BOARD MEMBERS PRESENT: Roxanne Pecora
Russ Shultis, Chairman
EXCUSED: John McMichael
At 7:02 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.
Board Member Roxanne Pecora requested that the following change be made to the Feb. 24, 2005 Planning Board meeting minutes:
· Page 2, under Dyno-Nobel, second paragraph, her statement should say that ‘Roxanne Pecora stated that she checked with Supervisor Rice, and he told her that he never received an emergency plan for Dyno Nobel’s site; he has only received license copy information for magazines.’
Roxanne then requested the following change be made to the Feb. 16, 2005 Planning Board Workshop Meeting Minutes:
· Page 1, under Ulster County Health Dept., the third sentences should read, ‘Mr. Meyers.............the Ulster County Health Dept. would...............’
NEXT, ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD APPROVE THE FEBRUARY 16, 2005 PLANNING BOARD WORKSHOP MEETING MINUTES AND THE FEBRUARY 24, 2005 PLANNING BOARD MEETING MINUTES AS AMENDED; AS WELL AS APPROVE THE MARCH 9, 2005 PLANNING BOARD WORKSHOP MEETING MINUTES AS PREPARED. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
A MOTION WAS MADE BY ROXANNE PECORA AND SECONDED BY CHUCK SNYDER TO ACCEPT ALL VOUCHERS SUBMITTED AND READ. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH PASSED BY A 5-0 VOTE.
The only voucher submitted and read was as follows:
Kristy L. Nelson.................(02/19/05 - 03/18/05)..............................................
PUBLIC HEARING & OLD BUSINESS
VAN VELSON - (2004-29) - 113 Esopus Avenue & 314 Union Center Road,
Ulster Park, NY
Minor 4 Lot Subdivision (from 2 Lots)
SBL #63.004-7-36.1 & 38
This proposal is for 4 lots. The layout will create a lot for each of the three existing single family dwellings and a vacant parcel. The site currently consists of two tax map lots totaling 10.70+ acres. Applicant Susan Van Velson and her surveyor Mike Vetere were present at this meeting. LINDA SMYTHE MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD OPEN THE PUBLIC HEARING OF GARY AND SUSAN VAN VELSON, CASE #2004-29. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE. It was noted that a letter from the County of Ulster Dept. of Highways and Bridges dated 2/28/05 was received by the Planning Board regarding this case as well as a letter dated 3/7/05 from Surveyor Michael Vetere requesting a waiver to Section 123-21-D5 of the Town’s Code for this proposal. Public comment was called for. John Villielm of 1389 Old Post Road stated that he was representing his brother, Michael Villielm, who was an adjoining neighbor to this proposal, but could not be present this evening. Mr. Villielm asked if the applicant had applied for the permit as requested by the County of Ulster Dept. of Highways and Bridges and if there were any stipulating conditions to the same. Mike Vetere stated that he felt this was somewhat of a catch 22. He explained that the Town would not give them approval unless they have some kind of transmittal from the County saying yes this is feasible, and the County, at this point has said that; now they will proceed with bringing that road up to specs of the County. John Villielm asked what was going to become of the existing driveway, how far would it be widened back into the properties, etc.? Mr. Vetere felt that what the County was interested in was just where the driveway accesses onto the County right-of-way. He added that as far as the road going back in, it may be improved, but he did not think it would be part of the County stipulation. Mr. Villielm noted that the driveway does cross a stream and there are federal designated wetlands. Chairman Shultis stated that his interpretation of the letter from the County of Ulster Dept. of Highways and Bridges was that because of the situation of Union Center Rd., sight distance, the County wants the driveway where it intersects Union Center to be 20’ wide and that 20’ is to extend back a minimum of 50’. Russ assumed the work permit would lay out any conditions. John Villielm wondered if the applicant would get an approval now without the County permit. Russ Shultis noted that the Planning Board has the option of granting conditional approvals which means any approval is subject to conditions and one of those conditions could be the Planning Board will not sign the map until it gets a copy of the highway work permit. John Villelm stated that rather than just widening the road for 50’, it would make more sense to have it widened, at least, to the point where all the driveways disperse off of it so there is no gridlock moving around a blind corner. Chairman Shultis noted that this proposal calls for putting in one more house serviced by the existing right-of-way. Mr. Villelm stated that was correct for now, but he didn’t know what would go on in the future. It was noted that if any further subdivision was proposed in the future, they would have to come back before the Planning Board. At this time, Applicant Susan Van Velson spoke making the Board aware that the particular house Mr. Villielm was talking about, that has