BOARD MEMBERS PRESENT: John McMichael
Russ Shultis, Chairman
ABSENT: Linda Smythe
ALSO PRESENT: Miles Putman, Shuster Associates, Planning Board Consultant
At 7:02 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.
Board Member Roxanne Pecora requested that a revision be made to the June 24, 2004 meeting minutes as prepared. She requested that on page 9 under Magliato it be added that Roxanne Pecora will contact the Planning Board’s attorney for clarification. ROXANNE PECORA THEN MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD APPROVE THE JUNE 24, 2004 PLANNING BOARD MEETING MINUTES AS AMENDED. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.
A MOTION WAS MADE BY KATHY WEITZE AND SECONDED BY ROXANNE PECORA 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:
Daily Freeman....................(Huth Public Hearing).........................................
Daily Freeman....................(Cooper Public Hearing/Escrow)....................... $ 13.11
Daily Freeman....................(Wallenstein & Patrick Public Hearings)........... $ 29.10
Chazen Engineering..........(Cooper Escrow).................................................. $ 454.50
Shuster Assoc....................(Cooper Escrow).................................................. $ 270.00
Shuster Assoc....................(ESP/Fawn Meadows Escrow)........................... $ 450.00
Matera.................................(ESP/Fawn Meadows Escrow).......................... $ 19.50
Chazen Engineering...........(Lighthouse Bluff Escrow)................................ $ 616.50
Shuster Assoc....................(Lighthouse Bluff Escrow)................................. $ 935.00
Matera.................................(Lighthouse Bluff Escrow)............................... $ 208.00
Matera.................................(M & L/Riverview Escrow).............................. $ 130.00
Chazen Engineering...........(Mahairas Escrow)............................................ $ 317.25
Shuster Assoc....................(Mahairas Escrow)............................................. $ 225.00
Kristy L. Nelson.................(6/19/04 - 7/16/04)............................................. 31 Hrs.
COOPER - (2004-05) - 611 Old Post Road, West Esopus, NY
5 Lot Major Re-Subdivision
Tax SBL #71.002-3-19.1
Dennis Cooper was present at this meeting. The applicant is proposing a 5 lot major re-subdivision in an R-40 district with substantial road frontage. Lots will range from 2 to 8 1/3 acres. There is one existing dwelling. Maps were distributed to the Board for review. Miles Putman of Shuster Associates, the Planning Board’s consultant, had no new comments on this application since the revised maps submitted were not given to his office in a timely fashion. Chazen’s engineering review dated 7/21/04 was discussed. A copy of the same is on file and a copy was given to the applicant. It was noted that the following items, 2. & 7., of Chazen’s review still needed to be satisfied:
2. The Applicant’s Engineer is to revise the proposed drawings
to show the size and inverts for the existing
corrugated metal pipes (CMP) and the culvert proposed on Lot 3.
7. Each of the three drawings is dated July 12, 2004. However,
the first sheet also has revision dates of March 23,
2004 and April 30, 2004. The Applicant’s Engineer is to clean up the drawing dates and the revision block dates.
At this time, Mr. Cooper presented revised maps which he felt satisfied the above two comments. After reviewing the same, the Board determined that the maps did not satisfy the minor outstanding engineering items. It was suggested that Mr. Cooper’s engineer speak directly to Nancy Clark of Chazen Engineering regarding Item 2. and that the surveyor/engineer correct the three drawings dated July 12, 2004 to reflect the date the drawings were initially prepared (7/29/03).
KATHY WEITZE MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD, FINDING NO SIGNIFICANT ENVIRONMENTAL IMPACT, APPROVE THE COOPER SUBDIVISION PURSUANT TO THE FOLLOWING CONDITIONS:
1. THE APPLICANT MUST COMPLY WITH TOWN CODE CHAPTER 71 WHICH REFERS
ESCROW ACCOUNT WHICH IS CURRENTLY OPEN AND MUST BE UTILIZED TO PAY ANY
EXISTING OUTSTANDING INVOICES.
