TOWN OF ESOPUS
PLANNING BOARD MEETING MINUTES
October 24, 2002

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
 
At 7:00 pm, Chairman Russ Shultis called the meeting of the Town of Esopus Planning Board to order beginning with the Pledge of Allegiance to the Flag.  Russ then advised the public of the building’s fire exits, and roll call was taken.

Minutes

ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD APPROVE THE MINUTES OF THE SEPTEMBER 26, 2002 PLANNING BOARD MEETING AS WRITTEN.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.

Vouchers
A MOTION WAS MADE BY ROXANNE PECORA AND SECONDED BY KATHY WEITZE 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...................(9/21/02 - 10/18/02)..............................................      17.5 Hrs.
 Daily Freeman......................(Boehmler Public Hearing)..................................      $  13.58
                Daily Freeman......................(Maisch & Baker Public Hearing)......................      $  13.58
 Daily Freeman......................(Sleight Public Hearing).......................................     $  15.04
 Peter Graham Esq.................(07/16/02 - 09/29/02)...........................................      $689.00
PUBLIC HEARING & OLD BUSINESS

SLEIGHT - (2002-012) - 108 Second Ave. @ Parsell Street, Sleightsburgh, NY
   Lot Line Revision
                 Tax SBL #56.044-1-8 & 9

Nancy Sleight was present at this meeting.  LINDA SMYTHE MADE A MOTION, SECONDED BY ROXANNE PECORA , THAT THE PLANNING BOARD OPEN THE PUBLIC HEARING FOR THE SLEIGHT CASE #2002-12.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.   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 applicant.  It was noted that the Zoning Board of Appeals granted variances to Tax Map Parcel 56.044-1-9 which allows for an 85’ lot width and an 11,500 sq. ft. lot area.  Chairman Shultis called for public comments.  There were none.  RUSS SHULTIS MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT THE PLANNING BOARD CLOSE THE SLEIGHT PUBLIC HEARING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.

JOHN MCMICHAEL MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD RENDER A DETERMINATION OF NON-SIGNIFICANCE (NEGATIVE DECLARATION) PURSUANT TO SEQR; AND GRANT PRELIMINARY PLAT APPROVAL; WAIVE SUBMISSION OF A FINAL PLAT AND GRANT CONDITIONAL FINAL PLAT APPROVAL SUBJECT TO SUBMISSION OF A MASTER DRAWING AND PRINTS SIGNED BY THE LANDOWNERS.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.  Nancy Sleight was informed by the Board that she would have to provide them with 2 more paper copies of her map as well as a mylar for signing and that all maps to be signed would have to be signed by all landowners involved in the lot line adjustment.

OLD BUSINESS
STEWART’S - (2001-025) - 197 & 199 Broadway, Port Ewen, NY
                                                Site Plan
         Tax SBL #56.060-5-2 & 3

Postponed until contacted by applicant - variance request denied by Zoning Board of Appeals.

MISCELLANEOUS BUSINESS

ZBA REFERRALS - None

PUBLIC HEARING & OLD BUSINESS

MAISCH/BAKER - (2002-16) - 121 Broadway @ 128-146 Canal Street, Port Ewen, NY
                             2 Lot Subdivision
               Tax SBL #56.052-1-15.1 & 15.2

ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE , THAT THE PLANNING BOARD OPEN THE PUBLIC HEARING FOR THE MAISCH/BAKER APPLICATION, CASE #2002-16.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.  Attorney
Richard Riseley represented the applicant at this meeting.  At this time, Chairman Shultis read into the minutes a memo dated Oct. 23, 2002 from the Town of Esopus Waterfront Advisory Board which stated that they had no comment on the Maisch/Baker proposed project.  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 Mr. Riseley.  Chairman Shultis called for public comments.  None were made.  RUSS SHULTIS MADE A MOTION, SECONDED BY DENNIS SURACI , THAT THE PLANNING BOARD CLOSE THE MAISCH/BAKER PUBLIC HEARING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.

LINDA SMYTHE MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD RENDER A DETERMINATION OF NON-SIGNIFICANCE (NEGATIVE DECLARATION) PURSUANT TO SEQR; AND GRANT PRELIMINARY PLAT APPROVAL; WAIVE SUBMISSION OF A FINAL PLAT AND GRANT CONDITIONAL FINAL PLAT APPROVAL SUBJECT TO SUBMISSION OF A MASTER DRAWING AND PRINTS SIGNED BY THE LANDOWNERS.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.

