TOWN OF ESOPUS
PLANNING BOARD MEETING MINUTES
September 23, 2004

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

ALSO PRESENT:  Miles Putman, Shuster Associates, Planning Board Consultant
    Mark Rieker, Building Inspector (For a Portion of the Meeting)
 
At 7:01 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

Board Member Roxanne Pecora requested that the Workshop minutes of Sept. 15 reflect the 17 items that are listed in her Sept. 17 letter to Dyno Nobel.  A copy of that letter will be added as part of the Workshop minutes from Sept. 15.  ROXANNE PECORA THEN MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE PLANNING BOARD APPROVE THE AUGUST 26, 2004 PLANNING BOARD MEETING MINUTES AS PREPARED AND APPROVE THE SEPT. 15 WORKSHOP MINUTES AS MODIFIED.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.

Vouchers
A MOTION WAS MADE BY LINDA SMYTHE AND SECONDED BY ROXANNE PECORA TO ACCEPT ALL VOUCHERS SUBMITTED AND READ.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH PASSED BY A 7-0 VOTE.
The vouchers submitted and read were as follows:

 Kristy L. Nelson.................(8/21/04 - 9/17/04).............................................   28.24 Hrs.
 Daily Freeman....................(Hansen Public Hearing)...................................   $ 15.52
 Chazen Engineering...........(Cooper Escrow Acct.).....................................   $297.00
               Chazen Engineering...........(ESP/Fawn Meadows Escrow Acct.)..............   $375.75
 Chazen Engineering...........(ESP/Fawn Meadows Escrow Acct.)..............   $213.75
 Chazen Engineering...........(Komasa Escrow Acct.)...................................   $418.50
 Chazen Engineering...........(Komasa Escrow Acct.)...................................   $105.75

 Chazen Engineering...........(Lighthouse Bluff Escrow Acct.)....................   $  58.50
 Chazen Engineering...........(Mahairas Escrow Acct.).................................   $  45.00
 Chazen Engineering...........(Small Escrow Acct.).......................................  $330.75
 Chazen Engineering...........(Small Escrow Acct.).......................................  $193.50

November/December Planning Board Meetings
Chairman Shultis noted, as discussed at the Sept. 15 Workshop Meeting, that due to the Thanksgiving Holiday falling on the 4th Thursday of the month, the Planning Board’s usual monthly meeting day, the November meeting will be canceled and the Planning Board’s Dec. meeting will be held on Thursday, December 9, 2004.  The submission deadline for the Dec. 9th meeting will be two weeks prior.  (Note:  Submission deadline date will be Wed., November 24 since the two week date would fall on Thanksgiving, Thurs., Nov. 25)

PUBLIC HEARINGS & OLD BUSINESS

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.  KATHY WEITZE MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT THE PLANNING BOARD OPEN UP THE KOMASA PUBLIC HEARING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.  Chairman Shultis then called for public comments.  None were made.  KATHY WEITZE MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD CLOSE THE KOMASA PUBLIC HEARING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.

