TOWN OF ESOPUS
PLANNING BOARD MEETING MINUTES
April 24, 2003

BOARD MEMBERS PRESENT: John McMichael
    Roxanne Pecora
    Russ Shultis, Chairman
    Linda Smythe
    Dennis Suraci
 
EXCUSED:   Kathy Weitze
    Fred Zimmer

ALSO PRESENT:  Miles Putman, Shuster Associates, Planning Board Consultant
 
At 7:04 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.

Minutes

ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD APPROVE THE MINUTES OF THE MARCH 27, 2003 PLANNING BOARD MEETING AS PREPARED.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.

Vouchers
A MOTION WAS MADE BY JOHN MCMICHAEL AND SECONDED BY DENNIS SURACI 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..........(3/22/03 - 04/18/03)...................................................      28.5 Hrs.
                Daily Freeman............(Public Hearing - Reynolds).....................................     $  15.04
 Chazen Engineering....(Mahairas Escrow Acct.)...........................................     $537.26
 Peter Graham...............(Y Camp Escrow Acct.)............................................     $598.00
 
OLD BUSINESS

VENDITTI - (2003-05) - Lindemann Lane & Peter’s Lane, Ulster Park, NY
     2 Lot Re-Subdivision
   Tax SBL #72.001-1-8.11

Applicant Robert Venditti was present at this meeting.  Miles Putman of Shuster Associates gave his project review for this application.  A copy of the same is on file and a copy was given to Mr. Venditti.  This application is for a two lot re-subdivision of a 36.5 acre vacant rural tract in Ulster Park which proposes the creation of a lot without frontage on a mapped street and which would have access by an extension of an existing right-of-way.  It was noted that the applicant prepared and submitted an agricultural data statement.  Chairman Shultis read into the record the Town’s Zoning Board of Appeals Findings and Conclusions dated April 15, 2003 which granted a variance to permit a 1 1/2 acre building lot on Tax SBL #72.001-1-8.11 without the required 50’ road frontage contingent upon the 50’ right-of-way with the stipulation that no further variances of this sort be granted on this property without the creation of a town road so this lot, existing lots, and any future lots would have the required 50’ of road frontage on a mapped street.  A copy of the same is on file.  Russ Shultis wondered if the variance condition should be noted on the subdivision map.  Miles Putman stated that since this was a condition that would affect the future resubdivision of the site, he felt it should be recorded.  Board members agreed, and Mr. Venditti had no problem with this request.  It was noted that the owner of the property, Lindemann, has signed a statement to the effect that he understands the condition of the variance and a copy of this letter will be submitted to the Planning Board prior to the next Planning Board meeting.  It was also requested that the map be amended to distinguish between the private right-of-way and the presumed public way where the common drive (known as Lindemann Lane) intersects Peter’s Lane.  ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING FOR THE VENDITTI APPLICATION ON THURSDAY, MAY 22, 2003, AT 7:10 PM PROVIDED THAT REVISED PRINTS ARE BROUGHT IN SHOWING THE CHANGES THAT HAVE BEEN SPECIFIED AT TONIGHT’S MEETING, THE NOTATION OF THE VARIANCE AND THE DELINEATION OF THE RIGHT-OF-WAY FOR THE TOWN, BY THURSDAY, MAY 8, 2003.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.

CITIVISION - (2003-04) - 126 Carney Road, Rifton, NY
      Site Plan Approval - Chapel/Multi-Purpose Building
      Tax SBL #63.003-3-17 & 18

Attorney Joseph Pisani and Keith Moore represented the applicant at this meeting.  Maps were reviewed.  Miles Putman of Shuster Associates gave his project review on this application.  A copy of the same is on file and a copy was given to Mr. Pisani.  The applicant wishes to construct a 17,800 sq. ft. multi-purpose building on the site of the existing Citivision camp in Rifton to serve as a place of assembly for occupancy standards, as well as include space for a wide range of activities from sports to religious services.  It was noted that the revised submission lacked details on utility connections and existing drainage.  Responding to Shuster Associates review concerning the pond’s drainage, Keith Moore stated that the new building site is downstream from the pond and the drainage from the same is channelized underground.  Chairman Shultis asked Mr. Moore if any thought was given to the possibility of using an existing facility on-site to accomplish what is planned for the proposed building.  Keith Moore said no, because they want a winterized recreation area and they have no other building that is in close proximity to the retreat center area that would be suitable.  The only other building of any capacity is the dining hall, and their retreat center capacity is 175 people.  John McMichael asked what they planned on doing in the winter.  Keith Moore said activities and meetings.  There was some question if the camp was approved for year round use.  Mr. Pisani stated that this was settled long ago and the records of the Town would verify this.  Dennis
Suraci requested that the applicant count the total number of parking spaces on the site and put the same on the plan.  Chairman Shultis asked about outdoor lighting.  Keith Moore indicated that they haven’t gotten that far in deciding what they would have.  Russ Shultis will check with the Building Dept. to see if any of their codes require lighting.  If so, this would need to be shown on the plans.  It was noted that an escrow account in the amount of $1,500 was established by the applicant.  Dennis Suraci asked that the finished floor elevation of the building be put on the map.  Discussion was had regarding holding a public hearing.  This discussion will be picked up again once the application is deemed complete.  Utility connection details to be shown on the map will be discussed with Nancy Clark, the Planning Board’s Engineer, and Chairman Shultis.   John Davison, the applicant’s engineer, will then be notified.  Once the maps are revised and the application is deemed complete, the same would be forwarded to Nancy Clark for her review.

