TOWN
OF ESOPUS
PLANNING
BOARD MEETING MINUTES
November
30, 2000
BOARD MEMBERS PRESENT: Marilyn
Coffey, Chairperson
John
McMichael
Roxanne
Pecora
Russ
Shultis
Linda
Smythe
Kathy
Weitze
Fred
Zimmer
ALSO PRESENT: Miles
Putman, Planning Board Consultant
At 7:00 pm, Chairperson
Marilyn Coffey called the meeting of the Town of Esopus Planning Board to order
beginning with the Pledge of Allegiance to the Flag. Marilyn then advised the public of the building’s fire exits and
roll call was taken.
Minutes
Chairperson Coffey
stated that she had one correction to the October 26, 2000 meeting
minutes. She had forgotten that Roxanne
Pecora had told her that she would be on vacation for the October meeting,
therefore, Roxanne should have been marked ‘excused’ from that meeting instead
of ‘absent’. WITH NO OTHER CHANGES TO
BE MADE, RUSS SHULTIS MADE A MOTION, SECONDED BY LINDA SMYTHE, TO ACCEPT
THE MINUTES OF THE OCTOBER 26, 2000, PLANNING BOARD MEETING AS AMENDED. 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 JOHN MCMICHAEL 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......................(10/21/00 -
11/24/00).......................................................... 20.5 hrs.
NY Planning
Federation.........(2001 Membership
Dues).................................................. $125.00
Robert C. Grieco,
Esq......................................................................................................... $
57.50
PUBLIC HEARING &
OLD BUSINESS
SCHROETER - (2000-022) - 20-26 Rousner Lane, 999-1003 Old Post
Road, West Esopus, NY
3 Lot Subdivision
Tax SBL #71.003-4-10 & 71.004-1-29
Mr. Schroeter’s
representative was present at this meeting.
ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE
PLANNING BOARD OPEN THE PUBLIC HEARING FOR SCHROETER, CASE #2000-022. ALL MEMBERS PRESENT WERE IN FAVOR OF THE
MOTION WHICH CARRIED BY A 7-0 VOTE.
Miles Putman of Shuster Associates briefly brought the Board up to speed
on the Schroeter application. A copy of
his project review is on file and a copy was given to Mr. Schroeter’s
representative. Chairperson Coffey
called for public comments. None were
made. Maps were reviewed. John McMichael asked about a 50’ road
reservation area for Rousner Lane. It
was the Planning Board’s feeling that it was to late in the application process
to make such a request. KATHY WEITZE
MADE A MOTION, SECONDED BY ROXANNE PECORA, TO CLOSE THE SCHROETER PUBLIC
HEARING. ALL MEMBERS PRESENT WERE IN
FAVOR OF THE MOTION. MOTION CARRIED BY
A 7-0 VOTE.
KATHY WEITZE MADE A MOTION,
SECONDED BY ROXANNE PECORA, THAT FINDING NO SIGNIFICANT ENVIRONMENTAL IMPACT
PURSUANT TO SEQR, THE PLANNING BOARD GRANT PRELIMINARY PLAT APPROVAL;
CONDITIONED UPON THE SUBMISSION OF A FINAL PLAT THAT DEPICTS THE LOCATION OF
ACCESS ONTO OLD POST ROAD FOR LOT 1 AS PER THE APPROVAL OF THE ULSTER COUNTY
HIGHWAY DEPARTMENT THAT IS SUPPORTED BY A HIGHWAY WORK PERMIT OR OTHER
CORRESPONDENCE FROM THE COUNTY THAT SHOW THE CONDITIONS ATTACHED TO THE
PROPOSED ACCESS. ALL MEMBERS PRESENT
WERE IN FAVOR OF THE MOTION. MOTION
CARRIED BY A 7-0 VOTE.
PUBLIC
HEARING & OLD BUSINESS
RELSON &
ANDERSON - (2000-026) - 5 Rose Lane @
Hussey Hill Road, Union Center, NY
Conditional Use Permit - 1 family
to 2
Tax SBL #63.003-5-17.1
Mr. Relson & Ms.
Anderson were present at this meeting.
