BOARD MEMBERS PRESENT: Russ Shultis, Chairman
John Mc Michael
Linda Smythe – Excused
Chuck Snyder - absent
ALSO PRESENT: Miles Putman, Shuster Associates, Planning Board Consultant
At 7:00pm, 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 Shultis acknowledged the resignation of Holly Netter and asked her to reconsider. He also asked the board members if they knew of anyone who may consider the position to have them call Diane Mc Cord.
The Planning Board did not have time to review the Minutes of the July 28, 2005 meeting; therefore they will be reviewed at the October Meeting.
A MOTION WAS MADE BY FRED ZIMMER AND SECONDED BY JOHN MCMICHAEL TO ACCEPT ALL VOUCHERS SUBMITTED AND READ. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION. The vouchers submitted and read were as follows:
Shuster Assoc…………………..Monthly retainer……………..$1500
Peter Graham……………………Somerset Escrow...………… $689
Shuster Associates………………Somerset Escrow……………$3240
Clough, Harbour & Associate, LLP…Sommerset Escrow…….$1535
Holly Netter…………………………………………………….23.50 Hours
PUBLIC HEARINGS –
Virginia Barden Case # 2004-23
Russ Shultis discussed the ground rules for the Public Hearing and asked that all questions be directed to the board and not to the applicant.
DENNIS SURACI MADE A MOTION TO OPEN A PUBLIC HEARING FOR THE CLARK CASE #2004-23; FRED ZIMMER Seconded THIS MOTION. ALL MEMBERS WERE IN FAVOR.
Joanne Tubbs of 80 Black Creek Rd., has a driveway that crosses over into the property of lot 2. The pin is in the middle of the road. The Tubbs may want to use the access road at a future time. It was determined that the owners will come to an agreement in writing that the Tubbs will continue to have access to that section of the property. Then if the Tubbs would like to pursue a lot line adjustment, they may do so. Mr. Eisloffel will give up enough of the property to the Tubbs, as long as it does not cost the applicant anything and it does not affect the zoning.
THERE WAS NO ONE ELSE WHO INDICATED THAT THEY WOULD LIKE TO ADDRESS THE BOARD REGARDING THIS APPLICATION
RUSS SHULTIS MADE A MOTION TO CLOSE THE BARDEN PUBLIC HEARING; DENNIS SURACI Seconded THE MOTION. ALL MEMBERS WERE IN FAVOR.
Virginia Barden Case#2004-23
John McMichael questioned if there was Health Department approval.
Mr. Eisloffel, stated that he had talked to Gary Meyers, Health Department
Mr. Meyers said the permit was drafted on June 28, 2005. It usually takes 3-4 months before it is signed. Miles added that it was considered a verbal approval. Last month,
Mr. Eisloffel had also submitted a set of engineering plans that had the Health Departments’ signature on it.
RUSS SHULTIS MADE A MOTION TO GRANT CONDITIONAL FINAL APPROVAL OF THE BARDEN APPLICATION CASE #2004-23, AND RENDER A DETERMINATION OF NON SIGNIFICANCE PURSUANT TO SEQR. AGAIN WITH THE CONDITION THAT THE APPLICANT SUPPLY TO THE BOARD A COPY OF THE DOCUMENTATION TO BE DRAFTED WHICH STATES THE ADJACENT PROPERTY OWNERS, TUBBS’ USE TO THE FARM ROAD AS SHOWN ON THE SURVEYORS MAP. DENNIS SURACI Seconded THE MOTION. ALL MEMBERS WERE IN FAVOR.
Once they submit the signed documentation, the maps will be signed. If the Tubbs want to pursue the lot line adjustment, Mr. Eisloffel would like a termination date on the agreement to ensure this matter is rectified while he is still the owner of the property. Everyone was in agreement.
Aronson Case #2005-12
Dennis Suraci asked to have the record show that he is related to the applicant. However, he does not have any involvement with the project or any monetary involvement with the project. Miles Putnam gave his review. John Steinmire represented the applicant. John Steinmire wanted to discuss the possibility of a variance of the 40 foot setback to have flexibility in the design of the house. After a lengthy discussion it was determined since the house can comply with the 40 foot set back, and there isn’t any hard ship it may not be approved by the Zoning Board and therefore should be built to comply with the proper set backs. Russ expressed his mixed feelings with lot 2. John said the property meets the zoning code. Mile stated that it meets the zoning requirements. However, the Board is allowed some latitude whether the proposal meets the general objectives. Russ asked if he would like to be referred to the ZBA and Mr. Steinmire said no. Applications for all three lots have been submitted for Health Department Approval.
