BOARD MEMBERS PRESENT: John McMichael
Russ Shultis, Chairman
ALSO PRESENT: Miles Putman, Shuster Associates, Planning Board Consultant
At 7:00 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.
Russ Shultis had a correction to page 5 of the March 25, 2004 Planning Board meeting minutes. Under DiLorenzo, the last sentence, the vote on the second motion, should read ‘ALL MEMBERS PRESENT, WITH THE EXCEPTION OF RUSS SHULTIS WHO VOTED NO, WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-1 VOTE.
LINDA SMYTHE THEN MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD APPROVE THE MINUTES OF THE MARCH 25, 2004 PLANNING BOARD MEETING AS AMENDED. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.
A MOTION WAS MADE BY ROXANNE PECORA AND SECONDED BY FRED ZIMMER TO ACCEPT ALL VOUCHERS SUBMITTED AND READ. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH PASSED BY A 7-0 VOTE.
The vouchers submitted and read were as follows:
Kristy L. Nelson...........(3/20/04 - 3/26/04).................................................
Daily Freeman..............(DiLorenzo Public Hearing)................................. $13.11
· Chairman Shultis noted the receipt of a NYS DEC letter dated March 23, 2004 regarding input sessions on updating the Flood Insurance Rate Maps. Planning Board Consultant Miles Putman noted that he would be attending next Wed.’s session.
· Chairman Shultis reminded Board members of the County seminar
to be held on Thurs., 3/29 at the County building.
· Correspondence related to the Magliato application was discussed. Planning Board member Roxanne Pecora will follow-up on the Town Supervisor’s letter regarding the closed escrow account and an unpaid Chazen Engineering bill.
PUBLIC HEARING & OLD BUSINESS
DILORENZO - (2004-010) - 98 Soper Road, West Esopus, NY
2 Lot Minor Re-Subdivision
Mr. & Mrs. DiLorenzo were present at this meeting. RUSS SHULTIS MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THE PLANNING BOARD OPEN THE PUBLIC HEARING FOR THE DILORENZO APPLICATION, CASE 2004-10. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE. At this time, Chairman Shultis called for public comments.
Aileen Egan of 73 Soper Road had concerns about her well; specifically, it going dry, having less pressure, and being contaminated. In addition, Ms. Egan felt the rural area of Soper Road was now turning into a neighborhood type situation with less privacy. Ms. Egan pointed out the approximate location of her well. Maps were reviewed. Kathy Weitze asked about the depth of the Egan well. Aileen Egan thought her well was about 200’ deep. Chairman Shultis noted that per the Town’s subdivision code, the DiLorenzo proposal is a minor subdivision. He further explained that with minor subdivisions, the Planning Board has the option of whether or not it wants to send the application to the Ulster County Health Dept. for their review. However, even if the Board didn’t send the application to the Health Dept., part of the building process would involve the Health Dept. making sure a well and septic can be put on that particular lot. In addition, Chairman Shultis noted that the house, well and septic sites as shown on the subdivision map are only proposed. The Health Dept. approves and determines the placement of the septic system. Russ Shultis added the Planning Board cannot guarantee water quality or quantity. Regarding Soper Road becoming a neighborhood, Fred Zimmer reminded Ms. Egan that this proposal was in an R40 zone and meets the code for the same. In addition, Fred noted that Town Subdivision Code 107-28C6 allows the Planning Board to require the applicant to show the location and ownership of wells and sewage disposal systems on adjacent sites within 100’ of the property line. Applicant Carl DiLorenzo stated that Gary Myers of the Health Dept. came to the property and plotted the approximate location of the septic systems and their reserves. Chris Zell of Brinnier and Larios, the applicant’s engineer, estimated from the well cap of the Egan’s well that it was, at least, 100’ away. It was noted that the DiLorenzos had a Board of Health permit for Lot 2B which expired and is currently being renewed. However, they were holding off on Health Dept. approval for Lot 2A until the building permit process as discussed at last month’s meeting. Dennis Suraci felt there was ample room on the property to pull the septic system back parallel to the house. Fred Zimmer felt in this case, the Planning Board should require Board of Health approval before making a decision. Discussion was had. WITH NO OTHER COMMENTS TO BE MADE, ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, TO CLOSE THE DILORENZO PUBLIC HEARING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.
