TOWN OF ESOPUS
PLANNING BOARD MEETING MINUTES
May 27, 2004

BOARD MEMBERS PRESENT: John McMichael  (arrived late)
    Roxanne Pecora
    Russ Shultis, Chairman
    Linda Smythe  (arrived late)
    Kathy Weitze
    Fred Zimmer

EXCUSED:   Dennis Suraci
 
ALSO PRESENT:  Miles Putman, Shuster Associates, Planning Board Consultant  (arrived late)
 
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

Russ Shultis noted a correction to page 2 of the April 14, 2004 Planning Board Workshop Meeting minutes.  Under Garth, the second from last sentence, should read ‘This ZBA member’s...., he did not see a problem with getting a variance.’

It was noted that the May 19, 2004 Workshop Minutes would not be voted on this evening since they were just distributed and everyone had not had enough time to review the same.  In addition, Secretary Kristy Nelson noted that the wrong date was put on these minutes; it should read May 19 and not April 19.  An amendment to correct the date will be made at the time of approval.

RUSS SHULTIS THEN MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD APPROVE THE AMENDED MINUTES OF THE APRIL 14, 2004 PLANNING BOARD WORKSHOP MEETING AS WELL AS THE APRIL 22, 2004 MEETING MINUTES.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.

Vouchers
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 4-0 VOTE.
The vouchers submitted and read were as follows:

 Kristy L. Nelson...........(4/17/04 - 5/21/04).................................................    38.5 Hrs.
               Graham, Esq.................(Tucker Pond).......................................................    $   130.00
 Graham, Esq.................(Lighthouse Bluff Escrow)...................................    $   130.00

 Graham, Esq..................(2/19/04-5/10/04).................................................    $1,313.00
 Chazen Eng....................(ESP/Fawn Meadows Escrow)..........................    $     58.50
 Chazen Eng....................(Lighthouse Bluff Escrow)................................    $    137.25
 Chazen Eng....................(Mahairas Escrow).............................................    $    146.25
 Chazen Eng....................(Small Escrow)...................................................    $      58.50

PUBLIC HEARINGS

MAHAIRAS - (2002-010) - 100-120 Carney Road, Rifton, NY
                      6 Lot Major Subdivision
        SBL #63.003-3-22.4

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 code. RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD OPEN THE MAHAIRAS PUBLIC HEARING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.  Chairman Shultis then called for the audiences’ comments.  None were made.  WITH NO COMMENTS TO BE MADE, RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA TO CLOSE THE MAHAIRAS PUBLIC HEARING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.

Note:  Attorney Joseph Pisani requested that it be noted in the minutes that he objected to the Board holding the Public Hearing on his client’s application (Mahairas) without the Board coming outside to get him and his client since the Board knew they were present.  Mr. Pisani was advised that there were no comments at the Public Hearing and his client’s application would be picked up again, later in the meeting, under Old Business.

At this time, 7:15 pm, both Board Member John McMichael and Consultant Miles Putman arrived at the meeting.

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.  He proposes to open a metalworking shop & studio in the building previously occupied by Smitty’s Auto Body Shop.  ROXANNE PECORA MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD OPEN THE MORRIS PUBLIC HEARING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.  At this time, it was noted that the Ulster County Planning Board’s referral response was ‘No County Impact’ and that no response was returned from the Port Ewen Fire Commissioners.  Public input was called for.  There was none.  KATHY WEITZE THEN MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE MORRIS PUBLIC HEARING BE CLOSED.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.

OLD BUSINESS

MAHAIRAS - (2002-010) - 100-120 Carney Road, Rifton, NY
                      6 Lot Major Subdivision
        SBL #63.003-3-22.4

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 code.  At this time, Joe Pisani presented the Board with a letter from Citivision regarding the drainage as well as a road cost estimate.  These items will be forwarded to the Planning Board’s engineer for her review.  Mr. Pisani noted that they would be submitting another estimate for the road cost which will be a little less than the one submitted this evening.  He also stated that if any wording changes or additions were needed to the Citivision letter regarding the drainage, the Board should let them know and they would be happy to amend the same.  In addition, it was noted that the drainage plans would be given to Chazen Engineering by the middle of next week.  It was requested that a copy also be submitted to the Town Clerk’s Office to be put on file.  It was unknown if Board Member Dennis Suraci’s question on the Lot 3 driveway was handled.  Mr. Pisani believed it was.  This application will be placed back on next month’s agenda as long as the required drainage information is submitted to Chazen Engineering in a timely fashion for Nancy Clark to review.

