TOWN OF ESOPUS
PLANNING BOARD MEETING MINUTES
June 27, 2002

BOARD MEMBERS PRESENT: Roxanne Pecora
    Russ Shultis, Chairman
    Dennis Suraci
    Kathy Weitze
 
EXCUSED:   John McMichael
    Linda Smythe
    Fred Zimmer

ALSO PRESENT:  Nancy Clark, Planning Board Engineer (Chazen Engineering)
    Miles Putman, Planning Board Consultant (Shuster Associates)

At 7:05 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

ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD APPROVE THE MINUTES FROM THE MAY 23, 2002 PLANNING BOARD MEETING AS PREPARED AS WELL AS THE JUNE 6, 2002 AND JUNE 20, 2002 WORKSHOP MEETINGS 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 RUSS SHULTIS 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...................(5/18/02 - 6/21/02)..............................................      23.5 Hrs.
 Daily Freeman......................(Schroeter & Roarabaugh Pubic Hearings)......      $26.68
At this time in the meeting, Chairman Russ Shultis took the opportunity to introduced the Planning Board’s newest member, Dennis Suraci, who will be finishing out Mairlyn Coffey’s term on the Board which runs through December 31, 2003.

PUBLIC HEARINGS

SCHROETER - (2001-24) - 850 Old Post Road, West Esopus, NY
        2 Lot Subdivision
        Tax SBL #71.002-1-5

ROXANNE PECORA MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE PLANNING BOARD OPEN THE PUBLIC HEARING FOR THE SCHROETER APPLICATION.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.  Mr. Schroeter and Mr. & Mrs. Staccio, the potential purchasers of one lot in the proposed subdivision, were present at this meeting.  At this time, Chairman Shultis noted that the map concerning this application was incomplete since it does not show a notation regarding no further re-subdivision, a zoning block, signature blocks for both the landowner and also the Planning Board; and a surveyor’s stamp and signature.  For this reason, public comments this evening would be heard and the public hearing would then be adjourned and reconvened next month when a revised plat is received.  Chairman Shultis called for public comments.  None were made.  Shuster Associates review regarding this application was briefly discussed.  A copy of the same is on file and a copy was given to Mr. Schroeter.  ROXANNE PECORA MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE PLANNING BOARD RECONVENE THE SCHROETER PUBLIC HEARING ON THURSDAY, JULY 25, 2002 AT 7:10 PM.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.

ROARABAUGH - (2002-05) - 165 West Stout Ave. @ Bayard St. @ 162 Doris St., Port Ewen, NY
              Lot Line Adjustment
             Tax SBL #56.067-3-13, 14 & 15

ROXANNE PECORA MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE PLANNING BOARD OPEN THE ROARABAUGH PUBLIC HEARING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.  No representation for this application was present at this time during the meeting.  ROXANNE PECORA MADE A MOTION, SECONDED BY RUSS SHULTIS, TO TABLE THE ROARABAUGH PUBLIC HEARING UNTIL LATER IN THE MEETING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.

NEW BUSINESS

YESS (Karl) - (2002-08) - Plutarch Road; 202 Swarte Kill Road, West Esopus, NY
                  Garage in Front of Dwelling
   Tax SBL #79.001-1-15.2

Mr. Lou Yess was present at this meeting.  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. Yess.  Maps were reviewed.  Mr. Yess noted that
the garage would be sited approximately 800’ off each road (Plutarch Rd. & Swartekill Rd.).  Chairman Shultis noted that he and Board member Roxanne Pecora visited the site and felt the location of the proposed garage was acceptable since there was no other real place to put it.  RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT IN ACCORDANCE WITH SECTION 123-21.C.5.d. AND AFTER AN ON-SITE REVIEW OF THE KARL PROPERTY, THE PLANNING BOARD APPROVE THE LOCATION OF THE PROPOSED GARAGE AS SHOWN ON FINAL PLAT TITLED R & S ENTERPRISES OF LONG ISLAND LTD. DATED OCTOBER 3, 2000 AND REVISED THROUGH DECEMBER 13, 2000.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.

PALMER - (2002-09) - 14 Soper Road, West Esopus, NY
              Garage in Front of Dwelling
              Tax SBL #71.002-1-10

Mrs. Palmer was present at this meeting.  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 Mrs. Palmer.  Chairman Shultis noted that he made an on-site inspection of this property, and he felt that given the lay of the land, there really was no other feasible location for the garage except for what was being proposed.  Roxanne Pecora questioned the ownership of the site as mentioned in Shuster Associates review.  Mrs. Palmer noted that the property is only owned by Palmer.  RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT PURSUANT TO SECTION 123-21.C.5.d., THE PLANNING BOARD APPROVE THE PROPOSED LOCATION FOR THE PALMER GARAGE AS SHOWN ON THE APPLICANT’S PLOT PLAN.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.

