TOWN OF ESOPUS
PLANNING BOARD MEETING
MAY 27, 2010

BOARD MEMBERS PRESENT: Roxanne Pecora, Chairperson
Charles Wesley
Fred Zimmer
William Devine
Michael Minor
Darin DeKoskie

ALSO PRESENT: Myles Putman, M.L. Putman Consulting

Chairperson Pecora called the meeting of the Town of Esopus Planning Board to order at
7:05 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.

MINUTES: Board members were asked if there were any changes or corrections to the
minutes from the meeting of April 22, 2010.

CHARLIE MADE A MOTION TO ACCEPT THE APRIL 22, 2010 PLANNING
BOARD MINUTES, SECONDED BY MIKE. MINUTES WERE APPROVED BY
A VOTE OF 6-0. VOTE WAS AS FOLLOWS:

Charlie…………………yes
Fred……………………yes
Bill……………………..yes
Mike…………………...yes
Darin…………………..yes
Roxanne……………….yes

Chairperson Pecora informed everyone that the MS4 Annual Report is available from the
Building Inspector for anyone who wishes to review it and that we have a copy on hand
tonight if anyone is interested.

VOUCHERS:

M.L. Putman Consulting (April, 2010)....………………………………….....$2,250.00
Clough Harbour Assoc. (Tucker Pond)……..………………………………...$1,127.50
April Oneto (Secretarial Services – 3/3/10-3/25/10)………………………...44 ½ hours

FRED MADE A MOTION TO APPROVE THE VOUCHERS AS READ
SECONDED BY CHARLIE. ALL MEMBERS WERE IN FAVOR. MOTION
PASSED WITH A VOTE OF 6-0.

PUBLIC HEARING:

MARTONE: Case #2009-03 – Subdivision – 1495 & 1501 Route 213 @ VanWagner
Rd., St. Remy; SBL: 63.001-1-4.11

MIKE MADE A MOTION TO OPEN THE PUBLIC HEARING FOR MARTONE,
CASE #2009-03, SUBDIVISION SECONDED BY DARIN. ALL MEMBERS
WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 6-0.

Chairperson Pecora read the Public Hearing Notice placed in the Daily Freeman, copy
placed in the file.

Roxanne asked if there was anyone present who wished to speak on behalf of this
application. There was no one present to speak on this application.

MIKE MADE A MOTION TO CLOSE THE PUBLIC HEARING FOR
MARTONE, CASE #2009-03, SECONDED BY CHARLIE. ALL MEMBERS
WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 6-0.

OLD BUSINESS:

MARTONE: Case #2009-03 – Subdivision – 1495 & 1501 Route 213 @ Van Wagner
Rd., St. Remy; SBL: 63.001-1-4.11

Applicant John Martone was present.

DARIN MADE A MOTION TO DECLARE A NEGATIVE DECLARATION
PURSUANT TO SEQR FOR MARTONE, CASE #2009-03, SUBDIVISION
SECONDED BY FRED. ALL MEMBERS WERE IN FAVOR. MOTION PASSED
WITH A VOTE OF 6-0. VOTE WAS AS FOLLOWS:

Charlie…………………….yes
Fred……………………….yes
Mike………………………yes
Bill………………………..yes
Darin……………………...yes
Roxanne………………….yes

MIKE MADE A MOTION TO APPROVE THE SUBDIVISION FOR MARTONE,
CASE 2009-03 AND GRANT FINAL PLAT APPROVAL, SECONDED BY FRED,
ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 6-0.
VOTE WAS AS FOLLOWS:

Charlie……………….yes
Fred………………….yes
Mike…………………yes
Bill…………………..yes
Darin………………...yes
Roxanne….………….yes

ZABIK: Case #2009-25 – Lot Line Adjustment - 25 & 29 Flatview Court (private
road), Ulster Park, NY; SBL: 64.001-2-23 & 24

Applicant Alex Zabik was present.

Roxanne informed the Board that Mr. Zabik’s timeframe to file his map with the County
Clerk has expired and he is here to request re-approval of a signed Final Plat as per our
Code. We need a re-approval which would give him another 180 days in which to file
the maps. The maps will need to be resigned.