2. THE APPLICANT IS SUBJECT TO RECREATION FEES AS OUTLINED IN
TOWN CODE CHAPTER
3. SOME MINOR MODIFICATIONS ARE REQUIRED ON THE PLAT:
a. IT IS SUGGESTED THAT THE ENGINEER,
MR. GRAY, FOR COOPER CONTACT CHAZEN
ENGINEERING WITH REGARDS TO THE PROPOSED CULVERT SHOWN UNDER THE DRIVEWAY
TO LOT 3 TO FURTHER DEFINE THE SIZE OF THAT CULVERT SHOULD IT BE NECESSARY.
b. A DATE REVISION ON THE MAPS SHOULD
BE DONE SO THE DATE BLOCK READS THE DATE
OF THE ORIGINAL APPLICATION WHICH WAS JULY 29, 2003.
4. A RECORD BE PLACED IN THE MOTION OF THE ULSTER COUNTY HIGHWAY
SIGNED BY MR. LUKASZEWSKI TO THE BOARD DATED 5/18/04 WHICH STATES THAT A $3,000
BOND WOULD BE REQUIRED FOR THE COUNTY RIGHT OF WAY.
ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.
Chairman Shultis advised Dennis Cooper that once all the conditions of the motion to approve have been met and the Board gets the plans with the required mylar, the Planning Board would then sign the same. Russ also advised the applicant to have the Ulster County Health Dept. signoff on their Dept. of Health blocks on all the maps including the mylar.
MAHAIRAS - (2002-010) - 100-120 Carney Road, Rifton, NY
6 Lot Major Subdivision
Since no one was present at the meeting to represent the applicant, the Planning Board agreed to come back to this application later in the evening.
HILL - (2004-020) - 40-52 Floyd Ackert Road, West Park, NY
David Hill was present at this meeting. This proposal is for site
plan approval for the conversion of a frame barn into two rental dwellings.
The property is presently developed with a single family residence and
accessory buildings. The addition of two dwellings onto the parcel
would create a multifamily dwelling occupancy, a use that is not permitted
under the zoning law, and the applicant received a use variance from the
Zoning Board of Appeals.
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. Hill. Maps were reviewed. Planning Board members had no questions or comments. Chairman Shultis noted that the Planning Board received a letter dated June 28, 2004 from Mr. Hill requesting that no public hearing be required for this application especially since a public hearing was held by the Zoning Board of Appeals and no opposition was expressed at that meeting. A copy of the same is on file. KATHY WEITZE MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD WAIVE HOLDING A PUBLIC HEARING ON THIS APPLICATION. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE. RUSS SHULTIS THEN MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD REFER THIS APPLICATION TO THE ULSTER COUNTY PLANNING BOARD. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE. Dennis Suraci asked about the sanitary system. Mr. Hill indicated that he had applied to the Health Dept. and the concept was approved. Chairman Shultis asked that the applicant provide written Health Dept. documentation next month for the file.
KOMASA - (2003-023) - 170 Sackett St.; Kline Lane; Hamilton Court, Port
Minor 3 Lot Subdivision
Mr. Komasa was present at this meeting. He is proposing a 3 lot
subdivision of vacant property. 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
noted that the Planning Board was in receipt of a letter dated July 9,
2004 from Port Ewen Water/Sewer District Superintendent Don Kiernan who
noted that he would require the water service for Lot 3 to be connected
to Sackett St. Dennis Suraci questioned the map date as noted in
Don Kiernan’s letter.
It was agreed that the Board should have this date corrected and initialed by Don. Chairman Shultis asked the applicant to have his surveyor clarify the 309.79’ figure up by the cul-de-sac on Hamilton Court. Mr. Komasa believed this figure was the length of the frontage from point to point since the same exact number was also shown lower on the map. If this is the case, the Board requested that the upper figure be deleted. Russ also requested that the lot line between Lot 2 & 3 be clarified since he sees one bearing of S.87 degrees 19 minutes 00 seconds E. and right in the middle he sees N. 85-43-04 W. It was noted that an escrow account in the amount of $1,500 was established. Russ Shultis asked the applicant about highway permits. Mr. Komasa had thought the letter was already issued so he will contact the Highway Dept. to get the three approvals in writing. Fred Zimmer suggested Mr. Komasa also talk with Al Larkin of the Highway Dept. regarding the turnaround on Hamilton Court. Fred noted that the applicant would have to deed over to the Town that portion of the turnaround that’s on his property.
