BOARD MEMBERS PRESENT: Russ Shultis, Chairman
ALSO PRESENT: Miles Putman, Shuster Associates, Planning Board Consultant
At 7:00pm, 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.
Russ Shultis requested that the following amendments be made to the minutes:
· Page 2, Old Business, Bellaire Ridge Case # should read; #2005-05
· Page 3, New Business, Clark Case #2005-07, First sentence should read ULSTER COUNTY Board of Health approval was submitted to the file.
· Page 3, Last sentence, spelling error Health Department
· Page 4, Rizzo, First sentence should read; It was also determined that the DRIVEWAY maintenance agreement should be on the map.
· Page 4, After further discussion John Mc Michael re-proposed Roxanne’s Motion with a proviso that the DRIVEWAY Maintenance agreement be made a condition and indicated in the map.
ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD APPROVE THE MAY 26, 2005 PLANNING BOARD MINUTES. ALL MEMBERS WERE IN FAVOR OF THE MOTION, WHICH CARRIED A 7-0 VOTE.
A MOTION WAS MADE BY LINDA SMYTHE AND SECONDED BY FRED ZIMMER TO ACCEPT ALL VOUCHERS SUBMITTED AND READ. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION, WHICH PASSED BY A 7-0 VOTE. The vouchers submitted and read were as follows:
Shuster Assoc…………………..Monthly retainer……………..$1500
Peter Graham…………………..Summerset Escrow……………$325
Peter Graham……………..Minutes, phone calls ……..….……$520
Peter Graham……………..Maharias Escrow…………………..$104
Peter Graham……………..Bellaire Ridge Escrow ………… . $104
Peter Graham…………… Dyno Nobel Escrow..…………….. $234
Peter Graham……………..Van Velson…Escrow…………… $104
Peter Graham……………..Sommerset Escrow……………… $728
John Mc Michael…………Zoning book………………………..$216.50
Holly Netter…………………………………………………….50 Hours
Board members were reminded if they have questions about a specific case; the questions should be directed to Russ Shultis.
PUBLIC HEARINGS - None
Clark Case #2005-07 Schultz Lane
Miles gave his review, a copy of which can be found in the file.
Fred Zimmer suggested the following changes be made to the map:
* Show a delineation
* Road Reservation area Lot 2 only
* Lot 1 (For Highway Maintenance purposes only)
* Owners Consent to File block - needs to be signed by Mr. and Mrs.Reynaud, the owners of record.
A MOTION WAS MADE BY RUSS SHULTIS TO SCHEDULE THIS APPLICATION FOR A PUBLIC HEARING, THURSDAY, JULY 28, 2005 AT 7:10PM WITH THE FOLLOWING CONDITION: THAT THE MAP IS AMENDED TO SHOW THE HIGHWAY MAINTENANCE AREA ON LOT 1 AND THE AMENDED MAPS ARE SUBMITTED BY THE DEAD LINE OF JULY 14, 2005. THE MOTION WAS SECONDED BY DENNIS SURACI, WHICH CARRIED A 7-0 VOTE.
Rizzo Case #2005-08
284 Union Center Rd
Miles gave his review, a copy of which can be found in the file.
Russ Shultis stated he had walked the site with Holly Rizzo earlier that day. Russ reviewed his interpretation of the site. He said he personally felt that there was no problem with the driveway grade and did not see a need for a driveway profile. Russ also mentioned he received a call from the fire chief of this district, Joe Landi. Joe told Russ that he did an on site inspection and determined that there would be no problem getting a fire vehicle to the proposed house site, provided the necessary clearances are in place.
RUSS SHULTIS MADE A MOTION TO SCHEDULE A PUBLIC HEARING, THURSDAY, JULY
28, 2OO5, AT 7:20PM. ROXANNE PECORA SECONDED THE MOTION, WHICH CARRIED
A 7-0 VOTE.
