TOWN OF ESOPUS
PLANNING BOARD MEETING
MARCH 24, 2011

 

BOARD MEMBERS PRESENT:   Roxanne Pecora
                                                            Charles Wesley
                                                            Fred Zimmer
                                                            Margaret Yost
                                                            Michael Minor
                                                            Darin DeKoskie

EXCUSED:                                        William Devine

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 p.m. beginning with the Pledge of Allegiance to the Flag.  Roxanne 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 24, 2011 meeting. 

MIKE MADE A MOTION TO ACCEPT THE PLANNING BOARD MINUTES OF FEBRUARY 24, 2011, SECONDED BY MARGARET.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 6-0.  VOTE WAS AS FOLLOWS:

Charlie……………………..yes
Fred………………………..yes
Margaret…………………...yes
Mike……………………….yes
Darin………………………yes
Roxanne…………………..yes

VOUCHERS:

M.L. Putman Consulting  (February, 2011)……………………………………$  2,500.00
Daily Freeman (Reiker Public Hearing)………………………………………..$        9.45
April Oneto (secretarial services month of February, 2011).……………………..36 hours

MARGARET MADE A MOTION TO APPROVE THE VOUCHERS AS READ, SECONDED BY MIKE.  ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 6-0.

Darin recused himself from the Board at 7:10 P.M.

OLD BUSINESS:

FERGUSON:  Case #2010-01 – Minor Subdivision – 1723  Broadway (US Route
                           9W; State Hwy 5508), West Park; SBL: 89.001-3-23

Applicant represented by Chris Zell, Brinnier & Larios.  Myles reviewed M.L. Putman Consulting Report dated 2/24/11, copy given to applicant and copy placed in file.

Mike questioned what the outside color of the home will be.  Chris stated that he does not know the answer to this question.  Mike stated that documentation was received from Scenic Hudson indicating a preference for colors and since this is going to be referred to the Waterfront Advisory Board this may be a question that they will ask.  Following some discussion it was felt that this is not a regulatory agency so it really does not matter.  Chris stated that Ms. Ferguson will be at the Public Hearing next month.

Discussion took place regarding the length of the access strip that is 594’ and that it is the Planning Board’s decision whether to waive the length or not.

MIKE MADE A MOTION TO WAIVE THE LENGTH OF THE ACCESS DRIVEWAY AS PER SECTION 123.21.D(5), SECONDED BY FRED. ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 5-1-0.  VOTE WAS AS FOLLOWS:

Fred……………………yes
Charlie…………………yes
Margaret……………….yes
Mike……………………yes
Roxanne………………..yes

Roxanne stated that the building setback is no longer an issue since applicant has moved the location of the house.  Roxanne questioned the Health Department approval.  Chris stated that he has that and submitted a map signed by the Health Department at this meeting.

Discussion took place regarding the need to make a SEQRA Determination prior to scheduling the Public Hearing.  Roxanne stated that it is a State requirement since we will need to send this to the County Planning Board and SEQRA Determination must be made which means that this is a complete application prior to sending it to the County Planning Board.  A lot of the Board members do not agree with this but it is a State Law.  Fred stated that if we pass this and something happens then this is approved.  Roxanne stated that it is not an option any longer.  Roxanne stated that if this application should go to Court and we did not do the SEQRA Determination we will absolutely lose it since we did not follow one of the required steps.  Fred questioned what happens if during the course of the Public Hearing something comes up and we can not resolve it within 30 days.    Roxanne asked if Fred would like an opinion from one of the Planning Board’s  attorneys.  Fred would like this opinion.  Myles stated that you would table the hearing and revisit SEQRA if you have substantial fact presented to you.  Fred asked how you do this.  Myles stated that the Board is in control of the Public Hearing.  Fred stated that whatever comes out in a Public Hearing for whatever reason the clock is going.  Fred stated that once you make the determination you have 62 days to make a final approval.  Fred stated that once you table it that clock is still running.  Myles said that State Law states that a Planning Board can have up to 6 months to close a hearing.  Myles and Roxanne stated that you have 62 days after the Public Hearing to make a determination not from the date that the SEQRA determination was made.    Roxanne stated that there is a new interpretation of this.    Roxanne stated that she will get a copy of the Law and have one of our Planning Board attorneys provide us with an opinion. 

MIKE MADE A MOTION TO MAKE A DETERMIANTION OF NON-SIGNI- FICANCE PURSUANT TO SEQRA FOR FERGUSON, MINOR SUBDIVISION, CASE #2010-01, SECONDED BY CHARLIE.  MOTION PASSED WITH A VOTE OF 5-0.  VOTE WAS AS FOLLOWS:

Fred……………………yes
Charlie…………………yes
Margaret……………….yes
Mike…………………...yes
Roxanne……………….yes

MIKE MADE A MOTION TO SCHEDULE A PUBLIC HEARING FOR FERGUSON, MINOR SUBDIVISON, CASE #2010-01, FOR 4/28/10 AT 7:10 PM AND REFERRALS TO THE WATERFRONT ADVISORY BOARD AND THE ULSTER COUNTY PLANNING BOARD, SECONDED BY CHARLIE.  MOTION PASSED WITH A VOTE OF 5-0.  VOTE WAS AS FOLLOWS:

Fred………………….yes
Charlie……………….yes
Margaret……………..yes
Mike…………………yes
Roxanne……………..yes

Chris was told that we will need another copy of the map with the Health Department approval in order to send a complete packet to the County Planning Board.  Roxanne will call to get an extension for the submission until Monday.  Chris will drop off the map Friday morning.