At this time, Dennis Suraci asked Chris Zell, the DiLorenzos’ engineer,
if there was ample room to build a house, septic and well and not infringe
on the lady across the street. Chris Zell said yes and noted that
he would show the Egan’s well on the map. RUSS SHULTIS MADE A MOTION,
SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD HAVE THE APPLICANT MAKE
THE FOLLOWING CHANGES TO THE MAP:
1. THE PROPOSED LOT LINE SHOULD BE LABELED AS SUCH WITH CORRESPONDING METES AND
2. FIX THE SPELLING ON THE MAP AS DISCUSSED BETWEEN CHAIRMAN SHULTIS AND CHRIS
3. HAVE THE APPLICANT’ SURVEYOR ESTABLISH THE LOCATION OF THE WELL ON THE EGAN
HAVE THE APPLICANT APPROACH THE ULSTER COUNTY HEALTH DEPT. ABOUT THE CONCERNS ON LOT 2A IN REGARDS TO THE LOCATION OF THE PROPOSED SDS SYSTEM IN RELATION TO THE WELL ON THE EGAN PROPERTY. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.
The applicants were also reminded to submit the Health Dept. renewal for Lot 2B as soon as it is received.
LAMIRAGE - (2004-03) - 423 Broadway, Ulster Park, NY
Site Plan Amendment
Tax SBL #56.020-3-28.2
The applicant is proposing some minor building renovations and relocation
of an outdoor gazebo. The parking area on the site was expanded last
year without appropriate site plan approvals as required by Section 123-47
of the Town’s zoning law. Miles Putman of Shuster Associates, the
Planning Board’s consultant, gave his application review for this case.
Applicant Sam Adel and his engineer, Jim Zieger, were present at this meeting.
A copy of the same is on file and a copy was given to the applicant.
At this time, the Planning Board reviewed the letter from NYS DOT dated
April 16, 2004 regarding this property. Jim Zieger noted that they
are aware of what the DOT is requesting, and they had a productive meeting
with the DOT. He added that he had already made many of the changes
on the plan, but only had one copy. The one revised map was reviewed.
Chairman Shultis asked if the State had seen the revised site plan.
Mr. Zieger said no. He then noted that they plan to put up two luminated
signs with a French/European look; one on each side of the building.
Roxanne Pecora requested the applicant submit measurements and other information
regarding the sign. Access was discussed. It was recommended
that directional arrows and entrance/exit signs be added. In addition,
Chairman Shultis suggested indicating on the map that the access closest
to 9W off of Catherine Street would be closed off or indicate that it would
be maintained as an access. Landscaping, lighting, and handicapped
parking were then discussed. Fred Zimmer noted that the front yard
setback requirement is 40’, however, the canopy is 25’. Fred wondered
if a variance was needed. Miles Putman stated that if it pre-exists,
a variance wouldn’t be needed and suggested letting the building inspector
make that call. Miles added that, in the long range, it improves
an existing problem. Jim Zieger noted that the applicant was looking
to put a deck on for which the plans have been drawn. He wondered
if Mr. Adel could go ahead and proceed with the deck. It was the
Planning Board’s feeling that an approved, signed site plan is needed before
a building permit should be issued (123-47.A(1)). Chairman Shultis
asked Mr. Zieger if he could get the updated site plan submitted to the
Town Clerk’s office by Wed., April 28. Jim Zieger said yes.
ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING
BOARD FOR LAMIRAGE, PROVIDED THEY HAVE THEIR MAPS TO THE BOARD BY THE 28TH,
NEXT WEEK, SEND THE MAPS TO THE ULSTER COUNTY PLANNING BOARD FOR REVIEW
AND TO THE PORT EWEN FIRE COMMISSIONERS FOR REVIEW AND COMMENT. ALL
MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.
