TOWN OF ESOPUS
PLANNING BOARD MEETING MINUTES
MAY 26, 2005

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

ALSO PRESENT:             Miles Putman, Shuster Associates, Planning Board Consultant

At 7:05pm, 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
 
ROXANNE PECORA MADE A MOTION, SECONDED BY CHUCK SNYDER, THAT THE PLANNING BOARD APPROVE THE APRIL 28,2005 PLANNING BOARD MINUTES.  ALL MEMBERS WERE IN FAVOR OF THE MOTION, WHICH CARRIED A 7-0 VOTE.

VOUCHURES

A MOTION WAS MADE BY LINDA SMYTHE 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 7-0 VOTE.  The vouchers submitted and read were as follows:

Daily Freeman ………………Magnifico Public Hearing……………$13.58
Kristi Nelson………………………………………………………..16 hours
Holly Netter………………………………………………………….6 hours
Shuster …………….…………Somerset Escrow………………..…. .$1350
Shuster…………………………………..Escrow…………………….$2110
 

PUBLIC HEARINGS - None

OLD BUSINESS

*        Van Velson Case #2004-29 – Called Russ to Cancel

*           Bellaire Ridge, LLC Case #2005-07   Mountain View Ave
              36-lot subdivision
              56.75-1-56.100

Terri Hahn of LADA, P.C. represented the applicant at this meeting.
Chairman Russ Shultis made the Planning Board members aware that letters were sent out to the Town Board concerning the 5 Acres of property and the proposed town roads.  In addition a letter was also sent to Al Larkin concerning the project and the proposed town roads.

Terri Hahn commented on a few of the changes and points of concern:
Terri met with the Highway Superintendent, Al Larkin to discuss the sidewalk options.  The Highway Department does not want to see curbs because it will effect plowing the road.  As an alternative, Al Larkin wants to see an extension to the shoulder of 4 feet with stripes.  Terri indicated that this request is workable and the applicant is willing to make the necessary changes.  Several Board members expressed their concerns regarding the walkway. A workshop is planned for
June 9, 2005 at 7:00pm to further discuss these options and concerns.

It was agreed, unanimously, by the planning board to keep the issue of the 5 acres open so that the planning board can hear the Town Board’s opinion on the conveyance of the property.

A MOTION WAS MADE BY RUSS SHULTIS TO DISTRIBUTE THE EAF ALONG WITH A SUPPLEMENTAL MAP ALONG WITH A COPY OF THE MAY 26, 2005 MINUTES TO THE TOWN HIGHWAY, DEC AND TOWN BOARD MEMBERS TO DETERMINE LEAD AGENCY ON THIS APPLICATION.  LINDA SMYTHE SECONDED THE MOTION.  The MOTION was PASSED by a 7-0 Vote.

Fred Zimmer raised a question about the liability of the walking path over an easement.  Terri stated that the easement could be deeded to the Town.

Dennis asked to have the wetland Army Core of Engineers Protection Zone placed back on the map.

NEW BUSINESS

* Spinnenweber/Bunten Case# 2005-06     Route 9W
               Lot line adjustment
               56.75-2-23 & 2
No one was here to represent Spinnenweber or Bunten
 

* Clark Case # 2005-07          Schultz Lane
                                                                                2-lot subdivision
              56.15-2-22

Board of Health Approval was submitted to the file.  Contours are to be added
to the map relating to drainage, erosion and any silt fencing that may be required. Other
additions to the map are to include the proposed and reserve septic for the existing
house and the proposed house.  The construction entrance is to be shown on the plans.
The road reservation area needs to be shown on the map according to Subdivision Code
section 107-25B.  This wording needs to be on the revised map.  The surveyor needs to
find out if Schultz lane is a deeded road.  Russ asked the question, “Do you want to see
the road reservation if it is not shown as a deeded road?”

Linda Smythe  Yes   John Mc Michael   Yes
Roxanne Pecora No   Fred Zimmer          Yes
Chuck Snyder  Yes   Russ Shultis           Yes
Dennis Suraci   Yes

It was determined by a 6/1 VOTE that the applicant would show the road reservation on the map unless it is a deeded street.

* Rizzo Case # 2005-08          284 Union Center Rd
              2-lot subdivision
              63.4-7-25.200

A MOTION WAS MADE BY CHAIRMAN RUSS SHULTIS THAT IN ACCORDANCE WITH ZONING CODE 123-21D5,THE PLANNING BOARD GRANT A WAIVER FOR THE LENGTH OF THE ACCESS STRIP FROM LOT 2.  ROXANNE PECORA SECONDED THE MOTION, WHICH CARRIED A 7-0 VOTE.

