TOWN OF ESOPUS
PLANNING BOARD MEETING
AUGUST 28, 2008 

BOARD MEMBERS PRESENT:   Roxanne Pecora, Chairperson
                                                            Fred Zimmer
                                                            Dennis Suraci
                                                            Michael Minor
                                                            Michael Sprague
                                                            Darin DeKoskie
                                                            Chuck Snyder (arrived 7:10 pm)

ALSO PRESENT:                             Myles Putman, M.L. Putman Consulting

Chairperson Pecora called the meeting of the Town of Esopus Planning Board to order at 7:00 p.m. beginning with the Pledge of Allegiance to the Flag.  Roxanne then advised the public of the building’s fire exits and roll call was taken.

MINUTES:  Board members were asked if there were any changes or corrections to the Minutes of July 24, 2008.

MICHAEL SPRAGUE MADE A MOTION TO APPROVE THE MINUTES OF JULY 24, 2008, SECONDED BY FRED. ALL MEMBERS WERE IN FAVOR.

VOUCHERS:

M.L. Putman Consulting (Stewart’s Shop)……………………………………..$   120.00
Shuster Associates (Sommerset a.k.a. Hudson Point, Esopus Lake)….………...$1,200.00
Clough Harbour & Assoc.(Sommerset a.k.a. Hudson Point,Esopus Lake)……..$1,076.00
Daily Freeman (Public Hearing – Murphy)……………………………………..$     11.16
Daily Freeman (Public Hearing – Stewart’s)..…………………………………..$     11.16
M.L. Putman Consulting (Percivalle – Lead Agency)…………………………..$   520.00
M.L. Putman Consulting (July, 2008)…………………………………………...$2,250.00
April Oneto (secretarial services)………………………………………………...54 ½ hrs.

FRED MADE A MOTION TO APPROVE THE VOUCHERS AS READ, SECONDED BY DENNIS.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED 6-0.

Chairperson Pecora informed the Board and the public present that the agenda was going to shift around tonight to move along the smaller items.

PUBLIC HEARING:

MILES:  Case #2008-09 – Conditional Use Permit (Accessory Apartment) – 174
                 Union Center Road, Ulster Park; SBL: 63.003-4-2

CHUCK MADE A MOTION TO OPEN THE PUBLIC HEARING FOR MILES,   CASE #2008-09, SECONDED BY FRED.  ALL MEMBERS WERE IN FAVOR.

Chairperson Pecora read the copy of the Public Hearing Notice placed in the Daily Freeman.  Copy placed in file. 

Chairperson Pecora asked if there was anyone present who wished to speak on this application.  No one in the audience wished to speak on this application.

FRED MADE A MOTION TO CLOSE THE PUBLIC HEARING FOR MILES, CASE #2008-09, SECONDED BY MIKE M.  ALL MEMBERS WERE IN FAVOR.

NEW BUSINESS:

BENHAM:  Case #2008-19 – Lot Line Adjustment – 166 New Salem Road; 125
                      Eldin Drive; New Salem; SBL: 56.018-1-6 & 11

Catherine Benham present for this meeting.  Myles reviewed M. L. Putman review dated 8/21/08, copy given to applicant and copy placed in the file. 

Mike S. asked Myles if there would be any reason that there would be any controversy regarding this.  Myles did not think there would be.  Ms. Benham stated that this land is a conveyance from property owned by her brother and sister.  Applicant submitted a letter requesting the waiver of the Public Hearing per Section 107-16.A.

FRED MADE A MOTION TO WAIVE THE PUBLIC HEARING ON BENHAM, CASE #2008-19, SECONDED BY DENNIS.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 7-0. VOTE WAS AS FOLLOWS:

Chuck…………………yes
Fred…………………...yes
Dennis………………...yes
Darin………………….yes
Mike S………………..yes
Mike M……………….yes
Roxanne………………yes

MIKE M. MADE A MOTION TO MAKE A DETERMINATION OF NON SIGNIFICANCE PURSUANT TO SEQR AND APPROVE THE LOT LINE ADJUSTMENT FOR BENHAM, CASE #2008-19, CONTINGENT UPON RECEIPT OF SIX PAPER COPIES AND 1 MYLAR SIGNED BY OWNERS,SECONDED BY MIKE S.  ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 6-0.  VOTE WAS AS FOLLOWS:

Chuck……………….yes
Fred…………………yes
Dennis………………yes
Mike M……………..yes
Mike S……………...yes
Darin……………….yes
Roxanne……………yes

OLD BUSINESS:

MILES:  Case #2008-09 – Conditional Use Permit (accessory apartment) – 174
                Union Center Road, Ulster Park; SBL: 63.003-4-2

Applicants Linda & Nicholas Miles and their agent Kurt Sutherland, RA was present at this meeting. Myles reviewed M.L. Putman Review dated 11/22/08, copy given to applicant and copy placed in file. 

Roxanne stated that the Ulster County Referral Response came back with no County impact. 

FRED MADE A MOTION TO APPROVE MILES, CASE #2008-09, CONDI-
TIONAL USE PERMIT, SECONDED BY MIKE M.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 6-0.  VOTE WAS AS FOLLOWS:

Darin…………..yes
Mike S………...yes
Mike M………..yes
Dennis………...yes
Fred…………...yes
Chuck………....yes
Roxanne………yes

Applicant needs to submit three additional maps for signature by Board.

PORT EWEN HOUSING (“The Meadows”):  Case #2006-10 – Major Subdivision

Letter dated 8/6/08 received from Port Ewen Housing requesting that the Board make a motion to increase their Escrow Account and to be able to schedule a meeting with Myles Putman and a couple of Planning Board Members.  Escrow Account is presently down to $94.00.  Discussion took place regarding the amount of the increase.

DARIN MADE A MOTION TO INCREASE THE ESCROW ACCOUNT FOR PORT EWEN HOUSING, CASE #2006-10, BY $7,000.00, SECONDED BY MIKE SPRAGUE.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED 6-0.

BAILER:  Case #2008-10 – Conditional Use Permit (accessory apartment) – 13
                   Fawn Meadows Court, Ulster Park; SBL: 63.004-3-11.342

Ken Bailer present at meeting.  Myles reviewed M.L. Putman Review dated 8/19/08, copy given to applicant and copy placed in file.

Mr. Bailer needs to update the map listing the ZBA decision as listed on M.L. Putman Review, page 2, C-3 and reference ZBA Case #04-15-08-01.

MICHAEL MINOR MADE A MOTION TO SCHEDULE A PUBLIC HEARING FOR BAILER, CASE #2008-10, FOR SEPTEMBER 25, 2008 AT 7:10 PM SUBJECT TO A $200.00 PUBLIC HEARING FEE AND UPDATED MAPS LISTING THE ZBA DECISION AS PER M.L. PUTMAN’S REVIEW, PAGE 2, C-3 AND REFERENCE ZBA CASE #04-15-08-01 AND DATE OF ZBA’S APPROVAL SUBMITTED BY CUT-OFF DATE OF AUGUST 11, 2008, SECONDED BY DARIN.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 7-0.  VOTE WAS AS FOLLOWS:

Fred……………..yes
Dennis…………..yes
Darin……………yes
Mike M…………yes
Mike S………….yes
Roxanne……......yes
Chuck (abstained)

STEWART’S SHOP:  Case #2008-06 – Site Plan – 197-199 Broadway (US Route
                                       9W; State Hwy 310), Port Ewen; SBL: 56.060-5-2 & 3

Chad Fowler was present representing the applicant.  Myles reviewed M.L. Putman Review dated 8/21/08, copy given to applicant and copy placed in file.  Roxanne stated that we received response from the Waterfront Advisory Board dated 7/23/08 stating that they have no objections or comments on this project. 

Roxanne stated that a couple of members of the Planning Board and OUR Planning Consultant met with the applicant on August 5, 2008 and they reached a consensus on direction and agreement on issues from last meeting to bring forth tonight for consideration and approval. 

Myles stated that as a result of that meeting we have plans that appear to address all of the County Planning Board issues raised in their Referral Response dated 7/3/08.

