TOWN OF ESOPUS
PLANNING BOARD MEETING MINUTES
August 26, 2004

BOARD MEMBERS PRESENT: John McMichael
    Roxanne Pecora
    Russ Shultis, Chairman
    Linda Smythe
    Dennis Suraci

EXCUSED:   Kathy Weitze
    Fred Zimmer
 
ALSO PRESENT:  Miles Putman, Shuster Associates, Planning Board Consultant
 
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.

Minutes

ROXANNE PECORA MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THE PLANNING BOARD APPROVE THE JULY 22, 2004 PLANNING BOARD MEETING MINUTES AS AMENDED.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.

Vouchers
A MOTION WAS MADE BY ROXANNE PECORA AND SECONDED BY LINDA SMYTHE TO ACCEPT ALL VOUCHERS SUBMITTED AND READ.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH PASSED BY A 5-0 VOTE.
The only voucher submitted and read was as follows:

 Kristy L. Nelson.................(7/17/04 - 8/20/04).............................................   34 Hrs.
 
PUBLIC HEARING & OLD BUSINESS

HANSEN- (2004-017) - 125 Perrine’s Bridge Rd., Perrine’s Bridge area, Town of Esopus, NY
               Conditional Use Permit - 2 Family Conversion
               SBL #71.003-1-21.21

Mr. Hansen was present at this meeting.  He would like to convert a one-family dwelling into a duplex.  BOARD MEMBER LINDA SMYTHE MADE A MOTION, SECONDED BY ROXANNE PECORA, TO OPEN UP THE PUBLIC HEARING FOR FREDERICK HANSEN, CASE #2004-17.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.  Chairman Shultis then called for public input.  None was made.  ROXANNE PECORA MADE A MOTION, SECONDED BY DENNIS SURACI, TO CLOSE THE PUBLIC HEARING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.

Chairman Shultis noted that the Ulster County Planning Board’s referral response for this application was ‘No County Impact’.  Miles Putman of Shuster Associates gave his application review.  A copy of the same is on file and a copy was given to Mr. Hansen.  Board Member Roxanne Pecora asked Mr. Hansen if he had spoken with the Town Highway Superintendent about any potential work to be done near the Town highway.  Frederick Hansen said no and noted that everything is existing and has been in use for the last several years.  Dennis Suraci asked the applicant if he had approached the County Health Dept.  Mr. Hansen said no.  Chairman Shultis questioned the notation on the map labeled ‘Shed to be removed’.  Mr. Hansen stated that notation was on the original map subdivision map, but the shed is still there and is pretty ugly.  It is his intent to remove the same.

ROXANNE PECORA MADE A MOTION, SECONDED BY JOHN MCMICHAEL , TO APPROVE THE HANSEN APPLICATION, CASE 2004-17, FOR A CONDITIONAL USE PERMIT FOR HIS RESIDENTIAL CONVERSION SUBJECT TO:

· FINAL APPROVALS FROM THE COUNTY HEALTH DEPT.
· ANY PROPOSED WORK WITHIN THE TOWN HIGHWAY PROPERTY BE APPROVED BY THE TOWN HIGHWAY DEPT., AND
· THE SHED IS TO BE REMOVED AND AS A RESULT, CORRESPONDENCE WILL NEED TO OCCUR WITH THE TOWN HIGHWAY DEPT.

THIS IS A TYPE 2 ACTION UNDER SEQR AND AN ENVIRONMENTAL DETERMINATION IS NOT REQUIRED.    ALL MEMBERS PRESENT, WITH THE EXCEPTION OF RUSS SHULTIS WHO VOTED NO, WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-1 VOTE.

Mr. Hansen was advised that once the conditions have been met, the Planning Board will sign the site plan.  Chairman Shultis noted that no building permits would be issued until the Building Dept. has a copy of the signed site plan.

