BOARD MEMBERS PRESENT: John McMichael
Russ Shultis, Chairman
EXCUSED: Kathy Weitze
At 7:03 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 LINDA SMYTHE, THAT THE PLANNING BOARD APPROVE THE MINUTES OF THE OCTOBER 23, 2003 PLANNING BOARD MEETING AS PREPARED. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.
A MOTION WAS MADE BY LINDA SMYTHE AND SECONDED BY ROXANNE PECORA THAT THE PLANNING BOARD 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..........(10/18/03 - 11/21/03)..........................................
Daily Freeman ............(YMCA Escrow)................................................ $ 16.49
Daily Freeman.............(Lighthouse Bluff Escrow)................................ $ 14.07
Chazen Engineering....(Wells/Gonce Escrow)....................................... $ 168.75
Daily Freeman..............(Martone Public Hearing Notice)..................... $ 14.07
Chazen Engineering....(ESP Land Dev. Escrow)................................... $ 225.01
Chazen Engineering....(Lighthouse Bluff Escrow)................................ $1,479.40
Chazen Engineering....(**Magliato Escrow)......................................... $ 424.76
**It was noted that the current balance in the Magliato escrow account was $360.99. Chairman Shultis asked Board Member Roxanne Pecora to note that before the Planning Board proceeds further with the Magliato application, Mr. Magliato would have to increase his escrow account.
December Planning Board Meeting
It was noted that due to the Christmas Holiday, there would be no Planning Board meeting in Dec. The next scheduled Board meeting will be held on Thursday, Jan. 22, 2004. The cutoff date for submissions for the Jan. meeting will be Thurs., Jan. 8.
YMCA OF KINGSTON - (2003-009) - 111 Burleigh Road, West Esopus, NY
Conditional Use Permit
Tax SBL #79.001-1-11 & 12
Representatives of the ‘Y’ were present at this meeting. This proposal is to re-activate the old 4H camp on the New Paltz town boundary. ROXANNE PECORA MADE A MOTION, SECONDED BY DENNIS SURACI, TO OPEN THE PUBLIC HEARING FOR CASE 2003-009, YMCA OF KINGSTON. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE. Chairman Shultis briefly reviewed the Y’s proposal and then opened the meeting up for public comments.
Bill Lambertson of 48 Burleigh Road presented a handout of criteria and concerns the residents of Burleigh Road had regarding the proposed use of the 4H camp by the YMCA. A copy of the same is on file. He stated that the neighbors have been talking to the Town of Esopus ZBA and Planning Board, as well as the Town of New Paltz, for a little over a year regarding this proposal and, basically, they feel that their requests and concerns have somewhat gone unheard. Mr. Lambertson asked the Planning Board to really listen to what the neighbors have to say. He stated that he believes in the YMCA program and is for kids organizations, but he did not think the Board could overlook the fact that there are some real safety concerns regarding the road. Included in Mr. Lambertson’s handout were memos/letters from the Town of New Paltz Highway Dept. and the New Paltz Fire Dept. talking about concerns of being able to get safety vehicles down the road. Mr. Lambertson then elaborated on a couple of accidents that have occurred on Burleigh Road in the past few years that he has lived there. He added that the residential area had changed quite a bit since the camp was in use a while ago; there are a lot more homes on the road today and a lot more kids that are out using the road. One of the neighbors’ main concern was that although the residents that live on Burleigh Road taken caution, they are afraid there will be accidents because of a lot of people driving on the road that are not use to it or familiar with it.
At this time, Chairman Shultis referred to the following correspondence received by the Board pertaining to this application:
· Petfield to Planning Board dated 11/7/03 listing their concerns
with YMCA proposal.
· Ulster County Legislature to Board Chairman dated Aug. 14 in support of the Y proposal.
· Johnson to Planning Board dated 11/20/03 in support of the proposal.
· Colell to Planning Board dated 11/20/03 with concerns about the Y proposal.
Copies of the same are on file.
Dave Petfield of 100 Burleigh Road presented pictures to the Board showing
the road going to the camp. Copies of the same are on file.
Mr. Petfield added that he has a building lot fairly close to the 4H camp
beyond the finished house that he has now, and noted that the section of
Burleigh Road by this building lot is extremely narrow. He stated
that if the Y camp goes in, it would be fairly safe to say that he would
not be building on that lot.