AT THIS TIME, JOHN MCMICHAEL MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT
THE PLANNING BOARD GRANT CONDITIONAL APPROVAL TO THIS PLAN ON THE CONDITION
THAT THE COUNTY AND FIRE DEPT. APPROVE THE SAME AND THE APPLICANT SUBMITS
10 COPIES DELIVERED TO THE PLANNING BOARD TO BE SIGNED. BY A 2-5
VOTE THE MOTION FAILED. THE VOTE WAS AS FOLLOWS:
FRED ZIMMER.......................NO JOHN MCMICHAEL...............YES
DENNIS SURACI....................NO RUSS SHULTIS........................NO
KATHY WEITZE.....................NO ROXANNE PECORA..............NO
Chairman Shultis noted that the Planning Board had not yet decided whether it wants to have a public hearing on this application. It was felt that a complete set of plans need to be before the Board before it can decide on that matter. It was also requested that the applicant show the State the updated site plan and get documentation from them for the file.
COOPER - (2004-05) - 611 Old Post Road, West Esopus, NY
5 Lot Major Re-Subdivision
Tax SBL #71.002--3-19.1
Dennis Cooper was present at this meeting. The applicant is proposing
a 5 lot major re-subdivision in an R-40 district with substantial road
frontage. Lots will range from 2 to 8 1/3 acres. There is one
existing dwelling. Miles Putman of Shuster Associates, the Planning
Board’s consultant, gave his application review for this case. A
copy of the same was given to Mr. Cooper and a copy is on file. Chairman
Shultis noted that an escrow account in the amount of $1,500 had been established.
In addition, it was noted that this application would be subject to recreation
fees ($500) and the subdivision map needed to be revised to show a surveyor’s
stamp, new lot lines marked as such, and a Planning Board signature block.
The flag lot as previously proposed has since been reconfigured and now
appears to be within code. A letter from the County Dept. of Highways
and Bridges dated 4/14/04 was reviewed. The County will allow two
common accesses for the additional 4 lots at the locations shown on preliminary
plans by Gray Engineering, PC dated revised 3/23/04. Putting lot
lines down the middle of the driveways was discussed. Chairman Shultis
agreed to meet with Mr. Cooper and the County Dept. of Highways and Bridges
regarding this matter. It was felt more information was needed before
this application could be forwarded to the Board’s engineer for her review.
Dennis Suraci wondered if the Board would be looking for the location of
the well across the street. It was noted that it drops off of the
road face so it would not be necessary to show that well.
KOMASA - (2003-023) - 170 Sackett St.; Kline Lane; Hamilton Court, Port Ewen, NY
Minor 3 Lot Subdivision
Tax SBL #56.060-3-9
Mr. Komasa was present at this meeting. This proposal is for a 3 lot subdivision in an R-12 zone. Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review for this application. A copy was given to Mr. Komasa and a copy is on file. Board Member Dennis Suraci requested that elevations be shown for the houses as requested previously. Dennis suggested the applicant’s engineer contact him regarding this matter. It was also noted that the applicant was requested in 9/03 to establish an escrow account in the amount of $1,500 which had not yet been done. Chairman Shultis suggested that Mr. Komasa approach the Town’s Highway Superintendent, Al Larkin, regarding the driveway cuts and the Hamilton Court turnaround. Mr. Larkin’s written comments should be presented to the Board. It was noted that Port Ewen Water & Sewer Superintendent Don Kiernan had no concerns with the prior map. Fred Zimmer requested that the applicant show a treeline/woodline around the property. Discussion was had regarding sending this application to the Planning Board’s engineer. ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT PROVIDED THE APPLICANT PROVIDES THE PRINTS IN A SATISFACTORY MANNER, THAT MEANS HE SATISFIES ALL OF DENNIS’ CONCERNS REGARDING ELEVATIONS AND SATISFIES THE REQUIREMENTS FROM THE TOWN HIGHWAY SUPERINTENDENT ON DRIVEWAY ACCESS AND UNDERSTANDS WHERE THEY ARE APPROVED FOR AND SHOWN ON THE MAP, THAT THE PLANNING BOARD CAN SEND IT TO CHAZEN ENGINEER FOR REVIEW PROVIDED THAT THERE IS MONEY IN THE ESCROW ACCOUNT. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WITH THE EXCEPTION OF RUSS SHULTIS AND KATHY WEITZE WHO VOTED NO. MOTION PASSED BY A 5-2 VOTE.
