BOARD MEMBERS PRESENT: Roxanne Pecora
Russ Shultis, Chairman
EXCUSED: John McMichael
ALSO PRESENT: Miles Putman, Shuster Associates, Planning Board
Nancy Clark, Chazen Engineering, Planning Board Engineer
At 7:02pm, 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.
Chairman Russ Shultis requested that the following amendments be made to the August 28, 2003 minutes:
· Page 5, Under Citivision, 3rd Paragraph - In the sentence that reads, “He added that they have not been felt guilty of ........”; felt should be found.
· Page 6, Under Citivision, 3rd Paragraph - The first sentence that reads, “Board members Fred Zimmer........”, members should be member.
· Page 7, Under Citivision, 9th Paragraph - The 2nd sentence that reads, “Chairman Shultis stated an environmental impact statement had been completed.....”; Russ explained that he was in error making this statement, he should said, ‘an EAF short form had been completed and was on file’.
ROXANNE PECORA MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THE PLANNING BOARD APPROVE THE MINUTES OF THE AUGUST 28, 2003 PLANNING BOARD MEETING AS AMENDED. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
A MOTION WAS MADE BY KATHY WEITZE AND SECONDED BY ROXANNE PECORA THAT THE PLANNING BOARD 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..........(8/23/03 - 9/19/03)...................................................
Daily Freeman ............(Kalmus Public Hearing)........................................ $ 14.07
Graham, Esq................(Citivision Escrow)................................................. $286.00
Graham, Esq................(7/03-9/03)............................................................... $637.00
Chazen Engineering....(Crane/Matthews)................................................... $310.82
PUBLIC HEARING AND OLD BUSINESS
KALMUS - (2003-022) - 69 Suominen Lane, Rifton, NY
Conditional Use Permit - Amateur Radio Tower
Tax SBL #71.001-3-11.21
At the time of the scheduled public hearing on the Kalmus application, the applicants were not present. It was the Planning Board’s feeling that since this hearing was advertised, the Board should proceed even with the absence of the applicants. RUSS SHULTIS MADE A MOTION, SECONDED BY KATHY WEITZE, TO OPEN THE PUBLIC HEARING FOR THE KALMUS PLANNING BOARD CASE #2003-22. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE. 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. Chairman Shultis called for public input. None was made. ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, TO CLOSE THE KALMUS PUBLIC HEARING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION. This application was revisited under Old Business later in the evening when Mr. Kalmus was present at the meeting.
YMCA OF KINGSTON - (2003-009) - No action taken; still awaiting ZBA decision.
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, Board Member Dennis Suraci, whose firm represents the
applicant, requested that this application be heard later in the meeting.
However, because of the lateness of the meeting, Board Member Kathy Weitze
leaving because she did not feel well, and Dennis Suraci having to excuse
himself from the Board for this application, it was never revisited.
It will be placed back on next month’s Planning Board agenda.
MAGLIATO - (2003-010) - 11-17 Jordan Road, Rodman’s Lane, Ulster Park, NY
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 Roxanne Pecora took over this portion of meeting. While awaiting the arrival of Nancy Clark, the Planning Board’s engineer, and her review on this application, Roxanne Pecora noted for the record, since there was a question last month related to the timeline for Planning Board action, that the Town of Esopus Zoning Code Section 107-17G indicates that the Planning Board is required to take action within 62 days after the public hearing or SEQR action, whichever occurs last. Roxanne then noted that since SEQR had not been acted on, the 62 day timeline had not yet started for this application. Roxanne also noted that she, Nancy Clark and Fred Zimmer looked at the site together. A letter to the Board dated Sept. 20 from Russell Shultis reiterating the points he made at last month’s public hearing regarding this application was read into the minutes. At this time, Nancy Clark arrived at the meeting and reviewed her letter to the Planning Board dated Sept. 25. This letter reviewed Section 107-17.G. of the Town Code regarding the timeline for Planning Board action and noted that there are no mapped NYSDEC