Setbacks for Lot 3 were discussed due to the turnaround conveyance. After reviewing the maps, the Planning Board felt that there would be plenty of room to meet the required setbacks. RUSS SHULTIS MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD REFER THIS APPLICATION TO THE WATERFRONT ADVISORY BOARD FOR THEIR REVIEW. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE. Next, the applicant was requested to address Nancy Clark’s (Chazen Engineering) engineering review dated July 21, 2004 in a written item-by-item response by his engineer.
At this time in the meeting, discussion was had about cutoff dates for application submissions. Chairman Russ Shultis noted that Nancy Clark of Chazen Engineering has told him it was getting difficult for her to meet the Planning Board’s requirement of getting reviews in time prior to the meeting with the two week deadline. Nancy stated she would feel a lot more comfortable if the Board extended the deadline to three weeks. Russ felt, both for Nancy’s benefit and for the benefit of the Board, to get the reviews in time and not last minute, the Board should give serious thought to this matter. Many Board members did not think three weeks was fair to applicants. However, it was agreed that if the material is not to Nancy by the two week cutoff date, the cutoff would be enforced and the application put off a month. Secretary Kristy Nelson asked, in order to avoid any delays, that the Board have the applicants get their information directly to Nancy Clark by the cutoff date as well as provide the necessary copies for the Planning Board files. Board member Dennis Suraci volunteered to contact Nancy Clark to explain the situation of the Board regarding this matter. Russ Shultis requested that Dennis, when speaking with Nancy, tell her that he agrees with her timeframe, and he thinks the Board should give her the amount of time she is requesting so that she can do a complete review and not be rushed.
HANSEN- (2004-017) - 125 Perrine’s Bridge Rd., Perrine’s Bridge area,
Town of Esopus, NY
Conditional Use Permit - 2 Family Conversion
Mr. Hansen was present at this meeting. He would like to convert a one-family dwelling into a duplex. Miles Putman of Shuster Associates gave his application review. A copy of the same is on file and a copy was given to Mr. Hansen. Dennis Suraci asked Mr. Hansen if he was changing the number of bedrooms within the house. Mr. Hansen said no. Chairman Shultis asked about driveway cuts since it looked like Mr. Hansen was proposing an additional driveway. Mr. Hansen stated that it is what is there already and he was just planning on putting something in the middle. The driveway that exists now is 48’ long by 21’ wide. Russ Shultis personally thought the applicant could do better for a site plan. He was not thrilled with what was in front of him, he did not see parking provisions, etc. Fred Hansen stated that 4 spots could fit in the existing driveway. Miles Putman noted that 2 spaces per dwelling unit is required and added that if the applicant had to go to the side of the driveway to provide a parking space he thought there was space in the front of the house to do so. Kathy Weitze felt there was adequate space to park 4 cars in a 21’ x 48’ area, and Kathy did not feel the Board needed another drawing. KATHY WEITZE MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT THE PLANNING BOARD REFER THIS APPLICATION TO THE ULSTER COUNTY PLANNING BOARD. ALL MEMBERS PRESENT, EXCEPT FOR RUSS SHULTIS WHO VOTED NO, WERE IN FAVOR OF THIS MOTION.
MOTION CARRIED BY A 5-1 VOTE. KATHY WEITZE THEN MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING FOR THIS APPLICATION, CASE 2004-017, FOR AUGUST 26, 2004 AT 7:10 PM. ALL MEMBERS PRESENT, WITH THE EXCEPTION OF RUSS SHULTIS WHO ABSTAINED, VOTED IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0-1 VOTE.
