BOARD MEMBERS PRESENT: John McMichael
Russ Shultis, Chairman
ABSENT: Linda Smythe
EXCUSED: Fred Zimmer
At 7:05 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.
Planning Board Engineer Nancy Clark requested, via a faxed memo, that the following amendments be made to the July 25, 2002 meeting minutes:
Page 2, Under Crane
· 5th Sentence: Nancy’s review indicated that
according to the submitted report, there would be no increase in
peak discharge following the .............
· 6th Sentence: replace the second ‘that’ with ‘some’ - ......project; some are existing town road issues.
Page 3, Under Crane
· 15th Sentence: change ‘with’ to ‘within’.
· 17th Sentence: delete ‘such as’
· 18th Sentence: .........and she felt if grading was shown on the plat then.........
· In the motion not voted on delete the word ‘the’ - ......the applicant show a proposed grading plan to.........
ROXANNE PECORA MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT THE PLANNING BOARD APPROVE THE MINUTES FROM THE JULY 25, 2002 PLANNING BOARD MEETING AS AMENDED. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
A MOTION WAS MADE BY ROXANNE PECORA AND SECONDED BY DENNIS SURACI TO ACCEPT ALL VOUCHERS SUBMITTED AND READ. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH PASSED BY A 5-0 VOTE.
The vouchers submitted and read were as follows:
Kristy L. Nelson...................(7/20/02 - 8/16/02)..............................................
Daily Freeman......................(Schroeter Public Hearing)................................ $19.40
Chazen Engineering.............(Crane Escrow).................................................. $731.25
Chazen Engineering.............(Victorian Assoc./Rondout Hills Escrow)........ $562.50
PUBLIC HEARINGS & OLD BUSINESS
COSTELLO - (2001-03) - 427 Broadway; Catherine Street, Port Ewen, NY
Lot Line Revision
Tax SBL #56.020-3-5, 6, 8, 28.1, 28.2, 30 & 39
Vince Costello and his representative, Steve DeSalvo, were present at this meeting. ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD OPEN THE COSTELLO PUBLIC HEARING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE. Chairman Shultis called for public input. Mr. Joe Costello, an adjoining property owner, had a concern about the existing right-of-way (Catherine Road) and its maintenance, especially if any portion of the property is sold. Hank DePew, another adjoining property owner, had the same concern. At this time, the map was reviewed with Joe Costello and Mr. DePew. They were shown that a note had been placed on the map which indicates that the Lands of Henry L. DePew, Jr., Liber 1486 Page 151, and Joseph P. Costello, Jr. and Judith Costello, Liber 1146 Page 735, will have access over the existing driveway to Rte. 9W with all rights and conditions stated in their respective deeds and the fifty (50’) foot wide right-of-way shown by metes and bounds on the above described map will in no way interfere with or affect any previously conveyed rights. Hank DePew stated that several years ago certain segments of this property were designated as protected by the environmental agency. He wondered if any portion of these segments were sold would conditions would be placed on them, i.e. people couldn’t build within 500’ of the protected wetland. Chairman Shultis noted that at this time, the applicant was not subdividing per say, he was reconfiguring 7 parcels into 2. If, in the future, a portion of either lot was to be sold, they would have to appear back before the Planning Board for a subdivision and any conditions, like wetlands, etc., would be addressed at that time. WITH NO OTHER COMMENTS TO BE MADE, KATHY WEITZE MADE A MOTION, SECONDED BY ROXANNE PECORA, TO CLOSE THE COSTELLO PUBLIC HEARING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
Chairman Shultis called for any Board comments. Board member Kathy
Weitze felt everything was clear and easy to understand. At this
time, Shuster Associates’ project review for this application dated August
15, 2002, was reviewed. A copy of the same was given to Mr. DeSalvo
and a copy is on file. ROXANNE PECORA MADE A MOTION, SECONDED BY
KATHY WEITZE, THAT THE PLANNING BOARD RENDER A DETERMINATION OF NON-SIGNIFICANCE
(NEG. DEC.) PURSUANT TO SEQR AND GRANT PRELIMINARY PLAT APPROVAL, WAIVE
SUBMISSION OF A FINAL PLAT, AND GRANT CONDITIONAL FINAL PLAT APPROVAL SUBJECT
TO THE PLATS BEARING THE SIGNATURES OF ALL OF THE INVOLVED LANDOWNERS.
BY A 5-0 VOTE, THE MOTION CARRIED. Maps were signed by both the applicant
and the Planning Board.
GORDON - (2002-13) - 108 Martin Sweedish Road, West Esopus, NY
Dual Lot Line Revisions
Tax SBL #71.003-3-33.1, 33.6 & 33.7
Mrs. Gordon was present at this meeting. Chairman Shultis ran through last month’s project review for this application. ROXANNE PECORA MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THE PLANNING BOARD OPEN THE GORDON PUBLIC HEARING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE. Public comments were called for. None were made. RUSS SHULTIS MADE A MOTION, SECONDED BY JOHN MCMICHAEL, TO CLOSE THE GORDON PUBLIC HEARING. MOTION CARRIED BY A 5-0 VOTE.