LINDA SMYTHE MADE A MOTION, SECONDED BY ROXANNE PECORA, TO OPEN
THE PUBLIC HEARING FOR RELSON & ANDERSON, CASE #2000-026. ALL MEMBERS PRESENT WERE IN FAVOR OF THE
MOTION WHICH CARRIED BY A 7-0 VOTE.
Miles Putman of Shuster Associates briefly reviewed the Relson &
Anderson application request. A copy of
his project review is on file and a copy was given to the applicants. It was noted that the Ulster County Planning
Board’s referral response was ‘No County Impact’. At this time, Chairperson Coffey called for public comments.
Bob Petras, an
abutting landowner, stated that he did have some concerns about the apparent
change. He noted that the house was
originally approved as a single family home, and it had been occupied as a
single family home from that time up to the time when the previous owner
recently sold the property within this year.
Mr. Petras believed that the conversion to a 2 family home was
inconsistent with the uses in the general area along Union Center Road and the
abutting landowners; it would not necessarily fit in with the neighborhood use
as it currently exists. He also had a
concern about the septic capacity for a two family home. Bob Petras noted that he reviewed
the Planning Board’s Sept. meeting minutes which stated that the previous owner
had illegally converted the home to a 2 family home. He did not believe that it was converted to a 2 family home. He did know that the former owners had their
father-in-law living with them. Mr.
Petras did not know if that use, a family member living in the same house,
constitutes a conversion to a 2 family home.
Bob Petras felt that if the Planning Board approved this request, they
would be setting a bad precedence in that they would essential be saying that
if someone occupies a place with an illegal business or an illegal occupation
of any type that this would give credence to changing it over to that
occupation in the next owner.
At this time,
Chairperson Coffey noted that the Planning Board received a memo from W.
Pullman Jr. & M. Colao dated November 30, 2000, with concerns about opening
the neighborhood up to commerical zoning and the upkeep of the property. A copy of the same is on file.
Some discussion was
had regarding accessory apartments, but it was noted that they have strict
limits on the amount of floor area that could be used for the second
dwelling. It was noted that the
definition of dwelling unit is the building or entirely self-contained portion
thereof designed for occupancy by only 1 family, 1 dwelling unit, and having
complete cooking, sanitary and sleeping facilities. Fred Zimmer asked the applicant’s if the units were
separate. They stated only by an interior
door, and in order to go from their garage into their house, they have to go
through the apartment. Mr. Relson also
indicated that they have no thoughts at this point of using the home as a 2
family, but they do not want to have to tear out the existing second
kitchen. Some suggestions discussed
were the applicants’ redesigning their application and going for an accessory
apartment or asking Mr. Ungerland to reconsider and determine the house a 1
family house since it was hard to argue that the units are 2 separate dwellings
because of the passage between them to get to the garage.
ROXANNE PECORA MADE A MOTION,
SECONDED BY JOHN MCMICHAEL, TO CLOSE THE RELSON & ANDERSON PUBLIC
HEARING. ALL MEMBERS PRESENT WERE IN
FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.
KATHY WEITZE MADE A MOTION,
SECONDED BY FRED ZIMMER, THAT FINDING NO SIGNIFICANT ENVIRONMENTAL IMPACT, THE
PLANNING BOARD APPROVE THE RELSON AND ANDERSON APPLICATION AS SUBMITTED.
FRED
ZIMMER......................YES KATHY
WEITZE................YES
JOHN MCMICHAEL.............YES ROXANNE PECORA.........NO
RUSS
SHULTIS......................NO LINDA
SMYTHE................YES
MARILYN COFFEY..............YES
BY A 5-2 VOTE, THE
MOTION CARRIED. CONDITIONAL USE PERMIT
GRANTED.
OLD
BUSINESS
ABRAMS (CONNELLY
VILLAGE, INC.) - (1999-019) - Off
James St., Connelly, NY
Conditional Use Permit w/Site Plan
Tax SBL #56.015-1-1.2
Postponed until
December meeting. Awaiting engineer’s
review of drainage report, etc.
