TOWN OF ESOPUS
PLANNING BOARD MEETING
FEBRUARY 24, 2011

BOARD MEMBERS PRESENT:

Roxanne Pecora
Charles Wesley
Fred Zimmer
Margaret Yost
Michael Minor
William Devine
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 7:05 p.m. beginning with the Pledge of Allegiance to the Flag. Roxanne advised the public of the building’s fire exits and roll call was taken.

MINUTES: Board members were asked if there were any changes or corrections to the minutes of the January 27, 2011 meeting. 

MARGARET MADE A MOTION TO ACCEPT THE PLANNING BOARD MINUTES OF JANUARY 27, 2011, SECONDED BY MIKE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 7-0. VOTE WAS AS FOLLOWS:

Charlie−−−−−−−−..yes

Fred−−−−−−−−−..yes

Margaret−−−−−−−...yes

Mike−−−−−−−−−.yes

Bill−−−−−−−−−...yes

Darin−−−−−−−−−yes

Roxanne−−−−−−−..yes

 

VOUCHERS:

 

Clough Harbour (Esopus Lake)−−−−−−−−−−.−−−−−−−−.$ 1,072.00

M.L. Putman Consulting −−−−−−−−−−−−−−−−−−−−−$ 2,500.00

April Oneto (secretarial services month of February, 2011).−−−−−−−−..45 hours

 

CHARLIE MADE A MOTION TO APPROVE THE VOUCHERS AS READ, SECONDED BY DARIN. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 7-0.

 

Chairperson Pecora welcomed Councilperson Gloria VanVliet back to the Planning Board as the Planning Board Liaison from the Town Board.

 

PUBLIC HEARING:

 

REIKER: Case #2011-01 – Minor Subdivision – Connelly Rd., 315 James St.,

Connelly; SBL: 56.015-1-1.115 & 1.116

 

MIKE MADE A MOTION TO OPEN THE PUBLIC HEARING FOR REIKER, CASE #2011-01, MINOR SUBDIVSION, SECONDED BY BILL. ALL MEMBERS WERE IN FAVOR. MOTION WAS PASSED WITH A VOTE OF 7-0. VOTE WAS AS FOLLOWS:

 

Charlie−−−−−−−..yes

Fred−−−−−−−−..yes

Margaret−−−−−−...yes

Darin−−−−−−−−yes

Bill−−−−−−−−...yes

Mike−−−−−−−−.yes

Roxanne−−−−−−...yes

 

Chairperson Pecora read the Public Hearing Notice placed in the Daily Freeman. Copy of notice placed in the file. 

 

Chairperson Pecora asked if there was anyone present who wished to speak on this application. There was no one present to speak 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 7-0.

 

OLD BUSINESS:

 

REIKER: Case #0211-01 – Minor Subdivision – Connelly Rd., 315 James St.,

Connelly; SBL: 56.015-1-1.115 & 1.116

 

Applicant James Reiker was present. 

 

Mr. Reiker submitted driveway permit dated 2/11/11 signed by Alan Larkin. Copy placed in file.

 

 

MIKE MADE A MOTION TO DECLARE A NEGATIVE DECLARATION OF NON-SIGNIFICANCE PURSUANT TO SEQR FOR REIKER, CASE #2011-01, MINOR SUBDIVISION, SECONDED BY CHARLIE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 7-0. VOTE WAS AS FOLLOWS:

 

Charlie.........................yes

Fred.............................yes

Margart.......................yes

Darin...........................yes

Bill..............................yes

Mike............................yes

Roxanne......................yes

 

MIKE MADE A MOTION TO APPROVE THE MINOR SUBDIVISION FOR REIKER, CASE #2011-01 CONTINGENT UPON RECEIPT OF $2,000 RECREATION FEE ALONG WITH 1 MYLAR AND 6 PAPER MAPS, SECONDED BY FRED. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 7-0. VOTE WAS AS FOLLOWS:

 

Charlie......................yes

Fred..........................yes

Margaret...................yes

Darin........................yes

Bill...........................yes

Mike........................yes

Roxanne..................yes

 

FERGUSON: Case #2010-2 - (2 Lot) Subdivision - 1723 Broadway (US Route

9W; State Hwy 5508), West park; SBL: 80.001-3-23

 

No one present for this application.

 

NEW BUSINESS:

 

PITTNER: Case #2011-02 - (3 Lot) Subdivision - 78 Loughran Lane (Town Hwy

832), West Esopus; SBL: 71.004-1-15.1

 

Myles reviewed M.L. Putman Report dated 2/17/11, copy given to applicant and copy placed in file. 

 

Myles suggested that Mr. Pittner contact NYSDEC in reference to the rare species and significant natural communities. He suggested that he might want to look at the Costello file since there is a sample letter in that file that was to be sent to the DEC.

 

Mike asked Mr. Pittner how steep the driveway was. He stated less than 12%. Following some discussion Fred requested topographic information for the property in question.

 

Bill questioned the road dedication. Following some discussion applicant stated that he is willing make a road dedication to the Town. 