SAMTON - (2004-019) - 60 Suominens Lane, Rifton, NY
Minor 4 Lot Re-Subdivision
Mr. Claude Samton was present at this meeting. Miles Putman of Shuster Associates gave his application review on this case. A copy of the same is on file and a copy was given to the applicant. This proposal is for a large residential parcel situated on a dead-end Town Highway to be split into four lots, three of which will consist of vacant land. Two flag lots are proposed. Chairman Shultis noted that the Planning Board did receive a letter dated July 7, 2004, from Mr. Samton requesting a waiver to zoning code Section 123-21.D(5) and (6) regarding flag lots. Mr. Samton stated that his representative met with the Town Board at their last meeting regarding a road dedication in front of Lots 3 and 4, however, there was a problem. Therefore, he decided to do the entire thing a road reservation and readjust the lot line to Lot 3 to take a few feet of the existing driveway to meet the road frontage requirement. Chairman Shultis asked Mr. Samton why the Town Board was not in favor of the dedication. He did not feel the Town Board understood it, and they felt it hadn’t been done before. Planning Board members disagreed and noted it is done all the time. Fred Zimmer commented that the only thing he didn’t like about the dedication of the road was that it was only in front of 2 lots and not the others. Chairman Shultis requested that Mr. Samton change the road reservation wording on the map to read ‘reserved for street realignment, widening or maintenance purposes’. In addition, as noted last month, the date on the map, July 9, should be corrected. It is believed the date should be June 9 and, now, a revision block should be added with map revision dates. Dennis Suraci suggested that Mr. Samton’s engineer look at the wells and septics on Lots 2 & 3 since he was concerned with the septics being slightly uphill from the wells. Dennis also thought the distance requirement by the Health Dept. was 200’. Fred Zimmer noted that the Planning Board could subject any approval on Board of Health approval. John McMichael noted that regarding the waivers, the zoning code says the Board should only grant them if it is absolutely necessary. John failed to see how this was necessary on this proposal since there is something like 800’ of frontage. Discussion was had. Claude Samton noted that a stream goes through the property and it is quite wet, rocky, and low along the road. Fred Zimmer noted that there was also a utility easement. Fred commented that he did not think it was a bad point to have 2 side by side flag lots since it does kind of give one a common point for access on and off of a highway. Dennis Suraci noted that the Planning Board could always request a note on the map saying ‘no further subdivision of Lot 2’. KATHY WEITZE MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD APPROVE THE WAIVER REQUESTS FOR THE SIDE BY SIDE FLAG LOTS AND THE LENGTH. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE. Mr. Samton was advised that he would need to add to the map the area of disturbance calculations and a grading plan. In addition, he would have to get written approval from the Highway Dept. on the driveway cuts. Fred Zimmer suggested Mr. Samton talk with Al Larkin, the Highway Superintendent, about the road dedication and have him explain the same to the Town Board. RUSS SHULTIS, IN ACCORDANCE WITH CHAPTER 71 OF THE TOWN CODE, MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD HAVE THE APPLICANT SET UP ESCROW ACCOUNT FOR THE SUM OF $750.00. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.
SMALL/BOYLE - (2003-028) - 92 & 106 Hardenburgh Rd., Union Center,
Town of Esopus, NY
3 Lot Subdivision from Reshaping 2 Parcels
SBL #63.003-7-12.1 & 13.13
Engineer John Stinemire represented the applicant at this meeting.
This proposal is to reshape 2 parcels into 3 with a shared driveway.
Board members Dennis Suraci requested that the record reflect that he is
related to the engineer, but has no monetary interest in what is being
proposed by him. 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 Mr. Stinemire. Chairman Shultis noted that the
Planning Board was in receipt of a letter dated 7/20/04 from the Highway
Dept. regarding this proposal which states that only 2 driveway permits
would be issued for this property due to limited sight distance in all
other areas. There was some questions as to where the 2 driveway
permits would be issued for.
Chairman Shultis will confirm the same with Highway Superintendent Al Larkin. Next, Russ Shultis noted that he received a telephone call from Todd Schroeter who was concerned about the Planning Board’s engineer’s review. Todd felt the topos clearly show that the driveways are within the code and questioned some items Nancy says she needed, but never expressed an interest in early on in the process. At this time, John Stinemire went through Nancy Clark’s engineering review dated July 21, 2004 item by item. Regarding item 1., John stated that as far as the driveways were concerned, they are all pre-existing wood roads that basically are being improved upon. The grades, generally speaking, are not being changed. The roads are being widened in most areas because the existing ones are 12-14’ wide and the surface area has been calculated at 20’. He was not disagreeing that there will still be disturbance, but his point was that, generally speaking, the grades are not changing. Regarding item 2., John noted that he was not present to be a part of that conversation, but could provide profiles. Chairman Shultis asked John Stinemire that based on the topography of the property and the Town’s code on the slope of driveways, did he feel that any part of the driveways would conflict with the code. Mr. Stinemire said no, he was confident that they could accomplish getting the driveways to meet code. Regarding item 3., John Stinemire stated that the lowest row of the tabulated disturbances is accumulated disturbance for the main common drive so all the disturbed areas are accounted for in those numbers, including the driveway. John stated that it basically was his opinion that they have met all of the requirements. Board member Kathy Weitze stated, regarding the driveway profiles, that she did not think they were necessary. Russ Shultis felt that in reference to item 2. of Nancy’s review, the fact that Todd stated he would provide the driveway profiles, and John stated he could easily do that, road profiles should be provided. Russ felt the Board should be consistent and require driveway profiles. Discussion was had regarding driveways, profiles, right-of-ways, and maintenance agreements. Fred Zimmer felt the existing cut and a proposed driveway to Lot 3 should be shown on the map. Chairman Shultis will contact Al Larkin for clarification on the driveway cuts. FRED ZIMMER MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD REQUEST DRIVEWAY PROFILES FOR ALL DRIVEWAYS WHEREVER THE FINAL LOCATION OF THE DRIVES ARE. ALL MEMBERS WITH THE EXCEPTION OF JOHN MCMICHAEL WHO VOTE NO, WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-1 VOTE. The Board also requested that the applicant show the proposed driveway for Lot 3 on the map. It was suggested that John Stinemire discuss the grading issue in item 1. with Nancy Clark directly and explain what he explained to the Board to her.
