TOWN OF ESOPUS
PLANNING BOARD MEETING
JANUARY 22, 2009
BOARD MEMBERS PRESENT: Roxanne Pecora, Chairperson
Charles Wesley has joined the Board to fill one of the vacancies on the Board.
ALSO PRESENT: Myles Putman, M.L. Putman Consulting
Chairperson Pecora called the meeting of the Town of Esopus Planning Board to order at 7:05 PM beginning with the Pledge of Allegiance to the Flag. Roxanne then advised the public of the building’s fire exits and roll call was taken.
Board members were asked if there were any changes or corrections to the minutes of the December 17, 2008 meeting. No corrections or changes were made.
MIKE MADE A MOTION TO APPROVE THE MINUTES OF THE DECEMBER 17, 2008 MEETING, SECONDED BY DENNIS. DARIN ABSTAINED DUE TO HIS ABSENCE AT THIS MEETING. CHARLIE ABSTAINED SINCE HE WAS NOT ON THE BOARD AT THE TIME. ROXANNE, FRED, DENNIS AND MIKE WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 4-0.
New York Planning Federation Yearly Dues………………………………….$ 150.00
Clough Harbour Associates (Birches)…………………………………………$ 748.50
Clough Harbour Associates (Mountainview a.k.a.Bellaire Ridge)……………$1,822.50
Clough Harbour Associates (Birches)…………………………………………$1,356.00
Clough Harbour Associates (Mountainview a.k.a.Bellaire Ridge)……………$ 650.00
Daily Freeman (Ferguson)…………………………………………………….$ 13.95
April Oneto (Secretarial Services)……………………………………………...54 Hours
DENNIS MADE A MOTION TO APPROVE THE VOUCHERS AS READ, SECONDED BY FRED. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 6-0.
Chairperson Pecora informed the Board that with the payment of the vouchers stated above it will bring the Escrow Account for Mountainview (a.k.a. Bellaire Ridge) down to $158.39. The Board will need to make a motion to increase the Escrow Account for this applicant. (Applicant is having ongoing discussion with the Planning Board Engineer regarding this project.)
FRED MADE A MOTION TO INCREASE THE ESCROW ACCOUNT FOR MOUNTAINVIEW (a.k.a. BELLAIRE RIDGE) BY $5,000.00, SECONDED BY DARIN. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 6-0. VOTE WAS AS FOLLOWS:
Terri Hahn will be notified of this increase.
Chairperson Pecora asked the Board if anyone saw ongoing engineering concerns regarding Birches Site Plan Amendment. Following some discussion it was felt that the Escrow account for Birches would need to be increased since the balance after the payment of bills would be $402.06.
DARIN MADE A MOTION TO INCREASE THE ESCROW ACCOUNT FOR BIRCHEZ ASSOCIATES BY $3,000.00, SECONDED BY DENNIS. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 6-0. VOTE WAS AS FOLLOWS:
DeDOMINICIS & CASTRUCCI: Case #2009-01 – Conditional Use Permit
(Accessory Apartment) – 232 River Road
@ Flatsview Court (private road), Ulster Park; SBL: 64.001-2-22
Applicant Paul Castrucci present at meeting. Myles reviewed M.L. Putman Consulting Review dated 1/20/09, copy given to applicant and copy placed in file.
Applicant is before the Board to legitimize an existing cottage as an accessory apartment. Myles stated that this was in for a Pre-Submission in December, 2008. The proposal generally meets all of the standards with the exception of the floor area of the cottage which was described as 1,000 square feet. The owners will need to go before the Zoning Board of Appeals for an area variance. Myles mentioned in his review that even though this site abuts a county road (River Road) the newly-adopted referral provisions by the Ulster County Planning Board specifically exempt “accessory apartments” from the County Planning Board review, therefore, a referral of this application to the County is not required. They will require referral to the Town Waterfront Advisory Board.