Chairman Shultis asked for any Board comments. Dennis Suraci
noted that this was a previously approved subdivision, and he had a concern
with regard to Lot 7 since it has such a large wetland area. Dennis
wondered if there would be enough room for the well and septic. He
also wondered if the Board would be removing additional acreage that was
including in the original subdivision. Russ Shultis asked Mrs. Gordon
if the Health Dept. had looked at Lot 7. She said no. Dennis
Suraci asked if when the original subdivision was done did the Health Dept.
look at the wells and septic. Mrs. Gordon noted that that was not
required because the lots were over so many acres. Kathy Weitze added
that the Health Dept. assumes that if the acreage is so large, it
will not be a problem locating the well and septic. Russ Shultis
suggested placing a notation on the plat to the effect that ‘all proposed
building lots are subject to Ulster County Health Dept. approvals’.
Kathy Weitze noted that one cannot obtain a building permit without Health
Dept. approval. Dennis Suraci wondered if the Planning Board would
be liable if it approved Lot 7 and then it wasn’t large enough. Kathy
Weitze did not feel the Planning Board would be liable because it was not
a requirement due to the lot’s size. Chairman Shultis made the applicant
aware of a recent situation that came before the Planning Board - a subdivision
was approved and when the owners went to build, it was determined that
where they had proposed the septic system, the Ulster County Health Dept.
would not allow them to put it there so they had to come back before the
Planning Board for a lot line adjustment to add property to the lot.
Mrs. Gordon stated that she understood what Russ Shultis was saying.
ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING
BOARD RENDER A DETERMINATION OF NON-SIGNIFICANCE (NEG DEC.) PURSUANT TO
SEQR AND GRANT THE GORDON APPLICATION PRELIMINARY PLAT APPROVAL, WAIVE
SUBMISSION OF A FINAL PLAT AND GRANT CONDITIONAL FINAL PLAT APPROVAL SUBJECT
TO THE SUBMISSION OF THE REQUISITE NUMBER OF PAPER PRINTS AND REPRODUCIBLE
MASTER PLAT DRAWING BEARING THE SIGNATURES OF ALL OF THE INVOLVED LANDOWNERS.
ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0
STEWART’S - (2001-025) - 197 & 199 Broadway, Port Ewen, NY
Tax SBL #56.060-5-2 & 3
Postponed - Still awaiting Zoning Board of Appeals’ decision.
VICTORIAN ASSOCIATES INC. - (2000-030) - Connelly Road, The Hills, Port Ewen, NY
Plat & Site Plan Amendments - Sections A & B
Tax SBL #56.051-8-1 and other lots
Mr. Valenti and his attorney, Mike Moriello, and engineer, Chris Zell, were present at this meeting. Chairperson Shultis noted that the Board’s consultant’s comments for this application were ‘Not reviewed this month. Revised plat submitted with notation on Section C & D features that are depicted on map. Planning Board should confirm with Town’s Consulting Attorney on acceptability of language on note.’ Chris Zell stated that the note being talked about was what was on the map since they first submitted it, and he has heard nothing from the Town’s attorney suggestion that he wanted a change. Chairperson Shultis noted that the Planning Board’s attorney, Peter Graham, was of the opinion that the notation as shown on A & B was sufficient. Prior (March 2002) Planning Board minutes pertaining to this application were reviewed. KATHY WEITZE MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT FINDING NO SIGNIFICANT ENVIRONMENTAL IMPACT, THE PLANNING BOARD APPROVE THE SITE PLAN AMENDMENT AND SUBDIVISION OF THE LANDS OF KINGSTON VICTORIAN ASSOCIATES INC./RONDOUT HILLS, SPECIFICALLY A & B, WHICH ARE THE EXISTING SECTIONS AND FOOTPRINTS FOR THE BUILDINGS THAT WILL GO UP IN SECTION B. KATHY WEITZE NOTED THE DATE ON THE MAP - FEBRUARY 8, 2001 AND FURTHER ADDED TO THE MOTION, THE BUILDING NUMBERS AS DELINEATED IN THE DEC. 21, 2000 NOTE FROM SHUSTER ASSOCIATES (ATTACHED) THAT INCLUDES THE NUMBER OF DWELLINGS AND OTHER SIMILAR ALTERATIONS TO THE SITE PLAN, INFRASTRUCTURE, ETC. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
(Note: This motion was amended further on in the minutes. Victorian Associates Case #2002-06 was not addressed at this meeting.)
