TOWN OF ESOPUS
PLANNING BOARD MEETING MINUTES
June 28, 2001

BOARD MEMBERS PRESENT: Marilyn Coffey, Chairperson
    John McMichael
    Russ Shultis
    Linda Smythe
    Kathy Weitze
    Fred Zimmer

EXCUSED:   Roxanne Pecora

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

At 7:00 pm, Chairperson Marilyn Coffey called the meeting of the Town of Esopus Planning Board to order beginning with the Pledge of Allegiance to the Flag.  Marilyn then advised the public of the building’s fire exits, and roll call was taken.

Minutes

LINDA SMYTHE MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE PLANNING BOARD APPROVE THE MINUTES OF THE MAY 24, 2001 PLANNING BOARD MEETING AND THE JUNE 7, 2001 PLANNING BOARD WORKSHOP MEETING AS THEY WERE PREPARED.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.

 Vouchers
A MOTION WAS MADE BY KATHY WEITZE AND SECONDED BY RUSS SHULTIS TO ACCEPT ALL VOUCHERS SUBMITTED AND READ.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH PASSED BY A 6-0 VOTE.
The vouchers submitted and read were as follows:

 Kristy L. Nelson..........(5/19/01 - 6/22/01)................................................................................   22.5 hrs.
 Daily Freeman.............(Public Hearing Notices - Woinoski)..................................................   $  13.18
PUBLIC HEARING & OLD BUSINESS

WOINOSKI - (2001-009) - 225 & 229 Broadway, Port Ewen, NY
       Lot Line Adjustment
       Tax SBL #56.068-1-42 & 41

FRED ZIMMER MADE A MOTION, SECONDED BY JOHN MCMICHAEL , THAT THE PLANNING BOARD OPEN THE PUBLIC HEARING FOR WOINOSKI.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.  Applicant Bruce Woinoski was present at this meeting.  Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review for this case.  A copy of the same is on file and a copy was given to Mr. Woinoski.  At this time, Chairperson Coffey called for any public comments.  None were made.  JOHN MCMICHAEL MADE A MOTION, SECONDED BY FRED ZIMMER, TO CLOSE THE WOINOSKI PUBLIC HEARING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.

JOHN MCMICHAEL MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE PLANNING BOARD RENDER A DETERMINATION OF NON-SIGNIFICANCE (NEGATIVE DECLARATION) PURSUANT TO SEQR; AND GRANT PRELIMINARY PLAT APPROVAL, WAIVE SUBMISSION OF A FINAL PLAT AND GRANT FINAL PLAT APPROVAL.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.  Maps were signed.
 

PRINZ - (2000-021) - 272 Broadway, Port Ewen, NY
           2 Lot Subdivision & Lot Line Adjustment
           Tax SBL #56.075-2-2 & 23

Applicant George Prinz was present at this meeting.  Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review for this case.  A copy of the same is on file and a copy was given to Mr. Prinz.  Miles felt there was some confusion on the Zoning Board of Appeals’ part when Mr. Prinz appeared before them.  He suggested that before the Planning Board took any further action on this application, it should request clarification from the ZBA.  Maps were reviewed and discussion was had about the layout of the proposal, the future street as it appears on the map, and the 50’ right-of-way.  Russ Shultis indicated that at the ZBA’s public hearing for Prinz, neighbors appeared and stated that they owned the property that was to be the future road.  Russ also noted that it appears this way on the tax map.  George Prinz stated that this was not true.  Mr. Prinz noted that he talked to Supervisor Rice about this matter, and the neighbors did buy the property and are paying taxes on it, but the Town never relinquished their right to the road.  Miles Putman agreed and noted that the Avon Park Subdivision Plat has an offer of cession written on it, and no one from Avon Park has ever come for a subdivision plat amendment to remove this notation.  Chairperson Coffey advised Mr. Prinz that she would contact the Zoning Board of Appeals Chairman to try to clear up the questions the Planning Board had regarding his variance and that he would be placed back on next month’s agenda.  Mr. Prinz was told not to do anything further with his map.

