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