Board member Linda Smythe did not feel the Planning Board had any power over the widening of the Burleigh Road. Chairman Shultis noted that the Petfield’s letter references the zoning code for site plan and part of the elements of a site plan is access which is the issue the neighbors are raising. The neighbors feel the road is inadequate to service what the YMCA is proposing. Linda noted that school buses travel on the road now. Board member John McMichael had a concern about evacuating kids out of the camp on buses in the case of an emergency at the same time you would be running a fire truck in. John then referred to a letter from Peter Graham, the Planning Board’s attorney, which stated that it was his legal opinion that a user road may be widened by the Town Highway Superintendent to make the road safer pursuant to Highway Law Section 180. The letter also stated that, according to a subdivision map, it appears that Burleigh Road is a dedicated road and as such the width of the right-of-way may be no less than 49.5’. Peter Graham added that if the map was mistaken about width, the Town of New Paltz may acquire the necessary property to widen the road by easement or eminent domain. A copy of Peter Graham’s letter is on file. John McMichael felt the road problem was real, but felt New Paltz could solve it. Chairman Shultis pointed out that the buses would not remain on site. Fred Zimmer asked how many buses use Burleigh Road per day now and where do they turn around. Bill Doughman of the YMCA stated that right now there are two buses in the morning and 2 in the afternoon that service the elementary students, and they currently turn around in what would be the Y’s proposed bus parking lot on the 4H camp property. The high school and middle school students, because of distance requirements, are allowed by state law to walk further. Mr. Doughman believed these students walk to the end of Burleigh Road and pick up a bus there.
At this time, Chairman Shultis asked Dave Petfield to indicate where the pictures were taken that he gave the Board on a subdivision map that Russ had that Peter Graham referred to . Mr. Petfield did so. Russ Shultis then asked Mr. Petfield who he thought owned the 50’ strip noted on the subdivision map. Dave Petfield believed he owned it. Next, Chairman Shultis referred to the 1982 NY Opinion of the Attorney General which stated that if the road is, in fact, a highway by use, then the width of the prescriptive easement so acquired has generally been held to include the portion actually used, along with the traveled portion and whatever land is necessarily used or incidental thereto for highway purposes. This has been held to carry with it, in addition to the traveled way, the shoulders and the usual width of the highway in the locality or such width as is reasonable necessary for the safety and convenience of the traveling public and for ordinary repairs and improvements. A copy of this opinion is on file.
Josh Honig of 80 Burleigh Road felt SEQR deals with the impact of a project on the surrounding area, and the surrounding area would include the road. Mr. Honig also felt that when the Board makes a decision on a project, it should be based on facts and laws, not emotions. He stated that getting a letter from the Ulster County Legislature means nothing; he would rather get a letter from the Ulster County Planning Board. Josh added that in the back of his mind from years and years ago, he believes the 50’ strip referred to on the subdivision map was for Central Hudson since they were planning on running some major power lines through there.
Chairman Shultis noted that this application still needs to be referred to the Ulster County Planning Board for their comments and recommendations.
Joel Goldstein of 686 Albany Post Road and a YMCA Board member empathized with the desire to keep the property status quo, but noted, however, that Burleigh Road is not a private driveway. Mr. Goldstein stated that the Y shares and hopes to accommodate the neighbors’ concerns about the safety of the kids. He added that kids come first at the Y, they have been serving them across the county since the 1860’s, and the Y has run three camps simultaneously in Ulster County for decades without a serious vehicle injury ever. Joel Goldstein stated that the Y would do everything possible to insure the safety of both campers and the children residing in the area.
Seth McKee of New Paltz was in favor of the YMCA proposal since it is a resource for Ulster County’s families and the only affordable day camp in the area. He felt this was a great use of existing improved land and asked that it be kept in perspective that it will be dorminant 10 months of the year.
Annette Ackert of 70 Burleigh Road concurred with Mr. Lambertson.
She also presented to the Board a letter from herself and two other residents
of Burleigh Road concerning safety issues. A copy of the same is
For the record, Christy Burda of 61 Burleigh Road also concurred with Bill Lambertson regarding the safety issues.
Carol Roper of 6 Holland Lane in New Paltz and former Town of New Paltz Supervisor and Town Board member (and YMCA Board member) noted that some years ago a previous highway superintendent came to the Town Board and wanted to make some improvements on Burleigh Road, however, the residents from Burleigh Road came to the Town Board meeting and asked that Burleigh Road not be improved, they liked it the way it was. Chairman Shultis asked Ms. Roper if she felt the superintendent at that time had the right to widen Burleigh Road. She said yes. Dave Ackert of Burleigh Road commented that only 1 residence (Zack) did not want the road widened at that time, and the Town did improve the road except for that part of it that was a part of the Zack farm because there were white picket fences on both sides of the road. Chairman Shultis asked Ms. Roper if she had a time frame for that meeting she mentioned previously. Carol Roper felt is was probably 7-8 years ago. Russ Shultis asked Ms. Roper to call the Town Clerk’s Office with a time frame.
Greg (inaudible) of Woodstock who is on the program committee for Cooperative Extension stated that he has fond memories of his daughter going to this 4H camp. He was glad the property was being returned to its original purpose, and he loved the Town of Esopus’ motto, ‘Our children are our future’. Greg felt we need lots of things like this for kids these days, and it would be criminal not to let this proposal happen. He added, regarding the road, that the neighbors should be before the New Paltz Town Board asking about improving the road. Greg reminded the public and the Planning Board that 4H right now can use this facility for almost everything it wants except a summer camp. He felt this was not an issue of what was going to happen to the site, but it sounded to him that it was an issue of what happens to the condition of Burleigh Road.
