BOARD MEMBERS PRESENT: John McMichael
Russ Shultis, Chairman
EXCUSED: Linda Smythe, Fred Zimmer
ALSO PRESENT: Miles Putman, Shuster Associates, Planning Board
At 7:04 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.
Chairman Russ Shultis requested that the following amendments be made to the January 22, 2004 meeting minutes:
· Add a note to the minutes stating that the applicants from
last month’s meeting, Lane, Saccoman, YMCA, and Citivision, when asked
if they had any concerns about the conditions put on their approval, responded
· On page 4, under ESP, just for clarification, it should read ‘Esopus Town Code Chapter 107, Article VI’.
Regarding the February 5, 2004 workshop meeting minutes, Russ Shultis and Dennis Suraci requested the following amendments:
· On page 2, under Stormwater Maintenance Districts, ‘map planner
report’ should read ‘map, plan, and report’ as defined in NYS Town Law
· On page 3, Steinmeyer should be spelled ‘Stinemire’.
ROXANNE PECORA MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THE PLANNING
BOARD APPROVE THE MINUTES OF THE JANUARY 22, 2004 PLANNING BOARD MEETING
AS AMENDED AND THE FEBRUARY 5, 2004 PLANNING BOARD WORKSHOP MEETING MINUTES
AS AMENDED. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH
CARRIED BY A 5-0 VOTE.
Chairman Russ Shultis noted that he spoke with Steve Sparaco and mentioned to him about putting a notation concerning the agricultural district on the maps.
A MOTION WAS MADE BY KATHY WEITZE 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 5-0 VOTE.
The vouchers submitted and read were as follows:
Kristy L. Nelson...........(1/17/04 - 02/20/04)......................................................
Chazen Engineering....(Lighthouse Bluff Escrow).......................................... $648.00
Chazen Engineering.....(YMCA Escrow).......................................................... $321.75
Daily Freeman..............(M & L Homes Escrow).............................................. $ 14.07
Peter Case Graham.......(Citivision Escrow)...................................................... $ 195.00
Peter Case Graham.......(12/2/03 - 2/7/04)......................................................... $ 767.00
Kristy L. Nelson...........(Tape Recorder).......................................................... $ 54.11
PUBLIC HEARING & OLD BUSINESS
M & L HOMES LLC - (2003-36) - 126-150 Riverview, Port Ewen, NY
Site Plan Amendment - Bldgs. 10 & 11
Tax SBL #56.052-1-38.126-38.150
This proposal is for a site plan amendment for modifications of improvements to Buildings 10 & 11 of a previously approved PUD for Riverview Condominiums. Engineer and M & L Homes LLC rep, Charles Brown, was present at this meeting. He submitted, for the record, a letter dated 2/23/04 from the NYS DEC regarding the acknowledgment of Notice of Intent for coverage under SPDES general permit for stormwater discharges from construction activity, General Permit No. GP-02-01. A copy of the same is on file and copies were given to Board members and sent to their engineer. RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD OPEN THE PUBLIC HEARING FOR CASE 2003-36, M & L HOMES. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE. Russ then noted that he received a telephone call from Sheila Unger, Unit 12, Riverview, who had a concern of where the construction vehicles would enter and exit the site. Next, public comments were called for.
Ann DeSandis of 95 Riverview questioned the Planning Board’s procedures regarding public hearings. Chairman Shultis explained that regarding site plan review, according to the Town’s code, public hearings are waivable by the Planning Board if they see fit. He added that if as a result of tonight’s meeting and the comments from the public, if the Board feels they have to go back and look at this plan, and if there are any major changes as a result of this, it is up to the discretion of the Planning Board to hold another public hearing. Ms. DeSandis asked if the Planning Board had actual architectural building plans and noted that she had, in Riverview’s prospectus, the name and address of the original architect. Chairman Shultis stated that the Planning Board did not have actual architectural plans, however, it is in receipt of the original architect’s name and address. He added that he believed the original plans were in the building dept. and noted that early on in this process it was stressed to the applicant that it is required of him to build these units as was originally approved.
At this time, Chairman Shultis reviewed the Ulster County Planning Board’s referral response pertaining to this case. The response was ‘No County Impact’ with the following non-binding comments:
1. The proposal should remain consistent with the original approval for this Planning Unit Development.
2. All lighting proposed for the site should be full-cut off lighting
to reduce glare, especially visible light on the
Hudson River and the effect it has on views from across the river in Dutchess County.
Carol Blackwell of 116 Riverview asked if there would be another public hearing on the architectural part of the development. Chairman Shultis stated that this was the public hearing for the site plan and again noted that it has been stressed to the applicant that the build out of this must comply with what was originally approved as far as the layout, architectural design, and so forth. Russ Shultis added that early on the Planning Board had the applicant survey the site to make sure the foundations were placed where they were approved for. In addition, he noted that without site plan amendment approval, the applicant cannot get a building permit. Ms. Blackwell then asked if the Planning Board was responsible for establishing whether or not the developer needs to have a bond. It was explained that the engineer submitted documentation for cost estimates for subbase material, asphalt, concrete curbing, and asphalt for the sidewalks which is on file. This estimate was then reviewed by the highway superintendent for accuracy. In addition, a landscaping estimate was obtained. Chairman Shultis stated that he would be going to the Town Board with these estimates to see if they were in agreement with the same. If so, the applicant would then be required to post a bond or some sort of financial backing to assure the Town that the work will be done.
