BOARD MEMBERS PRESENT: John McMichael
Russ Shultis, Chairman
EXCUSED: Roxanne Pecora
ALSO PRESENT: Miles Putman, Shuster Associates, Planning Board
At 7:05pm, 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.
DENNIS SURACI MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD APPROVE THE MINUTES OF THE JULY 24, 2003 PLANNING BOARD MEETING AS PREPARED. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
A MOTION WAS MADE BY JOHN MCMICHAEL AND SECONDED BY KATHY WEITZE 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..........(7/19/03 - 8/22/03)...................................................
Daily Freeman ............(Citivision Public Hearing - Escrow)...................... $ 13.58
Daily Freeman.............(Bunten & Magliato Public Hearings)................... $ 26.68
Daily Freeman.............(Spoth Public Hearing)........................................... $ 12.13
Chazen Engineering....(Citivision - Escrow)............................................... $506.26
PUBLIC HEARING AND OLD BUSINESS
MAGLIATO - (2003-010) - 11-17 Jordan Road, Rodman’s Lane, Ulster Park,
Minor 2 Lot Subdivision
Tax SBL #63.002-4-20
Applicant Dave Magliato was present at this meeting. This application is for a minor 2 lot subdivision of a 7.4 acre vacant parcel in the R-40 district. At this time in the meeting, Chairman Shultis excused himself from the Board for this application due to the fact that he is an adjoining property owner. Board member Fred Zimmer took over this portion of the meeting. KATHY WEITZE MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THE PLANNING BOARD OPEN THE MAGLIATO PUBLIC HEARING, CASE #2003-010. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION. MOTION CARRIED. Fred Zimmer called for public comments.
Russ Shultis of 15 Anna Lane, an adjoining property owner, presented a marked up copy of the tax map to the Board members to help clarify the 4 points he asked the Board members to consider for this application. His 4 points were as follows:
1. Consider requesting a culvert pipe for the driveway to Lot
1, which exits on to Rodman’s Lane, to eliminate any
chance of runoff backup.
2. Pursuant to subdivision regulation 107-20.C. & D., consider
asking the applicant if he would be willing to create
a buffer zone to offer some of the local residences a buffer from the new houses being proposed.
3. As was shown on the plan, the septic for Lot 1 appears to be
downhill from the Woodward property; thus, a
200’ setback would be required.
4. Consider subdivision regulation 107-21.C.2., which deals with
situations where an applicant is proposing a
road. This code takes into account that if there is a piece of undeveloped property, the Board could request that
the proposed road be extended up to the undeveloped piece in case of future development.
Regarding point 4., Russ Shultis stated that the distance of the road extension would be about 70’, and he did not see where this would be an insurmountable hardship for the applicant. He added that, without a question, he would benefit from the extension of this road; thus, he would be willing to sit down with the applicant to discuss the possibility of helping defray some of the cost of the same.
Maps were reviewed.
Dick Spoth of Jordan Lane asked about the number of building sites being proposed. It was noted that this proposal was for two building sites. Dick Spoth then asked if the building sites would be located where they were shown on the plans displayed. Applicant Dave Magliato noted that he had to relocate the septic and house sites on the property because of the perk tests. It was also noted that the proposed house, septic, and well sites listed on subdivision maps are only that, proposed. The sites are marked proposed on the maps, and they can be changed even after a proposal gets approved as long as it adheres to the Town’s zoning code.
Joe Almassi of Jordan Lane asked what type of septic system would be
put in. Mr. Magliato explained that it would be a shallow system
which is acceptable by the Ulster County Health Dept. Mr. Almassi
also had a concern about their wells drying up because of this proposal.
Drainage and wetlands from the driveway of Lot 1 was also a concern of
Joe Almassi. Dennis Suraci asked the applicant if he would be changing
the elevation of the driveway coming into Lot 1. Dave Magliato said
Carol Doyle of 21 Rodman’s Lane requested a second public hearing on this application so they can be more aware of the map with the changes to the proposed houses and septics. Dennis Suraci reiterated that the applicant was only proposing the locations of the houses and septics, and as long as he meets the Town’s setbacks, he can, even until he goes to put the foundation in, change these locations. Mrs. Doyle also had a concern about increasing traffic on Rodman’s Lane and felt the recent redesign and reconstruction of the opening of Rodman’s Lane is dangerous and needs widening. It was suggested that the residents from Rodman’s Lane contact the Highway Superintendent Art Cross and the Town’s Supervisor, Ray Rice.
