TOWN OF ESOPUS
PLANNING BOARD MEETING MINUTES
MAY 22, 2008
BOARD MEMBERS PRESENT: Roxanne Pecora, Chairperson
BOARD MEMBERS EXCUSED: Michael Minor
ALSO PRESENT: Myles Putman, M.L. Putman Consulting
Chairperson Pecora called the meeting of the Town of Esopus Planning Board to order at 7:00 p.m. 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.
Board was asked if there were any changes or corrections to the Minutes of April 24, 2008. No changes or corrections noted.
FRED MADE A MOTION TO APPROVE THE MINUTES OF APRIL 24, 2008, SECONDED BY ROXANNE. ALL MEMBERS WERE INF AVOR. MOTION PASSED WITH A VOTE OF 5-0.
Clough Harbour Associates (Citivision) …………………………………….$ 271.00
Clough Harbour Associates (Birchez Assoc.)………………………………..$ 141.00
Clough Harbour Associates (Heavenly Valley)……………………………...$ 195.00
Clough Harbour Associates (Stewart’s)…...…………………………………$ 1,701.00
Clough Harbour Associates (Esopus Lake, Somerset)………………………$ 3,471.88
Daily Freeman (Citivision)…………………………………………………….$ 11.16
Daily Freeman (Cellco/Verizon)……………………………………………....$ 11.64
Daily Freeman (Stantial)……………………………………………………....$ 10.67
Public Hearing Fee (Esopus Lake, Somerset)……………………………..…$ 200.00
M.L. Putman Consulting (Month of April)…………………………………..$ 2,250.00
Shuster Associates (Month of April – Esopus Lake, Somerset)……………..$ 2,250.00
April Oneto (Secretarial Services)…………………………………………...62 ½ hours
DENNIS MADE A MOTION TO APPROVE THE VOUCHERS AS READ, SECONDED BY ROXANNE. ALL MEMBERS WERE IN FAVOR.
SORBELLO: Case #2008-04 – Conditional Use Permit – (lands of Sorbello and
Port Ewen Development Corp.) 365 Broadway (US Route 9W/SH
310), Port Ewen; SBL: 56.076-2-24 & 25
DENNIS MADE A MOTION TO OPEN THE PUBLIC HEARING FOR SORBELLO, CASE #2008-04, SECONDED BY DARIN. ALL MEMBERS WERE IN FAVOR.
Chairperson Pecora read the notice palced in the Daily Freeman. Copy was placed in the file. Chairperson Pecora asked if there was anyone present who wished to speak regarding this application.
There was no one present to speak on this application.
DARIN MADE A MOTION TO CLOSE THE PUBLIC HEARING, SECONDED BY FRED. ALL MEMBERS WERE IN FAVOR.
SORBELLO: Case #2008-04 – Conditional User Permit – 356 Broadway (US
Route 9W/SH 310), Port Ewen; SBL: 56.076-2-24 & 25
Dottie Sorbello and Albert Sorbello present representing this application. Copy of M.L. Putman Consulting Report dated 5/26/08 given to applicant and copy placed in file.
Esopus Waterfront Advisory Board responded to referral sent to them. Response dated 5/20/08 in which they stated that they do not find any issues that concern the local Waterfront Revitalization Plan.
Ulster County Planning Board Referral Response dated 5/20/08 stated that there is no County impact.
Letter received from Catherine Quick addressed to the Board dated 5/20/08. Chairperson Pecora spoke with Timothy Keefe, Building Inspector, and Don Cole, Chairperson, Zoning Board of Appeals regarding this letter and her concerns. The main concern is that we put the notation on the map from the Zoning Board of Appeals.
Myles Putman, M.L. Putman Consulting, reviewed report dated 5/20/08, copy placed in file.
FRED MADE A MOTION THAT WE GRANT CONDITIONAL USE PERMIT FOR SORBELLO,CASE #2008-04, SUBJECT TO THE CONDITION THAT THE ZONING BOARD OF APPEALS NOTE BE PLACED ON THE PLAN FOR THE VARIANCE THAT WAS GRANTED, SECONDED BY DENNIS. ALL MEMBERS WERE IN FAVOR. VOTE WAS AS FOLLOWS:
SHELIGHTNER & MCVICKER:
At 7:20 Chairperson Pecora temporarily stepped aside as Chairman for this application, due to personal conflict. Dennis Suraci will chair the Board for this application.
Dennis referred to a letter dated 5/22/08 from Chris Zell, Brinnier and Larios Engineering, regarding a paper street that two property owners would like to claim. This is not a formal application and under the instruction of Peter Graham, Planning Board Attorney, they are providing this information regarding their intentions. The paper street is located at the end of Smith Street. Dennis stated that this is basically a courtesy from the two parties informing the Planning Board that the two parties will be taking the paper street and dividing it between them. They approached the Town and the Town said that it doesn’t have any right to it since they never accepted it. Board members reviewed the map submitted. Following some discussion the Board recommended that Peter Graham, Esq. submit something in writing to the Planning Board stating that this is what he is recommending. Fred thought that it may need to come from the Town Board’s Attorney since Peter Graham is the Planning Board’s Attorney. Dennis will follow up with Peter Graham, Esq. and find out if it is better to have the letter come from him or the Town Attorney.