Warren McKean of 52 Riverview had a concern about the safety and smell of the detention pond. It was noted that the law does not require fencing around the detention pond. Chairman Shultis added that the engineer has placed a 5’ wide ramp in the retention pond for safety reasons. Engineer Charlie Brown noted that to mitigate the smell from the detention pond, they will be putting rip-rap around it to help stop the dirt from eroding which he and the DEC feel believe is what is causing the odor.
WITH NO OTHER COMMENTS TO BE MADE, RUSS SHULTIS MADE A MOTION, SECONDED BY KATHY WEITZE, TO CLOSE THE PUBLIC HEARING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
At this time, Chairman Russ Shultis read into the record a letter dated 2/19/04 from Stephen G. Fisher of Medrex who had no objection to this project cautioning only that the final elevation thereof not exceed those of the existing buildings so as not to interfere with the river view from his property. It was also noted that the Planning Board was in receipt of memos from the Town’s Environmental Advisory Board and Waterfront Advisory Board. Copies of the same were given to the Planning Board members. Due to the length of the Environmental Board memo, it was not read. However, the Waterfront Advisory Board’s memo was, and it strongly urged that the property adjacent to the Hudson River be protected throughout construction to control stormwater runoff and erosion of the river shoreline. In addition, plantings should be restored on the property adjacent to the River and the existing detention pond should be protected and maintained so that it functions properly. Next, Chairman Shultis noted that he spoke with Nancy Clark, the Planning Board’s engineer, via the telephone this evening, and she had two (2) concerns:
1. She felt there was a section of the parking area, because of
the contours, that may lead to the potential puddling
of the water. Nancy suggested possibly removing a section of the concrete curbing to allow the water to flow
onto the grass area.
2. She is aware of the notice of intent letter from the DEC dated
Jan. 5, but was not in receipt of the letter from
the DEC dated 2/23/04. Nancy expressed an interest in seeing the content of the same.
Planning Board Secretary Kristy Nelson also noted that Nancy Clark’s other comment to her from a telephone conversation that evening was that the proposal does not meet the Phase II stormwater regulations. Charlie Brown, M & L Homes’ engineer, explained that the disturbed area is between 1 acre and 5 acres, which is classified as a category A, so during construction, sediment and erosion control protection has to be implemented. He noted the DEC has the permit and will be monitoring the job and enforcing sediment and erosion control provisions during construction. He added that since there is less than 5 acres of disturbance, permanent facilities are not required for this type of project.
John McMichael went over the comments of Riverview’s Homeowners’ Association as noted at last month’s meeting, and they all seemed to be addressed. He then questioned whether the Environmental Board’s concerns were addressed. Mr. Brown was given a copy of the Env. Board’s memo for review. He noted that all items except item 1. were met. Charlie Brown stated that item 1. talked about evaluating the entire site under the new stormwater regulations, but that was not what Janet Santuski of the DEC wanted. He added that actually, in this particular case because the site is already all developed, it really would be a wash either way. Mr. Brown stated that they have complied with stormwater management and the DEC regulations.
Board members then looked at the parking area and the contours. It was agreed that Charlie Brown would open up a few sections of the curbing to mitigate this. Estimates and bonding were also discussed.
RUSS SHULTIS MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT FINDING NO SIGNIFICANT ENVIRONMENTAL IMPACT AND IN ACCORDANCE WITH NYS TOWN LAW AND THE CODE OF THE TOWN OF ESOPUS, THE TOWN OF ESOPUS PLANNING BOARD GRANT CONDITIONAL SITE PLAN AMENDMENT APPROVAL FOR CASE 2003-36 SUBJECT TO THE FOLLOWING CONDITIONS:
1. ALL OUTSTANDING BILLS MUST BE PAID BY THE APPLICANT (ESOPUS CODE CHAPTER 71).
2. THE APPLICANT MUST COMPLY WITH THE RECOMMENDATIONS CONTAINED
COUNTY PLANNING BOARD REFERRAL #2004018 WHICH INCLUDES, BUT IS NOT LIMITED TO,
ASPHALT SIDEWALKS, SLATE PATIOS, AND CONCRETE CURBING.
3. IN ACCORDANCE WITH NYS TOWN LAW 274-a, THE APPLICANT MUST SUBMIT
A BOND OR
OTHER SECURITY, IN THE SUM OF $72,500.00, TO COVER THE COST OF INFRASTRUCTURE
IMPROVEMENTS (I.E. ROADS AND PARKING AREAS), IN ADDITION TO LANDSCAPING, AS
SHOWN ON THE SITE PLAN. THE PERFORMANCE BOND WILL BE PAYABLE TO THE TOWN OF
ESOPUS AND HAVE AN EXPIRATION DATE OF 9/1/05. THIS PERFORMANCE BOND IS SUBJECT TO
APPROVAL FROM THE TOWN BOARD.