CRANE - (2002-01) - Hardenburgh Road, Union Center, NY
4 Lot Subdivision
Tax SBL #63.3-6-5
Kim Matthews represented the applicant at this meeting. Chairperson Shultis noted that via Julia Crane’s August 7, 2002 letter to the Planning Board it appeared that Ms. Crane was in the process of selling this property to Kim Matthews and has requested that this application be placed on tonight’s agenda to clarify for Kim what will be required in item’s 1, 5, 6, 7 & 8 of Chazen’s Engineer’s Report of July 25, 2002.
Regarding item 1., topo, maps were reviewed as well as last month’s
meeting minutes. Chairperson Shultis stated that he personally thought
that what was shown on the original map was adequate and did not feel it
would be necessary to require the field topography be done by a licensed
land surveyor. Kathy Weitze agreed. Roxanne Pecora had no problem
with this. John McMichael had a concern because a lot of ground was
pushed around since 1999, and he was curious how much the contours have
changed. John also felt that since the Board asked Nancy Clark of
Chazen Engineering to do a survey and this was her judgment, the Board
should go with her recommendation. Dennis Suraci asked what lots
in the area were developed and wondered if only the area pertaining to
the drainage situation could be surveyed. Russ Shultis noted that
after speaking with Nancy Clark of Chazen Engineering she suggested that
where there was going to be disturbance, any proposed work, to the site
was where the Board would want shown existing grades and proposed
grades. Dennis Suraci indicated that if this was the case, he had
no problem with what exists for topo. ROXANNE PECORA MADE A MOTION,
SECONDED BY DENNIS SURACI, THAT FOR THE CRANE APPLICATION, THE CHAZEN ENGINEERING’S
COMMENTS FROM THEIR LETTER OF JULY 25, 2002, ITEM 1. BE FURTHER CLARIFIED
FOR THE APPLICANT - THE 1999 USGS MAPPING IS ACCEPTABLE FOR THE TOPOGRAPHY,
AND THEY WILL NOT BE REQUIRED TO DO NEW TOPOGRAPHY OF THE AREA. ALL
MEMBERS WITH THE EXCEPTION OF JOHN MCMICHAEL, WHO VOTED NO, WERE IN FAVOR
OF THE MOTION. MOTION CARRIED BY A 4-1 VOTE.
Regarding item 5., proposed 36” culvert, it was agreed that this item was detailed enough, and Kim was well aware of what would be required from the engineer.
Regarding item 6., Kim Matthews was told to contact Art Cross to determine what his requirements would be for the ditching to take place along the proposed driveways and include this in the details on the subdivision map. Board member Roxanne Pecora suggested that Kim get Art’s requirements in writing.
Regarding item 7., it was agreed that this item was detailed enough, and Kim was well aware of what would be required from the engineer.
Regarding item 8., driveway surfaces, it was the Board’s feeling that again this was something for Art Cross to address. Chairperson Shultis noted that whatever is proposed on the map is what the applicant would be held to.
Kim Matthews had a document from the Board of Health regarding the proposed septic systems. She will have a copy of the same made and drop it off in the near future at the town hall for the file.
VALENTINO - (2002-15) - 370 Martin Sweedish Road, West Esopus, NY
Garage in Front of Dwelling
Tax SBL #79.001-1-19
Planning Board approval of this application was not required. The proposed garage will not project closer to this private “street” than the existing dwelling. While the garage will project closer to the westerly lot line than the house, it must be noted that the westerly lot line is a side lot line, not a front lot (or street) line.
Presubmission - Swarthout - Site Plan - 443 So. Broadway
Mr. Swarthout was present at this meeting. Chairperson Shultis
ran through Shuster Associates’ project review dated Aug. 15, 2002.
A copy of the same is on file and a copy was given to Mr. Swarthout.
Mr. Swarthout submitted a handdrawn map of the property. He noted
that he would like to add auto sales to his existing auto repair shop.
Mr. Swarthout was told that he would need a to-scale drawing that shows
the existing building footprints, floor area to be occupied by the auto
sales office and the car repair business, proposed vehicle display spaces,
property lines, customer parking and storage areas for vehicles being repaired,
sewer and water service connections, landscaping, and any other existing
buildings on the property. For his information, a sample site plan
drawing (Poeschl) was shown to Mr. Swarthout and a copy of Section 123-47
of the Town’s Zoning Code, Site Plan Approval, was given him. It
was also noted that he, as the applicant, as well as the property owner,
would have to sign the application for site plan which he submitted to
the Town Clerk. Mr. Swarthout was advised that if there were issues
concerning any zoning violations with his proposal, he would be referred
to the Zoning Board of Appeals. He was also advised of the Planning
Board’s submission cut-off dates for agendas.
