TOWN OF ESOPUS
PLANNING BOARD MEETING
APRIL 23, 2009

BOARD MEMBERS PRESENT: Roxanne Pecora, Chairperson
Charles Wesley
Fred Zimmer
Michael Minor
Dennis Suraci

BOARD MEMBERS EXCUSED: Darin DeKoskie (arrived at 7:30 p.m.)

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 PM beginning with the Pledge of Allegiance to the Flag. Roxanne then 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 March 18, 2009 or March 26, 2009 meetings. No corrections or changes were made.

MIKE MADE A MOTION TO APPROVE THE MINUTES OF THE MARCH 18,
2009 MEETING, SECONDED BY CHARLIE. MOTION PASSED WITH A
VOTE OF 4-0. VOTE WAS AS FOLLOWS:

Charlie……………….yes
Michael………………yes
Dennis………………..yes
Roxanne……………...yes
Fred…………………..abstained

MIKE MADE A MOTION TO APPROVE THE MINUTES OF THE MARCH 26,
2009 MEETING, SECONDED BY CHARLIE. MOTION PASSED WITH A VOTE
OF 4-0. VOTE WAS AS FOLLOWS:

Charlie………………yes
Fred…………………yes
Michael……………...yes
Roxanne……………..yes
Dennis....…………….abstained

VOUCHERS:

M. L. Putman Consulting (Month of March, 2009)..……………………………$2,250.00
Daily Freeman (Stewart’s Shop)………………………………………………...$ 10.80
Clough Harbour (Percivalle)…………..…………………………...……………$1,667.50
Clough Harbour (Birches)……………………………………………………….$ 402.00
April Oneto (Secretarial Services)………………………………………………42 Hours

DENNIS MADE A MOTION TO APPROVE THE VOUCHERS AS READ,
SECONDED BY ROXANNE. ALL MEMBERS WERE IN FAVOR. MOTION
PASSED 5-0.

NEW BUSINESS:

MEHL: Case #2009-07 – Lot Line Adjustment – 41-51 Parker Avenue, Esopus;
SBL: 72.009-3-7.1 & 7.2

Jeffrey Mehl was present. M.L. Putman reviewed M.L. Putman Consulting Review
dated 4/16/09. Copy was given to applicant and copy was placed in the file.

Planning Board is being requested to undo a 2 lot minor subdivision that was previously
approved and filed in 2006. Applicant submitted a letter requesting waiver of the Public
Hearing per Section 107-16.A. Copy placed in file. Applicant was told that he would
have to submit maps reflecting Lot #1 and Lot #2 and the Board would require 6 paper
copies and 1 mylar.

CHARLIE MADE A MOTION TO WAIVE THE PUBLIC HEARING FOR
MEHL, CASE #2009-07, LOT LINE ADJUSTMENT, AS PER SECTION 107.16.A,
SECONDED BY ROXANNE. ALL MEMBERS WERE IN FAVOR. MOTION
PASSED WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:

Charlie……………………yes
Fred………………………yes
Dennis……………………yes
Mike……………………...yes
Roxanne………………….yes

CHARLIE MADE A MOTION TO DECLARE A NEGATIVE DECLARATION
PURSUANT TO SEQR AND GRANT FINAL PLAT APPROVAL FOR MEHL,
CASE #2009-07, LOT LINE ADJUSTMENT, SUBJECT TO PROPER LOT
IDENTIFICATION ON THE MAPS AND THE SUBMISSION OF 6 PAPER
MAPS AND 1 MYLAR, SECONDED BY DENNIS. ALL MEMBERS WERE IN
FAVOR. MOTION PASSED WITH A VOTE OF 6-0. VOTE WAS AS
FOLLOWS:

Charlie………………….yes
Fred…………………….yes
Dennis………………….yes


Mike……………………yes
Roxanne………………..yes

OLD BUSINESS:

STEWART’S SHOP: Case #2008-21 & 2008-22 – Site Plan, Conditional Use Permit
& Lot Line Adjustment – 195-199 Broadway (US Route 9W;
State Hwy 310 @ East Main Street (town Hwy 910), Port Ewen; BSL: 56.060-5-1, 2
& 3

Chad Fowler was present representing Stewart’s Shop. Roxanne stated that the ZBA
issue has been resolved. The County Planning Board reviewed this case at their last
meeting and there is no County impact. The Zoning Board of Appeals met Tuesday
evening and reaffirmed their original vote and we have a letter to that effect that has been
placed in the file. There are two required modifications from the Ulster County Planning
Board’s March 4, 2009 Meeting that needs to be dealt with. The first one is regarding
access being signed to be one-way ingress/egress only each to help reduce potential
turning conflicts. Roxanne asked what the Board wanted to do regarding this
recommendation. Chad was asked what Stewart’s wishes were. Chad stated that they
need to keep two way access in and out of the site. Board members agreed that the State
did not have an objection to this.