Frank Daley of Jordan Lane had a concern about wetlands and the driveway going into Lot 1. He added that he spoke with the Army Corp. of Engineers who told him that there is a possibility that there should be a plan filed with them regarding this matter. Mr. Daley also noted that he would not be cutting his property to give Mr. Magliato a site line. Maps were reviewed.
Joe Almassi asked what the thickness of Lot 1’s driveway would be. Mr. Magliato stated that, when finished, it would be approximately 6” thick.
Brent Spoth of 15 Jordan’s Lane felt that this flat land region provided very slow drainage during the spring and by making the water move on through culverts, etc., rather than letting it slowly percolate into the soil, it may or may not create problems down stream.
Carl Carlson of 7 Jordan’s Lane questioned the house locations. It was noted that the applicant could put the houses and septics in anywhere on the property as long as they are within the Town’s zoning code and Board of Health specifications.
Gerald Davidson of 22 Anna Lane attested to the increased water flow over the years from people upstream building. He suggested that if a lot has 1/2 wetland and 1/2 higher land, then the Planning Board should consider designating 1/2 of the lot to be kept natural and not built upon so that the wetland area is not where the house goes.
Joe Almassi was concerned with the width of the driveways and fire trucks getting in and out.
At this time in the meeting, Fred Zimmer asked Miles Putman of Shuster Associates to give his report on this application. A copy of the same is on file and a copy was given to the applicant. In addition to Miles’ review, he noted that this proposal, based on tonight’s comments, was reminiscent of the Matthews/Crane application and may warrant having Chazen Engineering going with the Board in the field to look at the drainage situation. Kathy Weitze seconded Miles suggestion about perhaps getting Nancy Clark of Chazen Engineering involved in this application since there was a lot of concern about drainage.
When asked by Dennis Suraci if he would agree to the suggestions made at tonight’s meeting, applicant Dave Magliato stated that he would put in the culvert, buffer zone and add contours for the road going out to Rodman’s Lane, but noted he had a problem with the road extension. Dennis also noted that he would like to see if the applicant’s surveyor could delineate any federal wetlands. Dennis would also look into this matter.
Mike Jankowski of Anna Lane asked if the stone wall along side the driveway going into Lot 1 would be disrupted. Mr. Magliato said no; he would probably just rebuild it or clean it up.
Dennis Suraci suggested any buffer being put in be covenanted in the deeds. Russ Shultis stated that regarding the buffer, he would like to see 50’ on the north end and the west end.
Frank Daly asked about the length of the driveway going into Lot 1 and
if the 20’ width was from the center of the wall or 20’ from the wall.
It was felt that the property line and the wall were one in the same.
Mr. Daly again noted his concern about the wetlands.
Fred Zimmer felt topography was missing down on the Rodman’s Lane area and suggested getting profiles on both driveways.
Gerald Davidson wondered if it would be possible to share a driveway off of Jordan’s Lane so they wouldn’t have to go through the wetlands. Fred Zimmer felt there may be a problem with making the grade on the driveway to Lot 2. Dave Magliato did not like the shared driveway idea.
The 62 day timeframe was discussed in regard to public hearings and SEQR and when it starts. Fred Zimmer felt it started once the public hearing was closed, and Miles Putman felt the clock didn’t start until SEQR was determined.
KATHY WEITZE MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THE PLANNING BOARD CLOSE THE MAGLIATO PUBLIC HEARING.
KATHY WEITZE................YES DENNIS SURACI............YES
JOHN MCMICHAEL..........NO FRED ZIMMER...............NO
BY A 2-2 VOTE, THE MOTION NEITHER PASSED NOR FAILED.
KATHY WEITZE THEN MADE A MOTION TO ADJOURN THE PUBLIC HEARING FOR THE TIME BEING AND START IT OVER NEXT MONTH AND ALSO SEND THE MATERIALS TO NANCY CHAZEN FOR EVALUATION SINCE IT WAS KATHY’S UNDERSTANDING THAT THE APPLICANT ALREADY HAS AN ESCROW FUND SET UP WITH THE TOWN’S SUPERVISOR. Fred Zimmer asked the applicant if he was agreeable to extending the public hearing. Dave Magliato stated that he was not agreeable. KATHY WEITZE WITHDREW HER PREVIOUS MOTION BASED ON THE FACT THAT THE APPLICANT WAS NOT IN AGREEMENT.
NEXT, KATHY WEITZE MADE A MOTION, SECONDED BY DENNIS SURACI, TO CLOSE THE MAGLIATO PUBLIC HEARING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.