Applicant was told that they would need to go to the ZBA for an area variance and then come back before the Planning Board. Mike stated that this is a pre-existing, non- conforming “Grandfathered” in condition. It seems reasonable since the utilities are shared (well and septic system, etc.). Dennis asked for a floor plan of the cottage to see if taking out the stairwell and the closet could get the floor area down. Myles stated that it is either 600’ or 25% of the habitable building area whichever is the smaller. Fred asked if this is the application that they looked at during pre-submission for a subdivision. Myles stated that there was some talk of this at the pre-submission meeting. Mike stated that as long as there are two buildings on one lot they thought it might make more sense to go this way. Following Dennis’ review of the floor plan it is not possible to get the floor area down to 600’ so an area variance is required. Dennis asked if both buildings were on the same septic. Mr. Castrucci stated that they are and they have been for many years. Dennis inquired as to what the septic system is. Mr. Castrucci stated that he did not know. He stated that they have totally renovated the larger farm house and have made improvements to the cottage. Dennis asked how many bedrooms in the buildings. Mr. Castrucci stated that in the larger house there are 3-4 bedrooms and in the cottage there are 2 but it is being used as 1. Mr. Castrucci stated that they have had the tank drained in the past and will try to find a copy of his receipt to ascertain the size of the tank and will provide this information to the Board. Dennis stated that the only thing he has a concern about is the size of the septic system.
Roxanne informed Mr. Castrucci that the Planning Board can not act on this application until he receives an area variance from the Zoning Board of Appeals. Dennis questioned the driveway shown on the map. Mr. Castrucci stated that it is a driveway that goes up to another house and the other houses are on separate properties.
MIKE MADE A MOTION TO REFER THIS APPLICATION TO THE ZONING BOARD OF APPEALS FOR AN AREA VARIANCE UNDER SECTION 123.13.D.3, SECONDED BY CHARLIE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 6-0. VOTE WAS AS FOLLOWS:
FERGUSON (d/b/a “Hudson Valley School of Massage Therapy”): Case #2008-18
Conditional Use Permit – 1723 Broadway (US Route 9W; State Hwy 5508),
West Park; SBL: 80.001-23
Roxanne explained to the Board that the Ulster County Health Department requires a SEQR determination except for residential and we did not make this when the application was approved in December. Roxanne spoke with Commissioner Dennis Doyle, Ulster County Planning Board, and she was informed that during an education session which no one from this Board could attend since it was on our meeting night, a recommendation was made to the Health Department that they should have a SEQR determination on all applications other than residential. We informed them that we would clear this up at our next meeting with a Resolution. Myles stated that he spoke to Rob Liebowitz, Ulster County Planning Board, who stated that they would like this even for Type II Actions. They want some piece of paper stating that it is being treated as a Type II. Roxanne stated that on the Conditional Use Permit we received a letter from the attorney for Maria Ferguson stating that the application should now be known as “Aberdeen on the Hudson”. We received a Certificate of Incorporation from the attorney and that is what the second resolution addresses.
Chairperson Pecora read into the record the Town Planning Board Resolution of SEQR “Type 2 Action” Classification (Section 617.5 of the SEQR regulations) dated January 22, 2009 as it pertains to the application of Ferguson, Case #2008-18.
FRED MADE A MOTION TO ACCEPT THE RESOLUTION AS READ, SECONDED BY CHARLIE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 6-0. VOTE WAS AS FOLLOWS:
Copy will be sent to the applicant, NYS Dept. of Transportation, Ulster County Health Department and the Ulster County Planning Board. Original copy placed in the file.
Chairperson Pecora read into the record the Town of Esopus Planning Board Resolution of Conditional Use Permit Approval dated January 22, 2009 as it pertains to the application of Ferguson, Case #2008-18.
Dennis questioned the changes that were supposed to be made to the plans. He asked if we can approve this without seeing those changes. It was agreed that this resolution is stating that all requirements that were made when it was approved are still in effect. This is only for the name change.
DENNIS MADE A MOTION TO ACCEPT THE RESOLUTION AS READ, SECONDED BY MIKE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 6-0. VOTE WAS AS FOLLOWS:
Copy will be sent to applicant and copy will be placed in the file.
