BOARD MEMBERS PRESENT: John McMichael
Russ Shultis, Chairman
ALSO PRESENT: Miles Putman, Shuster Associates, Planning Board
At 7:04 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.
ROXANNE PECORA MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD APPROVE THE SEPTEMBER 23, 2004 PLANNING BOARD MEETING MINUTES AS PREPARED. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.
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.................(9/18/04 - 10/22/04)..............................................
Daily Freeman....................(Komasa Public Hearing-Escrow)...................... $ 14.07
Chazen Engineering...........(Light House Bluff Escrow Acct.)...................... $ 58.50
Chazen Engineering...........(ESP/Fawn Meadows Escrow Acct.)................. $ 398.25
Daily Freeman....................(Scenic Hudson Public Hearing)........................ $ 15.04
Peter Graham......................(5/04-10/04)......................................................... $ 871.00
Peter Graham......................(Dyno Nobel Escrow Acct.?)............................. $1,456.00
It was noted that replenishment of the ESP/Fawn Meadows Escrow Account was necessary. In addition, discussion was had as to how Peter Graham got involved so quickly on the Dyno Nobel application. It was noted that Dyno Nobel was sent a letter from the Planning Board listing items that they needed to provide the Board to continue with the review of their application. One of these items was that Dyno Nobel would be subject to an escrow account. AFTER REVIEWING THE GRAHAM VOUCHER REGARDING DYNO NOBEL, ROXANNE PECORA MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD HAVE APPLICANT DYNO NOBEL ESTABLISH AN ESCROW ACCOUNT IN THE AMOUNT OF $3,000. ALL MEMBERS PRESENT WITH THE EXCEPTION OF RUSS SHULTIS WHO RECUSED HIMSELF FROM THE DYNO NOBEL APPLICATION WERE IN FAVOR OF THE MOTION. MOTION CARRIED BY A 6-0 VOTE. Board member Roxanne Pecora, who has been acting chairman for the Dyno Nobel application, will contact the applicant both by mail and telephone regarding the same.
SAMTON - (2004-019) - 60 Suominens Lane, Rifton, NY
Minor 4 Lot Subdivision
Applicant Claude Samton was present at this meeting. He is proposing a 4 lot subdivision of a large residential parcel situated on a dead-end Town Highway. Three lots will consist of vacant land. Two flag lots are proposed and waivers were granted to the two flag lots standards of 123-21.D(5) and (6). Sketch Plan approval was conditionally granted in August. Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review on this application. A copy of the same is on file and a copy was given to Mr. Samton. Chairman Russ Shultis requested that the record reflect that the Board was in receipt of copies of three (3) access permits from the Town Highway Dept. pertaining to proposed Lots 1, 3 & 4. The same is on file. The driveway to Lot 2 exists. Russ Shultis noted that at the Aug. Planning Board meeting, two spots on the map were indicated (one for Lot 2 and one for Lot 3) that needed driveway profiles. However, a driveway profile was only provided for Lot 2. Claude Samton noted that the driveway profile for Lot 3 would be very similar to Lot 2. Discussion was had regarding the road profiles, existing grades, final grades, and areas of disturbance. Dennis Suraci had a concern with the well and septic on Lot 4. He stated that the distance noted for the well to the septic is 100’ and the regulations Mr. Samton filed with his application says that is good unless the septic is up hill from the well then 200’ is needed. Dennis suggested changing the note or separating the well and septic a little bit more. Dennis also noted that in Aug. he asked for additional contour lines at the entrances to both flag lots. Mr. Samton noted that when regraded, the new proposed contours will be shown. He also brought the note on the map to Dennis’ attention that says the existing grade is 5% slopping away from the road. Russ Shultis commented that based on an on-site inspection the grade was low. Fred Zimmer asked about a utility right-of-way on the property. It was noted that the applicant’s surveyor researched this matter and did not come up with anything definitive so nothing was changed, the map just shows the current utility line. Chairman Shultis asked if the Planning Board would be receptive to having the applicant’s engineer amend the driveway profile to have a notation that says ‘this is the existing driveway profile’ and then have him plot the final driveway profile which shows the change in the grade and also amends on the map the area of disturbance notation to reflect the change in the section that will require the regrading. All Board members thought that would be fine. Next, the area of disturbance was discussed. It was the Planning Board’s feeling that this project would fall under the 1 acre of disturbance threshold so it will not have to be sent to the Board’s engineer for review. RUSS SHULTIS MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD SCHEDULE THIS APPLICATION FOR A PUBLIC HEARING AT 7:10 PM ON DECEMBER 9, 2004, PROVIDED THE FOLLOWING CONDITIONS ARE MET BY THE SUBMISSION DEADLINE:
1. THE NOTATION PERTAINING TO LOT 4 , THE WELL AND SEPTIC BE CHANGED
THE PROPOSED SEPTIC AND WELL LOCATIONS BE AMENDED TO MEET THE CURRENT HEALTH
DEPT. CODE AS WAS SUBMITTED BY THE APPLICANT.
