TOWN
OF ESOPUS
PLANNING
BOARD MEETING MINUTES
May
24, 2001
BOARD MEMBERS PRESENT: Marilyn
Coffey, Chairperson
John McMichael
Roxanne Pecora
Russ Shultis
Linda Smythe
Fred Zimmer
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.
Minutes
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.
Vouchers
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.
Daily Freeman.............(Public
Hearing Notices - Trenholm & Rutulanta)............................ $
25.71
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.
Chairperson Coffey
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.
OLD
BUSINESS
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+
No
representation.
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.
NEW
BUSINESS
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.
MISCELLANEOUS
BUSINESS
ZBA Referrals
None.
Correspondence
A list of monthly
correspondence received by the Planning Board was given to each Board
member.
Workshop Meeting
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.
Rondout Hills
Chairperson Coffey
informed the Board members that construction has been going on at the
Hills.
Pittner
Russ Shultis informed
the Board members that complaints have been filed against Mr. Maynard due to
his spraying late at night.
Adjournment
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.
Respectfully
submitted,
Kristy
L. Nelson
Secretary