KATHY WEITZE THEN MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT THE PLANNING BOARD SUBMIT THE MAGLIATO FILE WITH THE MOST RECENT MAPS TO NANCY CLARK OF CHAZEN ENGINEERING FOR HER REVIEW AND LET NANCY MAKE THE CALL IF SHE NEEDS MORE TOPO INFORMATION FOR SAID REVIEW. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.
It was suggested that the applicant look into Section 107-21C.2. of the Subdivision Regulations. Mr. Magliato objected to dedicating the street parcel because he felt it would kill the value of Lot 2.
At this time, the meeting was turned back over to Chairman Russ Shultis.
BUNTEN - (2003-007) - 272 Broadway, Port Ewen, NY
Conditional Use Permit
Tax SBL #56.075-2-2
Dan Bunten and draftsman Charlie Wesley were present at this meeting.
Mr. Bunten is proposing to operate an auto repair facility within an existing
mixed residential-commerical occupancy building. In addition, the
proposing to convert the existing frame dwelling into a two family dwelling, creating a total of 3 dwellings on one lot, or a “multifamily” situation. KATHY WEITZE MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THE PLANNING BOARD OPEN THE BUNTEN PUBLIC HEARING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION. MOTION CARRIED. Chairman Shultis called for public input. None was made. It was noted that this application was forwarded to the Ulster County Planning Board and their response was ‘no county impact’. RUSS SHULTIS MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE BUNTEN PUBLIC HEARING BE CLOSED. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
CITIVISION - (2003-004) - 126 Carney Road, Rifton, NY
Site Plan Amendment - New Chapel/Multi-Use Building
Tax SBL #63.003-3-17 & 18
New Camp Director Chris Kotsogiannis and Attorney Joseph Pisani represented the applicant at this meeting. Miles Putman of Shuster Associates gave his project review on this application. A copy of the same is on file and a copy was given to Mr. Pisani. The applicant proposes the construction of a 17,700 sq. ft. chapel and multi-purpose building on the site of the existing Citivision camp in Rifton. RUSS SHULTIS MADE A MOTION, SECONDED BY KATHY WEITZE, TO OPEN THE CITIVISION PUBLIC HEARING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE. Chairman Shultis called for public comments.
Attorney Joseph Pisani briefly stated that Citivision has been before the Planning Board several times, and he believed that the plans before the Board have been very carefully reviewed by the Planning Board’s engineer. He believed that they have conformed to all of the requests about drainage and other issues. Their engineer, Brinnier and Larios, has submitted to the Board the final plans which Joe believed conformed to all of the issues and criteria. Mr. Pisani respectfully requested the Planning Board’s favorable consideration.
Mr. & Mrs. Hare of Carney Road presented each Planning Board members with a list of questions from Concerned Citizens of Esopus and requested clear answers to them. A copy of the same is on file. Mr. Hare wondered how he was to believe that Citivision would keep any promises it makes since they have a pattern of disregard for their neighbors and the Town. He added that amplified noise, litter on neighboring property, unreturned phone calls, and violations of town and zoning codes (i.e. amplified noise, unlicensed vehicles, and more than one permanent residence) have all contributed to his feelings of mistrust. Joseph Pisani stated that there is no amplification in the covering of the hoop court that was approved last year. He added that they have not been felt guilty of any violations of zoning ordinances. Mr. Pisani noted that there are 2 cases pending in the criminal court relative to charges made by Ms. Henderson and Mr. Hare that have not been determined by the criminal court. He felt that any reference to these charges or the nature of these charges while these cases are pending in the local court is totally inappropriate. Mr. Pisani indicated that these cases would be decided no later than October 7th.
Robert Turner of Carney Road also complained about amplifier sound coming from the camp which he felt was a violation of his rights. Mr. Turner was opposed to any other buildings because he cannot trust Citivision. He also noted that there was some sort of excavation going on at the camp now resulting in a constant stream of dump trucks going up and down the road as well as a tremendous runoff of mud and silt into his property. Photos were shown. Robert Turner felt further construction would only aggravate the problem. Joseph Pisani objected to the pictures shown by Mr. Turner since it had not been found by any engineers, etc. that they are the cause for the Swartekill Creek to be brown. Mr. Pisani also stated that there was no construction going on at the property right now. Robert Turner last point was a concern about traffic on Carney Road, especially the trucks servicing the camp.