STEWART’S #156: Case #2008-21 – Site Plan/Conditional Use Permit &
Case #2008-22 – Lot Line Adjustment; 195-199 (US Route
9W; State Hwy 310) @ East Main Street (Town Hwy 910),
Port Ewen; BSL: 56.060-5-1, 2 & 3
Chad Fowler present for Stewart’s Corp for this application. Myles reviewed M.L. Putman Consulting Review dated 1/16/09. Copy given to applicant and copy placed in file.
Chad stated that they are looking at the lighting in the back. Next month you will see that that they regraded the whole site to address Clough Harbour’s comments specifically with the sidewalk. They had to lower the building almost three feet. He feels that the whole site looks better now and the lighting will come down with that. Chad feels that they can address all of Clough Harbour’s comments and they have already made a lot of progress towards this. Roxanne stated that most of the concerns were pretty minor. The real concern was the discharge. Chad stated that they have addressed this with added storage on site. Chad questioned the green space requirements. He received a variance for coverage and this Board was under the assumption that blacktop did not count as coverage. Roxanne stated that this whole thing was raised by Jennifer Howard, representative from Stewart’s per discussion she had with the Building Inspector. She wanted to make sure that you were covered from a zoning perspective. Roxanne stated that this Board does not see a need for this. Chad stated that he agreed to some things at the Zoning Board Meeting which eliminated another parking space and also controlled blacktop behind the building which he is not showing in these plans. If blacktop does not count as coverage, this changes things. Myles stated that he does not see where a street, pavement, driveway or sidewalk fits into the definition of a structure. Chad stated that he agreed to 20%. Tim Keefe, Building Inspector, stated that he did not see a need for it.
Chad stated now they can discuss the parking. They are showing 17 spaces and they are not counting under the canopy. He could add one more in the row towards the street. He thinks people will park along the south so he can put two spaces there. Chad stated that they are comfortable with the parking. Dennis thinks that the parking spaces at the gas pumps should be counted as parking.
This application will have to go back before the Ulster County Planning Board and the Town’s Waterfront Advisory Board and the Public Hearing will be scheduled at the same time. Public Hearing will probably be in March. Chad submitted copies of maps and a mylar for the lot line adjustment from three lots to one. They never filed the maps approved prior to going from two lots to one. Roxanne stated that the application for the Lot Line Adjustment will be dealt with at the same time as the application for the Conditional Use Permig because of SEQR requirements. There are copies of the driveway agreements from the previous approved application. Copies of these agreements will need to be placed in this file as well. The agreements were Schoonmaker which is now Larkin and Graff which is now Glover.
Chad stated that they have been approached by Ulster County Area Transportation (UCAT) to install a structure out near the road for a bus stop. He would have to raise the free standing sign to see over this structure. Stewart’s would have to maintain this area. This bus stop would be mostly on their property but some of it would be on the right-of-way. Following some discussion regarding this it was felt by Chad that they would not be able to honor this request.
Charlie questioned the discharge onto East Main Street and asked if our Superintendent of Highway had been contacted. Chad stated that they had a meeting with Superintendent Alan Larkin prior to the purchase of the other lot and his comment was whatever the State wants. Charlie is talking about the egress onto East Main Street. Roxanne stated that they would need to talk to Bruce Woisnowski, Town Highway Department or Tim Keefe Building Inspector, regarding the stormwater/drainage. Roxanne stated that we will need a letter from Alan Larkin approving access onto East Main Street. Charlie stated that he was more interested in the highway and the actual egress from the lot onto East Main Street. Roxanne stated that Alan was okay with the access onto East Main but his only concern at the time was whether or not a truck could come out of there and we have a letter from NYSDOT which is positive.
