Clark of Chazen Engineering with the information on
hand and ask her to give a brief overview on the same and come to next
month’s Planning Board meeting. John McMichael noted other issues
from previous minutes that are a part of this process would be health dept.
approval of wells and septic tanks, the road being built to Town standards,
etc. Mr. Davidson noted that the applicant has provided a road that
meets quite a few of the Town standards, however, it is not 24’ wide since
it is a private road which will be paved. He felt they are meeting
the intent of the Town code to have a passable road. Mr. Davidson
also noted that applications have been filed with the Health Dept.
It was noted that regarding the road being built to Town standards, the
Board would rely on the applicant’s engineers’ to certify it and it would
then go to Nancy Clark to verify the standards. Mr. Davidson stated
that they would not certify a road constructed to Town standards since
they were not going to built it to the standards because they are not proposing
to turn it over to the Town. Board members had issues with this.
Chairman Shultis will address the road issue further. Mr. Pisani
put the Board on notice that they may, between now and the time this thing
is formalized, say forget the private road and turn it over to the Town.
It was noted that turning the road over to the Town would be a matter left
up to the Highway Superintendent and the Town Board. Chairman Shultis
then informed the applicant’s representatives that the escrow account would
need to be established before the Planning Board could go any further in
processing this application.
EGGERS - (2002-19) - Off Schultz Lane, May Park (Town of Esopus), NY
Lot line adjustment/subdivision
Tax SBL #56.019-2-19.11, 19.12, 19.13 & 28.22
Ms. Eggers and her surveyor 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 applicant.
Maps were reviewed. It was noted that with this revised submission
Mr. Zelnik’s frontage on the right-of-way was being reduced from 260’ to
78’. The Planning Board requested a note from Mr. Zelnik stating
he was in satisfied with the 78’. In addition,
the Planning Board advised Ms. Egger’s surveyor that they would like to see what existed previously in dashed line and labeled lot line to be deleted. ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING FOR THURSDAY, FEBRUARY 27, 2003 AT 7:10 PM PROVIDED THAT THE APPLICANT IS ABLE TO PROVIDE AN UPDATED MAP BY FEBRUARY 13, 2003, SHOWING THE FOLLOWING:
· THE RIGHT-OF-WAY WITH THE LINES TO BE DELETED.
· A SIGNATURE BLOCK
· A CONCEPTUAL HOUSE, WELL AND SEPTIC LOCATION FOR TAX LOT 19.11
· AN INSET DEPICTING THE OUTBOUNDS OF TAX PARCEL 19.12
ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION, WHICH CARRIED BY A 6-0 VOTE.
It was noted that since Mr. Zelnik is currently the owner of the property, his signature will be required on the owner’s signature block.
GARIBALDI - (2002-21) - 1660 Broadway & 18 Park Lane, West Park,
Lot Line Adjustment/2 Lot Subdivision
Tax SBL #80.001-3-3
Two of 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 applicant. One of the applicants noted that in last month’s project review from Shuster Associates pertaining to this case, it listed that there were three (3) primary year-round dwellings. He added that there was a mobile home, at one time prior to them owning the property, which has been removed. Also, the applicant stated that in regard to Miles’ question about the unlabeled dashed line along tax parcel 4, they would like to keep that as a separate lot like it is now. The applicants stated they would like to eliminate the drainage easement too. This was discussed and the Board felt the drainage easement should stay in place. Maps were reviewed. ROXANNE PECORA MADE A MOTION, SECONDED BY JOHN MCMICHAEL , THAT THE PLANNING BOARD APPROVE THE GARIBALDI APPLICATION AS A SKETCH PLAN AND SCHEDULE A PUBLIC HEARING ON THE SAME FOR THURSDAY, FEBRUARY 27, 2003, AT 7:20 PM SUBJECT TO THE SUBMISSION OF A REVISED MAP BY THURSDAY, FEBRUARY 13, 2003, SHOWING THE FOLLOWING:
· A ZONING BLOCK.
· A SIGNATURE CONSENT BLOCK FOR ALL FOUR LANDOWNERS TO SIGN.