Todd Schroeter felt the Town was creating a cluster mess with Citivision
and noted that the noise was out of control. He was not in favor
of this application because it would have a huge impact on the neighbors
and no one was concerned about the ramifications to it. Todd added
that nothing has worked with Citivision, this would be a mistake, and there
was runoff. He suggested the Board members visit the property.
Andrew Fredrick of Hardenburgh Road stated that he did hear amplified sound coming from Citivision. He also wondered what activities, regarding excavation, were happening at the camp. Chairman Shultis suggested that Mr. Fredrick contact the Town’s building dept. to see if there were any outstanding permits. Joseph Pisani stated that everything that has been done on this property was done by filing applications with the Building Dept. and every bit of construction was done in full conformance with all the rules and regulations of the Building Dept. and the Ulster County Dept. of Health. Joe added that every neighbor that was notified of the Public Hearing was invited to come to the camp, look at it, ask questions, and meet with them. He also stated that if anyone ever has any questions or would just like to observe what was going on at the camp, it is always open. Mr. Pisani felt that the matters being brought up are totally irrelevant to the issues that are before the Planning Board tonight.
Roger Sexton of Carney Road also complained about noise and noted that Citivision is not a nice neighbor. He stated that this was already a bad situation, and he was concerned that another building would create more problems; more people, more noise, more traffic. Mr. Sexton was concerned with segmentation also.
Board members Fred Zimmer felt that most of tonight’s complaints were Zoning Board issues and the Planning was not here to address the noise issue. He felt that was an enforcement issue. Chairman Russ Shultis respectfully disagreed. He thought as an overall review of site plan, noise was certainly an issue the Planning Board should take into consideration.
Ann Henderson of 147 Carney Road felt noise was an issue because it impacts her so gravely. At this time, Mrs. Henderson read a letter which was sent to her by Mr. Pisani. This letter stated that he was sorry the former owner of her house did not inform her of what to expect and any noise whatsoever she may be bother by resulted from normal camp activity. They were not in violation of any rules or regulations. In addition, Mr. Pisani indicated that if Ms. Henderson was interested in relocating, he was sure his client, Citivision, would be pleased to entertain a reasonable offer to purchase her house. The letter continued by saying if Ms. Henderson persisted on making these unfounded complaints, he would have no choice but to commence a formal action against her in the Supreme Court. Ms. Henderson stated that Citivision cannot be trusted to obey the laws. She felt if the Board gives them the right to expand, would be a license to kill. Other concerns of Ann Henderson were litter and how Citivision impacts the value of her property. Ms. Henderson suggested giving Citivision a probation period of two years for them to comply, fit into the neighborhood, and contribute in a positive manner before considering any expansion.
J. Owen of Carney Road had a concern about traffic; dump trucks, tour buses, private vehicles. He stated that he would not stand for any increase in this kind of activity. Chairman Shultis noted that the Planning Board had addressed the traffic issue. He stated that this building would not increase the amount of traffic, it is for the current capacity of the kids and faculty that are there. Joseph Pisani confirmed that they are not looking for any enlargement of use and the facility being proposed, the chapel and the inside gym, is for the use of those that are already legally on the premises. There is no expansion of use by virtue of the building that is before the Planning Board for consideration.
Barbara Kalmus of Suominen Lane stated that all winter and spring trees have been taken down at the camp so she too is concerned about noise. She added that even today Citivision is building on the property because you can hear it and she wondered what it was.
Rob Hare of 130 Carney Road noted that this summer, heavy equipment (bulldozer and dump truck) construction started in the woods to the east of his house, and he called the camp’s director to inquire about this, but got no response. Mr. Hare was also concerned with the size of the building being proposed and it being rented out. Joseph Pisani stated that this was a multi-purpose building with a basketball court which required considerable space. He added they will only be using the building for two purposes; for a chapel for religious services for those that are on campus and also, when it is inclement weather, to have basketball inside.
Linda Sexton of Carney Road had a concern with traffic. She also
noted that Citivision offers the basketball camp to other church organizations.
Joseph Pisani stated that was not true.
Stephanie Kotsogiannis, Citivision’s camp director’s wife, noted that their environment is of great concern to her and her husband, and she does want to build relationships with their neighbors. Stephanie stated that she came up here to work with kids because she feels dedicated to giving her life towards that. She explained that a camp and a religious retreat does constitute noise and when children come up 100 at a time, they do come up in a bus. Stephanie noted that she does not plan on living at Citivision for long, she plans on getting her own house in this neighborhood and she would like to be a part of it. Her desire is to work together. Mrs. Kotsogiannis stated that this building would allow for sound proof worship. She also explained that there is no amplified noise of basketball on the weekend because camp ends Friday at 12 o’clock, and they do not come back until 3:00 on Sunday afternoon.
