TOWN OF ESOPUS

PLANNING BOARD MEETING

MARCH 26, 2009



BOARD MEMBERS PRESENT: Roxanne Pecora, Chairperson

Charles Wesley

Fred Zimmer

Michael Minor

BOARD MEMBERS EXCUSED: Dennis Suraci

BOARD MEMBERS ABSENT: 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 PM beginning with the Pledge of Allegiance to the Flag. Roxanne then 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 February 26, 2009 meeting. No corrections or changes were made.



FRED MADE A MOTION TO APPROVE THE MINUTES OF THE FEBRUARY 26, 2009 MEETING, SECONDED BY MIKE. ALL MEMBERS WERE IN

FAVOR. MOTION PASSED WITH A VOTE OF 4-0.



VOUCHERS:



M. L. Putman Consulting (Month of January, 2009)……………………………$2,250.00

Clough Harbour (Stewart's Shop)……..…………………………...……………$ 817.15

Peter C. Graham, Esq. (Planning Board)………………………………………...$ 175.00

Peter C. Graham, Esq. (Somerset)……………………………………………….$ 45.75

April Oneto (Secretarial Services)……………………………………………….53 ½ hrs.



FRED MADE A MOTION TO ACCEPT THE VOUCHERS AS READ, SECONDED BY CHARLIE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 4-0.



PUBLIC HEARING:



STEWART'S SHOP: Case #2008-21 & 2008-22 - Site Plan, Conditional Use Permit

& Lot Line Adjustment - 195-199 Broadway (US Route 9W; State Hwy 310 @ East Main Street (Town Hwy 910), Port Ewen; SBL: 56.060-5-1, 2 & 3



MIKE MADE A MOTION TO OPEN THE PUBLIC HEARING FOR STEWART'S SHOP, CASE #2008-21 & 2008-22, SECONDED BY CHARLIE. ALL MEMBERS WERE IN FAVOR.



Roxanne read the Public Hearing Notice placed in the Daily Freeman, copy placed in file.



Roxanne asked if there was anyone present who wished to speak on behalf of this application.



Deborah Silvestro, Esopus Town Board, resident stated that Stewart's has been a good business and a good neighbor for the Town of Esopus and we are grateful for what they have done in the past and look forward to a future association with them and hopes that this project goes through and that it would be beneficial for the community.



FRED MADE A MOTION TO CLOSE THE PUBLIC HEARING, SECONDED BY ROXANNE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 4-0. VOTE WAS AS FOLLOWS:



Charlie…………………….yes

Fred……………………….yes

Mike………………………yes

Roxanne…………………..yes



OLD BUSINESS:



STEWART'S SHOP: Case #2008-21 & 2008-22 - Site Plan, Conditional Use Permit

& Lot Line Adjustment - 195-199 Broadway (US Route 9W; State Hwy 310 @ East Main Street (Town Hwy 910), Port Ewen; SBL: 56.060-5-1, 2 & 3



Chad Fowler was present representing Stewart's Shop. Roxanne stated that we have received the review from the Ulster County Planning Board which is dated 3/4/2009. Roxanne read the review which included required modifications. One of the modifications stated that the ZBA appears to have granted two variances for this project. These variances were not submitted to the UCPB, prior to the ZBA making its decision to grant them as required under General Municipal Law and the Ulster County Charter, placing the applicant at potential risk. The ZBA has been copied on the Ulster County Planning Board's letter and the UCPB urges that these variances be submitted for review. A copy of this review has been given to the applicant and placed in the Planning Board file. Roxanne stated that she also wrote a memo to the ZBA Chairman, Don Cole, to further explain the situation.



Roxanne read a letter received from the Waterfront Advisory Board dated 3/25/09 stating that the Board approves the plans as submitted. Copy placed in the file.



Roxanne stated that she had a discussion with the Ulster County Planning Board's Commissioner and the Principal Planner prior to the Ulster County Planning Board meeting. Roxanne questioned the Ulster County Planning Board staff as to what they meant by potential risk when the issue with the ZBA came up. After the meeting she was told by the Planning Commissioner that they could probably go ahead and approve it as he did not see any issues with it and it was not something major. Roxanne was not comfortable with this statement so she contacted Peter C. Graham, Esq., Planning Board Attorney. He researched General Municipal Law and Case Law to see if there was a way for us to get around the situation and not have to wait for the ZBA review by the County. Unfortunately, there is no way around this issue it is precedent with General Municipal Law. As a result the ZBA referral has been sent to the County and the County will review it at the April meeting. Roxanne reiterated that she has written the ZBA a letter because the variances that were approved are not legal at this time and not recognized under the law. This would put Stewart's at risk and we will not let that happen. The ZBA will have to re-do those variances when they get the review back from the County and inform us and then we can make our decision at the April meeting.



