TOWN OF ESOPUS
PLANNING BOARD MEETING MINUTES
March 28, 2002

BOARD MEMBERS PRESENT: Marilyn Coffey
    John McMichael
    Roxanne Pecora
    Russ Shultis, Chairperson
    Linda Smythe
    Kathy Weitze
    Fred Zimmer
 
 At 7:00 pm, Chairperson 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.

Minutes

Chairperson Shultis noted for informational purposes only that it was the Planning Board’s attorney’s feeling that Miles Putman’s statement on the Schroeter application regarding the granting of a variance (page 8 of the February 28, 2002 minutes) was not true, and the ZBA does have the ability to grant a variance.

MARILYN COFFEY MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE PLANNING BOARD APPROVE THE MINUTES FROM THE FEBRUARY 28, 2002 PLANNING BOARD MEETING AS PREPARED AS WELL AS THE MINUTES FROM THE FEBRUARY 26, 2002 WORKSHOP MEETING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.

Vouchers
A MOTION WAS MADE BY ROXANNE PECORA AND SECONDED BY LINDA SMYTHE 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......................(2/23/02 - 3/22/02)...........................................      28.5 Hrs.
 Peter Case Graham, Esq. ..................................................................................     $767.00
 Daily Freeman.........................(Crane)..............................................................     $  11.64

PUBLIC HEARINGS

 CRANE - (2002-001) - Hardenburgh Road, Union Center, NY
               4 Lot Subdivision
               Tax SBL #63.3-6-5

MARILYN COFFEY MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT THE PLANNING BOARD OPEN THE PUBLIC HEARING FOR THE JULIA CRANE APPLICATION, CASE #2002-01.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.  At this time, Chairperson Shultis read Shuster Associates’ project review for the March 28, 2002 meeting regarding this application.  Ms. Crane was present at this meeting.  Chairperson Shultis called for any public comments.

Ruth Bott of 10 Hardenburgh Road was concerned about the runoff from this property and the driveways that are going in.

Chairperson Shultis noted that driveway access was something that the Town Highway Superintendent had authority over.  It was the Planning Board’s understanding that Art Cross, the Town’s Highway Superintendent had okayed the driveway cuts related to this application.  Russ Shultis added that concerning the issue of
runoff, as a result of a conversation he had with Art Cross, it was his understanding that this proposal cannot compound any problems that may exist already.  It was noted that any conditions set by the Highway Superintendent concerning the driveways to prevent any further compounding of the drainage problem would be the responsibility of the applicant.

Burt Heldron expanded on the runoff problem.  He also wondered if the proposed house sites and leech fields as shown on the plat were set in stone or could they be changed and would the septic systems be above ground or in ground.

Chairperson Shultis reply was that the septic systems and the wells were the responsibility of the Ulster County Health Dept. and the proposed house location could be moved.  Kathy Weitze asked if the proposed septic areas had been percolated.  Ms. Crane indicated that only Lot 1 was tested.

Bruce Ward of 13 Hardenburgh Road also had a concern about runoff and wondered if the aquifer in that area had been tested to see if it could support four (4) more wells.

Chairperson Shultis stated that regarding the wells, given the fact that the lots are twice the minimum requirements and the town does not guarantee water quantity or quality, per the Planning Board’s attorney, this would not be an issue as long as the applicant meets all the other applicable codes as far as the Health Dept. was concerned.

At this time, Chairperson Shultis read into the record the following letters received regarding this application:

· Letter dated March 18, 2002, to the Planning Board from Geraldine Light who had concerns regarding the well water supply and runoff.  (A copy of the same is on file.)

· Letter dated March 22, 2002, to the Planning Board from Timothy Feeney who had concerns regarding drainage, septic installation, line of sight, and applicant use of property.  (A copy of the same is on file.)

· Letter dated March 22, 2002, to Planning Board from Timothy Feeney appointing Mr. Barry Motzkin to act on his behalf at the Planning Board meeting of March 28, 2002.  (A copy of the same is on file.)

In addition to these letters, Russ Shultis noted that the Planning Board members were given a copy of a letter on file dated March 15, 2000, to Mr. Ray Rice, Town of Esopus Supervisor, from Denise Prendergast that pertains to this property.  A copy of the same is on file.

Chairperson Russ Shultis commented that because of the concerns that have been brought to light and a field inspection of the lot, he would like to work something out with the applicant to see a 20’ buffer along the current residences as well as a perimeter drain.  He also suggested possibly moving over the proposed driveway  to Lot #4.

Joe Sills of 17 Hardenburgh Road had a drainage concern.