NEW BUSINESS

MAGLIATO - (2003-10) - 11-17 Jordan Road, Ulster Park, NY
                    2 Lot Subdivision
                   Tax SBL #63.002-4-20

Mr. Magliato was present at this meeting.  At this time, Chairman Shultis excused himself from the Board and asked Board Member Roxanne Pecora to take over the meeting.  Miles Putman of Shuster Associates gave his project review for this application.  A copy of the same is on file and a copy was given to the applicant.  This application has been made for the approval of a minor subdivision (2 Lots) of a 6.4 acre vacant parcel in the R40 District.  Mr. Magliato noted that he plans to use the little strip (Lassie’s Lane) that goes out to Rodman’s Lane to access the lot in the front and extend the cul-de-sac of Jordan Lane and put in an L shape turn around for the back lot.  Mr. Magliato indicated that he had spoken with Art Cross, the Town’s Highway Superintendent about this matter.  Mr. Magliato was informed that the Board would need Art’s written approval regarding the road and driveway cuts.  Roxanne Pecora wondered if this application would fall under the stormwater drainage act.  Miles Putman suggested that it be run by Nancy Clark, the Planning Board’s Engineer.  Mr. Magliato was informed that he would have to set up an escrow account with the Town’s Supervisor in the amount of $1,000.  The applicant was also told that he would need a map with more detailed information such as a scale and other information as required in Section 502 of the uncodified version of the new local subdivision law.

BRUDERHOF COMMUNITIES OF NY, INC. - (2003-11) - 10 Hellbrook Lane, Ulster Park, NY
                    Conditional Use Permit w/Site Plan - Poultry
                       Processing Facility
                    Tax SBL #63.004-3-33.11

Attorney Richard Riseley represented the applicant at this meeting.  Miles Putman of Shuster Associates gave his project review for this application.  A copy of the same is on file and a copy was given to the applicant.  The applicant proposes the construction of a chicken processing facility (slaughterhouse) at the Maple Ridge Bruderhof.  Chairman Shultis commented that a note was placed on the previous beef slaughter house site plan that it was for private use only, and he wondered if that same note was included on the proposal for the chicken processing facility.  Mr. Riseley stated that if it was not on the plans, they would put it on.  Maps were reviewed.  Russ Shultis asked how long it would take to process 1,500 chickens.  Richard Riseley said it would take 1 day a month since everything is automated.  Roxanne Pecora asked how much more traffic would be coming in and out because of this facility.  Attorney Riseley said one truck  (a pickup with a goose neck) would come in with the 1,500 chickens and they would then go out with other products, there would be no other special trips.  Linda Smythe had a question regarding the waste water.  It was noted that the discharged water would go into the septic disposal system and would be temporarily stored in a 4,000 gal. holding tank which would be pumped out
immediately after each processing and disposed of by Johnny-on-the-Spot.  The holding tank will have tank alarms similar to what was called for in the beef processing facility.  It was suggested that the Board take an on-site visit of the beef processing facility.  Dennis Suraci suggested that the applicant label each facility on the site plan with a key.  Chairman Shultis asked about incorporating the chicken slaughtering with the beef slaughtering into one facility.  For sanitary reasons, the Bruderhof wanted to keep them separate.  It was noted that since the chicken facility is a whole different operation, it was believed health codes wouldn’t allow them to be together.     Roxanne Pecora wondered if this application should be reviewed by the Board’s engineer.  ROXANNE PECORA MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THE PLANNING BOARD SEND THE BRUDERHOF APPLICATION TO NANCY CLARK OF CHAZEN ENGINEERING FOR HER REVIEW ONCE AN ESCROW ACCOUNT IN THE AMOUNT OF $1,000 IS ESTABLISHED.  BY A 4-1 VOTE, THE MOTION CARRIED.  LINDA SMYTHE MADE A MOTION THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING ON THE BRUDERHOF APPLICATION FOR THURSDAY, MAY 22, 2003, AT 7:20 PM.  WITH NO SECOND TO THE MOTION, LINDA SMYTHE WITHDREW THE SAME.