and Federal wetlands on this site. It was suggested that the applicant provide a proposed grading plan for wherever disturbance is proposed, driveway profiles, an erosion and sediment control plan, a section detail for the proposed driveways, and a pipe in trench detail for driveway culverts. In addition the vegetation buffer, and road extension need to be shown on the map. The applicant was requested to respond to Nancy Clark’s 9/25 letter in writing item-by-item in order to expedite future review. Applicant Dave Magliato stated that he never agreed to the 50’ vegetative buffer. Board member Dennis Suraci disagreed. He noted that Mr. Magliato agreed to three questions he asked him about; the culvert, the setback for the SDS, and the buffer, but noted that Dave did not agree to the extension. Discussion was had regarding the buffer and road extension. Roxanne Pecora made sure the applicant was aware that the road extension issue was in the Town’s code, the Planning Board has the authority to require the road extension, and one authority this would come under would be public safety. Dave Magliato felt increased traffic should be relevant also. Nancy Clark explained that the road extension that could possibly be required by the Planning Board would be the rectangular piece of land owned by Mr. Magliato that attaches to the end of Jordan Lane and goes back to another piece of property, and would need to be offered for dedication by Dave Magliato to the Town for the town to take over ownership and then in the future, if the other property owner goes to subdivide, there would be the ability to possibly extend the road out to Ulster Ave. ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE APPLICANT BE REQUIRED, IN ACCORDANCE WITH SUBDIVISION CODE 107-20C.1. & 2., TO HAVE PRESERVATION OF NATURAL COVER AND THAT, IN ACCORDANCE WITH SECTION 107-21C.2. & 3. THE CONTINUATION OF THE STREET BEYOND THE BOUNDARIES OF THE SUBDIVISION BE REQUIRED AND BE MET IN ACCORDANCE WITH THE CODE. ALL BOARD MEMBERS PRESENT, WITH THE EXCEPTION OF DENNIS SURACI WHO VOTED NO, WERE IN FAVOR OF THE MOTION. WITH A 3-1 VOTE, THE MOTION NEITHER PASSED NOR FAILED. Dennis Suraci recommended that Mr. Magliato try one more time to go to the adjoining owner to try to come to an agreement on the road extension by possibly having a written guarantee that there would be no through road. He noted he also voted no on the above motion because the public was not made aware that this may at some point become a through thoroughfare. ROXANNE PECORA NEXT MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE APPLICANT BE REQUIRED, IN ACCORDANCE WITH SECTION 107-20C.1. & 2., TO PRESERVE THE NATURAL COVER WITH A 50’ BUFFER ON THE NORTH END AND WEST END OF THE PROPERTY. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE. Kathy Weitze noted, regarding the road extension and a public hearing, that if someone were to extend the road sometime in the future, they would have to come back before the Planning Board which would involve another public hearing at that time. A decision on the road extension matter was tabled until next month’s meeting due to a lack of quorum for a vote one way or the other. Applicant Dave Magliato indicated he would be responding to the other matters in Nancy Clark’s letter.
KALMUS - (2003-022) - 69 Suominen Lane, Rifton, NY
Conditional Use Permit - Amateur Radio Tower
Tax SBL #71.001-3-11.21
Mr. Les Kalmus was present at this meeting. 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. With the meeting being turned back over to Chairman Russ Shultis, it was noted that after visiting the site and viewing digital photos of the tower and rebarb structure to be used as a part of the structural base for the tower, the building inspector no longer had concerns with the tower. Next, Chairman Shultis read an article from ‘Talk of the Town & Topics’, May-June 2003, which noted the FCC is in favor of such applications concerning amateur radio towers. Chairman Shultis asked Mr. Kalmus what type of FCC license he had. Mr. Kalmus indicated he had an amateur extra license, the top license. Russ then asked Mr. Kalmus if he had any need for any commercial use of this tower. Les Kalmus said no and added that was not allowed under his license. ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD APPROVE THE KALMUS APPLICATION, CASE #2003-022, FOR A CONDITIONAL USE PERMIT WITH THE FOLLOWING RESTRICTIONS:
· THE TOWER IS TO BE RETRACTED TO 25’ WHEN NOT IN USE.
· THERE IS TO BE NO COMMERCIAL USE.
ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
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. 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. Nancy Clark of Chazen Engineering, the Planning Board’s Engineer, reviewed her letter to the Planning Board dated Sept. 25, 2003. Nancy suggested that the Board request an erosion and sediment control plan as well as show existing contours and proposed grading. At this time, Mrs. Wells submitted letters dated Sept. 21, 2003 requesting a waiver of any topographic study. Discussion was had on this matter. Nancy Clark noted that the site is relatively flat and in the case of a relatively flat site, there is the option of just providing adequate details and providing silt fencing along the property line to insure that there isn’t the migration of sediment. Chairman Shultis reminded the Planning Board of the Crane/Matthews application. It was his opinion that if this application gets moved to a public hearing for next month and there are a number of complaints and concerns, perhaps then the Planning Board should pursue an erosion and grading plan. Nancy Clark noted that in her experience she hasn’t seen a Planning Board waive topo for two (2) acre lots. She also reminded the Board that the Town of Esopus is a MS4 community; a community that has significant enough drainage improvements where it has been identified as a community that needs to abide by Phase II Stormwater Regs., which raises the bar for the Town of Esopus’ approach to basic stormwater compliance. It was the Planning Board’s feeling that it should hold off on a determination on the waiver request until after a public hearing. ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING ON THE WELLS/GONCE APPLICATION FOR THURS., OCT. 23, 2003, AT 7:10 PM. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
SMALL - (Case #2003-028) - 92 & 106 Hardenburgh Rd., Union Center, NY
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. Via a letter dated Sept. 11, 2003, Mr. Small and Mr. Schroeter requested waivers from the Planning Board for the length of the access strips and for two flag lots side by side. Chairman Shultis noted that he discovered on the map from a previous subdivision involving Lot #3 of this proposal that there was a general note on it, item #1, that stated, ‘No lot shall be subdivided’. Russ felt that the Planning Board should get legal counsel on this to decide whether it can proceed with the proposal that the applicant wants to pursue. The applicant and Mr. Schroeter were in agreement. Todd Schroeter added that when the Small family purchased Lot #3, the restrictions were lifted by the people who originally made them which is noted in the Small’s deed. He also reminded the Board that it was their intention to have a shared driveway with ownership of each house having a strip of land going in so the acreage that Rower and Clark looked to protect would now be forever wild because they would only be putting a driveway through it; there would be no houses on the road front. RUSS SHULTIS MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT WITH THE AGREEMENT OF THE APPLICANT AND PURSUANT TO TOWN OF ESOPUS CODE 71.1, THE APPLICANT ESTABLISH AN ESCROW ACCOUNT IN THE SUM OF $150.00 FOR LEGAL CONSULTATION. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE. Chairman Shultis will consult with the Planning Board’s attorney regarding this application once the escrow account has been established.
LIGHTHOUSE BLUFF - (2003-015) - 240-280 River Road, Ulster Park, NY
Major 7 Lot Subdivision
Tax SBL #64.003-2-12
Two representatives for Lighthouse Bluff were present 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 the applicant. Nancy Clark of Chazen Engineering reviewed her letter dated Sept. 25, 2003, to the Planning Board regarding this case. She noted that she was awaiting the revised drainage report and the sanitary testing, design and details. Lighthouse Bluff’s representative discussed the biologist’s review and noted that they would only be impacting 600 sq. ft. of wetlands. He added that the biologist was unwilling to say, in these pockets, that the orchid didn’t exist. The biologist said it was unlikely, but this can’t be confirm until approximately June. It was noted that an alternative to any culverts would be to put up two (2) small bridges. Maps were reviewed. The representatives did not feel this was a major issue. Nancy Clark did not feel these alternatives would cause a significant impact on her engineering review. It was suggested that Mr. Canino, an adjoining property owner, be contacted for authorization regarding the lot line adjustment involved in this proposal. Miles Putman also suggested the applicant put out feelers to the Town regarding the other conveyance that adjoins Lighthouse Park. Chairman Shultis noted that it has been the procedure of the Planning Board to wait until it has a complete application before scheduling a public hearing. RUSS SHULTIS MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE APPLICANT, PURSUANT TO TOWN CODE 71-1, INCREASE HIS ESCROW ACCOUNT BY $3,000. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-0 VOTE.