Let the record reflect that Chairperson Pecora returned as Chairperson at 7:30 p.m.
KROM: Case #2008-12 – Conditional Use Permit – 17 Van Wagner Road (TH
864), St. Remy; SBL: 63.001-1-30
Myles reviewed M.L. Putman Report dated 5/11/08. Richard Krom, applicant, was present and a copy of M.L. Putman Consulting Report dated 5/11/08 given to applicant and copy placed in the file.
Applicant is requesting approval of an accessory apartment in an accessory building. Zoning Board of Appeals granted a variance on April 15, 2008 for the age of the building. Applicant was informed that the ZBA variance would have to be noted on the map. There is some concern regarding the septic system which goes over the property line onto property that is owned by his brother and himself. Fred felt that if the septic goes over the property line to another lot that they own he felt that they should probably do a lot line adjustment so that the septic is all on the same piece of property.
Mr. Krom stated that he had decided to annex more property from the farm that he shares with his brother. The reason that can not be done at this time is because they are in an Ag Assessment Agreement with the Bruderhoff and he can not break the lease. If they decide not to renew the lease in July of this year, he will pursue the lot line adjustment. They are in a 50 year Ag Assessment Agreement with the Bruderhoff. Dennis stated that in lieu of that would an easement create a problem for what they are doing with the lessee. Mr. Krom stated that to answer that honestly he does not know. He will have to check with the Assessor regarding the Ag Assessment. Fred stated that he feels uncomfortable with a septic on somebody else’s property. Roxanne asked if they approached the Bruderhoff. She does not think they would have a problem. Fred does not see where it will impact them at all. Mr. Krom stated that it is not an issue with the Bruderhoff as much as it is with the Agricultural Assessment on the properties.
Chuck asked if the accessory apartment has its own well. Applicant stated that it does not. Darin asked if they have two septic fields on the property. Applicant stated that this is correct. He was asked if one of them is under the driveway. Applicant stated that this is correct. Myles asked about access to the apartment. Mr. Krom stated that there is a back stairway. Myles stated that he is providing a lot more parking than he really needs. The building is presently being used as an accessory apartment. Roxanne stated that the prints need to have a Zoning Block put on them with the bulk regulations and a Signature Block.
Roxanne stated that there is a letter in the file dated 5/1/08 from Raymond Krom from the Health Department. Letter read by Roxanne and copy placed in the file. This letter was signed by Raymond Krom but it is not on Health Department letterhead. Roxanne stated that this is not a Health Department official letter. Roxanne stated from her discussions the last few days with Dean Palen, Ulster County Health Department Director, unless we have an approved letter from the Health Department or a signed stamped map this is not sufficient. They will have to make an application to them and get an approval. Roxanne stated that we can always approve that subject to this.
Darin and Fred see the driveway over the septic as a problem. Darin also felt that applicant needs to make sure that the driveway and the septic are on this property. Dennis questioned if the lease with the Bruderhoff is up in July doesn’t the applicant have the right to modify it. Mr. Krom stated that he does and that is exactly what they are going to do. Fred stated that they are afraid of losing the Agricultural Assessment. Chuck stated that they could swap land leaving the amount of land the same. Dennis stated that they should work on the sanitary approval and they should know next month if they are going to renew the lease. They can return to the Planning Board in July.
Applicant’s brother, Raymond Krom, asked if the Board would need an actual Lot Line Adjustment or would an easement be sufficient other than have a surveyor come up and do an actual Lot Line Adjustment. He was told by the Board that a survey would be needed to do the easement anyway. Fred informed applicant that a Lot Line Adjustment could probably be done in one meeting. Roxanne stated that they would have to put an application in for a Lot Line Adjustment, request the waiver of the Public Hearing as per 107.16.A of our code and if everything is in order you can get in and out in one evening. Roxanne informed Mr. Krom that if he has any questions regarding the Agricultural Assessment the person in the County Planning Board who handles this is Ginny. He should feel free to give her a call.
MURPHY: Case #2008-13 – 2 Lot Subdivision – 30 Ulster Avenue; 676 Broadway
(US Route 9W; SH 310), Ulster Park – SBL – 63.004-5-16.22
Myles reviewed M.L. Putman Consulting Review dated 5/14/08, copy given to applicant and copy placed in the file. Steve Murphy, applicant, and Colin Houston, North Engineering, were present regarding this application.