MAHAIRAS - (2002-010) - 100-120 Carney Road, Rifton, NY
6 Lot Major Subdivision
Attorney Joe Pisani and Chris Kostigannis represented the applicant at this meeting. This proposal is for a 6 lot subdivision of 24.3 acres and it is the developer’s intent to offer the new access road to the Town as provided for in Section 107-33 of the subdivision. Joe Pisani presented the Board with 8 copies of a revised full EAF. Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review for this application. A copy was given to Mr. Pisani and a copy is on file. Joe Pisani noted that the newly submitted EAF addressed the points raised in Miles’ commentary. In addition, it was noted that an escrow account currently exists with a balance of $1,629.74. Chairman Shultis noted that this application, if approved, would be subject to recreation fees ($600) and then asked about road cost estimates. Mr. Pisani stated that prior to a public hearing, he was sure they could give the Board some estimates for the road. Russ then noted that in a conversation with Nancy Clark of the Chazen Companies, she mentioned that John Davison, the applicant’s engineer, was still in the process of packaging up the information pertaining to the drainage. Drainage was discussed. Joe Pisani noted that this property is independently owned by Mr. Mahairas who is also affiliated with Citivision and Citivision is perfectly willing to accept the drainage in their lake. Mr. Pisani stated that he could get a letter from Citivision stating that they would have no problem with drainage going into the lake. This would eliminate the need for the retention pond and possibly alleviate the creation of a drainage district. Planning Board members thought this would be a good way to go and requested the applicant submit a letter from Citivision. Chairman Shultis will talk with Nancy Clark to see what language she would like to see in the Citivision letter. At this time, Board members reviewed Town Highway Superintendent Al Larkin’s letter dated April 12, 2004. Chairman Shultis requested a copy of this letter be forwarded to Nancy Clark. Dennis Suraci still had a concern with the driveway for Lot 3 and requested that the applicant’s engineer contact him regarding the same. Joe Pisani then respectfully requested that this proposal be put down for a public hearing. KATHY WEITZE MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING FOR THIS APPLICATION AT 7:10 PM ON MAY 27, 2004. ALL MEMBERS PRESENT WITH THE EXCEPTION OF FRED ZIMMER AND RUSS SHULTIS, WHO VOTED NO, WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-2 VOTE. It was noted that this motion was contingent upon the revised maps being presented by the agenda cutoff date of May 13.
IPE ASSET MANAGEMENT, LLC - (2004-09) - 740-770 Old Post Road, West
Major 15 Lot Re-Subdivision w/New Road
Tax SBL #71.002-2-42.2
John Stinemire represented the applicant at this meeting. The applicant proposes a resubdivision of wooded, sloping lands into 15 building lots with a new road. Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his application review for this proposal. A copy of the same is on file and a copy was given to Mr. Stinemire. The applicant has requested in writing a waiver from the Board, pursuant to Section 107-7, to the standards for dead-end streets, specifically the length restriction of 1,200 feet as set forth in Section 107-21.D(2). John Stinemire submitted to the Board a revised waiver letter since the first letter referenced the wrong code. KATHY WEITZE MADE A MOTION, THAT THE PLANNING BOARD GRANT THE APPLICANT’S REQUEST FOR THE WAIVER ON THE ROAD LENGTH. Fred Zimmer called for discussion. Kathy Weitze tabled her motion. Since the road is more than double the requirement, but would have less than the allowable houses (20), he suggested, in addition to the water tank as requested by the Fire Dept., pulloffs in the road at intervals and 6’ shoulders. It was noted that the fire dept. had submitted a letter which unfortunately was not dated and did not include specifics on the water tank. Chairman Shultis stated that he did address the Town Board regarding this project and the road length, and they did not seem to have any real concern with it. Written correspondence was not submitted from TEVAS regarding the road. Kathy Weitze did not think these items would impact whether or not the Board votes on the waiver tonight because she felt these were all issues for down the road and right now the applicant needs to know whether or not this is feasible from a length point of view. Fred Zimmer thought these items would be contingent upon granting any waiver. Linda Smythe agreed with Fred. Roxanne Pecora commented that she was not in agreement with the length of the road. She believed the Town has a subdivision code for a reason, the 1,200 foot road length is there for a reason, safety issues; and she