Bellaire Ridge Case # 2005-05 Mountain View Ave
Terri Hahn of LADA, P.C. represented the applicant at this meeting. The letter from the Town Board dated 6/14/05 was reviewed. In the letter the Town states it does not want the responsibility of the walkway or its future maintenance. The Town has decided they would like to receive the recreation fees instead of land. Bellaire is willing to pay whatever the standard recreation fees are, at the time of filing the plat. Current recreation fees are $1000 per lot. Bellaire also expressed their interest in building 2 additional homes on the 5-acre parcel that the Town did not want.
A new map was proposed showing the 3 options of getting the children to school via:
- Sewer easement
- Walkway on Mountainview Ave.
- Bus shelter on Agnes St.
Terri has scheduled a meeting with the school to discuss the possibility of putting a bus shelter on Agnes St., and options regarding getting the children to school safely. An invitation to the Chairman was extended to join Terri at 1:00pm Tuesday, June 28, 2005 at Robert Graves School. If the school district does not allow the children to utilize the bus stop on Agnes St., Fred stated he feels that the Board has done their job of trying to come up with the alternatives.
Chuck Snyder questioned the number of houses that are to be built. Terri reviewed that the original number of homes was 39, then changed to 36 homes with the 5 acres dedication of land, and now that the Town has made a determination not to take the 5 acres in lieu of Recreation Fees, 38 homes are being proposed.
Chuck: Concerned about the layout
Fred: Stated he did not feel sidewalks are warranted.
John: Would like to see sidewalks
Russ: Reservation about the drainage into the lot of the newly proposed section
Dennis, Linda and Roxanne – no comments
Terri stated that Bellaire Ridge will not be on the July Agenda, but will return in August.
OTHUS #2005-10 Conditional Use Permit
140 Parsell St.
Roxanne Pecora and Chuck Snyder accompanied Mr. Othus to the ZBA meeting
on June 21, 2005. Roxanne gave a summary of the meeting. It
was determined that the Building department made an error and a CO will
be issued. A conditional use permit will not be needed. Later in
the meeting is was decided to write a letter to Ray Rice to refund the
fee that Mr. Othus paid for his conditional use permit.
Aronson- case #2005-12 Minor 3-lot subdivision
168 Soper Rd
Miles gave his review and a copy can be found in the file.
Fred Zimmer: This parcel should have a dedicated 50 foot right away through it for their street parcel. Basically show a subdivision on both sides of the road, that way it would be easier to see how the property can be utilized. He also recommends that the map scale be 1 inch = 50 feet. Steepness of the site may cause problems with the Health Department.
Russ Shultis: We have a lot of concerns, which are outlined in miles review. “I do not think you are going to get very far with this plan with this board”. His opinion was that the applicant found the flattest sections of the property and proposed homes in those areas.
Mary Parker, from Todd Schroeter’s office, asked if it was workable. A different approach is needed. The board suggested giving a copy of Miles review to the surveyor to address the issues.
Goldin case # 2005-13 Cluster Residential Development
850 Old Post Rd
Miles gave his review and a copy can be found in the file. This
application is for an approval to redevelop
the old Skytop bungalow colony into a cluster residential project.
When they went to the building inspector they wanted to rent the existing cottages year round. Tim Keefe, (Building Inspector) thought they should get a variance for the 1 accessory unit – 5 units. At the same time, he suggested they apply for a conditional use permit to change the use from seasonal to year round. Miles interpretation was the property currently consists of a farmhouse and 6 seasonal rental dwellings constituting a bungalow or cottage colony development. Now you will have 6 rental units plus a primary house. The 6 rental units exceed the accessory apartments limitation or starts to seem like a multi family rental situation until you can legally divide and create lots for each one of the dwellings. Miles indicted there is a restriction on the property prohibiting any further subdivision. Miles does not feel the conversion of the usage is a planning board issue.