Colin stated that they will be seeking Health Department approval on both lots. He stated that he is working on the County Highway Permit. Dennis asked if they obtained a curb-cut from DOT. Colin stated that this was worked out last year. This property was subdivided by Court Order. They received a letter from DOT stating that they did not see a problem with issuing a permit.
Roxanne stated that we have a letter dated 5/21/08 from the Zoning Board of Appeals requesting specifics from the Planning Board regarding this application before them. The ZBA is in favor of the subdivision. It was referred to this Board last month but we had no information so we stated that we had no comments. This is the first we have had a map. Colin stated that they had a Public Hearing with the ZBA but they did not want to approve it in case this Board wanted to adjust the lot line.
This parcel is split between light industrial and residential in a very difficult spot. Colin stated that the applicant is currently taxed for all of the property but the existence of wetlands precludes them from using it for those purposes and you can not access through the residential zone for light industrial so that is why they went to the Zoning Board of Appeals to allow them to use the land the way the land is telling them that it wants to be used (for residential) and the other part would remain light industrial.
Myles was concerned as to why the applicant does not ask for a Zoning Map amendment instead of a use variance. Myles would like to see how the ZBA is asking the applicant to meet the demonstration requirements for use variance with all the financial evidence to demonstrate that he can not possibly use this property for anything else other than what he wants to use which is not allowed in the district. The setbacks on Lot 2C are totally messed up and the 100’ setback on Lot 2D makes no sense at all. Myles thinks that they could easily amend the Zoning Map if the Town Board had the right guidance to do it.
Discussion continued regarding the best way to deal with this application. Roxanne stated that she will talk to the ZBA Chairman regarding Myles going to the next meeting of the ZBA so they will have a better understanding of the Planning Board’s concerns.
Fred’s concern is that he does not want the Town to wind up with a lot that is not useable. Colin stated that they are applying for Health Department approval for both lots. Dennis asked if it was State or Federal wetlands. Myles stated that it is Federal. Chuck questioned how they could get Health Department approval if they do not know what the use is. Colin stated that they are approximating. They will get as big a septic system as they can and then whoever wants to use that property for light industrial can not exceed the use of the system they get approved.
Mr. Murphy stated that he has no current plans for the use of the light industrial property. He is much more interested in building residential. This is what he does. Roxanne stated that the concern is that we are setting precedence here. We already had Butterfield, we have another one before us and now you have this one. In Myles write up in Item D, #6, there is a pattern developing here of incremental minor subdivisions over time. The granting of use variance to permit residential development of these smaller lots may serve to induce further re-subdivisions in the LI zone. It is the opinion of this office that increased pressure to develop residential lots in some of the LI zones in the Town would be better addressed through a zoning map amendment instead of the grant of a use variance. Roxanne stated that this should go to the Town Board because this is the designated LI zone. We do not have many LI zones in this Town. Roxanne stated that rather than doing variances this sits with the Town Board and if they want to change it from an LI zone to an R40 zone so be it. She does not think that a use variance is the right direction to go and we need to convey this to the ZBA. Roxanne stated that they want Lot 2E to be able to build residential on it and that is set aside for commercial.
Roxanne will talk to Don Cole about Myles going to the next ZBA Meeting and she thinks it would be good to have a Planning Board member attend as well. Fred graciously volunteered. We have the septic issue, zoning issue and erosion control measures are needed.
There were two Town Board members present (Gloria VanVliet and Carl Belfiglio). Dennis asked them if they were concerned about the Light Industrial area being used up and taken away by residential use. Gloria and Carl looked at the plans. Chuck stated that he thinks the argument is that the land will never be used as Light Industrial since you can not get to it. This is the issue. Gloria asked Myles what the problem would be with the use variance. Myles stated that for the ZBA to grant a use variance the applicant needs to show that they can not get any return at all for any allowed use in the LI Zone from the 4.36 acres. They have to show a hard financial difficulty. He thinks it is a much better process to get the Zoning Map changed. He would be willing to work with the Town to try to fast track that. Carl asked if the Town Board was willing to work to change this, what other obstacles are there with the land? Applicant said that there were wetlands and they did not know how long it is going to take for them to get Board of Health approval and everything else. He was informed that this is all part of the subdivision.