DARIN MADE A MOTION TO GRANT CONDITIONAL FINAL PLAT
APPROVAL FOR ZABIK, CASE #2009-25, LOT LINE ADJUSTMENT,
CONDITIONED UPON RECEIPT OF THE ORIGINAL SIGNED MAPS
INCLUDING THE MYLAR, SECONDED BY MIKE. ALL MEMBERS WERE IN
FAVOR. MOTION PASSED WITH A VOTE OF 6-0. VOTE WAS AS
FOLLOWS:

Charlie………………yes
Fred…………………yes
Mike………………...yes
Bill………………….yes
Darin………………..yes
Roxanne…………….yes

MID-HUDSON VALLEY FEDERAL CREDIT UNION: Case #2009-26 –Site
Plan Review (lands of Freeman), 185 Broadway (US Route 9W; State Hwy
310), Kline Lane (Town Hwy 958), Port Ewen; SBL: 56.060-3-28.1

Representing this application were Bill Spearman, Mid-Hudson Valley Federal Credit
Union, Bruce Utter, Praetorius & Conrad and Michael Moriello, Attorney.

Myles reviewed M.L. Putman Consulting Report dated 5/20/10, copy given to applicant
and copy placed in file.

Myles stated that applicant submitted amended application and Notice of Intent for Lead
Agency. They would like to have the Board’s permission to circulate the Lead Agency
notification. Myles stated that the amended application involves using the Library parcel
for access. The idea is to create two linked parcels that would actually create two lots
between East Main Street and Kline Lane to service the main facility as well as the
possible future tenants of the Library site. There will be an easement added to one of the
lots for access to the other lot. We have a narrative addendum which indicates that they
do not want to treat the action as a Type II Action under SEQR but as an Unlisted Action
and recommends coordinated review. They plan to take down the Freeman building and
construct a 2,790 sq. ft. banking lot with an attached 3-bay drive-through facility with 22
spaces of parking on the Freeman property.

Mike Moriello stated that they submitted the amended application and the Notice of
Intent for Lead Agency which he hopes the Board will look at and take a vote and sign to
allow them to circulate. They also had Mike Nowicki of Ecological Solutions, LLC do
an endangered and threatened species report. They do that because there was a case
decided that stated that even if you have a letter from DEC you can not necessarily rely
on that letter and you have to do an independent study. They want to cover all the bases
so they had this report completed. This report did not find anything on this site
noteworthy.

Bruce Utter stated that they are using the existing curb cuts which are currently one way
in and one way out. Discussion took place regarding the traffic in and out of the Credit
Union property. It was agreed that it should be left as one way in and Kline is a two-way
street at one point and then it is a one way at the end by the light. They submitted a
partial grading plan. There is a vertical grade by Kline Lane but they put a 12% grade
going down. They will be tying into the existing water, sewer lines and existing gas lines
in the front of the building. Roxanne told them that they will need to coordinate with the
Water/Sewer Superintendent. Bruce spoke to DOT, Dave Corrigan, and they are in favor
of using the existing curb cuts. The last page of the plans shows lighting. He will have
cut sheets on the lights as well as the details on the plans. Discussion took place
regarding the lights and they were told that the lights on the site need to match the lights
on the street. Bruce will get street light information from Planning Board secretary.

Mike questioned additional parking that the pharmacy would be able to use. Bruce
showed the Board where the parking spaces were that could be used by the pharmacy.
Darin questioned the units in the front of the building and Bruce stated that they were
planning on landscaping around that area. The Mechanical Room is in the front of the
building.

Bruce stated that they are currently at ¾ of an acre of disturbance for the stormwater.
They plan to be under the 1 acre threshold so they are not required under NYSDEC
regulations to provide quality measures for stormwater. Bruce stated that he remembers
talk about how there are problems down stream and he is going to talk to the bank about
how they are going to mitigate that. Bruce stated that treating for quantity and quality are
two different things. Darin stated that if they can do quality as well it would probably
not be much more. They do not have to do the quality aspect but will try to help out with
the quantity. They are only adding ¼ acre of impervious surface. Bruce stated that with
the stormwater pollution/prevention plan it will not be a full blown GPO10 Plan. They
will have an erosion and sediment control plan and they will have hydraulic calculations
showing pre and post but it will be a modified plan.

