TOWN OF ESOPUS
PLANNING BOARD MEETING MINUTES
May 24, 2001
BOARD MEMBERS PRESENT: Marilyn Coffey, Chairperson
EXCUSED: Kathy Weitze
ALSO PRESENT: Miles Putman, Shuster Associates, Planning Board Consultant
At 7:00 pm, Chairperson Marilyn Coffey called the meeting of the Town of Esopus Planning Board to order beginning with the Pledge of Allegiance to the Flag. Marilyn then advised the public of the building’s fire exits, and roll call was taken.
ROXANNE PECORA MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD APPROVE THE MINUTES OF THE APRIL 12, 2001 PLANNING BOARD WORKSHOP MEETING, THE APRIL 26, 2001 PLANNING BOARD MEETING, AND THE MAY 3, 2001 PLANNING BOARD WORKSHOP MEETING AS THEY WERE PREPARED. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.
A MOTION WAS MADE BY LINDA SMYTHE AND SECONDED BY ROXANNE PECORA TO ACCEPT ALL VOUCHERS SUBMITTED AND READ. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH PASSED BY A 6-0 VOTE.
The vouchers submitted and read were as follows:
Kristy L. Nelson..........(4/21/01 - 5/18/01)................................................................................ 20 hrs.
Hearing Notices - Trenholm & Rutulanta)............................ $
PUBLIC HEARINGS & OLD BUSINESS
RUTULANTE - (2001-004) - 1-11/2-12 Soper Road @ Old Post Road, West Esopus, NY
2 Lot Subdivision
Tax SBL #71.002-1-11
RUSS SHULTIS MADE A MOTION, SECONDED BY JOHN MCMICHAEL, TO OPEN THE PUBLIC HEARING FOR RUTULANTE. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE. The applicants and their surveyor were present at this meeting. Chairperson Coffey reviewed Shuster Associates’ latest project review regarding this application. Chairperson Coffey then called for public input. None was made. JOHN MCMICHAEL MADE A MOTION, SECONDED BY RUSS SHULTIS, TO CLOSE THE RUTULANTE PUBLIC HEARING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.
FRED ZIMMER MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD FIND THAT THE RUTULANTE PROJECT POSES NO SIGNIFICANT ENVIRONMENTAL IMPACT AND THAT THE PLANNING BOARD APPROVE THE PLAN AS SUBMITTED. ALL MEMBERS PRESENT VOTED IN FAVOR OF THE MOTION. MOTION CARRIED BY A 6-0 VOTE. Maps were signed and the Rutulante’s were given the paper work for filing the road deed.
TRENHOLM - (2001-010) - 310 James Street, Connelly, NY
Lot Line Adjustment
Tax SBL #56.015-1-1.13 & 56.050-4-27
LINDA SMYTHE MADE A MOTION, SECONDED BY RUSS SHULTIS, TO OPEN THE PUBLIC HEARING FOR ROBERT TRENHOLM. Mr. & Mrs. Trenholm were present at this meeting. Miles Putman of Shuster Associates gave his project review for this case. A copy of the same is on file and a copy was given to the applicant. Chairperson Coffey called for public comments. Mr. Michael Tulacz of Connelly wondered why the lots were being combined. Mr. Trenholm indicated that he would like to put up a residential two-car garage with 7’ doors and vinyl siding for his own use. Mr. Tulacz then expressed the following concerns:
· He knew of two people who wanted to put a trailer on the southerly lot, and they were denied because they were told it was zoned for a house. Then somehow a trailer got moved down onto the lot from the trailer park and positioned on a street that has houses.
· It was his understanding that Mr. Trenholm was told he couldn’t put up a garage without a residence/house so he moved the trailer there which his daughter occupies.
· It was his understanding that Mr. Trenholm wants to put a garage up to store his trucks from his electric business which he currently parks on the property.
· There are two driveways to this property, one for the garage and one for the trailer.