though the Board was trying to skirt the safety issues. Roxanne stated whatever could fit on a 1,200 ft. road would be fine, but she would not be in favor of anything beyond that or a waiver. John McMichael agreed with Fred Zimmer. Dennis Suraci commented that he agreed the Board should have a concern with the length and safety. However, the applicant has touched based with the fire dept., highway dept. and ambulance, who do not have a problem with the length. Dennis added that the Board has to consider that there are large lots around that would make those parcels too large to be sold and this, he felt, was a reasonable request in the sense that they are putting in water for the fire dept., they talked to the ambulance people, and they talked to the highway dept. John McMichael wondered if somebody came in to resubdivide their property on this road would the 20 house limit still apply. It was believed so, but Chairman Shultis suggested requiring deed restrictions. John Stinemire stated that there is already a deed restriction that runs with the land that indicates that no lot can be less than 2.5 acres. Dennis Suraci asked if the applicant would agree to a note on the map that there would be no further subdivision. Mr. Stinemire believed so, but had to check with the property owner. John requested that, in the interest of time, the suggestions made tonight, which they were not opposed to, be made as conditions of the waiver so that the project could move forward. Board members felt more details were needed before they would feel comfortable voting. John Stinemire was requested to submit a letter from the ambulance squad, a dated letter from the Esopus Fire Dept., show the tank that the fire dept. would like to have in place and its details, and show mitigation for the road length (pulloffs/reserve areas and 6’ shoulders on each side). In addition, it was also noted that a waiver for the circular turnaround design would have to be requested from the Town Highway Superintendent by the applicant and submitted to the Board in writing.
MORRIS - (2004-011) - 156 Broadway, Port Ewen, NY
Conditional Use Permit w/Site Plan
Tax SBL #56.59-3-14
Mr. Steve Morris was present at this meeting. Board Member Roxanne Pecora explained that she and fellow Board Member Dennis Suraci attended the last Zoning Board of Appeals’ meeting with Steve Morris. She noted that they explained to the ZBA that the Planning Board did not feel this application belonged before them, but rather felt it was a non-conforming use to another non-conforming use as stated in Section 123-30C.3. of the Town’s zoning code. After looking into the code book, the ZBA agreed. Therefore, Steve Morris is back before the Planning Board for a conditional use permit with site plan. Roxanne added that she felt there were more things the Planning Board could more readily address under a conditional use permit than the Zoning Board could. Chairman Shultis noted that Mr. Morris’ Planning Board application was amended for a conditional use permit. He added that he spoke with the applicant on the phone and explained the aspects of a conditional use permit. At this time, Steve Morris submitted a site plan map with a narrative and a drawing of what the front of the building would look like. The submissions were reviewed. Roxanne Pecora asked the applicant how he planned to mitigate any noise. It was noted that the interior would be petitioned off and insulated. In addition, he would not be making a lot of noise with the big garage door open, and he might also put in air conditioning. Colors were discussed and it was suggested that a less striking color than what was printed on the submission be chosen. Mr. Morris noted that he planned to pick a color that worked with the red that is already on the side of the building. Roxanne Pecora suggested that the applicant define the parking better. Dennis Suraci asked if there would be a filtration system in the paint room. Steve Morris stated that he planned on building a boxed filtration system. Chairman Shultis suggested directing the fan to any filtration system up. Mr. Morris added that the amount of painting that he does falls ways under the OSHA guidelines. He then submitted a copy of the guidelines as shown in the fire code of NYS. John McMichael asked about an exhaust fan in the sandblasting room. The applicant noted that he uses a suit which has oxygen fed into it and it is all enclosed in a blasting cabinet. Board members were comfortable with Steve Morris’ submission. RUSS SHULTIS MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD SCHEDULE THIS APPLICATION FOR A PUBLIC HEARING ON THURSDAY, MAY 27, 2004 AT 7:20 PM AND, IN ADDITION, THE BOARD SEND THIS APPLICATION TO THE ULSTER COUNTY PLANNING BOARD AND THE PORT EWEN FIRE COMMISSIONERS FOR THEIR INPUT. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.
