TOWN OF ESOPUS
PLANNING BOARD MEETING MINUTES
April 28, 2005

BOARD MEMBERS PRESENT: John McMichael
    Roxanne Pecora
    Russ Shultis, Chairman
    Linda Smythe
    Chuck Snyder
    Dennis Suraci
    Fred Zimmer

ALSO PRESENT:  Miles Putman, Shuster Associates, Planning Board Consultant
(For Portions of Mtg.)  Dan Shuster, 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.

Minutes

Chairman Russ Shultis requested that the following changes be made to the March 24th and April 12th Planning Board meeting minutes:

· For the March 24, 2005 minutes, on page 2 under Van Velsen, for clarity Chairman Shultis noted that regarding the statement, ‘He explained that the Town would not give them approval unless they have some kind of transmittal from the County saying yes this is feasible, and the County, at this point has said that; now they will proceed with bringing the road up to specs of the County.’, the County will not be doing anything with bringing the road up to specs.  ‘They’ here is the applicant.

· For the April 12, 2005 workshop minutes, on page 2, the paragraph beginning with ‘Dennis Suraci questions’, Chairman Shultis noted that the sentence containing ‘cease and assist’ should be ‘cease and desist’.

ROXANNE PECORA THEN MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THE PLANNING BOARD APPROVE THE MARCH 24, 2005 PLANNING BOARD MEETING MINUTES AND THE APRIL 12, 2005 PLANNING BOARD WORKSHOP MEETING MINUTES AS AMENDED AND APPROVE THE APRIL 5, 2005 PLANNING BOARD WORKSHOP MEETING MINUTES AS PREPARED.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.

Vouchers
A MOTION WAS MADE BY ROXANNE PECORA 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 7-0 VOTE. The only voucher submitted and read was as follows:

 Kristy L. Nelson.................(03/19/05 - 04/22/05)..............................................   34.5 Hrs.
 
Miscellaneous
Board Member Roxanne Pecora passed around a sympathy card to be signed by the Planning Board members and sent to the Planning Board’s attorney, Peter Graham, on the passing of his mother.
It was noted that a Sewer Reserve Resolution reserving 15% (96,900 gallons per day) of the current allowed flow of 646,000 gallons per day was adopted by the Town Board at their April meeting.

PUBLIC HEARING & OLD BUSINESS

MAGNIFICO - (2005-02) - 227-231 Hardenburgh Road                        Minor 3 Lot Re-Subdivision (from 2 Lots)
                                              SBL #71.001-3-24.2 & 51
 
Applicant George Magnifico’s son and the applicant’s consulting surveyor were present at this meeting.  This proposal is for the re-subdivision of a 2.7 acre residential lot and an abutting 1/2 acre vacant lot, to create three conforming building lots, two of which will be vacant.  RUSS SHULTIS MADE A MOTION, SECONDED BY CHUCK SNYDER, THAT THE PLANNING BOARD OPEN THE PUBLIC HEARING FOR MAGNIFICO, CASE 2005-02.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.  Chairman Shultis called for public input.  None was made.  LINDA SMYTHE MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD CLOSE THE PUBLIC HEARING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.

Next, Chairman Shultis opened the floor up to the Planning Board members for comments and questions.  With no comments from other Board members, Chairman Shultis then expressed his concerns which were as follows:

· Russ felt the Owners’ Consent to File Block’ should reflect all owners and requested that the block be amended to reflect all the owners of record.  Mr. Magnifico noted that letters of authorization were submitted by all owners involved and stated that he was under the impression that these letters gave him the authority to sign for all of the owners.  Russ Shultis stated that he preferred to have all the owners of record on the Consent to File Block.  There was some questions whether this was required by law and/or the County for filing the map.  Chairman Shultis will check with the Planning Board’s attorney regarding the same and let the applicant’s surveyor know about the outcome.

· Russ Shultis stated that he would like to see the wording regarding the road easement amended to reflect the wording in the Town’s Subdivision Code, Section 107-25.B. (“Reserved for Street Realignment, Widening or Maintenance Purposes.”).  Russ felt the word ‘granted’, as the map note currently states, was confusing.