OLD BUSINESS

SAMTON - (2004-019) - 60 Suominens Lane, Rifton, NY
   Minor 4 Lot Re-Subdivision
                 SBL #71.001-3-9.111

Mr. Claude Samton was present at this meeting.  Miles Putman of Shuster Associates gave his application review on this case.  A copy of the same is on file and a copy was given to the applicant.  This proposal is for a large residential parcel situated on a dead-end Town Highway to be split into four lots, three of which will consist of vacant land.  Two flag lots are proposed.  Chairman Shultis noted that an escrow account in the sum of $700 was established with the Town Supervisor, but also noted that at last month’s meeting the Planning Board via a motion requested the escrow be established for $750.  Discussion was had regarding driveways, right-of-ways and driveway profiles.  The applicant was asked about driveway cut approvals from the Highway Superintendent.  Mr. Samton noted that he walked the property with Superintendent Larkin and stated the driveways are shown on the map where he wanted them.  However, he had not received anything in writing yet from the Highway Dept.  Dennis Suraci suggested the applicant have more contour lines put on the map by the entrances to the two (2) flagged lots as well as label the existing driveway as such showing access to the existing house.  Dennis then asked if any Health Dept. tests had been done.  Mr. Samton said no.  It was noted also that last month there was some question about the septic setbacks.  Claude Samton stated that this did not come up with the Health Dept.  Miles Putman felt the Board should request a road profile for the driveway on Lot 3 as it is proposed on the map.  Dennis Suraci noted that the driveway to Lot 4 appeared to be narrower than the other driveways.  It was noted that there was a note on the map that says ‘driveways, assuming a 20’ wide disturbance area.  Discussion was had regarding forwarding this application to the Board’s engineer for review.  In concluding, Claude Samton was advised to:

·  get with Highway Superintendent Al Larkin regarding written driveway permit approvals,
·  get with the County Health Dept. concerning the offsets/setbacks of the proposed well and septic to make sure they meet code,
· mark the driveway to Lot 2 as ‘existing driveway’ as opposed to woods road,
· have surveyor place contours where Lots 3 & 4 meet Suominen Road so the Board can gage the slope of that area,
· have surveyor drawn up a driveway profile for the two (2) areas marked on the map so the Board  can see if they meet code or not, and
· after the profile is done, have the surveyor figure out the required disturbance to make it meet the 12% grade and then factor that into the total disturbance calculation.  Once this is done, the Board will determine if it is necessary to forward this application to the Planning Board’s engineer for review.

JOHN MCMICHAEL MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD GRANT SKETCH PLAN APPROVAL TO SAMTON, CASE 2004-19.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.

KOMASA - (2003-023) - 170 Sackett St.; Kline Lane; Hamilton Court, Port Ewen, NY
                  Minor 3 Lot Subdivision
    SBL #56.060-3-9

Mr. Komasa was present at this meeting.  He is proposing a 3 lot subdivision of vacant property.  Miles Putman of Shuster Associates gave his project review for this application.  A copy of the same is on file and a copy was given to the applicant.  At this time, Mr. Komasa submitted revised maps that he just picked up showing the designated area to be deeded to the Town as well as the relocation of the waterline coming up from Sackett St.  Chairman Shultis noted that it was difficult for the Board to get a revised map the night of the meeting and review the same.  Miles Putman agreed especially since he thought the revised map was rushed because the water service line did not show calculations regarding disturbance and the setbacks were not adjusted in accordance with the dedication.  Russ Shultis then noted that the Board received correspondence from the Waterfront Advisory Board dated 8/25/04 with three (3) issues of concern as follows:

1.  Are the four (4) provided with water & sewer connections?

In response to this, Chairman Shultis noted that the application had been reduced from 4 lots to 3 lots, and the 3 lots have water & sewer connections.

2.  Does the Town Highway Dept. determine ownership of the turnaround on Hamilton Court?

Chairman Shultis noted that the Planning Board will address this issue.

3.  Will a stormwater runoff plan be prepared before construction and after completion?

This matter will also be addressed by the Planning Board.

Next, Chazen Engineering’s review dated Aug. 23, 2004 was noted.