Al Small of Maple St. in Rifton, a commissioner of the Rifton Fire Dept., noted that Carney Road is really tight for emergency vehicles as well as the roads in the site. He noted that they spoke with the previous camp director about making the roads wider.
Barbara Kalmus wondered about the kids that use this camp as well as the proposed building itself. She asked exactly what the multi-purpose building is, what it would be used for, would it be used all-year round, and what was the definition of multi-purpose? Joseph Pisani stated the building would be for a dual purposes, religious services and athletic activities, namely there are several basketball courts that will be in the open room. It will be a year round building which is heated and air conditioned. It will be used to serve the needs of the residence of the facility year round. During the summer, it would mostly be the children from Hoop Heaven and the Wild Wild West. Mr. Pisano thought this building would be used in such a manner to curtail some of the problems some of their neighbors have had with noise emanating from any of the other open buildings on the premises since those activities would now be transferred into this sound proof enclosed building. Joe Pisani added that people would not be coming to the premise to use the building.
An unknown woman had a concern because the capacity of the proposed building would far exceed what was allowed in the camp. She felt the community was being impaired because these people were not bringing forth an open agenda with plans that go into the future, therefore, it is not known what to expect around the corner.
Camp Director Christos Kostsogiannis of 126 Carney Road stated that he was not sure what to respond to since there were no statements or comments made about the building. He did, however, have a comment on the children who attend the camp and how he felt Rifton perceived them. Mr. Kostsogiannis felt that if noise was really the issue, then a covered building that’s winterized should be permitted.
Mr. Severson noted that the children’s camp has existed for some 30 years and there had never been any complaints until Citivision took over.
Mr. Fredricks wondered what the actual ridge height and eaves height of the building was, what the visual impact would be from Route 213, and if there was to be a steeple. Mr. Pisani stated that the height of the building is strictly in conformance with building regulations and zoning laws.
An unknown man asked if the building would be lit at night. Chairman Shultis noted that the building does have exterior lighting which is shown on the plan.
Geo. Coleman of Route 213 asked if an environmental impact study had been done for this application. Chairman Shultis stated an environmental impact statement had been completed and was on file. Miles Putman of Shuster Associates explained that SEQR was unlisted pertaining to this application.
Hector (inaudible) of Route 213 asked what the emphasis was for making
this huge building if they have no plans of growth. He believed there
would be growth and increased traffic in the neighborhood.
It was suggested that Citivision sign an affidavit regarding its membership and a certain amount of people being in the building. Chairman Shultis noted that the facility would have a capacity governed by the Ulster County Health Dept. due to the septic facilities. Joseph Pisani stated that the limit of occupancy was clearly described by the decision of the Zoning Board, its on record and they cannot violate it. He felt this figure was 310-320.
Mrs. Kalmus still had a concern with who the campers are. Mr. Kostsogiannis stated that they are inner-city children from churches. He added that the sheriff had been to the camp 30-40 times this summer and has told him that they did not have to lower any noise because there was no noise. In addition, no complaints were issued until this last time.
RUSS SHULTIS MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD CLOSE THE CITIVISION PUBLIC HEARING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION. MOTION CARRIED BY A 5-0 VOTE.
At this time, a five (5) minute break was taken.