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.  He proposes to open a metalworking shop & studio in the building previously occupied by Smitty’s Auto Body Shop.  Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review for this application.  A copy of the same is on file and a copy was given to the applicant.  Miles questioned Mr. Morris’ narrative which stated there would be 5 parking spaces since the site plan Miles was given only showed 4.  It was noted that the fifth space would be in front of the bay doors on the side of the building.  The only map showing this fifth space was the one posted for the Public Hearing.  Roxanne Pecora asked Mr. Morris if he would have any objections to the Board putting conditions on any approval given.  Mr. Morris said no.  Chairman Shultis noted that he would not like to see display items out in front, as noted in Mr. Morris’ narrative, taking up the sidewalk.  Russ also asked Mr. Morris if he would be receptive to having the large sign light turned off at 9:00 pm and just keep the showroom light on.  Some Planning Board members did not feel this was fair to the applicant since Cumberland Farms, right next store, is open 24 hours.  ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD GRANT CONDITIONAL APPROVAL SUBJECT TO THE FOLLOWING CONDITIONS:
· A FILTRATION SYSTEM BE INSTALLED THAT WILL MEET EPA GUIDELINES AND, POSSIBLY, BE                                                                                               REVIEWED BY THE EPA TO BE SURE IT MEETS THE NEEDS.
· ALL LIGHTS ARE TO BE GLARE SHIELDED.
· NO MACHINES ARE TO BE OPERATED PAST 9 PM.

ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.  The applicant will submit additional maps for signing.
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.  A copy of the same is on file and a copy was given to the applicant.  Applicant Sam Adel and his engineer, Jim Zieger, were present at this meeting.  It was noted that the Ulster County Planning Board’s referral response was ‘Required Modifications’ as follows:

· Lighting - All proposed and existing lighting, whether building mounted or pole mounted, should be upgraded to be full-cutoff and glare shielded.  Additionally the proposed pole-mounted fixtures indicate that they will stand 25 feet in height.  It is highly recommended that these poles be reduced so that they are no higher than that of the structure itself.
· Landscaping and signage should be moved out of encroachment from the NYS DOT Right of Way.  The parking in the southwest corner of the site adjoining RT 9W should be moved back away from the right of way to provide additional room for landscaping that does not conflict with the Right of Way along this frontage.  Additionally, landscaping along Route 9W should be upgraded to street trees to break up the mass and scale of the structure and property.

A copy of the County’s response was given to the applicant.  These items were discussed in detail and maps were reviewed.  Fred Zimmer questioned the curbing figures on the map which did not appear to add up.  Chairman Shultis noted that at the intersection of 9W and Catherine St., he got a call from a few folks who said that the sign that is there now that says Sunday Brunch, is hazardous to cars trying to pull out on 9W; it blocks their line of site.  Russ requested that sign be repositioned.  The applicant’s engineer stated that they would take care of that.  It was also noted that no referral response was received from the Port Ewen Fire Commissioners regarding this application.  Roxanne Pecora asked about an escrow account being set up for the landscaping.  Chairman Shultis also noted that the Board must decide if it wants to hold a Public Hearing on this application or not.  In accordance to Section 123-47C.5. of the Town’s Zoning Code, a straw poll of the Board was taken regarding holding a Public Hearing, and it was unanimous that a public hearing was not needed for this application.  DOT documentation was required last month regarding the map updates, however, in light of the County’s concerns this matter is null and void.  Mr. Zieger was advised to update the site plan to reflect the County’s modifications, as well as Fred’s concerns on the curb tabulations, and a final landscaping plan.  ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD APPROVE THE LAMIRAGE STEAKHOUSE CASE #2004-003 WITH THE FOLLOWING CONDITIONS:

· THAT A NEW PRINT BE PROVIDED THAT INDICATES A LANDSCAPING PLAN
· THAT AN ESTIMATE FOR THE COST OF THE LANDSCAPING BE PROVIDED AND AN APPROPRIATE ESCROW ACCOUNT BE ESTABLISHED WITH THE TOWN’S SUPERVISOR
· LIGHTING POLES ARE NOT TO EXCEED 25 FEET
· THE LANDSCAPING/SCREENING FOR THE SOUTHERN PARKING LOT SHOULD BE BEHIND THE PROPERTY LINE
· MOVE THE SIGN ON CATHERINE STREET, WHICH IS AT ISSUE, BACK SO IT IS NOT ENCROACHING ON THE RIGHT-OF-WAY SO PEOPLE CAN SAFELY EXIT CATHERINE STREET ONTO ROUTE 9W
· UPDATE THE CURBING FIGURES ON THE PRINT

ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.  Mr. Zieger was advised to provide the Planning Board with, at least, two complete sets of plans that have the changes talked about.  The applicant was also advised that no work can proceed until the final site plans have been submitted to and signed by the Planning Board.
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 advised the Planning Board that according to Mr. Cooper, they should be receiving documentation from the County Highway Dept. that states what is shown as the existing crushed stone drive leading to the existing barn has been an access for that barn.  Kathy Weitze noted that she visited the site and she did not think the driveway situation with the grades was a problem.  Chairman Shultis noted that in the back it dips down, but nothing was going on in that area.  Discussion was had about showing the wells across the road.  It was noted, as determined last month, that this was not necessary since the property across from Lots 1, 4 & 5 has a very steep embankment and the property then gradually slopes up.  All Planning Board requests from last month were met and it was noted that the application was signed by both property owners.  ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD REFER THIS APPLICATION TO CHAZEN ENGINEERING FOR THEIR COMMENTS WITH PARTICULAR CONCENTRATION ON EROSION AND SEDIMENT CONTROL.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.  RUSS SHULTIS THEN MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD SCHEDULE THIS APPLICATION FOR A PUBLIC HEARING FOR THURS., JUNE 24, 2004, AT 7:10 PM.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.  It was noted that this application would be subject to recreation fees if approved.

WALLENSTEIN/MCCARRON - (2004-006) - 322 Schultz Lane, May Park, NY
                                                                    Conditional Use Permit w/Site Plan
                                                      SBL #56.019-2-20.11

Mr. McCarron was present at this meeting.  The applicants propose to construct an enclosed “arena” that would cover an existing outdoor horse riding ring.  Miles Putman of Shuster Associates gave his application review.  A copy of the same is on file and a copy was given to Mr. McCarron.

At this time, 8 :15 pm, Board Member Linda Smythe arrived at the meeting.

The Wallenstein/McCarron maps were reviewed.  It was suggested that the lot line for the 5.94 acre house lot as shown be labeled as a fence line and the proposed arena be redrawn to the scale of the map.  Roxanne Pecora asked if the revised maps could be done in time for the Board to schedule a public hearing.  Mr. McCarron said sure, he could have it to the Board next week.  ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING ON THIS APPLICATION FOR THURSDAY, JUNE 24, 2004 AT 7:20 PM PROVIDED THAT THE MAPS ARE UPDATED BY JUNE 10, 2004 TO SHOW PROPER SCALE AND THE LOT LINE IS RELABELED AS A FENCE LINE.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.

DILORENZO - (2004-010) - 98 Soper Road, West Esopus, NY
                                     2 Lot Minor Re-Subdivision
                       SBL #71.001-4-52.1

Mr. & Mrs. DiLorenzo were present at this meeting.  This proposal is a re-subdivision of 3.217 acres into two lots.  Miles Putman of Shuster Associates gave his project review on this application.  A copy of the same is on file and a copy was given to the applicants.  Septic approvals were discussed.  It was noted that approval had been obtained for Lot 2B and the approval for 2A is forthcoming.  Chairman Shultis also noted that according to the DiLorenzo’s engineer, Gary Meyers of the Health Dept. had an extensive talk with Mrs. Egan when he was at the property about her concerns.  It was noted that the revised map shows what was requested of the applicant at last month’s meeting.  RUSS SHULTIS MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD GRANT CONDITIONAL FINAL APPROVAL, WAIVE SUBMISSION OF THE FINAL MAP, FINDING NO SIGNIFICANT ENVIRONMENTAL IMPACT.  THE CONDITION IS THAT THE PLANNING BOARD RECEIVES THE APPROVAL FROM THE ULSTER COUNTY HEALTH DEPT. FOR THE SDS ON LOT 2A WHICH IS THE 1.472 ACRE PARCEL.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.  The DiLorenzo’s were advised that the Planning Board would need 5 paper copies and a mylar for signing once they obtain Health Dept. approval for Lot 2A.