Board Member Roxanne Pecora wondered why the Water Superintendent wanted the connection for Lot 3 from Sackett instead of Hamilton Court.  She felt the Board should get an explanation for this.  Roxanne will pursue this matter with Water Superintendent Don Kiernan.  Dennis Suraci questioned the blacktopped path and ditch as shown on the map.  Mr. Komasa was unfamiliar with this.  Miles Putman noted that the path and ditch are on Town property.  The applicant was advised to respond to Shuster Associates’ comments and Chazen Engineering’s comments.  Mr. Komasa then submitted, for the file, copies of the driveway permits.  The same were reviewed, and Chairman Shultis noted that he would talk with Superintendent Larkin regarding clarification of the same and will then speak with the Planning Board’s engineer, Nancy Clark, about the same.  Dennis Suraci wondered if the driveway coming in off of Hamilton Court would interrupt whatever the ditch was draining.  Miles did not think so since he did not see any major grade changes taking place right at the cul-de-sac or where the driveway leads out from the culvert.  Dennis suggested that the applicant check into this with the Highway Superintendent.  Mr. Komasa noted that he and the Superintendent walked right up there and the only thing he pointed out was to make sure that the driveway was placed far enough down so that when the plow comes in they can disperse some of the excess snow over.  Dennis noted that he just wanted to make sure that the applicant was not blocking whatever was trying to be drained by that ditch.  Russ Shultis stated that on the new map submitted this evening where it says .08 acres to be conveyed to the Town of Esopus for highway purposes, the applicant would be responsible for, if this application is approved, bringing it up to Town specs at his expense.  Mr. Komasa asked the Board if it was possible to get a public hearing scheduled.  Discussion was had.  RUSS SHULTIS MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING FOR SEPT. 23, 2004 AT 7:10 PM.  ALL MEMBERS PRESENT, WITH THE EXCEPTION OF ROXANNE PECORA WHO VOTED NO, WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-1 VOTE.

HILL - (2004-020) - 40-52 Floyd Ackert Road, West Park, NY
         Site Plan
         SBL #80.001-4-1

David Hill was present at this meeting.  This proposal is for site plan approval for the conversion of a frame barn into two rental dwellings.  The property is presently developed with a single family residence and accessory buildings.  The addition of two dwellings onto the parcel would create a multifamily dwelling occupancy, a use that is not permitted under the zoning law, and the applicant received a use variance from the Zoning Board of Appeals.
Miles Putman of Shuster Associates gave his application review for this case.  A copy of the same is on file and a copy was given to Mr. Hill.  It was noted that the Ulster County Planning Board’s referral response for this
application was ‘No County Impact’.  ROXANNE PECORA MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THE PLANNING BOARD APPROVE THE HILL CASE 2004-20 FOR A SITE PLAN FOR NEW DWELLING UNITS, WHICH IS A TYPE 2 ACTION UNDER SEQR SO AN ENVIRONMENTAL DETERMINATION IS NOT REQUIRED, SUBJECT TO THE CONDITIONS ESTABLISHED BY THE ZONING BOARD OF APPEALS UNDER CASE 04-20-04-01 DATED JUNE 8, 2004 AND SUBJECT TO THE FINAL APPROVAL FROM THE COUNTY HEALTH DEPT.  ALL MEMBERS PRESENT, WITH THE EXCEPTION OF RUSS SHULTIS WHO VOTED NO, WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-1 VOTE.  Mr. Hill was informed that once he met the conditions of approval, the site plan would be signed and a copy would be forwarded to the Building Dept.  It was noted that no building permits would be issued by the Building Dept. until they have a copy of the signed site plan.

ESP LAND DEV./FAWN MEADOWS - (2003-08) - Major 4 Lot Re-Subdivision w/Deadend Dedicated Street
                      SBL #63.004-3-11.34

It was noted that correspondence was received from ESP Land Development, Inc. dated August 3, 2004 requesting that the Planning Board refrain from taking any action on revoking the preliminary plat and extend their conditional approval because they are still working on their finals.  Chairman Shultis noted that the ESP basically had three (3) conditions to meet related to the preliminary approval.  The applicant has met two of the conditions and is working on the third which involves the creation of a drainage district.  Russ added that Nancy Clark of Chazen Engineering has submitted materials that addresses that issue, and he was hoping that everything can be taken care of to the satisfaction of the Town Board next month so that they can adopt the resolution for the drainage district and then the Planning Board can hopefully be able to vote on final approval at the Board’s Sept. meeting.  RUSS SHULTIS MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THE PLANNING BOARD EXTEND THE PRELIMINARY APPROVAL ON THIS APPLICATION FOR AN ADDITIONAL 90 DAYS.  Dennis Suraci wondered how many times an applicant could request an extension.  Miles Putman noted that the code does not say how many extensions can be requested.  ALL MEMBERS PRESENT, WITH THE EXCEPTION OF LINDA SMYTHE WHO VOTED NO SINCE SHE FELT 180 DAYS SHOULD BE GIVEN, WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-1 VOTE.  At this time, Russ Shultis explained to Linda Smythe that the reason for the 90 day time period, instead of the 180 day time period, was because he wanted to push the Town Board to move on this.