Mr. Tulacz showed the Planning Board pictures of Mr. Trenholm’s trucks parked on the property and submitted, for the record, a copy of a complaint letter dated April 12, 2001 from himself and his wife that he gave to the Building Dept.
In response, Mr. Trenholm stated that he never filed for or got plans for a commercial garage.
explained that the Trenholm application was for a lot line adjustment and that
was the only issue before the Planning Board.
She informed Mr. Tulacz that if he had zoning violation issues he would
have to go to the Town’s Zoning Enforcement Officer.
FRED ZIMMER MADE A MOTION, SECONDED BY JOHN MCMICHAEL, TO CLOSE THE TRENHOLM PUBLIC HEARING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION THAT CARRIED BY A 6-0 VOTE.
FRED ZIMMER MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT THE TRENHOLM PROJECT POSES NO SIGNIFICANT ENVIRONMENTAL IMPACT AND THAT THE PLANNING BOARD ACCEPT THE PRELIMINARY PLAT AS PRESENTED, WAIVE THE FINAL PLAT SUBMISSION AND GRANT FINAL PLAT APPROVAL. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.
WOINOSKI - (2001-009) - 225 & 229 Broadway, Port Ewen, NY
Lot Line Adjustment
Tax SBL #56.068-1-42 & 41
Bruce Woinoski was present at this meeting. Miles Putman of Shuster Associates gave his project review for this case. A copy of the same is on file and a copy was given to Mr. Woinoski. Mr. Woinoski noted for the record that his parcel would be enlarged to a width of close to 60’ and not 50’ as stated in Shuster’s May 18, 2001 review.
LINDA SMYTHE MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING FOR 7:00 PM ON THURSDAY, JUNE 28, 2001, FOR THE WOINOSKI APPLICATION. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.
STACCIO - (2201-007) - Off Hussey Hill Road, Union Center, NY
2 Lot Subdivision and Lot Line Revision w/Kohn
Tax SBL #63.004-1-6
Has not yet received a decision from the Zoning Board of Appeals, therefore, postponed.
HEAVENLY VALLEY - (1988-025) - St. Joseph’s Blvd., Four Sisters Land & Scott St., Port Ewen, NY
Phase 2 of Subdivision
Tax SBL #56.075-3-1
Mr. Joe Grogan telephoned to say he would not be ready for this month’s agenda, therefore, postponed.
VICTORIAN ASSOCIATES - (2000-030) - Rondout Hills, Connelly Road, Port Ewen, NY
Final Plat & Site Plan Amendment - Phases A & B
Tax SBL #56.051-8-1+
MIGNONE - (2001-006) - 803 Broadway, Ulster Park, NY
Alteration of mixed-use occupancy, additional apts. - Site Plan Approval
Tax SBL #64.003-5-10
Anthony Mignone was present at this meeting. Miles Putman of Shuster Associates gave his project review for this case. A copy of the same is on file and a copy was given to the applicant. Mr. Mignone submitted to the Board a letter addressing items mentioned in this review. A copy of the same is on file. It was noted that the ZBA granted a use variance for a multi-family dwelling in a GC district to Mr. Mignone for four apts. with the stipulation that the business be restricted such that there is no walk in retail trade. Therefore, the Planning Board now considered this application as a site plan approval request. Discussion was had about the no walk in retail trade. MARILYN COFFEY MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE PLANNING BOARD WAIVE THE PUBLIC HEARING FOR THIS APPLICATION. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE. MARILYN COFFEY MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT FINDING NO ADVERSE ENVIRONMENTAL IMPACT, THE PLANNING BOARD APPROVE THE APPLICATION AS SUBMITTED BY THE APPLICANT. ALL MEMBERS PRESENT VOTED IN FAVOR. MOTION CARRIED BY A 6-0.