HUTH - (2004-012) - 47 Poppletown Road, Esopus, NY
           Conditional Use Permit w/Site Plan
           Tax SBL #71.2-2-27.1

Barbara Huth, her son-in-law, and Charlie Wesley, her draftsman, were present at this meeting.  This proposal is for the construction of a 950 sq. ft. accessory apt. on a site where a previous house was located that was destroyed by fire.  Chairman Shultis refreshed the Board’s memory on this application.  It was noted that a variance was granted by the Zoning Board of Appeals on May 18, 2004, to construct a structure of 950 sq. ft. on a site where a previous house was destroyed by fire in October 1997, where the new house has a larger footprint, but is smaller in area than the one that was there previously as shown on the site plan dated March 10, 2004, and revised May 4, 2004; and the applicant must return to the Town Planning Board.  Planning Board members did not have any comments, questions, or problems on this application.  ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING ON THIS APPLICATION FOR THURSDAY, JUNE 24, 2004, AT 7:30 PM.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.

At this time, a five (5) minute recess was taken.

IPE ASSET MANAGEMENT, LLC - (2004-09) - 740-770 Old Post Road, West Esopus, NY
                Major 15 Lot Re-Subdivision w/New Road
                Tax SBL #71.002-2-42.2

John Stinemire represented the applicant at this meeting.  This proposal is for a resubdivision of 73+ acres of wooded, sloping land into 15 building lots with a 3,100 ft. dead-end road, exclusive of the turn-around area, to be turned over to the Town.  Chairman Shultis noted that the Board had a request in front of it from the applicant for a waiver concerning the length of the proposed road for this project.  It was also noted that a number of letters were received by the Board from neighbors regarding the road waiver which the Board members had all been copied on. Chairman Shultis then requested that the following items be put in the minutes because there were some questions related to this application concerning voting, conflict of interest, etc.:

· A member of the Planning Board must be present at the meeting in order to vote.  The only way to circumvent this would be with a video conference.  A member may not vote by phone or by a notarized letter per an attorney from the Association of Towns.
· A member cannot be forced to not vote because of a conflict of interest.  This decision rests solely with the Board member.

At this time, as a courtesy to Board member Dennis Suraci, Chairman Shultis read into the minutes a letter from him to the Board dated May 27, 2004 regarding this application.
Chairman Shultis then stated that he felt the Board had two (2) questions in front of it; one, whether or not to hold a public hearing; and two, the road waiver request.  Roxanne Pecora commented that she investigated with the County whether or not a public hearing was required for a request for waiver and was told it was not, it is at the Board’s discretion.  The Board members’ feelings on holding a public hearing were given.  KATHY WEITZE MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE PLANNING BOARD DOES NOT PROCEED WITH A PUBLIC HEARING FOR THE ROAD LENGTH WAIVER ON THE IPE ASSET MANAGEMENT APPLICATION.  ALL MEMBERS, WITH THE EXCEPTION OF LINDA SMYTHE WHO VOTED NO, WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-1 VOTE.  At this time, John Stinemire submitted to the Board a revised letter from the Esopus Fire Dept. regarding the road length and water storage tank.  This letter was read into the record and a copy of the same is on file.  It was noted that the letter was not dated.  Linda Smythe stated that one of her duties as a Planning Board member was to provide for the safety of the public in her town.  Linda felt Old Post Road was a treacheous road in the winter time that already had a drainage problem and this proposal would only add to it.  Fred Zimmer suggested Linda make a motion on the waiver for the Board to vote on.  ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD DENY THE WAIVER.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.  It was suggested that Mr. Stinemire reassess how his clients would like to proceed, and it was noted that they could present a different configuration.  It was the Board’s feeling that the 2 1/2 times the requirement regarding the road was a little bit on the high side for this particular lot.

PATRICK - (2004-013) - 14 Lamont Landing, Parker Avenue & Appletree Road, Esopus, NY
                                3 Lot Minor Subdivision
                  SBL #72.009-3-5

