TOWN OF ESOPUS

PLANNING BOARD MEETING

           OCTOBER 27, 2011

 

 

BOARD MEMBERS PRESENT:                        Roxanne Pecora

Fred Zimmer

Margaret Yost

Michael Minor

William Devine

Darin DeKoskie

 

BOARD MEMBER EXCUSED: Charlie Wesley

 

ALSO PRESENT:                                                          Myles Putman , M.L. Putman Consulting

 

Chairperson Pecora called the meeting of the Town of Esopus Planning Board to order at 7:10 p.m. beginning with the Pledge of Allegiance to the Flag.  Roxanne advised the public of the building=s fire exits and roll call was taken.

 

MINUTES:   Board members were asked if there were any changes or corrections to the minutes of the September 22, 2011 meeting.

 

BILL MADE A MOTION TO ACCEPT THE PLANNING BOARD MINUTES OF SEPTEMBER 22, 2011, SECONDED BY MARGARET.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 6-0.  VOTE WAS AS FOLLOWS:

 

FredYYYYYYYYY..yes

MargaretYYYYYYY...yes

MikeYYYYYYYYY.yes

Darin....YYYYYYYYyes

BillY...YYYYYYYYyes

RoxanneY.YYYYYY..yes

 

VOUCHERS:

 

Joseph Eriole, Esq. (Bakey - Easement)..............................................................$   247.50

M.L. Putman Consulting  (August, 2011 & Sept. Pre-submission Mtg.)..YY..$2,250.00

Peter C. Graham, Esq. (Opinion - Tucker Pond).................................................$   490.00

April Oneto (secretarial services month of July & Sept. 2011)YYYYY...Y..74 hours

 

MARGARET MADE A MOTION TO APPROVE THE VOUCHERS AS READ, SECONDED BY MIKE.  ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 6-0.

 


 

PUBLIC HEARING:

 

KURZER:  Case #2010-04 - Special Permit for Shier Winery - 439 Floyd Ackert

         Rd. (Town Hwy 835), West Esopus; SBL: 71.004-2-14

 

MIKE MADE A MOTION TO OPEN THE PUBLIC HEARING FOR KURZER, CASE #2011-04, SPECIAL USE PERMIT, SECONDED BY FRED.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 6-0.  VOTE WAS AS FOLLOWS:

 

Fred..........................yes

Margaret..................yes

Mike........................yes

Bill..........................yes

Darin.......................yes

Roxanne.................yes

 

Chairperson Pecora read the Public Hearing Notice placed in the Daily Freeman.  A copy of the notice was placed in the file.

 

Chairperson Pecora asked if there was anyone present who wished to speak on this application.  There was no one present to speak on this application.

 

MIKE MADE A MOTION TO CLOSE THE PUBLIC HEARING FOR KURZER, CASE #2011-04, SECONDED BY FRED.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 6-0.

 

OLD BUSINESS:

 

KURZER:                         Case #2011-04 - Special Permit for Shier Winery - 439 Floyd Ackert

Rd. (Town Hwy 835), West Esopus; SBL: 71.004-2-14

 

Michael Kurzer was present.  Myles reviewed M.L. Putman Consulting report dated 10/21/11, copy was given to applicant and copy was placed in file.

 

MIKE MADE A MOTION TO DECLARE A NEGATIVE DECLARATION PURSUANT TO SEQR, SECONDED BY FRED.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 6-0.  VOTE WAS AS FOLLOWS:

 

Fred...........................yes

Margaret...................yes

Mike.........................yes

 


Bill...........................yes

Darin........................yes

Roxanne..................yes

 

MIKE MADE A MOTION TO APPROVE THE SPECIAL PERMIT FOR KURZER, CASE #2011-04 SUBJECT TO THE CONDITIONS LISTED ON THE MAP (NO RETAIL SALES AND NO EMPLOYEES), SECONDED BY ROXANNE.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 6-0.  VOTE WAS AS FOLLOWS:

 

Fred.......................yes

Margaret................yes

Mike......................yes

Bill........................yes

Darin.....................yes

Roxanne................yes

 

TUCKER POND: Case #2009-23 - Site Plan - 96 E. Main St @ Sackett St @ Kline Ln

        Town Hwy 910, 915), Port Ewen; SBL: 56.060-3-25.01 thru 25.16

 

Jacob Mermelstein was present to represent the applicant.  Myles reviewed M.L. Putman Report dated 10/21/11, copy given to applicant and copy placed in file.

 

Chairperson Pecora stated that in 1999 a motion was made by the Planning Board to change this project from rentals to condos.  She further stated that the condos have to be owner purchased prior to renting.  Information on this can be found in the Condo Offering Plan.  Chairperson Pecora further stated that the outstanding Building Permit fees need to be paid in full.  Jacob stated that the applicant=s representative previously spoke with the Building Inspector who thought they might be able to pay half at this time and half at a later date.  The Supervisor spoke with the Town Board who rejected this idea.  Memo dated 10/17/11 stating that partial payment was not acceptable.  Copy placed in file. 

 

Discussion took place regarding approval being granted with conditions including the maps being updated to show water/sewer information, approval of easement by Planning Board Attorney and surveyor stamp.

