TOWN OF ESOPUS
PLANNING BOARD MEETING
JANUARY 28, 2010
BOARD MEMBERS PRESENT: Roxanne Pecora, Chairperson
BOARD MEMBERS EXCUSED: Darin DeKoskie
ALSO PRESENT: Myles Putman, M.L. Putman Consulting
Chairperson Pecora called the meeting of the Town of Esopus Planning Board to order at 7:00 p.m. 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.
Chairperson Pecora wanted the record to reflect that Dennis Suraci has resigned from the Planning Board and there is presently one vacancy on the Board.
MINUTES: Board members were asked if there were any changes or corrections to the minutes of the November 18, 2009 and December 17, 2009 Planning Board Meetings.
CHARLIE MADE A MOTION TO ACCEPT THE NOVEMBER 18, 2009 AND DECEMBER 17, 2009 PLANNING BOARD MINUTES, SECONDED BY FRED. MINUTES WERE APPROVED BY A VOTE OF 5-0. VOTE WAS AS FOLLOWS:
Daily Freeman (Aleo Public Hearing Notice)YYYYYYYYYYYY$ 11.70
Daily Freeman (Giampietro Public Hearing Notice)YYYYYYYYY...$ 11.25
Daily Freeman (Gray Public Hearing Notice)YYYYYYYYYYYY$ 10.33
NYS Planning Federation Yearly DuesYYYYYYYYYYYYYY..$ 175.00
Joseph Eriole, Esq. (Planning Board)YYYYYYYYYYYYYYY.$ 90.00
Joseph Eriole, Esq. (Planning Board)YYYYYYYYYYYYYYY.$ 649.60
Joseph Eriole, Esq. (Aleo Escrow)YYYYYYYYYYYYYYY.Y$ 517.50
Clough Harbour (Aleo)YYYYYYYYYYYYYYYYYYYY...$ 446.00
April Oneto (Secretarial Servcies)YYYYYYYYYYYYYYYY..63 hours
Fred felt that the voucher for Aleo from Clough Harbour needs to be checked with the bookkeeper prior to approving for payment. Fred asked if there was someway that this can be paid after we check it. This will be done in a separate motion.
MIKE MADE A MOTION TO APPROVE THE VOUCHERS AS READ EXCEPT CLOUGH HARBOUR FOR ALEO (UNTIL THIS IS CHECKED WITH THE BOOKKEEPER), SECONDED BY BILL. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0.
FRED MADE A MOTION TO APPROVE PAYMENT OF CLOUGH HARBOUR ALEO BILL PENDING VERIFICATION WITH THE BOOKKEEPER, SECONDED BY BILL. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH VOTE OF 5-0.
GRAY: 2009-17 - Minor Subdivision B 1863 Broadway US Route 9W; State Hwy
5508), West Park; SBL: 80.001-4-4.2
MIKE MADE A MOTION TO OPEN THE PUBLIC HEARING FOR GRAY, CASE #2009-17, SECONDED BY BILL. ALL MEMBERS WERE IN FAVOR.
Public Hearing Notice placed in Daily Freeman read by Chairperson, copy placed in the file.
Chairperson Pecora asked if there was anyone in the audience to speak regarding the Gray subdivision.
No one present wished to comment on this application.
MIKE MADE A MOTION TO CLOSE THE PUBLIC HEARING, SECONDED BY BILL. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:
Chairperson Pecora informed the Board that Barbara Giampietro called today unsure of whether she would be able to make it to the meeting this evening due to the weather. She would be coming from New Jersey. She expressed her wishes that the Board continue with the Public Hearing and make whatever decisions they deem appropriate. At this time the Public Hearing is only needed on the Subdivision because the Town Board passed the Zoning changes at their December meeting. Those Zoning changes are now in effect as the Department of State has confirmed receipt of them. We will only need to deal with the Subdivison for this applicant.
MIKE MADE A MOTION TO OPEN THE PUBLIC HEARING FOR GIAMPIETRO, CASE #2009-22, SUBDIVISION APPLICATION, SECONDED BY BILL. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0.
Public Hearing Notice placed in the Daily Freeman read by Chairperson Pecora, copy placed in the file. (She informed everyone that a Conditional Use Permit Public Hearing is no longer required due to new Zoning Laws.)