BRAUNSTEIN - (2000-027) - 1764-1770 Route 213; 19-25 Suominen Lane,
Rifton, NY
Lot Line Revision
Tax SBL #71.001-2-1.12 & 1.13
Mr. Braunstein 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 Mr. Braunstein. Maps were
reviewed. Russ Shultis wondered about
the driveway note on the map regarding the existing bridge abutments that were
to be reconstructed as per the NYS DEC.
Mr. Braunstein explained that during the approval process for the
subdivision a culvert system was designed and approved by the DEC. Russ then asked if the wood road shown on the
map was in use now. Les Braunstein
stated that to the extent that it can be used without there being a bridge; it
is the road that they walk after crossing a foot bridge. Russ Shultis asked if the DEC had any
concern about using the wood road as a driveway. Mr. Braunstein noted that this matter was addressed when they did
the original subdivision and, in fact, it was the state that had to approve it
because it exists out onto Route 213.
He added that the state did approve a single entrance onto Route 213,
and noted that they were not making any changes in the external factors of
either lot, just internal ones. John
McMichael asked if there was a building on the property. Mr. Braunstein said no. ROXANNE PECORA MADE A MOTION,
SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING FOR
THIS APPLICATION ON THURSDAY, DECEMBER 28, 2000 AT 7:00 PM. ALL MEMBERS PRESENT WERE IN FAVOR OF THE
MOTION WHICH CARRIED BY A 6-0 VOTE.
ST. CABRINI HOME,
INC. - (2000-023) - 2110 Broadway,
West Park, NY
Site Plan Review
Tax SBL #79.002-1-21
St. Cabrini’s
representative, Mr. Cornacchini, 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 representative. It was noted that the Town of Esopus
Waterfront Advisory Board approved the project. The Ulster County Planning Board’s response was No County Impact
with the following non-binding comments:
1.
The following items should be considered in greater detail:
- Landscaping should be detailed.
- Site lighting should be glare shielded.
- Refuse disposal areas should be delineated
and appropriately enclosed.
- Alternate building access points (fire
doors) should have sidewalk connections to
drives or other paved areas.
- Fire access should be reviewed by the local
fire department.
2.
The Ulster County Health Dept. should be contacted for review of water
and sewer improvements
as well as kitchen facilities.
Mr. Cornacchini stated
that site lighting was shown on the site plan drawings. He noted that they were only proposing three
(3) small building lights and there are a series of street lights that exist. It was Miles Putman’s suggestion that they
get a casing that shields the front of the lights, maybe the lower third. Regarding landscaping and refuse, Mr.
Cornacchini noted that the site is pretty heavily treed already and stated that
they would be happy to put fencing around the refuse enclosure. It was the Planning Board’s feeling that the
site plan should be reviewed by the local fire dept. ROXANNE PECORA MADE A MOTION, SECONDED BY RUSS SHULTIS,
THAT THE PLANNING BOARD SEND THE APPLICATION FOR REFERRAL TO THE ESOPUS FIRE
DEPT. AND TO THE TOWN FIRE MARSHALL FOR INPUT AND RECOMMENDATIONS. ALL MEMBERS PRESENT WERE IN FAVOR OF THE
MOTION. MOTION CARRIED BY A 7-0 VOTE. Mr. Cornacchini also noted that the Ulster
County Health Dept. approval for the kitchen will come from the building permit
process.
VENDITTI - (2000-007) - Peters Lane; Esopus Ave.; Broadway, Ulster Park,
NY
2 Lot Re-Subdivision
Tax SBL #72.001-1-8.1
Mr. Venditti and his
surveyor, Mike Vetere, were 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 Mr. Venditti.
The Planning Board requested that the applicant complete and submit an
Agricultural Data Statement. It was
noted that the applicant did obtain an area variance from the ZBA in June 2000
which allows a building lot without 50’ of road frontage contingent upon a
legal 50’ rights of way which will provide adequate access to the lot. Discussion was had regarding the
right-of-way and driveway. ROXANNE
PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD
SCHEDULE A PUBLIC HEARING ON THIS APPLICATION FOR THURSDAY, DECEMBER 28, 2000
AT 7:15 PM SUBJECT TO THE SUBMISSION OF AN AGRICULTURAL DATA STATEMENT FOR THE
SAME. ALL MEMBERS PRESENT WERE IN FAVOR
OF THIS MOTION WHICH CARRIED BY A 7-0 VOTE.