 

DARIN MADE A MOTION TO REFER TUCKER POND, CASE #2009-23, EASEMENT AGREEMENT TO THE PLANNING BOARD ATTORNEY PETER C. GRAHAM FOR HIS REVIEW AND CHANGES IF NECESSARY, SECONDED BY MIKE. (APPLICANT WILL BRING IN UPDATED MAP TO BE SENT WITH EASEMENT AGREEMENT.)  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 6-0.  VOTE WAS AS FOLLOWS:

 

 


Fred.................................yes

Margaret..........................yes

Mike................................yes

Bill..................................yes

Darin...............................yes

Roxanne.........................yes

 

MARGARET MADE A MOTION TO GRANT CONDITIONAL SITE PLAN APPROVAL FOR TUCKER POND, CASE #2009-23, WITH THE FOLLOWING CONDITIONS:

1) REVIEW AND APPROVAL OF EASEMENT AGREEMENT BY PLANNING BOARD ATTORNEY, PETER C. GRAHAM, 2) SUBMISSION OF 6 NEW PAPER MAPS IDENTIFYING THE PREPARER, 3) MAPS ARE TO CONFORM TO THE 2005 MAPS SUBMITTED SHOWING WATER/SEWER DETAILS APPROVED BY DONALD KIERNAN, WATER/SEWER SUPERINTENDENT, 4) PLANNING BOARD SIGNATURE BOX AND 5) PAYMENT OF OUTSTANDING BUILDING PERMIT FEE, SECONDED BY BILL.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 6-0.  ALL MEMBERS WERE IN FAVOR.  VOTE WAS AS FOLLOWS:

 

Fred............................yes

Margaret.....................yes

Mike...........................yes

Bill.............................yes

Darin..........................yes

Roxanne.....................yes

 

NEW BUSINESS:

 

GARNIER (ARiver=s Edge@ Bed and Breakfast Proposal: Special Use Permit - Case: 2011-

13 - Sketch Review 135 River Road (Co. Rd. 81), Ulster Park; SBL: 64.001-2-6

 

Angela Garnier was present for review of this application.  The property in question is owned by Raymond Wapner and Peter Courmont.  The owners have given Angela Garnier full authority to act and conduct business on their behalf. 

 

Myles reviewed M.L. Putman Consulting Report dated 10/21/11, copy given to applicant and copy placed in the file.  Myles stated that ABed and Breakfast Dwellings@ are allowed in R-40 District subject to approval of a special use permit by the Planning Board.  However, under Town Zoning Code Section 123-61 a ABed and Breakfast Dwelling@ must be owner-occupied.  According to Angela this will be under an LLC and she is presently and will continue to live in the dwelling and manage it.  Following some discussion it was felt that she may be able to deal with this through a zoning variance.

 


The possibility of this being dealt with as a ATourist Home@ was discussed.  It would not have to be owner occupied, however, meals would not be able to be provided.  Following discussion on the different ways in which this application could be dealt with, the applicant was informed that they will need to go to the Zoning Board of Appeals for variances.  Margaret asked applicant if this would be opened year round and she responded that it would be.  Angela stated that there are three (3) bedroom with private baths, ample common space to be shared, a full kitchen, outdoor patio and deck, entry/exit points from both the first story and second story of the building.  Parking is sufficient providing at least a minimum of five (5) parking spaces.

 

Chairperson Pecora stated that until applicant received a decision from the Zoning Board of Appeals regarding the variances the Planning Board will not be able to make a final decision.  Applicant was told that she would need to seek variances for depth, setback and encroachment of the garage on the property line (possible lot line revision).

 

MIKE MADE A MOTION TO REFER GARNIER, CASE #2011-13, BED AND BREAKFAST - SPECIAL USE PERMIT TO THE ZONING BOARD OF APPEALS FOR THREE VARIANCES (LOT LINE, DEPTH AND SETBACK), SECONDED BY DARIN.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 6-0. VOTE WAS AS FOLLOWS:

 

Fred..............................yes

Margaret......................yes

Mike............................yes

Bill..............................yes

Darin..........................yes

Roxanne.....................yes

 

MISCELLANEOUS:

 

Discussion took place regarding the 2012 Planning Board Meeting Schedule.  It was agreed by all members present that the second Wednesday of the month would be acceptable for meeting day.  Time will remain as 7:00 p.m.  Pre-submission Meeting will remain the same (1st Tuesday of the month).

 

Board members were reminded that there will be a combination November/December Meeting to be held on Thursday, December 8, 2011 at 7:00 p.m.  Deadline will be Thursday, November 17th.

 

ZBA REFERRALS:

 

None

 

DARIN MADE A MOTION TO ADJOURN AT 8:05 PM, SECONDED BY MIKE.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 6-0.

 


NEXT MONTHLY MEETING:                                               DECEMBER 8, 2011

 

DEADLINE:                                                                                                                                                                  NOVEMBER 17, 2011

 

NEXT PRE-SUBMISSION:                                                       December 6, 2011

 

Respectfully submitted:

 

 

April Oneto

Planning Board Secretary