Paul (inaudible) of 65 Burleigh Road noted that at the Zoning Board meeting Cooperative Extension did make a point that they would use the facility the other 9 months of the year and just now it was presented that the property would only be used for 8 weeks out of the year. He wondered if there would be any stipulation that Cooperative Extension would not be using the site for the other 9 months of the year for whatever purpose. Chairman Shultis indicated that the application before the Planning Board is for a summer camp to run for 8 weeks with probably a week for prep and a week for closure. Russ stressed to the public that if an application is approved and they feel there was any change of use in that application, they can take their argument to the Zoning Enforcement Officer who will determine whether there is or is not a violation.
Lou Klein of Kingston, one of several Board members from Cornell Cooperative Extension present at this meeting, stated that they would just like to be recorded as being present and in support of the application.
Annette Kaple of 66 Burleigh Road stated that she was in support of the Y, but had concerns for the safety of the neighborhood kids as well as the camp kids because of the road. She told about her three bad experiences on Burleigh Road in the last 5 years. Chairman Shultis noted that it was his understanding that buses would load at a local church, leave together, proceed up the road single file (no passing of the buses at any point of time), pull into the lot, the kids would discharge, and then the buses would leave single file in a row.
Lou Casciaro of Woodstock and a member of the Corporate Board of the YMCA in Kingston expressed his support for the approval of this project along with the other members of the Board.
John Fitzpatrick of Accord, NY and a member of the Cooperative Extension Board stated that it seemed to him that this would be a good opportunity to widen Burleigh Road to correct the dangers that exist now. He suggested that the residents contact the Town of New Paltz.
Estell (inaudible) of No. Ohioville Road had a question about the buses
turning around. Chairman Shultis explained that the buses would proceed
to the camp, park in the designated spots as shown on the site plan, the
kids would depart the bus, and then the buses would leave. This would
happen twice a day. Estell asked where the buses turn around now.
Russ Shultis stated that it was his understanding that the buses now turn
around in the 4H camp.
David Clayton of 56 Burleigh Road concurred with Mr. Lambertson’s presentation on the safety issues.
Josh Honig asked how the YMCA plans to address any parents’ day and would Cooperative Extension still allow the school buses to turn around on their property. He also questioned the continuation of use since 4H did not bring kids in on a daily basis, it was more for a week at a time. In addition, Mr. Honig wondered how many people per month would be using the facilities as opposed to how many people were using it then. Chairman Shultis noted that with a conditional use permit, the Planning Board can put certain conditions on it and they can address the issue of an open house. Russ then stressed that in an R40 district, which this property is, the current zoning code allows for a children’s summer camp, however, it was determined through the Town’s zoning code that the YMCA had to come before the Planning Board for a conditional use permit since the use had expired for a certain period. In addition, it was noted that the number of residents being proposed is 220 with a staff of 35 and the 20 parking spaces shown on the site plan were a result of the ZBA’s ruling. Chairman Shultis did not address the bus turn around issue.
Mr. Lambertson noted that this whole processing was doubly frustrating because the camp is in the Town of Esopus and the access road to the camp resides in the Town of New Paltz. He requested that this application be contingent upon something being done with the road in the Town of New Paltz.
Seth McKee suggested having a conversation between the Chair of the Esopus Planning Board and the Chair of the Town of New Paltz Planning Board on this situation. Chairman Russ Shultis noted that letters were sent in March, April, May and June to Don Whilen, the Town of New Paltz Supervisor, keeping him abreast of this application. In addition, this application is a type 2 under SEQR, therefore, the issue of a coordinated review was addressed by the Esopus Planning Board and by a 4-2 vote, the Board felt there was no need to involve the New Paltz Planning Board because of the location of the camp, primarily on the lands contained in Esopus. Russ Shultis added, however, that he was certainly open to sitting down with anyone and discussing the proposal.
A YMCA representative noted that at the ZBA’s public hearing, the Chairman of the Town of New Paltz Planning Board was in attendance, and they are aware of what this application is about.
Bill Doughman of the YMCA requested that an email in support of the proposal from Tamara Natoli dated Sun., Nov. 23, sent to him be enter into the record. He then address some of the issues brought up at tonight’s meeting, and submitted to the Board a letter dated Aug. 15, 2003 to the Town of Esopus Zoning Board of Appeals from David Clouser & Associates, the YMCA’s engineer, responding to the ZBA’s Public Hearing comments.
WITH NO FURTHER COMMENTS TO BE MADE, RUSS SHULTIS MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PUBLIC HEARING BE CLOSED. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.