4. IN ACCORDANCE WITH NYS TOWN LAW 280-a, AND FOR THE BENEFIT
OF PUBLIC HEALTH,
SAFETY AND WELFARE, NO BUILDING PERMITS ARE TO BE ISSUED UNTIL THE PROPOSED
EMERGENCY ACCESS IS CONSTRUCTED AND IMPROVED TO THE SATISFACTION OF THE TOWN
OF ESOPUS HIGHWAY SUPERINTENDENT AND THE BOARD OF FIRE COMMISSIONERS. SIGNED
DOCUMENTATION, BY THE HIGHWAY SUPERINTENDENT AND BOARD OF FIRE
COMMISSIONERS, IS TO BE PROVIDED TO THE PLANNING BOARD AND THE ESOPUS BUILDING
DEPARTMENT THAT THIS CONDITION HAS BEEN SATISFIED.
5. PRIOR TO BLACKTOPPING ANY ROADWAY AND/OR PARKING AREAS, THE
CONTACT THE ESOPUS HIGHWAY SUPERINTENDENT FOR AN ONSITE INSPECTION OF THE
SUBBASE TO ASSURE IT IS IN COMPLIANCE WITH THE STANDARD HIGHWAY SPECIFICATIONS
AS SHOWN ON THE SITE PLAN.
6. UPON COMPLETION OF ALL ROADWAYS AND PARKING AREAS, THE APPLICANT’S
WILL SUBMIT, TO THE PLANNING BOARD, A STAMPED AND SIGNED LETTER CONFIRMING ALL
ROADWAYS AND PARKING AREAS WERE BUILT TO STANDARD HIGHWAY SPECIFICATIONS
AND ALL LANDSCAPING HAS BEEN INSTALLED AS SHOWN ON THE SITE PLAN. AT THIS TIME,
THE PERFORMANCE BOND, EXCEPT 15% OF THE FINAL CONSTRUCTION COSTS, WILL BE
REFUNDED TO THE APPLICANT. THE 15% WILL REMAIN IN AN ACCOUNT FOR ONE (1) YEAR TO
COVER THE COST OF ANY MAINTENANCE ISSUES THAT MAY ARISE.
7. FOR THE BENEFIT OF THE RESIDENTS OF RIVERVIEW, ALL CONSTRUCTION
TRUCK TRAFFIC IS
LIMITED TO ACCESSING AND EXITING THE SITE VIA THE “J” ROAD.
8. FOR THE BENEFIT OF THE RESIDENTS OF RIVERVIEW, CONSTRUCTION
WORK IS LIMITED TO
THE HOURS OF 7:00 AM TO 5:00 PM MONDAY THROUGH FRIDAY AND 9:00 AM TO 3:00 PM ON
SATURDAY. NO CONSTRUCTION WORK IS TO TAKE PLACE ON SUNDAY.
9. THIS APPLICATION IS SUBJECT TO TOWN OF ESOPUS ZONING CODE 123-47.E.
10. THE APPLICANT MUST CONFORM EXACTLY TO THESE PLANS AS APPROVED
PLANNING BOARD. ANY AND ALL CHANGES WILL REQUIRE A FORMAL AMENDMENT BY THE
ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
At this time, 7:55 pm, Chairman Russ Shultis excused himself from the Board for the next two (2) cases being heard and asked Board Member Roxanne Pecora to preside over this portion of the meeting.
SHULTIS/MAGLIATO - (2004-01) - Jordan Road, Ulster Park
Lot Line Adjustment
Tax SBL #63.002-2-13.3 & 4-20
Russ Shultis and Dave Magliato were present at this meeting. This application is for a simple conveyance of vacant land from Mr. Magliato to Mr. Shultis through a lot line adjustment. ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD APPROVE THE MAGLIATO/SHULTIS LOT LINE REVISION, CASE 2004-01, BY MAKING A DETERMINATION OF NON-SIGNIFICANCE PURSUANT TO SEQR AND GRANTING CONDITIONAL FINAL PLAT APPROVAL SUBJECT TO (1) PAYMENT OF ALL FEES; AND (2) SUBMISSION OF, AT LEAST, TEN PAPER COPIES AND A REPRODUCIBLE MYLAR COPY OF THE FINAL PLAT SIGNED BY BOTH LANDOWNERS. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0.
MAGLIATO - (2003-10) - 11-17 Jordan Road, Ulster Park, NY
2 Lot Subdivision
Tax SBL #63.002-4-20
Mr. Magliato was present at this meeting. This application is for a minor 2 lot subdivision. Acting Chairperson Roxanne Pecora asked Mr. Magliato which driveway he would be going with into Lot 2 since it appears different on the sanitary plans in comparison with the drainage and grading plans. Dave Magliato indicated that the revised plat dated 1/6/04 was the layout he had to go with in order to met the 12% driveway grade requirement. Regarding health dept. approvals, it was noted that everything had been approved, and they were just waiting for the letter in the mail. ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD CONDITIONALLY APPROVE THE MAGLIATO SUBDIVISION, CASE 2003-10, BY DECLARING A NEGATIVE DECLARATION UNDER SEQR AND NOTING THAT THE PRINTS WILL NOT BE SIGNED UNTIL THE BOARD HAS A COPY OF THE APPROVAL FROM THE COUNTY HEALTH DEPT. ALONG WITH 10 PAPER COPIES OF THE PLAT AND A REPRODUCIBLE MYLAR . ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.
