BOARD MEMBERS PRESENT: John McMichael
Russ Shultis, Chairman
Linda Smythe (Arrived Late; Excused Early)
EXCUSED: Dennis Suraci
ALSO PRESENT: Miles Putman, Shuster Associates, Planning Board
At 7:00 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.
ROXANNE PECORA MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT THE PLANNING BOARD APPROVE THE MINUTES OF THE MAY 22, 2003 PLANNING BOARD MEETING AS PREPARED. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.
At this time in the meeting, Board Member Linda Smythe arrived.
A MOTION WAS MADE BY RUSS SHULTIS AND SECONDED BY JOHN MCMICHAEL TO ACCEPT ALL VOUCHERS SUBMITTED AND READ. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH PASSED BY A 5-0 VOTE.
The vouchers submitted and read were as follows:
Kristy L. Nelson..........(5/17/03 - 6/20/03)....................................................
Chazen Engineering....(Bruderhof Escrow Acct.)........................................ $253.14
Daily Freeman.............(Venditti Public Hearing)......................................... $ 12.61
Daily Freeman.............(Bruderhof Public Hearing/Escrow Acct.)............. $ 14.07
Peter Graham Esq........(YMCA Escrow Acct.)............................................ $247.00
Peter Graham Esq........(4/04 - 6/03).............................................................. $364.00
PUBLIC HEARING AND OLD BUSINESS
BRUDERHOF COMMUNITIES IN NEW YORK, INC. - (2003-11) - 10 Hellbrook Ln.,
Ulster Park, NY
(Hutterian Brethren) Cond. Use Permit
Tax SBL #63.004-3-33.11
Attorney Richard Riseley, Attorney Mike Moriello and Bruderhof representative Chris Mason were all present at this meeting. ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, TO OPEN THE HUTTERIAN BRETHREN PUBLIC HEARING, CASE #2003-011. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE. Miles Putman of Shuster Associates gave his project review for this case. A copy of the same was given to the applicant’s representatives. This proposal is to construct and operate a chicken processing facility (slaughterhouse). At this time, Chairman Russ Shultis opened the public hearing up for public comments. Brent Spoth of Rodman’s Lane asked about the slaughter water and was told the applicant was proposing the same as with the beef processing facility; there would be a 4,000 gal. tank on-site with an alarm and this would be trucked off-site for processing. Chairman Shultis then read into the record a memo dated 6/6/03 from Allan Dumas of the County Health Dept. which stated that this proposed facility would not require a permit or approval from them. Brent Spoth then asked about any proposed caps being put in place for this proposal. It was noted that the facility would be restricted to servicing Bruderhof facilities only and approximately 1,500 birds a month would be slaughtered which could be done in one (1) day. WITH NO OTHER QUESTIONS TO BE ASKED, RUSS SHULTIS MADE A MOTION, SECONDED BY JOHN MCMICHAEL TO CLOSE THE BRUDERHOF PUBLIC HEARING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
It was noted that some Planning Board members visited the beef processing facility and were quite impressed. Chairman Shultis added that he had not, to date, received any complaints regarding the beef facility. Plans were reviewed. Russ Shultis noted that it appeared that the north arrow was showing the wrong location. He then asked about drains for the stainless steel blood tank and washdown stations. Chris Mason indicated that there would be pans under those facilities that would be taken away. Some discussion was had about conditioning any approval to 1 day a month, no weekends processing or same day processing as beef processing facility, and chickens only. Chris Mason requested 2-3 days a month for fowl (ducks, turkey, goose, and primarily chickens). ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT FOR THE BRUDERHOF APPLICATION, CASE #2003-011, THE PLANNING BOARD GRANT APPROVAL OF THE CONDITIONAL USE PERMIT SUBJECT TO THE FOLLOWING CONDITIONS:
1. THERE WILL BE ONLY ON-SITE ANIMALS SPECIFIC FOR THEIR USE AND
2. ALL FOWL WILL BE MARKED FOR PERSONAL CONSUMPTION ONLY.
3. THE FACILITY WILL NOT BE USED FOR COMMERICAL USE AND IF AT SOME POINT IN TIME IT IS
DETERMINED THAT THERE IS A NEED FOR COMMERCIAL USE, THE APPLICANT WOULD HAVE
TO COME BACK BEFORE THE PLANNING BOARD FOR A NEW CONDITIONAL USE PERMIT FOR
4. THE FACILITY WILL BE RESTRICTED TO SERVICING BRUDERHOF FACILITIES ONLY.
5. THE FACILITY WILL BE RESTRICTED TO 1,500 FOWL PER MONTH.
6. THE RECEIVING AND SLAUGHTER AREAS WILL BE WASHED DOWN EVERY DAY IN USE.
7. THERE WILL BE NO ON-SITE RENDERING OF FAT.
ALL MEMBERS PRESENT, WITH THE EXCEPTION OF CHAIRMAN RUSS SHULTIS, VOTED
IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-1 VOTE. Maps were signed.
PONS - (2003-012) - 369 Union Center Road; Val Hank Drive, Ulster Park, NY
3 Lot Minor Subdivision
Tax SBL #63.004-5-32 & 33.2
ROXANNE PECORA MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD OPEN THE PONS PUBLIC HEARING, CASE #2003-12. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE. Mr. and Mrs. Pons were 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 the Pons. The applicants propose the reconfiguration of two abutting lots into three lots. At this time Chairman Shultis called for public comments. Michael Thompson of Valhank Drive asked if the 15 acre lot being created could be resubdivided. Chairman Shultis stated that the proposal before the Board today is to just section that piece off; the Board doesn’t have anything proposed for that lot at this time. However, it was noted that with 15 acres it certainly meets the current zoning code for possible future development. Mr. Thompson then asked about measurements for the building envelope as shown on the map. Chairman Shultis stated that the building envelope pertains to the setbacks in the zoning code; the setbacks are on the map and the envelope is drawn to scale. WITH NO FURTHER COMMENTS TO BE MADE, RUSS SHULTIS MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT THE PONS PUBLIC HEARING BE CLOSED. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
Fred Zimmer commented that he felt the road parcel would probably need a double transfer to get merged with the 15 acre parcel. The Board noted that it was not quite happy with the way the road parcel was portrayed on the map. The applicants had no problem with altering the map to reflect the road parcel as a part of parcel 3. Miles Putman of Shuster Associates suggested, as a simple solution, giving conditional final approval subject to the map being revised with a note saying ‘lot line to be deleted, lands of Pons and Pittner to be combined with other lands of Pons and to be made a part of parcel 3 and not to be a separate building lot’. It was noted that Hank Pittner would have to sign the final maps as he is a part owner of the road parcel. Chairman Shultis referred to the Ulster County Highway Dept.’s June letter about the access to Lot 2 and read the same. He suggested considering conditioning that lot so that it would remain as is, never to be subdivided or turned into a two family residence. Discussion was had; it was the Planning Board’s feeling that such a condition would not be necessary. FRED ZIMMER MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE PLANNING BOARD ACCEPT THE PONS SUBDIVISION, CASE #2003-012, CONTINGENT UPON THE LOT LINE BEING DELETED BETWEEN THE PARCELS SHOWN AS LOT #3 AND THE ROAD EXTENSION SHOWN AS PONS AND PITTNER TO BE SUBSEQUENTLY CHANGED TO PONS AND RENDER A DETERMINATION OF NON-SIGNIFICANCE (NEGATIVE DECLARATION) PURSUANT TO SEQR FOR THIS PROJECT. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
VENDITTI - (2003-05) - Lindemann Lane & Peters Lane, Ulster Park,
2 Lot Minor Re-Subdivision
Tax SBL #72.001-1-8.11
Applicant Robert Venditti and his surveyor, Mike Vetere, were present at this meeting. This application is for a 2 lot re-subdivision of a 36.5 acre vacant rural tract. The applicant received an area variance from the frontage requirements from the Town’s Zoning Board of Appeals. Discussion was had regarding the section of Peter’s Lane which is a user defined public road maintained by the Town. The Planning Board suggested that the applicant have the 25’ from the center road either deeded to the Town or noted as a road reserve area and then whichever was decided upon be shown on the map. Mike Vetere stated that he did not have the authority to dedicate a piece of land to the Town that is deeded to Herb Lindemann. RUSS SHULTIS MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD FIND NEGATIVE SIGNIFICANCE PURSUANT TO SEQR ON THE VENDITTI APPLICATION, GRANT PRELIMINARY PLAT APPROVAL, AND WAIVE THE SUBMISSION OF A FINAL PLAT SUBJECT TO THE SUBMISSION OF THE REQUIRED NUMBER OF PAPER COPIES ALONG WITH THE MYLAR. Fred Zimmer requested putting a contingency of the 25’ right-of-way being a reserve area for the Town on the motion. Chairman Shultis stated that he would like to stick with his motion as made and seconded.