BUNTEN - (2003-007) - 272 Broadway, Port Ewen, NY
Conditional Use Permit
Tax SBL #56.075-2-2
Dan Bunten and draftsman Charlie Wesley were present at this meeting. Mr. Bunten is proposing to operate an auto repair facility within an existing mixed residential-commerical occupancy building. In addition, the owner is proposing to convert the existing frame dwelling into a two family dwelling, creating a total of 3 dwellings on one lot, or a “multifamily” situation. Chairman Shultis called for Planning Board comments. Dennis Suraci asked about the existing utility pole. The applicant indicated that it would be moved. Russ Shultis stated that if one went on site, there is a stake in the northwest corner of the property with the word ‘pole’ written on it and that is where the pole would be situated. John McMichael asked about the lighting. Chairman Shultis indicated that a cut sheet for the light was on file. Charlie Wesley noted that there has been a new development on the lighting since Central Hudson indicated that they would be using the existing lighting fixture that is currently there and just relocate it. Mr. Welsey added that no one has complained about the light up to now. Russ Shultis asked that if there were any complaints due to the repositioning of the light, would the applicant then address that. Mr. Bunten said yes, however, he noted that the existing light is a low profile, shielded fixture that goes away from the houses. Chairman Shultis stated that after an on-site visit, he was wondering if Mr. Bunten would be receptive to the idea of extending the proposed stockade fence to wrap around the corner to hide the proposed parking spots. It was felt this might cause a problem with snow plowing. Landscaping was suggested as an alternative. After some discussion and review of the map, it was agreed that Mr. Bunten would end the fence at a 45 degree angle to create some screening. KATHY WEITZE MADE A MOTION, SECONDED BY JOHN MCMICHAEL , THAT FINDING NO SIGNIFICANT ENVIRONMENTAL IMPACT, THE PLANNING BOARD GRANT APPROVAL FOR CASE #2003-7, FOR AUTO REPAIR SERVICES FOR 272 BROADWAY IN PORT EWEN WITH ONE MINOR ADDITION OF THE PROPOSED SCREENING BEING EXTENDED AT A 45 DEGREE ANGLE ALONG THE NORTHERLY BORDER OF THE PROPERTY. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
Maps would be revised and resubmitted. In addition, Charlie Wesley
indicated that he would put a note on the map about the light being reused
by Central Hudson.
CITIVISION - (2003-004) - 126 Carney Road, Rifton, NY
Site Plan Amendment - New Chapel/Multi-Use Building
Tax SBL #63.003-3-17 & 18
New Camp Director Chris Kotsogiannis and Attorney Joseph Pisani represented the applicant at this meeting. The applicant proposes the construction of a 17,700 sq. ft. chapel and multi-purpose building on the site of the existing Citivision camp in Rifton. Planning Board Member Fred Zimmer noted that most of the public hearing comments had to do with noise and increased traffic. Fred stated that he would like to see a long environmental form completed by the applicant. Kathy Weitze agreed. Fred Zimmer also suggested the Board think about putting a limit on of allowable decibels in the noise category. John McMichael had concerns about the noise issues, i.e. public address systems and loud speakers. He wondered if a noise control plan could be considered as a condition of approval. Fred Zimmer felt maybe the applicant should submit a noise control plan. Kathy Weitze wondered if the Planning Board could impose a noise control plan? Miles Putman felt this question should be referred to Peter Graham, the Planning Board’s attorney, for his opinion. John McMichael also questioned the tree plantings as called for in the last Citivision approval. Chairman Shultis verified that the plantings that were stipulated by the Planning Board were in place. Dennis Suraci asked Joe Pisani what lighting fixtures would be used and if they would have a cutoff shield on it? He also asked if the lights would be on timers and requested that all this information be added to the plans. Joe Pisani agreed to supply this information and if the Board wanted the lights on timer, they would do that too. Kathy Weitze commented that she personally thought the proposed building may solve some of the problems. Fred Zimmer agreed. Chairman Shultis referred to Mr. & Mrs. Hare’s July 31, 2003 letter to Mr. Paul Kellar regarding noise. Russ stated that he thought noise was an issue the Planning Board should address. He also felt the building looked like a game room and questioned the character of the facility, where it was going to lead, and the impact. Chairman Shultis requested that Citivision address the comments and issues that the Planning Board had by submitting materials for next month’s meeting; i.e. the long EAF, the lights on a timer. Russ would also contact the Planning Board’s attorney with questions from the Board concerning this application. It was noted that additional monies may be required to be deposited into the existing escrow account. Dennis Suraci asked that since the number of people in the proposed building and how it is being utilized is an issue, could Citivision’s architect list the number of people that they anticipate for church and how they would be seated on the map as well as the same for the other rooms so the Board could see a maximum head count. John McMichael stated that his conception of a noise control plan would also include locations of loud speakers and microphones. Joe Pisani noted that none are being proposed and none were existing on the exteriors of any building. KATHY WEITZE MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD REQUEST THE APPLICANT PROVIDE THE BOARD WITH A COMPLETED LONG EAF FORM AS IT PERTAINS TO THE CONSTRUCTION OF THE MULTI-PURPOSE BUILDING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
KALMUS - (2003-022) - 69 Suominen Lane, Rifton, NY
Conditional Use Permit - Amateur Radio Tower
Tax SBL #71.001-3-11.21
Mr. & Mrs. Les Kalmus were present at this meeting. Miles Putman of Shuster Associates gave his project review on this case. A copy of the same is on file and a copy was given to the applicant. This application is to allow the construction of a self-supporting, telescoping steel tower that exceeds 50’ in height onto which amateur radio antennas will be installed. Mrs. Kalmas signed the application giving her authorization for the same. Chairman Shultis noted that the building inspector had a concern about the setbacks and the overall height of the tower. Russ will speak with the building inspector regarding this matter prior to the Planning Board’s next meeting. He noted however that this might have an affect on the setbacks required by the Board. JOHN MCMICHAEL MADE A MOTION, SECONDED BY DENNIS SURACI, TO SCHEDULE A PUBLIC HEARING FOR CASE #2003-22 FOR THURSDAY, SEPT. 25, 2003 AT 7:10 PM. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION. MOTION CARRIED.