STACCIO - (2001-007) - Off Hussey Hill Road, Union Center, NY
                  2 Lot Subdivision and Lot Line Revision w/Kohn
                  Tax SBL #63.004-1-6

Has not yet received a decision from the Zoning Board of Appeals, therefore, postponed.
HEAVENLY VALLEY - (1988-025) - St. Joseph’s Blvd., Four Sisters Land & Scott St., Port Ewen, NY
           Phase 2 of Subdivision
           Tax SBL #56.075-3-1

Mr. Joe Grogan and Mr. Danielle were present at this meeting.  Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review for this case.  A copy of the same is on file and a copy was given to Mr. Grogan.  It was noted that $5,000 was deposited into Heavenly Valley’s escrow account.  Regarding the sewer easement, Mr. Danielle stated that it was currently in the hands of the school board and should be resolved in the next couple of weeks.  It was Miles Putman’s suggestion that the Planning Board have its engineer review the drainage modifications.  Russ Shultis noted that maps pertaining to Scott Street have been turned over to Art Cross, the Highway Superintendent, who was to contact Supervisor Ray Rice about meeting with the attorney to write up a description and have the deed taken care of.  Chairperson Coffey will contact Nancy Clark of Chazen Engineering about reviewing the drainage modifications.  This case will be placed back on next month’s Planning Board agenda.

DACON/IRON MOUNTAIN - (2001-013) - Ulster Avenue, Port Ewen, NY
                                   Site Plan Amendment
                                   Tax SBL #63.002-2-10

Representatives of Iron Mountain were present at this meeting, including their attorney, Richard Riseley.  Miles Putman of Shuster Associates gave his project review for the Site Plan Amendment of Iron Mountain, Phase 3.  A copy of the same was given to the applicant’s representatives and a copy is on file.  Maps were reviewed.  Iron Mountain’s representative presented the history of this project to date to the Board.  He noted that they have been talking with the County Dept. of Highways and Bridges about the new second access on Ulster Avenue, the main entrance, and the utilities (water, sewer and storm sewer).  It was noted that the County has already issued the required permits for the utilities.  In addition, Don Kiernan, the Town’s Water & Sewer Superintendent has been on site and has no problem with the setup.  At this time, the storm water treatment plan was reviewed.  Landscaping was discussed.  Richard Riseley noted that regarding the mix of different types of trees, his client had no problem with this and could submit a plan showing the same.  It was also noted that the applicant had no problem with providing glare shields for the lighting as well as the pole mounted light for the parking area.  Russ Shultis had a question about the truck traffic.  Iron Mountain’s representative noted that Ulster Avenue would be the main road that supplies the Phase 3 building and there is enough of a curbcut for the same.  AT THIS TIME, CHAIRPERSON COFFEY MADE A MOTION, SECONDED BY LINDA SMYTHE , THAT THE PLANNING BOARD EXERCISE ITS OPTION TO HOLD A PUBLIC HEARING ON THIS APPLICATION.  Russ Shultis noted that he visited the property and took some height measurements to see where the height of the Phase 3 building would be if you were on 9W.  It was his opinion that there was not a need for a public hearing because given the site angle he did not think you would see much of the building from 9W to the point where it would be offensive.  Chairperson Coffey felt it would be nice to have a public hearing to be able to tell the public this if they had concerns.  Linda Smythe visited the property and felt there were no neighbors that would oppose this so no public hearing would be needed.  Fred Zimmer also felt that a public hearing was not required.  It was noted that when the ZBA held a public hearing regarding this proposal, no one showed.  Kathy Weitze felt that the public had an opportunity to speak previously.  BECAUSE OF THE DISCUSS ON THE MOTION ON THE FLOOR, CHAIRPERSON COFFEY AND LINDA SMYTHE WITHDREW THE SAME.  The Planning Board members agreed that a public hearing on this application would not be required.  It was also agreed that the applicant would come up with an estimate for the performance guarantee for the site landscaping.  KATHY WEITZE MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD REFER THIS APPLICATION TO THE ULSTER COUNTY PLANNING BOARD AND THE TOWN SEWER AND WATER DISTRICT FOR THEIR REVIEW. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.  Richard Riseley asked the Board members, so there was no misunderstanding, if it was okay for Iron Mountain to begin putting the utilities under Ulster Ave. and the footings in.  Iron Mountain has valid permits to do both.  The Planning Board members didn’t have a problem with either item.
FREEMAN - (2001-008) - 185 Broadway; 126 East Main St. & Klein Lane, Port Ewen, NY
      3 Lot Subdivision with a Lot Line Adjustment
      Tax SBL #56.060-3-28

Applicant Doug Freeman was present at this meeting.  Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review for this case.  A copy of the same is on file and a copy was given to the applicant.  Fred Zimmer felt this application would have to be referred to the Water Dept. because he did not think there was central water and sewer on Kline Lane.  Fred also noted that Kline Lane was a two-way street from the back of the drugstore down.  Chairperson Coffey will speak with Don Kiernan, the Town’s Water & Sewer Superintendent, about what lines exist and who is responsible for extending lines.  LINDA SMYTHE MADE A MOTION, SECONDED BY KATHY WEITZE , THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING FOR THURSDAY, JULY 26, 2001, AT 7:00 PM FOR DOUG FREEMAN ON THE REVISED SUBDIVISION PROPOSAL - 3 LOTS AND CONVEYANCE TO ESOPUS-PORT EWEN LIBRARY.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.