Roxanne asked if Chad had anything to add. Chad stated that they are proposing the five lights to match the Town lights. Chad stated that after extensive shopping the price they received was $4,200. They are going to do them but he was wondering if the Town had any purchasing power in this regard. Roxanne informed Chad that she thinks the Town pays $6,700 and they (Stewart's) have a better price.



Fred stated that the ZBA variance they received for coverage they really did not need. Chad stated that the ZBA waived the setback for blacktop in the delivery area and the coverage which does not apply to blacktop. He received two variances that they needed; one for the setback for the tank and one for the setback for the canopy. These two are the variances that we need.



KLYNE ESOPUS MUSEUM: Case #2009-05 - Lot Line Adjustment - 762 & 764

Broadway (US Route 9W; St. Hwy 5508), Ulster

Park; SBL: 64.003-6-14 & 15



Alex Contini, VP, was present representing Klyne Esopus Historical Society and Klyne Esopus Historic Committee. Myles read M.L. Putman Consulting review dated 3/20/09. Copy was given to the applicant and a copy was placed in the file.



Myles' review stated that while they are in for a Lot Line Adjustment they are also creating a new non-conforming lot. Maybe two nonconforming lots according to the zoning. One would be for the lot area and the other would be for the side yard setback. Myles stated that this Board will need a little more information if they are going to be asked to comment on the ZBA referral that will be coming in the future. This application will have to be treated as a Type I Action under SEQR and a Full EAF will need to be completed. Myles stated that he is willing to work with the applicant at the direction of the Planning Board to complete a Part I of the Full EAF and he can work with the applicant in a Workshop Meeting without the need for an Escrow since this is a small scale project.



Alex stated that they were hoping to do the lot line adjustment as a stand alone as opposed to doing what they will need to do down the line. He stated that there is no down the line if they are not able to sell the house.



Mike stated that what Alex needs to do is explain to the Board what their plans are should they sell the house. The ZBA will be asking why they need the variance so they will have to explain it to them. Alex stated that they have two concerns. The first concern is a safety concern regarding the current entrance. Getting out of this entrance/exit is dangerous. They need to move the entrance a little further to the north so that the line of sight to the crest of the hill is the best they can get. The second concern that the future life of the museum is going to depend on revenue from bus tours and planned events. Right now when they have an event they create traffic hazard along Route 9W due to parking so they park along Route 9W. They feel if they have more parking it will attract more people to their events. The safety concern is a real concern. They have had accidents in terms of exiting the museum in the past. The lot line adjustment comes in because they need the money from the sale of the property to create the safe entrance. They did not design the curb cut because they were hoping to skip this now and look at the rest of this later. If they need to merge them together, he will have to speak with Chris Zell about putting together a survey map that includes the NYS Department of Transportation required curb cut. The problem with that is the money that will be involved to put that in there. In terms of the water and other issues associated with the parking area, they do not intend to pave the parking area so hopefully some of the ground water will be absorbed and on the north end they will do whatever is necessary to make it work so that they do not flood out their neighbors.



Discussion took place regarding the location of the museum building being at a crest. To the north of the building it is an open field and their intent would be to not lose to many of the trees. Mike stated that during pre-submission they were asked about merging them together as a total site and they can not afford to use the house that way. Alex stated that they looked at this and in order to make that building useable as a visitor's center and handicapped accessible it would cost about $50,000-$75,000 which means that they would have to raise ¼ of a million or dollars which they don't believe they would be able to do. The museum is a Museum of the Town of Esopus so they do not attract outside money.



They want to do the lot line adjustment at this point someone comes along and wants to buy the building. They do not want to have to go 6-8 months through the process. They want the process done ahead of time so that if they do find a buyer they can move forward quickly. They have no buyer right now and the property is not on the market at this time. They have a major investment in this property right now.



Fred questioned where the well and septic is for the house. Alex stated that the septic is in front of the concrete deck steps and the well is directly in the center of the back of the building about 12 feet. The well is actually in a vault behind the building. Fred asked that this be shown. Fred asked that some topography be added to the map. Fred thought that they might be able to go and get a Highway Work Permit and put a new driveway in where they want it since they are the owner of both properties. Fred stated that the next step is going to be to the ZBA and then they are going to have to have more detail on the maps. Following further discussion it was suggested that Myles work with the applicant in a workshop meeting. Roxanne stated that she thinks that Alex should work with Myles who is willing to donate some additional time at a workshop meeting to help him get through what he needs to do to get to the Zoning Board. Alex was informed that the next workshop will be April 2nd. Applicant was informed that his application will be referred to the Ulster County Planning Board at some point. Alex was told that it is this Board's desire to do the whole thing at the same time because of segmentation. We need to look at the whole thing together.

Charlie asked about the elevation difference between the museum and the house. Alex felt that it was approximately 12 feet.



