TOWN OF ESOPUS
PLANNING BOARD MEETING
JULY 22, 2010

BOARD MEMBERS PRESENT: Roxanne Pecora, Chairperson
Charles Wesley
William Devine
Michael Minor
Darin DeKoskie

EXCUSED: Fred Zimmer

ALSO PRESENT: Myles Putman, M.L. Putman Consulting

Chairperson Pecora called the meeting of the Town of Esopus Planning Board to order at
7:05 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 members were asked if there were any changes or corrections to the
minutes of the May 27, 2010 and June 24, 2010 meetings.

MIKE MADE A MOTION TO ACCEPT THE PLANNING BOARD MINUTES OF
MAY 27, 2010 AND JUNE 24, 2010, SECONDED BY BILL. ALL MEMBERS
APPROVED THE MINUTES OF MAY 27, 2010. ALL MEMBERS WERE IN
FAVOR. VOTE WAS AS FOLLOWS:

Charlie…………………yes
Bill……………………..yes
Mike…………………...yes
Darin…………………..yes
Roxanne……………….yes

JUNE 24, 2010 MINUTES WERE PASSED WITH A VOTE OF 4-0-1. VOTE WAS
AS FOLLOWS:

Charlie ……………….abstained
Bill……………………yes
Mike………………….yes
Darin…………………yes
Roxanne……………...yes

VOUCHERS (Month of June):

M.L. Putman Consulting (May, 2010)....………………………………….....$2,250.00
Daily Freeman (Martone Public Hearing)…..…………………………………….$10.35
April Oneto (Secretarial Services)…………………………………………...41 ½ hours

VOUCHERS (Month of July):

Daily Freeman (Murphy Public Hearing)……………………………………....…$9.90
M.L. Putman Consulting (June, 2010)………………………………………..$2,250.00
April Oneto (Secretarial Services)……………………………………………..38 hours

CHARLIE MADE A MOTION TO APPROVE THE VOUCHERS AS READ
SECONDED BY MIKE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED
WITH A VOTE OF 5-0.

PUBLIC HEARING:

MURHY: Case #2010-07 – Subdivision – 30 Ulster Avenue – 676 Broadway (US
Rte 9W; SH 310) Ulster Park; SBL: 63.004-5.16.22

MIKE MADE A MOTION TO OPEN THE PUBLIC HEARING FOR MURPHY,
CASE #2010-07, SUBDIVISION SECONDED BY BILL. ALL MEMBERS WERE
IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0.

Chairperson Pecora read the Public Hearing Notice placed in the Daily Freeman, copy
placed in the file.

Roxanne asked if there was anyone present who wished to speak on behalf of this
application. There was no one present to speak on this application.

MIKE MADE A MOTION TO CLOSE THE PUBLIC HEARING FOR MURPHY,
CASE #2010-07, SECONDED BY BILL. ALL MEMBERS WERE IN FAVOR.
MOTION PASSED WITH A VOTE OF 5-0.

OLD BUSINESS:

MURPHY: Case #2010-07 – Subdivision – 30 Ulster Avenue – 676 Broadway (US
Rte 9W; SH 310), Ulster Park; SBL: 63.004-5.16.22

Applicant was represented by Colin Houston, Surveyor.

MIKE MADE A MOTION TO GRANT CONDITIONAL FINAL APPROVAL
FOR MURPHY, CASE #2010-07, SUBDIVISION SUBJECT TO RECEIPT OF 6
PAPER MAPS AND 1 MYLAR SIGNED BY THE OWNER, SECONDED BY
BILL. ALL MEMBERS WERE IN FAVOR. VOTE PASSED WITH A VOTE OF
5-0. VOTE WAS AS FOLLOWS:

Charlie…………………….yes
Mike………………………yes
Bill………………………..yes
Darin……………………...yes
Roxanne………………….yes

MID-HUDSON VALLEY FEDERAL CREDIT UNION: (MHVFCU) Case #2009-26 –
Site Plan 185 Broadway (US Rte 9W; SH 310); East Main St.;
Kline Lane, Port Ewen; SBL: 56.060-3-28.1

William Spearman, CEO, Credit Union, Michael Moriello, Attorney, John Latsko,
Architect and Bruce Utter, Engineer were present for this application.