access via the right-of-way, has not been used as a one family residence since his brother occupied it. Mrs. Van Velson thought this might be part of the problem of why the driveway was in crazy disarray. She added that she did not think one more house way in the back would be more of an issue. Ron Rizzo of Union Center Road asked what the fence was as labeled on the map. It was noted that it is a temporary silt fence that was required for erosion control during construction. John Villielm stated that currently the driveway off of Union Center Road services 3 houses of which only two are permanently occupied at this time. He added that the driveway is potholed and in poor repair now and his brother was worried about construction traffic with building a new house in the back and he wondered who would be maintaining the driveway during construction and the rest of the duration. It was felt this was a valid question. Susan Van Velson stated that they plan to build the house in the back for her brother or brother-in-law and to simply have access to it after it is all said and done, they will be the ones who will have to foot the cost for the maintenance of the same. She noted to date it hasn’t been a very amicable solution giving access to everyone. Chairman Shultis asked what the current agreement was for the maintenance of the driveway. Mrs. Van Velson stated that there was none. Discussion was had regarding the driveway, it’s maintenance, and a private road designation as requested by the County. Russ Shultis suggest the Planning Board make some kind of condition that, after major construction traffic, the road must be upgraded to, at least, the condition it was prior to construction. Next, Ron Rizzo questioned the site of the proposed septic in relation to his property line and the wetlands. It was noted that the proposed septic was just that ‘proposed’ and during the building process the County Health Dept. will be required to determine where the actual site will be. Achilles Stefanis of Union Center Road had a concern about the speed limit of Union Center Road. He added that all of the developing building and increased traffic is creating a hazardous condition for the residents living on Union Center Road and the quality of life is being destroyed. Barbara Patrick believed, regarding the speed limit, that no matter what the speed limit is, one has to do what is prudent. AT THIS TIME IN THE MEETING, LINDA SMYTHE MADE A MOTION, SECONDED BY FRED ZIMMER, TO CLOSE THE VAN VELSON PUBLIC HEARING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION. MOTION CARRIED BY A 5-0 VOTE.
Discussion was had among the Planning Board members regarding the right-of-way off of Union Center Road and its maintenance. The Board then reviewed Subdivision Code 107-12 regarding the definition of a private street. It was agreed that the Planning Board should have its attorney, Peter Graham, look into what statutes are in place for the County to require this to be a private street. RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT PURSUANT TO CHAPTER 71 OF THE TOWN OF ESOPUS CODE, THE PLANNING BOARD HAVE THE APPLICANT SET UP AN ESCROW ACCOUNT IN THE SUM OF $350 TO BE USED FOR ATTORNEY’S FEE. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE. Next, it was noted that proposed Lot 1 does not meet the lot width requirement of 100 feet, when measure at the 150’ lot depth line. Suggested remedies for this non-conformance issue were that the applicant request a waiver to this requirement or move the proposed division line with Lot 4 several feet to the south to create the conforming width. It was agreed that a waiver request would be submitted in writing. This application will be placed back on next month’s Planning Board agenda.
STEFANIS - (2003-26) - 451 Broadway, Port Ewen, NY
Site Plan - Used Vehicle Sales
Applicant Achilles Stefanis was present at this meeting. The applicant
proposes redeveloping the upper, westerly portions of the site into a used
car display and sales lot, with channelized access and delineated parking.
The existing shed building will be retained and placed on a new location
and occupied as a sales office. Maps were reviewed. Chairman
Shultis asked Mr. Stefanis if it the proposed relocation site of the shed
was feasible for snow removal. Achilles reply was sure. Russ
then asked how snow removal would be accomplished with the boulders as
they are proposed. Mr. Stefanis stated the snow could be pushed to
the area past the last parking space on the north side of the property.
Chairman Shultis suggested eliminating some of the boulders to make room
to push snow. Achilles Stefanis agreed. Mr. Stefanis then noted
that the State DOT has seen the plan and told the applicant that anything
his engineer, Brinnier & Larios, does meets the State’s qualifications.
It was suggested that the applicant get something in writing from the State
DOT office in Kingston. Next, lighting was discussed.
It was suggested that Mr. Stefanis submit copies of the fixture details
for the record as well as have the same referenced on the site plan map.