PONS - (2003-012) - 369 Union Center Road, Ulster Park, NY
          3 Lot Subdivision
          Tax SBL #63.004-5-32 & 33.2

Mr. Pons and his surveyor, Mr. Conrad, were present at this meeting.  Miles Putman of Shuster Associates gave his project review for this application.  A copy of the same is on file and a copy was given to the applicant.  The applicants propose the reconfiguration of two abutting lots (just over 22 acres) into three (3) lots.  Chairman Shultis noted that the map needs the surveyor’s stamp and signature, an owners’ consent to file block, and the Planning Board’s signature block.  He also noted that the prior subdivision showed a mapped out area labeled ‘area reserved for future road’ which he felt should be shown on this subdivision map so that it is clearly noted where the access is from.  Maps were reviewed.  Chairman Shultis then noted that there were no bearings and distances for the easterly lot line of the main house, Lot #1.  Russ requested an indication of the septic for Lot 1 to make sure it is in compliance with the necessary setbacks as it relates to the proposed drive.  He also wondered if Lot 2 was in violation of the flag lot standards.  Miles Putman agreed, however, he noted that the Planning Board could waive that standard if they determine that there was a real substantial practical difficulty or the applicant could taper it in maybe 350’ and then start widening it out.  Roxanne Pecora requested that proposed houses, wells, and septics be shown on each of the lots.  Mr. Conrad suggested showing zoning setback lines by putting a building envelop.  Miles Putman felt that would make sense for Lot 3, but had a concern about Lot 2 since it is the smallest of the 3 lots proposed.  He felt the Board might want to see some conceptual locations on Lot 2 and if they have any questions on the soil, they could require County Health Dept. approval as a condition of approval.  Chairman Shultis also requested that the proposed new lot lines be labeled.  There was some discussion about getting a curbcut approval to Lot 2 off of Union Center Road.  Mr. Conrad noted that this was an existing road off of Union Center Road so the County didn’t need to reissue a permit for it.  They are not changing what exists now.  Chairman Shultis will speak with Mike Contona of the County regarding this matter.  The subdivision map will be revised according to tonight’s comments and submitted when complete.

KAIPPEL & CAHILL - (2003-13) - 20 & 24 Old Mill Road, Rifton, NY
                     Lot Line Adjustment
                     Tax SBL #71.030-3-10.1 & 9

Attorney James Melbert represented the applicant at this meeting.  Miles Putman of Shuster Associates gave his project review on this application.  A copy of the same is on file and a copy was given to Mr. Melbert.  This request is for a re-approval of a lot line adjustment that had been originally approved in May of 1996 but never filed.  Discussion was had regarding the prior conveyance of land from Kaippel to Chilcott which was approved in 10/96 and filed with the County.  ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE,
THAT THE PLANNING BOARD RENDER A DETERMINATION OF NON-SIGNIFICANCE (NEGATIVE DECLARATION) PURSUANT TO SEQR AND  GRANT CONDITIONAL FINAL PLAT APPROVAL ON THE KAIPPEL AND CAHILL APPLICATION, CASE #2003-13, SINCE IT SATISFIES THE CRITERIA FOR LOT LINE ADJUSTMENTS, SPECIFICALLY SECTIONS 331.A., B., AND C. OF THE UNCODIFIED VERSION OF THE NEW LOCAL SUBDIVISION LAW, SUBJECT TO THE SUBMISSION OF TEN (10) PAPER COPIES AND ONE REPRODUCIBLE MASTER AS PROVIDED FOR IN SECTION 522 OF THE SUBDIVISION LAW.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.  It was determined that the existing mylar could be restamped and reused.

WESLEY - (Case 2003-14) - 67 No. Broadway; 155 Parsell St., Sleightsburgh, NY
         Lot Line Adjustment
         Tax SBL #56.051-2-3.111 & 56.044-2-19

Charlie Wesley was present at this meeting.  Miles Putman of Shuster Associates gave his project review of this application.  A copy of the same is on file and a copy was given to the applicant.  This application has been made to the Board for approval of a conveyance of land, with improvements, onto a residential lot from another residential lot.  Maps were reviewed.  ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD RENDER A DETERMINATION OF NON-SIGNIFICANCE (NEGATIVE DECLARATION) PURSUANT TO SEQR, WAIVE THE PUBLIC HEARING, AND GRANT FINAL PLAT APPROVAL FOR THE WESLEY APPLICATION, CASE 2003-14, SINCE IT SATISFIES THE CRITERIA OF SECTIONS 331.A., B., AND C. OF THE UNCODIFIED VERSION OF THE NEW LOCAL SUBDIVISION LAW.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.  Maps were signed.