· After reviewing the site, Chairman Shultis advised the rest of the Planning Board that about half of this property is nothing but rock where the houses are proposed.  Russ, in his opinion, had questions about the driveway grades, and he did not think this proposal was the best use of the property given how the property is laid out.  He personally felt the property would be better suited for a 2 lot subdivision with a driveway at the southern end of the property leading up to the top of the property for the house and then re-orient the septic systems to run north/south which would give an offset from the road.

It was noted that the Board is in receipt of copies of Health Dept. and Highway Dept. approvals.  Drainage was then discussed.  The applicant’s surveyor noted that the drainage issues along the road were covered by Allan Larkin and himself on site when they had a meeting for the driveway permits.  The results were that basically they would take the drainage from the top of the first lot (Lot 1) up slope via a swale along the shoulder and bring it down to the existing culvert which is basically the way it wants to go anyway.
LINDA SMYTHE THEN MADE A MOTION THAT THE PLANNING BOARD RENDER A NEGATIVE DECLARATION PURSUANT TO SEQR AND GRANT CONDITIONAL FINAL PLAT APPROVAL SUBJECT TO THE FOLLOWING CONDITIONS:

· THE OWNERS’ CONSENT TO FILE BLOCK BE AMENDED, IF REQUIRED; AND
· THE SUBMISSION OF TEN (10) PAPER PRINTS AND A REPRODUCIBLE MASTER PLAT SIGNED BY THE APPLICANT/OWNERS AS APPLICABLE

Discussion was had regarding the road reservation wording on the map.  It was decided to let the motion fly as made.

FRED ZIMMER SECONDED LINDA SMYTHE’S MOTION.  ALL MEMBERS PRESENT WITH THE EXCEPTION OF RUSS SHULTIS AND JOHN MCMICHAEL, WHO VOTE NO, WERE IN FAVOR OF THE MOTION.  MOTION CARRIED BY A 5-2 VOTE.

Chairman Shultis will contact Meddenbach & Eggers regarding the Consent to File Block on the map as soon as possible.

OLD BUSINESS

MAHAIRAS - (2002-10) - 100-120 Carney Road, Rifton, NY
                    6 Lot Major Re-Subdivision w/Private Road
                    SBL #63.003-3-22.4

Attorney Joe Pisani and Engineer John Davidson represented the applicant at this meeting.  Chairman Shultis reminded everyone that as discussed at a previous Planning Board workshop meeting, the Planning Board had a concern about the cost estimate for the road and how it reflects what was stipulated in the conditional preliminary plat approval that was granted back in July 2004.  Joe Pisani submitted, for the record, a copy of a contract with a local contractor, Mr. Slattery of Connelly, NY, in the amount of $115, 731 along with a copy of an updated estimate for the blacktopping in the amount of $40,000.  RUSS SHULTIS THEN MADE A MOTION THAT THE PLANNING BOARD EXTEND THE CONDITIONAL PRELIMINARY PLAT APPROVAL FOR THE MAHAIRAS SUBDIVISION, CASE 2002-010, WITH THE CONDITIONS THAT THE APPLICANT STILL MEET THE 7 CONDITIONS OUTLINED IN THE APPROVAL OF JULY 26, 2004.  At this time, Mr. Pisani requested that the sum of the letter of credit, due to the fact that the road is going to cost $155,000 from a local reputable contractor and the fact that the Board is dealing with two (2) individuals who own this property who are of modest means, be reduced from $222,000 to $200,000.  RUSS SHULTIS WITHDREW HIS MOTION.  Russ Shultis noted that the blacktop estimate was for 60 days and asked John Davidson if he anticipated meeting this requirement.  John stated that it should be no problem since the road is only 850’ long; it’s entirely doable.  Doing some calculating, Russ Shultis noted that $200,000 falls within the code that requiring 120% of the cost.  RUSS SHULTIS MADE A MOTION, SECONDED BY LINDA SMYTHE , TO GRANT CONDITIONAL PRELIMINARY PLAT APPROVAL WITH THE FOLLOWING CONDITIONS:

· CONDITIONS 1-6 AS SHOWN IN THE MOTION OF JULY 26, 2004 REMAIN IN EFFECT, AND CONDITION NUMBER 7 SHALL READ ‘THE APPLICANT MUST COMPLY WITH TOWN CODE CHAPTER 107, ARTICLE VI, AND IN ACCORDANCE WITH 107-31.B.2, THE APPLICANT WILL DELIVER TO THE TOWN AN IRREVOCABLE LETTER OF CREDIT IN THE SUM OF $200,000 FOR ROAD CONSTRUCTION.