PATRICK - (2004-013) - 14 Lamont Landing, Parker Avenue & Appletree
Road, Esopus, NY
3 Lot Minor Subdivision
Applicant Barbara Patrick, her attorney Richard Riseley, and her engineer Chris Zell were all present at this meeting. Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review for this application. A copy is on file and a copy was given to the applicant. This application has been made for a three lot minor subdivision of a 105+ acre riverfront estate parcel, situated mostly in the RF-1 district. Fred Zimmer noted that he would like to see metes and bounds for the earthen dock. It was noted that the dock would be moved and attached to Lot 3. Fred also asked for a dedication of the user defined road. Richard Riseley informed the Board that they would not give a dedication, however, they had no problem with putting a note on the map that 25’ from either side of the centerline is reserved for future road widening or improvements. John McMichael had a concern with 2 houses on one lot. Miles Putman noted that the building dept. previously has said that the subdivision of a large parcel with 2 dwellings constitutes a change in that non-conformity, having 2 dwellings on one lot. It was noted that the turnaround easement as shown on the map reflects former Highway Superintendent Art Cross’ letter from 1999. Kathy Weitze asked how the existing right-of-ways would be affected. Richard Riseley noted that they were shown on the map, and they would not be changed. Chairman Shultis suggested that the Board may want to require something along the lines of what was required for the Capri, a block on the map that says whatever is in affect remains in affect. Fred Zimmer thought the right-of-ways’ metes and bounds should be shown. Richard Riseley agreed to take care of that. Chairman Shultis wondered what required zoning setbacks had to be followed for Lot 1, R12 or RF1. Miles Putman read from the zoning code. It was noted that where the Board has a lot divided by a district line, the regulations for each district shall apply except that, where a district boundary line located no further than 50’ away from a lot line of record, then the regulations applicable to the greater part of the lot are deemed to apply to the entire lot (Section 123-8F.) It was determined that the house for Lot 1 is in an R12 district and meets the required setbacks. Applicant Barbara Patrick noted that an application had been made to the Health Dept. Chairman Shultis then noted that the proposed driveways would need Highway Dept. approval and added that he was not happy with the location of the driveway to Lot 2. Richard Riseley will pursue this matter. Russ Shultis added that he had a concern with the pre-existing non-conforming use, 2 houses on 1 lot. Options to rectify this would be to subdivide the two houses onto separate lots, or get a use variance from the ZBA to allow 2 houses on 1 lot. Richard Riseley felt a use variance was to use the property for something that was not permitted, and he did not think under the law, or anything in the Town’s zoning law, says they need a variance. Mr. Riseley suggested following proper procedures. He noted that the Building Dept. has to tell them what they are doing is illegal. Mr. Riseley will then appeal that decision for an interpretation. Richard Riseley will speak with the Building Dept. Next, Chairman Shultis requested that the applicant take care of the open building permits on her property. Fred Zimmer noted that there were no contours on the map and suggested a waiver be requested for the same if the applicant does not want to provide them. Through a straw poll, it appeared that the Board members would not require contours, however, it was suggested that the applicant, per the code, address this in a waiver request along with any other elements of the subdivision code (Section 107-28C., page 10731). To recap, the applicant will show metes and bounds for the dock with it attached to Lot 3, show dashed lines on either side of the road for future road widening and improvement on Parker Lane with a notation (wording in the code), give a description of the turnaround easement, show the bounds of the rights-of-way to the Barron property shown by a dotted line, have the driveways approved by Highway Superintendent, and provide a specific waiver request of any requirements, such as the contours, which they haven’t yet shown. Richard Riseley added that he would now prepare a coastal assessment form.
At this time, Roxanne Pecora commented that she did not think the Planning Board belonged in the business of dealing with building permits and felt Chairman Shultis was wrong bringing that item forward regarding the Patrick application. Russ Shultis disagreed along the lines that it is in the zoning code that a building, addition, or structure should not be occupied without the required C.O. The building permits were expired, therefore, the applicant did not act on them and get the necessary C.O., which is a violation of the code and that is why Chairman Shultis addressed it. This discussion was tabled so as to continue on with the meeting agenda.
VALENTINE - (2004-014) - 1097-1115 Broadway & 7 Parker Ave., Esopus,
Lot Line Adjustments; Reconfiguration of 3 parcels
SBL #72.009-2-5, 15 & 16.2
Applicant Brad Valentine was present at this meeting. Chairman
Shultis went over Shuster Associates’ project review for this application.
A copy of the same is on file and a copy was given to the applicant.
Brad Valentine noted that since he put in his initial application, he has
hired an engineer who met with Gary Myers of the Board of Health.