Phase 1- The additional accessory apartments and the change from seasonal
to year round
Phase 2- Subdivision; change from rentals to private ownership
If this only goes to phase 1 then they do not have to come back to the Planning Board. If they go to phase 2 then they will have to come back to the Planning Board with a proper site plan. Also, if the applicants get an approval from the ZBA, the Planning Board may require an escrow account to be set up. At the request of the applicant, they would like the Planning Board to ask Peter Case Graham, Planning Board’s attorney, about the feasibility of phase 2.
ROXANNE PECORA MADE A MOTION, SECONDED BY DENNIS SURACI, TO SET UP AN ESCROW ACCOUNT FOR THE AMOUNT OF $250 TO BE USED TO POSE THE NECESSARY QUESTIONS TO THE PLANNING BOARD’S ATTORNEY. THE MOTION CARRIED A VOTE OF 7-0
Dimuccio Case #2005-14 lot line adjustment
632 Main St., Remy
SBL# 63.6-1-31.1 & 30.1
Mr. Jack Dimuccio gave a quick overview of his intentions of the subdivision of the property. He had addressed the driveway issues that had previously been a concern. In order for the Planning Board to proceed with this application Mr. Dimuccio was told that he had to submit 10 copies of the map by the cut off date in order to be on the next agenda.
Lois Mobile Home Park #2005-11 Mobile home park & subdivision
19-acre parcel on Salem St.
Miles gave his review of the proposed Mobile Home Park on the 19-acre parcel of land. Since it has less than 50 lots, the code only requires single access, which will be from Andorn Lane, Connelly. Copies of the review can be found in the file. Bill Povall, engineer for Gene Lois, gave an initial presentation to get feed back from the Board.
Povall Engineering recognized that there would be several issues that will need to be addressed. Extensive Grading needs to be done; an average of 10 feet will be cut from one section and relocated to build up another. They will be working with Central Hudson to relocate the power line at the developers’ expense.
Roxanne: Addressed the road issues. The mobile home park intends to own and maintain the roads. She also indicated that the roads would need to be built to the Town Highway specifications including hammerheads instead of cul-de-sacs.
Linda Smythe: Would like to see if they can work on tying the one access into the existing park in Connelly, which would be a second access. Concerned with all the traffic going on to Salem St. and the children getting to school
Roxanne Pecora: Village of Connelly only has one way in and out. Roxanne stated the Fire Commissioner has addressed the desire to have 2 entries and exits in and out of development sites. She also suggested that they meet with the school district to advise them of the mobile home park plan.
Chuck: Asked if the park could be accessible from Salem Street. Bill Povall responded, it would required quite a bit of additional fill, engineering wise it can happen, but he felt the proposed plan worked better with the grading.
Dennis Suraci: What is going to happen to Andorn Lane? Very Narrow Road. Putting 40 new homes in, can the road handle to traffic in and out? Questioned the 4 lots on Salem St., which are designated for single-family homes.
John Mc Michael: Private roads need to be built to the Town Highway Specification and questioned the 10 % grade. Addressed the power line; Central Hudson said they would take moving the overhead power line under consideration and the expense would be the developer’s responsibility.
Fred Zimmer: Questioned the code of single access for fewer than 50 units. He feels it needs to have duel access. Asked if Central Hudson had a right away or easement on the property – answer 20 foot easement
Russ: Has several concerns: Kids have a fairly long walk to a town road
for bus pick up. Lots numbers 32-35 are outside the mobile home district.
Houses along Salem St need a buffer. Access onto Andorn Lane in relation
to traffic. Would like to see duel access. Impact on the school.
If the fire department states they need 2 accesses then he will go with
the Fire Departments interpretation for Safety.
Bill Povall was instructed to talk to the Water and Sewer Superintendent as well as the Highway Superintendent to address their concerns. The Board felt the development would have an impact on traffic as well as the school district.