REFORMED CHURCH OF PORT EWEN, INC. - (2003-019) - 160 Salem
St.; 159 Hasbrouck Ave., Port Ewen,
Tax SBL #56.059-6-5
At this time, Dennis Suraci excused himself from the Board to represent the applicant at this meeting. This proposal is to expand the existing church with a 555 sq. ft. one-story addition on the east side of the church building. It was noted that at the last ZBA meeting, the Reformed Church was granted an area vairance of 8’ on the east side addition as well as a variance for 6,461 sq. ft. of site coverage with the stipulation that there be no further variances on the east side. Miles Putman of Shuster Associates gave his project review. RUSS SHULTIS MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD REFER THIS APPLICATION TO THE ULSTER COUNTY PLANNING BOARD FOR ITS REVIEW. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION. MOTION CARRIED. The ZBA’s public hearing on the Reformed Church was discussed. John McMichael noted that this property was located in the R12 district, not R40 as listed in Shuster’s project review dated July 14, 2003 and revised August 28, 2003. KATHY WEITZE MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD WAIVE HOLDING A PUBLIC HEARING FOR CASE #2003-19, THE REFORMED CHURCH OF PORT EWEN, BASED ON THE FACT THAT A PUBLIC HEARING WAS ALREADY HELD FOR THE ZONING BOARD AND NO ONE CAME TO THE PUBLIC HEARING TO SPEAK OUT NEGATIVELY. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE. Lighting was discussed.
At this time, Dennis Suraci returned to the Board.
YMCA OF KINGSTON - (2003-009) - No action taken; awaiting ZBA decision.
WELLS/GONCE - (2003-024) - 4, 6 & 10 Carney Road, Union Center,
6 Lot Subdivision (Reconfigured Out of 3 Parcels)
Tax SBL #63.003-3-30, 31 & 32
Mr. and Mrs. Wells were present at this meeting. Miles Putman of Shuster Associates gave his project review. A copy of the same is on file and a copy was given to the applicant. The applicants propose the reconfiguration of three existing parcels in the R-40 district into six building lots. Two of the existing lots are developed with one family dwellings. Fred Zimmer felt there was a lot of topography missing and noted that if the applicants didn’t want to put it on the map, they should ask for a waiver. Discussion was had about drainage, storm water management and the existing brook. John McMichael felt that topography would all go together with these issues. He also felt this application should be sent to Nancy Clark of Chazen Engineering for her review. It was noted that a revised map should be submitted showing the stream and drainage ditches on or near Carney Road as well as the bearing and distance for Lot 2 along Carney Road. KATHY WEITZE MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT THE PLANNING BOARD REFER THIS APPLICATION TO CHAZEN ENGINEERING FOR REVIEW TO SEE IF IT NEEDS TO BE REVIEWED AS A SPEDES APPLICATION AND HAVE THE APPLICANT SET UP AN ESCROW ACCOUNT IN THE AMOUNT OF $750 FOR THAT USE. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION. MOTION CARRIED BY A 5-0 VOTE. The referral to Chazen Engineering will not be made until the escrow account has been established with the Town’s Supervisor and a revised map has been submitted.
THORPE/INDELLICATO - (2003-025) - 117 Old Post Road, West Esopus, NY
4 Lot Subdivision
Tax SBL #71.004-4-19
Postponed. No representation.