PUBLIC HEARING & OLD BUSINESS

ROARABAUGH - (2002-05) - 165 West Stout Ave. @ Bayard St. @ 162 Doris St., Port Ewen, NY
              Lot Line Adjustment
             Tax SBL #56.067-3-13, 14 & 15

ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING RESUME THE ROARABAUGH PUBLIC HEARING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.  Ms. Roarabaugh was present at this meeting.  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 Ms. Roarabaugh.  At this time, Chairman Shultis called for public input.  None was made.  RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA THAT THE ROARABAUGH PUBLIC HEARING BE CLOSED.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.  ROXANNE PECORA MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE PLANNING BOARD APPROVE THE ROARABAUGH APPLICATION, CASE 2002-05, DECLARE NEGATIVE DECLARATION FOR SEQR, GRANT PRELIMINARY PLAT APPROVAL, WAIVE SUBMISSION OF A FINAL PLAT AND GRANT CONDITIONAL FINAL PLAT APPROVAL SUBJECT TO THE SUBMISSION OF THE NUMBER OF PRINTS AND A REPRODUCIBLE MASTER SIGNED BY THE LANDOWNERS, FOR SIGNING BY THE BOARD.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.
OLD BUSINESS

VICTORIAN ASSOC. INC. - (2002-06) - Connelly Road; The Hills, Port Ewen, NY
                                                                      Site Plan - Phase D
                                                                      Tax SBL #56.051-8-1 & 56.051-1-35 & other lots

The applicant, his engineer, and his attorney were present at this meeting.  Chairman Shultis introduced Nancy Clark, the Planning Board’s engineer from Chazen Engineering, who was at this evening’s meeting.  Nancy met with Russ Shultis on-site and prepared an engineering review for this proposal.  A copy of the same is on file and a copy was given to the applicant.  At this time, Nancy went over her review.  Miles Putman of Shuster Associates felt that comment #6 of Nancy’s review might be referring to getting access off Sentar Lane which is a private road that accesses off Sunset Drive; Hamilton Drive is nowhere near this property.  Nancy noted that this was how the original maps were labeled.  Maps were reviewed.  Chris Zell asked if Nancy Clark was given the new topo map that was flown.  At this time, a copy of the same was given to Nancy.  Russ Shultis asked Nancy Clark if in her opinion, given the topography of Section D, there really was no feasible way to get another access through.  Nancy felt it would be quite difficult.  Russ then asked Nancy if it was not feasible to have another access off of Connelly Road, in her opinion, would it be possible to rework the existing entrance.  Nancy noted that on the Planning Board’s approved plan from 1986, it indicated that for Section C & D, there would be a secondary access, and she would be reluctant to see the Planning Board allow additional units on one access.  The applicant’s attorney did not think that the 1986 plan showed two accesses; it showed the two roads that are there now, one being an emergency access.  Nancy did not see where the one road was labeled as an emergency access road on the map.  Russ Shultis believed the one road is emergency because of the location where it exits off of Connelly Road; Art Cross, the Highway Superintendent would not agree to allow this to be used for public access because of this reason.  Chairman Shultis asked Nancy Clark about the stabilization of the bank along the emergency road.  Nancy stated that because she didn’t have the overall topo of the site, she didn’t make a specific comment on this, but felt the bank would need a lot of work.  She also noted that drainage was the significant comment which might require a retention area, etc., and this was something that had changed since 1992 and is regulated by the EPA through the Clean Water Act and handed down to the DEC.  Roxanne Pecora asked for Nancy Clark’s feeling about Art Cross’ suggestion to move the emergency road entry point 100’ east.  Nancy felt this would make sense from the site distance standpoint on Connelly Road, however, there would still be quite a slope.  Nancy stated that she was recommending that any internal road for this project not exceed a 10% slope.  For the record, Mile Putman noted that the only road standards for roadway grades that appeared to have been in effect when this site plan was approved were the ones in the Subdivision Chapter 107 that says no more than 5% through a major street and 12% grade for a minor collector street.  Discussion was had about having a road come out on Sentar Lane as well as public safety.  The applicant will evaluate what was presented tonight by the Planning Board’s engineer and get back with the Board.