Shorter light poles were also suggested. The applicant will consult
with Ulster Electric regarding the lighting comments made by the Board
as well as what was noted in Shuster Associates application review dated
3/18/05. Landscaping was discussed. It was agreed that deciduous
trees for frontage plantings would not be practical. However, it
was requested that the applicant add a landscaping schedule to his plan
stating the type of shrubs to be used. Fred Zimmer requested that
the display spaces and customer parking be delineated on the map.
Fred also questioned the water and sewer line separation distance.
Achilles Stefanis noted that the Port Ewen Water & Sewer Superintendent,
Don Kiernan, talked to Chris Zell at Brinnier & Larios regarding this
matter as well as himself. He noted that Mr. Kiernan actually estimated
the cost of extending a manhole. The applicant will check further
into this matter. Next, Fred Zimmer requested that the garbage down
the property’s back bank be cleaned up. Achilles Stefanis stated
that he had begun cleaning up a lot of the debri that was thrown there,
and he is in the process of cleaning up the remainder. He noted that
there is also debri behind Clemens and all the other adjoining properties
which he would certainly make sure were put on notice to clean up as well.
Fred Zimmer noted that right now Mr. Stefanis is the one in front of the
Planning Board, not the adjoining property owners. Achilles Stefanis
stated that the problem was that it is very hard to draw a straight line
to split the debri. He added that his neighbors’ debri is spilling
over onto his property. Fred Zimmer did not think there should be
a certificate of occupancy on this proposal until the garbage is cleaned
up. Roxanne Pecora wondered if that came under the Planning Board’s
authority. Fred felt this could be made a condition of approval.
since this was a part of the property’s landscaping. Chairman Shultis
will check into this matter. Fred Zimmer also stated that the curbing
was not quite right as shown on the map, the curb transition. Mr.
Stefanis thought the curb transition was eliminated. It was suggested
that the applicant confirm the same with the DOT and if the transition
is not needed, have the detail taken off the map. Signage was discussed.
Chairman Shultis asked what existed on the lot previously. Achilles
Stefanis stated that it was a used car lot called ‘Cars & Parts Inc.’
and operated by William Liese. It closed in 1992. RUSS SHULTIS
MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD REFER THIS
APPLICATION TO THE ULSTER COUNTY PLANNING BOARD FOR THEIR REVIEW.
ALL MEMBERS PRESENT WERE IN FAVOR THE MOTION WHICH CARRIED BY A 5-0 VOTE.
It was suggested that the applicant not make any changes to his maps until
the Board gets the Ulster County Planning Board’s recommendations.
However, to recap, Mr. Stefanis was advised to contact the DOT and check
into the sewer and water separation. Fred Zimmer asked Russ Shultis
why he asked about the property’s history. Russ referred to zoning
code 123-47A.4. that talks about a prior use by right not needing site
plan approval. Russ Shultis added that now he will do some homework
to find out what took place at the property and how that applies to the
Planning Board in relation to the date that it was closed.
MAGNIFICO - (2005-02) - 227-231 Hardenburgh Road
Minor Re-subdivision of 2 lots into 3 lots
SBL #71.001-3-24.2 & 51
Property owner Mark Gebbie and a representative of the applicant’s consulting surveyor was present at this meeting. The applicant proposes a re-subdivision of a 2.7 acre residential lot and an abutting 1/2 acre vacant lot, to create three conforming building lots, two of which will be vacant. Roxanne Pecora asked about driveway access approval. In reply, the applicant’s surveyor noted that all three issues list under item B.2. of Shuster Associates application review dated March 18, 2004 were being addressed and will be handled before any scheduled public hearing. Chairman Shultis noted that an owner’s consent to file block was also needed on the map. Russ Shultis added that the east side boundary line, along the stone wall, on the map shows the bearing and distance, but there is no direction arrow. He suggested that when the maps are updated this be added. Chairman Shultis then asked about health dept. permits. It was noted that they already have the required health dept. permits. Copies will be supplied for the file. It was also requested that the road reservation/dedication note as shown on the submitted map be clarified. If it is to be a road reservation area, Section 107-25B of the Subdivision Code should be referred to. FRED ZIMMER MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD SCHEDULE THE MAGNIFICO SUBDIVISION FOR A PUBLIC HEARING ON APRIL 28, 2005 AT 7:10 PM SUBJECT TO THE FOLLOWING CONDITIONS BEING MET BY APRIL 14, 2005:
· THE MAP IS TO BE AMENDED TO SHOW AN OWNERS’ CONSENT TO FILE
· THE MAP IS TO BE AMENDED TO SHOW THE DELINEATED DISTURBANCE AREAS FOR EACH LOT,
· THE ISSUE OF THE ROAD RESERVATION WILL BE ADDRESSED AND THEN THE MAP WILL BE AMENDED TO REFLECT EITHER THE CONVEYANCE OR THE RESERVATION AREA,
· THE ISSUE ABOUT THE WRITTEN AUTHORIZATION FROM ALL OWNERS BE
· COPIES OF THE ULSTER COUNTY HEALTH DEPT. SEPTIC PERMITS BE SUBMITTED.
ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
SOMERSET DEVELOPMENT, LLC - (2005-03) - 597 Broadway, 122, 128 River
Road, 35 Black Farm Court, Port
Ewen, NY 130 Carney Road; 1626-28 Route 213, Rifton, NY
SBL #56.020-23-25; 64.001-1-8, 11, 12, 13, 14, 16, 24 & 25; 64.001-2-1, 2 & 13.2
The applicant requested to be removed from this month’s Planning Board agenda.
PATRICK - (2005-04) - 61 Parker Avenue, Esopus, NY
Site Plan - Garage in Front of House Approval
Barbara Patrick and her draftsman, Charlie Wesley, were present at this meeting. The applicant is proposing the construction of a tractor barn on a vacant lot. The barn location will be closer to the existing public road than the proposed house location. The Board is being asked to approve the location of this accessory building under the provisions of Section 123-21.C.(5)(d). Maps were reviewed. BASED UPON AN ON-SITE VISIT AND IN ACCORDANCE WITH CODE 123-21.D.(5)(d), RUSS SHULTIS MADE A MOTION, SECONDED BY FRED ZIMMER, THAT DUE TO TOPOGRAPHIC FEATURES THE PROPOSED LOCATION OF THE ACCESSORY BUILDING IS SATISFACTORY AND THE PLANNING BOARD APPROVES IT AS SHOWN ON THE MAP DATED MARCH 1, 2005 DRAWN UP BY CHARLIE WESLEY. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
BELLEAIRE RIDGE, LLC - (2005-07) - Salem St./Mt. View Ave./Agnes St.
Major 36 Lot Subdivision
Terri Hahn of LADA, P.C. and Chuck Yank represented the applicant at this meeting. This project that affects close to 50 acres of undeveloped land will consist of a 36 lot subdivision inclusive of streets and utilities. Terri Hahn explained that they were before the Planning Board last month for a presubmission conference in which changes were suggested and additional information requested. She noted that they had a meeting with Don Kiernan of the Port Ewen Water and Sewer Dept. who indicated that there was allocation specifically designated to this property and that the subdivision as proposed does fit within that allocation. Terri also noted that they confirmed that the property is within the walking area of the elementary school. Ms. Hahn stated that she has spoken with the principal of Robert Graves who referred her to the school district overall; which they will follow up on. It was the applicant’s reps’ feeling that a good location for a potential long term walking path to the school would be over the existing sewer easement maintenance driveway. Terri Hahn stated that they will continue to followup with the district regarding the same. Ms. Hahn noted that, regarding the Ulster County Transportation Plan, she spoke to someone at the County who indicated that their transportation plan is much more general. A letter to Dennis Doyle of the Ulster County Planning Board recording Ms. Hahn and his conversation regarding this issue is on file. Maps were reviewed and changes discussed. The applicant relooked at the 5 lots proposed as Salem Court and reduced the same to 3 lots. In reviewing this area of the map, Terri Hahn indicated that she felt it could be further reconfigured so that they would not need a variance to 280A because they have no road frontage to one lot as currently drawn. The proposed cul-de-sac was also reconfigured to create a hammerhead. It was suggested that the hammerhead be reconfigured again as well as the driveway to Lot 15. Board questions were called for. Linda Smythe had a concern with traffic impact onto Salem St. Parking was then discussed. Roxanne Pecora suggested requesting a traffic study for Salem St., Mountainview Ave., & 9W. She also wondered if any consideration was given to keeping one ball field somewhere on this property. Chuck Yank stated that he did not think that would happen and noted that they are far from the allowable density on the 50 acres. Chuck also noted that the Little League did have the right of first refusal on this property. To mitigate this and since he knew the County Planning was going to do some expansion of the Town Hall itself and land for it, he proposed that voluntarily, they would double the recreation fee to the Town. Selling prices were discussed. Chuck Yank stated that the selling prices would be high $200,000’s to $300,000. Chuck Snyder stated that the site plan worked for itself because of the way the wetlands layout, being buffered on all sides. However, he was still uncomfortable with Salem Court and felt it didn’t work with the rest of the plan. Terri Hahn stated that they did try to respect the adjacent property owners near Salem Court by placing the buildings themselves nearly 100’ away from the