LIGHTHOUSE BLUFF - (2003-15) - Major 7 Lot Subdivision w/ Dedicated Deadend Street (Off of River Road)
                                                              SBL #64.003-2-12

Chairman Shultis noted that a letter dated Aug. 3, 2004 was received from Steve Sparaco of Leonard Jackson Associates requested a 6 month extions of their Preliminary Approval of the Lighthouse Bluff Subdivision to finalize anticipated approvals from the Ulster County Health Dept., Army Corps. of Engineers, and other agencies prior to their submittal for Final Subdivision approval.  RUSS SHULTIS THEN MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD GRANT A 6 MONTH EXTENSION TO THE PRELIMINARY APPROVAL FOR THIS CASE.  ALL MEMBERS PRESENT VOTED IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.  Russ Shultis noted that the reason for the 6 month extension timeframe was because the applicant is dealing with the Army Corps. of Engineers.

SMALL/BOYLE - (2003-028) - 92 & 106 Hardenburgh Rd., Union Center, Town of Esopus, NY
                                                     3 Lot Subdivision from Reshaping 2 Parcels
              SBL #63.003-7-12.1 & 13.13

Mary Parker represented the applicant at this meeting.  This proposal is to reshape 2 parcels into 3 with a shared driveway.  Board members Dennis Suraci requested that the record reflect that he is related to the applicant’s engineer, but has no monetary interest in what is being proposed in this application.  Miles Putman of Shuster Associates gave his project review for this application.  A copy of the same is on file and a copy was given to Mary Parker.  Planning Board Engineer Nancy Clark’s review letter dated Aug. 23, 2004 was discussed.  A copy of the same is on file.  Chairman Shultis added that he did contact Nancy to ask if this required a Stormwater Pollution Prevention Plan and was told it did not.  John McMichael noted that he did not see any well locations on the map and felt the silt fences should be matching the contours of the property or go along them.  Dennis Suraci felt the silt fences as they are shown were okay.  They are just to keep the area of disturbance from washing off, and they cannot always run parallel to the contours.  Linda Smythe had questions on who would own the shared driveway and felt it should be noted on the map as a right-of-way for all three (3) parcels.  Miles Putman stated that since the Board would probably be approving this subdivision with the idea that there is a common driveway and that each lot will not have a separate driveway, he thought that as a matter of standard procedure, the Board should request that the applicant show the bounds of the right-of-way that is being granted and shared amongst the three (3) property owners.  Russ Shultis stated he understood Miles comment, but pointed out to the Board that in the legend on sheet 1 it shows proposed access drive and residential drive with a solid line and that extends all the way up the length of the driveway.  Russ wondered if this addressed Miles concern.  Miles did not believe so.  ROXANNE PECORA MADE A MOTION, SECONDED BY DENNIS SURACI , TO CONDITIONALLY APPROVE THE BOYLE APPLICATION, CASE 2003-28, AND DETERMINE THAT THERE WOULD BE NO ADVERSE ENVIRONMENTAL IMPACT IMPOSED BY THE GRADING PLANS FOR SEQR SO THE BOARD CAN DETERMINE THE ENVIRONMENTAL DETERMINATION IN THAT REGARD, NO ADVERSE IMPACT.  CONDITIONS OF APPROVAL ARE AS FOLLOWS:

· THE FINAL ENGINEERING DRAWINGS BE STAMPED AND SIGNED BY THE PROJECT ENGINEER,
· THE FINAL DRAWINGS SHOW THE LOCATIONS OF THE WELLS ON EACH MAP,
· SHOW ON THE MAP THE RIGHT-OF-WAY COMMON DRIVE (METES & BOUNDS, WIDTH, AND LENGTH FOR EACH LOT) AND A NOTATION THAT THE COMMON DRIVEWAY IS SHARED BY ALL THREE (3) LOTS,
· PROVIDE COPIES OF THE ULSTER COUNTY HEALTH DEPT. APPROVALS FOR THE FILE, AND
· ADDRESS PLANNING BOARD ENGINEER’S COMMENTS TO HER SATISFACTION.