2. THE DRIVEWAY PROFILE THAT IS PRESENTLY SHOWN ON THE MAP IS TO BE AMENDED WITH
THE WORDING ‘THE EXISTING DRIVEWAY PROFILE’ AND THE ENGINEER IS TO ADD THE FINAL
3. THE ENGINEER IS TO CREATE A DRIVEWAY PROFILE FOR LOT #3 AS
WAS MENTIONED AT THE
BOARD’S PREVIOUS MEETING. ALL THE INFORMATION THAT WAS MENTIONED IN CONDITION
2 ABOVE WILL APPLY TO CONDITION 3.
4. THE AREA OF DISTURBANCE NOTATION IS TO BE AMENDED TO INCLUDE THE
WILL BE DISTURBED BASED UPON THE GRADING OF THE DRIVEWAYS TO MEET THE CODE.
ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.
At this time in the meeting, Chairman Shultis reminded everyone that because of the Thanksgiving holiday there will be no meeting in November and the December meeting has been scheduled for December 9th. The next meeting after December will be the Board’s regular monthly 4th Thursday meeting on January 27th.
GORDON - (2004-24) - 108 Martin Sweedish Rd., West Esopus, NY
Lot Line Revisions
Tax SBL #71.003-3-33.11, 33.2 & 33.61
Mr. & Mrs. Gordon were present at this meeting. They are proposing a redefinition of a common boundary between three abutting parcels that they own. 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 the Gordons. Board comments were asked for. John McMichael felt the Board should require Health Dept. Approval for Lot 6. Mr. Gordon noted that they already have Health Dept. approval for Lot 6 and he provided a copy of the same for the file. Russ Shultis noted that the Board needed to address the map scale issue as noted in Miles review. Russ also wondered if the Board wanted the new proposed property lines labeled on the map. Board members did not think the labeling of the new property lines was necessary. FRED ZIMMER MADE A MOTION, SECONDED BY JOHN MCMICHAEL, THAT THE PLANNING BOARD ACCEPT THE SCALE GIVEN ON THE MAP. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE. KATHY WEITZE THEN MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT FINDING NO SIGNIFICANT ENVIRONMENTAL IMPACT, THE PLANNING BOARD WAIVE HOLDING A PUBLIC HEARING AND APPROVE THIS LOT LINE ADJUSTMENT PURSUANT TO SECTION 107-16.A. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.