Ulster County Planning Board Recommendations - Required Modifications:

Alternative Layouts:

Mike M. stated that the County wanted to put the fuel pumps in the back and the discussion was that it was an existing site and not really big enough to put the pumps in back and not appropriate to the Stewart’s business.  Ultimately we feel that this is an existing site, definitely an improvement over the existing site and therefore he would support overriding the County on this issue.  Fred does not agree that it is unbuildable but he will support what they have presented.  Other Board members agreed.

DENNIS MADE A MOTION TO OVERRIDE THE COUNTY’S RECOMMENDA- TION ON AN ALTERNATE LAYOUT, SECONDED BY MIKE S.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 7-0.  VOTE WAS AS FOLLOWS:

Chuck………………….yes
Fred……………………yes
Dennis…………………yes
Mike M………………..yes
Mike S………………...yes
Darin………………….yes
Roxanne………………yes

Architectural Elements:

Roxanne stated that the applicant has made changes to the architectural elements of the building so overriding the County is not required.  Architectural elements for the canopy: the applicant has made a significant argument regarding this and as such an override of the County’s recommendation is required.  Mike M. stated that they put a pitched roof on the building and to put a similar roof on the canopy would look peculiar in this situation.  Dennis stated that at the workshop meeting they discussed the advantages of having a  lower pitched roof.  He stated that because of the shape of the canopy it is tough to put a pitched roof on it and they need that shape because of the signage.  If you could tie the   fascias together then at least the buildings would be tied together.  The same trim pieces will be used on the canopy as on the building itself.  Dennis stated that the applicant was going to add a piece on the brick where the brick meets the soffit that would be a little wider.  Chad stated that he increased the fascia from six inches to twelve inches. 

MIKE S. MADE A MOTION TO OVERRIDE THE COUNTY’S RECOMMEND- ATION ON ARCHITECTUAL ELEMENTS FOR THE CANOPY, SECONDED BY MIKE M.  ALL MEMBERS WERE IN FAVOR. MOTION PASSED 7-0.  VOTE WAS AS FOLLOWS:

Chuck…………………..yes
Fred…………………….yes
Dennis………………….yes
Mike M……………..….yes
Mike S…………............yes
Darin…………………..yes
Roxanne……………...yes

Lighting:

Roxanne stated that the County requested that the lighting levels be reduced so that the average level will not exceed a 20’ candle.  Applicant has proposed going from 320 to 250 watt fixtures that are flush.  This is more than a 25% reduction.  This would be a 23.45 candle under the canopy.    Following some discussion among members it was felt that the Board recognizes the lighting comments from the County and the applicant has addressed them and the Board is satisfied with the average candle value of 23.45.

MIKE S. MADE A MOTION TO OVERRIDE THE COUNTY RECOMMEND-
ATION OF NO GREATER THAN A 20 FOOT CANDLE TO THE AVERAGE CANDLE VALUE OF 23.45, SECONDED BY ROXANNE.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED 7-0.  VOTE WAS AS FOLLOWS:

Chuck………………….yes
Fred……………………yes
Dennis…………………yes
Darin…………………..yes
Mike S………………...yes
Mike M………………..yes
Roxanne……………….yes

Pedestrian/Bicycle Access:

The Board is in agreement with the recommendation and the applicant has agreed to provide this.

Noise:

Board is in agreement with the applicant and there is no need to address the noise any further.

Roxanne stated that Sheets S2 and S3 need to note the removal of the existing Schoonmaker driveway as part of the site demolition and construction phasing activities. Canopy lighting shall utilize flat panel lenses and shall not protrude below the ceiling of the canopy.  Prior to the start of site disturbance, the new location of the Schoonmaker driveway shall be approved in writing by the Town Highway Superintendent; and  all NYSDOT approvals need to be in place; and  written agreements are in regarding erosion control and landscaping easements over the Britt parcel with Planning Board copied on these documents. 