Mr. Valentine added that they plan to put in an in ground septic system
approved for a 2 bedroom house in the northeastern corner of Parcel C.
The applicant also noted that the existing shed shown on Parcel C would
be removed and replaced with a 26’ x 32’ house. Maps were reviewed.
Brad Valentines’ father noted that they are in the process of having a
new deed drawn up to indicate Parcel A and what is labeled on the map as
the Valentine property as one parcel. The Planning Board asked the
applicant to approach the DOT in Kingston on Quarry St. and get something
in writing saying they have no concerns with this proposal. Brad
Valentine was also requested to revise his maps to show an owners’ consent
to file block, a Planning Board signature block, a bulk regulation block,
metes and bounds, lot lines labeled (to be deleted; proposed), a proposed
house, well, septic, and driveway, and contours. ROXANNE PECORA MADE
A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD APPROVE THIS
APPLICATION AS A SKETCH PLAN. ALL MEMBERS PRESENT WERE IN FAVOR OF
THE MOTION WHICH CARRIED BY A 7-0 VOTE.
CARLE- (2004-015) - 196 Horton Lane, Port Ewen, NY
Conditional Use Permit - 1 Family to 2 Family Residential
Applicant Edward Carle and Realtor Lorrie Morse were present at this meeting. Chairman Shultis went over Shuster Associates project review for this application. A copy of the same is on file and a copy was given to the applicant. Lorrie Morse noted that this house was built as a 2 family house in 1960 and has always been used as such. Lorrie presented a copy of the county record showing it was built in 1960 as a two family residence. However, the Building Dept. has no certificate of occupancy on file for a two family unit. She also noted that the building dept. has a copy of a survey that shows the whole lot as one parcel with one deed. Maps were reviewed. Access was discussed. There was some question as to why this applicant was before the Planning Board. Kathy Weitze felt it might be to the applicant’s benefit to get this legalized so once again if he decides to sell the house, he doesn’t have to turn it back into a 1 family house. The conditional use process was explained to the Mr. Carle and he was advised to get a copy of the Town’s zoning code. Mr. Carle was then advised that his options were to pursue the conditional use permit before the Planning Board or go to the Building Dept. with a Planning Board member to try to change the Building Dept.’s opinion of this. It was agreed that Board Member Roxanne Pecora would go with the applicant to the Building Dept. for a determination and if that doesn’t pan out, then Mr. Carle would come back before the Planning Board for a Conditional Use Permit.
HERMANCE- (2004-016) - 4 & 28 Hermance Road @ 761 Broadway, Ulster
Lot Line Adjustments
SBL #64.003-5-17, 21 & 22
Marilyn Hermance and Attorney Wayne Graff were present at this meeting.
Chairman Shultis went over Shuster Associates’ project review for this
application. A copy of the same is on file and a copy was given to
Discussion was had regarding a road dedication or a road reservation area. Attorney Wayne Graff noted that Marilyn Herman already owns the land being added to her existing parcels since her mother-in-law left them to her in her will. However, they can’t record a deed and straighten it on the tax records without getting Board approval. He also noted that they are not creating any new lots. Maps were reviewed. The majority of the Planning Board did not think the road reservation matter was an issue for the Board since this was a lot line adjustment. ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, TO WAIVE THE PUBLIC HEARING FOR THIS LOT LINE ADJUSTMENT APPLICATION. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE. ROXANNE PECORA THEN MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD APPROVE THE LOT LINE ADJUSTMENTS FOR THE HERMANCE APPLICATION, 2004-16. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE. The applicant was advised to submit a mylar and 6 paper copied sign by the property owners for signing.
Presubmission Conferences - None
Five (5) Zoning Board applications (Hill, Jansen, Huth, Brink and Zahedi) were referred to the Planning Board for comments. It was agreed that the following comments would be returned to the ZBA:
Hill - Chairman Shultis had a concern with additional traffic crossing
the railroad tracks; Linda Smythe was for the
Jansen - No comment.
Huth - The Planning Board was in favor of this proposal.
Brink - Chairman Shultis was not in favor of this proposal. No other comments.
Zahedi - No comment.
A list of monthly correspondence received by the Planning Board was given to each Board member.
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.
Kristy L. Nelson