TOWN OF ESOPUS
PLANNING BOARD MEETING MINUTES
JUNE 26, 2008

 

BOARD MEMBERS PRESENT:   Roxanne Pecora, Chairperson
                                                            Darin Dekoskie
Michael Minor
                                                            Dennis Suraci
Chuck Snyder
                                                            Fred Zimmer

BOARD MEMBERS EXCUSED:   Michael Sprague

ALSO PRESENT:                             Myles Putman, M.L. Putman Consulting
                                                            Peter Lilholt, Clough Harbour LLP

Chairperson Pecora called the meeting of the Town of Esopus Planning Board to order at 7:00 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 was asked if there were any changes to the Minutes of May 14, 2008.  No changes or corrections noted.

MIKE MADE A MOTION TO APPROVE THE MINUTES OF MAY 14, 2008, SECONDED BY DARIN.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 6-0.

Board was asked if there were any changes to the Minutes of May 22, 2008.  Dennis had a correction to page 15, paragraph 4, line 2 – remove driveway coming in should be 25’ and change to subject to approval by DOT.  Correction to page 16, paragraph 3, line 2 remove Scott stated that one of the concerns that is brought up a lot in Pete’s review is that they do not specify the type of trees that they want to put in.  Add the following sentence:  Following discussion the Board stated that the trees should be listed on the plan when submitted for final review.

DENNIS MADE A MOTION TO APPROVE THE MINUTES AS AMENDED, SECONDED BY FRED.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 5-0-1.  MIKE MINOR ABSTAINED (NOT PRESENT AT THIS MEETING).

Clough Harbour Associates (Heavenly Valley)………………………………$ 2,741.00
Clough Harbour Associates (Stewart’s Shops)……………………………….$ 1,105.00
Clough Harbour Associates (Somerset)………………………………………$ 2,485.63
M.L. Putman Consulting (Month of May)………………………………..$ 2,250.00
Shuster Associates (Somerset)……………………………………………$ 1,575.00
Town of Esopus (Somerset – tape)……..…………………………………$     10.00
Daily Freeman (Somerset – P.H.)…………………………………………$     15.04
Town of Esopus (Somerset – tape & copies)……………………………...$     24.50
Daily Freeman (Sorbello – P.H.)…………………………………………..$     12.61
April Oneto (Secretarial Services)………………………………………….58 hours 

FRED MADE A MOTION TO APPROVE THE VOUCHERS AS READ, SECONDED BY DARIN.  ALL MEMBERS WERE IN FAVOR.

PUBLIC HEARING:

VOGEL (El Paso Winery):  Case #2008-05 – Conditional Use Permit – 742
                                                Broadway (US Route 9W; State Hwy 5508), Ulster
                                                Park; SBL: 64.003-6-6.4

CHUCK MADE A MOTION TO OPEN THE PUBLIC HEARING FOR VOGEL, CASE #2008-05, SECONDED BY MIKE.  ALL MEMBERS WERE IN FAVOR. 

Chairperson Pecora read the notice placed in the Daily Freeman.  Copy was placed in the file. Chairperson Pecora asked iF there was anyone present who wished to speak regarding this application. 

There was no one present to speak regarding this application.

FRED MADE A MOTION TO CLOSE THE PUBLIC HEARING, SECONDED BY ROXANNE.  ALL MEMBERS WERE IN FAVOR. 

MISCELLANEOUS:

NAVARRA:   Case #                           , Conditional Use Permit

Philip Schaefer was present representing Mr. Navarra.  Roxanne stated that the applicant was told in a Pre-submission Conference that if they met the conditions that were in their approved maps they could proceed.  When it was brought to the Board it was decided that they need to go through the whole process and review again.  Fred and Mike Minor wanted to be present to address this issue.  Fred stated that the applicant did what he was asked to do and it was reviewed by Tim Keefe, Building Inspector.  Mr. Schaefer stated that this was correct and in the last meeting in April it was agreed to sign the plan and close the file.  He stated that future things need to be done and Mr. Navarra wants to put up a fence.  He received a Building Permit a couple of weeks ago but he needs the Site Plan completed and signed.  Fred felt that if Tim felt everything was okay we should sign the plans.  Darin questioned if the stormwater issues have been resolved. Roxanne stated that Tim was happy with all of that.  Following some discussion the Board agreed that they were comfortable with signing the maps as soon as we received a letter from Tim.

Board was in agreement with signing the maps tonight.  Roxanne will follow up with Tim to provide a letter fro the file stating the conditions of approval have been met.

ESOPUS LAKE (a.k.a. Hudson Point/Somerset):  2008-01 – Site Plan & Subdivision

Planning Board Clerk spoke with Nicholas Graviano this p.m. and he informed her that they would not be present at the meeting this evening. 