STEWART’S - (Case #2001-25) - 197 & 199 Broadway, Port Ewen, NY
    Site Plan
    Tax SBL #56.060-5-2 & 3

A representative for Stewart’s was present at this meeting.  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 Stewart’s representative.  Maps were reviewed.  Board members felt that this plan was an improvement to the previous plan.  It was requested that the applicant show the computer generated data pertaining to the turning radius for trucks coming in to deliver fuel.  Roxanne Pecora suggested that in addition to the white painted arrows for ingress and egress there also be one way signs.  Russ Shultis asked about the frequency of fuel deliveries.  The representative noted that it changes with the seasons, but he assumed it would be every 3-4 days.  It was noted that the applicant would have to approach the Zoning Board of Appeals for an area variance for the proposed canopy setback from the northerly lot line.  It was also suggested that while approaching the ZBA, the applicant obtain a variance from the parking requirements so they can decrease the number of parking spaces in the front of the building in order to make a wider handicapped space and so customers are not backing up into incoming traffic.  Stewart’s representative noted that they intend to address all the details in Shuster’s review and noted that they have an accurate survey now.  The Planning Board suggested that Stewart’s contact the DOT (Joe Viscanti)  to see what their plans are for the highway in this area.  ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD APPROVE THIS AS A SKETCH PLAN TO ALLOW THEM TO GO FORWARD TO THE ZONING BOARD OF APPEALS.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.  Roxanne Pecora suggested that the following comments be forwarded to the ZBA:

· The proposed handicapped-accessible space should be widened from the 9’ width shown.
· The applicant will need to approach the ZBA for an area variance for the proposed canopy setback from the northerly lot line as required in Section 123-13.H.2.
· The number of parking spaces be reduced so as to not be backing out into incoming traffic.

BOUGHTON - (Case #2002-07) - 88 Lower Broadway/Old 9W/Route 984-D, Port Ewen, NY
    Conditional Use Permit w/Site Plan
    Tax SBL #56.051-3-4

Charlie Wesley represented the applicant at this meeting.  Because of the short timeframe between the ZBA meeting and tonight’s meeting, new maps were not yet available.  A variance was granted by the ZBA on June 18, 2002, to place the miniature golf course, as shown on drawing #22001 revised June 11, 2002, within the 100’ wide required yard area as noted in Section 123-21.B.1 with the stipulation that the golf course hours would be no later than 9:00 pm on weeknights and 10:00 pm on weekends.  New maps will be prepared and submitted that show lighting, grading, etc., and this application will be placed back on next month’s agenda.

NEW BUSINESS

MAHAIRAS - (Case #2002-10) - 100-120 Carney Road, Rifton, NY
                  7 Lot Subdivision
    Tax SBL #63.003-3-22.4

Mr. J. Pisani, attorney, and Mr. Davidson of Brinnier and Larios represented the applicant at this meeting.  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. Pisani.  It was noted that access to a street via a right-of-way is generally prohibited by zoning local law, except in the case where (1) an “open development area” is designated by the Town Board, to permit lot access via rights-of-way; or (2) an area variance has been granted to this effect by the ZBA, as provided for in Section 280-a.3 of NYS Town Law.  It was also noted that this application would be subject to a recreation fee of $100 per lot.  Chairperson Shultis stated that he would like to see approval from the Ulster County Health Dept. because of the number of lots being proposed.  There was some question as to whether this application would be subject to any new subdivision regulations currently being worked on by the Town.  Chairman Shultis will look into this matter.  Mr. Pisani noted that before this evening, he wasn’t aware that every lot should front on a mapped road and, as an attorney, he had some reservations about the existing configurations of the lots.  Mr. Pisani stated that he would like to consult with his client to see if they can reconfigure lots 6 & 7 in some way.  A copy of the draft subdivision regulations currently being worked on by the Town will be forwarded to Mr. Davidson.
MISCELLANEOUS BUSINESS

Presubmission Conf. - Peischel (Cowhough Rd., 2 Lot Subdivision)

Mr. & Mrs. Peischel were present at this meeting.  Miles Putman of Shuster Associates gave his pre-application review of the case.  A copy of the same is on file and a copy was given to the Peischels.  It was suggested that if an application was going to be submitted for a two lot subdivision to split the house sites up, it might also be a good time to correct a prior land “swap” with the Bruderhof that took place back in the 80’s without coming before the Planning Board.  The applicants were told that a formal application would have to be submitted with a survey map that shows metes and bounds for the proposed lot lines and those parcel lines altered previously by the exchange with the Bruderhof.  The survey should also show accurate locations of buildings, septic areas, wells and driveways; along with any easements and encumbrances of record.

ZBA Referrals

Two (2) ZBA referrals (Werbeck & Szymanski) were received by the Planning Board.  It was agreed that a ‘no comment’ response would be forwarded back to the ZBA regarding these referrals.  It was also decided that Chairman Shultis will check with the Planning Board’s attorney to see what the Board’s responsibility is regarding ZBA referrals as Board members had mixed feelings on how involved the Planning Board should be with them.

Correspondence

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

Workshop Meeting

It was decided that, at this time, no further workshop meetings would be scheduled.

Adjournment

WITH NO OTHER BUSINESS PENDING, RUSS SHULTIS 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