TOWN OF ESOPUS
PLANNING BOARD MEETING MINUTES
August 23, 2001

BOARD MEMBERS PRESENT: Russ Shultis, Acting Chairperson
    John McMichael
    Roxanne Pecora
    Linda Smythe
 
EXCUSED:   Marilyn Coffey
    Kathy Weitze
    Fred Zimmer

ALSO PRESENT:  Miles Putman, Shuster Associates, Planning Board Consultant
 
At 7:00 pm, Acting Chairperson 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.

Minutes

ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD APPROVE THE MINUTES OF THE JULY 26, 2001 PLANNING BOARD MEETING AS PREPARED AND ALSO APPROVE THE MINUTES OF THE AUGUST 15, 2001 PLANNING BOARD WORKSHOP MEETING AS PREPARED.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.

 Vouchers
A MOTION WAS MADE BY RUSS SHULTIS 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 4-0 VOTE.
The vouchers submitted and read were as follows:

 Kristy L. Nelson..........(7/21/01 - 8/17/01)...................................................................................     30 hrs.
 Daily Freeman.............(Pittner & Navara Public Hearings).......................................................$    25.71
 Daily Freeman.............(Nextel Public Hearing)..........................................................................$    13.10
 Daily Freeman.............(Citivision, Freeman & Hamilton Public Hearings).............................$     38.32
 Chazen Engineering....(To Be Paid Out of the Heavenly Valley Escrow Acct.)......................$   189.00
 Shuster Associates......(To Be Paid Out of the Connelly Village & Pittner Escrow Accts.)....$1,120.00
It was noted, however, that the Pittner escrow account was $166.05 short of what was needed to pay its portion of the Shuster Associates’ bill.  A letter will be sent to the Pittners addressing the same.
 

PUBLIC HEARINGS & OLD BUSINESS
 

FREEMAN - (2001-008) - 185 Broadway; 126 East Main St. & Klein Lane, Port Ewen, NY
      3 Lot Subdivision with a Lot Line Adjustment
      Tax SBL #56.060-3-28

ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD REOPEN THE PUBLIC HEARING FOR FREEMAN.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.  Applicant Doug Freeman was present at this meeting.  At this time, Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review for the Freeman application.  A copy of the same is on file and a copy was given to the applicant.  Acting Chairperson Russ Shultis asked for any audience comments.  None were made.  RUSS SHULTIS MADE A MOTION, SECONDED BY LINDA SMYTHE, TO CLOSE THE FREEMAN PUBLIC HEARING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.

Sewer & water services were discussed.

At this time, Doug Freeman informed the Board that in order to clear up the issue regarding the future sanitary connections to Lot 2, he would like to amend his application to a two (2) lot subdivision with a lot line adjustment.  Mr. Freeman requested that Lots 1 & 2 be consolidated into one lot (Lot 1) and Lot 3 become Lot 2.

JOHN MCMICHAEL MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE PLANNING BOARD DECLARE NON-SIGNIFICANCE REGARDING SEQR FOR THE FREEMAN PROPOSAL AND GRANT PRELIMINARY PLAT APPROVAL FOR A TWO (2) LOT SUBDIVISION AND A LOT LINE ADJUSTMENT WITH THE CONDITION THAT THE SUBMISSION OF A FINAL PLAT BE MADE WITHIN SIX (6) MONTHS WHICH SHOWS LOTS 1 & 2 BEING CONSOLIDATED INTO ONE LOT (LOT 1) AND LOT 3 BECOMING LOT 2 AS WELL AS THE LOCATION OF ACCESS FOR LOT 2 AS APPROVED BY THE TOWN HIGHWAY SUPERINTENDENT.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.
 

NEXTEL COMMUNICATIONS - (2001-019) - 438 Broadway, Port Ewen, NY
             Conditional Use Permit
             SBL #56.020-3-36
 

ROXANNE PECORA MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE PLANNING BOARD OPEN THE NEXTEL COMMUNICATIONS, CASE #2001-019, PUBLIC HEARING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.  Nextel representatives were present at this meeting.  Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review for this case.  A copy of the same is on file and a copy was given to the applicant’s representative.
It was noted that the Ulster County Planning Board’s recommendation was for the following required modifications:
1.  Data should be requested concerning the structural capabilities of the tower.  Information should be supplied
     concerning all existing antennas on the tower and the ability of the facility to handle additional co-locators.

2.  A coverage map should be provided that shows existing and proposed coverage for the facility.

It was also noted that the applicant submitted a revised EAF, a parking tabulation letter and a revised site plan maps.

In response to the County’s modifications, the applicant submitted a Structural Analysis Report dated May 21, 2001 which was prepared by Tectonic Engineering and an affidavit with maps from Clifford Gonsalves, a radio frequency engineer, regarding the existing and proposed coverage for the facility.