Jean Sills of 17 Hardenburgh Road stated that she had no objection to anybody subdividing and building in good faith, but she had a drainage concern, especially since the Town does not clear out the pipe that is there now.

Marilyn Coffey felt that the Planning Board should request that the applicant have a professional drainage study done.  Fred Zimmer felt the impact a drainage study would show would be insignificant since the water was already there.  Kathy Weitze felt that the Planning Board should talk with Art Cross about this situation and then if he felt there was a severe problem, the next step would be to go to a professional engineer.

Denise Prendergast of 31 Hardenburg Road also expressed a concern with drainage.

WITH NO OTHER COMMENTS TO BE MADE, MARILYN COFFEY MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE CRANE PUBLIC HEARING BE CLOSED.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.

OLD BUSINESS

 CRANE - (2002-001) - Hardenburgh Road, Union Center, NY
               4 Lot Subdivision
               Tax SBL #63.3-6-5

Ms. Crane was present at this meeting.  Fred Zimmer noted that when a well is down hill it has to be 200’ from a septic system which didn’t appear to be the case for Lot #3.  Marilyn Coffey reiterated that she would like to require the applicant have a drainage study done which the Board could then submit to its engineer.  Roxanne Pecora agreed and felt Art Cross should also be contacted.  It was suggested that an escrow account be established and Nancy Clark contacted for an estimate regarding the same.  The applicant was also made aware of the Town’s  recreation fee requirement.

ROXANNE PECORA MADE A MOTION, SECONDED BY MARILYN COFFEY, THAT THE PLANNING BOARD SEND THIS APPLICATION TO THE TOWN HIGHWAY SUPERINTENDENT FOR REVIEW AND ANALYSIS OF THE DRAINAGE SITUATION, THAT THE APPLICANT BE REQUIRED TO HIRE AN ENGINEER TO DO A DRAINAGE STUDY AND PROVIDE IT TO THE PLANNING BOARD; AND ONCE THE DRAINAGE STUDY IS RECEIVED, THE PLANNING BOARD THEN SEND THE DRAINAGE STUDY TO ITS ENGINEER, NANCY CLARK OF CHAZEN ENGINEERING FOR REVIEW AND ANALYSIS, AND AN ESCROW ACCOUNT BE SET UP BY THE APPLICANT BASED ON NANCY CLARK’S RECOMMENDATION.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.
PITTNER - (2001-18) - 337 River Road @ 1-29 Hudson Lane, Ulster Park, NY
              4 Lot Subdivision
              Tax SBL #64.003-4-1

Mr. Dippel represented the applicant at this meeting.  Chairperson Shultis explained that this application was for a 4 lot subdivision that was previously approved by the Planning Board last fall, and the applicant was not able to file the final plat with the County Clerk within the sixty (60) day time period so the approval expired.  It was suggested that the same procedure be used for this application as was done previously for the Braunstein application.  ROXANNE PECORA MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE PLANNING BOARD USE AN EXPEDITED PROCEDURE TO REAPPROVE THIS 4 LOT SUBDIVISION BY WAIVING THE PUBLIC HEARING, RE-AFFIRMING THE NEGATIVE DECLARATION PURSUANT TO SEQR, AND GRANTING FINAL PLAT APPROVAL.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.  Maps were signed.
 

BOUGHTON - (2002-003) - 88 Lower Broadway/Old 9W/Route 984-D, Port Ewen, NY
                   Site Plan
                   Tax SBL #56.051-3-4

Mr. & Mrs. Boughton were present at this meeting, as well as their draftsman Mr. Charlie Wesley.  At this time, Chairperson Shultis read Shuster Associates’ project review for the March 28, 2002 meeting pertaining to this application.  LINDA SMYTHE MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD WAIVE HOLDING A PUBLIC HEARING ON THIS APPLICATION.  ALL MEMBERS PRESENT, WITH THE EXCEPTION OF RUSS SHULTIS WHO VOTED NO, WERE IN FAVOR OF THE MOTION.  MOTION CARRIED BY A 6-1 VOTE.  LINDA SMYTHE MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD APPROVE THE SITE PLAN FOR THE RESTAURANT ADDITION.  ALL MEMBERS PRESENT, WITH THE EXCEPTION OF RUSS SHULTIS WHO VOTED NO, WERE IN FAVOR OF THE MOTION.  MOTION CARRIED BY A 6-1 VOTE.  Mr. Wesley will submit revised plan drawings for signing that show the outdoor serving areas, and the solid waste enclosure.