ALL MEMBERS PRESENT WITH THE EXCEPTION OF FRED ZIMMER AND CHUCK SNYDER, WHO ABSTAINED, WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0-2 VOTE.
VAN VELSEN - (2004-29) - 113 Esopus Ave. & 314 Union Center Rd., Ulster Park, NY
                                Minor 4 Lot Re-subdivision (from 2 Lots)
                      SBL #63.004-7-36.1 & 38

No representation was present for this application at the meeting.

STEFANIS - (2003-26) - 451 Broadway, Port Ewen, NY
                 Site Plan - Auto Sales
                 SBL #64.001-1-5

No representation was present for this application at this time in the meeting.  (Note:  This application was taken up later in the meeting.)

BELLEAIRE RIDGE, LLC - (2005-07) - Salem St./Mt. View Ave./Agnes St.
                                                      Major 36 Lot Subdivision
                        SBL #56.075-1-56.1

Terri Hahn of LADA, P.C. and Chuck Genck represented the applicant at this meeting.  This project that affects close to 50 acres of undeveloped land will consist of a 36 lot subdivision inclusive of streets and utilities.  Ms. Hahn explained that they prepared and submitted a Long Form EAF for this project based on the plans the Planning Board had in front of them.  In response to Board Member Roxanne Pecora’s request for a possible ball field, a revised proposal was then presented which gets rid of the cluster development (Salem Court), adds some rear flagged lot scenarios in order to make up for the cluster units, and provide the land proposed originally as Salem Court for recreation purposes; still maintaining the 36 lot count.  Board members agreed that they like the revised layout a lot better, but felt instead of a ball field, the land be left as a buffer or possibly a park.  John McMichael had a concern with the hammerhead and the driveway coming off the ‘T’.  Terri Hahn explained that the ‘T’ is specifically set up as an extension of the road to allow for the potential connection to the adjoining property and is technically considered part of the Town road.  John was concerned about the snow plowing.  Ms. Hahn stated that they could always add a little extension into the property line.  Chairman Shultis reminded John McMichael that the Highway Dept. will be reviewing this proposal at some point in time and make its recommendations.  Terri Hahn then noted that this revised plan would not significantly change the EAF as submitted.  Next, the walking path to the school was discussed as well as sidewalks.  It was agreed that this was a matter that still needed to be worked out, and it was suggested that the applicant approach the Highway Dept. and the Water & Sewer Superintendent as well as the school district regarding the same.  Russ Shultis requested of Mr. Genck that he be notified of any meetings scheduled with these dept. so he can sit in on the same.  Regarding the new proposal, Fred Zimmer asked if area where they have the little league field shown would be dedicated to the Town.  Terri Hahn stated yes, that was their intent.  She added that these 5 acres would be their donation of land in lieu of rec fees.  It was agreed that the Planning Board would wait on declaring a lead agency until it is decided how the proposal will proceed as far as the walkway is concerned.

STEFANIS - (2003-26) - 451 Broadway, Port Ewen, NY
                 Site Plan - Auto Sales
                 SBL #64.001-1-5

Applicant Achilles Stefanis was present at this point in the meeting.  The applicant proposes redeveloping the upper, westerly portions of the site into a used car display and sales lot, with channelized access and delineated parking.  The existing shed building will be retained and placed on a new location and occupied as a sales office.  Achilles Stefanis explained that the State DOT reviewed his map and provided him with a list of recommendations to follow.  A copy of the same is on file.  In addition, the Ulster County Planning Board’s referral response of 4/6/05 had some modifications.  At this point in time, Mr. Stefanis will take and bundle what the State and County wants into a revised plan.  It was noted that a letter from Don Kiernan of the Port Ewen Water & Sewer Dept. was received by the Planning Board.  A copy of the same was given to the applicant.  In closing, for the record, Chairman Shultis noted that he personally saw the applicant, on a Sunday morning, cleaning up his property.

