BOARD MEMBERS PRESENT: John McMichael
Russ Shultis, Chairman
ABSENT: Linda Smythe
ALSO PRESENT: Miles Putman, Shuster Associates, Planning Board Consultant
At 7:05 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.
Chairman Shultis noted that on page 4 of the October 2003 meeting minutes, under Victorian Associates, Old Business, Mr. Valente’s name was misspelled. RUSS SHULTIS MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THE PLANNING BOARD APPROVE THE MINUTES OF THE OCTOBER 24, 2002 PLANNING BOARD MEETING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.
A MOTION WAS MADE BY ROXANNE PECORA AND SECONDED BY FRED ZIMMER TO ACCEPT ALL VOUCHERS SUBMITTED AND READ. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH PASSED BY A 6-0 VOTE.
The vouchers submitted and read were as follows:
Kristy L. Nelson...................(10/19/02 - 11/22/02)..............................................
Daily Freeman......................(Swarthout Public Hearing)................................... $ 14.07
Chazen Engineering............(Crane/Matthews Escrow Acct.)........................... $450.00
PUBLIC HEARING & 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. ROXANNE PECORA MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD OPEN THE PUBLIC HEARING ON THE SWARTHOUT APPLICATION, CASE #2002-18. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE. 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 then called for public comments. None were made. RUSS SHULTIS MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD CLOSE THE SWARTHOUT PUBLIC HEARING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.
At this time, Chairman Shultis advised the Board of a concern he had, an Order to Remedy Violation from the spring of 2002 issued by the Fire Inspector regarding this property. This information was brought to Russ Shultis’ attention by the Town’s Building Dept. Mr. Swarthout advised the Board that this matter was taken care of. Mr. Peters, the property owner, stated that all the work was done, an electrician signed off, and everything was sent in to the building inspector. Dennis Suraci commented that the size of the display for the roadside parking seemed a little small for a standard space. He also asked Mr. Swarthout if this roadside display was going to be lit. Mr. Swarthout said no. Dennis also questioned Miles Putman, the Planning Board’s consultant, on whether or not the Board should be concerned with the curbing, or lack of curbing, on this property. Miles felt this was a concern that had to be balanced against the scope of changes on the property and if it was a worthwhile issue to raise in terms of a burden placed on the landowner or the applicant. He stated that specifically for this site, if you attempted to channalize, you would really impact the traffic up at the deli and they might have to really adjust their parking in order to address this. Miles also noted that the County Planning Board, in their recommendation, did not comment on the curbing issue as a required modification. Chairman Shultis then reminded the applicant that the owner’s signature on the application was still required as requested at the prior Planning Board meetings. Richard Peters, the property owner, was present at this meeting and signed Mr. Swarthout’s Planning Board application. JOHN MCMICHAEL MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD GRANT APPROVAL OF THE SWARTHOUT SITE PLAN APPLICATION, TO ADD USED CAR SALES TO THE SITE OF THE EXISTING AUTOMOTIVE REPAIR SHOP, SUBJECT TO THE FOLLOWING RESTRICTIONS AND CONDITIONS:
A) A RESTRICTION OF ONE (1) DISPLAY SPACE ON THE SITE’S FRONTAGE,
AS SHOWN ON THE
PLAN DATED OCTOBER 8, 2002;
B) A RESTRICTION ON THE INSTALLATION OF DECORATIONS, SUCH AS STREAMERS,
AND BANNERS; AND NO ADDITIONAL STRUCTURES, SUCH AS NEW SIGNS; OR INSTALLATION
OF NEW OUTDOOR LIGHTING;
C) A RESTRICTION ON CUTTING AND REMOVAL OF VEGETATION ALONG THE
LINE WITHOUT PROVISION FOR REPLACEMENT PLANTINGS; AND
D) THE APPLICANT HAS TO SUBMIT TO THE PLANNING BOARD A NOTATION
TO THE EFFECT THAT
IF ANY FIRE INSPECTION VIOLATIONS EXIST ON THE PROPERTY, THEY HAVE BEEN
ADDRESSED TO THE SATISFACTION OF THE FIRE INSPECTOR.