Roxanne stated that we are going to write a letter to the ZBA and have Myles go to their next meeting and recommend that this go to the Town Board for a change of the Zoning Map. Dennis stated that this will not slow the applicant down with the Health Department and the other information that needs to be put on the LI piece. Roxanne stated that we are going to ask the ZBA to hold this up pending the Town Board recommendation. Colin asked if they should continue to pursue the ZBA but also get the Town Board to act on rezoning. Fred stated that getting the zoning changed could take quite a while and this would give them an avenue to pursue that they could continue on. They could pursue their variance for an access for residential into that lot and at the same time the Town Board can work on moving the LI/Residential Zoning line. Chuck questioned why we don’t just tell the ZBA that we have no problem with the use variance since they were ready to grant them the variance. He has no problem with that. Dennis stated that Myles is saying that they are approving it on the wrong basis and that is why he is gong to go there and talk to them and they may change their mind. Fred asked Myles if this is a feasible solution. Myles stated that he is not keen on the use variance. He thinks the timing on this denied this Board the opportunity to speak out on this application when it was asked. Colin stated that there was never any intent to backdoor this application. They thought that the Planning Board would not be able to act on this application at all without the variance. The Board understands this. Dennis stated that it is his opinion that when an applicant goes to the Building Inspector they should come to this Board first before going for any variances so that we can give you some guidance and then you will know what you need to get. He thinks the first trip should be here and if you need a variance then we will tell you. He thinks that we need to have this straightened out. Dennis stated that he thinks that Myles is saying that we are setting a precedent for another site in the LI district changing it to residential. Whey don’t we just change the area to a residential zone and stop doing these mini ones. Roxanne stated that this is raising a bigger issue from a Town perspective in terms of the light industrial zone so that the Town Board needs to revisit its designation of the light industrial zone and this is what we are saying. You are about the third person here asking for this.
Roxanne stated that the Planning Board is asking her to write a letter to the Town Board asking for consideration of the Light Industrial Zone. Dennis said that we are not stopping the applicant to pursue Health Department approval which is going to take a while and he has to show us that the lot is a buildable lot. Myles stated that right now you are looking at a very site specific request to amend the Zoning Map because you have a use for 4.36 acres of that property. The Town has to answer the spot zoning question which will get raised but one of the answers to the spot zoning issue is looking at the development pattern from the surrounding properties and is it really consistent. It appears to be consistent with what is going on on that side of the hill. This could be just a one property amendment. It would look a little different if this parcel were in an R40 Zone and we wanted a General Commercial Zone. Roxanne stated that the second part is that we need to write a letter to the ZBA recommending that Myles and Fred be present for this application.
DENNIS MADE A MOTION TO SEND A LETTER TO THE ZBA REQUESTING THAT MYLES AND FRED BE PRESENT AT THEIR MEETING WHEN THE MURPHY CASE #2008-04 IS NEXT SCHEDULED ON THEIR AGENDA TO DISCUSS THE CHANGE OF USE VARIANCE AND THE POSSIBILITY OF LOOKING AT REZONING THIS PORTION OF THE LI DISTRICT TO RESIDENTIAL. A COPY OF THIS LETTER SHOULD BE SENT TO THE TOWN BOARD REQUESTING TO BE PLACED ON THE TOWN BOARD AGENDA FOR THEIR NEXT MEETING, SECONDED BY DARIN. ALL MEMBERS WERE IN FAVOR. MOTION PASSED 5-0. VOTE WAS AS FOLLOWS:
STANTIAL: Case #2008-08 – Minor 2 Lot Subdivision – 22 Highland Road
(Tranquil Acres), Ulster Park; SBL: 63.010-2-20.1, 27 & 28
Diane Stantial present for this application. She was given a copy of M.L. Putman Consulting Report dated 5/11/08.
Diane asked if the lot line adjustments are sent to the County and a new deed issued to the buyers when they are approved to say that their property now includes the new property. She was told that once the Board signs off on it the applicant has to provide the deed. The buyers concern is that we go through this and for some reason it gets stopped at the County level then they paid money for property that they will not get. Proposed buyers Greg Allen and Tina McGrath were present. Greg stated that they have an agreement with Diane to purchase additional lands to add to their property. He wants to secure his interest in this property. He wants to know at what point it becomes his. He was told that the property becomes his when he has a closing. Darin stated that the deed will be created but it will still be in the original owners’ hands until they have a closing. Fred stated that when they pay Diane she will hand them a Bill of Sale and hand them the deed. Greg asked what if there was a lien on the property. Diane stated that they are concerned because they spoke to a real estate attorney who told them that she would have to get a release from her bank and the problem is that her bank does not issue releases. They are now concerned that they can buy the property and the bank can turn around and say that this is not their property. Following further discussion they were told that they really need to deal with an attorney.
Diane asked if she goes through with the Lot Line Adjustments and they do not pay what does she do? She was told that she has 62 days in which to file the maps with the County and if the maps are never filed then the Lot Line Adjustments never took place.