CARMEN - (2004-021) - 180, 181 Martin Sweedish Rd., 131/134 Weston Rd.,
Town of Esopus, NY
5 Lot Major Re-Subdivision
SBL #79.003-5-26.1 & 24
James Carmen represented the applicant at this meeting. A large
rural residential parcel split by a Town Highway is proposed to be divided
to create five building lots. Miles Putman of Shuster Associates
gave his application review. A copy of the same is on file and a
copy was given to Mr. Carmen earlier in the week. Maps were reviewed.
Chairman Shultis asked about the dashed lines running through the proposed
driveway on Lot 5 and asked that this be clarified. Some discussion
was had regarding Martin Sweedish Road, the threat of eminent domain, and
whether or not it is a dedicated road or a user highway. Mr. Carmen
was advised to show what kind of culverts he would be proposing to use
on a revised map, as well as all of the property involved in this proposal,
79.003-5-26.1 & 24, with the metes and bounds and labeled proposed
new lot lines and lot lines to be deleted. Chairman Shultis noted
that Mr. Carmen would have to address the issue of the road and get written
approval from the Highway Dept. about driveway cuts. It was noted
that this application would probably require an escrow account to be established
and would be subject to recreation fees. James Carmen noted, at this
time, that lots 2, 3, 4, 5 & 6 are going to have restrictions on them
that they can only be single family dwellings with no further subdivision.
It was suggested this be put on the map as a notation. Mr. Carmen
also submitted a copy of his Power of Attorney from Bertilla Carmen.
Mr. Carmen asked if he had to show the property on the west side of the
road. The Board agreed that Mr. Carmen should only focus on the project
on the east side.
Presubmission Conference - Schroeter
Mary Parker represented Todd Schroeter regarding this presubmission conference for a 3 lots subdivision on Carney Road, the former Magnifico property. Maps were reviewed. Mary noted they currently have permits into the Ulster County Health Dept., they are doing topo (2’ contours) on the property, and they have spoken to Al Larkin of the Highway Dept. who has agreed to the driveway permits. Kathy Weitze wondered about the 16’ right-of-way. Russ Shultis stated it looks like the applicant is reserving a 16’ right-of-way to access Magnifico’s other property. Roxanne Pecora asked about the house under construction as labeled on the map. Chairman Shultis noted that was an issue he would be taking up with the Building Dept. Russ also stated that he would make the Supervisor aware of the road dedication as indicated on the map, but he did not know what the Town Board’s comments will be on the same. Dennis Suraci and Fred Zimmer agreed to attend the next Town Board meeting to discuss road dedications with the Board members. Mary Parker also noted that there would be restrictions on the lots that the properties could not be further subdivided.
MAHAIRAS - (2002-010) - 100-120 Carney Road, Rifton, NY
6 Lot Major Subdivision
There was no applicant representation present at this meeting. Chairman Shultis did not feel the Board should review this application without the applicant present, especially knowing that the applicant’s attorney had concerns and objections when the Board went ahead without them at the Public Hearing. Roxanne Pecora and Kathy Weitze noted that the Board had talked about applications before when the applicants did not show up. Dennis Suraci felt the Board could discuss the application, but was unsure about doing a final vote. John McMichael did not feel the Board should review this application this evening. Fred Zimmer agreed with John. RUSS SHULTIS MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD TABLE DISCUSSION ON THE MAHAIRAS APPLICATION UNTIL NEXT MONTH.