Presubmission - YMCA - Site Plan - Burleigh Road
Stacy Delmeter of the YMCA and David Clouser, Engineer, were present at this meeting. Chairperson Shultis ran through Shuster Associates’ project review dated Aug. 15, 2002. A copy of the same is on file and a copy was given to Mr. Clouser. Mr. Clouser submitted to the Board his business card, a map showing the project site and a preliminary site improvement layout sketch. It was explained that the Y camp would run from July 1 - Aug. 31 from 9 am to 3:45 pm and would be broken up into four 2 week sessions consisting of up to 250 campers per session. Campers would be bussed in using approximately 4 buses. The YMCA would be leasing the property which has 40+ acres. Mr. Clouser stated that the buildings have been looked at by an architect who felt they were in really good shape. Chairperson Shultis felt that the Board would want to see some documentation that states the buildings have been inspected and appear to be in usable condition with whatever modifications. There was some question regarding whether or not a variance was previously granted to this property for the 4-H camp. The Y’s representative was told that if they could demonstrate that the previous use was legal, the proposed conversion of the facility to day camp programs would represent a lateral shift in use and occupancy and a conditional use permit approval would be unnecessary. However, if they propose to modify existing buildings or construct new structures on the site, or make any improvements, a site plan would be applicable. The Y previously proposed this idea during a presubmission conf. in June 2001. Those meeting minutes were reviewed. The Planning Board asked if the 4-H camp was occupied last year. Mr. Clouser indicated that the camp had been vacant for approximately 5 years. In order to determine if a conditional use permit and site plan would be required for this proposal, more investigation into the history of the property was needed. Research will be done by both the Planning Board as well as the applicant and tonight’s submissions will be forwarded to the Board’s consultant. Dennis Suraci suggested that Mr. Clouser check with the Town’s Building Dept. regarding the buildings c/o’s to see if they are still valid.
Two (2) ZBA referrals (KC-Motluck and Sleight) were received by the Planning Board. The following comments were made:
KC-Motluck: It is the Planning Board’s opinion that the applicant should rearrange her proposed shed to, at least, meet the setbacks of the previous shed.
The Planning Board has no concern with this proposal; the proposal would
benefit both lots.
A list of monthly correspondence received by the Planning Board was given to each Board member.
A workshop meeting was scheduled for Thursday, Sept. 5, 2002, at 7:00 pm to go over Nancy Clark’s recommendations regarding the proposed subdivision regulations.
The proposed 2003 Planning Board budget was discussed. It appears
as if this year’s Planning Board budget will be over budget. However,
included in that budget is the cost for Shuster Associates to update the
Town’s subdivision regulations.
Dennis Suraci questioned how much Planning Board revenues offset the budget. Dennis noted that typically most towns offset their cost through the fees for reviews. It was the Board members’ feeling that an additional $2,500 be added to the budget to cover any possible attorney’s fees and, at the same time, recommend to the Town Board that they increase the Town’s fees. Roxanne Pecora noted that she had a county-wide comparison of towns’ fees and would copy Russ on the same. Planning Board revenue information will also be obtained.
Attorney Mike Moriello noted that the Victorian Associates’ maps for signing did not say ‘amended site plan and subdivision map’. He asked if they could submit revised maps to update this wording. However, the motion passed early in tonight’s meeting included a map date. THE FOLLOWING AMENDED MOTION WAS MADE BY KATHY WEITZE AND SECONDED BY ROXANNE PECORA: FINDING NO SIGNIFICANT ENVIRONMENTAL IMPACT THE PLANNING BOARD APPROVE THE SITE PLAN AMENDMENT AND SUBDIVISION OF THE LANDS OF KINGSTON VICTORIAN ASSOCIATES INC./RONDOUT HILLS, SPECIFICALLY SECTIONS A & B, WHICH ARE THE EXISTING SECTIONS AND FOOTPRINTS FOR THE BUILDINGS THAT WILL GO UP IN SECTION B. KATHY WEITZE FURTHER ADDED TO THE MOTION THE BUILDING NUMBERS AS DELINEATED IN THE DECEMBER 21, 2000 NOTE FROM SHUSTER ASSOCIATES (ATTACHED) WHICH ALSO INCLUDED THE NUMBER OF DWELLINGS AND OTHER SIMILAR ALTERATIONS TO THE SITE PLAN, INFRASTRUCTURE, ETC., AND PLATS WILL BE SIGNED UPON THE SUBMISSION OF A FINAL PLAT THAT INDICATES SITE PLAN AMENDMENT AND SUBDIVISION FOR PHASES A & B, VICTORIAN ASSOCIATES WITH THE CURRENT DATE OF THE NEW MAP. ALL MEMBERS WITH THE EXCEPTION OF RUSS SHULTIS, WHO VOTE NO, WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-1 VOTE.
WITH NO OTHER BUSINESS PENDING, RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA, TO CLOSE THE MEETING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION. MEETING ADJOURNED.
Kristy L. Nelson