Letter was sent to the Port Ewen Fire Department requesting their input on the boulevard for this project by this evening’s meeting.  Three members of the Fire Department showed up to discuss the boulevard.  Fire Department members were told that the applicant would not be present and this should be discussed when they are present.  Board members explained the concept of the boulevard to those present and it was agreed that the Fire Department would be informed when Esopus Lake was back before the Board so that they can come and discuss their concerns with the applicant. 

NEW BUSINESS:

PERCIVALLE:  Case #2008-15 – Major Re-subdivision – 44 Hudson Lane, Ulster
                              Park; SBL: 64.03-5-2.32

Joseph Percivalle and Ed Pine present representing this application.  Myles reviewed M.L. Putman Consulting Report dated 6/20/08, copy given to applicant and copy placed in the file. 

Mr. Pine stated that the biggest thing at this point is to check the feasibility of the whole project.  Darin stated that the only issue in addition to what was noted in Myles’ report is flagging of the wetlands if they have not been done.  Darin does not see a great deal of problem with the concept plan. Mike stated that this would have to go through a public hearing and after the initial subdivision there are concerns out there.  Mr. Percivalle stated that after the last public hearing he spoke with the neighbors and they seem to be fine.  Dennis mentioned the Highway Superintendent not wanting houses coming off of the stub end of the hammerhead.  Fred thinks the applicant might have trouble with the driveway grades for lots 6, 8 and 9.  Following some discussion it was felt that the Board would like driveway profiles on all the lots.  Mr. Pine will provide these.  Chuck questioned the possible future connection to Hermance Road.  He was informed that this is private property.  Myles stated that he just mentioned because the Subdivision Code tells us when we are doing dead ends if you have an opportunity to open something up to an abutting property that you should really plan for it.  Applicant is not going to build it.  Myles stated that maybe we need to just show a 50’ reserve strip to the boundary.

FRED MADE A MOTION TO OPEN AN ESCROW ACCOUNT FOR $3,000.00, SECONDED BY DENNIS. ALL MEMBERS WERE IN FAVOR.    MOTION PASSED 6-0.  VOTE WAS AS FOLLOWS:

Chuck…………………yes
Fred…………………...yes
Dennis………………...yes
Mike……………….….yes
Darin……………….…yes
Roxanne……………....yes

DARIN MADE A MOTION TO DO HAVE M.L. PUTMAN CONSULTING  PREPARE THE COORDINATED SEQR REVIEW DOCUMENT FOR PERCIVALLE, CASE #2008-15, SECONDED BY ROXANNE.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED 6-0.  VOTE WAS AS FOLLOWS:

Chuck………………...yes
Fred…………………..yes
Dennis………………..yes
Mike………………….yes
Darin…………………yes
Roxanne……………...yes

OLD BUSINESS:

VOGEL (El Paso Winery):  Case #2008-05 – Conditional Use Permit – 742
                                                 Broadway (US Route 9W; State Hwy 5508), Ulster
                                                 Park; SBL: 64.03-6-6.4

Butch Winnie, Mill Hook Enterprises, present representing the applicant.  Myles reviewed M.L. Putman Consulting Report dated 6/17/08, copy given to applicant and copy placed in the file. 

This application went for review to the Ulster County Planning Board and we have received their comments back for both Special Permit and Site Plan Review and it is a required modification for access.  The applicant will need to coordinate and gain approval from NYSDOT for proposed change to their curb cuts. Any lighting or proposed lighting should be noted on the site plan. 

Myles reviewed M.L. Putman Consulting report dated 6/17/08, copy given to applicant and copy placed in the file.  This application was not referred to the Planning Board          engineer, Pete Lilholt, but during a meeting in April that the engineer was present he recommended that instead of many small stormwater management areas that they do positive drainage to the grass areas where stormwater would be allowed to percolate into the soil.  Along the edges of the parking area they may want to have some gravel and during construction have silt fence parallel with the contours until the site has been stabilized with vegetation.

Pete mentioned that in the handicapped parking areas he believes that the ADA requires 2% maximum slope within the handicapped parking spaces (stalls themselves) and the access aisles can not exceed 5%  otherwise they are subject to ramps.

Roxanne asked if they have applied to DOT for a Highway Work Permit.  Mr. Winnie stated they were following the old recommendation of closing the lower entrance and use the upper entrance.  They are doing work within the right-of-way and this requires a permit.  Applicant will follow up on this.   They are not providing any additional lighting.  The only lighting is the lighting that already exists.  Stormwater detention basin details need to be removed. We need an owners consent to file block signed by the owner. 