Chairperson Pecora asked if there was anyone present who wished to speak regarding this application.
John LaPierre, 407 New Salem Road B He stated that he is unsure of what they intend to do and asked if someone could explain it to him. Roxanne informed him that the applicant no longer needs to come before this Board for the accessory apartment. They will need to go to the Building Department. They do need to come before this Board for the subdivision. Mike explained that applicant is putting the barn with the apartments on one parcel and the house on another parcel. This is not being done because they are planning on selling them off but rather to regularize the apartments. Both lots would meet the current zoning requirements for the area.
There were no additional comments.
FRED MADE A MOTION TO CLOSE THE PUBLIC HEARING FOR GIAMPIETRO, SECONDED BY CHARLIE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:
Chairperson Pecora removed herself from the Board at 7:30 PM and left the room. Vice Chairman Fred Zimmer took over as Chair.
ALEO: Case #2009-13 & 2009-14 B Lot Line Adjustment & Special Use Permit B
210-218 Hasbrouck Ave., Port Ewen; SBL: 56.059-4-5
MIKE MADE A MOTION TO OPEN THE PUBLIC HEARING FOR ALEO, CASE #2009-13 & 2009-14, SECONDED BY BILL. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 4-0.
Public Hearing Notice placed in the Daily Freeman read by Vice Chairperson Zimmer, copy placed in the file.
Vice Chairperson Zimmer asked if there was anyone present who wished to speak on this application.
Anthony Urban, 187 Hasbrouck Avenue B He asked for clarification on what the Board is being asked to approve.
Fred stated that one application is to combine the three lots. Mr. Urban asked the size of the three lots. Mike stated that each of the three lots under the current plan are buildable and meet the zoning requirements for a single family home. Charlie stated that the combined area would be .46 acres. Mike stated that after the lots are combined applicant is asking to put up one two family home on the lot. Myles stated that this property is zoned to allow two families if they meet the Special Permit criteria.
There were no further comments regarding this application.
MIKE MADE A MOTION TO CLOSE THE PUBLIC HEARING FOR ALEO, CASE #2009-13 & CASE #2009-14, SECONDED BY BILL. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 4-0.
Dr. Aleo requested a breakdown for the bill submitted for the attorney=s fees.
ALEO: Case #2009-13 Lot Line Adjustment & 2009-14 Special Use Permit B 210-
218 Hasbrouck Avenue, Port Ewen; SBL: 59.059-4-5
Edward Aleo present to represent this application. Applicant informed that he submitted two sets of pictures for homes and neither home will fit the site. Myles stated that applicant submitted a subdivision map that shows a couple of on-site improvements that are different than what the engineering plans show. The maps need to be amended and have them updated so they can be approved by this Board and filed by Mr. Aleo. Myles informed the applicant that the subdivision map will need to be filed before he can obtain a Building Permit to start on this project. Easement description was recently reviewed by the Planning Board attorney.
Fred stated that the drainage easement is taken care of and we received a letter from the Planning Board engineer stating that everything is okay. Myles pointed out to Mr. Aleo that the 500 gallon dry well is still shown on the map which is not what the engineering shows. This is unnecessary detail. Applicant was informed that he needs to put the two maps together and he will need to submit 6 paper copies and 1 mylar for signing. Fred informed Mr. Aleo that he may owe more money in his Escrow account as soon as we check with the bookkeeper and figure out the bills that have been submitted.
MIKE MADE A MOTION TO DECLARE A NEGATIVE DECLARATION PURSUANT TO SEQR FOR THE LOT LINE ADJUSTMENT FOR ALEO, CASE #2009-13 SECONDED BY BILL. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 4-0.
MIKE MADE A MOTION TO GRANT FINAL PLAT APPROVAL FOR THE LOT LINE ADJUSTMENT FOR ALEO, CASE #2009-13 SUBJECT TO THE MAP CORRECTIONS, PAYMENT OF ANYTHING OUTSTANDING FOR THE ESCROW ACCOUNT AND SUBMISSION OF 6 PAPER MAPS AND 1 MYLAR, SECONDED BY CHARLIE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 4-0. VOTE WAS AS FOLLOWS;
MIKE MADE A MOTION TO APPROVE THE SPECIAL USE PERMIT FOR ALEO, CASE #2009-14 FOR A TWO FAMILY HOUSE, SECONDED BY BILL. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 4-0. VOTE WAS AS FOLLOWS:
Chairperson Pecora returned to the Board at 7:45 PM.