Myles reviewed M.L. Putman Consulting Report dated 7/16/10, copy given to applicant
and copy placed in the file.

Roxanne stated that we received engineering review from Pete Lilholt, Clough Harbour
Assoc., Planning Board Engineer dated 7/19/10. Roxanne stated that she spoke with Pete
along with Fred Zimmer and basically he is satisfied with the engineering plan and
thought that they were very well done and complete. He feels that we are ready to go
forward to a Public Hearing or waive it and there is no need for him to do a further
review of this project.

Bruce submitted three sets of the cut sheets for the canopy lighting. Bruce stated that
they are changing the access from East Main Street to one way in instead of one way out.
They are going to have an access easement between the library parcel and this parcel.
The stormwater management plan shows a series of catch basins proposed to discharge to
a dry pond or detention basin in the back which will then discharge off the site. One of
the comments from the Planning Board engineer was to address the stormwater running
down the entrance way. In order to do that, he added a permanent vegetative transition
mat at the end of the curb line but if the Board would like he can add a catch basin.
Darin suggested that they just cut the curb. Bruce stated that he could just cut the curb.
He already has erosion control blankets specified in this area. He will keep the transition
mat for anything that does not make it through there. They will be connecting to the
existing gas line, sewer line and water lines. The electric they need to coordinate with
Central Hudson and see what is the best way to do this. They will be replanting one of
the street trees that they are moving and will plant another street tree. He was not sure
how much screening you needed between parking lot and parking lot. Mike stated that if
you want people to be able to walk through there you can not put a barrier. Myles would
like to see a few more small trees or shrubs added. He would like to see something more
evergreen around the HVAC unit. Bruce stated that they can address this.

Roxanne asked if they are going to rearrange the parking areas as suggested by Pete
Lilholt. Bruce stated that he thinks they are going to leave it the way it is. Roxanne
stated that he left it up to the applicant. His only concern was because of the stacking of
cars going through the drive through lanes. Bruce stated that you can stack three cars in
each window. Their option provides a little more parking along the building itself.

Darin would like to see more evergreen landscaping towards the eastern end of the
parking lot because Kline Lane is low and people who live down there will be looking up
during the winter and see the lights.

Charlie is wondering how the access drive off of Route 9W will work between Route 9W
and the library; the reciprocal agreement. Bruce stated that there will have to be a legal
agreement filed between the two properties. They are going to leave the property line for
the time being. Cross access easement between both parcels will be in the deeds.

Roxanne stated that we are in receipt of the Phase II Cultural Resource Study and at this
point we are satisfied and do not need to go any further with this. Mike Moriello stated
that Phase II is done and Mr. Diamond’s recommendation is to do a Phase III. It is their
opinion that this is an academic conclusion. Mike stated that there is SHPO (State
Historic Preservation Organization) who is the only interested agency and they have no
permitting authority in this matter. He stated that there are two things going on. One is
the study that will go to SHPO and there is the Board’s responsibility under SEQR. It is
conceivable that both SHPO and Mr. Diamond would like to see a Phase III. It is not
mandated. For SEQR they feel that they have done enough to show that there are no
significant impacts. A copy of the Phase II will be sent to SHPO. At this point, we do
not have any comments from them.