HAMILTON - (2001-12) - 173 & 179 Horton Lane, Port Ewen, NY
      Lot Line Revision
      Tax SBL #56.059-2-17 & 18

Steven Hamilton was present at this meeting.  Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review for this case.  A copy of the same is on file and a copy was given to the applicants.  The Planning Board requested the submission of a revised plat that shows a delineated street parcel, set 25’ off the existing pavement centerline of Horton Lane, a location map inset and a revised “zoning block” (table of district bulk requirements).  JOHN MCMICHAEL MADE A MOTION, SECONDED BY MARILYN COFFEY, THAT THE PLANNING BOARD HOLD A PUBLIC HEARING ON HAMILTON PENDING THE SUBMISSION OF A REVISED PLAT ON THURSDAY, JULY 26, 2001, AT 7:15 PM.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.
 
NEW BUSINESS

COOPER - (2001-14) - 611 Old Post Road, West Esopus, NY
              2 Lot Subdivision
              Tax SBL #71.002-3-19.1

Mr. Cooper was present at this meeting.  Miles Putman of Shuster Associates, the Planning Board’s consultant,
gave his project review for this case.  A copy of the same is on file and a copy was given to the applicant.  The Planning Board requested the submission of a revised plat that depicts a properly-sized septic area (primary and reserve), an approved driveway access location for Lot 1, and the current names of all abutting property owners, including those on the north side of Old Post Road.  Mr. Cooper noted that he had already applied for a driveway cut for Lot 1, and the Board of Health approvals were being processed.  FRED ZIMMER MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD APPROVE THE SKETCH PLAN FOR THE DENNIS COOPER SUBDIVISION.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.
CITIVISION - (2001-015) - 126 Carney Road, Rifton, NY
        Site Plan - Roof Over Basketball Court
        Tax SBL #63.003-3-17 & 18

Attorney J. Pisani represented the applicant at this meeting.  Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review for this case.  A copy of the same is on file and a copy was given to the applicant’s representative.  Mr. Pisani noted that there are no additional outdoor lights being proposed other than the security lights that currently exist at property.  LINDA SMYTHE MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING ON THIS APPLICATION FOR THURSDAY, JULY 26, 2001, AT 7:30 PM.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.  Chairperson Coffey informed Mr. Pisani that they have the wrong Tax Map number on their application and advised him to take the necessary steps to correct the same.

NAVARA - (2001-016) - 279 Broadway, 8 River Road, Port Ewen, NY
   Conditional Use Permit w/Site Plan
   Tax SBL #56.076-1-22

Mr. Navara was present at this meeting.  Miles Putman of Shuster Associates, the Planning Board’s consultant gave his project review for this case.  A copy of the same is on file and a copy was given to the applicant.  Chairperson Coffey asked the applicant if he had provisions to see that tires are removed from the site.  Mr. Navara stated that they have a service that comes and picks up the tires when they have about 70 tires.  These tires are stored indoors until pickup.  Russ Shultis asked the applicant if he had any problems with his current neighbors as far as noise, hours of operations, lights, etc.  Mr. Navara stated that all his neighbors are very supportive.  Signage was discussed.  The applicant indicated that he intends to put lettering on the side of the building that would be about the same size as the height of the windows he was proposing to put in.  Lighting was discussed next, and the applicant was told that any outdoor lighting fixtures should be glare-shielded with cut-off luminaries.  Fred Zimmer asked the applicant what made him think he needed more parking.  Mr. Navara stated that he has a few contracts with companies, like UCP, for handicapped buses, a 25 passenger bus, that take up a considerable about of room and this was why he was proposing the extra parking area.  Russ Shultis noted that he would be interested in seeing the additional parking area screened with vegetation.  Russ also had a concern about trash pickup and noise resulting from the same.  The applicant noted that he plans on putting in a waste oil furnace and he has an antifreeze coolant recycler.  Kathy Weitze suggested that the Board consider referring this application to the Town’s Environmental Board.  This application would also require a public hearing and referral to the Ulster County Planning Board and the Town’s Waterfront Advisory Board.  The proposed change of business use should also be reviewed by the NYSDOT.  The Planning Board requested the applicant submit a to-scale site plan drawing, preferably at a scale range of 30 to 60 feet to the inch.  This drawing should distinguish between existing buildings and improvements, and those which are proposed.  Existing and proposed landscaping should be provided, and the expanded parking area designed in accordance with the standards of Section 123-24.A.2., and access must comply with Section 123-13.J2.  The proposed type of surfacing should be specified for the expanded parking area, and the plan drawing should also show a limit of disturbance and provision made for stormwater drainage.  Signage, lighting, and service connections should also be shown.