DARIN MADE A MOTION TO GRANT CONDITIONAL USE PERMIT FOR VOGEL, CASE #2008-05 SUBJECT TO THE FOLLOWING:  THEY MEET AND ADDRESS THE ULSTER COUNTY PLANNING BOARD COMMENTS BY PROVIDING A LETTER FROM DOT, REVISE THE MAPS TO REMOVE THE DETENTION BASINS, ADD A REVISION DATE, ADD AN OWNER’S CONSENT TO FILE BLOCK AND VERIFY THE SLOPE IN THE HANDICAPPED PARKING WILL BE NO GREATER THAN 2% , SECONDED BY CHUCK. ALL MEMBERS WERE IN FAVOR.  MOTION PASSED 6-0.  VOTE WAS AS FOLLOWS:

Chuck……………yes
Fred……………...yes
Dennis…………...yes
Mike……………..yes
Darin…………….yes
Roxanne…………yes

MURPHY:  Case #2008-13 – 2 Lot Subdivision – 30 Ulster Avenue; 676 Broadway
                      (US Route 9W; SH 310), Ulster Park – SBL: 63.04-5-16.22

Steven Murphy, applicant and Colin Houston, North Engineering, were present regarding this application. 

Roxanne stated that the applicant received their variance to build a house in the LI District.  Myles went through M.L. Putman Review submitted for last month’s meeting and tabled since they were waiting for ZBA Variance (review dated 5/14/08).

Colin stated that there is an application for the curb cut approval with the County.  They have submitted an application to the Ulster County Health Department and they have been out to look at both lots and everything is looking favorable. 

Discussion took place regarding the waiver and what the setbacks would be for the house being built in an LI District.  Colin stated that they specifically requested that the setbacks be included in the variance.  Roxanne stated that she was at the ZBA Meeting and the motion was only to allow the residential in the LI Zone.  Colin stated that if they have to meet the setbacks they can.  Myles stated that they are giving them permission to build a house in a zone where a house is not allowed.  They are not changing the zoning map only the Town Board can do this.  Colin stated that if they did not follow through with their request they can change the position of the house to meet the setbacks and does not see this as an issue. They will get a new set of plans before the deadline to show they have the variance in hand or that the house is now meeting the 100’ setback.  Dennis stated that he thinks it is important to show where the R40 Zone is on the map.  Wetlands discussed and Colin stated that they are Federal Wetlands.  Dennis stated that he knows with the Federal wetlands you can disturb it but he thought you still need to have an offset for a septic system even for the Federal.  Darin stated that you need to have 100 feet offset.  Pete Lilholt, Planning Board Engineer, stated that it is not a wetland buffer it is a separation distance from any wetland, lake and water course. 

Discussion took place regarding whether the wetlands need to be delineated.  Pete L. recommended that the applicant submit available mapping i.e. DEC Wetland mapping and NWI mapping and see if there is a potential presence of wetlands and if so how close to the property they are. If the wetlands are significantly close where it could be a matter of judgment, then a formal delineation should be done and if it’s significantly far away then no they don’t need to be done. Myles stated that his only concern is that he has watched this property get split up and subdivided over the years and what you are left with is as you make each of the lots smaller is a greater chance of a lot being impacted by that wetlands and sooner or later this Board has to take a hard look and start asking if we are satisfied with the approximate delineation or should we go one step further and have the applicant start getting the boundaries mapped by a surveyor and get it certified. Mike M. stated that assuming that they dug the test holes in the right place and if they get Health Department Approval we can either assume that the Health Department will look at the setbacks from the wetlands or we can assume that they won’t.  If the wells perk and they are in the right place and they meet the 100’ requirement then it would seem to be evidence that everything is okay.  He thinks that we could have the Public Hearing based on contingencies and provision of revised maps.

MIKE MINOR MADE A MOTION TO SCHEDULE A PUBLIC HEARING FOR MURPHY, CASE #2008-13, FOR JULY 24, 2008 AT 7:10 PM SUBJECT TO REVISED MAPS BEING SUBMITTED BY THE DEADLINE DATE OF JULY 10, 2008 SHOWING DESIGNATION OF THE WETLANDS, POSITION OF PROPOSED STRUCTURE SHOWING SETBACKS, SEPTIC SYSTEM, WELLS AND REPOSITIONING THE HOUSE ON LOT 2C TO MEET THE TRANSITION BUFFER AND ACCOMPANYING ADJUSTMENTS TO DISTURBANCE AREA CALCULATIONS, SECONDED BY DENNIS.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH VOTE OF 6-0.  VOTE WAS AS FOLLOWS:

Chuck……………………yes
Fred……………………...yes
Dennis…………………...yes
Mike M…………………..yes
Darin……………………..yes
Roxanne………………….yes

Roxanne informed the applicant that there is a Public Hearing Fee of $200.00 which needs to accompany the revised maps or the Public Hearing will not be scheduled.      

Colin wanted to make it clear that they are doing all this so they can get subdivision approval not for site plan approval.  Roxanne stated that he is correct.