At this time, Acting Chairperson Russ Shultis called for audience comments.  None were made.  A letter from Gabriel Aguilar, M.D. to the Planning Board dated August 14, 2001, opposing this proposal was read into the minutes.  In response to this letter, Nextel’s representative noted that the emissions are radio frequency waves, and Nextel is in compliance federal guidelines.  Miles Putman noted that per the Dept. of NYS Open Government Guide, a municipality can ask for proof that the wireless communications facility does comply with the FCC emissions standard, but it cannot impose any additional requirements.

Maps were reviewed.

LINDA SMYTHE MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD CLOSE THE NEXTEL PUBLIC HEARING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.

LINDA SMYTHE MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD GRANT APPROVAL OF THE CONDITIONAL USE PERMIT BASED ON THE FACT THAT THE APPLICANT HAS PROVIDED UPDATED DATA TO SATISFY THE COUNTY’S REQUIRED MODIFICATIONS.

 JOHN MCMICHAEL..................NO             RUSS SHULTIS...........................YES
 ROXANNE PECORA.................YES            LINDA SMYTHE.........................YES

WITH A 3-1 VOTE, THE MOTION NEITHER PASSED NOR FAILED.

John McMichael indicated that he would like to see more assurance that the proposal is safe.  Russ Shultis noted that according to the TCA Act of 1996, Nextel is considered a public utility and their application would be considered under different circumstance.  Also in this act, the FCC has decided that, in their opinion, there are no issues with regard to health affects at this point.  In addition, concerning health conditions, Russ noted that there was a court case, Cellular Telephone Co. vs. Town of Oyster Bay, which states that an application cannot be denied solely on the basis of health effects.  The Nextel representative stated that he would not want anyone to feel uncomfortable and suggested that they, as a condition of the approval, submit a report showing the Board that the facility is in compliance with the standards and is safe.

ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD ACCEPT THE NEXTEL CONDITIONAL USE PERMIT WITH THE CONDITION THAT NEXTEL SUBMIT A REPORT PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THAT SHOWS THAT THE FACILITY IS IN COMPLIANCE WITH THE FCC STANDARDS AND IS SAFE UNDER THESE STANDARDS.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.
NAVARA - (2001-016) - 279 Broadway, 8 River Road, Port Ewen, NY
   Conditional Use Permit w/Site Plan
   Tax SBL #56.076-1-22

ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD OPEN THE PUBLIC HEARING FOR NAVARA, CASE #2001-016.  Mr. Navara was present at this meeting.  Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review for this case.  A copy of the same is on file and a copy was given to the applicant.  It was noted that the Ulster County Planning Board’s response was ‘No County Impact - Non-binding Comments’.

Mr. Navara submitted for the file a step by step breakdown of services provided by Cross Landscaping dated August 12, 2001.  No cost figures were included in this breakdown.

At this time, Acting Chairperson Russ Shultis called for public comments.

Shelley Collins of 4 River Road who lives down hill from the property noted that her concerns were noise, drainage, environmental runoff, and how this proposal would affect the value of her property.  She told the Planning Board that there is already a drainage/runoff problem that exists now from 9W.

Lois DeKoskie of 9 River Road wondered what the applicant’s plans were for the River Road area of this property and if it would be used as an entrance.  Other concerns of Ms. DeKoskie was the appearance of  Broadway, the environment, runoff, and drainage.  She also wondered what Town laws were available for individuals if something was not abided by.

Jame Connelly was also concerned about drainage and runoff as well as the traffic impact.

Tom (inaudible) of 5 River Road wondered how the applicant was going to control fluid leakage from cars being brought in by salvage yards and customers.  He also was concerned about noise, and runoff.

The Planning Board explained that this property was in both a commerical and residential zone.  The zoning map was reviewed.  It was also noted that Mr. Navara doesn’t intend to put in additional blacktopping at the site.  Mr. Navara indicated that at this point he had no future plans for that portion of the property that borders River Road; he intends for it to remain as it is.  All vehicles would have to enter and exit the property from 9W.

Wanda Doyle of 7 River Road has concerns about the tree line, lighting, and security around the building.

It was noted that the applicant was not proposing any windows on the north or east side of the building, his hours of operation would be from 8 to 5 Monday through Saturday, and there would be some cutting of the land for the additional parking lot, but this cutting would mostly be brush.  John McMichael also informed the public that the plan calls for a small retention pond at the edge of the parking lot.

ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, TO CLOSE THE NAVARA PUBLIC HEARING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.

It was noted that the Planning Board did not yet received a response to their referral to the Waterfront Advisory Board or the Environmental Board regarding this application.  John McMichael suggested that the Planning Board forward these two (2) Boards a copy of the minutes once they have been prepared.  Roxanne Pecora stated that there was nothing in the Town’s zoning that would prevent a residential entrance into a commerical parking lot.  Miles Putman suggested that since this application was for a conditional use permit, it was in the Planning Board’s  responsibility to review the project as it may relate to abutting land users including those in a residential zone and the Board might have the jurisdiction to establish a condition saying that this use shall not be accessed from River Road.
Since the Planning Board had not yet received referral responses on this proposal, this application will be placed back on next month’s Planning Board agenda.
 