Roxanne stated that the Director of the County Health Department is very upset regarding this application. He has made it very clear to her that there has been no application made to the Department of Health, no fee paid, no scale drawings provided. He sent Chris Kresser from his Department to meet with the applicant. They obtained a copy of the print from Gerald Brandt and they obtained a copy of M. L. Putman Review. He has made it extremely clear that under no circumstances will the Department of Health issue a permit without an application being filed with his Department and the fee being paid and go through the process. There will be no exceptions to this process. He has gone out of his way to help the applicant due to the hardship situation and he does not want us to get into a situation where we have a liability issue where his concern was that should we go ahead and give them approval the applicant might just file the map and the septic does not work. It is the responsibility of the person who has the property now to get that approval. He did reiterate that the jurisdiction of the Health Department kicks in when the applicant decides to build the house. Roxanne informed the applicant that if they get an approval tonight it will be conditioned on getting Health Department approval and that means that the maps will not be signed until this is done. Roxanne informed the applicant that we are required to make sure that it is a buildable lot. This means that the septic works, the reserve works, the house works, the driveway curb cut is approved and works. Roxanne stated that they have no concern with the lot line revisions and Chris walked the property and it looks buildable. They really have to have the permit issued. One of their concerns was that the applicant dug 24” holes and they require 3-5 feet deep for a normal test hole.
Dean Palen, Director of the Ulster County Health Department, arrived to speak regarding this application. He explained that a Health Department application must be filed with his office in order to obtain approval. Dean was informed that the applicant has a problem with the fee. Diane asked if it could be a condition prior to building that the buyers get Health Department approval. Dean stated that the concern is when anyone offers a lot for sale it is a buildable lot and the way we do that is to get the permit to construct the onsite septic system. Dean stated that for the record that they have no objection to the lot line adjustments. The .23 acre parcels is not an issue with the Health Department whatsoever. Lot 10B the 2.664 acre parcel would need an application filed with the Department. Dean stated that Chris Kresser at his request visited the property twice. The 2 foot holes that were dug looked fine but normally in addition to that there would be a 3-5 foot test hole dug. His commitment is that they would have the process going as quickly as possible. They will get through it as quickly as they can. Dean stated that they have tried to help as has the Planning Board. He stated that he sent Chris out without an application which is highly unusual. He stated that getting the lot lines approved is important and getting the Planning Board to state that subject to Board of Health approval that Lot 10B is acceptable. He stated that they need an application, the fee and they need to do two other test holes and if the soils are as good as Chris eludes to they could have an in-ground system and you don’t even need an engineer. This is as simple as the process gets. Dean left at this point.
CHUCK MADE A MOTION TO WAIVE THE PUBLIC HEARING FOR STANTIAL, CASE #2008-14, SECONDED BY DARIN. ALL MEMBERS WERE IN FAVOR. MOTION PASSED 5-0. VOTE WAS AS FOLLOWS:
FRED MADE A MOTION TO DECLARE NEGATIVE DECLARATION PURSUANT TO SEQR AND GRANT A LOT LINE REVISION TO STANTIAL, CASE #2008-14, WITH NEW LOT LINES SHOWN BETWEEN 10A AND 10B SECONDED BY DARIN. ALL MEMBERS WERE IN FAVOR. MOTION PASSED 5-0. VOTE WAS AS FOLLOWS:
(Myles stated that we either need a new case number or some kind of note in the file stating that we are going to process the Lot Line Adjustment separately with no segmentation under SEQR. You are asking for separate maps to be submitted just showing the Lot Line Adjustment and sign off.)
Roxanne explained to the applicant that she would need two sets of maps. First set would show the lot line adjustments and remove Lot 10A and Lot 10B and everything on the proposed subdivision i.e. proposed house, well, septic, driveway. Second set of maps would show subdivision with proposed house, well, septic, driveway, new lot line.
DAREN MADE A MOTION TO GRANT FINAL APPROVAL FOR STANTIAL, CASE #2008-08, SUBDIVISION WITH A NOTATION TO BE MADE ON THE MAPS THAT THE FORMER COMMERCIAL KENNEL ON LOT 10A, APPROVED BY THE TOWN IN 2000 AND OPERATED BY THE PREVIOUS LANDOWNER, HAS CEASED OPERATION AS OF THE DATE OF THIS SUBDIVSIION, AS LOT 10A DOES NOT PROVIDE THE MINIMUM REQUIRED LAND AREA FOR THIS TYPE OF LAND USE NOR DOES IT PROVIDE THE SETBACKS SPECIFICALLY ESTABLISHED BY THE ESOPUS ZONING BOARD OF APPEALS. THE FORMER KENNEL BUILDINGS MAY CONTINUE TO BE USED FOR ANY PERMITED ACTIVITY THAT IS ACCESSORY TO THE PRIMARY RESIDENTIAL USE OF LOT 10A. SUBDIVISION APPROVAL IS ALSO CONTINGENT UPON COUNTY HEALTH DEPARTMENT APPROVAL, SECONDED BY DENNIS. MOTION PASSED WITH VOTE OF 4-1. VOTE WAS AS FOLLOWS:
ARNIKA CORP.: Case #2008-11 – Lot Line Adjustment – 590 & 592 Swartekill
Road (TH 855), West Esopus; SBL 71.004-4-57.121 & 64.1
Myles reviewed M.L. Putman Consulting Review dated 5/11/08. Copy given to applicant and copy placed in file. Applicant Anthony Aebi was present.