A vote was taken to send this application to the Health Department for approval.
Linda Smythe  Yes  Dennis Suraci  Yes
Roxanne Pecora Yes  Chuck Snyder  Yes
Fred Snyder  Yes  John Mc Michael No
Russ Shultis  Yes
With a vote of 6-1 it was decided that the applicant would submit their application to the Heath Department for approval of the septic for Lot # 2.  Revised maps are to be submitted to address all points of concern including septic reserve and contours.   It was also determined that the road maintenance agreement should be on the map.

* Reynaud/Freer           92 Esopus Ave
               Lot line adjustment
               63.4-6-31 & 32

ROXANNE PECORA MADE A MOTION TO GRANT A LOT LINE ADJUSTMENT FOR CASE # 2005-09 AND THAT IT MEETS CONDITIONS SET FOR THE IN 107-16 ITEMS 1-4.  ITEM 5 FOR THE FINAL FEE MUST BE SATISFIED IN ACCORDANCE WITH107-30B OF THESE REGULATIONS.  FRED ZIMMER SECONDED THE MOTION.  THE MOTION WAS VOTED DOWN, 4/3.

Fred Zimmer  Yes  John Mc Michael  No
Dennis Suraci  No  Chuck Snyder   No
Roxanne Pecora Yes  Linda Smythe              Yes
Russ Shultis  No

AFTER FURTHER DISCUSSION JOHN MC MICHAEL RE-PROPOSED ROXANNE’S MOTION WITH A PROVISO THAT THE ROAD MAINTANCE AGREEMENT BE MADE A CONDITION AND INDICATED ON THE MAP.  LINDA SMYTHE SECONDED THE MOTION.  THE MOTION WAS PASSED 4/3.

Fred Zimmer  Yes  John Mc Michael Yes
Dennis Suraci  No  Chuck Snyder  No
Roxanne Pecora Yes  Linda Smythe  Yes
Russ Shultis  No

Approval was granted conditioned upon the maps being amended to include a Road Maintenance area, spelling errors corrected and removal of the third member signature block. To be submitted: 6 paper copies and 1 Mylar copy signed and dated by the owner of record.

MICELLANEOUS BUSINESS

Roxanne commented that the Lettieri property was required to put up a fence or plant trees along the rear lot line.  Russ will follow up on the status.

Russ Shultis asked the board if they were comfortable with him drafting a letter to the Town Board addressing the appointment of the new Planning Board Secretary, which will run to the end of the year.  All Planning Board members were in agreement.

PRESUBMISION - Richard Othus

Abstract was done for sale and it was found that Richard Othus did not have to right permits.  Building permit was issued to Richard Othus for conversion from a 1 family to a 2 family dwelling in 1985.  Mr. Othus worked closely with the building department and proceeded to move forward with the renovation in good faith.  All work was completed and a Certificate of Compliance was issued.  It has now been determined by the building department that the permit was issued in error and should have required a conditional use permit.  The property has been a two family dwelling for 13years and without incident.  Roxanne Pecora offered to accompany Richard Othus to the Zoning Board of Appeals.  It was a unanimous decision to write a letter to the ZBA to override the Building Inspectors decision that referred Mr. Othus to the Planning Board.  The Planning Board recommended that Richard Othus fill out both an application for the ZBA and a Conditional Use permit for the Planning Board.  A letter will be drafted. Chuck Snyder and Roxanne Pecora of the Planning Board will accompany Mr. Othus to the next ZBA meeting.

WORKSHOP

HUDSON POINT (Sommerset) Workshop was set for Thursday, June 9, 2005 at 7:00pm
Bellaire Ridge will also be invited along with members of the Town Board, Highway Department and Water & Sewer Department to express their concerns regarding the issue of the walkways.

ZBA REFERRALS

Two referrals were made.

Fisher, A & S    202 Second St., Connelly
Area variance – construction of a deck within front yard setback.

Banks, Dorothy  355A Girard St., Connelly
Area variance – construction of a car port in the front yard.

Neither file included a plot plan therefore the Planning Board could not comment on either case at this time.

CORRESPONDENCE

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

WITH NO OTHER BUSINESS PENDING, RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA, TO CLOSE THE MEETING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION.  THE MEETING ADJOURNED AT 10:00PM

Next Monthly Meeting – June 23, 2005 (Agenda Cutoff – June 9, 2005)