SOMERSET DEVELOPMENT, LLC - (2005-03) - 597 Broadway, 122, 128 River Road, 35 Black Farm Court, Port
                    Ewen, NY
                  PUD Re-Design
                  SBL #56.020-23-25; 64.001-1-8, 11, 12, 13, 14, 16, 24 & 25;           64.001-2-1, 2 & 13.2

A number of representatives were present for the applicant at this meeting.  Dan Shuster of Shuster Associates, the Planning Board’s consultant, reminded everyone that 2 months ago the Board and the applicant reviewed the history of this project and the process that is now being embarked on.  He added that basically the Planning Board’s initial task will be to consider the proposed revised plan in the following two (2) respects:

1.  Does it open up the environmental findings that were made as part of the original approval and, if so, to what
     extent?

2.  Are the changes of the plan substantial enough to require action by the Town Board and, if so, how does the
     Board feel about the direction the plan is taking?

Dan stated that he would be confining himself tonight to talking about the SEQR aspects.  He noted that the applicant has submitted a variety of data regarding the impacts generated by the revised plan and he has reviewed the same.  Dan Shuster explained the basic groundrules for reconsideration of SEQR findings.  He then reviewed the changes in the development program and gave a brief summary and commentary on the data submitted by the applicant regarding site disturbance, grading and vegetation, visual impacts, wetlands and waterbodies, utilities (water supply, wastewater disposal, stormwater run-off), traffic, land use, demographics, and fiscal.  In concluding, Dan stated the revised project reduces or has no affect on some of the impacts previously identified.  However, he felt there was not sufficient information or questions raised regarding the analysis of a number of the changes to other possible impacts.  Dan Shuster recommended that the applicant respond to these questions and provide additional clarification prior to a decision as to the extent to which the SEQR Findings must be revisited.  A written copy of Shuster Associates’ Analysis of Comparative Impacts for the Hudson Point PUD (formerly Esopus Lakes) dated April 28, 2005 is on file.

At this time in the meeting, Chairman Shultis provided the applicant with a copy of the April Resolution adopted by the Town Board regarding a sewer reserve along with a copy of the Port Ewen Water & Sewer Superintendent’s information sheet given to the Planning Board regarding the same.  It was then noted that an escrow account has been established for this application.

Next, Stuart Messinger, the applicant’s engineer, talked about the comparison of impacts, responded to some of Dan Shuster’s questions, and indicated to the Board that they are going to provide some of the additional verification that the Board is asking for.  He noted that they were working on getting grading information and will submit simulations of visual impacts.  In addition, after receiving tonight’s information on the sewer reserve, Stuart Messinger noted they will have to go back and look at the numbers regarding wastewater disposal and also agreed to go back and look at the traffic information pertaining to the intersection of 9W and Salem St.

Attorney Joe Ariel of Veneziano and Associates, the applicants attorney then noted that a number of the consultants who helped in preparing some of the documents that Dan Shuster referred to were present at the meeting and asked that the Board feel free to ask about any of the specific reports or issues.  He then, recapped what Dan Shuster said noting that what they are heading for at this stage at the Planning Board level is the Board’s report to the Town Board as to the suitability of the PUD amendments.  In concluding, Mr. Ariel stated that their goal in the coming months is to provide the Board and its consultants with what they need to make that initial report and noted that it will not be the end of the Planning Board’s review process, but it gets them to where they can come back and start talking about the specific project.  Mr. Ariel requested that after making the necessary submissions that they meet with the Planning Board, perhaps in a workshop meeting to make sure that when they come before a formal meeting of the Board again they are able to engage in a solid discussion of where they are headed.

At this time in the meeting, the traffic engineer for the applicant from John Collins Engineering as well as the applicant’s fiscal consultant spoke briefly regarding the information already provided and on what is to be submitted.