Board members reviewed the maps and discussion took place. There were no concerns regarding this application.
CHUCK MADE A MOTION TO WAIVE THE PUBLIC HEARING FOR ARNIKA LOT LINE ADJUSTMENT CASE #2008-11, SECONDED BY DENNIS. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:
DARIN MADE A MOTION TO DECLARE A NEGATIVE DECLARATION UNDER SEQR AND THAT THERE IS NO ILLEGAL SEGMENTATION FOR ARNIKA CASE #2008-11 AND GRANT FINAL PLAT APPROVAL FOR LOT LINE REVISION AS SHOWN CONDITIONED UPON RECEIPT OF 6 PAPER MAPS AND ONE MYLAR SIGNED BY THE OWNER, SECONDED BY DENNIS. ALL MEMBERS WERE IN FAVOR. MOTION PASSED 5-0. VOTE WAS AS FOLLOWS:
CELLCO/VERIZON; C/O TECTONIC ENGINEERING (Lands of Butterfield:
Case #2007-20 – 670 Broadway (US Route 9W; SH 310), Ulster Park;
Applicant is represented by Clifford Rohde, Esq., Cooper, Irving, Savage Esqs. Myles reviewed M.L. Putman Consulting Review dated 5/14/08.
Roxanne stated that we received Ulster County Planning Board Referral Response, review dated 5/7/08. They are requesting a required modification that the applicant should study an alternative that includes multiple wireless facilities at lower heights to fill coverage gaps. This recommendation is for Site Plan and Special Permit. Roxanne stated that if this Board is not in agreement with the recommendation we must overrule with a majority plus one vote. Copy of this review has been placed in the file.
Chuck stated that he has asked basically the same thing and he is never sure that what comes back is conclusive and he does not know how to be sure. Applicant comes back and states that they have done their study and that this is basically the best place. We don’t know how to evaluate the data that has been supplied back. Darin asked why a 140 foot tower. Can it be done at 120 feet or two towers? Mr. Rhode stated that they have done the studies and submitted information. This area is a challenge because of the foliage and the topography. Discussion continued regarding this issue. Mr. Rhode stated that there have been a lot of studies on this site because it does not make sense to put a tower up if it is not going to serve the purpose of this application. He thinks that this has been studied at length. They have not found another structure that works for co-location. They have determined that this is the site that is needed to fill the coverage gap in this area. Fred has no problem with this. Dennis would rather see one tower than multiple towers. Mr. Rhode feels that the County is supposed to come back with issues that affect the County. He feels they are talking about local issues that this Board has already discussed for a number of months. The main concern of the Board is that it is tall and it has a visual impact. Applicant stated that if you have numerous smaller towers there will be more of a visual impact.
Dennis is concerned that we never received an answer on whether or not we can act on an application that does not have a C/O on the site and never closed out a site plan. Discussion took place regarding the curb-cut. Roxanne stated that Tim Keefe, Building Inspector, sent us a letter stating that the Planning Board should not rely on a C/O to resolve the curb-cut issue. Dennis stated that he is not that is his house. He wants to know if we can act on a site that has never completed the site work twice. The first time Mr. Butterfield was in with his house and he never put the curb-cut in. The second time he was in with the subdivision and he said as soon as he sold the land he was going to put the curb-cut in and it still did not go in. Here we are using the same curb-cut for another thing and we don’t have any proof that it will go in again. Fred said that we can make this being contingent upon satisfactorily closing out the prior C/Os first. We can make them build the curb-cut prior to signing the plans. Discussion continued regarding this issue including the non-issuance of the Building Permit until the curb-cut goes in. Dennis is fine with this as a condition of approval. Further discussion ensued on this issue.
DENNIS MADE A MOTION TO OVERRIDE THE COUNTY COMMENTS FOR CELLCO/VERIZON CASE #2007-06, SINCE WE FEEL THAT THE WORK DONE IS SUFFICIENT, SECONDED BY ROXANNE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED 5-0. VOTE WAS AS FOLLOWS:
DENNIS MADE A MOTION TO DECLARE A NEGATIVE DECLARATION PURSUANT TO SEQR AND GRANT A CONDITIONAL USE PERMIT FOR CELLCO/VERIZON CASE #2007-06 WITH THE CONTINGENCY THAT THE CURB-CUT BE BUILT, APPROVED BY THE STATE, INSPECTED BY THE BUILDING DEPARTMENT AND A MEMBER OF THE PLANNING BOARD PRIOR TO THE SIGNING OF THE MAPS, SECONDED BY CHUCK. ALL MEMBERS WERE IN FAVOR. MOTION PASSED 5-0. VOTE WAS AS FOLLOWS:
SCHROETER: Case #2008-03 – Lot Line Adjustment – 85 Soper Road, West
Esopus – SBL – 63.04-5-16.22
Myles reviewed M.L. Putman Consulting Review dated 5/15/08, copy given to applicant and copy placed in file. Randy Port and George Williams, Jr. present representing this application.