RONDOUT HILLS: Roxanne stated that Mr. Rick Valente was before the Planning Board at Pre-submission Meeting and requested to address the Board as a whole before he spends any money on what was discussed at Pre-submission. We had him at the end of the agenda but were unaware of the fact that he has a 3 hour ride back to New Jersey this evening so we moved him up on the agenda.
Mr. Valente stated that he was a previous developer for Rondout Hills and has come back to the Board to present a plan to complete this project. Rick handed out a conceptual plan showing the overall site and the changes they propose. If the Board approves, they will go ahead and have the plans drawn up professionally. Bill stated that he was Chairperson when the original plans were submitted and approved and there was special planned unit development zoning granted by the Town Board. Roxanne stated that there is a long history there and since then what was built is not what was approved by the Planning Board and then they came back and we approved plans as it was built. They then came back to the Board for phases C & D (under another developer) and we know that the plan that was approved in 1986 can not be built under today=s Zoning Code. We need to be flexible to work out a solution with this developer to complete those two phases. Roxanne informed Bill that there are a number of files that he may want to review regarding this application. Mike stated what they are trying to do now is meet the requirements that exist now as it relates to fire and safety. Fred, Mike and Alan Larkin walked the property to deal with the issue of a second exit and entry. Bill questioned if we are looking at this as a PUD and he was told that we are not and therefore it is not subject to special zoning by the Town Board. In reviewing the files we have not found any information regarding a PUD designation for this project. Bill asked if there is still a Housing Association and was told that there still is.
Myles stated that back in 1990 the Town Board asked Shuster Associates to redraft the official zoning map for the Town. They tracked down the PUD amendments. One was for Riverview and that one was perfectly written. Rondout Harbor across the road clearly has a PUD designation which is recorded in the minutes of the Town Board. They could not find anywhere in the Town Board records a PUD designation for this side of Connelly Road. We have legal town home developments which are allowed in the R12 district with sewer and water. We recognize that they had approval for 85 units. The first two phases were built and modifications were made as they went along because they totally underestimated the geology of the site and the drainage and the thing that tripped the prior developer up was that the building that was closest to the front entrance was being sold and they had to file a subdivision plat for the two developments. Someone at the County Clerk=s Office caught that there was no Planning Board signature on the subdivision plan. It was discovered that a lot of the buildings on the subdivision plats were filed without Planning Board approvals so they had to come back and deal with that. Once they started dealing with that this opened up the beginning of the discussion of how they are going to finish Section C&D. For the past couple of years it has been the second access drive onto Connelly Road. Discussion continued regarding what happened in past years to this development.
Mike asked what is the total number of units being projected? Rick stared 78 but the number from the NYS Attorney Generals Office says 75. Mike questioned the dotted line on the proposed plans as being the new entrance being the one that Al Larkin indicated the site distance would be okay. Fred stated that Art Cross wanted it at least 100= from Route 9W from the pole. Fred stated that when he measured this it is more than that. Mike questioned the stub end. Rick stated that he thought this might be an opportunity to get a couple of extra parking spaces. Roxanne stated that this is not a road that can be turned over to the Town. Fred stated that he thinks the entrance will work this way but he does not think that they will be able to get a fire truck in there. Alan Larkin would need to indicate if they can get a fire truck in there. He suggested putting a crash gate in there right out to Connelly Road similar to what we have in Riverview and let them chain it off and if the need arises they can get the emergency vehicles in.
Roxanne questioned that when they walked the site with Al Larkin did he say he is still committed to raising the grade of Connelly Road provided they pay for the materials? Fred stated that we need to speak to Alan. He suggested that they put stop signs up there because even when you raise that you will still have a little bit of a blind spot and then you start to affect the access to Rondout Harbor on the other side. Fred stated that if you put a stop sign in there people may not come to a stop but they will at least slow down. Mike questioned about painting an island. Discussion continued regarding this issue.