ESP LAND DEV., INC. - (2003-008) - 75-77 Ulster Avenue, 1-5; 7-8 Fawn
Meadows Road, Ulster Park, NY
Minor 4 Lot Re-Subdivision
Tax SBL #63.004-3-11.34
A representative of Brooks & Brooks, PC, was present at this meeting
for the applicant. 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 representative. Nancy Clark of Chazen Engineering
then reviewed her letter dated Sept. 25, 2003, to the Board regarding this
case. Nancy noted that many of the June 26, 3004, review comments
had not yet been addressed and a full SWPP study would not be required
for this application, but an erosion and sediment control plan would
be. She also wondered, with regard to the Fawn Meadows Drainage Report from 1991, if Fawn Meadows was a four lot subdivision with the same bounds as the current proposal and were the stormwater maintenance features proposed and analyzed for the Fawn Meadows Subdivision built in conformance with the approved design. The applicant’s representative believed it was a four lot subdivision, but stated he would have to double check the bounds and the stormwater maintenance features. Chairman Shultis asked about the biological study. The representative stated that he had not been successful with this matter. He has tried to contact the DEC regarding their procedure, but hasn’t gotten a response. He also wondered if the Planning Board had the ability to waive such a requirement. Nancy Clark did not believe the Board had the jurisdiction to waive such a study. Kathy Weitze asked about the archaeologist letter. It was noted that the archaeologist’s field survey was 50% complete, and they are anticipating having a report by Oct. 9. Chairman Shultis indicated that at this point the applicant should continue with the engineering review. Nothing can proceed further until the Board is in receipt of the same as well as the DEC’s response and the archaeologist’s response. The applicant’s representative wondered if a public hearing could be scheduled contingent upon them getting in the required items. Chairman Shultis noted that it is usually the Board’s position to go to a public hearing with a completed application. Board members did not feel this application was ready for a public hearing.
CITIVISION - (2003-004) - 126 Carney Road, Rifton, NY
Site Plan Amendment - New Chapel/Multi-Use Building
Tax SBL #63.003-3-17 & 18
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, NY. It was noted that the Planning Board received a letter dated 9/18/03 from their attorney, Peter Graham, regarding questions the Board had regarding this case. A copy of the same is on file and a copy was given to Mr. Pisani. In addition, the applicant submitted a SEQR Full Environmental Assessment Form along with a revised Site Grading/Drainage/Erosion Control & Utilities Plan which addresses the proposed building’s exterior lighting, including the use of timers to shut the lights off at 12:00 midnight. Chairman Shultis noted that on the Full EAF, it indicated that building height would be 43 1/2’ which was a violation of code. Mr. Pisani stated that this was a mistake made by their engineer and amended the form since the building height is to be 32’ 2”. Russ Shultis felt, from the public hearing, the neighbors have legitimate concerns and thought the Board should give consideration to showing, as far as the building goes, what materials the applicant proposes to use to soundproof the building. Russ also had concerns about the size and would like the applicant to consult with the building dept. to determine the capacity for the proposed building so that the Board has an understanding of the number of people this building can house at one time. It was noted that Dennis Suraci requested the capacity information be put on the map at last month’s meeting. Chairman Shultis, in his opinion, felt Citivision was proposing a building that exceeds what is necessary, and he had a concern about the impact of the proposed building since he felt this could extend the 5 week Hoop Heaven summer program. Roxanne Pecora wondered if this could be a year round facility based on the legal decision made by the ZBA. Joseph Pisani suggested the Board review the resolution of the Zoning Board that culminated. He added they are not seeking to extend the use from a summer camp to year round, the summer Hoop Heaven Camp is one of the components of the year round camp facility. Russ Shultis added that he felt the Planning Board certainly had the opportunity and time frame to wait for a decision on the court case current before the Town involving Citivision and a noise concern and how it would affect the Board’s decision on this application. Mr. Pisani responded to Chairman Shultis’ concerns. Dennis Suraci wondered where the stairs went that are shown on the plan. Maps were reviewed. It was the Planning Board’s feeling that it was not prepared to vote on this application as yet and tabled the same until next month. The applicant, for next month, will supply the building’s capacity information as determined by the building dept., the sound proofing material information, and where the stairs go to on the building plan.