Mike Moriello stated they still have to do Part II of SEQR and a Draft Negative
Declaration. He would like to know if the Board thinks that they are in a position to at
least send this application to the Ulster County Planning Board. Roxanne stated that the
Board has to vote that we feel that we have a full statement. Mike Moriello stated that
they would like to get the comments from Ulster County Planning Board so that they can
respond to them. Mike Moriello asked if the Planning Board ever schedules a special
meeting. Roxanne stated that we do. He thought maybe in September we may be in a
position to ask to have a special meeting. Mike stated that the only interested agency that
has responded is NYSDOT. If we do need a State permit, we have followed all of the
procedures for a Type I Action. They have done a coordinated review and they have
involved interested agency all the way. At this point, no one can criticize this Board for
not following the procedures. The only other issue is a Public Hearing.

Roxanne stated that at this point the time has passed to declare this Board as Lead
Agency for this application.

MIKE MADE A MOTION TO DECLARE THE PLANNING BOARD AS LEAD
AGENCY FOR THE MID-HUDSON VALLEY FEDERAL CREDIT UNION,
CASE #2009-26, SECONDED BY CHARLIE. ALL MEMBERS WERE IN FAVOR.
MOTION PASSED WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:

Charlie………………..yes
Darin………………….yes

Bill……………………yes
Mike………………….yes
Roxanne……………...yes

Roxanne stated that we need to do referrals to the Ulster County Planning Board and in
that statement we need to say that we feel we have a complete statement and we need to
do a referral to the Waterfront Advisory Board.

DARIN MADE A MOTION THAT THIS BOARD FEELS THAT WE HAVE A
COMPLETE STATEMENT AND ARE THEREFORE REFERRING THE MID
HUDSON VALLEY FEDERAL CREDIT UNION, CASE #2009-26, TO THE
ULSTER COUNTY PLANNING BOARD AND THE WATERFRONT ADVISORY
BOARD FOR THEIR COMMENTS, SECONDED BY ROXANNE. ALL
MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0.
VOTE WAS AS FOLLOWS:

Charlie……………….yes
Mike…………………yes
Bill…………………..yes
Darin………………...yes
Roxanne……………..yes

Roxanne asked Mike Moriello if he would have Part II of the SEQR for this Board for
the next meeting. Mike stated that he will submit this at that time. Discussion took place
regarding the need to declare SEQR before it goes to the County. Mike Moriello stated
that 239 M says that you don’t have to declare SEQR. You have enough to send this to
the Ulster County Planning Board before this is done. Mike Moriello stated that he likes
to see the application go to the Ulster County Planning Board before the Public Hearing
because if that Board sees something that this Board did not see we will hear it from
them. Mike likes to weave this into the declaration.

Roxanne stated that the next thing that this Board needs to decide is if we need to have a
Public Hearing. She does not think that we need to have a Public Hearing. Discussion
took place regarding this issue.

DARIN MADE A MOTION TO SCHEDULE A PUBLIC HEARING FOR THE
MID-HUDSON VALLEY FEDERAL CREDIT UNION, CASE #2009-26, AT 7:10
PM, THURSDAY, AUGUST 26, 2010, SECONDED BY CHARLIE. MOTION
WAS PASSED BY A VOTE OF 4-1. VOTE WAS AS FOLLOWS:

Charlie…………………yes
Bill……………………..yes
Mike…………………...yes
Darin…………………..yes
Roxanne……………….no


Applicant was informed that there is a $200.00 fee for the Public Hearing that will be
deducted from their Escrow Account. Mike Moriello submitted a draft notice for the
Public Hearing. Mike Moriello will send this to all the involved and interested agencies.
April will mail notice to all surrounding property owners and place the notice in the
newspaper.

MIKE MADE A MOTION THAT THIS BOARD RECEIVED AND CONSIDERED
PHASE I, PHASE 1A, PHASE IB AND PHASE II OF THE CULTURAL
RESOURCE SURVEY AND WE ARE SATISFIED, SECONDED BY ROXANNE.
ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0.
VOTE WAS AS FOLLOWS:

Charlie…………………….yes
Darin………………………yes
Bill………………………...yes
Mike………………………yes
Roxanne…………………..yes

Roxanne informed the applicant that at the meeting on 8/26/10 it will be the Public
Hearing, SEQR determination and the decision of the Board unless something major
develops at the Public Hearing.