OLD BUSINESS

SWARTHOUT - (2002-18) - 443 Broadway, Port Ewen, NY
          Site Plan Approval
          Tax SBL #64.001-1-28

Mr. Swarthout was 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 Mr. Swarthout.  Chairman Shultis asked Mr. Swarthout if there would be any proposed lighting for the one (1) display space up near 9W.  Mr. Swarthout said no.  KATHY WEITZE MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING ON THE SWARTHOUT APPLICATION FOR TUESDAY, NOVEMBER 26, 2002 AT 7:10 PM AND REFER THE APPLICATION TO THE ULSTER COUNTY PLANNING BOARD AND THE TOWN OF ESOPUS ENVIRONMENTAL BOARD FOR THEIR REVIEW AND COMMENTS.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.

PUBLIC HEARING & OLD BUSINESS

BOEHMLER - (2002-17) - 734 Old Post Road, West Esopus, NY
      Lot Line Adjustment
      Tax SBL #71.002-2-42.1 & 42.2

ROXANNE PECORA MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT THE PLANNING BOARD OPEN THE BOEHMLER PUBLIC HEARING, CASE #2002-17.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.  Mr. Boehmler was present at this meeting.  Miles Putman of Shuster Associates gave his project review on this application.  A copy of the same is on file.  At this time, Chairman Shultis called for public comments.  Rick Chabot of 719 Old Post Road and Stewart Marks of 774 Old Post Road reviewed the map of the proposal and stated they had no problems with it.  RUSS SHULTIS MADE A MOTION, SECONDED BY JOHN MCMICHAEL , TO CLOSE THE BOEHMLER PUBLIC HEARING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.
ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE , THAT THE PLANNING BOARD RENDER A DETERMINATION OF NON-SIGNIFICANCE (NEGATIVE DECLARATION) PURSUANT TO SEQR; AND GRANT PRELIMINARY PLAT APPROVAL; WAIVE SUBMISSION OF A FINAL PLAT AND GRANT FINAL PLAT APPROVAL.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.  MAPS WERE SIGNED.
 
OLD BUSINESS

VICTORIAN ASSOCIATES/RONDOUT HILLS - (2002-06) - Connelly Road, The Hills, Port Ewen, NY
             Site Plan Amendment - Section D
           Tax SBL #56.051-8-1 and other lots

Chairman Shultis informed everyone that Board Member Roxanne Pecora, Atty. Richard Riseley, Atty. Mike Moriello, Engineer Chris Zell, Rick Valenta, and himself met on October 23 to discuss Mr. Riseley’s letter to the Planning Board dated Sept. 26, 2002 of which all Board members were copied on.  Mr. Riseley noted that the Planning Board would be getting a letter from Atty., and Rondout Hills resident, Wayne Graff as well as Jay Zeiger, Atty. for the Rondout Hills Homeowners Assoc. who disagree with some of Mr. Riseley’s conclusions as stated in his 9/26/02 letter.  Richard Riseley stated that in regards to these letters, he plans on meeting with Art Cross, the Town’s Highway Superintendent, to discuss the letters, Art’s concerns, and what he knows about what happened in 1986.  Mr. Riseley also plans to met with Wayne Graff and Jay Zeiger regarding other concerns at Rondout Hills.  He also stated that Victorian Associates would be looking to put in a lot more parking, if they could, in the undeveloped sections of the project.  In concluding, Richard Riseley stated that once they know what the real issues are, they would address them and come up with feasible solutions.  For the Board’s information, Chairman Shultis noted that the meeting on 10/23/02 was primarily to ask Roxanne and himself what some of the Planning Board’s major issues were concerning the Rondout Hills’ application.  They discussed the existing access, the emergency road, a second access, and parking.  The history of the project was reviewed.  Chairman Shultis will contact Bill Devine, the Planning Board Chairman in 1985/86, to see what his recollection was pertaining to this project.  Russ Shultis then asked for any other key issues from Planning Board members.  Fred Zimmer felt drainage should be added to the list.

