BOARD MEMBERS PRESENT: John McMichael
Russ Shultis, Chairman
EXCUSED: Fred Zimmer
ALSO PRESENT: Miles Putman, Shuster Associates, Planning Board
Consultant (arrived 7:06 pm)
At 7:00 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.
Russ advised the Board that there was a problem with the transcription of the July 28, 2005 Planning Board meeting minutes and they were not available for review at this time.
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 6-0 VOTE.
The vouchers submitted and read were as follows:
Holly Netter…………………………………………………………………21.5 Hrs.
Clough Harbour & Associates LLP…….(Hudson Point Escrow)………….$ 3,765.06
Shuster Associates………………………(monthly consultant fee)………..$ 1,500.00
Shuster Associates………………………(Hudson Point Escrow)…………$ 4,590.00
Daily Freeman…………………………..(Clark Escrow Acct.)……………$ 14.07
Daily Freeman…………………………..(Rizzo Escrow Acct.)……………$ 13.11
No public hearings were scheduled for the August meeting.
BELLAIRE RIDGE – (2005-05) – 263-325 Mountainview Ave./May Park Terr.
Port Ewen, NY
Major 38 Lot Re-subdivision (Amendment to F.M. 1999)
The applicant was not present at this time. The Board decided to return to this application later in the meeting.
BARDEN- (2004-23) – 98 Black Creek Road, Esopus, NY
Minor 2 Lot Re-subdivision (Amendment to F.M. 5893)
The applicant is proposing to re-subdivide a 5.127acre parcel of property. The west side of the property has frontage on Black Creek Road. The east side of the property has frontage along US Route 9W. Miles Putman read his project review for this application. A copy of the review is on file and a copy was given to Kevin Eisloffel. Kevin Eisloffel is the acting agent for the property owner, Dr.Virginia Barden. Kevin stated that he was unaware of any agricultural use restrictions associated with the property. The Board indicated they would like to have this issue researched further. Kevin submitted a driveway cut permit from the Town Highway Superintendent. Kevin also stated he has met twice, on site, with the Ulster Count Health Department and is working with them to obtain a permit for the installation of a septic system. A copy of the septic system design, signed by a representative of the UC Health Department, was presented to the Board. At this time the Board was asked if they had any questions or comments. Chuck Snyder had questions pertaining to the agricultural use issue. Dennis Suraci commented that the area of disturbance, for the proposed driveway, extends onto the adjoining property and asked to have the maps amended to correct this. Russ stated his concerns with the agricultural use restriction and asked to have copies of the property deeds submitted to the Board. JOHN MCMICHAEL MADE A MOTION SECONDED BY LINDA SMYTHE, TO SCHEDULE A PUBLIC HEARING FOR 7:10 P.M. ON SEPTEMBER 22, 2005 WITH THE FOLLOWING CONDITIONS:
- The map is to be amended with the following four corrections
and must be submitted by the September cutoff date. The corrections are:
- (1) The notation, no residence is within 100’ of the proposed septic, should read, no well is within 100’ uphill or 200’ downhill from the proposed septic.
- (2) Silt fence notation and the date for the “EISLOFFEL PROJECT” need to be corrected.
- (3) The driveway disturbance area needs to be corrected.
- (4) The map is to show one calculation for the total disturbance for Lot E1.
- The applicant is to submit copies of the property deeds.
At this time Terri Hahn, representing Bellaire Ridge, arrived.
BELLAIRE RIDGE – (2005-05) – 263-325 Mountainview Ave./May Park Terr.