JOHN MCMICHAEL..................NO DENNIS SURACI..................EXCUSED
ROXANNE PECORA.................NO KATHY WEITZE...................EXCUSED
RUSS SHULTIS...........................YES FRED ZIMMER.....................NO
WITH A 2-3 VOTE, THE MOTION NEITHER PASSED NOR FAILED.
Discussion about tabling the application until next month was had so the applicant can talk with Herb Lindemann and the Board can speak with Highway Superintendent Art Cross. Robert Venditti stated that the reason they are protesting this issue was because it was brought up after the Public Hearing and not discussed previously. He noted that everyone else’s property on Peter’s Lane goes to the center line. Robert Venditti, speaking for Herb Lindemann, then indicated that it would be possible to deed the property over to the Town, but an agreement would have to be made to determine where and how much the Board wants. Maps were reviewed.
JOHN MCMICHAEL MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING
BOARD RENDER A DETERMINATION OF NON-SIGNIFICANCE PURSUANT TO SEQR AND GRANT
CONDITIONAL FINAL PLAT APPROVAL SUBJECT TO A 25’ ROAD RESERVATION AREA
BEING SHOWN ON THE MAP AND THE SUBMISSION OF THE USUALLY PAPER COPIES AND
JOHN MCMICHAEL...................YES DENNIS SURACI..................EXCUSED
ROXANNE PECORA..................NO KATHY WEITZE...................EXCUSED
RUSS SHULTIS...........................YES FRED ZIMMER.....................YES
WITH A 3-2 VOTE, THE MOTION NEITHER PASSED NOR FAILED.
RUSS SHULTIS THEN MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD FIND NEGATIVE SIGNIFICANCE PURSUANT TO SEQR AND GRANT CONDITIONAL FINAL PLAT APPROVAL WITH THE CONDITION THAT, PURSUANT TO SUBDIVISION CODE 107-25B, A ROAD RESERVATION AREA OF 25’ FROM THE CENTER LINE OF PETER’S LANE BE SHOWN ON THE MAP. IN ADDITION 10 PAPER COPIES AND 1 MYLAR BE SUBMITTED TO THE BOARD. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
Mike Vetere suggested that Herb Lindemann’s signature be added to the owner’s endorsement in lieu of a deed transfer.
MAGLIATO - (2003-010) - 11-17 Jordan Road; Rodman’s Lane, Ulster Park,
2 Lot Minor Subdivision
Tax SBL #63.002-4-20
Applicant Dave Magliato and surveyor George Williams were present at this meeting. This application is for a minor 2 lot subdivision of a 6.4 acre vacant parcel in the R-40 district. At this time, Chairman Russ Shultis excused himself from the Board and asked Roxanne Pecora to handle the proceedings for this application. Miles Putman of Shuster Associates gave his application review for this proposal. A copy of the same was given to the applicant. Maps were reviewed. After some discussion and a straw poll, it was agreed that this application was not yet ready for a public hearing. The applicant was advised to meet with the Ulster County Health Dept. regarding the well and septic, the Town’s Highway Superintendent Art Cross regarding driveway cuts for both lots, and show any revisions to the site’s bounds and to those of Jordan Road. Information obtained from the Health Dept. and Art Cross should be in writing and reflected on the map.