SCENIC HUDSON - (2004-28) - 287 River Road, Ulster Park, NY
Conditional Use Permit - Park/Rec Facility (Esopus Meadows Point Preserve)
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 to the Hudson River, and related improvements, and development of a boat launch/landing (for non-motorized craft), along with other amenities. Sara represented the applicant at this meeting. 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 the applicant’s representative. It was noted that the Board is in receipt of the Technical Specifications as requested last month as well as the Ulster County Planning Board’s referral response of ‘No County Impact’. No revised maps were submitted. Fred Zimmer asked about the reference made to the service road shown and wondered what will happen to the same. Sara noted that the service road will be maintained as an emergency access to the site and for maintenance use and will have a service gate across it. Fred asked if local people could go down the service road to launch a boat. Sara said no, one has to launch from elsewhere on the river. Dennis Suraci noted that the Technical Specifications submitted were labeled as draft. He wondered if these have been finalized or if they will be changing. Sara was not sure. Dennis then stated that erosion control in the specs is okay, but typically when he goes on a job site the specs get separated and the contractors never have them on site. He wondered if the erosion control notes should be on the plans. It was the Board’s feeling that what was given is okay as is. Linda Smythe wondered if this application should be tabled until all the Board’s questions can be answered. Other Board members were happy with what had been presented. ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD, FINDING A DETERMINATION OF NON-SIGNIFICANCE PURSUANT TO SEQR, APPROVE THE SCENIC HUDSON LAND TRUST, ESOPUS MEADOWS POINT PRESERVE, CASE 2004-28, PROVIDED THE FOLLOWING CONDITIONS ARE MET:
· 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,
· THERE BE NO MOTORIZED WATERCRAFT VEHICLES,
· IT IS UNDERSTOOD THAT THIS IS A DAY USE FACILITY AND NO LIGHTING IS BEING PROPOSED. IF LIGHTING IS REQUIRED BY THE BUILDING CODE FOR SAFETY IT MUST BE SHIELDED,
· IT WILL REMAIN CONSISTENT WITH THE TOWN’S LWRP,
· DURING CONSTRUCTION, A SET OF PLANS ALONG WITH A COPY OF THE TECHNICAL SPECIFICATIONS WILL BE AVAILABLE TO THE CONTRACTORS ON SITE, AND
· ANY AMENDMENTS OR CHANGES TO THIS PROPOSAL MUST BE APPROVED BY THE PLANNING BOARD.
ALL BOARD MEMBERS PRESENT WERE IN FAVOR OF THIS MOTION WHICH CARRIED BY A 7-0 VOTE.
SCHROETER - (2004-30) - 50/51 Carney Road, Rifton/Union Center (Ulster
Minor 3 Lot Subdivision
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. Mary Parker represented the applicant at this meeting. Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review of this application. A copy of the same was given to Mary earlier in the week. Miles’ review suggested clarification on the relationship between he applicants and the site owner. Mary Parker presented the Board with a copy of the deed and school tax bill showing Todd and Nancy Schroeter as owners. A copy of the same is on file. In response to the project review’s comment that the Board should be prepared to consider possible area-wide cumulative impacts for this project and other open applications in the site’s vicinity, Kathy Weitze didn’t think this should be left up to the Planning Board, but rather go back to the Town Board to discuss whether or not the zoning in that area is correct. She added that if the Highway Superintendent is giving out permits, she couldn’t see why the Planning Board couldn’t proceed if the current applicants meet the existing zoning code. Fred Zimmer agreed. It was agreed that the Board would proceed with each application as a separate entity. Russ Shultis noted that an escrow account has been established for this application, and he sent a letter to the Town Board regarding the conveyance of Carney Road. Russ then requested the following:
· The notation regarding the 18” culvert east of the lot line
between Lot 1 & 2 be clarified. Is it proposed or existing?
· Have the 16’ right-of-way leading to the Magnifico property more defined by including liber and page as well as having it plotted.
· Clear up the bearing and distance for the westerly lot line for Lot 3 (N3 degrees, 5 minutes, 5 seconds east and a distance of 687.86 and below that a number 636.94).
· Have the engineer confirm that the siltation fence straw bail type on Sheet 1 is acceptable.
· Show a proposed well for Lot 3 on Sheets 1 and 3.
· Have the engineer include a revision block and seal on the plans.
At this time, Mary Parker submitted a description of the road conveyance. A copy of the same is on file. Mary then requested that the Board consider scheduling a public hearing since the revisions requested are only minor. KATHY WEITZE MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING FOR THIS APPLICATION FOR 7:20 PM ON THE 9TH OF DECEMBER, 2004. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION EXCEPT RUSS SHULTIS AND ROXANNE PECORA WHO VOTED NO. MOTION CARRIED BY A 4-2 VOTE. Chairman Shultis advise Ms. Parker that all the amendments must be submitted by the deadline of Nov. 24th.