At this time, Chairman Shultis called for Board comments and questions.  Roxanne Pecora noted that she spoke with Port Ewen Water & Sewer Superintendent Don Kiernan regarding the water and sewer connections.  He told her that the sewer connection that was driving the connection for Sackett St. was more then sufficient and was not an issue.  Roxanne added that Don stated he did not want the connections to come down from Hamilton Court.  John McMichael asked if the Board had the results of Chazen Engineering’s review.  Russ Shultis noted that there was a review from Nancy Clark of Chazen Engineering in Aug. regarding this proposal and in addition, in a phone conversation with Nancy today, she mentioned to Chairman Shultis a concern that the driveway profiles as shown on sheet 2 didn’t show existing and final grades.  Nancy Clark’s letter of Aug. 23 was reviewed.  Russ Shultis asked if the soil types are mentioned on the map.  Mr. Komasa stated that when he spoke with Nancy Clark she just wanted a note on the map that there was a possibility for a high erosion rate so that whoever builds would address the same when they applied for a building permit.  He added that such a note is on Sheet 1.  Dennis saw the note about the erosion control, but did not see the erosion control on the plan.  Fred Zimmer felt there should be some vehicle for the Building Inspector to know that he is going to have to have an erosion control plan prior to issuing a building permit.  Dennis Suraci requested that the silt fence be delineated on the map.  Roxanne Pecora had a concern about the road conveyance near Lot 3 and how the Board can assure this gets done.  She also noted Shuster Associate’s review comment of 9/17/04 regarding the R-12 30’ minimum front yard setback as it relates to Lot 3.  Regarding the road dedication, Miles Putman of Shuster Associates, the Planning Board’s consultant, suggested having an offer of session put on the map.  Miles also suggested a note be put on each building site on the map saying ‘subject to final erosion control plan, see note and see Sheet 2’.  It was agreed that showing the silt fence on the map would be the better solution to handling the erosion control matter.  Dennis Suraci then requested the applicant put rip rap at the end of the blacktop ditch shown on the map.  Mr. Komasa stated that he did not own the blacktop ditch.  Chairman Shultis felt this was a valid issue since it is shown on the map and if construction begins and the ditch is the receiving area for any runoff perhaps the Board can put measures in place whether or not it is Town property to hopefully mitigate any further possible problems.  Russ Shultis will check on this matter.  Discussion was had regarding acting on this application this evening.  Chairman Shultis had a concern about the Board acting on this tonight since the Board did not have any cost estimates for the upgrade of the road (Hamilton Court turnaround).  Mr. Komasa stated that he is giving up property and is, in turn, going to pay to improve the property to the Town standards, but he did not think this should delay him in getting his subdivision approval.   LINDA SMYTHE MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD FIND THIS PROJECT AN UNLISTED ACTION PURSUANT TO SEQR WHICH IS SUBJECT TO A NON-SIGNIFICANT DETERMINATION AND THE BOARD APPROVE THE SUBDIVISION WITH THE FOLLOWING CONDITIONS:

· SILT FENCING BE SHOWN ON THE MAP FOR ALL THREE (3) LOTS FOR EROSION CONTROL
· THE APPLICANT MUST GET A REASONABLE COST ESTIMATE FOR BRINGING THE ROAD, TO BE TURNED OVER TO THE TOWN, UP TO TOWN SPECS.  THIS COST ESTIMATE IS SUBJECT TO THE TOWN HIGHWAY SUPERINTENDENT’S APPROVAL AND THEN THE ESCROW ACCOUNT WILL HAVE TO BE BROUGHT UP TO THAT AMOUNT.
· ALL COMMENTS BY THE PLANNING BOARD’S ENGINEER MUST BE ADDRESSED TO HER SATISFACTION.
· MAP MUST BE REVISED TO SHOW THE PROPER FRONT YARD SETBACKS FOR LOT 3 AS PER SHUSTER ASSOCIATES’ REVIEW OF SEPT. 17.

ALL MEMBERS PRESENT, WITH THE EXCEPTION OF RUSS SHULTIS AND ROXANNE PECORA WHO VOTE NO, WERE IN FAVOR OF THIS MOTION.  MOTION CARRIED BY A 5-2 VOTE.

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.  Jay Levine represented the applicant at this meeting.  KATHY WEITZE MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD OPEN THE PUBLIC HEARING FOR SCENIC HUDSON.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.  Chairman Shultis requested that the record reflect that the following were received and are on file:

· A memo from the Town of Esopus Waterfront Advisory Board dated Sept. 22, 2004 in support of this project.
· A letter from the Town of Hyde Park Planning Board dated Sept. 20, 2004 with comments on the proposal and  a request that a map showing the location of the proposed facility be sent to them.  It was noted that on 9/22/04 a copy of Shuster Associates’ project review dated 9/17/04 was faxed to the Hyde Park Planning Board.