ALL MEMBERS PRESENT, WITH THE EXCEPTION OF RUSS SHULTIS WHO ABSTAINED, WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0-1 VOTE.

Chairman Shultis reminded Mary Parker that once the conditions are met, 5 paper copies and a mylar of the revised map signed in the consent to file block by all property owners involved can be submitted to the Board for signing.  In addition, Russ Shultis advised Mary to make sure the bulk reg. block and Planning Board signature block are provided on the revised maps.

LERNER - (2003-16) - 137 Martin Sweedish Road, West Esopus, NY
                                      Minor 2 Lot Re-Subdivision
                                      SBL #71.003-5-21

Chairman Shultis announced that Lerner requested to be taken off tonight’s Planning Board agenda.

CARMEN - (2004-021) - 180, 181 Martin Sweedish Rd., 131/134 Weston Rd., Town of Esopus, NY
                                           5 Lot Major Re-Subdivision
    SBL #79.003-5-26.1 & 24

James Carmen represented the applicant at this meeting.  A large rural residential parcel split by a Town Highway is proposed to be divided to create five building lots.  Miles Putman of Shuster Associates gave his application review.  A copy of the same is on file and a copy was given to Mr. Carmen.  Chairman Shultis advised Mr. Carmen that due to the scope of the project being proposed, he would be subject to establishing an escrow account as well as the payment of rec fees if approved.  At this time, letters submitted by James Carmen regarding deed restrictions and a waiver request for the access strip length for proposed Lot 3 were reviewed.  Copies of the same are on file.  JOHN MCMICHAEL MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THE PLANNING BOARD GRANT A WAIVER TO ZONING CODE 123-21D.5.  ALL MEMBERS, WITH THE EXCEPTION OF ROXANNE PECORA WHO VOTED NO, WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-1 VOTE.  Chairman Shultis noted that as pointed out by Miles Putman, if it is the applicant’s intent is to have Lot 1 extend across the other side of the street, he should have the map reflect the remaining acreage of Lot 1 to be 43.9 plus the remainder on the other side of the road.  James Carmen noted that it was his intent, regarding the property on the west side of the road, to keep it as part of Lot 1, and he would reflect the same on the map.

Copies of the driveway permits were submitted and are on file.  Next, Chairman Shultis stated that he would have to check into the matter of how the Board should proceed regarding SEQR and evaluating the cumulative effects, if any, of this project and other adjacent projects occurring simultaneously.  James Carmen commented that this area is one acre zoning and one of the reasons why he went to the larger lots was to eliminate any clusters of housing.  He stated it seemed like the Board was going against him designing a more desirable setting.  Russ Shultis stated he was not going against Mr. Carmen.  He would just be checking to see how the SEQR regulations play into this along with the other two (2) pieces of property.  Miles Putman of Shuster Associates stated that part of the SEQR regulations, which requires the Planning Board to take a hard look at any potential environmental issues posed by any application that comes before it, says that in this case, the Planning Board, presumably as lead agency, has to consider cumulative impacts of multiply projects.  Miles explained a case in point that went to court about 10-15 years ago, the Rower/Clark subdivision filed by the Cappalletti re-subdivision.  After reviewing the map further, Roxanne Pecora requested that the lot lines being removed for Tax Lot 24, so it can be incorporated into Lot 5, be labeled as such.  Roxanne also felt some of the information contained in the Mr. Carmen’s letters, i.e. the deed restriction being placed preventing further re-subdivision of Lots 2 through 6, should be noted on the map.  Next, Martin Sweedish Road ownership was discussed.  RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT IN ACCORDANCE WITH TOWN CODE CHAPTER 71, THE PLANNING BOARD HAVE THE APPLICANT ESTABLISH AN ESCROW ACCOUNT IN THE SUM OF $1,000.00.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.