NORTH/HEISSENBUTTEL - (2004-27) - 286/287 Soper Road, West Esopus, NY
Minor 3 Lot Subdivision
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 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 Mr. & Mrs. Heissenbuttel.
In response to the waiver for the driveway grades, as noted in Shuster’s
project review, George Heissenbuttel noted that a waiver is no longer necessary
since the driveways and a house site were repositioned. For the record,
Chairman Shultis noted that a copy of the driveway approval for Lot 3 that
was changed was submitted and is on file. Fred Zimmer made Mr. Heissenbuttel
aware of the fact that the septic systems for Lot 2B and Lot 3 were above
the basement finished floors. George Heissenbuttel noted that there
will be no bathroom facilities in the basement and this will be addressed
further at the building permit stage with the Board of Health approvals
on the lot. He also noted these are only proposed house, well and
septic sites. Fred Zimmer also felt there would be considerably more
disturbance than what was shown on the map. Dennis Suraci suggested
the applicant check the distance from the well to the septic for Lot 2B.
Dennis also wondered if the applicant would be indicating where the silt
fence would be going on the map. A note on the map was reviewed pertaining
to this matter. ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY
WEITZE, THAT THE APPLICANT ESTABLISH AN ESCROW ACCOUNT IN THE AMOUNT OF
$750. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED
BY A 7-0 VOTE. ROXANNE PECORA THEN MADE A MOTION, SECONDED BY KATHY
WEITZE, THAT THE PLANNING BOARD REFER THIS APPLICATION TO CHAZEN ASSOCIATES
FOR REVIEW OF SITE DISTURBANCE AND EROSION CONTROL. ALL MEMBERS PRESENT
WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE. NEXT, DENNIS
SURACI MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD
SET A PUBLIC HEARING FOR CASE 2004-27 FOR DECEMBER 9TH AT 7:30 PM.
ALL MEMBERS PRESENT WITH THE EXCEPTION OF JOHN MCMICHAEL AND ROXANNE PECORA,
WHO VOTE NO, WERE IN FAVOR OF THE MOTION. MOTION CARRIED BY A 5-2
VANVELSON - (2004-29) - 113 Esopus Avenue & 314 Union Center Road, Ulster Park, NY
Minor Subdivision (Reconfigure 2 Lots into 4)
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 4 lots, revised from last month’s 5 lot proposal. 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 and Shuster’s review discussed in detail. The Planning Board noted that a proposed house, well, septic, and driveway needed to be shown on the map for Lot 1. In addition, the Board suggested a flag lot for Lot 2 and side by side driveways with the lot line down the middle for Lots 3 & 4. Mr. Vetere was advised to contact the Town’s Highway Superintendent regarding the side by side drives as well as the County Highway Dept. regarding the driveways for Lots 1 & 2. Chairman Shultis then asked about the labeled 2 story frame house/garage on Lot 4. Russ stated that he hoped there currently were not two residences on one existing lot. Mr. Vetere stated the garage is not occupied as a living quarters; it’s a garage right now with the possibility of being a house in the future. Discussion was had regarding a water valve shown on the map. Mr. Vetere noted that they will be adding a proposed new well to the map for Lot 4. Disturbances for Lot 1 will also be added to the map.
At this time in the meeting, 9:15 pm, a 5 minute recess was taken.
FRIEDMAN/HOYT- (2004-31) - 57 Soper Road, West Esopus, NY
Conditional Use Permit - Accessory Apt.
Eric Friedman and Judith Hoyt were present at this meeting and were given a copy of Shuster Associates project review on their application. The applicants were informed that since the project does not meet the accessory apt. standards for building age (123-13.D(1)) and apartment floor area (123-13.D(3)), the Board cannot approve the application as submitted. The owners were advised that they could approach the Zoning Board of Appeals for a use variance which will require a written denial from the Zoning Enforcement Officer. Judith Hoyt had a question on sq. footage since the garage has a very steeped pitched roof with area that can’t be used. Miles Putman suggested the applicants get an interpretation from the Building Inspector on livable floor area prior to going before the ZBA. It was agreed that Chairman Shultis will talk with Hank Pittner, the Town’s Zoning Enforcement Officer, about getting the applicants the required denial, and it was suggested that they also talk with Hank about their questions on the sq. footage. It was also noted that if a use variance is granted, it may be possible that a condition of that variance may be site plan review by the Planning Board.