At this time, Chairman Shultis called for audience input.  Paul Patchoras, an adjoining property owner, requested that whatever Scenic Hudson’s proposal is that it not cost him anything directly or indirectly and that it not obstruct or cause any kind of a hardship on his existing right-of-way.  Jay Levine noted that this project was completely south of the Patchoras property, and he can’t image any way in which it would affect the right-of-way.  Maps were reviewed to see where Mr. Patchoras’ property and right-of-way were.  It was noted that Mr. Patchoras’ property was shown on the applicant’s title sheet even though it does not have anything to do with the proposal site before the Planning Board.  The right-of-way is through another abutting tax parcel owned by Scenic Hudson.
Russ Shultis asked Mr. Patchoras if this project, in any way, shape, or form, affect his right-of-way to his piece of property.  Paul Patchoras stated that as the right-of-way exists right now, no.  Chairman Shultis then asked if it was a fair statement that the Planning Board addressed the issue with the right-of-way to his satisfaction.  Mr. Patchoras said yes.  Fred Zimmer requested that Mr. Patchoras’ right-of-way be shown on Scenic Hudson’s first page.  He also wondered about existing gas lines.  Miles Putman of Shuster Associates, the Planning Board’s consultant, noted that, referencing the zoning map, the gas pipe line was several hundred feet away from the site.  Paul Patchoras then asked what the main purpose of this proposal was.  Jay Levine explaned that, as part of the Hudson River Valley Greenway, there is a water trail from Battery Park in Troy, NY to Battery Park in NYC.  This proposal would allow for a place to launch and/or land non-motorized crafts for this water trail.  It would be day use only.  In addition, this proposal is designed to remove from the view shed a somewhat unsightly building.  WITH NO OTHER PUBLIC COMMENTS TO BE MADE, RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD CLOSE THE SCENIC HUDSON PUBLIC HEARING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.

NEXT, RUSS SHULTIS MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD TABLE THIS APPLICATION UNTIL NEXT MONTH BECAUSE THE BOARD HAD NOT RECEIVED THE REVIEW BACK FROM THE ULSTER COUNTY PLANNING BOARD.  Discussion was had.  John McMichael commented that he didn’t have a problem with tabling the application, but he wanted to also put in a requirement to show the right-of-way on the map.  AT THIS POINT, THE MOTION AND SECOND WAS WITHDRAWN.  Dennis Suraci had a question about erosion control.  Mr. Levine stated that essentially the restored shoreline is the erosion control.  Jay Levine also noted that Scenic Hudson will need 2 permits from the Army Corp. of Engineers and 2 from the DEC.  Fred Zimmer, in reviewing the maps, noticed item numbers listed and requested the specifications that correspond with the same.  Mr. Levine agreed and noted that these specifications also list all of the erosion control methods that are going to be employed.  RUSS SHULTIS MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD

· HAVE THE APPLICANT UPDATE THE TITLE PAGE OF THE PLANS TO INCLUDE THE RIGHT-OF-WAY TO THE PATCHORAS PROPERTY ALONG WITH THE WORDING TO THE EFFECT THAT SCENIC HUDSON’S PROPERTY IS SUBJECT TO THE EASEMENT FOR THE PATCHORAS PROPERTY AS CONTAINED IN THE DEED, LIBER 1507, PAGE 123 AND THAT THIS PROJECT WILL IN NO WAY HINDER THE PATCHORAS RIGHT-OF-WAY, AND IN ADDITION,
· THE APPLICANT IS TO PROVIDE TO THE PLANNING BOARD SPECIFICATIONS THAT CORRESPOND TO THE ITEMS ON THE MAP.

ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION.  MOTION CARRIED BY A 7-0 VOTE.

RUSS SHULTIS THEN MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD TABLE THIS APPLICATION UNTIL NEXT MONTH UNTIL THE BOARD RECEIVES THE REVIEW FROM THE ULSTER COUNTY PLANNING BOARD.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.

OLD BUSINESS

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.  Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review for this application.  A copy of the same is on file and a copy was given to Mr. Cutrone.  Maps were reviewed.  Discussion was had regarding the pond.  Mr. Cutrone noted that he, his father, and their engineer discussed the sharing of the pond, and there will be writing in the deed saying the pond cannot be filed in without permission from both parties, a maintenance agreement, etc.  Dennis Suraci requested that rip rap be put at the end of pipes, the new proposed 12” CMT’s.  John McMichael wondered if this had to be forwarded to Nancy Clark of Chazen Engineering regarding stormwater.  Russ Shultis stated that he personally did not think this has to be referred to Nancy since it is less than an acre of disturbance.  John then asked where the pond drains to.  It was noted that the pond drains southwest of the site.  Chairman Shultis then noted that the applicant made mention that the driveway configuration for Lot 2 may change since after walking the land, the way it is currently shown on the map, it seemed more severe than Mr. Cutrone had planned on.  The applicant suggested slightly changing the angle.  Some discussion was had as to whether or not this application was for a subdivision or a lot line adjustment.  ROXANNE PECORA MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD CONSIDER THIS APPLICATION AS A LOT LINE ADJUSTMENT.  ALL MEMBERS PRESENT, WITH THE EXCEPTION OF RUSS SHULTIS WHO VOTED NO, WERE IN FAVOR OF THE MOTION.  MOTION CARRIED BY A 6-1 VOTE.  RUSS SHULTIS THEN MADE A MOTION, SECONDED BY KATHY WEITZE, THAT PURSUANT TO SUBDIVISION CODE 107-16.A, THE PLANNING BOARD DOES NOT HOLD A PUBLIC HEARING ON THIS APPLICATION.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.  NEXT, RUSS SHULTIS MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD FIND A NEG DEC PURSUANT TO SEQR ON THIS APPLICATION AND GRANT CONDITIONAL FINAL APPROVAL WITH THE FOLLOWING CONDITIONS:

· A LEGEND IS CREATED ON THE MAP THAT SHOWS THE LOT LINES TO BE DELETED, THE PROPOSED NEW LOT LINE, AND THE CONTOUR LINES;
· THE MAP IS TO REFLECT A RIP RAP AREA ON THE OUTLET OF THE PROPOSED 12” CORRUGATED METAL PIPE WHICH IS SHOWN ON THE MAP FOR THE PROPOSED DRIVEWAY; AND
· THE MAP REFLECT THE AMENDMENT TO THE PROPOSED DRIVEWAY THAT THE APPLICANT WISHES TO SHOW THE PLANNING BOARD.

ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION.  MOTION CARRIED BY A 7-0 VOTE.

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.  Mr. & Mrs. Heissenbuttel and Mr. North were present at this meeting.  Miles Putman of Shuster Associates gave his project review.  A copy of the same is on file and a copy was given to the applicant.  Chairman Shultis requested that the record reflect that the following correspondence was received:

· A copy of a letter dated 8/16/04 from B. Winne III to D. Terpening regarding the ownerships of tax parcel 71.001-4-3.
· A letter from the Rifton Fire Dept. to the Planning Board dated 9/8/04 regarding a review of the property for proposed driveways relative to Firematic Activity and Equipment Access.
· A memo dated 8/29/04 from Sandra & Robert Peterson to the Planning Board stating they do not oppose the proposed subdivision.
· A memo dated 8/29/04 from Christopher & Tracy North to the Planning Board stating they do not oppose the proposed subdivision.

All letters were read into the record and copies of the same are on file.  Maps were reviewed.  Dennis Suraci had a concern about the driveway slopes.  He suggested a note be put on the map that the driveways will not be over the 10-12 percent slope.  George Heissenbuttel stated that he would like to request a waiver from that provision of the subdivision code.  It was suggested that request be put in writing.  Mr. Heissenbuttel did present a written waiver request for Lot 2B.  Dennis Suraci also requested that house elevations (finish floor basement) be put on the map.  John McMichael pointed out and agreed with Miles Putman’s comment in his project review that since this is very rocky land, the Board may want to consider seeking Health Dept. approvals.  Regarding this matter, Mr. Heissenbuttel noted that the lots are all substantial in size and all the distances indicated on the maps are considerable as far as setbacks from any other property.  He also stated that the topography of the land where the housing sites and septic areas are designated are basically level or in a slight depression and, therefore, would not have an impact on any adjacent properties.  It was noted, at this point, that the applicants have no intent to put any housing on at least two of the lots.  FRED ZIMMER MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT THE PLANNING BOARD SEEK BOARD OF HEALTH APPROVAL ON THESE LOTS PRIOR TO FINAL APPROVAL.

 FRED ZIMMER....................................YES  JOHN MCMICHAEL................................YES
 DENNIS SURACI.................................YES  RUSS SHULTIS.........................................NO
 KATHY WEITZE.................................NO  ROXANNE PECORA................................NO
 LINDA SMYTHE.................................NO

BY A 3-4 VOTE, THE MOTION FAILED.