At this point in the meeting, Russ Shultis resumed as Chairman of the Planning Board.
MARTONE - (2003-027) - 1495 & 1501 Main St., Route 213, Rifton,
2 Lot Subdivision
Tax SBL #63.001-1-4
Carl Sumliner 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. Sumliner. This application is for a minor 2 lot subdivision. Maps were reviewed for the revisions requested last month and to be sure the accessory buildings were not in violation of the front yard setbacks. ROXANNE PECORA MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THE PLANNING BOARD FIND THE MARTONE SUBDIVISION MAP COMPLETE; RENDER A DETERMINATION OF NON-SIGNIFICANCE (NEGATIVE DECLARATION) PURSUANT TO SEQR; AND GRANT CONDITIONAL FINAL PLAT APPROVAL SUBJECT TO:
1. APPROVAL FOR THE SEPTIC DESIGN FOR LOT 1 FROM THE COUNTY HEALTH
2. APPROVAL OF THE PROPOSED ACCESS FROM THE TOWN HIGHWAY; AND
3. SUBMISSION OF AT LEAST TEN (10) PAPER COPIES AND A REPRODUCIBLE MASTER PLAT
DRAWING EACH BEARING THE SIGNATURE OF THE LANDOWNER.
ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
Chairman Shultis noted that there is, on file, a letter from Art Cross, the former Highway Superintendent, for the driveway cut.
327 BROADWAY, LLC/VAN LOAN - (2004-02) - 316-318 Broadway, Ulster Park,
Site Plan Amendment
Tax SBL #56.075-2-16, 17 & 18
The applicant is proposing renovations to the interior space of a two-story commercial-occupancy frame building to provide three store units of approximately equal floor area. Don Van Loan represented his father at this meeting along with Draftsman Charlie Wesley. At this time, Chairman Shultis noted that because he was a friend of the Van Loans, he would be abstaining from any vote pertaining to this application. Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review for this application. A copy of the same is on file and a copy was given to Don Van Loan. Site plan maps were reviewed. Landscaping, lighting and signage were discussed. Kathy Weitze felt additional landscaping may be needed on the southerly boundary of the property. Don Van Loan noted that they also own that lot. Roxanne Pecora thought a few bushes in the front should also be added. Don Van Loan stated that they were thinking along the line of flower boxes in the front. It was noted that glare shielded lighting would be required. There would be one sign on the existing pole and the other signs would be put on the building itself. Dennis Suraci suggested looking into pushing the fencing back on the north side of the property 4-5’ more than they originally planned for snow plowing. Charlie Wesley stated that the property drops off severely at that point, but he would look into that. RUSS SHULTIS MADE A MOTION, SECONDED BY KATHY WEITZE, THAT PURSUANT TO ESOPUS ZONING CODE 123-47A.3., THE PLANNING BOARD REFER THIS APPLICATION TO THE ULSTER COUNTY PLANNING BOARD. ALL MEMBERS PRESENT, WITH THE EXCEPTION OF RUSS SHULTIS WHO ABSTAINED, VOTED IN FAVOR OF THE MOTION. MOTION CARRIED BY A 4-0-1 VOTE. ROXANNE PECORA MADE A MOTION, SECONDED BY DENNIS SURACI, THAT PURSUANT TO SECTION 123-47C.5., THE PLANNING BOARD WAIVE HOLDING A PUBLIC HEARING ON THIS APPLICATION. ALL MEMBERS PRESENT, WITH THE EXCEPTION OF RUSS SHULTIS WHO ABSTAINED, VOTED IN FAVOR OF THE MOTION. MOTION CARRIED BY A 4-0-1 VOTE. Dennis Suraci then requested that Draftsman Charlie Wesley indicated on the plan that it will be paved from the existing pavement to the new fence.
LA MIRAGE STEAKHOUSE/ADEL - (2004-003) - 423 Broadway, Ulster Park,
Site Plan Amendment
Tax SBL #56.020-3-28.2
Mr. Adel and Jan Van Heusen were present at this meeting. Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review for this application. A copy of the same is on file and a copy was given to the applicant. This proposal is for a site plan amendment of an existing restaurant in the 9W Overlay district. The Planning Board advised the applicant that he did not have what the Board needed to proceed on this application. Mr. Adel noted that he has a person (Jim) working on a site plan. Jan Van Heusen stated that Jack Stamant from the DOT did look at the property and wanted to know what the Planning Board wanted from the State. Board Member Roxanne Pecora commented that the Board needs to know if the applicant has approved curbcuts and where they are located. Chairman Russ Shultis got Mr. Stamant’s telephone number from Mr. Van Heusen and will call and speak to him. It was noted that what exists now and all that is being proposed need to be shown on the site plan along with landscaping and lighting. In addition, this application would have to be referred to the Ulster County Planning Board for its review. The Planning Board was in receipt of the Building Dept’s abstract report that stated there were no code violations presently on the site.