POESCHL & SCHAEFFER - (2002-004) - 386 Broadway, Port Ewen, NY
                             Site Plan
                            Tax SBL #56.083-4-22

Mr. Schaeffer and his draftsman, Mr. Charlie Wesley, were present at this meeting.  At this time, Chairperson Shultis read Shuster Associates’ project review for the March 28, 2002 meeting pertaining to this application.  Russ Shultis asked Mr. Schaeffer if he contacted the State DOT as discussed at last month’s meeting.  Mr. Schaeffer stated that he contacted Joe Visconti and noted that the revised plans were drawn up to his standards.  Russ questioned the issue of a designated turn around area.  Mr. Schaeffer stated that Mr. Visconti did not require a designated turn around area shown on the site plan as long as there were parking spaces with clearance to turn back and forth.  The applicant was requested to submit material from the State DOT stating the same.  Linda Smythe had a concern about the parking spaces in the back.  John McMichael asked about having a handicapped parking space.  Mr.  Wesley stated that according to the Town’s regulations they need 7.3 parking spaces which they rounded up  to 8, and there would be no way to squeeze in a handicapped space in addition to these 8 spaces.    One parking spot would have to be sacrificed in order to pick up a handicapped spot.  Kathy Weitze did not feel this would be a problem.  The Board will get Miles Putman’s opinion on this matter.  KATHY WEITZE MADE A MOTION, SECONDED BY MARILYN COFFEY, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING FOR THIS APPLICATION FOR THURSDAY, APRIL 25, 2002, AT 7:10 PM AND THAT THE APPLICATION BE REFERRED TO THE ULSTER COUNTY PLANNING BOARD FOR THEIR REVIEW.  ALL MEMBERS PRESENT, WITH THE EXCEPTION OF RUSS SHULTIS WHO VOTED NO, WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-1 VOTE.

COSTELLO - (2001-03) - 427 Broadway, Catherine Street, Port Ewen, NY
                   Lot Line Revision  (7 lots into 2)
                                           Tax SBL #52.020-3-5, 6, 8, 28.1, 28.2, 30 & 39

Mr. Steve DeSalvo represented the applicant at this meeting.  Chairperson Shultis read Shuster Associates’ project review for the March 28, 2002 meeting pertaining to this application.  The applicant’s representative was informed that a new surveyed plat would be required that clearly shows and labels existing lot lines to be deleted, those to remain, and new lot lines, along with any easements for the use of Catherine Street.  Fred Zimmer suggested possibly having a separate road parcel for Catherine Street.  Steve DeSalvo noted that deeds to the back pieces of land state that there is an easement/right-of-way.  Russ Shultis suggested this be shown.  Fred Zimmer felt that the deeds may very well state that there is a right-of-way, but it may not say where it is.  Fred wanted to have this formalized to show where the road is.

ESOPUS FIRE DISTRICT - (2001-021) - 1142 Broadway; 1-9 Old Post Road, Esopus, NY
                           Site Plan
                          Tax SBL #72.009-2-24.22

Mr. Joe Pisani and Dennis Suraci represented the applicant at this meeting.  Chairperson Shultis read Shuster Associates’ project review for the March 28, 2002 meeting pertaining to this application.  Russ Shultis stated that he had contacted the County Highway Dept. to see if they would like to have the final say concerning the drainage as it relates to Old Post Road and was awaiting a reply.  He added that if the County did not want to take on this responsibility, then the drainage report would be referred to the Planning Board’s engineer for review and an escrow account would have to be established to cover the cost of said review.  Mr. Pisani stated that as a municipal agency, the applicant may be exempt from establishing an escrow account.  This matter will be looked into.  Dennis Suraci, the applicant’s surveyor, noted that he met with Mike Catona from the County who did not have any problem with the plan submitted.  The matter of the parking area being moved to comply with the minimum 10’ setback requirement of 123-24.A.2.h(2) will also be looked into.    Dennis Suraci questioned the problem regarding the lighting.  The Board informed Mr. Suraci that when this plan is forwarded to the County Planning Board, they would be looking for glare-shielding relating to the lighting.  Dennis Suraci will address this matter.  Signage was discussed.  Dennis Suraci informed the Board that they have received approval from the Health Dept. for the septic system.  Chairperson Shultis suggested that a copy of that approval be submitted to the Board.  Erosion control and drainage were also discussed.  The applicant will obtain the necessary documentation from the NYS DOT regarding this submission.  Timeframes were discussed.