Fred questioned the water and sewer connections and is wondering why they don’t go through Wenzel’s property since they now own it rather than dig up their property. Chad stated that he has a good point and they are looking at this. Fred stated that the way the phasing is set up they are going to end up being in their own way by the gas pumps if you are still planning on staying open during construction. Chad agrees with Fred and stated that they are going to take another look at this. Fred stated that he would love to see the discharge moved for their own good. He does not feel comfortable dumping this on somebody else’s property. He would rather see the overflow going out onto East Main Street. Chad stated that they did not add any more blacktop and they are adding more catch basins so as far as the rate of discharge per Clough Harbours’ comments, they designed for a 10 year storm and they are now designing for a 100 year storm so they are adding storage on site. The discharge rate will still be the same. Fred questioned if they have an agreement with the people behind them. Chad stated that they have an agreement with the people who own the ditch. They will be providing a service to clean up the dump in the back . Mike stated that we have an existing situation that will be improved by this applicant. The problem here is that you can not make it perfect because the only other option is to have it go down the culvert on East Main Street and that has no chance of being reabsorbed in the wetlands back there so if the neighbor who is most affected is agreeable as long as they clean up the dump area so that it flows better then this is good.. Mike feels that this is not perfect but it is a better solution.
Dennis questioned the lowering of the building. Chad stated that they were at 103.38 (finished floor) and now they are down to 101-100.5 maybe even 100. The lots will be pretty much level with each other. They will still be below Route 9W but not below East Main Street. Chad stated that the sidewalk and the ADA requirements really drove the grade. The building, the canopy and everything goes down not so much to the south. Mike asked how much lower the parking pad at the pump is than the street. Chad stated that the pad will be pretty close but it will go down and then up to the pad.
Dennis stated that the trim piece that is at the column, the crown is the size that needs to be on the building so we tie the canopy and the building together. Dennis stated that it should be on the facia and then the column and the canopy all match.
Darin stated that the limits of disturbance need to be on the map. Myles stated that according to the Drainage Report the limits of disturbance will be .8138 acres. This was the last Drainage Report that needs to be revised to reflect the new building layout or the new grades. Darin asked if we want to look at the free standing sign. They have a flat LED sign. Chad stated that the poles will be white. Dennis stated that we do not have a sign ordinance. Roxanne stated that not having a sign ordinance allows us to work with the applicant and negotiate. It is a lot better than what goes on in other Towns. Discussion took place regarding this. Maybe we should have some sort of height requirement but we really don’t want to have a sign ordinance.
Fred questioned the trees being put in on the East Main Street side and that they need to be careful that you do not block your view from the patio. The trees are being put there for the dumpster. Chad will make a note of this.
BIRCHEZ ASSOCIATES (The Birches at Esopus): Case #2008-23 – Site plan
Amendment: “As-built” changes to parking fire access, drainage –
15-51 Dick Williams Lane (a.k.a. Sorbello Lane), Port Ewen –
Engineer Scott Davis present along with Joe Boris, Birchez Associates to represent this application. Myles reviewed M.L. Putman Consulting Review dated 12/11/08, copy given to applicant and copy placed in file. Applicant was unable to attend meeting in December so they were put on the agenda for this month.
Letter received from the Waterfront Advisory Board dated 11/26/08 stating that they did not find any inconsistencies with the LWRP was read by Roxanne, copy placed in file. Letter received from the Port Ewen Fire District dated 12/16/08 regarding the emergency access road read by Roxanne, copy placed in file. Referral response received from the Ulster County Planning Board dated 12/3/08. Roxanne read required modifications including lighting, pedestrian access, County Public Works and landscaping. Copy placed in file. Letter dated 11/18/08 from the Port Ewen Water.Sewer District read by Roxanne, copy placed in file. Letter from Port Ewen Fire District dated 11/8/08, read by Roxanne and copy placed in file.
Scott Davis stated that at this point we are addressing the parking lot and the access road for the Fire Department. The pump has already been addressed by Don Kiernan, Superintendent of the Water/Sewer District. Scott stated that the letter dated 12/12/08 from Clough Harbour Associates narrowed this down to three items that they specifically wanted to see addressed. These items dealt with the fire access road and that they would like to see more details, Joe Boris stated that they raised the pump station and changed the pipe as per the County request. This meets with the Water/Sewer Superintendent’s approval as per his letter addressed to the Board.