Discussion took place as to what was the intent of this application. Originally applicant submitted maps for a lot line adjustment back in January, 2008. The application was pulled from the agenda the day of the meeting since the Port maps had not been filed as of that time. There was some confusion regarding what the Board required after the applicant received the write-up from M.L. Putman Consulting back in January. Applicant returned to the Board with new maps showing a three lot subdivision to be done by Mr. Schroeter following this lot line adjustment.
Roxanne stated that the lot line adjustment maps were never reviewed by the Board in January, 2008 because they were pulled from the agenda due to an issue of the Port maps never being filed with the County. This is their first time here. We received a map dated 5/6/08. This is the first time we are seeing the lot line adjustment maps. You received a write-up from Myles in January. Nothing has ever been discussed and nothing has ever been reviewed until tonight. They did not even come in to a pre-submission meeting. This is the first time that we are looking at this.
After discussion with Mr. Williams and Mr. Port, the confusion was straightened out and the Board is now aware that what they are looking for tonight is for a simple lot line adjustment between Port and Schroeter. Applicant will return at a future date with an application for the Schroeter subdivision.
Myles stated that his job for the Planning Board is to get the Board thinking about what might happen next and this was what was in his January Report. Looking at the lot line adjustment maps everything is clearly labeled. There is an existing house on parcel B and there is nothing on parcel A. The Plunkett lots are all undeveloped which now belong to Schroeter.
CHUCK MADE A MOTION TO WAIVE THE PUBLIC HEARING AS PER SECTION 107.16.A OF THE TOWN ZONING CODE, SECONDED BY DARIN. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:
CHUCK MADE A MOTION TO GRANT A NEGATIVE DECLARATION UNDER SEQR AND APPROVE THE LOT LINE ADJUSTMENT FOR SCHROETER CASE #2008-03 CONTINGENT UPON 6 PAPER MAPS AND ONE MYLAR BEING SUBMITTED, SECONDED BY DENNIS. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:
VOGEL (El Paso Winery): Case #2008-05 – Conditional Use Permit – 742
Broadway (US Route 9W; State Hwy 5508), Ulster
Park; SBL 64.003-6-6.4
Myles reviewed M.L. Putman Consulting Review dated 5/11/08, copy given to applicant and copy placed in file. Jeff Helmuth was present representing the applicant.
Dennis questioned the parking on the east side. He stated that there is only 10-15 feet of backup space and behind the spaces on the south side (7-13) it looks like you have 15-16 feet for the back-up and one space was going to be turned. There is not enough back-up space. Required back-up space should be 20’ as a minimum. Dennis recommended that he look at the grades. They are going to have to grade the area. Roxanne stated that they need to show the bulk regulations on the map. Roxanne stated that she thinks a note needs to be on the plans stating that the site work will not disturb the existing sewage area.
We received a letter from Joe Mirante, County Health Department, dated 5/6/08 stating that the existing system is fully expected to support the proposed use.
DARIN MADE A MOTION TO REFER VOGEL CASE #2008-05, TO THE COUNTY PLANNING BOARD FOR REVIEW AND SCHEDULE A PUBLIC HEARING FOR JUNE 26, 2008 AT 7:10 PM CONTINGENT UPON RECEIPT OF UPDATED MAPS AND A $200.00 PUBLIC HEARING FEE THAT NEEDS TO BE RECEIVED BY DEADLINE DATE OF JUNE 12, 2008, SECONDED BY ROXANNE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED 5-0. VOTE WAS AS FOLLOWS:
Applicant reviewed what is needed on the maps: contours, 20’ back-up isle needs to be revised, driveway coming in should be 25’ for DOT, parking calculation needs to be corrected, proper Planning Board approval block, Zoning Block to deal with General Commercial. A new set of maps need to be submitted by the beginning of next week in order to make the deadline date for the Ulster County Planning Board or the applicant will have to hand carry the referral to meet the deadline. County deadline date is next Friday, May 30, 2008. If applicant is going to deliver packet, he will need to stop in the office and pick up referral forms and additional information.
HEAVENLY VALLEY PHASE 2: (Shuster Case #1988-25), Major Re-Subdivision,
Peters Pass, Four Sisters Lane, Port Ewen,;
Myles reviewed M.L. Putman Consulting Review dated 5/16/08, copy given to applicant and copy placed in file. Applicant Tom Danielle, Wade Silkworth, Berger Engineering and Scott Ouimet, Berger Engineering, were present representing this application.
Roxanne stated that we need to increase the Escrow Account for this application.
DENNIS MADE A MOTION TO INCREASE THE ESCROW FOR HEAVENLY VALLEY PHASE 2 BY $7,000.00, SECONDED BY DARIN. ALL MEMBERS WERE IN FAVOR. MOTION PASSED 5-0. VOTE WAS AS FOLLOWS:
Peter Lilholt, Clough Harbour Associates, summarized his engineering review of this project in letter dated 5/19/08. Myles stated that the applicant is making every effort to try to respond to all of Pete’s concerns.
