TOWN OF ESOPUS
PLANNING BOARD MEETING MINUTES
March 22, 2001
BOARD MEMBERS PRESENT: Marilyn Coffey, Chairperson
ALSO PRESENT: Miles Putman, Shuster Associates, Planning Board Consultant
At 7:00 pm, Chairperson Marilyn Coffey called the meeting of the Town of Esopus Planning Board to order beginning with the Pledge of Allegiance to the Flag. Marilyn then advised the public of the building’s fire exits, and roll call was taken.
ROXANNE PECORA MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE PLANNING BOARD APPROVE THE MINUTES OF THE FEBRUARY 21 AND 22, 2001, PLANNING BOARD MEETINGS AS PREPARED. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.
A MOTION WAS MADE BY LINDA SMYTHE AND SECONDED BY FRED ZIMMER TO ACCEPT ALL VOUCHERS SUBMITTED AND READ. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH PASSED BY A 7-0 VOTE.
The vouchers submitted and read were as follows:
Kristy L. Nelson............(2/17/01 - 3/16/01)........................................................................................ 23 hrs.
Daily Freeman...............(Mignone Public Hearing)........................................................................... $ 12.61
Chazen Engineering.......(Connelly Village Review - TO BE PD. FROM ESCROW).................... $ 54.00
Robert C. Grieco, Esq......................................................................................................................... $276.00
PUBLIC HEARING & OLD BUSINESS
MIGNONE - (2001-006) - 803 Broadway, Ulster Park, NY
Alteration of mixed-use occupancy; additional apartments
Tax SBL #64.003-5-10
The applicant was present prior to the meeting. Chairperson Coffey noted that upon submission of this application to the Ulster County Planning Board for their review, they advised the Planning Board that three dwelling units in a single structure is by definition a multi-family structure in the Town’s Zoning Statute, and this is not permitted in the GC District in which the site is located. Upon further review, the Planning Board’s consultant came to the same conclusion. Therefore, the public hearing scheduled for this application was canceled. It was noted that Mr. Mignone’s options were to request a use variance from the Zoning Board of Appeals, or petition the Town Board to amend the zoning law to permit multifamily dwellings in the GC District. Anthony Mignone told Chairperson Coffey that he would be submitting an application to the Town’s Zoning Board of Appeals.
HUBENER - (2000-003) - 106 Union Center Road, St. Remy, NY
Conditional Use Permit - Accessory Apt.
Tax SBL #63.010-3-7
The applicant was not present for this portion of the meeting. Miles Putman of Shuster Associates gave his project review for this case. A copy of the same is on file. It was noted that the Planning Board was in receipt of the Ulster County Planning Board’s referral response of ‘No County Impact’ regarding this application.
ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD APPROVE THE HUBENER APPLICATION, CASE 2000-3, FOR A CONDITIONAL USE PERMIT TO ESTABLISH AN ACCESSORY APARTMENT WITHIN AN EXISTING RESIDENCE. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.
Note: Ms. Hubener arrived later in the meeting and was told that her application had been approved. A copy of
Shuster Associates project review dated 3/16/01 regarding the Hubener application, a copy of the Ulster
County Planning Board’s referral response, and a copy of the Hubener decisional form was sent to Ms.
Hubener by mail.
ABRAMS (CONNELLY VILLAGE) - (1999-019) - Off James St., Connelly, NY
Conditional Use Permit w/Site Plan Amendment
Tax SBL #56.015-1-1.2
Mr. Abrams and his engineer were present at this meeting. Miles Putman of Shuster Associates gave his project review for this case. A copy of the same is on file and a copy was given to Mr. Abrams. It was noted that no response was received from Nancy Clark of Chazen Engineering regarding the Board’s last letter to her on this case. Time limits for conditional use permits were discussed, and it was noted that a time limit on conditional use permits does appear in the Town’s code under Section 123-14C.(3). A draft Resolution of Conditional Use Permit Approval dated March 14, 2001, was prepared for this application by Shuster Associates and reviewed by the Board members. Roxanne Pecora suggested that an item 4. be added to the resolution as follows:
4. Expiration and renewal of conditional use permit as per Section 123-14C.(3) applies.
Fred Zimmer felt that Item 3. was somewhat confusing and requested that wording be revised pertaining to the way the word ‘Section” was used throughout the item. It was agreed that Item 3. would be amended as follows:
3. No building permit shall be issued for any of the 29 court sites in Section 4 until all required
improvements as set forth in 1. above have been completed and inspected, as set forth in 2.
above, to the satisfaction of the Town and its designated representatives.
ROXANNE PECORA MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD RENDER A DETERMINATION OF NON-SIGNIFICANCE (NEGATIVE DECLARATION) PURSUANT TO SEQR AS SET FORTH IN THE DRAFT SEQR DOCUMENTS THAT WERE DISTRIBUTED IN JANUARY AND GRANT APPROVAL OF THE CONDITIONAL USE PERMIT, AS SET FORTH IN THE RESOLUTION (Attached hereto) DATED MARCH 14, 2001, AND AS AMENDED ON MARCH 22, 2001. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WITH THE EXCEPTION OF KATHY WEITZE WHO VOTED NO. MOTION CARRIED BY A 6-1 VOTE. CONDITIONAL USE PERMIT GRANTED.