Darin stated that in terms of the Fire Department not wanting a guide rail on the fire access road, he thinks there should be a guide rail there. He feels that it is more of a safety issue. Dennis stated that according to the grades he gets there is a side grade of 16%. Joe Boris stated that they are not that steep. Dennis and Joe discussed the plans that the Board has and Joe feels that they are not accurate. He will review this information.
Darin stated that they still need an amended SWPPP (Stormwater Pollution Prevention Plan). Discussion took place regarding the grade for the road and the fact that the Fire Department asked for it but just because they ask for it does not mean that it is going to work. Dennis stated that the road may not be what is depicted on the map. They will look at this. Dennis stated that they have a sprinkler building with rated corridors and rated doors and people are suppose to stay in the building when something happens. The Board turned the building around so more of it would be exposed in case of a fire so that they did not need a road in the back. It was felt that when the Fire Department did not get the road put in through the Planning process they turned around and asked the applicant to put the road in. The applicant complied with the Fire Department’s request but they should have come back to the Planning Board prior to doing this. Discussion continued regarding the road and Planning Board will write a letter to the Fire Department to explain the process to them regarding requests such as this. These issues need to come through the Planning Board.
Fred stated that the contours on the map we have are not correct. He told Joe that the general criteria for a guide rail is a 1 on 2 slope more than 6 foot high and asked him if they have that on the site. Joe stated that they probably do not. Darin thinks they lowered it to more than 4 feet on a 1 on 2. Dennis asked Joe if it was big enough to turn a truck around down there once they get the truck down. Joe said it definitely was and they have had concrete trucks down there in the past. Dennis stated that he thought they wanted to get the ladder truck down there. Is it big enough for them to turn that around down there? Joe thinks it would turn around easily because you have the wheel in the back. Dennis stated that you still need the room because this is a long truck. Dennis felt that the Fire Department should take the biggest truck they have down there and see if it works. Joe stated that if it does not work they will take it off of the plans. Dennis asked Joe to let him know if the map is correct. He asked if they have an electronic file if they can e-mail it to his office. He can put them into his computer and tell us if it can turn around down there. Joe agreed to do this.
Roxanne read Clough Harbour’s November review #5 which questions if the road is too steep for the fire trucks and if there is enough room for the trucks to turn around. They also stated that there should be a guide rail or ballards and/or delineator posts.
Mike stated that we do not have the detailed plans for the parking lot and that we can not proceed without the detailed plans. Myles stated that we need to see revised lighting plans that conform to all of the standards and let’s see some landscaping. Roxanne said that they need to satisfy the comments from Clough Harbour which are not really that bad. Roxanne recommended that they give Pete Lilholt a call and see what they are looking for. Applicant needs to address the County Planning Board’s comments. Myles stated that he thought they did add pedestrian access sidewalks but they have not been labeled on the maps. Applicant stated that they are going to add landscaping to the parking lot area. They have already dealt with the County Department of Public Works. Roxanne asked if they issued a new amended permit. Not yet per Scott. Scott will provide this when they receive it. Joe stated that there is lighting in the parking lot the same lighting that appears in the other parking lot.
Roxanne informed the Board that there was a meeting on December 12, 2008 with the County to deal with complaints received by the County from the neighbors dealing with the stormwater run-off. They needed to change the pipe from the 24” to the 15” pipe which was in the plans that the County had approved and based issuance of the permit on.
Roxanne stated that applicant will need to increase their Escrow Account by $3,000.00 before Scott can talk to Pete Lilholt, Clough Harbour.
PERCIVALLE: Case #2008-15 – Major (5 lot) re-subdivision – 42 Hudson Lane,
Ulster Park; SBL: 64.003-5-2.32
Applicant’s engineer, Ed Pine, called and spoke with Chairperson Pecora to cancel their appearance this month at the Planning Board Meeting.