BUNTEN - (2003-07) - 272 Broadway, Port Ewen, NY
Conditional Use Permit w/Site Plan
Tax SBL #56.075-2-2
Applicant Dan Bunton and draftman Charlie Wesley were present at this meeting. This proposal is to operate an auto repair facility within an existing mixed residential-commercial occupancy building as well as the conversion of a frame one family dwelling into a duplex. Chairman Shultis noted that this application is currently before the Zoning Board of Appeals for variances. Miles Putman of Shuster Associates gave his project review for this application. A copy of the same is on file and a copy was given to the applicant. Chairman Shultis requested, that due to prior problems with other businesses of this type, the applicant look into the possibility of additional parking for the site as well as show a delineation line on the site plan between the residential and general commerical zoning districts. It was noted that the 13 spaces proposed exceeds the parking minimum and restrictions on business district parking is that it has to be on the site, cannot be any closer than 10’ to any lot line, and cannot be within 15’ of a residential zoned property. Chairman Shultis also had a question about the paperwork on the 2nd floor apt. He wondered if an abstract inspection certificate was the same as a CO. Russ Shultis requested that the applicant look into this since building permit #2037 from 1983 stated that no building shall be occupied or used in whole or part for any purpose whatsoever until a Certificate of Occupancy has been granted by the Building Inspector. Chairman Shultis also suggested that the applicant check with the Building Dept. regarding the fence since a 7’ fence is being proposed and Russ thought the code might be 6’6” for fences. Russ then asked if the sign would be illuminated. The applicant was unsure at this time. It was noted that if it were to be illuminated, it would have to be shielded. Roxanne Pecora suggested putting some kind of condition on any approval that limits the number of cars that can be in the parking area for storage or being repaired. The applicant noted that the three (3) stipulated building violations noted (a carport and 2 sheds) would be demolished.
ESP LAND DEVELOPMENT - (2003-08) - 75-77 Ulster Ave.; 1-5; 7-98 Fawn
Meadows Rd., Ulster Park, NY
4 Lot Major Re-Subdivision
Tax SBL #63.004-3-11.34
Miles Putman of Shuster Associates gave his application review for this
case. This proposal is for a 4 Lot (Major) Re-Subdivision of an 18
2/3 acre vacant parcel in an R-40 District along with the construction
of a town road. Two representatives were present at this meeting.
It was noted that the Planning Board received a fax today from Nancy Clark
of Chazen Engineering regarding the engineering review on this proposal.
A copy of the same is on file and a copy was given to the applicant’s representatives
for their review. Chairman Shultis noted that Patty Brooks’ question
about the stormwater protection plan was addressed in item #4 of Nancy
Clark’s fax and asked the representatives pass this information along to
her. Russ Shultis will contact the NYS Office of Parks, Recreation,
and Historic Preservation concerning their review to get an indication
whether the Board initiates that or they initiate it.
LIGHTHOUSE BLUFF - (2003-015) - 240-280 River Road, Ulster Park, NY
7 Lot Major Subdivision
Tax SBL #64.003-2-12
Miles Putman of Shuster Associates gave his project review for this
case. This proposal is to subdivide 43+ acres into 7 lots with a
dead-end road to be dedicated to the Town. . It was noted that the
Planning Board received a fax today from Nancy Clark of Chazen Engineering
regarding the engineering review on this proposal. Chairman Shultis
noted that in regards to the cemetery right-of-way as mentioned LJA’s
letter to the Planning Board dated June 11, he felt this would be a matter
to be left up to the attorneys. Russ noted that he spoke with the
Planning Board’s attorney regarding this matter, and he basically stated
that if the applicant proposes the right-of-way to the cemetery to be across
the driveways for Lots 4 & 5 there would probably be some notation
on the map that clearly states that this would be, in effect, an encumbrance
upon the purchasers of those two lots. Discussion was had.