Roxanne recommended that someone from the Credit Union may want to attend the
Ulster County Planning Board Meeting which is held the first Wednesday of the month
(8/4/10). Roxanne stated that she represents the Town of Esopus on the Ulster County
Planning Board, however, that she can not speak at this meeting on this application. She
has to recuse herself from applications coming from her Town. If they plan to do that,
they should contact Dennis Doyle ahead of time and let him know that they would like to
present this application at that meeting.

Meeting was suspended while the form for submission to the Ulster County Planning
Board was completed. Applicant was given the necessary form and they will submit all
the maps and necessary paperwork from the files and the Planning Board secretary will
send copies of the minutes, Planner’s reports and necessary paperwork from their files.

LEPORE & GRAZIANO: Case #2010-06 – Lot Line Adjustment – 1525-1535
Broadway (US Rte 9W; SH 5508) West Park; SBL:
72.003-1-7, 8, 39.12 & 39.21

Applicant was represented by Michael Vetere, surveyor.

Applicant was referred to the Waterfront Advisory Board in May and we received a letter
dated 6/23/10 from that Board stating that they find no inconsistencies with the LWRP.
Letter placed in file.

MIKE MADE A MOTION TO GRANT CONDITIONAL FINAL APPROVAL
FOR LEPORE & GRAZIANO, CASE #2010-06, LOT LINE ADJUSTMENT,
SUBJECT TO THE SUBMISSION OF 6 PAPER MAPS AND 1 MYLAR, SIGNED
BY APPLICANT AND HAVING THE SURVEYOR STAMP AND SIGNATURE
ON THE MAPS, SECONDED BY DARIN. ALL MEMBERS WERE IN FAVOR.
MOTION WAS PASSED WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:

Charlie……………………yes
Darin……………………..yes
Bill……………………….yes
Mike……………………..yes
Roxanne…………………yes

PELEG: (Bed & Breakfast): Case #2010-09 – Special Use Permit - 9 Chambers
Rd., West Park; SBL: 80.001-3-25

Applicant was represented by Michael Vetere, Surveyor.

Myles reviewed M.L. Putman Report dated 7/16/10, copy given to applicant and copy
placed in file.

The septic tanks have been located. The parking lot has been altered to provide a greater
setback. We have a letter from the Building Department stating that this is a pre-existing
5 bedroom home and it is his opinion that a letter from the Health Department is not
required for this application.

MIKE MADE A MOTION TO SCHEDULE A PUBLIC HEARING FOR PELEG
(BED & BREAKFAST), CASE #2010-09, SPECIAL USE PERMIT, FOR
THURSDAY, AUGUST 26, 2010 AT 7:20 PM SECONDED BY CHARLIE. ALL
MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0.
VOTE WAS AS FOLLOWS:

Charlie………………..yes
Darin…………………yes
Bill…………………...yes
Mike…………………yes
Roxanne……………..yes

Applicant was informed that there will be a $200.00 Public Hearing fee which must be
received by the deadline date which is 8/12/10.

MIKE MADE A MOTION TO REFER PELEG (BED & BREAKFAST), CASE
#2010-09, SPECIAL USE PERMIT, TO THE ULSTER COUNTY PLANNING
BOARD AS WE FEEL WE HAVE A COMPLETE STATEMENT AND THE
WATERFRONT ADVISORY BOARD FOR THEIR REVIEW AND COMMENTS,
SECONDED BY CHARLIE. ALL MEMBERS WERE IN FAVOR. MOTION
PASSED WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:

Charlie…………………yes
Darin…………………..yes
Bill…………………….yes
Mike…………………..yes
Roxanne………………yes

Applicant was told that we will need 6 paper maps and no mylar is necessary.