LIGHTHOUSE BLUFF - (Case #2003-15) - 240-280 River Road, Ulster Park, NY
                     7 Lot Subdivision
                     Tax SBL #64.003-2-12

Miles Putman of Shuster Associates gave his project review on this application.  A copy of the same is on file.  The applicant is proposing a major subdivision of 6 new building lots and a dead-end road on a 43+ acre rural residential parcel situated on the western side of River Road.  In response to Shuster Associates review, the applicant’s representative (Chuck Genck) noted that regarding the encroachments mentioned, the Frankowski’s driveway is actually right against the property line on his own property, but Mr. Canino’s driveway is on this property and has a deeded easement that allows for it.  Mr. Genck stated that he has tried contacting Mr. Canino to see about deeding over his driveway to him and possibly the waterfront piece (approximately 1/3 of an acre).  It was also noted that an easement from the proposed road to the cemetery would also be added onto the plans.  Chairman Shultis noted that the Board might require that the right-of-way for the cemetery be reviewed by its attorney.  It was noted that the applicant intends to deed the road over to the Town.  The Planning Board advised the applicant’s representatives to contact the Town’s Highway Superintendent regarding the same as well as the cul-de-sac since Art Cross usually prefers hammerheads.  Chairman Shultis also advised the applicant to get a copy of the Town’s highway code to get an understanding of the construction standards for the road.  It was noted that the Highway Superintendent and the Town Board are the ones who approve and accept the road.  Russ Shultis felt that a drainage study would be required on this application.  RUSS SHULTIS MADE A MOTION, SECONDED BY LINDA SMYTHE , THAT THE APPLICANT ESTABLISH AN ESCROW ACCOUNT IN THE AMOUNT OF $2,500 FOR THE POTENTIAL COSTS OF REVIEW BY CHAZEN ENGINEERING ON THIS PROJECT.  ALL MEMBERS PRESENT VOTED IN FAVOR OF THE MOTION WHICH PASSED BY A 5-0 VOTE.  The applicant was advised to contact the County regarding the road access onto River Road and that County Health Dept. approval would be required.  It was requested that proposed wells and septic locations be shown on the plat as well as clearing lines and buffers.    It was also recommended that the Central Hudson easement be shown on the plat.  A revised map reflecting tonight’s comments will be prepared and submitted.  Once the application is deemed complete it will have to be referred to the Town’s Waterfront Advisory Board.  A Full Environmental Assessment Form (Part 1) was also requested.
 
MISCELLANEOUS BUSINESS

Presubmission  - Brown (Floyd Ackert Road, Lot Line Adjustment)

At this time, Dennis Suraci excused himself from the Board.  Maps were reviewed.  It was explained that this lot line adjustment was being proposed so that his neighbor could add on to her home.  Setback requirements were discussed and it was noted that both lots involved in this lot line adjustment are undersized for the R12 district and the side lot line would have to be 20’ or more from each building.  Area variances would be required if the side yard is closer than the required setback and if any of the existing undersized lots are reduced further.   Discussion was had about an existing garage from 1940 being on the lot line as well as a retaining wall.  Miles Putman felt that the Board would have to see an accurate map (old site plan) of both sites to see where the garage is and what kind of setbacks exist.  This would show what setbacks would be grandfathered.

ZBA Referrals

Three (3) ZBA referrals (Bunten, Butterfield & Venditti) were received by the Planning Board and discussed.  Chairman Shultis noted that regarding Butterfield, who is going for a use variance, the Planning Board may want to request that the ZBA put as a condition on any use variance approval that a site plan review by the Planning Board be required.

Correspondence

A list of monthly correspondence received by the Planning Board was given to each Board member.
Chairman Shultis noted that on Tues., April 29, at the County Building, there would be a seminar on site plan review for anyone who would like to attend.

Miscellaneous

Logging regulations were discussed.  In addition, Dennis Suraci wondered when owners would have to come before the Planning Board if they were putting in a parking lot.  He stated that there are a couple of parking lots going in and he hasn’t seen any applications before the Board.  He thought that something of the scale that they are putting in would require lighting, stripping, setbacks, and landscaping.  Dennis Suraci will check with the Building Dept. regarding this matter.  Dennis also had information pertaining to accessory apartments.  He tabled his findings on this until next month so Fred Zimmer and Kathy Weitze are present for the same.

Adjournment

WITH NO OTHER BUSINESS PENDING, LINDA SMYTHE MADE A MOTION, SECONDED BY ROXANNE PECORA, TO CLOSE THE MEETING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION.  MEETING ADJOURNED.

        Respectfully submitted,

        Kristy L. Nelson
        Secretary