PITTNER:  Case #2011-02 – Minor (3 lot) Subdivision – 78 Loughran Lane (Town
                      Hwy 832), West Esopus; SBL: 71.004-1-15.1

Myles reviewed M.L. Putman Consulting Report dated 3/17/11, copy given to applicant and copy placed in file.

Applicant Henry Pittner was present for this meeting.

Margaret questioned the DEC inquiry.  Myles asked if applicant inquired about the habitat information.  Mr. Pittner stated that he senT a letter to the DEC but they told him that it could take quite sometime for them to get back to him.  Mr. Pittner stated that they do not do this in New Paltz that it has to go to Albany.

Mike stated that his concern is that applicant will not be able to reach the 12% driveway grade for Lot #3.  Mike questioned if he is going to do a lot of cutting in filling to obtain this grade.  Mr. Pittner stated that he would like to achieve this naturally.  Mr. Pittner questioned what the 12% was.  He was told that this is the maximum grade for a driveway.  Mike stated that this is something that we have been very firm about.  This is a Zoning Law for quite sometime.

Mr. Pittner stated that he is not looking for a Building Permit therefore he questioned the Health Department approval requirement.  He just wants a simple subdivision so he can sell the house that is already existing on one of the lots.  Mike stated that this Board can not approve a subdivision that is not a buildable lot.  Health Department approval is a requirement.  Mr. Pittner stated that this is in the process.

Mr. Pittner was informed that there will be a $2,000 Recreation Fee for each new lot approved. 

Darin is in agreement with the driveway profiles being required and he thinks that erosion control should be added to the maps.

Roxanne stated that the Board wants the driveway profiles and the plat should be amended to include the complete record of the previously filed maps and erosion/sediment control plan should be added.   This should all be able to be put on one map. 

Fred questioned if disturbance can not be left to the Building Inspector.  Mr. Pittner stated that the level of disturbance is 5.58% for the entire piece of property.  Fred stated that if they move the house it would go back to the Building Inspector anyway.  Darin stated that it should be detailed with the level of construction and details of the silt fence.

Mr. Pittner stated that the septic approval is only good for 2 years and whoever builds on it and if it is over the 2 years they will have to do the whole process over again.  Roxanne stated that we are required to have it for the approval. We have to show that it is a buildable lot.  We can grant approval conditioned upon Health Department approval.  

FRED MADE A MOTION TO DECALRE NON-SIGNIFICANCE PURSUANT TO SEQRA FOR PITTNER, CASE #2011-02, MINOR SUBDIVISION, SECONDED BY CHARLIE.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 6-0.  VOTE WAS AS FOLLOWS:

 

Fred………………yes
Charlie……………yes
Margaret………….yes
Mike……………...yes
Darin……………..yes
Roxanne………….yes

MIKE MADE A MOTION TO SCHEDULE A PULBIC HEARING FOR PITTNER, CASE #2011-02, MINOR SUBDIVISION, FOR 4/28/11 AT 7:20 PM, SECONDED DARIN.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED BY A VOTE OF 6-0.  VOTE WAS AS FOLLOWS:

Charlie……………yes
Fred………………yes
Margaret………….yes
Mike……………...yes
Darin……………..yes
Roxanne………….yes

Mr. Pittner was informed that there will be a $200.00 Public Hearing Fee that will need to  be paid by 4/14/11 in order to schedule the hearing.

MISCELLANEOUS:

GRAY:  2009-17 – Minor Subdivison – Time Extension Request

Camilla Gray sent a letter requesting an extension due to not yet receiving Health Department approval.  Apparently the surveyor sold his business in the middle of the job so she needed to hire a new surveyor.  The maps are almost ready and Health Department approval should be coming soon.  This will be her second extension.  A letter will be sent to Ms. Gray informing that she will not be able to get another extension and will need to start the process all over if she does not complete the required items from the original approval.

MIKE MADE A MOTION TO GRANT A SIX MONTH EXTENSION FOR GRAY, CASE #2009-17, MINOR SUBDIVISON, SECONDED BY MARGARET.  A LETTER WILL BE SENT TO HER INFORMING HER THAT THIS IS THE LAST EXTENSION THAT WE CAN GRANT.  MOTION PASSED WITH A VOTE OF 5-1-0.  VOTE WAS AS FOLLOWS:

Fred……………..yes
Charlie…………..yes
Margaret………...yes
Darin……………abstained

Mike…………….yes
Roxanne………...yes

ZBA REFERRALS:

None

MIKE MADE A MOTION  T0 ADJOURN AT 7:50 PM, SECONDED BY CHARLIE.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 6-0.

NEXT MONTHLY MEETING:       APRIL 28, 2011

DEADLINE:                                      APRIL 14, 2011

NEXT PRE-SUBMISSION:             APRIL  5,  2011

Respectfully submitted:

 

April Oneto

Planning Board Secretary