SMALL - (2003-028) - 92 & 106 Hardenburgh Road, Union Center/Ulster
3 Lot Subdivision from 2 Lots
SBL #63.003-7-12.1 & 13.13
Mr. Small and Todd Schroeter were present at this meeting. This proposal is to re-configure and split 2 parcels into 3 with a common driveway. Miles Putman of Shuster Associates gave his project review on this application. A copy of the same is on file and a copy was given to the applicant. Todd Schroeter stated that the 100’ wide right-of-way on Lot 3 as discussed in Miles review was a green belt. Maps were reviewed and it was noted that the 100’ was labeled as a green belt. Miles review also noted an apparent discrepancy of topographic datum shown on this plat and on the plats submitted for the abutting Mahairas and Sterngass subdivisions. In addition, it was suggested that the preliminary plat show and label the existing lot lines proposed for deletion. Various letters from neighbors (Farrell, Mizel & Trask/Fredrick) were received by the Planning Board expressing their support for this proposal. Copies of the same are on file. In addition, a letter was received and is on file from Mindy & Gregory Boyle, the new owners of this property, which states that Lots 1 and 2 will never be further subdivided. A letter from Biologist Michael Nowicki was also submitted to the Board regarding wetlands. Planning Board members requested that the existing lot lines being deleted be shown on the map along with a notation stating that Lots 1 & 2 will never be further subdivided. John McMichael wondered about a possibility of joining the Small and Mahairas subdivisions since they were adjoining. It was noted that the topography would not allow for the same. Chairman Shultis asked if the Highway Dept. was aware of this proposal having one (1) driveway servicing three (3) houses/lots and requested that this be verified with Al Larkin. In addition, Russ Shultis noted that if this application was acted on favorably, it would be subject to the driveway code, Section 107-23D., concerning the percent grade. Russ then asked Miles Putman, if given the length of the driveways, did he think it would trigger anything with SEQR because of site disturbance. Miles suggested running this matter by the Planning Board’s engineer. Miles also felt the Board would need to have some idea of what work would have to be done on the driveways to make each lot buildable. Todd Schroeter noted that they would be using an existing 16’-24’ road that has existed on the property for about 100 years that runs from one end of the property to the other for the driveway and the spur for Lot #1 is already in place. RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT PURSUANT TO ESOPUS CODE CHAPTER 71, THE APPLICANT ADD $250.00 TO THE ESCROW ACCOUNT. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE. KATHY WEITZE THEN MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING ON THIS APPLICATION FOR THURSDAY, MARCH 25, 2003, AT 7:10 PM CONDITIONED UPON A REVISED MAP SHOWING THE NECESSARY LOT LINE CORRECTIONS BEING SUBMITTED BY THE CUTOFF DATE OF MARCH 11, 2004. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE. Dennis Suraci requested that the location of the wells be shown on the plat. KATHY WEITZE MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD SEND THIS APPLICATION TO NANCY CLARK FOR A REVIEW BACK REGARDING THE ROAD DISTURBANCE. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
MAHAIRAS - (2002-010) - 100-120 Carney Road, Rifton, NY
6 Lot Major Subdivision
Kris Kostigannis represented the applicant at this meeting. This proposal is for a 6 lot subdivision of 24.3 acres and it is the developer’s intent to offer the new access road to the Town as provided for in Section 107-33 of the subdivision law. Miles Putman of Shuster Associates gave his application review. A copy of the same is on file and a copy was given to Mr. Kostigannis. Chairman Shultis noted that this project would be subject to recreation fees which is $100 per lot. It was also noted that an escrow account for this application exists and has a balance of $1,962.74. Russ Shultis noted that he had a concern with the upper section of Carney Road and felt the Planning Board would need some kind of documentation from the new Highway Superintendent, Allan Larkin, that allows the cut being proposed onto that section of Carney Road. He also wanted to make sure the Highway Superintendent was comfortable with the dedication of the road since now it is the applicant’s plan to turn the road over to the Town. Russ suggested that the applicant also make the Town Board aware of this proposal and the road dedication since they would ultimately be the Board that accepts the road. John McMichael had a concern about traffic. Kris Kostigannis asked what makes this proposal a major subdivision. Miles Putman’s reply was the number of lots being proposed, 5 or more, as per the Town’s subdivision regulations. Chairman Shultis noted that the applicant’s engineer felt this was a minor subdivision because in the Realty Subdivision Law it states major subdivisions consist of 5 or more lots less than 5 acres and since two of their lots are over 5 acres he felt this subdivision was below the threshold. Miles Putman noted that was the New York State Health Dept. Law and not the Town of Esopus Subdivision Regulations; they are two (2) different definitions. Dennis Suraci believed the requirement for wells downhill from the septics was 200’ so he suggested that Lots 4 & 5 be checked by the applicant’s engineer since it appeared to him that these 2 lots maybe in jeopardy. Dennis also felt that the driveway to Lot 3 looked a little stepper than the requirement so he suggested the applicant’s engineer look at this too. Chairman Shultis advised the