FRED ZIMMER MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD REFER A COPY OF THIS APPLICATION TO THE WATERFRONT ADVISORY BOARD, THE LOCAL FIRE DEPT., AND THE ENVIRONMENTAL BOARD FOR THEIR REVIEW AND COMMENTS. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE. RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD APPROVE SKETCH PLAN REVIEW FOR THE LIGHTHOUSE BLUFF APPLICATION. MOTION CARRIED BY A 5-0 VOTE. The applicant’s representative noted that he contacted the Highway Superintendent Art Cross and sent the plans to the Ulster County Highway Dept. and Central Hudson. By the next meeting, the rep anticipates having comments, in writing, from these agencies. Pesticide reports were not submitted as of yet since new samples were taken and those reports are not back yet. It was noted that Mr. Canino did not want the waterfront property that Lighthouse Bluff was offering him, but he wanted the 2/10th of an acre related to the driveway. The applicant’s representative stated that they would be checking with the Town to see if they would want the waterfront property since it abuts the Town park. Chairman Shultis noted that if the applicant proposes the conveyance to Canino in this same application, they would have to amend the application and show it on the map.
ROUSNER FARMS, INC. - (2000-06) - 41-53 Rousner Lane, West Esopus, NY
2 Lot Minor Subdivision
Tax SBL #71.003-5-7
Caretaker Dale Martin represented the applicant at this meeting. Miles Putman of Shuster Associates gave his project review for case. A copy of the same is on file and a copy was given to Mr. Martin. This proposal calls for the creation of two lots from a 26+ acre parcel. A 4.95 acre rectangle will be cut out from the larger tract and set aside as Lot 2. Chairman Shultis noted that he did not see the well and septic shown for Lot #2, but he felt this might be insignificant. Russ also stated that he had a telephone call from Mr. Feinberg who indicated that, at this point, he did not know what the proposal was for Lot 1. He felt by not knowing what he wanted to do, he really couldn’t locate a house or a driveway at this point. Given the property and the road frontage, it was Russ’ opinion that the Board focus on Lot #2. Both Fred Zimmer and Roxanne Pecora felt that at least a building envelope should be shown. Miles Putman of Shuster Associates thought the most critical thing for Lot 1 would be just to establish a driveway access for the future. RUSS SHULTIS MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT THE PLANNING BOARD SCHEDULE THIS APPLICATION FOR A PUBLIC HEARING ON JULY 24, 2003 AT 7:10 PM WITH THE CONDITION THAT:
1) LOT #2 SHOWS A PROPOSED WELL AND SEPTIC.
2) LOT #1 SHOWS A BUILDING ENVELOPE ACCORDING TO CURRENT TOWN
ZONING CODES AND A
PROPOSED DRIVEWAY ACCESS AS APPROVED BY ART CROSS.
BY A 5-0 VOTE, THE MOTION CARRIED.
At this time, Chairman Shultis noted that he spoke with the Planning Board’s attorney who stated that if a piece of property is listed as two parcels in a deed and shown as one parcel on a tax map, the deed supersedes the tax map. This was a question brought up last month regarding Rousner Farms and some other applications before the Board.
CAVALLARO & GIESSINGER - (2003-017) - 1663 State Route 213, Main
St., Rifton, NY
2 Lot Minor Subdivision
Tax SBL #63.003-1-8
David Cavallaro & Daniel Giessinger were present at this meeting.
This proposal calls for the division of a residential lot, having close
to 4 acres in land area, to create a new dwelling site. Miles Putman
of Shuster Associates gave his project review for this case. A copy
of the same is on file and a copy was given to the
applicants. ROXANNE PECORA MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING FOR JULY 24, 2003 AT 7:20 PM PROVIDED THAT A NEW PRELIMINARY PLAT IS PROVIDED SHOWING THE DELINEATION BETWEEN LOT 1 AND 2 AS A CORRECTION AND THAT THE BOARD APPROVE THE MAP BEFORE THEM TONIGHT AS SKETCH PLAN. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE. Chairman Shultis noted that the revised maps must be submitted by July 10 in order to go to public hearing.