ROSEN - (2004-32) - 570, 572 Old Post Road, West Esopus, NY
Minor 2 Lot Subdivision
Nancy Rosen was present at this meeting. She is proposing a two lot minor subdivision of 50+ acres of a rural residential lot in the R40 District. 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 Ms. Rosen. Maps were reviewed. Discussion was had regarding altering an existing non-conforming use, as in this case, with more than one residence on the property. It was felt this proposal included a house with an accessory apt. and density was not an issue. It was noted that a proposed house, well, septic and driveway must be shown on the map for Lot 2. Nancy Rosen was advised that her first step before continuing any further should be to check with the County DOT regarding a driveway cut. Chairman Shultis offered to go to the DOT with the applicant.
At this time, 9:50 pm, Board Member Kathy Weitze left the meeting.
DOWNEY- (2004-33) - 115 Schultz Lane/380 New Salem Road, May Park, Town
of Esopus, NY
Minor 2 Lot Subdivision
Tax SBL #56.015-2-26
Chris Zell of Brinnier and Larios represented the applicants at this meeting. The owners of a 13+ acre residential corner lot are proposing a two lot minor subdivision. 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. Zell. Chris Zell explained his clients proposal. Discussion was had about having 2 or more dwellings on one lot. Town Zoning Code 123-30B was read. Chairman Shultis took a poll on whether this application should be referred to the Zoning Board of Appeals based on Zoning Code 123-30B. By a 1-4-1 vote, with John McMichael voting yes and Russ Shultis abstaining, it was decided that this application would not be forwarded to the ZBA. Fred Zimmer requested contours be put on the map. ROXANNE PECORA THEN MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD GRANT SKETCH PLAN APPROVAL. ALL MEMBERS PRESENT, WITH THE EXCEPTION OF RUSS SHULTIS WHO VOTED NO, WERE IN FAVOR OF THE MOTION. MOTION CARRIED BY A 5-1 VOTE.
VINING - (2004-34) - 30 Carney Road, Rifton-Union Center, NY
Minor 2 Lot Subdivision
Tax SBL #63.003-7-26
The applicants’ son, Dave Vining, was present at this meeting. This proposal is for a two lot minor subdivision of a sloping 4.8 acre residential lot. 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 Dave Vining. Mr. Vining submitted a copy of an application for a driveway cut signed by Highway Superintendent Al Larkin for Lot 2 which is on file. Dave Vining also noted that he submitted an application to the Ulster County Health Dept. and was told he would probably have to put in a raised bed system. Chairman Shultis requested that Mr. Vining provide the Board with something in writing from the Health Dept. stating the lot would be able to fit a useable septic system. It was noted that 2 proposed S-D-A’s were shown on the map. It was suggested this be clarified by relabeling since one is a reserve. 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 6-0 VOTE. Chairman Shultis advised Mr. Vining that other than the rewording of the S-D-A, the Board would like to see some limits of disturbance.
ZELNIK - (2004-35) - 444 New Salem Road, May Park, NY
Lot Line Adjustment
Tax SBL #56.019-2-29 & 30
Michel Zelnik and his attorney Andrea Moran were present at this meeting. Miles Putman of Shuster Associates gave his project review of this application. Mr Zelnik explained that it was his intent to take 3.631 acres from Tax SBL #56.019-2-30 and add it to the rest of his property to the west (56.019-2-29), leaving about 6 acres of land inclusive of the house and barn. It was suggested that the wording on the map be changed to reflect the lot lines to be deleted and the new proposed lot line. The applicant was advised to have his surveyor get in touch with Miles Putman of Shuster Associates regarding the map revisions. A small inset map showing tax map #56.019-2-29, the 37.5 acre lot to the west, with the additional 3 acres and an after area calculation was requested. Discussion was had about right-of-ways. It was requested that a notation of the r-o-w be put on the map as well as a bulk zoning block. At this time in the meeting, Mr. Zelnik signed his application submitted by his attorney. In concluding, the Board advised the applicant and his attorney that it would like to see a request in writing to waive a public hearing if that is what they wish and the submission deadline date for the Dec. meeting is Nov. 24.