LIGHTHOUSE BLUFF - (2003-015) - 240-280 River Road, Ulster Park, NY
Major 7 Lot Subdivision
Tax SBL #64.003-2-12
Steve Sparaco of Leonard Jackson Associates and Chuck Genth represented
Lighthouse Bluff at this meeting. LINDA SMTHE MADE A MOTION, SECONDED
BY ROXANNE PECORA, TO OPEN THE PUBLIC HEARING FOR LIGHTHOUSE BLUFF, CASE
#2003-15. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED
BY A 6-0 VOTE. Chairman Shultis reviewed Shuster Associates project
review on this application. Secretary Kristy Nelson noted that one
of the adjoining owner’s public hearing notice was returned today as undeliverable.
However, it was noted that in addition to adjoining owner’s being notified
a public hearing notice was placed in the Kingston Freeman in the legal
ads. Chairman Shultis called for public input.
Seth McKee of Scenic Hudson who owns neighboring land commended the developer for using underground utilities and thought the public access to the historic cemetery was a wondered idea. Scenic Hudson’s chief concerns were the visibility of the development from River Rd., from the public lands along the river, and from the Hudson River and drainage and stormwater runoff. Seth felt Lots 4 & 5 broke the ridge line in the visual simulation and urged the Planning Board to verify that these are the best locations for those homes. He also suggested some sort of permanent protection for the trees along River Road to preserve the quality of the view from River Road and from the Hudson River like a conservation easement limiting tree cutting, ensuring that the steep slopes are never developed in the future, and providing limited view corridors. In addition, Seth McKee felt the drainage system was pretty complex and suggested setting up some sort of special district for drainage. He also wondered if sidewalks within the facility would be possible.
WITH NO FURTHER COMMENTS TO BE MADE, FRED ZIMMER MADE A MOTION, SECONDED BY LINDA SMYTHE, TO CLOSE THE PUBLIC HEARING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION.
YMCA OF KINGSTON - (2003-009) - 111 Burleigh Road, West Esopus, NY
Conditional Use Permit
Tax SBL #79.001-1-11 & 12
This proposal is to re-activate the old 4H camp on the New Paltz town boundary. Chairman Shultis called for Board questions and comments.
Fred Zimmer stated that he would like to know if the residents of Burleigh Road have requested the Town of New Paltz to make improvements to that road within the last five (5) years.
Dennis Suraci wondered the reason behind the Town of New Paltz’s Highway Superintendent’s statement that Burleigh Road cannot be widened as made in his memo dated July 15, 2003. Dennis also asked if the 4H camp would be open when the why is not. A 4H representative stated that 4H is not running a camp and it has no plans to open a camp. 4H has had activities during the past 10 years and probably would continue to do so, but not during the 8 weeks that the Y camp is running. It was noted that 4H generally has not run events that have used buses. Dennis Suraci commented that the buses that would carry the children back and forth to the YMCA would be running when the school buses were not.
John McMichael asked who the camp was intended for. Bill Doughman stated that approximately 70% of the children are from the New Paltz area and the balance come from Highland, Rosendale, and Plattekill.
Roxanne Pecora would like the Planning Board to seek a letter from the Esopus Fire Dept. regarding this proposal. She would also like to get Art Cross’ opinion in writing on Burleigh Road.
Chairman Shultis felt the Planning Board was not ready to act on this application tonight since there were still items that needed to be addressed. RUSS SHULTIS MADE A MOTION, SECONDED BY DENNIS SURACI, THAT THIS APPLICATION BE SENT TO THE ULSTER COUNTY PLANNING BOARD FOR THEIR COMMENTS. ALL MEMBERS, WITH THE EXCEPTION OF LINDA SMYTHE WHO VOTED NO BECAUSE SHE WAS WILLING TO VOTE ON THE APPLICATION TONIGHT, VOTED IN FAVOR OF THE MOTION WHICH CARRIED BY A 5-1 VOTE.
Dennis Suraci asked about the Y’s evacuation plan. Bill Doughman
stated that they are required to file a safety plan with the County and
in this they have to have designated evacuation/safety areas depending
on the situation. This, however, has not yet been generated, but
a copy will be given to the Town when it is established.
Dennis then asked Ron Bruck of the Esopus Fire Dept. if he was familiar with the site. Mr. Bruck indicated he was and noted that he was the fire chief when the 4H camp was in operation. Ron also noted that they had a pre-arranged arrangement with the New Paltz Fire Dept. and County Fire Control where New Paltz would be dispatched at the same time that Esopus was because New Paltz could get there quicker. There was also a condition where the children would evacuate the building, go to a designated safe area, head count would be taken, and the counselors would report to the Fire Dept. There were no problems that Ron could remember.
Chairman Shultis noted that the Planning Board’s engineer’s initial
review was based upon the plan prior to the amendment because of the ZBA
parking so the revised plan will have to go back to the engineer to look
at the site disturbance to see if it falls within the SPEDES regulations.
Engineer Nancy Clark requested that the revised plan show proposed grading
and map limit of disturbance on the grading plan. Russ Shultis suggested
the Y’s engineer contact Nancy Clark. ROXANNE PECORA MADE A MOTION,
SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD SEND THE PROJECT MATERIALS
TO CHAZEN ASSOCIATES FOR REVIEW OF THE ENGINEERING DESIGN. ALL MEMBERS
PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE.