SCHROETER - (2003-18) - Suominen Lane, Rifton, NY
Lot Line Adjustment
Tax SBL #71.001-2-1.13 & 3-11.1
Todd Schroeter and Mr. Vitka were present at this meeting. Miles Putman of Shuster Associates gave his project review. A copy of the same is on file and a copy was given to Mr. Schroeter. The applicant is proposing an exchange of land between his property and that of a neighbor. Todd Schroeter explained that the green belt was a deed covenant that was put together because he is giving up quite a bit of acreage of road frontage for someone else to come down the driveway and in doing so, they made an agreement, that nobody, including the people he was giving the frontage too, would be using that to build a house on so it doesn’t infringe on his privacy or rights to where his house is. He added that the green belt by definition was a barrier of land left not to be strip cut, not to be built on; it is to be maintained as a wooded parcel not to be built on. The Board suggested putting a note on the map to this effect. Roxanne Pecora asked if the ‘No further subdivision’ note pertains to the Vitka property also. Mr. Schroeter said no, it only pertains to his lot so he will have the note changed to read ‘Parcel (section, block and lot) will be no further subdivided’. Fred Zimmer suggested having 1 deed covering the entire parcel of each owner. Maps were reviewed. Some discussion was had as to what the diagonal line represented that goes across Parcel B. Todd Schroeter thought it indicated where the maintenance agreement would end and begin as per his attorney’s suggestion. Fred Zimmer suggested clarifying this line by putting an arrow to it and stating ‘limits of maintenance agreement’. Todd Schroeter will check into this matter. Russ Shultis stated that he had a serious concern with the right-of-way and driveway percentage especially since he knows that someone plans to further subdivide the Vitka property. The Planning Board felt the Board could only act upon what’s in front of them tonight, and Mr. Schoeter stated that in his deed description it will be written that the conveyance and right-of-way would be for 1 house only. ROXANNE PECORA MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT THE PLANNING BOARD WAIVE THE PUBLIC HEARING FOR THE SCHROETER APPLICATION, RENDER A DETERMINATION OF NON-SIGNIFICANCE PURSUANT TO SEQR, WAIVE SECTION 107-23D (DRIVEWAY PERCENTAGE) OF THE TOWN CODE, AND GRANT FINAL PLAT APPROVAL SUBJECT TO THE MAP BEING REVISED TO INCLUDE A NOTE THAT FULLY DESCRIBES THE PURPOSES AND RESTRICTIONS CREATED BY THE PROPOSED 50’ WIDE “GREEN BELTS” AND THAT THE DIAGONAL LINE TALKED ABOUT IN QUESTION CLEARLY STATES THAT IT IS FOR THE MAINTENANCE AGREEMENT. ALL MEMBERS, WITH THE EXCEPTION OF RUSS SHULTIS WHO ABSTAINED, WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0-1 VOTE.
At this time in the meeting, Linda Smythe requested to be excused and left the meeting.
CITIVISION - (2003-04) - 126 Carney Road, Rifton, NY
Site Plan Amendment
Tax SBL #63.003-3-17 & 18
Mr. Joseph Pisani represented the applicant at this meeting. This application is for the construction of a 17,700 sq. ft. multi-purpose building. Miles Putman of Shuster Associates gave his project review on this application. A copy of the same is on file and a copy was given to the applicant. It was noted that the building footprint had been reduced to 17,700 sq ft. from 17,800 sq. ft. and that two data items were not shown on the drawings; a tally of on-site parking and a first floor elevation. Joe Pisani stated that the actual floor elevation will be supplied and with respect to parking, he thought they addressed that at one of the previous meetings since this is an in-house facility for people that are already there. Maps were reviewed. Fred Zimmer thought the Planning Board asked for an overall plan of the property. It was noted that a site plan was submitted previously showing all the buildings and labeling them. Fred felt this should all be included in one package of maps with each sheet being labeled as 1 of 2, 2 of 2, etc. Mr. Pisani stated he would have their engineer put this together. Russ Shultis noted that there was a buried culvert under a proposed building on the plans. Joe Pisani indicated that they would conform to whatever the Planning Board’s engineer recommends regarding this matter. After reviewing the maps further, it was noted that this culvert was relocated on the map. Fred suggested that the map be relabed to say ‘buried culvert to be removed’. Mr. Pisani indicated that he would have this matter further clarified. RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD SEND THE INFORMATION IT HAS TO DATE TO NANCY CLARK OF CHAZEN ENGINEERING FOR HER REVIEW. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE. RUSS SHULTIS MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT THE PLANNING BOARD HAVE THE APPLICANT GO THROUGH A PUBLIC HEARING ONCE THE BOARD IS SATISFIED WITH NANCY CLARK’S REVIEW COMMENTS. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.