ROXANNE PECORA..................NO DENNIS SURACI.........ABSTAINED
JOHN MCMICHAEL..................YES KATHY WEITZE.........NO
RUSS SHULTIS...........................YES FRED ZIMMER............YES
WITH A 3-2-1 VOTE, THE MOTION NEITHER PASSED NOR FAILED. More discussion was had regarding time frames. Chairman Shultis noted that the Planning Board could act upon the SEQR determination and then take the application up again next month. Kathy Weitze and Roxanne Pecora again reiterated that they felt this application was at a point that it could be voted on. Russ Shultis then went over his thoughts regarding possible conditions of approval. JOHN MCMICHAEL THEN MADE A MOTION THAT THE PLANNING BOARD RECONSIDER THE MAHAIRAS APPLICATION TONIGHT BECAUSE OF THE 62 DAY LIMIT AND HE WAS NOT AT ALL CONVINCED THAT IF THE BOARD DID NOT ACT ON IT TONIGHT, THEN IT WOULD AUTOMATICALLY PASS. Chairman Shultis reminded John that the Board had not yet made a determination of SEQR. Russ then read 107-17G of the Subdivision Code. JOHN MCMICHAEL WITHDREW HIS MOTION. Dennis Suraci asked, other than the fact that the applicant was not present, was the Board ready to act on the application. Roxanne Pecora stated that the Board has everything it needed to act upon it. Kathy Weitze noted that the only thing was if the applicant had a comment on any of the possible conditions. Dennis Suraci stated that if the approval was contingent upon conditions and the applicant didn’t agree with them, then he loses the approval. ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD ACT UPON THIS APPLICATION THIS EVENING.
ROXANNE PECORA..................YES DENNIS SURACI.........YES
JOHN MCMICHAEL..................YES KATHY WEITZE.........YES
RUSS SHULTIS...........................NO FRED ZIMMER............NO
BY A 4-2 VOTE, THE MOTION CARRIED.
ROXANNE PECORA THEN MADE A MOTION, SECONDED BY KATHY WEITZE, FOR A DETERMINATION OF SEQR OF NON-SIGNIFICANCE (NEG. DEC.). ALL MEMBERS PRESENT, WITH THE EXCEPTION OF RUSS SHULTIS WHO ABSTAINED, WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0-1 VOTE. SEQR forms were signed. KATHY WEITZE MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THE PLANNING BOARD GRANT PRELIMINARY PLAT APPROVAL FOR THE MAHAIRAS APPLICATION, CASE 2002-010, WITH THE FOLLOWING CONDITIONS:
1. THE APPLICANT MUST COMPLY WITH TOWN CODE CHAPTER 71 WITH REGARD
2. THE APPLICANT IS SUBJECT TO RECREATION FEES AS OUTLINED IN TOWN CODE
CHAPTER 76-2.E.e. (THIS SHOULD BE PAID BEFORE THE ACTUAL PLAT BEING SIGNED.)
3. THE APPLICANT MUST COMPLY WITH TOWN CODE CHAPTER 88, SECTIONS 88-4 & 88-6.
4. THE FINAL PLAT MUST INCLUDE THE NOTATION CONTAINED IN 107-29.13 AND 107-29.15.
5. THE DRAINAGE EASEMENT MUST BE DELINEATED ON THE FINAL PLAT.
6. THE EASEMENT NOTATION MUST BY UNDERSIGNED BY THE APPROPRIATE PERSON AND
REPRESENTATIVE OF CITIVISION.
7. THE APPLICANT MUST COMPLY WITH TOWN CODE CHAPTER 107, ARTICLE VI, AND IN
ACCORDANCE WITH 107-31.B.2, THE APPLICANT WILL DELIVER TO THE TOWN AN
IRREVOCABLE LETTER OF CREDIT IN THE SUM OF $222,000 FOR ROAD CONSTRUCTION.