MATTHEWS (CRANE) - (2001-01) - Hardenburgh Road, Union Center, NY                     4 Lot Subdivision
           Tax SBL #63.3-6-5

Chairman Shultis noted that this was formerly the Crane proposal which is now under the new ownership of Kim Matthews.  Nancy Clark, the Planning Board’s engineer, reviewed this proposal and commented.  Mr. George Collins, the applicant’s engineer, responded to the Planning Board’s engineer’s comments in an Oct. 8th and Oct. 22 letter with supporting documentation.  At this time, Chairman Shultis read into the minutes Nancy Clark’s letter to the Planning Board dated Oct. 23, 2002.  Maps were reviewed.  Discussion was had regarding the notation on the map about cleaning the culverts.  It was some Board members’ feelings that a precedence was being set here and this notation should be removed.  Fred Zimmer was not happy with the three (3) culverts.  Drainage was discussed in more detail. John McMichael asked about the swales which were then reviewed as shown on the second page of the plat submission.  ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD RENDER A DETERMINATION OF NON-SIGNIFICANCE (NEGATIVE DECLARATION) PURSUANT TO SEQR; AND GRANT PRELIMINARY PLAT APPROVAL; WAIVE SUBMISSION OF A FINAL PLAT AND GRANT CONDITIONAL FINAL PLAT APPROVAL SUBJECT TO:

·  THE NOTE ON THE MAP, ENGINEER’S NOTE #1, THAT STATES EACH INDIVIDUAL PROPERTY OWNER IS RESPONSIBLE FOR CLEANING THE DRIVEWAY CULVERTS AND THE AREA ADJACENT TO DRIVEWAY CULVERTS TO KEEP THEM CLEAR OF LEAVES, DEBRIS AND SILTATION, BEING REMOVED FROM THE MAP; AND

· THE SUBMISSION OF A REVISED MASTER DRAWING AND PRINTS SIGNED BY THE LANDOWNER.

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.

(Note:  The payment of a recreation fee in the amount of $400.00 is also required on this application.)

NEW BUSINESS

EGGERS - (2002-19) - Off Schultz Lane, May Park Area, Town of Esopus, NY                  Lot Line Adjustment
              Tax SBL #56.19-2-19.12 & 19.13

Betsy Eggers was present at this meeting.  Miles Putman of Shuster Associates gave his application review for this case.  A copy of the same is on file and a copy was given to the applicant.  It was the Planning Board’s feeling that a private road would have to remain as such so that the Planning Board didn’t create a situation preventing landowners from accessing their property.  Going through the deed for tax parcel 56.19-2-28.22 and 56.19-2-19.13 was suggested to see if it mentions the adjoining parcels.  The applicant was advised to reconfigure her proposal and resubmit.  It was suggested that the small triangle to the side of parcel 56.19-2-19.13 be added to 56.019-2-19.11 and the other triangle to the side of parcel 56.19-2-19.13 remain as part of 56.19-2-19.12 as it exists now.  Ms. Eggers was advised of the Board’s future meeting dates and agenda cutoffs.
 

PEISCHEL - (2002-20) - 953 & 929 Cow Hough Road, Dashville Area, Town of Esopus, NY
                 4 Lot Subdivision
                 Tax SBL #71.003-6-40

Mr. & Mrs. Peischel were present at this meeting.  Miles Putman of Shuster Associates gave his project review for this case.  A copy of the same is on file and a copy was given to the applicants.  The applicants were asked, for clarification purposes, to place a notation on the plat stating that the parcel labeled “lot road” is to be conveyed to the Town of Esopus.  ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING FOR THE PEISCHEL APPLICATION FOR TUESDAY, NOVEMBER 26, 2002 AT 7:20 PM.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.
 
MISCELLANEOUS BUSINESS

Presubmission Conf. - Brent Spoth

Brent Spoth, who owns 26 acres off Rodmans Lane, stated that he would like to offer the Town the 25’ road parcel all along Rodmans Lane as well as donate to the Town, 3/4 of an acre near the double humps at the corner of Ulster Ave. and Rodmans Lane.  Mr. Spoth noted that Art Cross has a plan for shaving down the western most hump to improve sight and  move the bottom corner of Rodmans Lane and Ulster Ave. further south approximately 50’ to also improve visibility.  Maps were reviewed.  Miles Putman noted that Mr. Spoth was not subdividing or creating building lots, and he didn’t know if town highway takings or conveyances even require Planning Board approval.  Through a unanimous straw poll, Mr. Spoth was referred to the Town Board about the conveyance of property to the Town for highway purposes.

Correspondence

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

Adjournment

WITH NO OTHER BUSINESS PENDING, RUSS SHULTIS MADE A MOTION, SECONDED BY LINDA SMYTHE, TO CLOSE THE MEETING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION.  MEETING ADJOURNED.

        Respectfully submitted,

        Kristy L. Nelson
        Secretary