With Kathy Weitze not feeling well, she left the meeting at 10:00 pm.
Miles Putman also left.
KOMASA - (2003-23) - 170 Sackett St.; Kline Lane; Hamilton Court, Port Ewen, NY
Minor 3 Lot Subdivision
Tax SBL #56.060-3-9
Mr. Komasa was present at this meeting. The proposal is for 3 building lots between 1/2 and 2/3 of an acre in area apiece. Chairman Shultis reviewed Shuster Associates’ project review for this case. A copy of the same is on file and a copy was given to Mr. Komasa. Shuster’s reviewed suggested getting input from the Planning Board’s Engineer on issues of site disturbance, erosion control and storm water drainage. It was noted that Don Kiernan, Superintendent of the Port Ewen Water & Sewer Dept., reviewed the revised map and no longer had concerns. RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD HAVE THE APPLICANT ESTABLISH AND ESCROW ACCOUNT IN THE SUM OF $1,500 PURSUANT TO TOWN CODE 71.1. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE. Dennis Suraci had a concern with the lot grades and the driveways, particularly with Lot 2, and suggested the applicant look into this matter. It was noted that the engineer may request driveway profiles. In addition, the applicant was advised to consult with the highway superintendent and the sewer and water superintendent and get their comments in writing. The applicant was advised to get a copy of the Town’s subdivision code. 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 4-0 VOTE.
MARTONE - (2003-27) - 1495, 1501 Main St./Route 213; 1-10 Van Wagner
Road, St. Remy, NY
Minor 2 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 2 lots; one of which is vacant. Chairman Shultis reviewed Shuster Associates’ project review for this application. In addition, he noted that a concern regarding this application was that there are 2 houses on 1 lot. A remedy offered for this is a note added to the map that one of the buildings is to be razed. The building dept. has determined that the building to be razed is uninhabitable and needs to be demolished. Mr. Sumliner was asked if the Building Dept. would be requiring a letter of credit be put up to guarantee the demolition of the building. Mr. Sumliner was unsure. Chairman Shultis will look into this matter. Russ then noted that there are building code violations pertaining to this property which also need to be addressed. RUSS SHULTIS MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THE PLANNING BOARD SCHEDULE THIS APPLICATION FOR A PUBLIC HEARING AT 7:20 PM ON OCTOBER 23, 2003 WITH THE FOLLOWING CONDITION:
· AS OF OCTOBER 9 THERE ARE TO BE NO OUTSTANDING ZONING CODE VIOLATIONS OR BUILDING DEPT. VIOLATIONS.
RUSS SHULTIS AND DENNIS SURACI VOTED YES ON THE MOTION WHILE ROXANNE PECORA AND LINDA SMYTHE VOTED NO. BY A 2-2 VOTE, THE MOTION NEITHER PASSED NOR FAILED.
It was the Board’s feeling that they would like a letter from the Building
Dept. that states there are no violations as well as information about
any letter of credit requirements and deadlines pertaining to the building
being demolished. Russ advised Mr. Sumliner to go to the Building
Dept. and tell them that the Planning Board will not be moving on this
application until it sees a letter from Building Dept. that states a demolition
permit has been acquired, which probably would include a bond and a time
limit attached to it.
Discussion was had. ROXANNE PECORA MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THE PLANNING BOARD GRANT SKETCH PLAN APPROVAL AND SCHEDULE A PUBLIC HEARING FOR OCTOBER 23 AT 7:20 PM PROVIDED THAT BY OCT. 9 THE PLANNING BOARD RECEIVES A LETTER FROM THE BUILDING DEPT. INDICATING THAT ALL ZONING AND BUILDING VIOLATIONS HAVE BEEN SATISFIED AND THAT THE BOARD’S CONCERN ABOUT THE RAZING OF THE BUILDING AND WHETHER A LETTER OF CREDIT FOR THE DEMOLITION IS REQUIRED ALONG WITH A DATE OR TIMEFRAME FOR THAT DEMOLITION TO BE ACCOMPLISHED IS SATISFIED. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.