REFORMED CHURCH OF PORT EWEN - (2003-019) - 160 Salem St.; 159 Hasbrouck
Ave., Port Ewen, NY
Site Plan Amendment
Tax SBL #56.059-6-5
Rich Tompkins of Mauri Associates represented the applicant at this meeting. Miles Putman of Shuster Associates gave his project review for this application. A copy of the same is on file and a copy was given to the applicant’s representative. This application is for site plan approval to permit the expansion of an existing church in Port Ewen. The applicant proposes to construct a 555 sq. ft. one story addition on the east side of the building. It was noted that the application is currently before the Zoning Board of Appeals for area variances for lot coverage and side yard setbacks. A revised site plan was submitted at tonight’s meeting which reflected comments made by the Zoning Board of Appeals. Lighting was discussed. Dennis Suraci of Mauri Associates requested that the Planning Board touch on the parking and wondered if he would need a variance of any sort for the same. Chairman Shultis felt parking might require a ZBA determination. Miles Putman felt this might be an issue for the town’s code enforcer, but noted that it appeared on the surface that parking is based on seating capacity which is not being increased; it is just a foyer area; so it would appear that extra parking would not be needed. Miles suggested the applicant get some reinforcement on the parking from the Building Inspector. This application will be tentatively placed on the Planning Board’s July agenda pending the applicant’s Zoning Board of Appeals outcome. Roxanne Pecora suggested writing a letter to the ZBA asking them to consider making a decision on the church’s application the same night of the public hearing. This matter will be discussed later in the evening when the Planning Board reviews the Zoning Board referrals.
SPOTH - (2003-20) - 1-7 Rodman’s Lane, Ulster Park, NY
2 Lot Minor Subdivision
Tax SBL #63.004-3-1
Brent Spoth was present at this meeting. Miles Putman of Shuster
Associates gave his project review for this case. A copy of the same
is on file and a copy was given to the applicant. This proposal is
for a minor subdivision involving 26+ acres of land in an R-40 district
and calls for the conveyance of a strip of land on the south side of Rodman’s
Lane to the Town for street re-alignment purposes. Chairman Shultis
asked Miles Putman if this application could be viewed as a lot line adjustment.
Miles indicated that he would not feel comfortable with that since there
is no lot that this new strip would be attached to since Rodman’s Lane
is a user town highway. It was
noted that the applicant would like to put in some verbiage on the map that no town storage facilities could go in there. Mr. Spoth was advised that he would need the bulk zoning block, the consent to file block, the Planning Board’s signature block, and whatever verbiage he wanted regarding restrictions on the map. RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD GRANT SKETCH PLAN APPROVAL FOR THIS APPLICATION AND SCHEDULE A PUBLIC HEARING FOR ON THE SAME FOR JULY 24, 2003 AT 7:30 PM SUBJECT TO THE MAPS BEING REVISED AND SUBMITTED TO THE TOWN HALL BY THE DEADLINE OF JULY 10, 2003. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.