IPE ASSET MANAGEMENT LLC - (2004-09) - 740-770 Old Post Road, West Esopus, NY
                                                                                  Major 7 Lot Re-Subdivision w/Dedicated Deadend Street               SBL #71.002-2-42.2

A representative from Engineer John Stinemire’s office was present at this meeting.  Board members Dennis Suraci requested that the record reflect that he is related to the applicant’s engineer, but has no monetary interest in what is being proposed in this application.  Miles Putman of Shuster Associates gave his application review.  A copy of the same is on file.  It was noted that this application now proposes the re-subdivision of the site into 7 lots, with a town-specification highway of 1,200 feet in length.  Maps were reviewed.  Roxanne Pecora asked if there were any future plans to further subdivide Lot 7.  The engineer’s rep stated that due to restrictions such as the Town’s zoning regulation it would be difficult to further subdivide.  However, he was uncertain of what would be proposed for the future.  Roxanne Pecora felt the Board should request a notation on the map that Lot 7 cannot be subdivided any further.  John McMichael did not feel that was necessary given the Town’s zoning laws.  Discussion was had.  There was also some question about the driveway to Lot 5 going across the forest barrier.  Chairman Shultis believed the deed allows for a driveway to go through the barrier, but will confirm the same.  Driveways off hammerheads were discussed.  It was thought that the driveways to Lots 4 and 7 would not be allowed by the Highway Superintendent as proposed, and it was suggested that the applicant check with Highway Superintendent Al Larkin about the same.  RUSS SHULTIS MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THE PLANNING BOARD GRANT SKETCH PLAN APPROVAL.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.  At this time, because of stormwater pollution prevention, Chairman Shultis noted a 6/23/04 letter from the Sheth’s that discussed their concern about a pond on their property that fills from runoff from the property across the street.  Russ suggested that perhaps the applicant may want to approach the Sheths in the process of their stormwater plan to maybe incorporate the same.

At this time (9.50 pm), a five minute recess was taken.
OLD BUSINESS

REECK - (2004-22) - 317 Swarte Kill Road, West Esopus (Highland), NY
                         Garage in Front of House
           SBL #79.002-1-3.12

Mr. Reeck was present at this meeting.  The Planning Board is being asked, in accordance with Section 123-21C.5.d. to approve a garage location on a large rural vacant parcel since the site chosen by the landowner for the same is closer to the street than the proposed house site.  Chairman Shultis noted that he visited the property which was all staked out.  It was his opinion that because of a wet area behind the proposed garage and the steep slope of the property, the location of the garage was adequate as well as being a couple hundred feet off the road.  Maps were reviewed.  RUSS SHULTIS THEN MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT THE PLANNING BOARD WAIVE THE CODE 123-21C.5.d. AND APPROVE THE LOCATION OF THIS GARAGE.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.

BARDEN - (2004-23) - 99 Black Creek Road, Esopus, NY
                             Minor 2 Lot Re-Subdivision
               SBL #71.004-4-60

Applicant Virginia Barden was present at this meeting.  This proposal is to further subdivide a 5+ acre residential parcel in the R-40 District into 3+ and 2+ acres.  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.  It was suggested that the maps be revised to include a proposed house, well, septic, and driveway for the new lot being proposed as well as show proposed grades and limits of site disturbance, along with any proposed drainage improvements.  Miles also suggested modifying the lot numbering scheme to show division of existing Parcel E into proposed Parcels E-1 and E-2 or Lot 1 and Lot 2.  Access approvals should be secured from the Town and a road reservation area (reservation wording-reserved for street realignment, widening, or maintenance purposes; Subd. Code 107-25B) or deed should be established for Black Creek Road, set 25’ off the pavement centerline of this user highway.  Chairman Shultis then noted, in addition to Shuster Associates review comments, the following would also have to be added to the maps:

· Bulk Reg. Block
· Owners’ Consent To File Block
· Planning Board Signature Block

Russ Shultis also requested that the map title be changed to ‘Subdivision of Lands of Virginia Barden” as opposed to “Map of Survey for Parcel E”.  Chairman Shultis asked if there were any restrictions on the property now from the previous subdivision.  Ms. Barden said no, there are no restrictions.  Russ Shultis then stated that given the location to Black Creek, perhaps the Planning Board should have the Environmental Board and the Waterfront Advisory Board look at this application.