Roxanne asked Rick what else he is looking for from this Board. Rick stated that he is just looking for the Board to conceptually approve or like what he is attempting to do and then he will move on to a formal engineering plan. Fred stated that he wants to know if we are happy with the second entrance there.
Roxanne stated that she feels that it is workable. Fred and Mike feel that it is workable. Rick asked if they should meet Al Larkin out there again before he proceeds. Fred would not mind meeting with Alan. Charlie stated that he would like to meet with them if this happens. Roxanne questioned how many times we need to meet Alan out there. Roxanne stated that if Alan has a problem he will bring it to the Board. Fred stated that conceptually he thinks it is workable but it will have to go to the engineer but he thinks that what they have been shown is the idea we have been looking for.
GRAY: Case #2009-17 B Subdivision B 1863 Broadway (US Route 9W; State Hwy.
5508), West Park; SBL: 80.001-4-4.2
Myles reviewed M.L. Putman Consulting Report dated 1/22/10, copy given to applicant and copy placed in the file. Robert Gray was sent to represent the applicant. DOT correspondence stating that they would grant the second access and how the applicant works this out is their business. A copy of this letter has been placed in the file.
Roxanne stated that we are in receipt of a letter from the Waterfront Advisory Board dated 11/17/09 stating that they do not have any comments regarding this application. Letter was placed in the file. The only thing we had outstanding was the CSX crossing correspondence. Fred questioned if we need something from CSX. Fred thought that we may want to send them a letter stating if they have any issues or comments with this they need to get back to us and put a date in there. Robert Gray stated that the two top parcels stand on their own and they don=t really need to use the lower portion. Roxanne stated that this came about because of a comment made by Camille Gray at the October meeting stating that she was in the process of working out an agreement with CSX and that the application is just for her and would not give the new parties a right-of-way. Roxanne stated that she does not see where that has any effect on us. Mike agrees with this statement and feels that we can just pass it as it is. Following some discussion the Board did not feel the need to send a letter to CSX.
BILL MADE A MOTION TO DECLARE A NEGATIVE DECLARATION PURSUANT TO SEQR, SECONDED BY MIKE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:
BILL MADE A MOTION TO GRANT SUBDIVISION APPROVAL FOR GRAY, CASE #2009-17 CONDITIONED UPON HEALTH DEPARTMENT APPROVAL, RECREATION FEE OF $2,000 AND SUBMISSION OF 6 PAPER MAPS AND 1 MYLAR (MAPS ARE TO BE SIGNED BY OWNERS PRIOR TO SUBMISSION TO THE BOARD) SECONDED BY MIKE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:
GIAMPIETRO: Case #2009-10 & Case#2009-22 B Conditional Use Permit & Sub-
Division B 444 New Salem Road (County Road 57), Kingston;
Roxanne stated that the Board does not normally like to take action when the applicant is not present, however, the applicant has verbally said that we are to proceed and she would not be here due to the weather.
Discussion took place regarding the shared well and the septic system and Board of Health approval. At the last Planning Board Meeting applicant stated that she was going to contact an engineer and the maps would be updated showing location for a new well and septic systems. Were still waiting for something in writing from the Board of Health.
Applicant will need to go to the Building Department for Special Use Permit (Conditional Use Permit) since the Zoning Laws have changed.
MIKE MADE A MOTION TO CLOSE THE APPLICATION FOR GIAMPIETRO, CASE #2009-10 FOR CONDITIONAL USE PERMIT DUE TO THE CHANGE IN THE ZONING CODE, SECONDED BY CHARLIE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:
MIKE MADE A MOTION TO GRANT SUBDIVISION APPROVAL FOR GIAMPIETRO, CASE #2009-22, CONDITIONED UPON HEALTH DEPARTMENT APPROVAL, PAYMENT OF RECREATION FEE OF $2,000, SUBMISSION OF UPDATED MAPS SHOWING EASEMENT FOR THE WATER SUPPLY FROM THE EXISTING SINGLE WELL AND THE SITE FOR A SECOND WELL SHOULD THE PROPERTY BE SOLD AND DECLARE A NEGATIVE DECLARATION PURSUANT TO SEQR AND SUBMISSION OF 6 PAPER MAPS AND 1 MYLAR, SECONDED BY FRED. MOTION PASSED WITH A VOTE OF 5-0. ALL MEMBERS WERE IN FAVOR. VOTE WAS AS FOLLOWS:
LAMIRAGE: Case #2009-19 B Site Plan Amendment B 423 Broadway, (US
Route 9W; State Hwy 310), Port Ewen; SBL: 56.020-3-28.2
Joseph Pisani, Esq., was present representing the applicant in this matter. Roxanne stated that this was referred to the County Planning Board and they reviewed it at their January meeting. It came back to this Board with a required modification because a flood light was put up in the northeast corner of the site that is not shielded and can be seen from Route 9W. Discussion took place regarding this required recommendation. Joe was told that if the applicant shielded this light or took it down it would be fine.