BUTTERFIELD - (2003-21) - 670 Broadway, Ulster Park, NY
Site Plan Approval
Tax SBL #63.004-4-13
Davin Butterfield was present at this meeting. Miles Putman of Shuster Associates gave his project review for this case. A copy of the same is on file and a copy was given to the applicant. This application is for site plan approval of a mixed use residential and nonresidential occupancy of vacant land in the LI and 9W Overlay zones. The applicant wishes to operate a pottery crafts business, with on-site retailing, in addition to having a dwelling. A conditional use variance was granted by the Zoning Board of Appeals. One condition of the variance was that the house, kiln, gallery, and studio remain as one piece never to be subdivided. Mr. Butterfield submitted a written response to questions posed in Shuster’s review. It was noted that there was to be no lighting; the gallery is only going to be open during daylight. A 3’ X 7’ wooden, professionally painted, sign at the front of the road perpendicular to the highway is proposed. The sign will read ‘Butterfield Pottery, Gallery & Studio’. Hours of operation will be 9-6, 7 days a week; closed major holidays. Gallery will be closed from Dec. 25 to April 1. Landscaping intentions are to landscape all bare ground with either grass, vegetables for the applicant’s use, fruit trees, perennial flowers, and rock beds. Parking will include 12 spaces with a gravel turn around in front of gallery and studio. Mr. Butterfield noted that he has a curbcut permit and septic approval. RUSS SHULTIS MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD WAIVE HOLDING A PUBLIC HEARING FOR THIS APPLICATION PURSUANT TO SECTION 123-47.C.5. OF THE TOWN CODE SINCE HE REVIEWED THE ZONING BOARD OF APPEALS PUBLIC HEARING MINUTES FOR THIS PROPOSAL AND THERE DIDN’T APPEAR TO BE ANY MAJOR CONCERNS FROM THE PUBLIC. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE. Mr. Butterfield was asked how many people would be working at the site. He indicated that it would be himself, his wife, and periodically, his children. RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD SUBMIT THIS SITE PLAN TO THE ULSTER COUNTY PLANNING BOARD FOR THEIR REVIEW AND RESPONSE. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE. Miles Putman suggested the applicant label the house, provide a Planning Board signature block, show the current legal street address (670 Broadway, Ulster Park), provide a bulk zoning regulation block, show the sign location, and put a notation of the variance on the site plan.
Presubmission - Schroeter (Old Post Road)
Mr. Todd Shroeter explained that he has 75 acres on Old Post Road with
a lot of road frontage, and he would like to do a 4-5 lot subdivision.
He noted that he contacted the County regarding access and they picked
out two (2) access points for the property; thus proposing two (2) shared
driveways just at the entrances. Maps were reviewed.
Todd stated that his only other option would be to put in a town road and propose a 20 lot subdivision to defer the cost of building the road. He added that he would rather preserve the mountain and put in the 5 house proposal.
Presubmission - Schroeter (Hardenburgh Road)
Todd Schroeter explained that Alan Small bought three lots and join two of them into one, leaving 2 lots. There is access off of Hardenburgh Road. Mr. Small would now like to break these two lots up into three lots again. Maps were reviewed. Flag lots were discussed; pole length and side by side lots.
Presubmission - Venable (903 Cowhough Road)
Presubmission - Matthews (Horton Lane)
Kim Matthews explained that she is in contract to purchase a 1.6 acre piece of property on Horton Lane which has a 30’ right-of-way from a neighbor to get into it at this point and there is also a small strip of 20’ going into the property that is a separate vacant lot. The property currently has a 3 family house on it which appears to be illegal, and it is in the water and sewer district. Kim wondered if, in time, any of the property is subdividable. Maps were reviewed. Kim Matthews was advised to speak with the Water & Sewer Superintendent. Generally speaking, the Planning Board did not feel this proposal looked like a good deal.
Presubmission - Famiglietti
Mr. Famiglietti owns a 4 acre parcel on River Road, and he would like to build a two family house. Mr. Famiglietti was advised that he would need to apply for a conditional use permit if it is in an R40 district. He was also advised to speak with the Building Inspector because in some instances you can have 2 kitchens in a house and it is not considered a two-family house.
Three ZBA referrals were received this month; Bunten, Port Ewen Reformed Church, and YMCA of Kingston. Discussion was had as follows:
Bunten: The Planning Board recommends that the ZBA consider
limiting the number of vehicles on-site to the
number of designated parking spaces for the business and clearly designate the handicapped parking.
Reformed Church: No comment
YMCA of Kingston: No comment
It was requested that if any Board member has a fax number, they provide Kristy Nelson with the same.
A list of monthly correspondence received by the Planning Board was given to each Board member and reviewed.
WITH NO OTHER BUSINESS PENDING, ROXANNE PECORA MADE A MOTION, SECONDED BY FRED ZIMMER, TO CLOSE THE MEETING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION. MEETING ADJOURNED.
Kristy L. Nelson