FRED MADE A MOTION THAT WE ALLOW STEWART’S SHOP, CASE #2008-
21 & CASE #2008-22, TO MAINTAIN TWO WAY ACCESS ON THE
BROADWAY SIDE FOR BOTH ENTRANCES, SECONDED BY DENNIS. ALL
MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0.
VOTE WAS AS FOLLOWS:

Charlie…………………yes
Fred……………………yes
Dennis…………………yes
Michael………………..yes
Roxanne……………….yes

Ulster County Planning Board’s second required modification was regarding lighting.
Roxanne read the comment as part of the record. Chad stated that they did reduce the
footcandles from three 20s to two 50s and the other lights on the lot are the lights to
match what the Town has. The canopy average is 25.52 with the reduction and they
eliminated the light by the dumpster. Chad stated that there are no more fixtures to the
back of the site but there are soffit lights on the building.

DENNIS MADE A MOTION TO OVERRIDE ULSTER COUNTY PLANNING
BOARD’S REQUIRED MODIFICATION FOR LIGHTING FOR STEWART’S
CASE #2008-21 & CASE #2008-22 AND THAT THE BOARD FEELS THAT THE
APPLICANT HAS RESPONDED TO ALL LIGHTING ISSUES IN THE WAY
THAT THIS BOARD DEEMS APPROPRIATE, SECONDED BY CHARLIE. ALL
MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0.
VOTE WAS AS FOLLOWS:

Charlie……………….yes
Fred………………….yes
Dennis……………….yes
Michael………………yes
Roxanne……………..yes

MIKE MADE A MOTION TO DECLARE A NEGATIVE DECLARATION
PURSUANT TO SEQR FOR STEWART’S SHOP CASE #2008-21 & CASE #2008-
22, LOT LINE ADJUSTMENT, SITE PLAN AND CONDITIONAL USE PERMIT,
SECONDED BY DENNIS. ALL MEMBERS WERE IN FAVOR. VOTE PASSED
WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:

Charlie………………yes
Fred…………………yes
Dennis………………yes
Michael……………..yes
Roxanne.……………yes

FRED MADE A MOTION TO GRANT A CONDITIONAL FINAL APPROVAL
FOR THE LOT LINE ADJUSTMENTAS SHOWN FOR STEWART’S CASE
#2008-21 SUBJECT TO SUBMISSION OF 6 SIGNED PAPER MAPS AND 1
SIGNED MYLAR, SECONDED BY ROXANNE. ALL MEMBERS WERE IN
FAVOR. MOTION PASSED WITH A VOTE OF 5-0. VOTE WAS AS
FOLLOWS:

Dennis……………..yes
Fred………………..yes
Charlie……………..yes
Michael…………….yes
Roxanne……………yes

Myles informed the Board that for the Site Plan and Conditional Use approval conditions
need to be listed that are specific to the Conditional Permit. The Board needs to consider
any conditions that are specific to demolition of this site, conditions that you would want
to see taken care of and conditions that you would want to see in place before
construction starts on this site i.e. erosion control measures in place before the site is
disturbed, get the Lot Line Adjustment filed before you start pulling the building apart,
etc.

Dennis stated that the Building Inspector should tell them when they demolish the
building what is needed on the site. Following some discussion it was agreed that it is
listed on the plans. Myles questioned the landscape bond or letter of credit for
landscaping. Following some discussion it was agreed that the Letter of Credit for
Landscaping should be $10,000.00 which is to be made out to the Town of Esopus and
filed with the Town Clerk and stay in effect for at least one year after the Certificate of
Occupancy is issued, after completion of the landscaping and revegetation measures.

MIKE MADE A MOTION TO GRANT SITE PLAN AND CONDITIONAL USE
APPROVAL TO STEWART’S SHOP, CASE #2008-22 CONDITIONED UPON
RECEIPT OF A LANDSCAPING LETTER OF CREDIT IN THE AMOUNT OF
$10,000.00 TO BE FILED WITH THE TOWN CLERK, TO COVER THE COSTS
OF THE PROPOSED LANDSCAPING AND REVEGETATION, SAID LETTER
OF CREDIT TO STAY IN EFFECT FOR AT LEAST ONE YEAR (AFTER THE
CERTIFICATE OF OCCUPANCY IS ISSUED, AFTER COMPLETION OF THE
LANDSCAPING AND REVEGETATION MEASURES) INCLUDING
REPLACEMENT COST FOR ANY TREES, SCHRUBS OR GROUND COVER
THAT DIES WITHIN THIS ONE YEAR PERIOD AND SUBMISSION OF 6
PAPER MAPS AND 1 MYLAR, SECONDED BY DENNIS. ALL MEMBERS
WERE IN FAVOR. VOTE PASSED WITH A VOTE OF 5-0. VOTE WAS AS
FOLLOWS:

Dennis…………………yes
Fred……………………yes
Charlie…………………yes
Michael………………..yes
Roxanne……………….yes

Darin DeKoskie joined the Board at 7:30 p.m.