ALL MEMBERS PRESENT ON THE PLANNING BOARD, WITH THE EXCEPTION OF FRED ZIMMER AND ROXANNE PECORA, VOTED IN FAVOR OF THE MOTION. BY A 4-2 VOTE, THE MOTION CARRIED AND THE SITE PLAN WAS APPROVED WITH RESTRICTIONS AND CONDITIONS.
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. JOHN MCMICHAEL MADE A MOTION, SECONDED BY RUSS SHULTIS, THAT THE PLANNING BOARD OPEN THE PEISCHEL PUBLIC HEARING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE. Chairperson Shultis called for public comments. None were made. RUSS SHULTIS MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THE PEISCHEL PUBLIC HEARING BE CLOSED. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.
The Peischels were given a sample copy of a notation on a map regarding their road parcel section of Cow Hough Road that was being proposed for dedication to the Town. Chairman Shultis called for any Board comments. None were made. FRED ZIMMER 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 FOR THE PEISCHEL PARCEL/SUBDIVISION, CASE #2002-20, SUBJECT TO THE FOLLOWING CONDITION:
THAT THE PLAT BE AMENDED TO REFLECT THE LABEL “LOT ROAD” AS “ROAD
PARCEL” ON THE FINAL PLAT FOR THAT SECTION OF COW HOUGH ROAD PROPOSED FOR
DEDICATION TO THE TOWN.
ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0
COSTELLO - (2001-03) - 427 Broadway; Catherine Street, Port Ewen, NY
Lot Line Revision
Tax SBL #56.020-3-5, 6, 8, 28.1, 28.2, 30 & 39
Mr. Costello and Steve DeSalvo were present at this meeting. Chairman Shultis explained that an application for a lot line revision for Mr. Costello was approved by the Planning Board back in Sept., however, the time period to file expired before he had the maps filed with the County. Russ noted that Mr. Costello was before the Planning Board this evening to ask for reapproval of the same. As a sample of prior situations of this kind, the minutes from the November 29, 2001, Planning Board minutes were reviewed which dealt with the reapproval of the Braunstein application. RUSS SHULTIS MADE A MOTION, SECONDED BY KATHY WEITZE, THAT THE PLANNING BOARD WAIVE THE PUBLIC HEARING FOR THE COSTELLO SUBDIVISION AND USE AN EXPEDITED PROCEDURE TO REAPPROVE THIS SUBDIVISION REAFFIRMING THE NEGATIVE DECLARATION PURSUANT TO SEQR, AND GRANT FINAL PLAT APPROVAL. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE. Maps were resigned.
EGGERS - (2002-19) - Off Schultz Lane, May Park Area, Town of Esopus,
Lot Line Adjustment
Tax SBL #56.19-2-19.12 & 19.13
Betsy Eggers was present at this meeting. A copy of Shuster Associates
application review was given to the applicant and a copy of the same is
on file. A revised sketch plan which was submitted by the applicant
were reviewed. This plan reflects a triangle portion of Parcel 2 being added to Parcel 1. Ms. Eggers indicated that she plans to purchase Parcel 1 with the addition and Parcel 3 from Mr. Zelnik. Chairman Shultis asked Ms. Eggers if she found anything in the deeds concerning access to the 50’ right-of-way off of Schultz Lane for any of the other surrounding landowners. Betsy Eggers stated that in some of the Planning Board notes from the old subdivision it stated that this road would be for access to parcel 1 & 2 of the subdivision. Russ Shultis then asked if anything was found pertaining to the lands of Callanans. Ms. Eggers indicated that the Callanan’s right-of-way actually was the land that ran along Alan Larkin’s land, and this would not have any effect on her right-of-way that comes off of Schultz Lane. Maps were again reviewed. Planning Board members were asked how they felt about keeping Parcel 1 as one parcel and Parcel 3 as one parcel. The Planning Board had no problem with this. However, the Board requested that Parcel 3, which currently consist of tax parcels 19.13 and 28.22, be merged into one lot. RUSS SHULTIS MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD APPROVAL THE REVISED SKETCH PLAN FOR EGGERS. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE. Ms. Eggers was advised to have a surveyor’s plat drawn up. Ms. Eggers, for the record, noted that she submitted a report from the DEC which indicated that no wetlands were present in the area.