Fred Zimmer requested the applicant show the silt fences around the houses and disturbance calculations.  Mr. Heissenbuttel noted that he did have new maps with that information, but he did not have them in time for this month’s cutoff date.  Discussion was had regarding the road reservation area.  RUSS SHULTIS MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD TABLE ACTING UPON THE REQUEST FOR A WAIVER UNTIL NEXT MONTH BECAUSE THE BOARD DOES NOT HAVE A COMPLETE MAP IN FRONT OF THEM DEPICTING THE PROPOSED DRIVEWAY FOR LOT 2B.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.  Russ Shultis noted that the written waiver request is for Lot 2B, but there is also a concern about the driveway for Lot 3.  Russ asked the applicant to amend the written waiver to include Lot 3.  It was agreed to wait on this request until new maps are provided showing the finished floor elevations.  RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD HAVE THE APPLICANT AMEND THE MAPS TO INCLUDE:

· A ROAD RESERVATION AREA FOR LOT 2B WHERE IT INTERSECTS HARDENBURGH ROAD;
· THE MAP SHOULD INCLUDE THE LOCATION OF SILT FENCING AS IT PERTAINS TO THE AREA OF DISTURBANCE;
· THE MAP SHOULD INCLUDE THE WORDING NOTED IN SUBDIVISION CODE 107-29(13) WHICH STATES ALL LOTS ARE SUBJECT TO APPROVAL BY THE ULSTER COUNTY HEALTH DEPT.  ON SITE SEWAGE DISPOSAL SYSTEMS;
· THE MAPS ARE TO INCLUDE THE FINISHED FLOOR ELEVATIONS FOR ALL THE PROPOSED HOUSES; AND
· THE SURVEYOR IS TO AMEND THE MAP TO CORRECT THE SITUATION CONCERNING SOPER ROAD AS IT RELATES TO THE CLOSURE AT THE END OF THE PROPERTY.

ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.  Chairman Shultis noted that the applicants are aware that there is a chance that when they go to get the lots approved by the Health Dept., there could be some problems which may impact this application.  It was noted that the Oct. Planning Board meeting is scheduled for Oct. 28 and the submission deadline for that meeting is Oct. 14.
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

Chairman Shultis noted that this application was placed on tonight’s agenda as a carry over from the Planning Board’s Workshop Meeting of Sept. 15th.  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.  Russ Shultis stated that at last week’s Planning Board Workshop Meeting, at which the Board’s attorney was present, the question imposed to him that was brought to the Board last month was what, if any, implications the Planning Board has as far as SEQR was concerned since the Board has a number of applications occurring in generally the same location off of Martin Sweedish Road.  It was noted that Peter Graham, the Planning Board’s attorney, felt that it was the Board’s decision to determine whether there is a significant impact caused by these three applications (Carmen, Lerner, and Gordon).  Discussion was had.  It was the general feeling of the Board that there wasn’t any significant impact from the three applications since the Carmen subdivision is way below what the site could be subdivided into and the other two applications don’t have a very large impact at all.  RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT BASED UPON THE OPINION OF THE ATTORNEY FROM THE WORKSHOP, THIS BOARD PURSUE THIS APPLICATION ON ITS OWN MERIT AND THE BOARD NOT REQUIRE A COORDINATED REVIEW WITH THE GORDON AND LERNER APPLICATIONS.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.  Mr. Carmen was advised to establish his escrow account as previously requested.  In addition, he was reminded of the map revisions (road profile, labeling of Lot 24, and a no further resubdivision note) requested at last month’s meeting.  Board of Health approval, recreation fees, road ownership and disturbance calculations were also discussed.  FRED ZIMMER 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 7-0 VOTE.

NEW BUSINESS

VANVELSON - (2004-29) - 113 Esopus Avenue & 314 Union Center Road, Ulster Park, NY
         Minor Subdivision (Reconfigure 2 Lots into 5)
         SBL #63.004-7-36.1 & 38