STEWART’S:  Case #2008-06 – Site Plan – Reconstruction of Mini-Mart –
                            197-199 Broadway (US Route 9W; State Hwy 310), Port Ewen;
                             SBL: 56.060-5-2 & 3

Myles reviewed M.L. Putman Consulting Review dated 6/18/08, copy given to applicant and copy placed in file.  Chad Fowler and Chris Cannucciari were present representing the applicant. 

Myles recommended that the applicant do a lot line adjustment to merge the two parcels into one.  The Town Assessor and the Building Inspector would like to see the lot line adjustment completed.  Chad stated that they have from their surveyor a new description which shows it as one parcel.  He was informed by Roxanne that they need to submit an application for a Lot Line Adjustment and submit a letter requesting a waiver of the Public Hearing as per Section 107-16.A of the Town Code and it can essentially be completed in one meeting. 

Pete Lilholt, Planning Board Engineer, gave his engineering review dated 6/24/08.  Their largest issue was related to stormwater management and erosion and sediment control.  Pete stated as a point of clarification if disturbance is less than one acre a SWPPP is not required nor does it fall under the jurisdiction of the Town’s stormwater management or erosion control ordinances.  Based on the land use they have asked them to provide water quality treatment and peak flow information.  Pete stated that although it does not quite meet the level of standard that would be held if the project was over one acre it does represent significant improvement over the current conditions and he feels they have addressed their concerns about the stormwater management issues.  Darin questioned if the applicant was proposing an oil/water separator.  Pete stated they are no longer proposing this. It was part of the original plan but what they are doing is they have oversized storm system for peak flow and they are doing hoods in the catch basin which provides oil/water separation within the structure.

DARIN MADE A MOTION TO REFER THIS APPLICATION TO THE ULSTER COUNTY PLANNING BOARD AND THE WATERFRONT ADVISORY BOARD, SECONDED BY ROXANNE.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED 6-0.  VOTE WAS AS FOLLOWS:

Chuck………………..yes
Fred……………….....yes
Dennis………………yes
Mike………………...yes
Darin………………..yes
Roxanne…………….yes

MIKE MADE A MOTION TO SCHEDULE A PUBLIC HEARING FOR STEWART’S, CASE #2008-06, FOR JULY 24, 2008 AT 7:20 PM, SECONDED BY DARIN.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED 6-0.  VOTE WAS AS FOLLOWS:

Chuck……………….yes
Fred…………………yes
Dennis………………yes
Mike………………...yes
Darin………………..yes
Roxanne…………….yes

Myles stated that the applicant should put a note in regarding the Schoonmaker driveway relocation.  Roxanne informed the applicant that there needs to be a notation on the map that the sidewalks will not be obstructed by anything. 

Applicant given the referral packet and were told to add updated plans that need to be hand delivered by them to the Ulster County Planning Board since their deadline is June 27, 2008. 

Chris stated that they will apply for DOT Permits.  Roxanne informed him that we will need a copy of the permits for our file.  Chad stated that it was mentioned again in the comments the Fire/Sprinkler System.  He stated that it’s part of the Building Permit application and it is a UL listed system and he can show the detail if the Board needs it. 

PORT EWEN HOUSING “The Meadows”:  Case #2006-10 – Major subdivision –                                    231 ½ Salem St.; Park Lane; Eugene St; Cynthia Street; Port     
                             Ewen; SBL: 56.067-6-20

                                                                     
Planning Board received no call and no one was present to represent this application.

MISCELLANEOUS:

SHELIGHTNER & MCVICKER:

Roxanne excused herself from the Board at this time.  Dennis Suraci took over as Chairperson for this application. 

Dennis stated that he spoke with Peter Graham, Esq. who stated that this is not an application and it is just a convenience for them to notify the Board of their wishes.  Peter stated that he does not need to write a letter.  This is a “buyer beware” situation.  It is a paper street (Smith Street off of Salem Street).  There is a paper section that the Town never built and they are cutting the paper section and adding it on to their lots.  They understand that if someone comes along and claims this property they could loose it.  They went to the Town and the Town said that they don’t own it because they never accepted it as a street.  They will divide it and assume ownership of it.

ZBA REFERRALS:  None

DARIN MADE A MOTION TO ADJOURN, SECONDED BY MIKE.  ALL MEMBERS WERE IN FAVOR.  MEETING WAS ADJOURNED AT 8:55 PM.

NEXT MONTHLY MEETING:       July 24, 2008 – Regular Meeting

SECOND MONTHLY MEETING: July 16, 2008 (If Needed)

DEADLINE DATE:                          July 10, 2008

NEXT PRE-SUBMISSION:             July 10, 2008

Respectfully submitted:

 

April Oneto
Planning Board Secretary