DACON/IRON MOUNTAIN - (2001-013) - Ulster Avenue, Port Ewen, NY
Site Plan Amendment
Tax SBL #63.002-2-10
Representatives of Iron Mountain were present at this meeting, including their attorney, Mike Moriello. Miles Putman of Shuster Associates gave his pre-review for the Site Plan Amendment of Iron Mountain, Phase 3. A copy of the same was given to the applicant’s representatives and a copy is on file. It was Shuster Associates feeling that the increased building height and footprint, coupled with the removal and reduction in the proposed landscaping that was intended to aid in mitigating visual impacts due to the new building clearly constitutes a material change from the approved site plan, and approval of a site plan amendment by the Planning Board is required. It was also noted that on April 17, 2001, the Zoning Board of Appeals granted the applicant an area variance to permit a proposed building height of 46’ 10” in a zone where the limit is set at 35’.
Attorney Mike Moriello
stated that he looked at what happened before with the project in 1993 and what
is being proposed now, and he thinks that there is agreement that the issue
before the Board that is of substance is the buffering/berm. He felt the question now was whether this
was wholly site plan related or involved revisiting SEQR. At this time, Mr. Moriello gave the Board
some history on the project. He noted
that in 1993 this project was approved as a 3 phase project that was a fully
integrated development, and under SEQR and the law this means that when a
project is approved in phases and it results in an extensive EIS, the
environmental impacts from all of the phases must be looked at when it is
approved; it can’t be segmented. He
added that once this is done, the project itself is deemed fully integrated and
destined under SEQR and the reviews there of.
Mr. Moriello felt that the issue now was whether or not the changes are
of a material nature from that review and whether those changes are site plan
related. It was his opinion and belief
that the changes are site plan related and to even discuss SEQR would elevate
form over substances, but more importantly the addition for the building
itself, the sq. footage, is going to change in such a small fashion, that under
SEQR regulations, 617.5C7, less than 4,000 gross sq. ft. of a nonresidential
expansion of a building would be considered Type 2. Mike Moriello believes this amendment would be a type 2 action
under SEQR with respect to the expansion of the floor area. He added that the question that remains was
what to do about the buffering and all that was required by the ZBA. In concluding, Mr. Moriello noted that the
applicant is willing to work with the Board in terms of site plan review.
Previously approved maps and new proposed maps were reviewed and compared.
Russ Shultis asked the applicant’s representatives if they anticipated tractor trailers in the Phase 3 area. They indicated that initially when they racked the building there would be tractor trailers and they have one tractor trailer in their fleet in this area.
Roxanne Pecora asked if the applicant had a building permit. They indicated they did. She wondered how that was so when they had to appear back before the Planning Board. Mike Moriello reminded Roxanne that this was a fully integrated project that has been deemed vested under the law. He added that the building inspector was fully right to give his client a building permit, but it must be for what they were approved for and not for what they are before the Board to change. Roxanne felt a stop work order should be requested.
After reviewing the maps, Fred Zimmer felt the applicant could keep the building’s footprint where it was originally and still put in the ring road as requested by the Fire Dept.
Miles Putman asked that with the increased building height was there any material gain in terms of the actual internal storage area. The representatives said yes. Miles wondered if that gain could have been accommodated with an expansion to the south. The representatives stated that this was not something that was considered. He also asked if the applicant was working with the County Dept. of Highways and Bridges on the curbcut. Again the answer was yes.
The applicant will go back to the drawing board and resubmit revised site plan maps.
A list of monthly correspondence received by the Planning Board was given to each Board member.
Chairperson Coffey reminded the Planning Board members that a Planning Board Workshop meeting with Shuster Associates has been scheduled for Thursday, June 7, 2001 at 7 pm at the Town Hall in Port Ewen, NY, to further discuss the Town’s zoning and subdivision regulations.
informed the Board members that construction has been going on at the
Russ Shultis informed the Board members that complaints have been filed against Mr. Maynard due to his spraying late at night.
WITH NO OTHER BUSINESS PENDING, ROXANNE PECORA MADE A MOTION, SECONDED BY RUSS SHULTIS, TO CLOSE THE MEETING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION. MEETING ADJOURNED.
Kristy L. Nelson