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
Rick Valente, Chris Zell (Engineer) and Richard Riseley (Atty.) represented Victorian Associates at this meeting. Chairman Shultis explained that on October 23 a meeting was held at the project site with Chris Zell, Rick Valente, Richard Riseley, Mike Moriello (Atty.), Roxanne Pecora, himself, Peter Graham (Planning Board Atty.), Art Cross (Town Highway Superintendent), Wayne Graff (Homeowners’ Assoc.), and John Beisel to address Richard Riseley letter concerning the secondary access. At this same meeting, the current existing intersection to the project was discussed, and the plans in front of the Board tonight were submitted by Victorian Associates are a result of this meeting. These plans propose a remedy for the existing intersection which involves raising the pavement and putting in a traffic divider along with arrows and a stop strip. Chairman Shultis noted that he asked Art Cross to attend tonight’s meeting, but, unfortunately, he was not yet present. Russ also forwarded a copy of the revised submission to Nancy Clark of Chazen Engineering in order to keep her informed of what was going on. Maps were reviewed. Chris Zell explained that one of the problems with site distance is that people have a tendency not to pull up to where they should pull up to and make a 90 degree turn into the project. He felt a small island would force people to do this. Chris also felt that according to the aerial view and the profile, there would be no problem with site distance based on DOT specs with an 8” overlay. Roxanne Pecora felt that any proposed shrubbery at the intersection should be documented on the plan. Chris Zell stated that would be fine. Dennis Suraci felt that with this proposal the first two parking spaces would be lost in the paved parking area and wondered if the island could be made shorter. Chris Zell did not think parking spaces would be lost, but supposed the island could be made shorter. Fred Zimmer felt there were blind spots on the plan. Chris Zell stated that the contours were taken from the aerials, and they are relatively accurate, but not accurate to the nearest inch. He also added that they discussed an 8” overlay at the meeting held on site and that was what Art Cross said he could do. Fred Zimmer suggested getting rid of the rebarb especially with an 8” curb. Fred also felt signs were needed since people can’t always see the arrows. Chris Zell indicated that Art Cross stated at the Oct. meeting that he did not want signs. Wayne Graff felt the homeowners’ association would not want signs. It was agreed that this was a matter that should be discussed with Art Cross. Chairman Shultis will speak with Art and the homeowners’ association on this matter. Moving the stop bar out a little bit was also discussed. Chris Zell noted that another concern regarding this project was parking. As a solution to this concern, since the contours for Section D make any parking lot or off-street parking almost impossible, Mr. Valente is now proposing to have 3 parking areas per unit, two (2) outside and one (1) in the garage. Chairman Shultis asked Richard Riseley about his previously mentioning the possibility of retracting the application for ‘D’ and taking ‘C’ & ‘D’ together. Richard Riseley stated that basically they are dealing with concepts here and, at some point, they will make a formal application to modify the already approved site plan. Chairman Shultis noted that other concerns to be dealt with regarding this project were drainage and a secondary access. Roxanne Pecora commented that Art Cross said if the secondary access was moved 100’, he would approve it. Mr. Valente felt this would not be a practical solution. Mr. Riseley stated that if the Board was telling them this was a requirement, then they were out of there and they would let somebody else decide this thing. Chairman Shultis noted that he spoke with Bill Devine, the Planning Board Chairman at the time of the original approval in 1986, who clearly remembers that because this was a PUD, which they went through the rezoning for, there were certain criteria, one of which is two (2) entrances and exits. Richard Riseley noted that the secondary access was where it was supposed to be as shown on the approved site plan. Roxanne Pecora felt it was a safety issue where that entrance was. Richard Riseley made it clear that they were monkeying around with the other access/road to eliminate the west road, and if the Board was going to insist upon the west road being moved to the extent that it was, then they really didn’t have anything to discuss. At this time, Chairman Shultis informed the applicant’s representatives that since there were some questions concerning the proposed asphalt for the existing intersection, the Board would address the same and have comments for them next month and, in addition, he would have the Planning Board’s attorney at next month’s meeting to discuss the secondary road issue. Chairman Shultis again apologized for Superintendent Cross not being present this evening.