GORDON - (2004-25) - 108 Martin Sweedish Road, West Esopus (New Paltz), NY
                              Lot Line Revisions
                SBL #71.003-33.11 & 33.61

Chairman Shultis announced that the Gordons requested to be taken off tonight’s Planning Board agenda.

CUTRONE - (2004-26) - 13 Ulster Avenue, Ulster Park, NY
                 Minor 2 Lot Subdivision
   SBL #64.003-6-2

Applicant John Cutrone was present at this meeting.  This proposal is for a 10 acre rural residential parcel in Ulster Park having road frontage to be split into two lots.  A common access drive with an easement is proposed.  Mr. Cutrone submitted revised maps that now show wells and septics.  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.  At this time, Chairman Shultis referred to the County Dept. of Highways & Bridges letter dated Aug. 11, 2004 which stated they would allow the existing driveway to be the access for an additional lot in the back and to be advised that, in this case, the County would not require the issuance of a driveway permit prior to a final approval from the Town.  Russ noted that the County, because of the site distance for the proposed Lot 2 in relation to Ulster Ave./Union Center Road, is mandating that these 2 lots be serviced by 1 driveway only, the existing one, as it enters and exits onto Ulster Ave.  Linda Smythe wanted it to be shown that this was a shared driveway, forever.  Roxanne Pecora suggested some sort of maintenance agreement for the future.  Regarding Shuster Associates review comment about the 9 platted building lots from the 1970 approved subdivision, John Cutrone explained that his parents bought 9 lots and the roadway in 1979 and for years they received 10 tax bills.  They never did anything to remove these lines, however, all of a sudden one year they started getting only one tax bill and the tax map changed for whatever reason.  John McMichael felt the 9 lot lines should be removed.  It was felt the lot lines for the 9 lots and road should be shown as dotted lines and labeled ‘lot lines to be removed’ and the new proposed lot lines should be also be labeled as ‘proposed new lot lines’.  Miles Putman also felt it might be useful if the topo from the old plat could be transferred on to the new map.  It was noted that the site location map was missing from the maps submitted this evening by the applicant.  Discussion was had about the pond.  It was suggested that the applicant think about moving the proposed lot line that goes through the pond so that the whole pond is on one lot or the other.  After visiting the site, Russ Shultis commented that he would like to see the current flowerbox/mailbox arrangement moved back because it is somewhat difficult seeing cars coming off of 9W and down Ulster Ave.  John Cutrone noted the flowers were the neighbors, but he would gladly speak with them.  ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE , THAT THE PLANNING BOARD GRANT SKETCH PLAN APPROVAL.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
 
DYNO-NOBEL, INC. - (2004-26) - 161 Ulster Avenue, Ulster Park, NY
                     Site Plan Amendment - Add Magazine Storage
       SBL #63.002-2-1

A site plan amendment is being requested to add on-site storage magazines (six truck trailer modular units and five portable steel magazines).  A magazine is a storage place for the keeping of munitions, explosives, and related materials.  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.  At this point, Chairman Russ Shultis requested that the minutes reflect that he is an adjacent owner to Dyno-Nobel, and he would be recusing himself from this application.  Board Member Roxanne Pecora then took over the chairmanship duties of the Planning Board.  Dennis Suraci asked about the magazine literature discussed during the presubmission conference.  Dyno-Nobel’s rep did have a guide on the construction of the storage magazines, a copy of Code 39, and copies of the magazine certificates.  It was the Board’s feeling that the map needed to be labeled better and include a legend.  The rep also explained that the explosives stored in the magazines are commercial explosives for commerical use which is different than what has been at the plant in the past.  John McMichael asked if the explosives being stored would be manufactured here.  The reply was no, the only thing that would be manufactured in Port Ewen would be electric caps.  Most of the storage is commerical explosives which is shipped in.  Discussion was had about the amount of explosives being stored, distances, and an inadvertent discharge.  Dennis Suraci suggested a legend on the map labeling the type of magazine, dimensions, the quantity being stored, etc.  Dyno’s rep noted the licenses had that information.  Dennis felt that type of information should be shown on the map.  He also wondered how this submission relates to the entire property owned by Dyno-Nobel.  Maps were reviewed.  Roxanne Pecora requested that a Bulk Reg Block and a Planning Board Signature Block be added to the map.  In addition, she asked that the map preparer be identified on the map.  Roxanne Pecora then noted that the Planning Board was in receipt of a letter dated 8/16/04 from Dyno-Nobel authorizing employee Gene Muscary to act on their behalf.