applicant’s representative to get confirmation from Engineer John Davison about the septic distances for Lots 4 & 5 and that the driveway for Lot 3 falls within the specs of the code. It was noted that the proposed road was 883.89’. Roxanne Pecora had a concern with Carney Road in itself. She felt developments on Carney Road are going to start raising questions like whether the road can handle it. Roxanne felt the Planning Board should get some kind of determination from the Highway Superintendent as to what this road can really handle on a daily basis especially since the Board has been told the Town cannot improve the road. Kathy Weitze had a problem with coming back to current landowners and saying they can’t put in a subdivision because the road is substandard. At this time, Chairman Shultis read NYS Town Law Section 277, the opinion of the State Comptroller, 8377, “Although a Planning Board as a condition of subdivision approval may not require a subdivider to improve an existing street or highway outside the subdivision, it may deny approval of a subdivision application on the grounds that a pre-existing street or highway outside the subdivision is inadequate to bear the increased traffic”. Russ added that perhaps it should be up to the applicant to prove to the Board that the road can accept the traffic. He then turned to Chris Kostiganni noting the Board’s concerns as discussed above and stated that the Planning Board would require some answers from the applicant to address them. Mr. Kostiganni felt that when the Board starts determining what impacts on traffic there are, this type of review or research would come from an environmental impact statement. He stated this would be a huge expense for the applicant and wondered if the Board asked other subdivisions on Carney Road to do this sort of study. Roxanne Pecora suggested the applicant talk with the Highway Dept. about where the proposed road cut into Carney Road and the Planning Board send a letter to the Highway Dept. about Carney Road in general. Dennis Suraci suggested that when the applicant meets with the Highway Superintendent he may want to list the sight distance on the map. Miles Putman noted that for an unlisted action under SEQR, if in the Planning Board’s discretion there will be one or more impacts or possible questions that need additional data which the short form doesn’t always encourage applicants to give, it can request a long form EAF. Chairman Shultis will check with Nancy Clark on this matter also. ROXANNE PECORA MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT THE PLANNING BOARD SEND THE PRINTS FOR THE MAHAIRAS APPLICATION TO CHAZEN ENGINEERING FOR THEIR REVIEW AND COMMENTS AND ASK THEM TO PAY PARTICULAR ATTENTION TO THE DRAINAGE, STORMWATER RUNOFF. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE. Dennis Suraci noted that baled hay erosion control appeared on the map and advised Mr. Kostiganni that this can no longer be used.
COOPER - (2004-005) - 611 Old Post Road, West Esopus, NY
5 Lot Major Subdivision
Robert Grey, P. E. and Applicant Dennis Cooper were 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 Mr. Cooper. This proposal is for a major 5 lot subdivision
of a rural residential lot situated along the central uplands of the Town
in an R-40 District with substantial frontage on a county road. Lots
will range in size from 2 to 8 1/3 acres. At this time, Chairman
Shultis referred to a letter dated Jan. 6, 2003 from the Ulster County
Dept. of Highways & Bridges which noted that for major subdivisions
over 4 lots on a roadway servicing the entire subdivision with all lots
having access on the same roadway, the number of roadways will be determined
by the Ulster County Dept. of Highways & Bridges depending upon safety,
sight distance, frontage, etc. Runoff calculations and sight distances
involved are considered for the subdivision as a whole and not for each
separate lot. Runoff calculations, sight easements, and traffic impact
studies must be submitted after the field inspections and prior to permit
approval. The applicant must submit a $3,000.00 bond and liability
insurance from the contractor. Russ suggested the applicant contact
the County Highway Dept. regarding the same. RUSS SHULTIS MADE A
MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD HAVE THE APPLICANT
ESTABLISH AN ESCROW ACCOUNT IN THE SUM OF $1,500. ALL MEMBERS PRESENT
WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE. Chairman
Shultis then noted it would be up to the Board to send this to the Health
Dept., however, even if the Board didn’t, the applicant would be subject
to that if he was approved under the building code. It was also noted
that this application would be subject to recreation fees under Esopus
Code 76-2E.e. Regarding the flag lot, Lot 4, Chairman Shultis felt
it exceeded the flag lot regulations (pole under 300’). It was noted
that the applicant could either reconfigure the layout or request a waiver
from this regulations from the Planning Board in writing. The Board
then requested that the applicant add an inset map that just shows the
property and the adjacent owners, including those across the street.
At this time, the long EAF was corrected by the applicant’s engineer to
list the Ulster County Dept. of Highways and Bridges as an “involved” agency
instead of the Town Highway Dept. ROXANNE PECORA MADE A MOTION, SECONDED
BY KATHY WEITZE, THAT THE PLANNING BOARD APPROVE THIS APPLICATION FOR SKETCH
PLAN SUBJECT TO GETTING THE APPROVAL OF THE COUNTY BRIDGES AND HIGHWAYS.
ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0
VOTE. Miles Putman strongly recommended the delineation of the wetlands
pertaining to Lots 4 & 5. It was also suggested that the applicant
approach the Health Dept.