LIGHTHOUSE BLUFF - (2003-015) - 240-280 River Road, Ulster Park, NY
Major 7 Lot Subdivision
Tax SBL #64.003-2-12
Steve Sparaco of Leonard Jackson Associates and Chuck Genth represented Lighthouse Bluff at this meeting. At Fred Zimmer’s request, Steve Sparaco reviewed the drainage pertaining to this project. Discussion was had regarding that portion of the site that is proposed to be given to the Town. Depending on the issue with Ulster County and them owning 25’ from the center of the road, Fred Zimmer felt there would not be much land left that would be above water. He felt it would be a better deal, if Ulster County owned the land, since then the Town could use it, but the County must maintain it. Linda Smythe was concerned about the right-of-way to the cemetery and parking. Maps were reviewed and the cemetery parking was pointed out. Chairman Shultis noted that he spoke with Highway Superintendent Art Cross regarding the drainage. Art provided a letter to the Planning Board dated Nov. 20, 2003, regarding the same. A copy of which is on file and a copy was given to Mr. Sparaco. It was Art’s opinion that the Town is not equipped to handle the maintenance of the retention ponds. He also feels that the Town should not be put into a situation where, if this application is approved, the cost of maintenance of the ponds and so forth is a burden to the tax payers and a benefit to seven (7) homes. Chairman Shultis advised Steve Sparaco to pursue the establishment of a drainage district with the Town’s Supervisor, Ray Rice. Steve indicated that they had no problem making a district. Art Cross also requested a second access to the cemetery so maintenance can get mowers in, possibly on the northern side.
ESP LAND DEV., INC. - (2003-008) - 75-77 Ulster Avenue, 1-5; 7-8 Fawn
Meadows Road, Ulster Park, NY
Minor 4 Lot Re-Subdivision
Tax SBL #63.004-3-11.34
Patty Brooks of Brooks & Brooks, PC, was present at this meeting
for the applicant. 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 Ms. Brooks. Patty Brooks noted that road cost details would
be prepared by the applicant’s engineer and supplied to the Planning Board
engineer. Patty also noted that she received a fax from the Planning
Board’s engineer dated Nov. 24, reflecting three (3) minor comments that
need to be addressed. ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA
SMYTHE, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING FOR THURSDAY,
JANUARY 22, 2004, AT 7:10 PM. ALL MEMBERS PRESENT WERE IN FAVOR OF
THE MOTION WHICH CARRIED BY A 6-0 VOTE.
CITIVISION - (2003-004) - 126 Carney Road, Rifton, NY
Site Plan Amendment - New Chapel/Multi-Use Building
Tax SBL #63.003-3-17 & 18
Attorney Joseph Pisani and Citivision Camp Director Chris Kotsogiannis
represented the applicant at this meeting.
Before opening the floor up to the applicant, Chairman Russ Shultis addressed some unfinished business pertaining to Citivision. For Board Member Roxanne Pecora, Chairman Shultis read the following motion made and passed on the Dec. 19, 2000 by the Zoning Board of Appeals: MOTION BY STEVE BRITTON that with respect to the fourth question raised by the appellants: the determination of the Zoning Board of Appeals is that a children’s camp is a lawful existing use of the CitiVision property based upon statements made during the Board’s public hearing; based upon Mr. Britton’s personal knowledge that the children’s camp is still operating; based upon CitiVision Exhibits #2, 3, 5, and 6; the application review from the Planning Board from Shuster dated March 1998 that refers to a camp on pages 2, 3, and 4; two letters from the former executive directors of Goddard Riverside; and the Ulster County short environmental assessment form 3 of 1998. For Board Member Linda Smythe, Chairman Shultis read into the record a letter dated November 21, 2003, to the Planning Board from Rob and Iza Hare which was a clarification concerning the noise issue at CitiVision this past summer. The letter stated that they felt it was important to understand that the case before the court was never tried and that the noise issue never determined; the dismissal was due to a technicality. A copy of this letter is on file. Next, Miles Putman of Shuster Associates briefly reviewed his project review for this application. A copy of the same is on file and a copy was given to Mr. Pisani. In the review, Miles noted that the applicant, last month, requested tabling action on the application until a revised submission was made. The new submission would encompass a smaller-sized multi-purpose building (12,500 sq. ft., reduced by 5,000 sq. ft.), with the applicant installing sound-proofing measures to two existing structures, and unenclosed pavilion and the basketball enclosure. Chairman Shultis felt that because the pavilion and basketball court were to be enclosed, which he feels are improvements, he would like to see site plans for them before any building permit is issued. Fred Zimmer felt the concept of the project has now changed and because of the revised submission, another public hearing may be warranted. Discussion was had. RUSS SHULTIS MADE A MOTION, SECONDED BY ROXANNE PECORA, THAT THE PLANNING BOARD SCHEDULE A PUBLIC HEARING FOR CITIVISION ON JANUARY 22 AT 7:20 PM.