R & S
ENTERPRISES OF LI, LTD. - (2000-019)
- 201 Swarte Kill Road, West Esopus, NY
Lot Line Revisions
Tax SBL #79.001-1-15 & 16
& 79.002-1-29
Wayne Graff, attorney,
represented the applicant at this meeting.
Miles Putman of Shuster Associates gave his application review on this
case. A copy of the same is on file and
a copy was given to Mr. Graff. Maps
were reviewed. New maps will be drawn
as discussed; i.e. they will continue to convey Martin Sweedish Road to Town,
show town line as a dotted line, and still have the little squiggle as shown on
the previous map that adjoins the parcels.
ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE
PLANNING BOARD REOPEN THE R & S ENTERPRISES OF LI, LTD. APPLICATION AND SCHEDULE A PUBLIC HEARING
FOR THURSDAY, DECEMBER 28, 2000 AT 7:30 PM PROVIDED THE BOARD HAS A FINAL PLAT
IN HAND BY DECEMBER 14. ALL MEMBERS
PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.
PRINZ - (2000-021) - 252 Broadway, Port Ewen, NY
2 Lot Subdivision & Lot Line
Adjustment
Tax SBL #56.375-2-2 & 23
Mr. Prinz was present
at this meeting. Miles Putman of
Shuster Associates gave his application review on this case. A copy of the same is on file and a copy was
given to Mr. Prinz. Discussion was had
regarding service connections to Lot 1.
It was Mr. Prinz’s feeling that water and sewer to the lot already
exist. Chairperson Coffey will speak
with Water & Sewer Superintendent Don Kiernan about this matter. Fred Zimmer suggested that Mr. Prinz have
the water & sewer shown on the map.
Mr. Prinz was advised that the Planning Board could take no further
action on the proposal until an area variance is obtained from the ZBA to
create the mixed-use Lot 2 as an undersized lot.
At
this time, Planning Board member Kathy Weitze excused herself from the meeting
as she did not feel well.
NEW BUSINESS
KELLY - (2000-028) - 877 Old Post Road, West Esopus, NY
2 Lot Re-Subdivision
Tax SBL #71.004--1-2.111
Mr. Kelly and his
survey, Mike Vetere, were present at this meeting. Miles Putman of Shuster Associates gave his application review on
this case. A copy of the same is on
file and a copy was given to the applicant.
A survey plat was submitted by Mr. Vetere this evening. It was noted that an approved curb cut onto
Rousner Lane for the vacant lot from the Town Highway Dept. would be
required. LINDA SMYTHE MADE A MOTION,
SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING
ON THIS APPLICATION FOR THURSDAY, DECEMBER 28, 2000 AT 7:45 PM. ALL MEMBERS PRESENT WERE IN FAVOR OF THE
MOTION WHICH CARRIED BY A 6-0 VOTE.
BREWER - (2000-029) - Martin Sweedish Road, West Esopus, NY
9 Lot Subdivision
Tax SBL #71.003-3-33
A representative of
the applicant was present at the 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’s representative. Since the layout of the proposal did not comply with the limits
on the length of a flag lot access strip, the Planning Board could take no
further action. It was suggested that
the Brewer application be redesigned or the applicant obtain area variances to
the requirements of 123-21.D.5 for Lots 1 and 2.
VICTORIAN
ASSOCIATES/RONDOUT HILLS - (2000-029)
- Martin Sweedish Road, West Esopus, NY
Plat Amendments
Tax
SBL #56.051-8-1 & 56.051-1-35, 36.11 & 37
There were several
representatives for the applicant at this meeting. Miles Putman of Shuster Associates gave his application review on
the case. A copy of the same is on file
and a copy was given to the representatives.