WALLENSTEIN & MCCARRON - (2004-06) - 322 Schultz Lane, May Park, Town of Esopus, NY
Conditional Use Permit - Horse Arena
Tax SBL #56.019-2-15 & 20.1
Mr. Wallenstein was present at this meeting. Miles Putman of Shuster Associates gave his project review for the application. A copy of the same is on file and a copy was given to the applicant. Miles review noted that this use appeared feasible, in that it will supplement an activity already taking place on the site - boarding of horses and questioned whether the boarding activities pre-dated the current zoning, and whether a conditional use permit approval was required just for the arena building. The review also pointed out that the applicants have attempted to remedy the proposed noncomplying building setback by merging tax lots 15 and 20.1 into one parcel. Miles suggested the Board get proof of this in the form of a revised property deed that describes the entire 82 acres site as one single parcel. However, it was also noted that there are no specific standards set forth in the section of the zoning law addressing conditional use permits (123-13), but the keeping of animals is subject to the standards of Section 123-11.C (Agricultural Uses and Riding Stables), specifically subsection 2. Specifically, subsection 2.b which states that for stables and similar buildings, in “no instances shall the minimum distances from any street or lot line be less than one hundred fifty (150) feet.” Therefore, there appeared to be a setback zoning problem in regards to the Kirn property since the arena location is about 90’ from the boundary of tax lot 16 (lands of John Kirn). Martin Wallenstein noted that he is presently having his lawyer create a new deed describing one single 82 acre parcel. He also stated that he believed the code read “keeping of animals” and noted that they were not keeping animals in the arena. Mr. Wallenstein went on to mention that Hank Pittner, the Building Inspector, had said this was not a “keeping of animals” and thought the 150’ setback might not fit here since it was not a stable. The boarders walk their animals in, they ride them, and they walk them out. Building Inspection Mark Rieker, who was present at this meeting, felt that the intent of the code was if you had a barn, outside would be manure or something else and the smell would travel. Martin Wallenstein then noted that he was in the middle of buying the Kirn property. Chairman Shultis told Mr. Wallenstein that if he was in violation of the 150’ with what he has now, then the Planning Board had to refer him to the ZBA. To address Mr. Wallenstein’s questions about keeping as opposed to boarding, Russ told him that if he could convince the ZBA there was no violation of the code, it would certainly reduce the Planning Board’s workload and save Mr. Wallenstein a lot of problems. Chairman Shultis asked Mr. Wallenstein if he was comfortable with this. Martin Wallenstein said. “yes”. Mr. Wallenstein further explained that the purpose of the arena is for the present boarders to ride their horses in the winter, and there will be no electricity. The building/arena would have plastic windows. Chairman Shultis asked Mr. Wallenstein if he would be using the existing electrical transformers that are on the site. The applicant said, “no, not at the present moment”. There are presently 7 horses being boarded. ROXANNE PECORA MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT THE PLANNING BOARD REFER THE WALLENSTEIN/MCCARRON APPLICATION, CASE #2004-06, TO THE ZONING BOARD OF APPEALS FOR AN INTERPRETATION OF ZONING CODE 123-11.C2.b WITH SPECIFIC INTEREST IN THE LAST SENTENCE IN b WITH REGARDS TO THE ARENA. THIS WOULD PERTAIN TO WHETHER OR NOT THE APPLCIANT WOULD HAVE TO COME BEFORE THE PLANNING BOARD. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE. Roxanne Pecora will represent the Planning Board at the next ZBA meeting regarding this interpretation request.
TANGREDI - (2004-07) - Minor 4 Lot Subdivision
1201-1231 Route 213; 441-461 Main St., St. Remy, NY
Tax SBL #63.006-3-1
Mr. Frank Tangredi and Steven Pauli were present at this meeting. Miles Putman of Shuster Associates gave his application review for this project. A copy of the same is on file and a copy was given to the applicant. This application is for the division of an 8+ acre vacant parcel in St. Remy into four building lots of about 2 acres each in an R-40 District. It was suggested that a better copy of the letter of authorization from the property owner be submitted. RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD GRANT SKETCH PLAN APPROVAL. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE. The applicant was advised to include contours, get with NYS DOT and the Town regarding the driveway cuts, and be aware that this project would be subject to an escrow account being established.
GRAY - (2004-08) - Minor 4 Lot Subdivision
1863 Broadway (US 9W), West Park, NY
Tax SBL #80.001-4-4.2
Mr. & Mrs. Gray were present at this meeting. Miles Putman of Shuster Associates gave his project review for this proposal. A copy of the same is on file and a copy was given to the applicant. This proposal is to divide a riverfront parcel in four lots in an R-40 District within the Town’s Coastal Management Area. The property is split into two sections by the West Shore rail line. An easement crosses the tracks to access the upper and lower portions of the site. It was noted a short EAF accompanied the application, although a Full EAF was noted on the accompanying cover letter. In addition, it was noted that the application had the wrong tax map number listed; it should be 80.001-4-4.2 and not 80.001-4-4. Mr. Grey noted that they are not proposing any new cuts, they want to use the existing cut and bring all the driveways off of that. Maps were reviewed, driveway length and the 12% grade were discussed. Roxanne Pecora did not think this proposal was practical. Russ Shultis had a concern with 4 houses sharing 1 driveway and two 50’ access strips which are split by CSX. Mr. Gray noted that there would be deeded access right easements for the driveways with maintenance agreements. It was noted that an escrow account would be required for this application. The Gray’s will contact CSX regarding them allowing two (2) crossings before continuing with further with this application.