RUSS SHULTIS............YES JOHN MCMICHEAL.............NO
FRED ZIMMER............YES DENNIS SURACI...................NO
ROXANNE PECORA...YES LINDA SMYTHE...................NO
BY A 3-3 VOTE, THE MOTION NEITHER PASSED NOR FAILED.
Dennis Suraci asked Mr. Pisani if another site plan would be filed for
what is being proposed for the pavilion and basketball court. Joe
Pisani thought they were automatically referred to the Planning Board by
virtue of the Zoning Board decision. Chairman Shultis stated yes
they were, but an application has to be submitted to the Planning Board.
Mr. Pisani stated that he would make a formal application on the two buildings,
but requested that this application proceed for the reduced sized multi-purpose
building. Fred Zimmer felt they should be done simulanteously.
Next, Chairman Shultis discussed Citivision’s architect’s letter pertaining
to the sound proofing. A copy of the same is on file. It was
noted that material for the interior had not yet been defined. Russ
Shultis felt the applicant should be requested to provide the interior
materials to be used. Chairman Shultis noted that the reduced multi-purpose
building would have 19,640 sq. ft. of area inside; 12,500 on the 1st floor
and 7,140 on the second. Roxanne Pecora felt this application would have
to go back to the Board’s engineer regarding the acoustics. Dennis
Suraci wondered if the Planning Board could ask the applicant to revise
his application to include the other 2 buildings. He thought there
would be comments on the other 2 buildings being sound proofed that the
present application would be contingent upon since the applicant’s letter
to the Board said they were reducing the multi-purpose building to spend
the money on the other buildings. Joe Pisani disagreed. He
felt the existing building had been scrutinized and stands on its own.
He brought the other 2 buildings in only to demonstrate that they are trying
to deal with the problem. Mr. Pisani felt linking the construction
of the existing
proposal to the other 2 buildings would be improper. Miles Putman commented that it was his understanding that a change in a site plan or subdivision has to be evaluated by the Board, and the Board would be proper to consider another hearing if it believes the changes were done in response to public comments and it feels that the Board wants to see if the public comments have been addressed or if they are changing at all. Chairman Shultis requested that Citivision finalize the details of the interior wall design with their architect and submit the same for the Jan. Planning Board meeting. Dennis Suraci asked not to get just the individual STC rating of the installation, but the wall as a system. Chairman Shultis will be contacting the Planning Board’s attorney before the Jan. meeting with questions pertaining to this application. Joseph Pisani indicated that Citivision would be formalizing the application for the other 2 buildings. RUSS SHULTIS MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE APPLICANT ADD ANOTHER $500 TO CITIVISION’S ESCROW ACCOUNT TO COVER LEGAL EXPENSES. BY A 6-0 VOTE, THE MOTION CARRIED. Dennis Suraci noted that the site plan needs to be updated to reflect the reduced size of the building. In closing, Chairman Shultis quoted NY State Law Section 274A.4, “Conditions can be put on site plans.”
BUSH - (2003-32) - 268 Hardenburgh Road, Rifton, NY
Conditional Use Permit - Two-Family Dwelling
Tax SBL #71.030-4-22
Mickey Bush is requesting approval of a conditional use permit to legitimize an existing two family residence. Mr. Bush was present at this meeting. Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review on this case. A copy of the same is on file and a copy was given to the applicant. It was noted that a more detailed, accurately drawn plan of the site would be required, and the applicant would also need to go before the Zoning Board of Appeals for an area variance(s). This application would also require referral to the Ulster County Planning Board. Chairman Shultis noted that he found, in the Town’s records, the granting of a zoning variance in May 1976 to construct an addition to M. Bush’s residence which would project closer to the road than permitted. This variance pertained to Building Permit #1583 for a 12’ x 26’ addition. Russ felt this addressed any issues regarding setbacks as far as the 76 addition went. Dennis Suraci asked Mr. Bush if he ever got a C/O for the 1976 addition. Mr. Bush was unsure. Mickey Bush stated that besides the front addition, he put on a 20’ x 20’ addition in the back for which he had a building permit. Dennis then asked if either of these two building permits addressed the two-family dwelling. The applicant said no. Chairman Shultis then noted that Mr. Bush’s other option would be to convert the building back to a 1 family dwelling. Mickey Bush asked how he would go about converting the house back. Chairman Shultis advised him to get with the building dept. who should be able to tell him what he would be required to do to do that.
LANE - (2003-33) - 56 Main St., Esopus, NY
Site Plan - Establish Automotive Services
Tax SBL #72.009-4-18
This application is for site plan approval to establish a custom automotive
service, the conversion of vans and other vehicles for accessibility.