NEW BUSINESS

ROARABAUGH - (2002-05) - 165 West Stout Ave. @ Bayard St. @ 162 Doris St., Port Ewen, NY
                           Lot Line Adjustment
                                                    Tax SBL #56.067-3-13, 14 & 15

Michelle of Win Morris Realty represented the applicant at this meeting.  Russ Shultis gave a brief rundown of this application and read Shuster Associates project review for the March 28, 2002 meeting regarding the same.    The proposal will reduce the area of an already undersized lot, and cannot be approved unless an area variance is granted for such a reduction.  RUSS SHULTIS MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE ROARABAUGH APPLICATION BE REFERRED TO THE ZONING BOARD OF APPEALS.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.

At this time in the meeting, Kathy Weitze left.

VICTORIAN ASSOC. INC. - (2002-06 & 2000-30) - Connelly Road; The Hills, Port Ewen, NY
                                                                                        Site Plan - Phase D
                                                                                        Tax SBL #56.051-8-1 & 56.051-1-35 & other lots

Chairperson Shultis read Shuster Associates’ project review for the March 28, 2002 meeting pertaining to this application.  Maps were reviewed.

Regarding Sections A & B, John McMichael referred back to a comment in the October 25 minutes that said the notation wording on the Victorian Associates plat should be changed to read ‘streets, buildings and improvements shown on Sections C & D on this map are for reference only and do not imply approved building sites or approved building lots for sale’.  John did not see this exact notation on the map and requested it be added.
Russ Shultis suggested filing new deeds for every unit which references any amended signed map.  This was not a route that the applicant wanted to take.  Russ Shultis suggested to the Board that he contact their attorney, Peter Graham, regarding the deed reference block and ask him if by right the Board could have the applicant set up money in an escrow account to cover this review.  Then, the two attorneys (the Planning Board’s attorney and Victorian Associates’ attorney) could hash this matter out, and the Board could go with their conclusion.  The matter of the above mentioned notation will also be discussed between the attorneys.  Roxanne Pecora reminded that Board that at their Dec. 28, 2000 meeting a motion was made and carried that an escrow account be established and once the Board had a new set of maps in place, they be referred to Chazen Engineering for review.  Roxanne wondered if this was still required and if not, would this motion have to be rescinded.  ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD RESCIND ITS REFERRAL THAT WAS NOTED IN THE DECEMBER 28, 2000, MINUTES TO SEND THIS APPLICATION TO CHAZEN ENGINEERING FOR REVIEW, BUT STILL REQUIRE THAT AN ESCROW ACCOUNT BE SET UP SINCE A REVIEW WILL BE REQUIRED BY THE PLANNING BOARD’S ATTORNEY.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.  John McMichael brought up the matter of a letter from the Rondout Harbor Homeowners’ Assoc. pertaining to the sewer lines, etc.  It was felt that this issue would be dealt with during the next approval process regarding Sections C & D.

Regarding Section D, for which a new application for site plan approval was submitted, Shuster’s project review which was read earlier, indicated that the drawings submitted provide a starting point for sketch discussion of the development of Phase D.  However, more detailed drawings showing grades, cut and fill, drainage and erosion control, landscaping, lighting, and utilities would need to be provided.  At this point in the meeting, the applicant’s representative explained that the application for Section D was for one (1) less unit than was shown originally which allowed them to move the proposed buildings in Section D away from the ones in Section A.  The rep noted that the road for Section D was in and was constructed by the Town of Esopus, but was not blacktopped.  In addition, the sanitary sewer and water lines were in.  Russ Shultis explained that this road was for emergency use only at this point, and Art Cross would not sign off on this road for public use unless the entrance was moved.  The applicant indicated that this road would not be used for access.  It would be a dead end used by the homeowners and would be chained off at the entrance onto Connelly Road which would be for emergency use only.  Russ Shultis had a concern with the road matter.  Traffic as well as ingress and egress was discussed.

MISCELLANEOUS BUSINESS

Presubmission Conf. - Pons:  No representation.

Presubmission Conf. - Scaturro:  No representation.

Presubmission Conf. - Spruill:  No representation.

ZBA Referrals

One (1) ZBA referral (Schroeter) was received by the Planning Board.  The Planning Board agreed to forward a ‘No Comment’ response to the ZBA on this referral.

Correspondence

A list of monthly correspondence received by the Planning Board was mailed to each Board member.

Workshop Meeting

Another workshop meeting will be scheduled once the Ulster County Planning Board has reviewed the final draft of the proposed subdivision regulations.

Adjournment

WITH NO OTHER BUSINESS PENDING, MARILYN COFFEY MADE A MOTION, SECONDED BY FRED ZIMMER, TO CLOSE THE MEETING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION.  MEETING ADJOURNED.

        Respectfully submitted,

        Kristy L. Nelson
        Secretary