Port Ewen, NY
Major 38 Lot Re-subdivision (Amendment to F.M. 1999)
Miles Putman talked about the following issues pertaining to this proposed subdivision:
- declaring Lead Agency. Miles also mentioned that Peg Duke, from the
DEC, stated she had not received the Lead Agency paperwork
- the lot line adjustment with the adjoining owner, Wiltshire
- ownership of May Park Terrace
- additional wetland disturbance and the 100’ buffer during the construction of May Park terrace extension
- engineering issues still need to be addressed with Clough Harbour
Terri Hahn stated she would follow up with the DEC concerning the Lead Agency issue. Terri also stated she is willing to put together a list of items for the Board to review prior to SEQRA determination. Comments and questions were then solicited from the Board. Roxanne Pecora asked about the status of the walkway. Terri responded that the school district is willing to accept a deeded portion of the property for the walkway. Terri will follow up with a letter stating that the applicant will bear the cost of construction of the walkway but the school district will be responsible for its maintenance. The next step is to have the school board approve the conveyance. Chuck Snyder commented that he had concerns with the two flag lots, located behind the current residences at the intersection of Mountainview Avenue and Salem Street. Both Dennis Suraci and Russ Shultis had questions about the site distance for the two flag lots. Terri responded that the Town Highway department did not have any site distance concerns along Mountainveiw Aveneue. Terri said a meeting has been scheduled with the Ulster County Highway department to discuss the Salem Street entrance. Russ Shultis also commented on having an additional roadway extension, near lots 18 and 19, to service any future development of the former Spinnenweber property. RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA TO DECLARE THE TOWN OF ESOPUS PLANNING BOARD LEAD AGENCY. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION, WHICH PASSED BY A 6-0 VOTE. The last issue discussed was SEQRA. RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA THAT IN ACCORDANCE WITH CHAPTER 71 OF THE CODE OF THE TOWN OF ESOPUS THE APPLICANT ESTABLISH AN ESCROW ACCOUNT IN THE SUM OF $3500.00. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION, WHICH PASSED BY A 6-0 VOTE. The Board will contact its engineer to address the question on whether or not this application is subject to a full EIS.
WILTSHIRE- (2005-18) – 259 Agnes Street Port Ewen, NY 12466
Lot Line Adjustment
SBL #56.67-6-28 & 56.75-1-56.1
Robert and Mary Jo Wiltshire were present at the meeting. This application
is for a lot line adjustment to correct an encroachment problem. Miles
Putman gave his review. A copy of the review was given to the applicant
and the same is on file. The Board informed the applicants of the items
that needed to be placed on the map. The applicants stated they will contact
their surveyor to make the necessary corrections. Russ read into the record
a letter dated August 17, 2005 from Lewis and Greer authorizing Robert
Wiltshire to act on behalf of Bellaire Ridge for this application.
MURPHY/SCATURRO - (2005-19) – 30 Ulster Avenue Ulster park, NY 12487
Minor 2 lot re-subdivision (Amendment to FM 9006)
Colin Houston, surveyor for the applicants, was present at the meeting.
Miles Putman gave his review. A copy was given to the surveyor and the
same is on file. This property is included in both the R-40 and LI
districts. The surveyor informed the Board that this application is the
result of a NYS Supreme Court ruling involving Murphy and Scaturro. The
Board entered into a discussion concerning the issues with building on
a residential parcel of property that, according to the assessment records,
has a house on it.
Also included in the discussion was the topic of site plan review as it pertains to the LI portion of the property. Roxanne Pecora talked about having an escrow account established to allow Peter Graham to review this and give his opinion. The Board talked about having the applicants choose what the proposed use of the property will be. If the proposed use is residential, the maps will need to show a proposed driveway, house, well and septic area. ROXANNE PECORA MADE A MOTION, SECONDED BY CHUCK SNYDER TO HAVE THE APPLICANT ESTABLISH AN ESCROW ACCOUNT IN THE AMOUNT OF $350.00 THE MOTION PASSED BY A VOTE OF 4-2. THE VOTE WAS AS FOLLOWS:
Roxanne will follow up with the Planning Board’s attorney once the escrow account is established.