Surveyor Mike Vetere represented the applicants at this meeting.  The applicants are proposing a configuration of two parcels of land (10 acres) in the R-40 District into 5 lots, a net increase of three.  Two of the proposed lots will have no deeded highway frontage, but will be accessed via a private right-of-way that exists in part already.  Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review for this application.  A copy of the same is on file and a copy was given to Mr. Vetere.  Maps were reviewed.  Kathy Weitze thought it was good that the applicant was separating out two houses that were on one lot.  She also noted that she did not have a problem with extending the existing driveway easement.  Dennis Suraci asked if the 20’ common driveway easement to Lots 4 & 5 could be offset to create 2 driveways each with 10’ on their property.  Mike Vetere noted he did the 20’ easement that way because the existing drive is more northerly of the proposed property line and the property line was created so as to maintain the zoning setbacks.  John McMichael asked about Miles Putman’s comment about an “Open Development Area”.  Miles noted in his project review that Lot 3, in order to be buildable, requires an extension to the right-of-way and an “Open Development Area” designation by the Town Board may be appropriate for this project, but such a designation must be initiated by the owners before the Town Board.  Section 123-21E.3 of the Town Code, pertaining to Open Development, was reviewed.  John McMichael also felt maintenance agreements should be required. Mike Vetere felt this might be a problem since he believed there were some parties involved with the right-of-way that are not part of the subdivision so to try to get them, at this point, to try to sign on might be difficult.  Mike noted that he would, for the next meeting, review and make sure the Board knows who is actually a part of the right-of-way.  Fred Zimmer stated that he was not a big fan of right-of-ways so he would not be voting to extend the right-of-way.  He suggested making it a town road and bring it up to standards.  Mike Vetere stated that as far as turning the existing right-of-way over to the Town, there is an issue because the barn is already encroaching into the 50’ right-of-way so they wouldn’t be able to maintain the zoning setbacks.  Miles Putman stated that would be a pre-existing property encroachment.  Miles then pointed out that with the easement and the proposed easement extension, there is an argument that you have to treat them like streets as far as setbacks go.  He believed there are some non-conforming setbacks on Lots 2 & 4 and also Lots 4 & 5.  Mike Vetere stated that if the sheds become issues, they could be taken down.  It was also noted that Lots 1 & 3 need proposed houses, wells, septics, and driveways shown.  Chairman Shultis advised Mr. Vetere that he would have to have the applicant sign the application for him to act as agent or get a letter from them stating the same.  It was noted that the main issue Mr. Vetere had to take back to his client was a problem with the road to Lots 1, 2, and 3,  in addition to setback concerns.  The Board advised the applicant to also consider the following:

· Since the code does not allow for the creation of a lot not on a mapped street, variances would have to be obtained.
· Per NYS law, the Planning Board does not have to approve a subdivision were a plot is accessed by a right-of-way.  This will be a determination of the Board.
· Look at the possibility of creating a town road to service the lots.
· Address the County Highway Dept. since now, if this proposal goes through, there is the potential for four parcels accessing onto Union Center through the one entry way.  The County’s comments should be obtained in writing.

Chairman Shultis also requested that wells, septics and drives be shown on the lots (2, 4 & 5) with existing houses.  Mike Vetere felt this might be a problem since these are 1800’s buildings.  Contours were also requested.  Mike Vetere asked what the Board’s concensus was regarding septic approval prior to approval.  The Board felt there were too many unknowns at this time to make that kind of determination.  Mike then asked for the Board’s feeling, if they eliminated Lot 3 and make it part of Lot 4, on the issue of the right-of-way.  He noted the only difference then would be serving an additional lot, Lot #1.  Fred Zimmer felt Lot #1 could be accessed from Union Center Road.  Mike Vetere noted that they would try to use the existing driveway to access Lot #1.  It was felt that the applicant or Mr. Vetere should get the the County regarding the driveways.  Fred Zimmer suggested setting up some kind of flagged lots.  Mike Vetere stated he would speak with the applicants and come back with something else.

SCHROETER - (2004-30) - 50/51 Carney Road, Rifton/Union Center (Ulster Park), NY
        Minor 3 Lot Subdivision
        SBL #63.003-7-22.1