Miles felt the Planning Board was not only looking at a site plan
amendment, but also a composite subdivision plat amendment. Maps were reviewed. Victorian Associates’ representative stated
that the purpose of the map submitted with their application was to show the
Planning Board exactly where the existing buildings are and get a site plan
amendment for them in Sections A & B.
Fred Zimmer questioned how close the road profiles and alignments were
to what was approved. It was
Chairperson Coffey’s feeling that the time for the Planning Board to address
the roads is when the applicant comes back for further approval of Section C &
D; right now the application before the Board is to legitimize what
exists. Fred Zimmer wondered what the
current property owners’ deeds looked like and did they need to be
updated. The Victorian Associates’
representative stated that they very well may need updating. He knew that the last 6 or 7 closings have
been accurate, but what has happened before that he couldn’t say. He also indicated that he has been in
contact with the Homeowners’ Associations’ attorney and told him that once the
as built site plan was taken care of
then, as they find the problems, his client, to the extent that he can,
will execute corrected deeds.
Chairperson Coffey questioned the original Attorney General document
filings. The representative stated they
have a settlement agreement with the Attorney General’s Office which was signed
in August or Sept. The Planning Board
agreed that, at this time, it was only dealing with Sections A & B, and the
applicant would have to come back before the Board for subsequent approval for
Sections C & D. ROXANNE PECORA MADE
A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD SCHEDULE A
PUBLIC HEARING FOR DECEMBER 28, 2000 AT 8:00 PM ON THE VICTORIAN ASSOCIATES AMENDED COMPOSITE FINAL SUBDIVISION
PLAT FOR SECTIONS A & B AND REFER THE SITE PLAN AMENDMENT FOR SECTIONS A
& B TO THE ULSTER COUNTY PLANNING BOARD.
ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0
VOTE.
FEINBERG (ROUSNER FARMS) - (2000-031) - 60-70 Rousner Lane, West Esopus,
NY
Lot Line Adjustment
Tax SBL
#71.003-5-7 & 12
Mr. Paul O’Neil,
attorney, represented the applicant 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 Mr. O’Neil.
Mr. O’Neil was informed that he would need authorization from Ms.
Goldenberg to act on her behalf.
ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE
PLANNING BOARD SCHEDULE A PUBLIC HEARING ON THIS APPLICATION FOR THURSDAY,
DECEMBER 28, 2000 AT 8:15 PM. ALL
MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.
MISCELLANEOUS
BUSINESS
Presubmission Conf.
- MOUNTCO
Miles Putman of
Shuster Associates gave a brief review of this presubmission conference for
MOUNTCO regarding a possible senior citizen apartment complex off of Route 9W
in Port Ewen. A copy of the same is on
file and a copy was given to MOUNTCO’s representative, John Matteo. Mr. Matteo stated that they have walked the
site with the DEC, and they believe they could locate a development on the site
outside of where they think the wetland areas would be. He noted that one of the first things they
would do if they were to proceed would be to flag the wetlands in conjunction
with the state. Mr. Matteo noted that
at one point they had the Kelley property under contract, but they think this
site is a little bit wetter and harder to develop. They have made an offer for the Szymanski property, but do not
have a contract as yet. At this time,
Mr. Matteo gave the Board some background information on MOUNTCO. The Planning Board informed Mr. Matteo that
his first step with the Town would be to petition the Town Board for an
amendment to the zoning map covering the affected parcels.
20001 Membership
& Chairmanship
It was noted that
Roxanne Pecora’s term of office on the Planning Board as well as the
Chairmanship’s term of office expire on 12/31/00. Roxanne Pecora indicated that she was interested in continuing as
a member of the Planning Board. ROXANNE
PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD
RECOMMEND TO THE TOWN BOARD THAT MARILYN COFFEY CONTINUE AS CHAIRPERSON OF THE
BOARD FOR THE YEAR 2001. ALL MEMBERS
PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.
Adjournment
WITH NO OTHER BUSINESS
PENDING, LINDA SMYTHE MADE A MOTION, SECONDED BY JOHN MCMICHAEL, TO CLOSE THE MEETING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE
MOTION AND THE MEETING ADJOURNED.
Respectfully
submitted,
Kristy
L. Nelson
Secretary