MIKE MADE A MOTION TO ALLOW APPLICANT, KLYNE ESOPUS MUSEUM, CASE #2009-05, ADDITIONAL PRE-SUBMISSION CONFERENCES EXEMPT FROM THE ESTABLISHMENT OF AN ESCROW ACCOUNT TO WORK WITH THE PLANNING BOARD CONSULTANT AND FOR THE APPLICANT TO SUBMIT A FULL EAF, PART I, SECONDED BY FRED. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 4-0. VOTE WAS AS FOLLOWS:



Charlie…………………..yes

Fred……………………..yes

Mike…………………….yes

Roxanne………………...yes



MIKE MADE A MOTION TO DIRECT MYLES TO START TO PREPARE LEAD AGENCY COORDINATION FORMS FOR KLYNE ESOPUS MUSEUM, CASE #2009-05, SECONDED BY FRED. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 4-0. VOTE WAS AS FOLLOWS:



Charlie…………………yes

Fred……………………yes

Mike…………………...yes

Roxanne……………….yes



SHAH: Case #2009-06 - Lot Line Adjustment w/Lighthouse Bluff - 242, 272 River

Road (Co. Road 8), Ulster Park; SBL: 64.003-2-10 & 11



Myles reviewed M.L. Putman Consulting Review dated 3/20/09, copy given to applicant and copy placed in file. Susan Plass, surveyor, was present representing the applicant.

Myles questioned what is going to happen with the right-of-ways and easements once Shah acquires the additional land.



Susan stated that basically the entire parcel is a conservation easement from Scenic Hudson Land Trust with the exception of two building envelopes and a couple of right-of-ways and easements. Essentially Shah would like to acquire the driveway that accesses his house and a little bit of land around it because his lot is fairly small. She will need to check with the attorneys regarding Myles questions.



Fred questioned Lighthouse Bluff. Myles stated that they received Preliminary Plat and never received a Final Plat Approval. At this time, Lighthouse Bluff is null and void. Susan stated that the conservancy for Scenic Hudson was done last year. Susan stated that Lighthouse Bluff owns the land in fee Title but Scenic Hudson has a conservation easement over the entire parcel with the exception of the two building envelopes. Myles stated that the easement overlays the entire property and the two building envelopes with existing structures are not separate lots. They are not trying to suggest that they are separate lots. They can not develop any houses there but the original owners still own the property.



Roxanne informed the Board that there was a letter that went to Dr. and Mrs. Shah dated 10/9/08 informing them that Lighthouse Bluff sold .611 acres of land to Dr. & Mrs. Shah on 3/7/08 and in order for the Assessor's office to transfer the property to the Shahs they were informed that they needed to go before the Planning Board for approval. This is why they are here today.



Applicant submitted a letter requesting waiver of the public hearing. Following some discussion it was agreed that Susan needs to check with the attorneys on how the easements will be dealt with and get back to the Board.



Myles stated that other than the question about the easements that this is a complete submission.



MIKE MADE A MOTION TO WAIVE THE PUBLIC HEARING FOR SHAH, CASE #2009-06, PER SECTION 107-16.A, SECONDED BY CHARLIE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 4-0. VOTE WAS AS FOLLOWS:



Charlie…………………..yes

Fred……………………..yes

Mike……………………..yes

Roxanne…………………yes



FRED MADE A MOTION TO GRANT SKETCH PLAN APPROVAL FOR SHAH, CASE #2009-06, SECONDED BY MIKE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 4-0. VOTE WAS AS FOLLOWS:



Mike…………………….yes

Charlie…………………..yes



Fred……………………..yes

Roxanne………………...yes



Applicant was informed that the Planning Board Deadline for April is April 9, 2009 and the next meeting will be April 23.



OLD BUSINESS:



PERCIVALLE: Case #2008-15 - Major (5 lot) Re-subdivision - 44 Hudson Lane

(TH 860), Ulster Park; SBL: 64.003-5-2.32



Copy of M.L. Putman Review dated 3/20/09 placed in the file and copy given to applicant. Joseph Percivalle was present for this application.



Roxanne stated that the Planning Board received a copy of Peter Lilholt's Engineering Review dated 3/24/09 with 8 pages of comments. Following a brief discussion it was felt that the best way to proceed at this point would be to have the applicant's engineer contact the Planning Board engineer directly to deal with the issues and then come back to the Planning Board. Applicant has an Escrow Account to cover these costs.



ZBA REFERRALS: None



FRED MADE A MOTION TO ADJOURN AT 8:09 PM, SECONDED BY ROXANNE. ALL MEMBERS WERE IN FAVOR.



NEXT MEETING: REGULAR MEETING - APRIL 23, 2009

SECOND MEEETING (if needed) - April 15, 2009



DEADLINE DATE: APRIL 9, 2009



NEXT PRE-SUBMISSION: April 2, 2009



Respectfully submitted,





April Oneto

Planning Board Secretary