LATIES: Case #2009-04 – Lot Line Adjustment – 507 Poppletown Road (Town
Hwy. 854), Ulster Park; SBL: 71.001-4-10; 72.001-2-39, 44.1 & 46.2

Chris Zell was present to represent the applicant. (Applicant will submit a letter from
Mr. Laties authorizing Chris Zell to act on his behalf.) Myles reviewed M.L. Putman
Consulting Review dated 4/17/09, copy given to applicant and copy placed in file.
Applicant submitted a letter to request waiver of the Public Hearing. Copy placed in file.

Dennis questioned several lots that are presently landlocked. Chris stated that they are
not part of this application and that they are indeed landlocked and he has no idea how
they get to those parcels.

DENNIS MADE A MOTION TO WAIVE THE PUBLIC HEARING FOR LATIES,
CASE #2009-04 AS PER SECTION 107.16.A, SECONDED BY DARIN. ALL
MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 6-0.
VOTE WAS AS FOLLOWS:

Darin…………………...yes
Mike……………………yes
Charlie………………….yes

Fred…………………….yes
Dennis………………….yes
Roxanne………………..yes

FRED MADE A MOTION TO DECLARE A NEGATIVE DECLARATION
PURSUANT TO SEQR AND GRANT FINAL APPROVAL FOR THE LOT LINE
ADJUSTMENT FOR LATIES, CASE #2009-04 SUBJECT TO SUBMISSION OF 6
PAPER MAPS AND 1 MYLAR SIGNED BY THE OWNER AND A SIGNED
LETTER FROM THE APPLICANT FOR CHRIS ZELL TO REPRESENT HIM
IN THIS ACTION, SECONDED BY MIKE. ALL MEMBERS WERE IN FAVOR.
MOTION PASSED WITH A VOTE OF 6-0. VOTE WAS AS FOLLOWS:

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

SHAH: Case #2009-06 – Lot Line Adjustment w/Lighthouse Bluff – 242, 272 River
Road (Co. Road 8), Ulster Park; SBL: 64.003-2-10 & 11

Susan Plass, surveyor, was present representing the applicant. Susan stated that nothing
has changed as far as the maps are concerned. There are 43 acres owned by Lighthouse
Bluff and 8/10th of an acre owned by Shah. They are looking to increase the size of
Shah’s lot to 1 ½ acres. There were to questions from last month that needed to be
answered. Susan checked with the attorneys regarding the conservation easement and it
is a pertinent easement that will go with the land and the Shahs are aware of that so the
easement stays. The other question was the right-of-way. The Liber and Page 43-96 is
the right-of-way for Shah but the 949 is actually the right-of-way for the main acreage to
use that same driveway so that will remain as well. She believes that this answers both
questions unless the Board wants notes on the maps.

Roxanne questioned if the Board wants notes on the map to further explain the easements
and right-of-way. Following some discussion it was felt that the Board would like to see
a note on the map about the conservation easement. Susan will check with Myles for
wording.

DENNIS MADE A MOTION TO WAIVE THE PUBLIC HEARING FOR SHAH,
CASE #2009-06, LOT LINE ADJUSTMENT AS PER SECTION 107.16.A,
SECONDED BY MIKE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED
WITH A VOTE OF 6-0. VOTE WAS AS FOLLOWS:

Darin..……………….yes
Mike…..……………..yes

Charlie…..…………...yes
Fred………………….yes
Dennis……………….yes
Roxanne……………..yes

FRED MADE A MOTION TO DECLARE A NEGATIVE DECLARATION
PURSUANT TO SEQR FOR SHAH, CASE #2009-06, LOT LINE ADJUSTMENT
AND GRANT FINAL APPROVAL SUBJECT TO CLARIFICATION ON THE
MAP OF RIGHT-OF-WAY DESCRIBED IN LIBER 4396, PAGE 106 AND LIBER
949, PAGE 547 ALONG WITH 6 PAPER COPIES AND 1 MYLAR SIGNED BY
ALL OWNERS, SECONDED BY MIKE. ALL MEMBERS WERE IN FAVOR.
MOTION PASSED WITH A VOTE OF 6-0. VOTE WAS AS FOLLOWS:

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

ZBA REFERRALS: None

CORRESPONDENCE:

MISCELLANEOUS:

Roxanne informed the Board that there is an Ulster County Planning Board Seminar on
Tuesday, April 28, 2009 from 7:00 p.m. – 9:30 p.m. If you are interested in attending,
you will need to register with the Ulster County Planning Board at 340-3340. This will
be held at the Ulster County Community College.

DENNIS MADE A MOTION TO ADJOURN AT 7:55 PM, SECONDED BY
CHARLIE. ALL MEMBERS WERE IN FAVOR.

NEXT MEETING: REGULAR MEETING – MAY 28, 2009
SECOND MEETING (if needed) – MAY 20, 2009

DEADLINE DATE: MAY 14, 2009

NEXT PRE-SUBMISSION: MAY 7, 2009

Respectfully submitted,


April Oneto
Planning Board Secretary