MIKE MADE A MOTION TO GRANT SITE PLAN APPROVAL FOR LAMIRAGE, CASE #2009-19 WITH THE CONDITION THAT THEY SHIELD THE LIGHT, REPLACE IT WITH A SHIELDED LIGHT OR REMOVE THE FLOOD LIGHT IN THE NORTHEAST CORNER OF THE SITE AS PER THE REQUIRED MODIFICATION FROM THE ULSTER COUNTY PLANNING BOARD AND SUBMIT 5 PAPER MAPS SIGNED BY THE OWNER, SECONDED BY BILL. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:
KROM: Case #2008-12 & Case #2010-01 B Conditional Use Permit & Lot Line
Adjustment B 17 VanWagner Road, St. Remy; SBL: 63.001-1-30
Applicant Richard Krom was present. Myles reviewed M.L. Putman Consulting Report dated 1/21/10, copy given to applicant and copy placed in file. Applicant submitted a letter requesting waiver of the Public Hearing.
FRED MADE A MOTION TO CLOSE CONDITIONAL USE PERMIT APPLICATION, CASE #2008-12 AND REFER IT TO THE BUILDING DEPARTMENT DUE TO A CHANGE IN THE ZONING CODE, SECONDED BY CHARLIE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0.
MIKE MADE A MOTION TO WAIVE THE PUBLIC HEARING FOR THE LOT LINE ADJUSTMENT FOR KROM, CASE #2010-01 PER SECTION 107.16.A, SECONDED BY BILL. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:
Fred stated that we should at least have a deed plot put on the map. Some discussion took place regarding this request.
FRED MADE A MOTION TO WAIVE FULL BOUNDARY SURVEY OF THE 40 ACRES IN LIEU OF A DEED PLOT OF THE 40 ACRES BEING PLACED ON THE MAP, SECONDED BY CHARLIE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:
FRED MADE A MOTION TO DECLARE A NEGATIVE DECLARATION PURSUANT TO SEQR FOR KROM, LOT LINE ADJUSTMENT, CASE #2010-01, SECONDED BY CHARLIE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0.
FRED MADE A MOTION TO GRANT CONDITIONAL FINAL APPROVAL FOR THE LOT LINE ADJUSTMENT FOR KROM, CASE #2010-01 CONDITIONED UPON SUBMISSION OF NEW MAPS SHOWING A DEED PLOT OF THE LARGER 40 ACRE PARCEL ALONG WITH THE PRESENT MAP SIGNED BY ALL LAND OWNERS AND SUBMISSION OF 6 PAPER MAPS AND ONE MYLAR, SECONDED BY MIKE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS
FERGUSON: Case #2010-2 B Subdivision B 1723 Broadway (US Route 9W;
State Hwy 5508), West Park; SBL: 80.001-3-23
Roxanne Pecora recused herself from the Board at 9:05 PM due to conflict and left the room. Vice Chairman Fred Zimmer took over as chair for this application.
Myles reviewed M.L. Putman Consulting Report dated 1/21/10, copy placed in file and copy given to applicant. Applicant Maria Ferguson was present for the meeting.