Discussion was had regarding easements and 107-29.15 was read. Chairman Shultis reminded the Planning Board that last month some Board members had concerns about a liability issue for the Town when it came to the easement. John McMichael still felt the Board needed something in place, as Fred stated last month, regarding the Citivision property because they are taking the drainage water from the Mahairas subdivision and sometime down the line, if the properties change hands, there could be a lawsuit regarding the same. Kathy Weitze noted that a letter from Citivision is on file regarding the drainage, however, the question that came up at last month’s meeting was whether or not the letter was sufficient. Kathy felt condition 6. of the motion covered John’s concern. John agreed.
ALL MEMBERS PRESENT, EXCEPT FOR ROXANNE PECORA WHO VOTED NO AND RUSS SHULTIS WHO ABSTAINED, WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-1-1 VOTE.
Discussion was had between Zoning Board of Appeals member Joseph Guido and the Planning Board regarding drainage problems with properties before the ZBA and the referral of the same to the Planning Board since Joe felt the ZBA was not capable of determining what the proper way would be to solve water problems. Chairman Shultis advised Joe that the ZBA could hire an engineer in accordance with Chapter 71-1.B.3. of the Town code. Russ will make a point to contact Nancy Clark of Chazen Engineering to let her know that the ZBA may be calling her. Joe Guido also noted that the Zoning Board made corrections to their minutes to clarify their referral of the the Hill application and the Planning Board’s interpretation request. Discussion was had regarding the interpretation request and the Planning Board having an application before them that has a non-conforming use, like Martone & Patrick. Chairman Shultis stated that it was his interpretation of the ZBA’s response to the Planning Board’s interpretation request that if the creation of the lot results in zoning violations then it should be sent to the ZBA. However, last month, Joe Guido informed the Planning Board that Russ’ interpretation was not what they said at the meeting and the ZBA’s response letter was not clear. Zoning Board meeting minutes were reviewed. The ZBA felt that if there is a large parcel of land with two houses on it, which is a non-conforming use, and the property is subdivided, the owner would have to come before the ZBA for a variance for the parcel that has two houses on it because this would essentially be creating a new non-conforming use.
ZBA Referrals - None
Roxanne Pecora noted that she spoke with Peter Graham regarding any recourse the Planning Board would have if Mr. Magliato did not complete the road work regarding his proposal. Mr. Graham informed her that the Planning Board had no recourse. At this point, it would be the Building Dept. who would have to insure that the applicant has met what the approved plat was. In terms of Lot 2, the lot on Jordan Lane, if the applicant were to sell Lot 2 before the rough grading is done, the only recourse would be to hold off on any building permit until the rough grading is completed. It ends up being the buyers responsibility. Roxanne then asked Peter Graham if the Planning Board could reopen an approved subdivision. Peter stated once a subdivision approval is given there is no further statutory authority, according to Town Law 276 & 277. The Planning Board cannot reopen an approved subdivision. According to case law, states that if there is a material change to the plan, or new evidence is presented, then an applicant can be brought back for the review of changes to seek the necessary approvals. Dennis Suraci asked if, in the Patrick case, wasn’t what Joe Guido was giving the Planning Board, the first letter being slurred and the second letter being definitive, enough to bring her back. Board members did not think so. Dennis Suraci asked that if because of what the Planning Board knows about what has gone on at that site, would this be enough evidence to say we need to go back and get a bond so Mr. Magliato doesn’t do something wrong on that site. Board members were unsure. Dennis felt the Planning Board has learned a lesson; anything that is done offsite should be bonded until the work is done. Secretary Kristy Nelson suggested each Planning Board member take a new application as it comes in and follow it though with notes and possible conditions of approval so that nothing gets overlooked in any final approvals.
A list of monthly correspondence received by the Planning Board was given to each Board member.
Chairman Shultis read a letter he prepared in response to Mrs. Peterson’s letter to the Planning Board dated July 12, 2004, regarding the Terpening Cemetery and Lighthouse Bluff. Board members agreed with said letter which will be forwarded to Mrs. Peterson.
At this time, Board members Kathy Weitze left the meeting.
Valentine maps were reviewed for signing. It was noted that the maps did not include the driveway profile, a condition of approval, and there was some question about the notation concerning the proposed lot lines and the lot lines to be deleted. Chairman Shultis will contact Brad Valentine about the same.
WITH NO OTHER BUSINESS PENDING, DENNIS SURACI 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