BOARD MEMBERS PRESENT: Marilyn Coffey
Russ Shultis, Chairperson
EXCUSED: Kathy Weitze
ALSO PRESENT: Miles Putman, Planning Board Consultant
At 7:05 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.
ROXANNE PECORA MADE A MOTION, SECONDED BY MARILYN COFFEY, THAT THE PLANNING BOARD APPROVE THE MINUTES FROM THE MARCH 21, 2002 PLANNING BOARD WORKSHOP MEETING AS PREPARED AS WELL AS THE MINUTES FROM THE MARCH 28, 2002 PLANNING BOARD MEETING. 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 JOHN MCMICHAEL TO ACCEPT ALL VOUCHERS SUBMITTED AND READ. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH PASSED BY A 5-0 VOTE.
The vouchers submitted and read were as follows:
Kristy L. Nelson......................(3/23/02 - 4/19/02)...........................................
Daily Freeman.........................(Schaeffer)....................................................... $ 14.55
POESCHL & SCHAEFFER - (2002-004) - 386 Broadway, Port Ewen,
Tax SBL #56.083-4-22
Mr. Schaeffer and his draftsman, Mr. Charlie Wesley, were present at this meeting. JOHN MCMICHAEL MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE PLANNING BOARD OPEN THE PUBLIC HEARING ON THE POESCHL & SCHAEFFER APPLICATION. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE. At this time, Chairperson Shultis read into the record a letter the Planning Board received from Julia Barnoski of 387 Broadway expressing her concerns. A copy of the same is on file. Miles Putman of Shuster Associates, the Planning Board’s consultant, then gave his project review on this application. A copy of the same is on file and a copy was given to Mr. Wesley. Chairperson Shultis called for public comments.
Donna Brundage of Hurley, who owns the adjoining property to the south, stated that this property is unique in that it is a commercial property which is surrounded by either farmland or homes. She added that the previous commercial businesses that occupied the property were not intrusive to their residential neighbors. Ms. Brundage noted that she had a concern with what was being proposed since the other night when she drove by the property she owns she saw a number of cars parked right next to it and she did not find this aesthetically pretty. Additional concerns of Donna Brundage were that there would be unlicensed vehicles at the property as well as car maintenance work, like oil changes, being done. Ms. Brundage also felt the value of her house would go down. She wondered about a building permit and appreciated that they want to put a fence up, but stated she would rather see the properties being bordered by arborvitae that grows 20’ tall.
Chairperson Shultis explained the difference between motor vehicle repair shops vs. used car sales as taken from NYS DMV booklets CR-82 & CR-78. Russ stated that, in his opinion, the business being proposed according to these booklets would not be considered a motor vehicle repair shop, but would still need to be registered under Motor Vehicle Dealers & Transporters Regulations.
Linda Smythe questioned Mr. Schaeffer’s first proposal which included used car sales and the leasing out of a portion of the building as a repair shop. Russ Shultis noted that Mr. Schaeffer was told in the beginning of this process that an automobile repair shop would be in violation of the Town’s zoning so he decided to apply for a used car sales business only. Linda noted that the site plan showed a repair shop area as well as a repair shop office. Chairperson Shultis felt this was just a bad choice of labeling used for areas of the used car business. Miles Putman noted that the Board could give the applicant approval for a used car dealership period, and if he does anything else, he would be in violation. Linda Smythe expressed her concern with existing violations and nobody following through on them. Mr. Schaeffer stated that a license for a repair shop cannot be issued without Town approval, and his business would not be a DMV registered repair shop. Linda Smythe also questioned the 7 parking spots in the back since she didn’t see where there was room for them.
Peter McGowan of Poppletown Road wondered if spraying of paint on the cars would be allowed. It was noted that the specifics listed in the DMV booklet did not allow painting. Chairperson Shultis asked Mr. Schaeffer and his partner if they plan on doing any painting at this facility. Their reply was no. Mr. Schaeffer also noted that, according to the DMV and EPA, a license would be required to do painting. Mr. McGowan requested that if a concession was granted by the Planning Board this be enumerated as a condition of any permit.
Marilyn Coffey requested that Mr. Schaeffer’s plans not include streamers,
balloons, flags, etc. Mr. Schaeffer stated that he did not plan on
any of this; including no signage. He noted that this business would
be a whole sale dealer that wholesale to other wholesalers, and they generally
do not deal with the public. Therefore, there would be no need for
fanfare or advertisement. Marilyn Coffey stated that she would also
like this to be a condition if approved.
Chairperson Shultis asked Mr. Schaeffer if it would be feasible to put appropriate year round shrubbery in on the south property line. Mr. Schaeffer said yes.
WITH NO OTHER COMMENTS TO BE MADE, LINDA SMYTHE MADE A MOTION, SECONDED BY MARILYN COFFEY, TO CLOSE THE POESCHL/SCHAEFFER PUBLIC HEARING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION BY A 5-0 VOTE.
POESCHL & SCHAEFFER - (2002-004) - 386 Broadway, Port Ewen, NY
Tax SBL #56.083-4-22
Mr. Schaeffer and his draftsman, Mr. Charlie Wesley, were present at this meeting. Chairperson Shultis noted that the Board had yet to hear from the Ulster County Planning Board regarding the referral of this application. Therefore, no decision would be made regarding this case at this evening’s meeting.