HUDSON POINT - (2005-03) – PUD at “Esopus Lakes” site
SBL #64.1-1-1-8, 10, 12, 13, 16, 14 and 25; 2-1, 2 and 13.2
Dan Shuster, Shuster Associates, was present and gave his review of the draft Report to the Town Board by the Esopus Planning Board; Revised Skecth Plan Review of the Hudson Point P.U.D.. Copies of the report are on file. Dan followed up his report by giving a summary of the procedure involved with amending the PUD and asked the Board if they had any changes they wanted to make concerning the report before it is passed along to the Town Board. Questions and comments were solicited from the Board. Linda Smythe mentioned she would like to see more commercial space. Roxanne Pecora stated she wanted to see the affordable housing component of the plan. Roxanne also talked about the issue of condominiums vs. townhouses. She prefers fee simple ownership, no condominiums. Chuck Snyder agreed with Roxanne that the plan should better define the affordable housing component. Chuck stated that the housing mix should reflect the current housing make up of the town. Chuck also had concerns with the southern portion of the property. As is proposed, this property will not be used although he felt this is prime commercial property. Stuart Messinger, the applicant’s engineer, stated that the current DEC wetland regulations hinder the commercial development of this area. Dennis Suraci talked about using the proposed emergency access as a secondary access for the site. John McMichael had a question about the sewer issue and whether or not it had been resolved. Dan Shuster replied that the sewer issue falls within the domain of the Town Board and had not yet been resolved. Russ Shultis stated that he wanted the record to reflect that the report to the Town Board was only a draft and not the final report. Joe Eriole, an attorney for the applicant, concurred with this statement. Russ went on to list a number of items that the Planning Board’s engineer, Pete Lilholt, felt still needed to be addressed. The items are as follows:
- On site parking. Pete would like to see some calculations that compare
the current Town Code parking regulations vs. the proposed parking for
this plan. Pete feels, given the proposed design of the streets, there
should be no parking allowed on the street.
- Road ownership. Need to delineate where Town ownership ends and the HOA ownership begins. Also, a section of the main access is over a ROW. Are there any legal issues dealing with this.
- Emergency vehicle access. Making sure emergency vehicles can get in and out, turning radiuses, and comments from the fire department.
- Permitted uses of the commercial space and public space.
- Access to Esopus Lake. Will it be private or public?
- Provisions for outside activities. What types, i.e. basketball courts, baseball, trails, gazebos etc. Who owns them, who has access to them and who maintains them.
- Buildout area buffer zones. Pete feels there should be a minimum 75’ no disturbance/no cut buffer area.
- Site topography. Slopes in excess of 15%. The amount of area that contains slopes greater than 15% should be noted.
- Solicit comments from the Port Ewen Water and Sewer department.
Linda Smythe commented that she loved the visual impact report that
was submitted. The Board then talked about submitting the report to the
Town Board. Dan Shuster stated that he would amend the report based upon
the comments and concerns the Board discussed tonight. The amended report
will include the following items:
- Fee simple ownership
- Affordable housing component
- Secondary access to the site
- The Planning Board is not ready to sign off on this report as its Final Statement of Findings
- Incorporate the engineers comments
RUSS SHULTIS MADE A MOTION, SECONDED BY LINDA SMYTHE TO HAVE SHUSTER ASSOCIATES AMEND THE DRAFT REPORT TO THE TOWN BOARD AND ONCE THOSE REVISIONS ARE MADE, A COPY OF THE REPORT IS TO BE SUBMITTED TO THE TOWN BOARD. THE MOTION PASSED BY A VOTE OF 6-0.
STEFANIS - (2003-26) – 451 Broadway Port Ewen, NY 12466
Auto Sales-Site Plan
Achilles Stefanis was present to explain to the Board that due to NYS Building Code, he must provide a lavatory in the on site office building he is proposing for his auto sales lot. Rob Liebowitz of the Ulster County Planning Board stated to Achilles that he felt the Planning Board could waive this requirement. Dennis Suraci stated that the Planning Board has no authority to override the NYS Building Code. The only agency with this authority is the NYS Division of Codes. Dennis commented that they could issue a variance to this section of the building code. Dennis suggested that Achilles talk to the Esopus Building Inspector to obtain the necessary forms and contact personnel with the State. Achilles then asked if the lot could be used as a display lot only. Russ Shultis said he would contact Miles to discuss this option.
ZBA Referrals - none
WITH NO OTHER BUSINESS PENDING, ROXANNE PECORA MADE A MOTION, SECONDED
BY DENNIS SURACI, TO ADJOURN THE MEETING. ALL MEMBERS PRESENT WERE IN FAVOR
OF THE MOTION. MEETING ADJOURNED AT 9:55 P.M.
Russell Shultis, Chairman