property lines. Chuck stated that he did not have a problem with the overall total density, but suggested possibly putting in 2 flag lots. Cluster housing was discussed. Roxanne Pecora suggested changing the name Salem Court so there is no confusion with Salem St. Fred Zimmer reminded everyone, regarding Lots 2 and 3, that 2 lots serviced by the same access becomes a private street and would have to be developed to Town specs. Terri Hahn noted that would solve their frontage problem and she would have no problem developing it to Town specs as long as she could get a waiver for the road width. Next, Chuck Yank talked about the homeowners’ association as discussed originally. Upon reflection, they do not want to go that route so they would take the open space in large chunks and assemble them into some of the lots. Discussion was had regarding the school access and its distance from all the lots being created. Wetlands were issues affecting this matter. It was noted that this walkway would have to be discussed with the Water & Sewer Dept. because it would be over the sewer easement. Linda Smythe suggested that the lots be renumbered since no Lot 16 is shown. Terri Hahn noted Lot 16 was removed, so they will renumber the lots. Chairman Shultis asked if the applicant had spoken with Highway Superintendent Al Larkin regarding the accesses. Ms. Hahn stated just to the extent that he knows they exist, and Mr. Larkin told them the roads would have to build to Town standard. Russ noted that he agreed with Chuck Snyder regarding Salem Court. He would like to be sensitive to the neighbors that currently reside there. ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD GRANT SKETCH PLAN APPROVAL. ALL MEMBERS PRESENT, WITH THE EXCEPTION OF RUSS SHULTIS WHO ABSTAINED, WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0-1 VOTE. Terri Hahn asked if it would be possible to start the coordinated review for SEQR based on the sketch plan. It was suggested that the applicant submit a full environmental assessment form (FEAF). FRED ZIMMER MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE APPLICANT ESTABLISH AN ESCROW ACCOUNT IN THE AMOUNT OF $5,000 TO BE REPLENISHED IN $5,000 INCREMENTS EVERY TIME THE BALANCE FALLS TO $1,000. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE. In concluding, Chuck Yank noted that they would probably have to do a lot line adjustment with a neighbor whose swimming pool and shed is on their property. This was discovered when the property was surveyed. It was suggested that the lot line adjustment be handled under a separate application.
SPINNENWEBER/BUNTEN - (2005-06) - 272; 284 Broadway, Port Ewen, NY
Lot Line Adjustment
SBL #56.075-2-2 & 23
No representation was present for this application at the meeting.
Presubmissions - None
ZBA Referrals - None
A list of monthly correspondence received by the Planning Board was given to each Board member.
Chairman Russ Shultis stated that preliminary plat approval was granted for the Mahairas subdivision in July of 2004, however, the Planning Board has not received the final plat as of yet. Russ’ concern now was that the cost of the road has probably since increased. Initially, a condition of the preliminary plat approval was that the applicant comply with Town Code Chapter 107, Article VI, and in accordance with 107-31.B.2, the applicant deliver to the Town an irrevocable letter of credit in the sum of $222,000 for road construction. Russ Shultis noted that the Town’s code states that the Planning Board is authorized to revoke preliminary plat approval only if a final plat is not submitted within 6 months’ time, as set forth in Section 107-18.A of the subdivision local law. There was some question whether or not the cost estimate for the road could be revisited or if the preliminary plat approval had to be revoked and a new approval with revised conditions be made. Chairman Shultis will discuss this matter with the Planning Board’s attorney.
Conditions of approval for the Komasa subdivision were reviewed. It was noted that the following two conditions have to be met:
· a cost estimate must be established for the blacktopping of
Hamilton Court and that amount be deposited in the Komasa escrow account.
· the temporary construction entrances as labeled on the map should be relabled as proposed driveways. (Item 1 of Chazen Engineering’s letter dated 8/23/04.)
Chairman Shultis will contact the Mr. Komasa regarding the same.
WITH NO OTHER BUSINESS PENDING, RUSS SHULTIS 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