The applicants are proposing the division of a 45+ acre vacant tract split by a town highway.  Three lots of close to 5, 6 and 33 acres are proposed.  Engineer John Stinemire represented the applicant at this meeting.  Board Member Dennis Suraci requested that the record show that he is related to the engineer presenting this application, but has no monetary interest or conflict in the same.  Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review of this application.  A copy of the same is on file and a copy was given to Mr. Stinemire.  Maps were reviewed.  RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT PURSUANT TO CHAPTER 71 IN THE TOWN OF ESOPUS, THE PLANNING BOARD HAVE THE APPLICANT ESTABLISH AN ESCROW ACCOUNT IN THE SUM OF $1,500.00.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.  Chairman Shultis noted that he would prepare a letter to the Town Board stating the applicants’ gratuitous conveyance of Carney Road.  He also explained the history/concerns of the Building Dept. regarding the house on Lot #1 which is labeled as being under construction, but did not feel this was an issue for the Planning Board.  Building Inspector Mark Rieker who was present in the audience noted that Mr. Schroeter had a demolition permit to demolish to the sill an illegal structure on the property, but then reconstructed the house to the roof line without a building permit.  Pictures were shown.  Mark stated that this was a concern of his and he would like to issue a building permit for the construction of this building to bring control to this project.  He did not want this man to build a house without a building permit, and he wanted him to build on a lot that is approved by the Planning Board.  Mr. Rieker stated he and the applicants’ engineer are working out building code issues since the concrete in the foundation was tested and failed.  John Stinemire noted that he had core samples taken of the concrete which tested at approximately 2,200 psi, but the prescription requirements of the building code calls for 2,500.  John added that the sample failed the prescriptive section of the code, but noted there is allowance in the code that you can do specific engineering design, and he evaluated the footing and it is his opinion, which he put in writing, that they are more than adequate for the loads.  Dennis Suraci asked Mark Rieker that since this was an old house that was torn down and had a driveway, location, and sat on approx. 45 acres, if the applicants wasn’t in here for a subdivision, would he issue a building permit to him.  Mark said yes, if he gave him a deed with the 45 acres, a plot map, and Health Dept. approval.  Dennis felt what was before the Board was only a proposal so he could build a house on the total acreage.  Chairman Shultis stated that he would get the opinion of the Planning Board’s attorney whether or not an applicant can build on a parcel of property in the process of a subdivision.  Mark Rieker stated that would be fine and if okay, he would issue a building permit for the 45 acres and then the Planning Board could continue on with their process knowing that there is a building there.  Miles Putman added, for the purpose of this application, that he felt it might be helpful to mention that the building permit in question is to follow up on a demolition permit and on going work on this portion of the property; work that started before they even submitted a subdivision application.  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 7-0 VOTE.  It was suggested that the applicant get written driveway approval from the Town Highway Dept. for the lots.

MISCELLANEOUS BUSINESS

Presubmission Conferences - None

 ZBA Referrals

Two Zoning Board of Appeals applications (Spina & Sutton) were referred to the Planning Board for comments.  It was agreed that a comment of ‘The applicant should be held to the code as best as possible’ should be returned on the Spina application and ‘No comment’ returned for Sutton.

Correspondence

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

LaMirage

Board Member Dennis Suraci noted he received a telephone call today from Bill LaRose of the NYS DOT in regards to LaMirage.  Mr. LaRose called the owner of LaMirage to inform him that his application before the DOT had expired and he would have to come in to renew the same.  The owner of LaMirage told Mr. LaRose that he wasn’t going to do the work because he ran out of money.  Mr. LaRose is concerned and wants to make sure the Planning Board is going to follow up and make sure that work is done before a C.O. is issued on the building.  It was noted that to date there is no signed site plan for LaMirage.  The applicant has not met all the conditions of approval.  Discussion was had with Building Inspector Mark Rieker on this matter.  Russ Shultis asked if the Board would be receptive to him preparing a letter that would go to the Building Dept. that it is the opinion of the Planning Board that no C.O’s should be issued for any outstanding building permits at this point in time because of an unsigned site plan.  In addition, the Planning Board feels Mr. Adel and his engineer should come back in front of the Planning Board next month to explain to them his position as far as what he is planning to do and when he is planning to do it.  It was agreed that a letter should be sent to the Building Dept.

At this time in the meeting, Board Member Kathy Weitze left.

Dyno Nobel

With Dyno Nobel being discussed next, Chairman Russ Shultis asked that the record reflect that he was leaving the Board since he was an adjoining property owner.  Board Member Roxanne Pecora brought the Board up to date on this application and noted that the applicant had received her letter stating what the Planning Board was looking for regarding their application.  She then reiterated with Building Inspector Mark Rieker that Dyno Nobel should not get issued any building permits until there’s a signed site plan.

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 10:30 PM.

        Respectfully submitted,

        Kristy L. Nelson
        Secretary