Chad stated that he has a written agreement with Stewart’s Shop and Kevin and Carly Larkin regarding the Schoonmaker driveway stating that they would like to build it themselves with Stewart’s paying for the construction.  Chad read this agreement dated 8/28/08 along with a copy of an estimate in the amount of $9,800.00.  Copy of this agreement and estimate were given to the Board and placed in the file.  Fred asked if they have a deeded right-of-way across Stewart’s property now.  Chad stated no and that they never had anything.  This has been informal use for 20+ years.  Chad stated that they realize that if they build it they get permits and deal with the Town and the Highway Superintendent.  Chad also submitted a copy of an agreement with Tammy Glover (Britt) dated 8/28/08.  Chad read this agreement and a copy has been placed in the file.  Chad stated that there is no landscaping on the Britt property. 

Fred stated that they missed a little of the disturbance area where the leader from the building ties in is not included in the disturbance area.  This is actually a catch basin in the back of the building.  Coming across the Britt’s property there is a disturbance area noted on Sheet S6.  Silt fence needs to be put in.  Darin asked if there was a note on the plans regarding the construction of the driveway and when they think this will happen. Chad stated that it should be in the phasing plan.

Roxanne stated that we will need a Landscaping Letter of Credit in the amount of $8,000.00.  The landscaping notation from M.L. Putman Review dated 8/21/08, page 5, e. needs to be put on the print. 

Mike M. commended the applicant for their patience and response the Board, the public and the County’s concerns which probably delayed the project a couple of months.

DARIN MADE A MOTION FOR STEWART’S SHOP, CASE #2008-06, SITE PLAN, MINI-MART RECONSTRUCTION BE APPROVED WITH THE CONDITON THAT A LANDSCAPING LETTER OF CREDIT IN THE AMOUNT OF $8,000.00 BE FILED WITH THE TOWN CLERK, TO COVER THE COSTS OF THE PROPOSED LANDSCAPING AND REVEGETATION, SAID LETTER OF CREDIT TO STAY IN EFFECT FOR AT LEAST ONE YEAR (AFTER THE CERTIFICATE OF OCCUPANCY IS ISSUED, AFTER COMPLETION OF THE LANDSCAPING AND REVEGETATION MEASURES) INCLUDING REPLACEMENT COSTS FOR ANY TREE, SHRUB OR GROUND COVER THAT DIES WITHIN THIS ONE YEAR PERIOD, THE AMENDMENT OF SHEETS S-2 AND S-3 TO NOTE AND DEPICT THE REMOVAL OF THE EXISTING SCHOONMAKER DRIVEWAY AS PART OF THE SITE DEMOLITION AND CONSTRUCTION PHASING ACTIVITIES, PROPOSED CANOPY LIGHTS SHALL UTILIZE FLAT PANEL LENSES AND SHALL NOT PROTRUDE BELOW THE CEILING OF THE CANOPY, ANY AND ALL NYSDOT APPROVALS MUST BE OBTAINED AND PUT IN PLACE, SHEET S-6 THE LAND DISTURBANCE LINE NEEDS TO BE MOVED AND PRIOR TO SITE DISTURBANCE, ALL EROSION AND SEDIMENTATION CONTROL MEASURES SPECIFIED IN THE PLAN SHALL BE IN PLACE.  APPLICANT NEEDS TO SUBMIT 6 PAPER COPIES OF THE PLANS FOR SIGNATURE BY THE PLANNING BOARD.  MOTION SECONDED BY MIKE S.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A 7-0 VOTE.  VOTE WAS AS FOLLOWS:

Chuck………………yes
Fred………………...yes
Dennis……………...yes
Darin……………….yes
Mike S……………..yes
Mike M…………….yes
Roxanne……………yes

HUDSON VALLEY SCHOOLS OF ADANCED AESTHETIC SKIN CARE & OF MASSAGE THERAPY:  Case #2008-18 – Conditional Use Permit – 1723 Broadway
(US Route 9W; State Hwy. 5508), West Park; SBL:    56.018-1-6 & 11

Myles reviewed M.L. Putman Consulting Review dated 8/22/08, copy given to applicant and copy placed in file.   Applicant was represented by John Freeman, Meddenbach & Eggers.

Roxanne stated that Tim Keefe, Building Inspector, responded to the questions about the classification for the school and the parking with a letter dated 8/8/08.   Copy of letter placed in file.  School would be classified under 82.49 Vocational School which is allowed with a Conditional Use Permit.  Parking would require a variance under Section 124-A.2-H.1 for parking in front yard in the R 40 Zone with a total of 61 spaces.