· A SIGNATURE BLOCK FOR TWO PLANNING BOARD MEMBERS TO SIGN.
· THE BOUNDARY LINE FOR THE ORIGINAL LOT “A” BE SHOWN AS A SOLID LINE.
ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0
LAMANNA - (2003-01) - 364 New Salem Road, May Park, NY
2 Lot Subdivision
Tax SBL #56.015-2-14
Mr. Lamanna was 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 applicant. Miles noted that it appeared that the proposed new lot line would be crossing the existing corral fence which technically is a structure, and in addition, the stable setback of 20’ does not conform since stables require a 50’ setback unless this particular use is going to be discontinued. Mr. Lamanna stated that he uses the stable building for shelter for his two (2) alpacas, and he stores his tractor there. He added, however, that he wanted to get this project going so if he had to move his animals to another piece of property he has in Highland, he would do that. The Planning Board informed him that he had the following options to correct the zoning code setback violation for the stable:
· move the lot line between Lots 1 & 2,
· go before the Zoning Board of Appeals for a variance, or
· relabel the building as a shed.
Mr. Lamanna stated that he would call the stable a shed and move his
animals to his property in Highland.
Chairman Shultis asked the Planning Board members if they would like to see a notation on the map for this application that Lot 1 is subject to Board of Health Approval. The majority of the Board did not feel it was necessary, however, Chairman Shultis advised the applicant that Lot 1 would be subject to County Health Dept. approval. ROXANNE PECORA MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT THE PLANNING BOARD APPROVE THIS APPLICATION FOR SKETCH PLAN AND SCHEDULE A PUBLIC HEARING FOR THURSDAY, FEBRUARY 27, 2003, AT 7:30 PM SUBJECT TO A REVISED MAP BEING SUBMITTED BY FEBRUARY 13, 2003 SHOWING THE FOLLOWING:
· CONCEPTUAL HOUSE, SEPTIC AND WELL LOCATIONS,
· THE APPROVED DRIVEWAY LOCATION
· THE WORD CHANGE FROM STABLE TO SHED, AND
· THE CORNER DIMENSION IN RELATIONSHIP TO THE PROPERTY LINE.
ALL MEMBERS PRESENT VOTED IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.
ROONEY - (2003-02) - 47 Union Center Road, Saint Remy, NY
2 Lot Subdivision
Tax SBL #63.011-2-13.1
Attorney Richard Riseley 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 the applicant’s representative. Miles noted that Mr. Riseley had spoken to Shuster Associates about another option for this proposal - building a new house and making the dwelling in the barn an accessory apt. which would require a conditional use permit with site plan. Mr. Riseley explained his client’s proposal and noted that they were awaiting a determination from the Building Inspector regarding the apartment’s sq. footage. He also stated that he would be submitting an application for a conditional use permit once the Building Inspector has given a determination, however, he would also like to keep the subdivision application open, but just not go any further with it at this time. Mr. Riseley asked if he could use the subdivision map, for the time being, to go forward with the conditional use permit. The Planning Board members agreed, however, advised Mr. Riseley that it would have to be updated in the future.
Presubmission - None
Four (4) ZBA referrals (Zahedi, McClenon, Buser, & DDA & B&P Homes) were received by the Planning Board. It was agreed that a ‘No Comment’ response would be forwarded back to the ZBA regarding these referrals. However, regarding the Buser referral, Dennis Suraci suggested that the Building Dept. and ZBA be made aware of Section 123-21C.7.d. & e of the Town’s code.
A list of monthly correspondence received by the Planning Board was given to each Board member.
Roxanne Pecora noted that the adopting of the draft subdivision regulations prepared by the Planning Board has been before the Town Board at its last two (2) meetings. Once adopted, it will be subject to being filed with the Secretary of States Office before it can go into effect. Chairman Shultis will approach Supervisor Rice and the Town’s Attorney Paul Kellar regarding this part of the process.
WITH NO OTHER BUSINESS PENDING, RUSS SHULTIS MADE A MOTION, SECONDED BY LINDA SMYTHE, TO CLOSE THE MEETING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION. MEETING ADJOURNED.
Kristy L. Nelson