FILIPOWICZ (et al.): Multiple Lot Line Adjustments – Case #2010-08 – 11-27
Old Mill Road (Town Hwy 871) 1392 Old Post Road, Rifton;
SBL: 71.030-3-1.2, 3 through 7

Ralph Filipowicz was present representing all the property owners involved. A letter of
representation is in the file.

Myles reviewed M.L. Putman Consulting Review dated 6/17/10, copy given to applicant
and copy placed in file.

Roxanne stated that Mr. Filipowicz is to go back before the Town Board Workshop to
discuss the Old Mill turnaround. Mr. Filipowicz will submit a letter to be presented to
the Town Board at their next workshop meeting. If this does not work out with the Town
Board then he will have to come back with his maps changed removing the dedication of
the turnaround to the Town.

CHARLIE MADE A MOTION TO WAIVE THE PUBLIC HEARING AS PER
SECTION 107.16.A FOR FILIPOWICZ (et al.), LOT LINE ADJUSTMENTS,
CASE #2010-08, SECONDED BY MIKE. ALL MEMBERS WERE IN FAVOR.
MOTION PASSED WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:

Charlie……………….yes
Darin…………………yes
Bill…………………...yes
Mike…………………yes
Roxanne……………..yes

MIKE MADE A MOTION TO DECLARE A NEGATIVE DECLARATION
PURSUANT TO SEQR FOR FILIPOWICZ (et al.) , LOT LINE ADJUSTMENTS,
CASE #2010-08, SECONDED BY ROXANNE. ALL MEMBERS WERE IN
FAVOR. MOTION PASSED WITH A VOTE OF 5-0. VOTE WAS AS
FOLLOWS:

Charlie……………….yes
Darin…………………yes
Bill…………………...yes

Mike………………….yes
Roxanne……………...yes

MIKE MADE A MOTION TO GRANT CONDITIONAL FINAL APPROVAL TO
FILIPOWICZ (et al.) 5 - LOT LINE ADJUSTMENTS, CASE #2010-08,
CONDITIONED UPON RESOLUTION OF THE TOWN BOARD REGARDING
THE CONVEYANCE OF THE 2,500 SQ. FT. TURNAROUND TO THE TOWN
OF ESOPUS, SECONDED BY DARIN. ALL MEMBERS WERE IN FAVOR.
MOTION PASSED WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:

Charlie………………..yes
Darin………………….yes
Bill……………………yes
Mike………………….yes
Roxanne……………...yes

ZBA REFERRALS:

Port Ewen Church of Port Ewen requesting a variance from Section 123-20 of the Zoning
Law to extend the steps and porch overhang in the front yard to the lot line.

After reviewing the application provided. The Planning Board has no comments. Other
referrals were for the Port Ewen Diner expansion and Rifton Fire District which the ZBA
approved at their meeting at July, 2010 meeting.

Darin would like to have the referral material submitted for Planning Board comments
prior to approving the variances.

MISCELLANEOUS:

Letter received from Tim Keefe, Building Inspector, regarding Stewart’s Corporation
dated 7/22/10 stating that the site work is completed as per Site Plan and Letter of Credit
in the amount of $10,000.00 may be released.

BILL MADE A MOTION TO RELEASE THE $10,000.00 LETTER OF CREDIT
FOR STEWART’S SHOP, CASE #2008-22, SECONDED BY ROXANNE. ALL
MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0.
VOTE WAS AS FOLLOWS:

Charlie………………yes
Darin………………...yes
Bill…………………..yes
Mike…………………yes
Roxanne……………..yes

CHARLIE MADE A MOTION TO ADJOURN, SECONDED BY DARIN. ALL
MEMBERS WERE IN FAVOR. ALL MEMBERS WERE IN FAVOR. MEETING
ADJOURNED AT 8:30 PM.

NEXT MONTHLY MEETING: AUGUST 26, 2010

DEADLINE: AUGUST 12, 2010

NEXT PRE-SUBMISSION: AUGUST 3, 2010

Respectfully submitted:

April Oneto
Planning Board Secretary