Mr. Schaeffer commented that he spoke to Mr. Visconti of the NYS DOT
and the only glitches remaining were the radius edge coming in and out
and the fact that they are reducing down from a 35’ opening into a 30’
The Planning Board advised Mr. Schaeffer that revised maps would have to be submitted reflecting this change and suggested that at the same time, the site plan be revised to change the ‘repair shop’ wording in two (2) places to possibly ‘prep area’ and ‘sales office’.
Chairperson Shultis suggested that there be a meeting between himself, the applicant, and Donna Brundage, the adjoining property owner to the south, to discuss property line shrubbery.
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
Rick Valenti and Chris Zell were present at this meeting. Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review on this case. A copy of the same is on file and a copy was given to the applicant. In response to Miles’ review, Chris Zell noted that the sewage was not proposed, the sewer and water lines are in and do not go through Rondout Harbor. Chairperson Shultis noted that concerning the sewer and water, he met with Don Kiernan, the Port Ewen Water & Sewer Superintendent, this past week. Don had no concerns about the water and sewer as it exists, however, he would like to personally do a manhole inspection to see if there has been any ground water seepage in that line.
Russ Shultis noted that he had road issues. Chris Zell noted that
both roads, the main road and the emergency road, are exactly were they
were proposed and approved for in 1985. Discussion was had.
Mr. Valenti stated that he was willing to try to improve the main entrance,
if there were any suggestions, i.e. mirror, no left turn. It was
suggested that Chairperson Shultis consult with the Board’s attorney to
see what rights the Board has regarding the entrance given this project
was previously approved in 1985. Roxanne Pecora felt that the Planning
Board should have Art Cross & Nancy Clark present at meetings to answer
the Board’s questions as they come up or get responses to any questions
from them in writing. It was also suggested that Chairperson Shultis
meet with Art Cross at the site for his input on the roads. Board
member Roxanne Pecora noted that she would also like to attend the meeting
Chris Zell provided the Board with a copy of the original drainage plan. He also noted that the landscaping & lighting would be identical to what exists. In addition, Mr. Zell noted that individual water connections are shown on the detail sheet that was approved in 1985. He will supply the Board with copies of this. Chairperson Shultis indicated that he would have Superintendent Kiernan verify the same.
The Planning Board requested the submission of detailed plans as noted in Item C. of Shuster Associates’ project review for the April 25, 2002, meeting and dated April 18, as well as a full EAF. ROXANNE PECORA MADE A MOTION, SECONDED BY MARILYN COFFEY, THAT VICTORIAN ASSOCIATES ESTABLISH AN ESCROW ACCOUNT IN THE AMOUNT OF $3,000, PURSUANT TO CHAPTER 71 OF THE TOWN CODE, FOR THE COSTS OF TECHNICAL REVIEWS AND DOCUMENTATION BY THE BOARD’S PLANNING, ENGINEERING AND LEGAL CONSULTANTS. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
Roxanne Pecora wondered where Section A stands at this time. Chairperson Shultis noted that a meeting was scheduled for Monday, April 29, at 9:30 with the Planning Board’s attorney to discuss Section A.
BOUGHTON - (2002-003) - 88 Lower Broadway/Old 9W/Route 984-D, Port Ewen,
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, Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review on this case. A copy of the same is on file and a copy was given to Mr. Wesley. It was noted that this application would need to be referred to the Zoning Board of Appeals since there was some concerns about encroachments upon the “transition” setback requirements in Section 123-21.B1, particularly if the miniature golf course is determined to be a “structure”. The Planning Board advised the applicants to approach the ZBA in regards to either an interpretation of “structure”, or an area variance for the proposed encroachment, if the miniature golf course is deemed to be a structure. Miles Putman stated that in speaking with the Planning Board’s attorney, Peter Graham, his opinion was that this wasn’t a structure. However, Miles noted that the chain of command when it comes to interpreting the zoning is the Zoning Enforcement Office and then if you don’t agree with him, you go to the ZBA. The final step would be an Article 78. Marilyn Coffey reminded the Board that at one time it was decided that the teepees, etc. at Citivision were not permanent structures.
Presubmission Conf. - Pons
Mr. Pons presented a proposal to reconfigure two parcels into three
on Union Center Road & Valhank Drive. Maps were reviewed.
Mr Pons was informed that only on house would be allowed on parcel 2, he
would have to obtain a highway cut from the Ulster County Highway Dept.
for parcel 2, and there might be a possibility that a variance would be
required for parcel 2 pursuant to Section 123-21D.5. Parcel 3 would
have to be investigated to see if it could be a flag lot rather than go
through developing the extension of Valhank Drive and getting the Town’s
okay. Mr. Pons was also advised to make sure parcel 1’s new lot line
met the zoning and health dept. requirements.
Two (2) ZBA referrals (Boughton & Pray) were received by the Planning Board. The Planning Board agreed to forward the following comment to the ZBA:
‘If the issue warrants and in order to expedite the processes
facing these applicants,
would it be possible to vote on these applications the same night that the Public
Hearing is held?’
A list of monthly correspondence received by the Planning Board was mailed to each Board member.
Still awaiting comments from the Ulster County Planning Board’s referral. Another workshop meeting will be scheduled once the County Planning Board has reviewed the final draft of the proposed subdivision regulations.
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.
Kristy L. Nelson