At 11:20 pm, Russ Shultis resumed as Chairman of the Planning Board.

NORTH/HEISSENBUTTEL - (2004-27) - 286/287 Soper Road, West Esopus, NY
                                   Minor 3 Lot Subdivision
                     SBL #71.001-4-3

This proposal is to do a minor 3 lot subdivision of a vacant parcel on the slopes of Schaupeneak Mountain.  The site is traversed by a Town Highway.  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.  Property ownership was discussed.  It was noted that copies of highway permits are on file.  Maps were reviewed.  John McMichael requested the location of the pond be shown on the map.  Russ Shultis asked about the 12” culverts and was told that was what Highway Superintendent Al Larkin wanted.  The Planning Board advised the applicant to submit revised maps showing all lots labeled, the location of the pond, proposed house, well, septic, and driveway locations for all lots, contours, and metes and bounds.  Chairman Shultis noted that in the past, particularly in this area, there have been concerns from neighbors about septics in relation to their wells.  He added that the Planning Board has had the surveyor go back and plot the neighbor’s well and septic and put a 100’ buffer around the applicant’s septic, so the Board could see there was plenty of distance.

SCENIC HUDSON - (2004-28) - 287 River Road, Ulster Park, NY
                               Conditional Use Permit - Park/Rec Facility (Esopus Meadows Point Preserve)
                 SBL #64.003-2-14

The applicant is proposing a substantial change of use on a 26 acre riverfront residential parcel.  The project calls for the removal of a house, adjacent ot the Hudson River, and related improvements, and development of a boat launch/landing (for non-motorized craft), along with other amenities.  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.  Scenic Hudson’s rep explained what the Hudson River Water Trail was and then went into their proposal.  Discussion was had regarding whether or not this application had to be before this Board.  It was noted that Scenic Hudson came before the Planning Board for Black Creek so it was felt the Board and Scenic Hudson should be consistent.  ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE , THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING FOR THE SCENIC HUDSON CASE 2004-28 FOR THURSDAY, SEPT. 23, 2004 AT 7:20 PM.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.  ROXANNE PECORA THEN MADE A MOTION, SECONDED BY LINDA SMYTHE , THAT THE PLANNING BOARD REFER THE SCENIC HUDSON CASE 2004-28 TO THE ULSTER COUNTY PLANNING BOARD, THE WATERFRONT ADVISORY BOARD, AND THE ENVIRONMENTAL BOARD.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION BY A 5-0 VOTE.

MISCELLANEOUS BUSINESS

Presubmission Conference - Vining

Dave Vining explained that he would like to subdivide a 1.2 acre parcel off his parents 5 acre property on Carney Road.  He noted that he had spoken with the Health Dept. and Brinnier & Larios.  The Health Dept. told him where the system would go and that it would have to be an engineered system.  Basic map requirements  (bulk reg. block, Planning Board signature block, consent of file block, proposed and existing wells, septics, house, driveway cuts, etc.) were discussed with the applicant.  Mr. Vining was advised to speak with the Town’s Highway Superintendent about a driveway cut and have topo’s put on his map at 10’ intervals.
 
ZBA Referrals

One Zoning Board of Appeals application (Lattin) was referred to the Planning Board for comments.  Discussion was had regarding parking and landscaping.  Dennis Suraci commented that he did not feel this proposal could be done since the new building code says that when you put a residence in a commercial building, it must be sprinkled.  It was agreed that these comments would be forwarded to the ZBA.

Correspondence

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

Maps - Citivision/Valentine

Valentine & Citivision maps were signed.

Adjournment

WITH NO OTHER BUSINESS PENDING, LINDA SMYTHE MADE A MOTION, SECONDED BY DENNIS SURACI, TO CLOSE THE MEETING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION.  MEETING ADJOURNED AT 12:20 AM.

        Respectfully submitted,

        Kristy L. Nelson
        Secretary