RUTALANTE - (2001-004) - 1-11/2-12 Soper Road @ Old Post Road, West Esopus, NY
2 Lot Subdivision
Tax SBL #71.002-1-11
The applicants and their surveyor, Chris Brewer, were present at this meeting. Miles Putman of Shuster Associates gave his project review for this case. A copy of the same is on file and a copy was given to the applicants’ surveyor. Maps were reviewed. Mrs. Rutulante indicated that a deed for the Soper Road street parcel conveyance was prepared by their attorney and a copy was sent to their surveyor. Mrs. Rutulante did submit a copy for the Board’s file. While the revised plat submitted this month approaches what the Planning Board requested last month, it was agreed that a public hearing on this application could not be scheduled until the Board received a plat that shows the two (2) approved driveway locations on Soper Road, the bounds of the street parcel for Soper Road that matches the property deed for the same, as well as the conceptual house, well and septic sites. It was also noted that Part 1 of the Short EAF for this application was not completed. Mrs. Rutulante did complete the same at this evening’s meeting.
FORD - (2001-005) - 120 Esopus Ave., 318-320 Union Center Rd., Ulster Park, NY
2 Lot Subdivision
Tax SBL #63.004-6-35
Mr. Ford was present at this meeting. Miles Putman of Shuster Associates gave his project review for this case. A copy of the same is on file and a copy was given to the applicant. Maps were reviewed. Russ Shultis asked what the area depicted by the hash lines on Lot 1 of the map represented. Mr. Ford indicated that was a pool. Russ wondered if there was a problem with this as far as the location of the lot line for Lot 2. Miles Putman of Shuster Associates noted that a pool is considered an accessory structure which is permitted within a side yard setback. Mr. Ford asked what the purpose was for him conveying the parcel of land to the Town. Miles Putman explained that the Town was looking gradually to upgrade its legal interest in the Town highway system, ultimately to try to get deeded street parcels.
ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT A PUBLIC HEARING BE SCHEDULED FOR THURSDAY, APRIL 26, 2001 AT 7:00 PM FOR THIS APPLICATION. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.
STACCIO - (2001-007) - Off Hussey Hill Road, Union Center, NY
2 Lot Subdivision and Lot Line Revision w/Kohn
Tax SBL #63.004-1-6
Surveyor Mike Vetere 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. Vetere. Miles Putman noted that a key issue that needed to be resolved was the creation of a new lot with access via a right-of-way, which was possible if an area variance was granted from the Zoning Board of Appeals. Maps were reviewed. Mike Vetere noted that an engineer was in the process of preparing a report on the wetland disturbance and design of the access in a manner that avoids drainage impacts. It was noted that the 50’ access strip splits the Kohn property in two (2), but the planning Board agreed that the Kohn’s property would not be considered split as two (2) building lots until the Kohn’s came back for a subdivision approval from the Planning Board for that expressed purpose. A note regarding this issue has been placed on the map. Kohn will be signing the survey maps prior to the Planning Board’s signing of any approved maps. Fred Zimmer indicated that he was not happy with the way the 50’ strip came into Hussey Hill Road. Mr. Vetere felt that because the of radius of the road and the cul-de-sac that exists, you would not be coming off a right angle. The Planning Board advised Mr. Vetere to submit an application for a variance to the Town’s Zoning Board of Appeals and then, if approved, come back before the Planning Board.
BREWER (GORDON) - (2000-029) - Martin Sweedish Road, West Esopus, NY
7 Lot Subdivision
Tax SBL #71.003-3-33
The Gordon’s and their surveyor, Chris Brewer, were present at this meeting. Miles Putman of Shuster Associates gave his project review for this case. A copy of the same is on file and a copy was given to Mr. Brewer. It was noted that the Planning Board was in receipt of a letter dated March 21, 2001 from the Highway Superintendent regarding driveway entrances. A revised map was submitted this evening by the surveyor which appeared to depict all proposed driveway locations as per the approval of the Town Highway Superintendent, a location map inset, correction of the names of landowners on the north, which should be Cusumano, Ardito & Van der Horst, and the date of the most recent revision of the plat. This revised map will be reviewed closer by the Board’s consultant in time for next month’s meeting. The extra strip of land, 40’ deep, that appears to be designated in the front of Lot 7 was questioned. The surveyor will look into this matter.
LINDA SMYTHE MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING ON THIS APPLICATION FOR THURSDAY, APRIL 26, 2001, AT 7:15 PM. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.
HEAVENLY VALLEY - (1988-025) - St. Joseph’s Blvd., Four Sisters Land & Scott St., Port Ewen, NY
Phase 2 of Subdivision
Tax SBL #56.075-3-1
Mr. Joe Grogan and
Contractor Tom Daniele 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. Grogan.
It was noted that Mr. Grogan and Mr. Daniele recently met with Mr.