Chairman Shultis asked for Planning Board members’ comments.  Chuck Snyder wanted to address the affordable housing issue and stated that his concern is that of the 520 units that are being proposed, is roughly a 15% increase in all the housing in the entire Town.  He wanted to see, as was presented in the Fall, that there will, in deed, be a broad range of housing options available.  Chuck added that if the applicant plans on putting up 520 units that are all selling at 1/2 a million dollars, it would drastically affect the economic environment.  He requested that this be worked into the SEQR review.  Ralph Zucker, in reply to Chuck Snyder’s comment, stated that the whole philosophy here is a mix of units, and they will come through exactly as that.  However, he felt there were 2 issues that define affordable, one is by legislation and one is by design.  The type of community they are proposing which they will demonstrate is both; affordable, not exclusionary and open.  John McMichael had water and sewer calculation concerns.  It was noted that this will be revisited by the applicant.  Fred Zimmer did not think this PUD was even close to the last one and felt before he would give a recommendation to the Town Board he would like to see a lot more information than the Board has been given.  Fred stated that he did not like the layouts or the setbacks.  He added he would sure like to see the setbacks be more in line with the Town’s current R12 zoning.  Stuart Messinger reminded the Board that this is a concept, a very defined thing, the creation of a new village and these are the kind of setbacks that work for this kind of village.  Ralph Zucker stated that the concept they have presented can’t be done any other way.  Tony Veneziano stated that perhaps there were some other zones they could look at, like attached condos, etc.  He noted that an R12 is a certain look and it is not the look this village is about. This really is about a mixture of different types.  Dan Shuster commented that if the applicant believes this is the way to go, then they have to bring more detail, and more plans and illustrations of this type of village which has taken place elsewhere.  Ralph Zucker suggested the Planning Board, via a bus trip, visit some of these place, but noted a problem is finding the nearest one.  Dan Shuster noted that there is a similar village under construction now in Warwick in Orange County.  Linda Smythe and Dennis Suraci both stated that they like the concept.  Dennis added that his biggest focus would be water and sewer and suggested the applicant possibly look at alternative methods.  Russ Shultis stated that he was still wading through everything and didn’t have an opinion one way or the other.  Russ added that his concern, as a Planning Board member, and more so as a Town resident, is to keep the Town in focus.  He noted that one of his biggest concerns, at this point, is traffic.  Traffic was discussed somewhat and the applicant’s traffic engineer stated that this project will generate a lot less traffic than what was originally analyzed.  It was noted that the applicant has spoken to the DOT and they have not denied them an entrance where it is being proposed.  Roxanne Pecora wondered how many cars per unit they are figuring on since today the average family has 3-4 cars.  Her concerns were with parking these cars as well as traffic.  It was noted that an annual growth factor will be taken into consideration.  Next, single family houses with fee simple lots vs. condos vs. apartments were discussed.  Planning Board members had a concern regarding condominiums and tax implications.  Chairman Shultis noted that the Town’s code for a PUD does not mention condos.  It was the general consensus of the Board that they didn’t want to see condos because of the tax issue.  This matter will be further looked into, and the applicant will provide information showing what would be the most advantageous to the Town.

At this time, Chairman Shultis recapped tonight’s meeting.  The applicant is going to provide some visual impacts; an escrow is in place; Chairman Shultis will contact the Planning Board’s engineer to start the review; Tony Veneziano will talk to Peter Graham, the Planning Board’s attorney, concerning the condo-PUD issue; Ralph Zucker will do some homework on the same, and Stuart Messinger will follow up on the water and sewer information.  A workshop meeting was then requested.  Chairman Shultis stated that once the folks have gotten a chance to review the current information and the new submissions, he would be willing to have a workshop.  The applicant will be in contact with Chairman Shultis.

NEW BUSINESS

SPINNENWEBER/BUNTEN - (2005-06) - 272; 284 Broadway, Port Ewen, NY
                                                          Lot Line Adjustment
                            SBL #56.075-2-2 & 23

No representation was present for this application at the meeting.  Chairman Shultis did note that the Town has closed on the Spinnenweber property for the Town Hall and the additional 21 acres.

MISCELLANEOUS BUSINESS

Presubmissions - None

ZBA Referrals - None

Correspondence

A list of monthly correspondence received by the Planning Board was given to each Board member.

Workshop

It was suggested that a workshop meeting be set up with the Port Ewen Board of Fire Commissioners regarding their concerns as expressed in their April 2005 letter.

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