ZONING BOARD OF APPEALS: Referrals
Brad Valentine – 1113 Rt 9W, Esopus – Requesting variance for garage in the front yard which would be in violation to Section 123.21.C.5(d)
Discussion took place regarding this application. Myles stated that it is in the Zoning Code that the Planning Board should be the Board to approve or disapprove this. It should not be before the ZBA. Roxanne will discuss this application with Tim Keefe, Building Inspector or write him a letter because it is felt that this applicant is before the wrong Board. Subsequent to meeting, Roxanne spoke with Tim Keefe. Tim consulted with Myles and discussed the specific section of the Zoning Code. The Code prevails and this application is before the proper board (ZBA).
Klyne Esopus Historical Society Museum – 764 Broadway, Ulster Park – Application is for a variance to Section 123.20 district area and bulk regulations for an undersized lot. The new lot created for the Klyne Esopus Historical Society will be approximately 11,980 sq. ft. and 40,000 sq. ft. is required for the GC district.
Mike stated that they purchased the property next door which has a small house on it. They want to do a lot line adjustment to make the museum property bigger for parking and safer access but in order to do that they need most of the property that goes with the house and what is left will be too small. Darin stated that this includes the septic and the well that has to be put on the property. They are in financial distress and need to sell the house. At the present time, they are renting the house. Renting the house is the only thing that is keeping them going now. They basically have to sell the property with the house. They have already purchased the property and absolutely need the property for their own access. They originally planned on using the house as a visitors’ center but they are unable to follow through with the original plan. Dennis felt that they could create an easement onto the property and then sell the land the way it is but you have to know where the septic and well are located.
Following some discussion it was felt that they need to come before the Planning Board for a Lot Line Adjustment prior to going before the Zoning Board. This is something that Roxanne will need to discuss with Tim Keefe, Building Inspector. Applicant needed to come to Planning Board to have the Board determine if this is going to be a lot line adjustment and if they needed to go to the ZBA. Subsequent to meeting, Roxanne spoke with Tim Keefe. He will do a referral to the Planning Board in addition to the one issued already to the ZBA.
Wilber: Case #2008-07 - We had approved this subdivision with a Recreation Fee of $3,000.00. We have received clarification and need to amend this motion to change the Recreation Fee to $1,500.00.
DARIN MADE A MOTION TO AMEND THE APPROVAL TO INCLUDE A RECREATION FEE OF $1,500.00, SECONDED BY MIKE, ALL MEMBERS WERE IN FAVOR. MOTION PASSED 5-0-1. VOTE WAS AS FOLLOWS:
Charlie……………..abstained (not on Board at that time)
Roxanne stated that we need an alternate for the Ulster County Planning Board. Charlie Wesley has volunteered to do this. Roxanne will write a letter to the Town Board recommending Charlie for this position.
Roxanne formally thanked Dennis Suraci for re-evaluating the Planning Board Fees and the new Fee Structure was presented to the Town Board and they approved them at their last Town Board Meeting. April will provide the Board with the new Fee Schedule.
Roxanne stated that a letter was sent by the Town Supervisor to Dan Shuster regarding the Esopus Lake project and discontinuation of his services at our request.
Myles provided the Board with a memo dated 1/2/09 regarding guidelines for subdivision referrals to the County under the County Charter.
Myles provided the Board with an End of the Year List for 2008. There are 10 applicants who are still opened with the Board as of the end of 2008. It is generally the Board’s practice to send a letter to any applicant who has been opened for a year with no activity during the year.
MIKE MADE A MOTION TO ADJOURN, SECONDED BY ROXANNE. ALL MEMBERS WERE IN FAVOR. MEETING ADJOURNED AT 9:10 PM.
NEXT MONTHLY MEETING: February 26, 2009
Second Meeting (if needed) February 18, 2009
NEXT PRE-SUBMISSION: February 5, 2009
NEXT DEADLINE DATE: February 11, 2009
Planning Board Secretary