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.  It was noted that, in accordance with Article IV of the Town Code, the applicant had submitted to the Board a request for waivers to Article V, Section 107.28C.7.; Article V, Section 107.28C.6.; and Section 107-28C.13.  In addition, a copy of the Coastal Assessment Form that was sent by Mr. Riseley to the Town’s Waterfront Advisory Board is on file.  At this time, in response to having two (2) houses on one (1) lot, Chairman Shultis read a letter from Building Inspector Mike Rieker to Mr. Riseley dated May 24, 2004.  This letter stated that the Patrick proposal, as indicated on the map dated March 11, 2004, is in compliance with area and bulk requirements as well as with other applicable regulations.  In addition, Mark Rieker found that the establishment of these property lines do not trigger any zoning regulations.  Russ Shultis supplemented this letter with a conversation he had with Dennis Doyle from the Ulster County Planning Board.  It was Dennis’ opinion that the proposal should provide the necessary bulk requirements so that if the lot with the 2 houses comes up for resubdivision these requirements can be met.  Dennis felt it was entirely under the Board’s jurisdiction to just make sure this can be done with what was currently in front of it and, if not, the Board could request necessary changes be made so that this situation could be addressed in the future if it comes to that.  Richard Riseley then noted that the Highway Supt. and Health Dept. have both been out to the property.  Board member Roxanne Pecora requested that written driveway approvals be obtain from the Highway Supt.  One (1) topo map for the property was submitted by the applicant which was reviewed.  Fred Zimmer asked that this topo map be added as a second sheet to the subdivision plats.  Engineer Chris Zell agreed with this.  KATHY WEITZE MADE A MOTION, SECONDED BY FRED ZIMMER, THAT PENDING THE RECEIPT OF THE TWO (2) LETTERS THAT ARE REQUIRED, THE PLANNING BOARD ACCEPT THE WAIVERS AS SUBMITTED BY MR. RISELEY.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.  Roxanne Pecora asked if the Building Dept. issues, as discussed last month, was resolved.  Barbara Patrick stated they would be.  KATHY WEITZE THEN MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT THE PLANNING BOARD REFER THIS APPLICATION TO THE WATERFRONT ADVISORY BOARD FOR FORMAL REVIEW AT THEIR NEXT MEETING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.  John McMichael asked about pesticides.  Barbara Patrick noted that pesticides haven’t been used in years and no DDT was used.  Chairman Shultis asked if the orchard was active or would it be.  Ms. Patrick said no.  Richard Riseley noted that this property is not in the agricultural district.  He then requested that a determination of significance be made prior to scheduling a public hearing.  Chairman Shultis stated the Board would wait on that.  RUSS SHULTIS MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING FOR THIS APPLICATION FOR JUNE 24, 2004, AT 7:40 PM.  ALL MEMBERS PRESENT WERE IN FAVOR OF THIS MOTION WHICH CARRIED BY A 6-0 VOTE.  It was agreed that a letter on the driveways from Highway Superintendent Al Larkin would be submitted by the June 10 deadline.  Envelopes and postage will be provided by Richard Riseley for the Public Hearing notices.

VALENTINE - (2004-014) - 1097-1115 Broadway & 7 Parker Ave., Esopus, NY
                                     Lot Line Adjustments; Reconfiguration of 3 parcels
                       SBL #72.009-2-5, 15 & 16.2

Applicant Brad Valentine was present at this meeting.  The applicant is proposing a lot line adjustment in the GC District that will reconfigure two abutting residential lots and a third lot that is developed with an off-site septic system.  Miles Putman of Shuster Associates’ gave his project review for this application.  A copy of the same is on file and a copy was given to the applicant.  Chairman Shultis noted that he called the applicant last week to mention the point about the slopes of the driveway and to ask him to search easements of record regarding the utility line that runs through the property which Russ felt should be plotted on the map.  At this time, Brad Valentine submitted to the Board letters from the Esopus Fire Dept. regarding the driveway slope/grade and from Verizon regarding the telephone line.  These letter were read into the minutes and are on file.  Roxanne Pecora wondered if the Board should require contours.  Fred Zimmer felt if the Board had a profile of the proposed driveway grade contours would not be needed.  Russ Shultis advised the applicant that the following information needed to be put on the maps:  1) a description of the bulk zoning regulations, 2) a Planning Board signature block, 3) lot lines needed to be labeled as ‘ to be deleted’ and ‘proposed lot lines’.  KATHY WEITZE MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THIS APPLICATION BE REVIEWED AS A LOT LINE ADJUSTMENT.  ALL MEMBERS PRESENT WERE VOTED IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.  ROXANNE PECORA THEN MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD WAIVE HOLDING A PUBLIC HEARING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.  NEXT, ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD APPROVE THE APPLICATION AND RENDER A DETERMINATION OF NON-SIGNIFICANCE PURSUANT TO SEQR PROVIDED THAT THE FOLLOWING CHANGES ARE MADE:

· THE BULK ZONING REGS BLOCK IS TO BE ADDED TO THE MAPS.
· THE PLANNING BOARD SIGNATURE BLOCK IS TO BE ADDED TO THE MAPS.
· THE LOT LINES TO BE DELETED AND THE PROPOSED LOT LINES ARE TO BE LABELED ON THE MAPS.
· THE APPLICANT MUST PROVIDE ROAD PROFILES WITH DRIVEWAY GRADES NOT TO EXCEED 12% FOR PARCEL C.
· THE APPLICANT MUST SUBMIT, AT LEAST, FIVE (5) PAPER PRINTS AND A MYLAR.