Applicant Arthur Lane and Draftsman Charles Wesley were present at this
meeting. Miles Putman of Shuster Associates, the Planning Board’s
consultant, gave his project review on this case. A copy of the same
is on file and a copy was given to the applicant. It was noted that
a use variance had already been obtained by the applicant from the ZBA
for this proposal. Miles’ report suggested drawing details that should
be added to the plan should include the location of the water supply well,
a construction detail for the proposed dumpster enclosure, detail drawings
and diagrams for planting, a schedule of proposed landscaping; identification
of all abutting landowners and provision of a location map inset.
This application would also have to be referred to the Ulster County Planning
Board. Charlie Wesley noted that the well is located inside the building
in the area that is labeled office. Regarding screening on the north
end of the property, Mr. Wesley stated that this would be a
problem since delivery trucks coming in with mail for the adjoining Post Office use the pavement. A photograph showing the proposed type of screening to be used was provided along with a cost estimate. Charlie Wesley noted that the dumpster enclosure would be a 6’ high stockade fence which was noted on the plan. Dennis Suraci indicated that he would like to see gates on the dumpster enclosure. Charlie Wesley will update the dumpster note to include the gate detail. Chairman Shultis asked what chemicals, if any, does Mr. Lane plan to store on site. Mr. Lane indicated it would mostly be spray cans of paint, a lubercation type of thing, and wax cleaners. Russ Shultis suggested that if any Board member would like to see the type of business Mr. Lane runs they should visit the building he now operates out of on Route 9W. Arthur Lane indicated that he would not be painting cars, the tops are sent out. He does not have a spray booth. He does van conversions for handicapped people. Parking was discussed. Arthur Lane noted that he has 4 employees. Charlie Wesley noted that the parking shown is mainly for customer parking. Storage would be inside the building or in the sheltered parking area in the back for the most part. Chairman Shultis noted that the Board has had problems with other applications regarding parking so he was concerned with the proposed parking and the fact that Mr. Lane has 4 employees and himself. He noted that, if this application is approved, and any violation of the parking occurs, he would go directly to the Zoning Enforcement Officer. Dennis Suraci suggested numbering at least 3 or 4 of the bays as parking spaces as well as indicate the number of vehicle parking spaces available under the sheltered parking. Mr. Lane presented a drawing of the 18’ x 24’ plastic, luminated (by LED’s) sign he proposes to put on the brick face of the building. Mr. Lane noted that there is an existing lightpost out front that is 100 times brighter than the sign. Chairman Shultis asked the applicant if he plans on changing the existing lighting. Mr. Lane said not really. Russ Shultis asked if the existing lighting could be shielded. Ron Bruck of the Esopus Fire Dept. noted that the light out front is the Town’s light and the light out back is a motion light on a switch, it is not on all the time. Ron Bruck also noted that there really are no neighbors in the back; it all woods. Arthur Lane added that there are existing security motion lights under the rear of the building with surveillance cameras. Chairman Shultis suggested these be shown on the map. Roxanne Pecora suggested putting a condition on any approval regarding the hours of operation for lighting the sign. Miles Putman noted the ZBA set hours of operation for the business. Russ Shultis read the ZBA’s variance decision. Chairman Shultis asked about the existing interior drain in the facility and if Mr. Lane plans on keeping it open. Mr. Lane said yes. There was some question as to whether a separator was needed for this drain. Dennis Suraci felt the interior drain came under the Building Inspector’s jurisdiction. Russ Shultis advised Mr. Lane to run this matter by the Building Dept. Arthur Lane presented, to the Board, a petition with neighbors’ signatures saying they do not really have any major concerns with the plan that is proposed. RUSS SHULTIS MADE A MOTION, SECONDED BY FRED ZIMMER, TO REFER THIS APPLICATION TO THE ULSTER COUNTY PLANNING BOARD. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 6-0 VOTE. ROXANNE PECORA MADE A MOTION, SECONDED BY DENNIS SURACI, TO WAIVE HOLDING A PUBLIC HEARING ON THIS APPLICATION. BY A 6-0 VOTE, THE MOTION CARRIED.