Bruce stated that there are AC units in the front of the building and he will talk to them
about this to see if they can get them around the corner of the building but in the worse
case they will landscape around them. The entrance faces the parking lot.

Bruce stated that the stormwater regulations within the Town of Esopus do not kick in
until you have an acre of disturbance. They have no intention of having a pond on site
and with the soils that they have it will most likely be some sort of infiltration plan.Mike
Moreillo stated that the Town regulations call for minimization of stormwater run-off
when it is below 1 acre of disturbance.

Mike Moriello stated that he did hear from Peter Graham, Esq. Mike stated that he pulled
the deed for the Library property and Roxanne was correct. Peter explained that this is
not a Town piece of property and it is not technically part of a Town district. It is a
Library district but not governed under Article 10 and we do not need a resolution from
the Town Board. Peter will provide him with a letter. Mike feels that it is still
appropriate to say that it is an Unlisted Action under SEQR and have it circulated. They
also have been working on the structural study of the building. He will forward a copy of
this report. Planning Board members stated that there is nothing at this point that ties
their hands regarding the Freeman building. As far as DOT is concerned, the only thing
they want to see is the details on the signs.

DARIN MADE A MOTION TO CIRCULATE THE NOTICE OF INTENT AS
PREPARED BY THE PROJECT ATTORNEY, SECONDED BY FRED. ALL
MEMBERS WERE IN AGREEMENT. MOTION PASSED WITH A VOTE OF
1-06. 6-0. VOTE WAS AS FOLLOWS:

Charlie……………………yes
Fred………………………yes
Darin……………………..yes
Bill……………………….yes
Mike……………………..yes
Roxanne…………………yes

COSTELLO: Case #2010-03 – Lot line adjustment – 110 Loughran Lane, West
Esopus; SBL: 71.004-1.27.11

Myles reviewed M.L. Putman Consulting Report dated 5/20/10. Copy given to applicant
and copy placed in file.

Applicant was present along with his engineer, Colin Houston. Applicant amended
application to change from subdivision application to lot line adjustment. They
submitted a letter to waive the Public Hearing.

FRED MADE A MOTION TO ACCEPT THE MAPS AS DRAWN ON A SCALE
OF 1 INCH EQUALS 200 FEET, SECONDED BY DARIN. ALL MEMBERS
WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 6-0.

Bill questioned Board of Health approval. This is technically not a subdivision so you do
not need Board of Health approval prior to the Planning Board approving the lot line
adjustment. Applicant stated that he has already tested the area and is comfortable with
the fact that they can locate a septic and well. Applicant stated that they will probably
take it to the Board of Health.

MIKE MADE A MOTION TO WAIVE THE PUBLIC HEARING FOR
COSTELLO, CASE #2010-03 AS PER SECTION 107.16.A, SECONDED BY
DARIN. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A
VOTE OF 6-0.

Charlie………………….yes
Fred…………………….yes
Darin……………………yes
Bill……………………...yes
Mike……………………yes
Roxanne………………..yes

FRED MADE A MOTION TO DECLARE A NEGATIVE SIGNIFICANCE
PURSUANT TO SEQR FOR COSTELLO, CASE #2010-03, LOT LINE
ADJUSTMENT. MOTION PASSED WITH A VOTE OF 6-0. VOTE WAS AS
FOLLOWS:

Charlie…………………yes
Fred……………………yes
Darin…………………...yes
Bill…………………......yes
Mike……………………yes
Roxanne………………..yes

MIKE MADE A MOTION TO GRANT CONDITIONAL FINAL APPROVAL
FOR COSTELLO, CASE #201003, LOT LINE ADJUSTMENT CONTINGENT
UPON APPLICANT PROVIDING 6 SIGNED MAPS AND 1 MYLAR FOR THE
BOARD’S SIGNATURE, SECONDED BY DARIN. ALL MEMBERS WERE IN
FAVOR. MOTION PASSED WITH A VOTE OF 6-0. VOTE WAS AS
FOLLOWS:

Charlie…………………yes
Fred……………………yes
Darin…………………..yes
Bill…………………….yes
Mike…………………..yes
Roxanne………………yes

NEW BUSINESS:

MURPHY: Case #2010-07 – Subdivision – 30 Ulster Avenue, 676 Broadway; Ulster
Park; SBL: 63.004-5-16.22

We need to go through the process for this application again since the maps were never
brought in for signature in time and the timeframe has expired. Myles reviewed M.L.
Putman Consulting Report dated 5/20/10, copy given to applicant and copy placed in the
file.