Presubmission - Pons
Val Pons explained that he would like to extend Valhank Dr. by 750’ and put in 8 lots. The length of a dead-end road was discussed. Mr. Pons was advised that his first step would be to submit a formal application and come before the Planning Board with a request in writing for a waiver to code 107-21D2 regarding dead-end road lengths. It was also noted that a drainage district, engineer reviews and rec fees would also pertain to this proposal. Mr. Pons wondered if what he presented this evening was sufficient for sketch plan. It was the Board’s feeling that it was not sufficient, more detail was needed. Chairman Shultis agreed to visit the Pons to help them with the process.
At this time, Consultant Miles Putman left the meeting.
Presubmission - Lattin
Mr. Lattin was present. Chairman Shultis explained that this case was in front of the Planning Board last meeting as a ZBA referral. Mr. Lattin is in front of the ZBA for a use variance. He owns Shooters on Broadway and would like to convert a storage area into an apt. It was Russ’ understanding that the ZBA sent Steve Lattin back to the Planning Board to know if the Board wants to see a site plan for this. The referral response from the Ulster County Planning Board to the ZBA regarding the use variance was reviewed. Russ Shultis commented that he did not feel the Board needed to see a site plan because everything was taking place inside the building and he felt the issue came down to parking and whether or not the parking requirements are met. If not, Mr. Lattin should get the necessary variance for the parking. Russ did have a concern, however, since an abstract from the Building Dept. shows the building had a luncheonette at one time which he suspects was now an apt. which has no approvals. Chairman Shultis added that if there is an illegal apt. in the luncheonette, the ZBA should address the same in order to clean it up. Mr. Lattin stated that the apt. Russ was referring to is used as storage because the stuff he had in the back area was storage and he brought it up to the front area. At this time, Chairman Shultis polled the Board to see if they would like to see a site plan. By a 1-5 vote, with John McMichael voting yes, it was decided that there was no need for Mr. Lattin to come back to the Planing Board for site plan. A letter stating the same will be sent to the ZBA.
Rob Hare explained that during the past year they have had approximately 42 acres on the market, and they had no offers. Now they would like to readjust their property line to keep 16 of the 42 acres. He also noted that there will be 2 houses that they are selling which will remain on approximately 25 acres with 300’ of road frontage. Maps were reviewed. Russ Shultis suggested that the Hares talk with the state regarding access.
ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING
BOARD HAVE ESP LAND DEV. REPLENISH THEIR ESCROW ACCOUNT WITH $2,500.
ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-1
VOTE, WITH RUSS SHULTIS VOTING NO.
One ZBA referral (Lamb) was received. It was agreed that a ‘No comment’ response should be returned to the ZBA regarding this referral.
Regarding this applicant, Dennis Suraci suggested that the Building Inspector tell him what he is up against since the Chairman of the ZBA was instructing Mr. Lattin that there were things he wouldn’t have to do that the building code is going to do. Dennis felt Mr. Lattin was being led down a path of hearts and flowers and he is going to hit a stone wall. Dennis noted that he would be speaking with the Building Inspector about this matter on his own and not as a representative of the Planning Board.
Chairman Shultis noted that the Town Board had received some letters of interest regarding being a member of the Planning Board from several individuals. Copies of these letters are on file if anyone was interested in seeing them.
Copies of the Statement of Findings regarding Esopus Lakes will be given to each Planning Board member for their review. Some thought should also be given to legal council for this particular application when it comes in. Maybe a firm that is heavy into SEQR. An engineering firm will also be needed since Chazen is the engineer for Somerset.
WITH NO OTHER BUSINESS PENDING, ROXANNE PECORA MADE A MOTION, SECONDED BY DENNIS SURACI, TO CLOSE THE MEETING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION. MEETING ADJOURNED.
Kristy L. Nelson