ULSTER AUTOBODY OF PORT EWEN - (2001-017) - Route 9W & Schryver St., Port Ewen, NY

This application was a proposal for an automobile dealership.  It was determined that this type of business was not allowed in a Business Commerical (BC) zoning district, therefore, the application was taken off the agenda.
 
MISCELLANEOUS BUSINESS

Presubmission Conf. - Petitti

Mr. Petitti requested to be taken off the agenda.

Presubmission Conf. - YMCA

Mr. Dave Johnson of the YMCA and a representative of  Cooperation Extension were present at this meeting.  Mr. Johnson explained that the YMCA has been operating a day camp for five (5) summers in New Paltz at either the High School or the SUNY Campus, and they need a permanent facility.  He noted that they discovered the Cooperative Extension Camp which hadn’t operated in twelve seasons.  Cooperative Extension would retain ownership of the property, and the YMCA would have a lease and would raise the money to do whatever needs to be done.  Dave Johnson said it was the Y’s plan to rehab the property and make it a day camp; for 8-10 weeks in the summertime there would be 200-300 campers with staff.  He added that generally this would mean no overnights except maybe once every 2 weeks for some of the campers.  Cooperative Extension would use the property on some weekends as would the YMCA on other weekends so that the property would be used for about an 8 month period.  Mr. Johnson looked to the Planning Board to find out what they needed to do next.  Dave Johnson noted that Don Otis, the Town’s Building Inspector, told him that they would need to obtain a conditional use permit since the property is in an R40 zone.  Chairperson Coffey asked how large the property was.  Mr. Johnson stated that there are 2 parcels owned by Cooperative Extension which total approximately 52 acres.  Kathy Weitze asked what the occupancy of the camp was 12 years ago.  The representative of Cooperative Extension was not sure, but would try to get this information.  Dave Johnson noted that the children would be bused to the camp.  Chairperson Coffey asked how long ago this was a 4H camp.  The Cooperative Extension representative noted that about 12 years ago they had a full-time summer program there, and they have been using it off and on in the past 12 years for activities.  It was noted that there is a variance on record to have this Cooperative Extension day camp, however, Mr. Johnson stated that Don Otis felt the variance probably was not still current.  Miles Putman noted that variances run with the land.  The Planning Board felt the first step for Mr. Johnson would be to check to see if the Cooperative Extension camp had records that verify that the camp was established prior to zoning (1971) and was an ongoing use.  If this can be shown, the camp would be grandfathered.  If these records are found, they should be forwarded to the Planning Board.  If no records can be found, then the Board would research their records to see if a variance was granted. If neither can be determined, a Conditional Use Permit Application w/Site Plan would have to be submitted to the Planning Board.  If the camp is found to be grandfathered or the variance found, then the only requirement would be Site Plan Approval.

Workshop Meeting

Chairperson Coffey reminded the Planning Board members that a Planning Board Workshop meeting has been scheduled for Wednesday, July 18, 2001 at 7 pm at the Town Hall in Port Ewen, NY.

ZBA Referrals

Two ZBA referrals (Soura & Cooper) were received by the Planning Board.  Since the Planning Board’s secretary was on vacation for this meeting, these referrals could not be found.  Therefore, a ‘No Comment’ referral was returned on both.
Correspondence

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

Adjournment

WITH NO OTHER BUSINESS PENDING, LINDA SMYTHE MADE A MOTION, SECONDED BY KATHY WEITZE, TO CLOSE THE MEETING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION.  MEETING ADJOURNED.

        Respectfully submitted,

        Kristy L. Nelson
        Secretary