Dennis questioned the square footage for the parking spaces if it was just for the one building or all of the buildings.  John Freeman stated that it would be for all of the buildings and the first floor in the main building.  The upstairs will be used as office space.  Dennis questioned if anyone looked into the septic since there will be a lot of people in the building at one time.  John stated that they have not yet located the septic.  They are trying to do that.  Dennis stated that this will be important and we will need approval from the Health Department.  John stated that they feel they would require closer to 100 parking spaces.  They need 93 parking spaces right now for the morning load.    Possible expansion was discussed.  John stated that the expansion would be to include more students not to build additional structures at this time. 

Darin questioned how they will be able to stay under 1 acre of disturbance with the parking and the septic.  Board members would like to be able to walk the property.  John will look into this. 

John questioned the setbacks from the side of the house.  Tim Keefe stated that Conditional Use Permit Parking needs to be 100’ setback from all property lines.
It was suggested that they keep parking away from the south side because of the neighboring property owner and there is very little vegetation on this side.

Applicant was asked if they have been in contact with NYSDOT.  Letter received from DOT dated 7/17/08, copy placed in the file. 

Discussion took place among the Board members regarding the parking, septic, well and the need for this applicant to go before the ZBA.  It was felt that Mr. Freeman should schedule an appointment for Pre-Submission and go through  the submission modification and supporting documentation that need to be amended as per M.L. Putman Consulting Report dated 8/22/08.  Roxanne stated that we need a new plan since this is incomplete. Mr. Freeman stated that at this point they think the parking is the biggest obstacle.  Mike M. stated that the water and septic are also an important issue that needs to be addressed.   Mr. Freeman thinks that the well will be sufficient.  Applicant was told that the next Pre-Submission is scheduled for September 4, 2008.  Applicant should call the Town Clerk’s Office to schedule an appointment.  Roxanne stated that when they came in for pre-submission it was the applicant and the real estate agent and it was a more conceptual plan.  Normally we would have gone through a lot of the technical questions through pre-submission and you would have been more prepared.  We do not like to see an applicant come in this way and have the Board tear the design apart.  We would rather see you come into pre-submission and give us something that works and that is much further along than this before we put you back on the Planning Board Schedule. 

WILBER:  Case #2008-07 – 2 Lot Subdivision – 1514 Route 213; 27-31 William
                     White Road, St. Remy; SBL: 63.001-1-41

Myles reviewed M.L. Putman Consulting Review dated 8/19/08, copy given to applicant and copy placed in the file.  Dustin Wilber present at this meeting.

Applicant submitted a letter from the Highway Superintendent dated 7/29/08 for the curb cut.  They are waiting for DEC signature and stamp on the maps.  This application appears to be complete and it is time to move it to a Public Hearing.

DENNIS MADE A MOTION TO SCHEDULE A PUBLIC HEARING FOR WILBER, CASE #2008-07, FOR SEPTEMBER 25, 2008 AT 7:20 PM, SECONDED BY DARIN.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 7-0.  VOTE WAS AS FOLLOWS:

 

Chuck……………….yes
Fred…………………yes
Dennis………………yes
Mike M……………..yes
Mike S……………...yes
Darin………………..yes
Roxanne…………….yes

CORRESPONDENCE:

ZBA REFERRALS:    None

MIKE S. MADE A MOTION TO ADJOURN AT 8:30 PM, SECONDED BY ROXANNE.  ALL MEMBERS WERE IN FAVOR.

NEXT MONTHLY MEETING:       WEDNESDAY, SEPTEMBER 17, 2008
                                                            (BULK OF PLANNING BOARD BUSINESS)

                                                            THURSDAY, SEPTEMBER 25, 2008
                                                            TWO PUBLIC HEARINGS AND ESOPUS PUD

                                                            TUESDAY, SEPTEMBER 23, 2008
                                                            WORKSHOP – ESOPUS PUD

DEADLINE DATE:                          SEPTEMBER 11, 2008

NEXT PRE-SUBMISSION:             SEPTEMBER 4, 2008

Respectfully submitted:

 

April Oneto,

Planning Board Secretary