Applicant was represented at the meeting by Colin Houston. Myles stated that there are
no changes to the maps and that this is exactly what was approved in 2008. Recreation
Fee of $3,000.00 has been received. Applicant will drop off copy of Health Department
approval.

DARIN MADE A MOTION TO DECLARE A NEGATIVE DECLARATION
PURSUANT TO SEQR BASED UPON PREVIOUS EAF ON FILE AND THAT
THE PROJECT HAS NOT CHANGED FROM WHAT WAS APPROVED
BEFORE FOR MURPHY, CASE #2010-07, SECONDED BY MIKE. ALL
MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 6-0.
VOTE WAS AS FOLLOWS:

Charlie………………..yes
Fred…………………..yes
Darin………………….yes
Bill……………………yes
Mike………………….yes
Roxanne……………...yes

DARIN MADE A MOTION TO SCHEDULE A PUBLIC HEARING FOR
MURPHY, CASE #2010-07 FOR JUNE 24, 2010 AT 7:10 PM CONTINGENT
UPON RECEIPT OF $200.00 FEE BY THE PLANNING BOARD CUT OFF DATE
OF JUNE 10, 2010, SECONDED BY CHARLIE. ALL MEMBERS WERE IN
FAVOR. MOTION PASSED WITH A VOTE OF 6-0. VOTE WAS AS
FOLLOWS:

Charlie………………yes
Fred…………………yes
Darin………………..yes
Bill………………….yes
Mike………………..yes
Roxanne……………yes

LAPORE & GRAZIANO: Case #2010-06 – Lot Line Adjustment – 1525-1535
Broadway (US Route 9W; State Hwy 5508), West
Park; SBL: 72.003-1-7, 8, 9, 39.12 & 39.21

Myles reviewed M.L. Putman Consulting Report dated 5/20/10, copy given to applicant
and copy placed in file.

Applicants were represented by Michael Vetere. Applicant submitted a letter requesting
a waiver of the Public Hearing as per Section 107.16.A.

Following some discussion it was felt that we were taking a bad situation and making it
better.

MIKE MADE A MOTION TO WAIVE PUBLIC HEARING PURSUANT TO
SECTION 107.16.A FOR LAPORE & GRAZIANO, CASE #2010-06, SECONDED
BY DARIN. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A
VOTE OF 6-0. VOTE WAS AS FOLLOWS:

Charlie…………………..yes
Fred……………………..yes
Mike…………………….yes
Bill………………………yes
Darin……………………yes
Roxanne………………...yes

MIKE MADE A MOTION TO DECLARE NEGATIVE DECLARATION
PURSUANT TO SEQR FOR LAPORE & GRAZIANO, CASE #2010-06,
SECONDED BY DARIN. ALL MEMBERS WERE IN FAVOR. MOTION
PASSED WITH A VOTE OF 6-0. VOTE WAS AS FOLLOWS:

Charlie………………….yes
Fred…………………….yes
Mike……………………yes
Bill……………………..yes
Darin…………………..yes
Roxanne……………….yes

FRED MADE A MOTION TO REFER LAPORE & GRAZIANO, CASE #2010-06
TO THE WATERFRONT ADVISORY BOARD, SECONDED BY CHARLIE.
ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 6-0.

Applicant was told that he will need to come to next month’s meeting for approval
contingent upon comments from the Waterfront Advisory Board. Applicant was told that
he will need to submit 6 paper maps and 1 mylar signed by the owners.

ZBA REFERRALS: None.

MISCELLANEOUS: None

CHARLIE MADE A MOTION TO ADJOURN AT 8:40 PM, SECONDED BY
MIKE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE
OF 6-0.

NEXT MONTHLY MEETING: JUNE 24, 2010

DEADLINE DATE: JUNE 10, 2010

NEXT PRE-SUBMISSION: JUNE 1, 2010

Respectfully submitted:

April Oneto
Planning Board Secretary