TOWN
OF ESOPUS
PLANNING
BOARD MEETING MINUTES
March
22, 2001
BOARD MEMBERS PRESENT: Marilyn
Coffey, Chairperson
John
McMichael
Roxanne
Pecora
Russ
Shultis
Linda
Smythe
Kathy
Weitze
Fred
Zimmer
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.
Minutes
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.
Vouchers
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.
OLD
BUSINESS
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.
NEW
BUSINESS
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.
MISCELLANEOUS
BUSINESS
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.
Workshop Meeting
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.
ZBA Referrals
None.
Correspondence
A list of monthly
correspondence received by the Planning Board was given to each Board
member.
Adjournment
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.
Respectfully
submitted,
Kristy
L. Nelson
Secretary