ALL MEMBER PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.

NEW BUSINESS

HANSEN - (2004-017) - 125 Perrine’s Bridge Rd., Perrine’s Bridge Area, New Paltz, Town of Esopus, NY
   Conditional Use Permit - Single Family to 2 Family
                 SBL #71.003-1-21.21

Applicant Frederick Hansen was present at this meeting.  He is applying for a conditional use permit to establish a two family dwelling in an existing frame dwelling in an R40 district.  Miles Putman of Shuster Associates gave his application review on this case.  A copy of the same is on file and a copy was given to the applicant.  Submissions were reviewed.  It was noted that a scale drawing of the site should be prepared and include proposed exterior improvements such as the deck and parking.  This application will require a public hearing as well as County Planning Board referral.  The Planning Board recommended Mr. Hansen get a copy of the Town’s zoning code regarding site plans (Section 123-47) since conditional use permits require a site plan.  Mr. Hansen was advised that this would help him to formulate what plans he wants to present to the Board.  The applicant was also told that no building permit could be issued until the Building Dept. gets a signed site plan.

VETERE(GORDON) - (2004-016) - 1545 Broadway, West Park, NY
        Lot Line Adjustment - 5 Lots into 2 Lots
                      SBL #72.003-1-7, 8, 9, 39.12 & 39.21

John Post of Vetere Surveying was present at this meeting.  This proposal calls for the deletion of three small riverfront parcels by merging them into two larger abutting lots in an R-40 District.  Miles Putman of Shuster Associates gave his application review for this case.  A copy of the same is on file and a copy was given to Mr. Post.  It was noted that the property owners involved in this application neither signed the application nor filed letters of authorization with the Board for Vetere Surveying to act on their behalf.  Chairman Shultis explained to Mr. Post that the Board made it clear to the gentleman who presented this proposal at the presubmission conference that either new deeds that show what transactions took place need to be presented to the Board or all the landowners involved in this proposal must sign the application and give Vetere Surveying the authority to act on their behalf.  Russ Shultis then asked Mr. Post what an R3 medium density reserve central sewer and water district was as labeled on the map.  It was felt this labeling pertained to the Town of Saugerties.  It was requested that the surveyor revisit this matter.  Fred Zimmer wondered what Parcel C was as labeled on the map.  Mr. Post believed that was from the original subdivision.  It was suggested this be removed also.

MISCELLANEOUS BUSINESS

Presubmission Conferences - Butterfield

Mr. Butterfield noted that he was interested in subdividing 3 acres off of his 37 acre piece of property at 670 Broadway in Ulster Park across from Mirror Lake.  It was noted that this is in a light industrial zoning district.  Miles Putman asked Mr. Butterfield if his current variance on this land had any conditions to it.  Chairman Shultis noted that the variance simply stated that the business and the house must remain together.  Mr. Butterfield was advised that he would have to go to the State DOT for a curb cut and any approved curb cut and a building envelop would have to be shown on the survey along with USGS topo.  Miles Putman suggested a disclaimer notation be put on the map saying that this lot was not approved by the Health Dept.  Mr. Butterfield asked if he could list the 3 acre parcel for sale.  The Planning Board advised him that was a little premature.  The Board also advised Mr. Butterfield that the map would have to be prepared by a licensed surveyor and, in addition, to the above he would need documentation from the DOT concerning the curb cut.  The survey map should also show all the lot lines with metes and bounds, the bulk reg block, the file blocks, etc.
ZBA Referrals - None

Correspondence

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

Maps

Maps for the approved Hare and the YMCA applications were signed.

Adjournment

WITH NO OTHER BUSINESS PENDING, ROXANNE PECORA MADE A MOTION, SECONDED BY FRED ZIMMER, TO CLOSE THE MEETING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION.  MEETING ADJOURNED.

        Respectfully submitted,

        Kristy L. Nelson
        Secretary