IPE Asset Management - (2004-09) - Major 15 Lot Re-Subdivision
740-770 Old Post Road, West Esopus, NY
Tax SBL #71.002-2-42.2
Mr. Stinemire represented the applicant at this meeting. Miles
Putman of Shuster Associates gave his application review. A copy
of the same is on file and a copy was given to the applicant. This
proposal is for a major 15 lot subdivision of a large, vacant tract in
an R-40 District with access by a proposed dead-end town road. It
was noted that a letter of authorization from the owner for Mr. Stinemire
to act on his behalf was required. With the owner being present at
this meeting, the application was signed. Highway Superintendent
Al Larkin, who was present at this meeting, stated that he preferred hammerheads
at the end of deadend streets because they are easier to maintain and blacktop.
However, he had no problem with the dead-end circle design as long as the
snow could be put in the center. He added that as far as he knew
they planned to designate that center of the circle for a water tank for
fire purposes. Mr. Stinemire stated that he meet with the Esopus
Fire Chief who recommended that they provide one additional underground
tank with reserve water at the far end of the road. In addition,
the fire chief told him there is a pond on the other side of Old Post Road
that they have permission to use and have used on other occasions for reserve
water, the fire dept. has 4,000’ of hose, and he had no problem with getting
enough water to fight a fire at any point along that road. Roxanne
Pecora felt the Board should have something in writing from the Esopus
Fire Dept. In response to Mile’s review, Mr. Stinemire noted
that the proposed road is 3,100’ not 5,000 feet. John McMichael and
other Board members had a safety concern with what happens if the road
becomes blocked. Chairman Shultis then suggested Mr. Stinemire run
this proposal by the Town Board since they would be the ones accepting
the road. Mr. Stinemire noted that the road would be 26’ of pavement
with 4’ shoulders on both sides plus the 50’ wide area has to be clear
cut and graded so in reality there would be plenty of room to get around
if there was an accident on the road. Al Larkin stated that the clear
cut 50’ strip would not help in the winter. The shoulders won’t do
anyone any good because you couldn’t get through the snow bank. An
alternate design was presented to the Board for discussion purposes only
to try to minimize the length of the road. It was noted that this
proposal wouldn’t be feasible because the road grade could not be met.
Mr. Stinemire added that he spoke to Mrs. Huth, an adjoining property owner,
about possibly selling some property to get a through loop to Poppletown
Road, but she was not receptive to that idea. Chairman Shultis suggested
to the Board that it look at this issue and possibly extend the road to
the edge of the property for a possible future road as provided for in
the Town code. John Stinemire noted that they would have to be very
careful about where they would do something like that because of the fact
that there is a ledge there. A two lane road separated by a medium
was also discussed, and the Highway Superintendent seemed receptive to
that. However, Al Larkin noted that the applicant might have to go
back to the County about two lanes coming into Old Post Road. Russ
Shultis thought perhaps both lanes could merge at the curbcut. The
Planning Board suggested, regarding the length of the road, that
Mr. Stinemire get written documentation from the Highway Depts. (County
& Town) and the Esopus Fire Dept. In addition, because the Town
Board is the only Board that can accept this dedication, they need to be
made aware of what is being proposed, along with the Planning Board’s concerns,
and have the Town Board give the Planning Board their opinion. Also,
any request for a waiver to the deadend road length would have to be made
in writing. The support of TEVAS, the local ambulance service,
was also suggested. At this time, Chairman Shultis referred to a
letter received by the Planning Board from Rabbi Joanna Katz talking about
doing excavation work within the 100’ deeded forest preserve ban the runs
between her property and IPE’s. A copy of this letter was given to
John Stinemire. He stated that they have no intention of doing any
work in that area at this point at all. Russ Shultis stated that
if this is a 100’ deeded reserve, he did not why anyone would be digging
there, but if they did, Russ requested that these holes be filled in.
Mr. Stinemire stated he would address this issue.
ZBA Referrals - None
A list of monthly correspondence received by the Planning Board was given to each Board member.
Maps for Signing
It was noted that revised maps for signing are still needed for Citivison and the YMCA. Dennis Suraci will contact Joe Pisani regarding this matter for Citivision, and Russ Shultis will contact Engineer Dave Clouser regarding the map for the YMCA.
DEC Rep Meeting
Suggested dates for a DEC Rep Meeting were Wed., March 10th, Wed., March 17th, or Thurs., March 18th.
WITH NO OTHER BUSINESS PENDING, RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA, TO CLOSE THE MEETING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION. MEETING ADJOURNED.
Kristy L. Nelson