NEW BUSINESS - None
Presubmission Conf. - Sterngass
Mr. Sterngass and his attorney were present at this meeting. Miles
Putman of Shuster Associates, the Planning Board’s consultant, gave his
project review on this presubmission conf. A copy of the same is
on file and a copy was given to the applicant. Mr. Sterngass asked
what the impact of an escrow account would be. Chairman Shultis stated
that an escrow account would be setup to cover any consulting work done
by the Planning Board’s consultant, engineer, attorney, etc. A starting
estimate would be determined and, if necessary, additional deposits made.
Mr. Sterngass felt that central water for this project was feasible, but
central sewage would be prohibited. He explained that from an environmental
standpoint, he would be proposing to drill two (2) privately owned wells
to service all of the lots and his intent was to have this as a private association with each of the lots having individual septic systems. Chairman Shultis asked if it was Mr. Sterngass’ intention to have the road as a private road. Mr. Sterngass said yes. He was advised by the Planning Board that the road would have to be built to town specifications. Mr. Sterngass’ attorney noted that regarding the water, they would form a transportation corporation and go to the Town Board to ask for its approval. Miles Putman felt such a transportation corporation would be a private public service utility, that would be privately owned, and would need the Town and State’s blessing. Fred Zimmer questioned whether any adjoining property owner to the private road had rights to it allowing them to subdivide. Mr. Sterngass was then advised that the Town is in the process of adopting new subdivision regulations. He was also advised that his next step would be to file an application with a Full EAF and detailed sketch plan.
ZBA Referrals - None
A list of monthly correspondence received by the Planning Board was given to each Board member. The following items were discussed:
· Citivision/Hoop Heaven has requested the return of the monies
held in their escrow account for landscaping. Chairperson Shultis
visited the property, noted that all landscaping had been installed in
accordance with the site plan, and authorized the refund of any funds still
in the escrow acct.
· Planning Board membership term expirations (John McMichael & Chairmanship)were discussed. John indicated that he would be interested in continuing on as a Board member and Russ indicated the same for chairmanship. DENNIS SURACI MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD RECOMMEND TO THE TOWN BOARD THAT RUSS SHULTIS BE APPOINTED AS PLANNING BOARD CHAIRMAN FOR 2003 AND JOHN MCMICHAEL BE REAPPOINTED FOR ANOTHER PLANNING BOARD MEMBERSHIP TERM. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.
· Chairman Shultis noted that he forwarded a copy of the correspondence regarding the YMCA Camp to Stacy Delareed of the Y. Nothing has been found on file with the Town pertaining to permits/variances for this property. The Planning Board has received no formal application on this proposal.
Chairman Shultis noted that he had two (2) other presubmission requests, the Hutterians and Braunstein. However, the applicants were unable to make this evening’s meeting. Russ Shultis had the materials regarding both requests. It was the Board’s feeling that no presubmissions should be done without the applicants present.
WITH NO OTHER BUSINESS PENDING, RUSS SHULTIS MADE A MOTION, SECONDED BY JOHN MCMICHAEL, TO CLOSE THE MEETING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION. MEETING ADJOURNED.
Kristy L. Nelson