PITTNER - (2001-18) - 337 River Road @ 1-29 Hudson Lane, Ulster Park, NY
              4 Lot Subdivision
              Tax SBL #64.003-4-1

LINDA SMYTHE MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE PLANNING BOARD OPEN THE PUBLIC HEARING FOR PITTNER, CASE #2001-018.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.  The applicant nor a representative were present at this meeting.  Acting Chairperson Russ Shultis called for any public input.  None was made.  It was noted that the Planning Board did not yet received a response to their referral to the Waterfront Advisory Board regarding this application.  It was also noted that the applicant had submitted a completed Agricultural Data Statement and correspondence was received from the Town Highway Dept. regarding the approval of access for the three vacant lots.  The Highway Superintendent also has alerted the Planning Board to the existence of a culvert outfall from under Hudson Lane onto the front yard of proposed Lot 3.  RUSS SHULTIS MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD ADJOURN THE PITTNER PUBLIC HEARING UNTIL THURSDAY, SEPTEMBER 27, 2001, AT 7:00 PM IN THE TOWN HALL ON BROADWAY IN PORT EWEN, NY.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.
 
 

OLD BUSINESS
 

DACON/IRON MOUNTAIN - (2001-013) - Ulster Avenue, Port Ewen, NY
                                   Site Plan Amendment
                                   Tax SBL #63.002-2-10

Attorney Mike Moriello represented the applicant at this meeting.  Miles Putman of Shuster Associates gave a brief rundown on this project.  He noted that Mike Moriello drafted a draft resolution of approval which was attached to the two page letter that summarized the field discussion he had with the Ulster County Dept. of Highways and Bridges.  Planning Board members where somewhat confused as to why Iron Mountain was back on the agenda this month since the Board granted conditional site plan approval last month.  Mike Moriello stated that he would like to have a written decision for future referral and that was the purpose of the draft resolution.  Miles Putman of Shuster Associates suggested that the Planning Board have documentation to back up its approval.

ROXANNE PECORA MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE PLANNING BOARD REOPEN THE DACON/IRON MOUNTAIN CASE #2001-013 EXPRESSLY FOR THE PURPOSE OF DELINEATING THE OUTCOME OF THE MEETING WITH THE ULSTER COUNTY DEPT. OF HIGHWAYS AND BRIDGES AND THE AGREED TO CONDITIONS AS PER THE RESOLUTION THAT MIKE MORIELLO HAS PRESENTED BEFORE US HERE TONIGHT (See Attached).  ALL MEMBERS PRESENT WERE IN FAVOR OF MOTION WHICH CARRIED BY A 4-0 VOTE.
COOPER - (2001-014) - 611 Old Post Road, West Esopus, NY
                Two Lot Subdivision
                Tax SBL #71.002-3-19

Dennis Cooper was present at this meeting.  Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review for this case.  A copy of the same is on file and a copy was given to the applicant.  Maps were reviewed.

ROXANNE PECORA MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING FOR THE COOPER APPLICATION, CASE #2001-014, ON THURSDAY, SEPTEMBER 27, 2001, AT 7:10 PM.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.
 
 

MISCELLANEOUS BUSINESS

Presubmission Conference - Parkhurst

Surveyor Bert Winnie represented Dave Parkhurst at this presubmission conference for a possible 3 lot subdivision with lot line adjustments.  Maps were reviewed.  The Planning Board advised Mr. Winnie that he would have to obtain curbcuts, get health dept. approval on the septic systems, and show topographical lines on any maps submitted.  In addition, Roxanne Pecora suggested that Mr. Winnie might want to go before the Waterfront Advisory Board for a presubmission conference.
 

ZBA Referrals

Two  ZBA referrals (Zahedi & Clark) were received by the Planning Board.  The Planning Board agreed to forward a ‘No Comment’ response to the ZBA on both referrals.
 

2002 Budget

Tabled until next month’s agenda.
 

Correspondence

A list of monthly correspondence received by the Planning Board was given to each Board member.
 

Workshop Meeting

A Planning Board Workshop meeting was scheduled for Wednesday, September 11, 2001 at 7 pm at the Town Hall in Port Ewen, NY.

 
Navara

Discussion was had about drainage.
 

Adjournment

WITH NO OTHER BUSINESS PENDING, LINDA SMYTHE MADE A MOTION, SECONDED BY RUSS SHULTIS, TO CLOSE THE MEETING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION.  MEETING ADJOURNED.
 

        Respectfully submitted,
 
 

        Kristy L. Nelson
        Secretary