We are looking at a lot being carved off in the rear of the property. The sketch layout shows the access strip will be creating a flag lot layout. The length of the strip will exceed the limits set forth in Section 123-21.D(5) of the Zoning Law. The Planning Board is permitted to waive this standard in those circumstances where it appears warranted. The area of the proposed vacant lot exceeds the minimum standards for those kinds of lots being in the R40 District. You have legal frontage being provided on the highway for the flag lot. There is a question of how the access will get down to the new lot. If it follows the flag lot there is some new grading that will need to be done and you will have to deal with the reservoir that appears to straddle the Busick property line. The question is how the applicant plans to get to the lot. We will need development information for the lot. We will need topography. There are soils that are very shallow and have a lot of bedrock. There are some setback standards particularly for the Hudson River that will have to be factored in. The site is along the Hudson River in the Town Coastal Management Zone and also in the Statewide Scenic District. It is directly across from the Vanderbilt Mansion so any site development that takes place in that lower parcel has to apply with all the policies in the Town=s Local Waterfront Revitalization Program (LWRP). We will need to look at more detailed information for plat review to determine that there is a buildable lot.
Maria stated that she has already spoken with her engineer Barry Meddenbach but she wanted to come to this meeting to find out what she needs to do, get some feedback and ask some questions. Her engineer did not have the time to draw everything on the maps in time for this meeting. Mike asked if the reservoir still exists and if it still gets filled with water. Maria stated that it does. Maria stated that she does not want to have an easement and that she wanted to go down to the house on the south side of her property. Charlie questioned if there was a gas line down there. Maria stated that there is a gas line that feeds into the addition of the main house and there is a gas line that feeds into the addition where the massage building is. Charlie meant a transmission line in the lower portion of the property (Central Hudson Gas Line) the main feed that runs parallel with the Hudson. Fred and Mike both think that it is up by the road when it gets to West Park. Myles will check some of his maps. Maria questioned what the setback would be for a house away from the river. Myles stated that it is 80=. It is twice the minimum front yard.
Bill stated that the grades in the lower lot are very steep and they may pose a problem. Maria has discussed all these issues with her engineer. There may be an issue with the slope of the driveway. We have a 12% maximum grade for the driveway. You may need to wind the driveway and that would change the line. The wood road is no longer useful because of the retention pond. Maria will convey all of the issues that came up at this meeting to her engineer.
Mike questioned if it was a matter of courtesy that we have to inform Dutchess County regarding this application or since Vanderbilt is a landmark does that require different view shed issues. Myles stated that things are referred to Hyde Park as a courtesy, however, this site is more than just across the river from Hyde Park. It is right across from the Vanderbilt Mansion. There are some provisions in SEQR that says that any unlisted action that takes place substantially contiguous to a site on the National Register of Historic Places and the term contiguous has been defined to include visual which would be view shed. Directly in line of view shed we may have to do this as a Type I Action under SEQR. This is just a little extra paperwork. Because it is on the river we have a statutory requirement that we have to let the Clerk of the other municipalities know that there is a public hearing. This will probably be fairly involved due to the location of the site.
It was suggested that applicant schedule herself for a pre-submission conference. The next one will be held on February 2, 2010.
Maria asked about the rules for having a horse in the Town of Esopus. Myles referred her to Section 123.11-C B Agricultural Uses and Riding Stables and this should answer any questions she may have.
Roxanne returned to the Board at 9:25 PM.
Zabik B Mr. Zabik is requesting a variance to Section 123-25 of the Zoning Code reducing undersize lot. Following some discussion it was felt that the Board has no comments on this application.
Councilperson Kyle Barnett has been assigned as the new Town Board Liaison to the Planning Board effective January 1, 2010.
Mike brought up the concerns of the Waterfront Advisory Board regarding the dock that is being put in and the amount of property being involved. They understand that we have no jurisdiction about the dock and it is in the hands of the Army Corp of Engineers and the Department of State. Some discussion took place regarding this and Roxanne stated that she spoke with Tim Keefe, Building Department, and there is no issue. We have no say about this project. NYS Department of Environmental Conservation is Lead Agency on this.
FRED MADE A MOTION TO ADJOURN AT 9:37 PM, SECONDED BY CHARLIE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0.
NEXT MONTHLY MEETING: FEBRUARY 25, 2010
DEADLINE DATE: FEBRUARY 8, 2010
NEXT PRE-SUBMSSION: FEBRUARY 2, 2010
Planning Board Secretary