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