 

 

MIKE MADE A MOTION TO GRANT SKETCH PLAN APPROVAL FOR PITTNER, CASE #2011-02 MINOR SUBDIVISION, SECONDED BY BILL. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 7-0. VOTE WAS AS FOLLOWS:

 

Charlie.......................yes

Fred...........................yes

Margaret...................yes

Darin.........................yes

Bill...........................yes

Mike.........................yes

Roxanne...................yes

 

BIRCHEZ ASSOC. LLC: Case #2011-03 - Dick Williams Lane; River Rd.

Ulster Park; SBL: 56.076-2-5.1 thru 5.4

 

Myles reviewed M.L. Putman Consulting Report dated 2/18/11, copy given to applicant and copy placed in file.

 

Jonathan Hoyt, Esq. presented a letter dated 2/15/11 from Birchez giving him permission to represent them for this application. Letter placed in file.

 

Roxanne informed applicant that this application can not be considered by the Planning Board tonight because there are outstanding issues on the prior Birchez application with the Town. One of those issues is concerning Dick Williams Lane.

 

Chairperson Pecora read memo from Town Supervisor dated 2/23/11 stating that Dick Williams Lane (private road) has not been deeded at this time to the Town and she read an e-mail from Don Kiernan, Water/Sewer Superintendent, dated 2/23/11 regarding the outstanding/incomplete issues relative to the water/sewer pump station. Copy of memo and e-mail were given to applicant and copy placed in the file.

 

Roxanne stated that the bottom line is that until these issues are cleared up this Board can not take on any new applications from Birchez. Roxanne stated that they can come in for Pre-submission Conference to go over things that they intend to do and things that need to be cleared up prior to entertaining an application or we can treat this evening’s meeting as a pre-submission. 

 

 

Mr. Hoyt stated that he has not personally been involved in this project until this application and was unaware of these outstanding issues which he will relay to his client. He would like to treat this as a pre-submission to get as much input as possible so that they can try to get everything rectified and get everything in order so that it is acceptable to the Board. 

 

Bill questioned what the purpose of this application is. Mr. Hoyt apologized because he is not familiar with the previous dealings with the Board. He stated that he is aware that there is some concern as to the marketability of lots that are significantly encumbered by retention or drainage ponds. They are attempting to make fee ownership of the pond areas so that liability concerns and other concerns would be addressed. Mike stated they are trying to put the retention ponds and infrastructure into the existing senior community and come out with three building lots. Mr. Hoyt stated the less encumbered building lots. 

Myles reviewed M.L. Putman Consulting Report dated 2/18/11, copy given to applicant and copy placed in file. Myles stated that the third building site moves to a completely new location to across the road that this Board has not looked at. Myles stated that this a Plat Amendment to an existing subdivision. Myles questioned how they are going to get access to Lot #3 since he does not think the County will go for it. Myles stated that this is a little bit more than a lot line revision.

 

Fred stated that this plan would work a lot better if they deleted Lot #3. Fred stated that if he just lost Lot #3 he would be able to just do a lot line adjustment. Fred stated that applicant needs to clean up the other issues with the Town and then come back to this Board.

 

Mr. Hoyt stated that it is his understanding that they are aware of the issues and are working to get these issues resolved. Roxanne stated that they have been aware for more than a year and have not resolved the issues. Mr. Hoyt stated that he will do his best to explain everything to Mr. Aaron and he appreciates the time the Board has given him and the information he has received. 

 

Roxanne stated that this application is really a subdivision as presented but if they eliminate Lot #3 then it is a Lot Line Adjustment. Fred stated that if they eliminate Lot #3 they can probably be through the process in one night. They can submit a letter for a waiver of the Public Hearing for a Lot Line Adjustment as per Section 106.17-A of the Town Zoning Code. Mr. Hoyt stated that from everything that he has heard Lot #3 may cost more than it is worth. Roxanne stated that there will be a recreation fee of $2,000 because they will be creating a new lot and quite probably a need for our Planning Board engineer to review it as well..

 

Mike stated that they get to decide what they want to do but as presented these are big changes. 

 

Bill is concerned about pumping sewage up hill and wants to know who is going to do the pumping. The homeowner will be responsible until it gets to the pump station. 

Mr. Hoyt stated that he appreciates the Board’s position and will go back and try to sell the position of perhaps eliminating Lot #3 and address the issues brought up in Myles Report and in the meantime try to get the other issues resolved as soon as possible. Roxanne informed him that they can certainly come to a Pre-submission Meeting if they would like once the other issues have been resolved. Roxanne stated they should contact the Town Clerk to make an appointment for one of our scheduled Pre-Submission Meetings. 

 

ZBA REFERRALS: 

None

 

MISCELLANEOUS:

MIKE MADE A MOTION TO ADJOURN, SECONDED BY MARGARET. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 7-0. MEETING WAS ADJOURNED AT 7:58 PM. 

 

NEXT MONTHLY MEETING: MARCH 24, 2011

 

DEADLINE: MARCH 10, 2011

 

NEXT PRE-SUBMISSION: MARCH 1, 2011

 

Respectfully submitted:

 

April Oneto

Planning Board Secretary