THORPE/INDELLICATO - (2003-025) - 117 Old Post Road, West Esopus, NY
4 Lot Subdivision
Tax SBL #71.004-4-19
Mr. Thorpe was present at this meeting. Chairman Shultis reviewed Shuster Associates’ project review dated Aug. 21, 2003 regarding this application. Charles Thorpe indicated that he would be changing his proposal to a 2 lot subdivision and requested sketch plan approval. An ‘absolutely not’ reply was given. Chairman Shultis advised Mr. Thorpe to go back to the drawing board, get a copy of the subdivision code, and submit revised maps.
STITES-ROBERTSON/ROSS - (2003-29) - 276 Burroughs Drive, West Park,
Site Plan - Accessory Building in Front of House
Conditional Use Permit - Accessory Apt.
Tax SBL #79.002-1-17
Sally Stites-Robertson was present at this meeting. Chairman Shultis reviewed Shuster Associates’ project review for this application. It was noted that since there is to be no kitchen facility in the new living space, the proposed guest space is not a separate dwelling unit. Hence, with the guest space, there will still only be one dwelling unit on the lot; thus no conditional use permit would be required. Chairman Shultis noted that he visited the property and stated without hesitation, there is no other place to put the proposed garage. RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT PURSUANT TO ZONING CODE 123-21.C.5(d)., THE PLANNING BOARD GRANT THE APPROVAL TO LOCATE THE GARAGE AS IT IS PROPOSED ON THE PLAN. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.
SMITH - (Case #2003-30) - 1694 Broadway, West Park, NY
Site Plan Amendment - Parking Expansion
Tax SBL #80.001-3-7
Richard Smith and Charlie Wesley were present at this meeting.
Chairman Shultis reviewed Shuster Associates project review for this application.
A copy of the same is on file and a copy was given to Charlie Wesley.
In response to the project review, Charlie Wesley stated that regarding
the 10’ setback, the parking area was pre-existing before 1995 and Mr.
Smith has owned it since 1988. Mr. Wesley also noted that when the
parking lot was repaved, Mr. Smith actually paved less of what was originally
there and did not go any closer to Route 9W. Charlie stated that
in talking with Miles Putman of Shuster Associates, it was his opinion
that if the parking area was pre-existing, it would not be an issue.
Mr. Welsey did not believe this setback was an issue. Roxanne Pecora
agreed. Regarding landscaping, Charlie Wesley felt landscaping would
interfere with site distances. The proposal
does not include any additional landscaping. Parking requirements were discussed. It was noted that 67 spaces are required and they have 80. Maps will be revised to show abutting landowners. Charlie Wesley presented photometric data. Snow removal was discussed. Maps were reviewed. Dennis Suraci suggested putting in rip-rap at the southeast corner of the parking lot into the swale. Handicapped parking is to also be shown. Dennis then suggested taking out a few parking spaces on the south end of the parking lot so a driving lane would be created for individuals to go around and come back up the other aisle. ROXANNE PECORA MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THE PLANNING BOARD WAIVE HOLDING A PUBLIC HEARING AND REFER THE APPLICATION TO THE ULSTER COUNTY PLANNING BOARD. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 4-0 VOTE.
Presubmission - Rizzo
Mr. & Mrs. Rizzo explained that they have 17 acres with 600’ of road frontage on Union Center Road up from Orchard Hills in between Poppletown Road and Esopus Ave. which they would like to subdivide into 3 lots. Maps were reviewed. Flag lots, road frontage, access and shared driveways were discussed. Mr. Rizzo was advised to review the Town’s subdivision and zoning codes.
One (1) ZBA referral (Vena) was received this month. The Planning Board had no comment on the same.
A list of monthly correspondence received by the Planning Board was given to each Board member and reviewed.
Ulster County Dev. Board
Chairman Shultis noted that the Ulster County Dev. Board will be at the Town Board meeting on Oct. 16 at 7:30 and suggested that Planning Board members try to attend the same.
Dennis Suraci presented a checklist form used by the Town of Highland and wondered if it would be something the Planning Board would like to consider. Dennis will work on revising the same for the Board’s use.
WITH NO OTHER BUSINESS PENDING, ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, TO CLOSE THE MEETING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION. MEETING ADJOURNED.
Kristy L. Nelson