Wade stated that in regard to the issue of recreation area. They understand that recreation is mostly wetlands and they may need to explore the recreation fee. Regarding the issue of sidewalks Mr. Danielle has contacted the school and the children will be bussed. Board will need a copy of correspondence stating this from the school district. At this point, they are planning on leaving the sidewalks out of the plan. Wade stated that regarding street trees and street lighting if the Town wants a certain kind of lighting they are agreeable to that. The Town can recommend the trees that they would like to see. Fred and Dennis felt that continuing the lighting fixture designs that we have going up Route 9W and in the New Town Hall site would be a good idea. Darin stated that with regard to Pete Lilholt’s comments he thinks Pete is referring to having overhead lighting at the intersections. Myles agrees that Pete was speaking to overhead lighting at the intersections. Myles said that the lights could be designed to throw light out into the street for vehicles as opposed to the lights on the main corridor which is really for sidewalks. Fred stated that they can keep the same style but change the fixture.
Fred stated that the applicant needs to work with the Planning Board Engineer, Pete Lilholt, to resolve the outstanding issues.
Scott stated that one of the concerns that is brought up a lot in Pete’s review is that they do not specify the type of trees they want to put on the streets. They left this out to get input from the Town and they have an option to leave it open to the homeowners.
Fred agrees that we should go without the sidewalks and the road is the Town Highway Superintendent’s call. Scott stated that they submitted the road details to the Highway Superintendent a year ago and they received a letter back that he accepted the concept but he requested that the swales be paved. They would like it in the record that they disagree with the paved swales. They propose porous pavement. Roxanne stated that the Town Highway Superintendent rules in this area.
Myles brought the Board’s attention to the New York State Stormwater Management Design Manual which is referenced in Chapter 106.8 of the Town Code. Roxanne stated that we are an MS4 District and in this case the Building Inspector is the Stormwater Management Officer and believes that he may overrule the Highway Superintendent.
Darin stated that you are going to have a pipe under each driveway. Wade stated that they are trying to limit the pipes under the driveway. Darin stated that you are going to have a swale on each side of the road and you are not going to have a pipe under every driveway. Scott stated that many of the swales are only 3 inches deep and you can’t put a pipe under this. Darin stated that if it is 3 inches deep it is not a swale it is a filter strip. Roxanne stated that they should revisit this with the Highway Superintendent and there is someone in the Highway Department who is trained in stormwater management. These laws went into effect in January and their letter is one year before this and things have changed. Darin asked about the 3 inches swales. Wade stated that if it is a grass swale it will be 6 inches deep. Darin stated they will be 6 inches deep and no pipes under the driveway. Wade stated no. Darin stated that if it is not draining to a catch basin you will have ice on every driveway. Wade stated that the whole site is pitched on a hill. Darin stated that you are still going to have water coming across everybody’s driveway and in most cases you have to do some sort of curbing. Darin is worried about the freezing. Fred thinks that there is a tip up on the back of the shoulder.
Chuck questioned if they are showing another access to the Town Hall in the back. They stated that it is a right-of-way to another property. Chuck questioned if there was one to the property to the west. Directly to the west of this is the school.
Fred questioned that Myles was looking for an easement. Myles stated possibly for a future road connection. It is just not delineated in terms of it being separate from Building lot 34 and it being separated from the retention pond which we know the Town will not take ownership of. Applicant was told that they will own the retention pond and it will be their responsibility to maintain it. Roxanne stated that between the Town Hall and this project there is another piece of land that Mr. Danielle owns and that there needs to be a right-of-way. This needs to be a subdivision. Myles stated that he would rather see it as a separate application but look at everything simultaneously. It is an ownership issue. Mr. Danielle owns one parcel free and clear but Mr. Paggi has some interest in the other parcel.
Roxanne informed Mr. Danielle that she will authorize the Planning Board Engineer to work with this applicant as soon as we have the escrow increased.
Wade asked about the possibility of scheduling a Public Hearing to obtain comments from the public. Roxanne informed them that it is too early for that. They need to resolve some of their issues with our engineer first.
ZBA REFERRALS: None
Roxanne reminded the Board that they received in their packet of information the Ulster County Planning Board’s comments on Esopus Lake.
DARIN MADE A MOTION TO ADJOURN, SECONDED BY FRED. ALL MEMBERS WERE IN FAVOR. MEETING WAS ADJOURNED AT 11:05 PM.
NEXT MONTHLY MEETING: June 26, 2008 – Regular Meeting
DEADLINE DATE: June 12, 2008
TRAINING SESSION: June 18, 2008
NEXT PRE-SUBMISSION: June 05, 2008
Planning Board Secretary