MARTONE - (2003-27) - 1495, 1501 Main St./Route 213; 1-10 Van Wagner
Road, St. Remy, NY
Minor 3 Lot Subdivision
Tax SBL #63.001-1-4
Carl Sumliner represented the applicant at this meeting. This proposal is for the simple division of 23+ acres with state highway frontage and also split by a user town highway into 3 lots; two of which are vacant. Miles Putman of Shuster Associates gave his project review for this case. A copy of the same is on file and a copy was given to Mr. Sumlimer. It was noted that Lot 3 would need to show a proposed house, well, septic and driveway cut. Mr. Sumliner stated that in his opinion, Lot 3 was not buildable. Discussion was had on this matter. It was the Planning Board’s feeling that developable features for Lot 3 be shown. In addition, it was noted that the road reservation should be shown on the map. Fred Zimmer suggested that where the house is by the road, the reserve area be extended across the street. Chairman Shultis noted that the building dept. informed him that there was a violation of zoning on this property because two houses are not permitted on one lot. He noted that it was the Planning Board’s attorney’s opinion that the Planning Board should not act upon any application that has a violation of zoning code. Russ Shultis noted that according to Carl Sumliner one of the houses would be demolished. Russ suggested that the Planning Board, contractor and the building dept. come to an agreement with some stipulation that states this house comes down before a CO or building permit is given for the proposed house on Lot 1. A note about the demolition would need to be put on the map and a letter of credit should be set up to guarantee the house is demolished. This matter was discussed further. Maps were reviewed. Dennis Suraci felt the Planning Board would be creating a non-conformance by putting a property line down the middle of VanWagner Road. Other options were discussed. Carl Sumliner felt his best option would be to change his proposal to a 2 lot subdivision by eliminating the lot line between Lots 2 & 3 from Route 213 back to Lot 1 thus combining Lot 2 & 3. Mr. Sumliner will also plan to tear down the house between next month’s meeting and any public hearing on a revised submission. Fred Zimmer noted that a road reservation would still need to be shown for VanWagner Road between Lots 1 & 3 as shown on tonight’s proposal or , best case, deed it over to the Town. Mr. Sumliner was told to speak with Art Cross about deeding that portion of VanWagner Road over to the Town. Dennis Suraci suggested that Carl Sumliner recheck the distance between the well and septic on Lot 1because it looked as if the well was downhill.
At this time, Miles Putman of Shuster Associates left the meeting.
SMALL - (Case #2003-028) - 92 & 106 Hardenburgh Rd., Union Center,
3 Lot Subdivision
Tax SBL #63.03-7-12.1 & 13.13
Mr. Small and Todd Schroeter were present at this meeting. The
applicants propose the reconfiguration of two adjacent flag lots in the
R-40 district, totaling close to 65 acres, into three parcels of 49, 8
and 6 acres apiece. The proposal would create two flag lot access
strips abutting one another. Chairman Shultis reviewed Shuster Associates’
project review for this application. A copy of the same is on file
and a copy was given to the applicant.
It was noted that the layout proposes two flag lot access strips adjacent ot each other, and of a length that is clearly over twice the required minimum lot depth for the R-40 District. These two standards, set forth in Section 123-21.D(5) and (6), can be waived by the Planning Board if deemed justified. Todd Shroeter noted that these lots would never been subdivided again. It is a one time deal that would be deed restricted. Board members did not appear to have a problem with the waivers. Todd Schroeter noted that he met with Art Cross, and it was planned to use a shared driveway for the two side by side flag lots. Todd also had a letter from the DEC classifying the stream on the property as Class D. This letter also indicated that water permits were not required. Chairman Shultis requested that Mr. Schroeter provide the Board with copies of the DEC letter as well as Art Cross’ driveway approvals. He also advised Todd Schroeter to put any waiver requests he may have for the Board in writing. It was noted that proposed driveways, wells, septics and houses for each lot would have to be shown.
Presubmission - Willow
No representation at the meeting.
A list of monthly correspondence received by the Planning Board was given to each Board member and reviewed.
Discussion was had regarding Nancy Clark’s letter dated August 28, 2003 about Planning Board Engineering Services. It was noted that the Planning Board did not have a problem with Chazen Engineering continuing to review projects on a referral basis only as well as being free to take on private sector work in the Town of Esopus since Chazen Engineering was willing to provide contact information for alternative firms to potentially review application when Chazen cannot perform the review due to a conflict of interest.
Two (2) ZBA referrals (Haight & Captain Vantastic) were received this month. The Planning Board had no comment on the Haight application. However, regarding the Captain Vantastic application, it was felt that the ZBA should consider conditioning any variance approval so that the applicant must go before the Planning Board for site plan approval as it did with the Butterfield application.
WITH NO OTHER BUSINESS PENDING, JOHN MCMICHAEL MADE A MOTION, SECONDED BY DENNIS SURACHI, TO CLOSE THE MEETING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION. MEETING ADJOURNED.
Kristy L. Nelson