Sinagra of the Kingston School District, Supervisor Ray Rice, and Water &
Sewer Superintendent Don Kiernan regarding the deeding of the easement of the
sewer main connection through the School District property (Robert Graves
School). Mr. Grogan and the contractor
are in the process of getting an appraisal done for this easement and had a
detailed survey of the easement prepared that shows metes and bounds. Don Kiernan reviewed this survey and noted
that it was unacceptable as it was not signed by a licensed surveyor. It was also noted that the applicant would
have to clear the sewer right-of-way, and clean the pipes and do videos of them. Next, the construction of the second access
road designated as “Scott Street” was discussed. Mr. Grogan noted that they could not proceed with meeting this condition until the Town takes title to this property. Chairperson Coffey will speak with the Supervisor and the Planning Board’s attorney, Robert Grieco, regarding this matter. Mr. Grogan also noted that they met with Central Hudson who told him that they would not do a street light drawing until the Town Board give them their approval to do it. Chairperson Coffey will speak with Supervisor Rice on this matter also.
NOTE: The balance in the Heavenly Valley escrow account as of November 2000 is $71.07. A request of an
additional $10,000.00 deposit was made prior to December of 1992, at which time this request was reduced
to $5,000.00, but never deposited.
FREEMAN - (2001-008) - 185 Broadway; 126 E. Main St. & Kline Lane, Port Ewen, NY
2 Lot Subdivision
Tax SBL #56.060-3-28
The applicant was present at this meeting. Miles Putman of Shuster Associates gave his project review for this case. A copy of the same is on file and a copy was given to Mr. Freeman. Chairperson Coffey asked Mr. Freeman what he planned on doing with the proposed lot. Mr. Freeman stated that he had no firm plans for it at this time. The Planning Board then advised the applicant that he would have to get approval of a driveway access location from the Town Highway Superintendent and submit a subdivision plat with metes and bounds to the Planning Board that depicts the conceptual house location, the approved access location onto East Main St., and the probable location of future connections into Town sewer and water mains. Chairperson Coffey asked Mr. Freeman if there was some kind of boundary line dispute or a dispute over the ownership of the Library’s driveway. Mr. Freeman reserved comment on this matter until a later date. Russ Shultis stated that this statement led him to believe that there could be a conflict in the boundary line, and if that was the case, he did not feel the Board could act on this application until this matter was resolved. Fred Zimmer noted that Mr. Freeman would have to submit a plat with a licensed surveyor’ stamp on it, which at the time of submittal the Board would have to look at and if need be, establish an escrow fund and have another survey done to verify it.
WOINOSKI - (2001-009) - 225 & 229 Broadway, Port Ewen, NY
Lot Line Adjustment
Tax SBL #56.068-1-42 & 41
Bruce Woinoski was present at this meeting. Miles Putman of Shuster Associates gave his project review for this case. A copy of the same is on file and a copy was given to Mr. Woinoski. The Planning Board advised Mr. Woinoski to have a survey map prepared that shows all relevant details regarding the existing and proposed lot areas, widths and structural setbacks and submit copies of the same to the Planning Board as well as the Zoning Board of Appeals. Mr. Woinoski indicated that he had already hired Surveyor Mike Vetere to prepare the survey map. The Planning Board informed Bruce Woinoski that a reduction in a nonconforming lot width was not possible without a grant of an area variance from the Zoning Board of Appeals. In addition, they noted that another concern with the alteration of lot lines on developed sites was the ability to provide the proper side yard setbacks. A minimum 15’ side setback is needed from any residential building. Mr. Woinoski will apply to the Zoning Board of Appeals for the required area variances and come back before the Planning Board simultaneously with a prepared survey. It was noted that the lot line adjustment application was signed by Wilson Tinney, the other involved property owner.
Presubmission Conf. - Barger
Mr. Barger and his son-in-law were present at this meeting. They explained that they would like to do a two (2) lot subdivision of Mr. Barger’s property on Floyd Ackert Road. Maps were reviewed. Mr. Barger wondered if they could do a right-of-way to the proposed lot which did not have road frontage or would they have to create a flag lot. The Planning Board advised Mr. Barger to create a flag lot, but told him to keep in mind that an area variance request may be necessary if the pole portion of the flag lot is more than 300’ in length.
A Planning Board Workshop meeting with Shuster Associates has been scheduled for Thursday, April 12, 2001 at 7 pm. Chairperson Coffey asked the Planning Board members to come to this meeting prepared with all the little annoyances that the Board finds on a month-to-month basis in the Town’s zoning that makes its’ job difficult.
Road Conveyance Issue
Fred Zimmer asked what was found out from the State about the 25’ road conveyance matter and situations like those that arise similar to the Feinberg/Rousner Farms/Goldenberg application. Russ Shultis noted that he sent a letter to Dave Tracey of the Dept. of State, and he was waiting to hear back from him.
A list of monthly correspondence received by the Planning Board was given to each Board member.
WITH NO OTHER BUSINESS PENDING, ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, TO CLOSE THE MEETING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION. MEETING ADJOURNED.
Kristy L. Nelson