Bellaire Ridge Case # 2005-05
Russ Shultis reviewed the changes to the amended map. Terri Hahn took into consideration the concerns that were discussed at last months meeting regarding the two homes that were off to the lower left hand side of the property. SEQR issues were discussed. The new maps showed the additional right of way extending to the adjacent property. They eliminated the driveway access to Salem Street and the two houses that were behind the neighboring homes. Their goal was to still keep with the 38 lot count. The internal configuration of the road was redesigned, allowing the desired lot count. Roxanne Pecora complimented Bellaire Ridge for their willingness to redesign the development. They have repeatedly listened to the Boards’ comments and redeveloped their plans to try to appease everyone.
TEVAS Case # 2005-20
Dennis Suraci stepped down from the Board for this application due to
his involvement with the TEVAS project. Miles gave his review, a
copy can be found in the file. Joe Pesani represented TEVAS.
Joe Pesani, attorney for TEVAS, also attended the Zoning Board meeting
on Tuesday night and made a presentation to them. They have a Public
Hearing scheduled for October 18, 2005, relative to the front yard set
back variance that they are requesting from the ZBA.
Richard Tompkins of Mauri Associates was also present. The cross street is owned by DOT. A meeting has been scheduled between DOT and Mauri Associates for next week. Fred Zimmer suggested they look at the drainage. Richard Tompkins said he would show a few spot elevations. Russ asked if there was anyway to eliminate the curbing to cut down on the cost. Dennis said they are looking into it. Joe Pesani asked, “If the state is not concerned about curbing, are you concerned about curbing?” Russ replied, “Personally no, that’s why I asked”. Russ asked the Board members for their opinion and they were in agreement if it meant saving TEVAS money they had no problem with eliminating the curbing. Russ asked Miles if this had to go to a Public Hearing, and the reply was that it would be optional to have a meeting. It was determined that a letter of recommendation would be sent to the ZBA to expedite the process. Joe asked since there was a Public Hearing being held for the ZBA, could the Planning Board waive their public hearing. Mr. Pesani was told to put his request in writing. Russ said he would review the minutes of the ZBA meeting and address any concerns with the Board. The Board does reserve the option to waive the meeting. Dennis Suraci had written a letter and asked for a waiver for the contours and proposed grading. It was determined by the board that due to the drainage concerns they would like to see the spot contours and drainage on the map.
Dennis Suraci is now back on the board.
PRESUBMISION – SHETH, SNEHAL 735 Old Post Rd.
The property is 37 acres on Old Post Road. Mr. Sheth is looking to subdivide 10 – 12 acres and put 2 single-family homes on the lots. Russ Shultis reviewed what he was going to need to proceed with his request. He suggested that Mr. Sheth come to the Town Clerks office and purchase a copy of the zoning and subdivision code. Russ also suggested that he review some of the subdivisions on file so he knows what is needed.
* County Hwy and Bridge for the driveway cuts
* Survey Map showing the proposed house, well, driveway, septic with the reserves
· Health department permit.
· This application would require a public hearing
CITIVISION – 80 Carney Road
Joe Pesani, Attorney for Citivision, is selling a parcel 1.1 acre with a house. The person buying that parcel would like an additional 4 acres of land attached to the 1.1 acre piece of property. Mr. Pesani asked if he needed a subdivision or would a lotline adjustment be acceptable. Since he is enlarging an existing lot it was determined to be a lot line adjustment.
TEVAS – as mentioned earlier, Russ will draft a letter.
WITH NO OTHER BUSINESS PENDING, FRED ZIMMER MADE A MOTION, SECONDED BY ROXANNE PECORA, TO CLOSE THE MEETING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION. THE MEETING ADJOURNED AT 8:50PM.
Next Monthly Meeting – October 27 (Agenda Cutoff – October 13, 2005)
Planning Board Secretary