KOHN Hussy Hill Rd total property 45 acres
Wants to subdivide property: Lot1 10 acre
lot with existing home
Lot 2 35 Acres
Required for the Subdivision
· Proposed Driveway
· Proposed House
· Proposed well and Septic with reserve
· Highway Superintendent approval of the Driveway cut
· Existing House Well &Septic and proposed reserve area for Well & Septic
· Health Department Approval
* Disturbance areas
Karol/Larkin – lot line adjustment Larkin swapping and purchasing .4 acres from Karol
* Needs 80000 Sq Feet (2 acres)
* Conditional Use Permit – may be needed when they build the new dwelling
*40,000 Sq Feet (1 acre)
*Property set backs for the existing house
Three referrals were made.
Othus, Richard 140 Parcell St. - Conditional Use Permit
Done- Taken care of at the ZBA meeting
Johnson, Phyllis & Rosen, Susan 574 Rt 32N New Paltz – Area Variance
construction of an addition in violation of front yard setbacks.
Done – Taken care of at ZBA meeting
Siegman, Donald W. 91 Poppletown Rd, New Paltz – Area Variance construction of a garage nearer to the street than the principal building.
Board had no comments
Goldin, Reeni 850 Old Post Rd – Use variance 5 accessory dwellings where no more than 1 is allowed
Referral made about the site plan review, if they go to phase 2
Russ addressed the following miscellaneous business:
The Planning Board had a discussion to determine a standard minimum requirement for Driveways and Setbacks. Russ had previously proposed this question to the Engineer and Mike Lange to get their feed back on what they felt should be the minimum:
Engineer -12 ft set back for a drive way with 4 ft shoulders on each
side for disturbance
Mike Lange felt 12 ft was needed to for a rescue vehicle to have clearance
The standard was set:
Driveway - 20 ft wide for disturbance area, driveways above 12ft wide require 4
foot shoulders, Example 20 ft driveway = 28 ft disturbance area
House Set backs -20 ft outside of the wall line
Septic- 10 ft from the edge of the system whether in the ground or above
Roxanne Pecora had a conversation with the fire commissioner, Jack Cleary. Jack expressed the desire to have a workshop to address the concerns of the local fire departments. Russ will write a letter to the local Fire districts to set up the workshop.
Workshop with the chiefs of each of the Fire District:
*Capacity of the Fire Depts.
*2 Entrances/Exists for developments
*Who should the correspondence be addressed to?
RUSS SHULTIS MADE THE MOTION TO CLOSE THE LIGHTHOUSE AUTO FILE AND WRITE A LETTER TO RAY RICE TO RELEASE THE ESCROW ACCOUNT FOR LIGHTHOUSE AUTO THE MOTION WAS SECONDED BY ROXANNE PECORA. THE MOTION WAS CARRIED BY A 7-0 VOTE
Dennis Surraci stated when he was at the ZBA meeting he called Tim Keefe over to him, in front of Gloria Van Vliet, talking about La Mirage and Gloria was unaware that it was still an issue. Dennis asked if he (Tim) had done anything about La Mirage and his response was no. After further discussion it was determined that Tim would write a letter to La Mirage to address the concerns of the La Mirage property.
Linda Smythe- Has great concern over all of the new development and the impact that it will have on the town. If they are in compliance of meeting all the codes, how can you tell them they can’t build? Russ replied if you have concerns and they don’t address them, then you do not have to vote to approve the project.
Russ Shultis would like to see the following changes in the minutes:
· Page Numbers
· SBL prefacing the actual #
· Items that the applicant need should be indicated by bullets
A discussion was had to see if the Board would like to receive Maps or applications
Fred Maps call and he’ll pick
John Maps mail
Dennis Apps and Maps pick up
Russ Maps pick up
Chuck Miles review only
Board members are responsible for bringing the maps back to the monthly meeting.
A list of monthly correspondence received by the Planning Board was given to each Board member.
WITH NO OTHER BUSINESS PENDING, LINDA SMYTHE MADE A MOTION, SECONDED BY FRED ZIMMERMAN, TO CLOSE THE MEETING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION. THE MEETING ADJOURNED AT 10:37PM
Next Monthly Meeting – July 28, 2005 (Agenda Cutoff – July 14, 2005)
Holly A. Netter