SACCOMAN - (2003-34) - 107 & 108 River Road, Ulster Park, NY
Lot Line Adjustment
Tax SBL #56.020-3-19, 20 & 21
This application is for a lot line adjustment involving an oversized residential lot, two undersized parcels, a seasonal dwelling, and a proposed right-of-way. The affected properties straddle River Road. Mr. & Mrs. Saccoman and Draftsman Charlie Wesley were present at this meeting. Miles Putman of Shuster Associates, the Planning Board’s consultant, gave his project review on this case. A copy of the same is on file and a copy was given to the applicants. Maps were reviewed, and Charlie Wesley explained the proposal. It was noted there were separate deeds for all three lots involved in this proposal. Charlie Wesley explained that the reason for this proposal was to create a parking area on Lot 2 that would be used for the purpose of the cottage on Lot 1. Adding the triangle parcel to Lot 2 was for safety in turning around in the parking area. The triangle right-of-way shown, only because Mr. Welsey wanted to tie it to the surveyor’s map, was a suggestion by the applicants’ attorney for the purpose of circumventing going before any Board. However, the Saccoman’s would rather own the triangle piece. After reviewing the maps, Planning Board members suggested removing the labeling of the proposed retaining wall as shown along the triangle piece. It was noted that access into the new parking area would be subject to the approval of a Highway Work Permit from the Ulster County Dept. of Highways and Bridges, and this must be shown on any subdivision map. Fred Clark, the applicant’s brother, believed there already was an access to the parking parcel because the County put in the drainage ditch. Chairman Shultis advised the applicant to see what was on file with the County and, if there is documentation showing access, provide the Board with a copy of the same for the file. In addition, this application would have to be referred to the Waterfront Advisory Board for their review. The Planning Board advised the applicant to obtain a subdivision map prepared by a licensed surveyor showing the proposed lot line adjustment combining the triangle piece with Lot 2 and Lot 1 as one, as well as the remainder of the Clark property, tax lot 20, on a suitably-scaled inset (if no survey exists of this parcel). In addition, a bulk zoning block, owners’ consent to file block, planning board approval block, and a site location map would need to be included. It was suggested that the new deed reflect that both pieces on either side of the road be put together in one so they can’t be separated, assuring that whoever buys the cottage has a place to park.
HADSEL (LETUS) - (2003-35) - 9 Liese Lane @ 195 Ulster Ave., Ulster
Condition Use Permit - Auto Repairs & Sales
Tax SBL #63.002-2-2.1
This application has been made for approval of a conditional use permit that would legitimize an existing motor vehicle repair shop. The use (Donnaville’s Auto Repair & Mobile-Tech Transmissions) is being conducted in an existing non-residential building on a 2.8 acre lot in the LI District. The property is also developed with a residence and a separate barn. The applicant also wishes to sell used vehicles from the site. A copy of Shuster Associates review for this application is on file and a copy was given to the applicant. Chairman Shultis noted that there were a lot of issues for the applicant to deal with. Mr. Hadsel noted that there was a big discrepancy because when he first filled out the application he didn’t put in detail what the business actual was. He noted that the business that is left there is an automobile shop and the used cars would be classic cars, probably 2 or 3, which are stored inside. There would be no cars for sale outside; he doesn’t store anything outside at all. The only parking would be for himself and his business partner. Mr. Hadsel indicated that his hours would probably be after he gets out of work between 5 and 8 at night. Secretary Kristy Nelson asked Mr. Hadsel if he wrote up a narrative for submission regarding his proposal as suggested to him that afternoon. The applicant indicated that he was going to, but he got so busy that he didn’t get to it. Chairman Shultis noted that he was given a copy of an Order to Remedy Violation issued by Fire Marshal Michael Glotzel dated Oct. 21, 2002 on this property for which Building Permit #2002-177 was issued on Nov. 13, 2002 , and renewed on Nov. 24, 2003 for electrical upgrade. Chairman Shultis asked if this was for the same building that he would be renting space in. Mr. Hadsel said yes. Chairman Shultis then informed the applicant that the Planning Board cannot entertain an application until the violations are corrected. It was the Board’s recommendation that Mr. Hadsel take the review, clear up the violation, look at the Town’s codes, sit down with the review and the codes, and come up with a game plan. It was also suggested to the applicant that he come in to the Town Clerk’s office to look at site plans to get an idea what is involved with a site plan. Chairman Shultis suggested that once all the violations have been corrected, Mr. Hadsel get a letter from the Building Dept. stating the same and submit that to the Planning Board.
M & L HOMES, LLC (RIVERVIEW CONDOS) - (2003-36) - 126-150 Riverview,
Port Ewen, NY
(Buildings 10 & 11)
Site Plan Amendment
Tax SBL #56.052-1-38.126
This application is proposing modifications to two unfinished buildings
in the Riverview project. The applicant was present at this meeting.
Chairman Shultis reviewed Shuster Associates’ project review for this case.
A copy of the same is on file and a copy was given to the applicant.
RUSS SHULTIS, PURSUANT TO CHAPTER 21 OF THE TOWN OF ESOPUS CODE, MADE A
MOTION THAT THE PLANNING BOARD HAVE THE APPLICANT ESTABLISH AN ESCROW ACCOUNT
IN THE SUM OF $250.00 TO COVER THE LEGAL EXPENSES OF A MEETING HE HAD WITH
PETER GRAHAM TO DISCUSS SOME ISSUES PERTAINING TO THIS APPLICATION.
Board Member Roxanne Pecora wondered if this amount would be sufficient.
CHAIRMAN SHULTIS WITHDREW HIS MOTION. Russ Shultis then asked the
applicant if it would be a fair statement that he understands he wants
to finish the buildings as they were proposed and approved initially.
applicant said yes. Chairman Shultis added that any changes or deviations to the exterior would have to be approved by the Homeowners’ Association. Roxanne Pecora felt that the verbal agreement that the applicant has with the Homeowners’ Association, as mentioned in Shuster Associates’ review, should be in writing. Chairman Shultis will approach the Homeowners’ Association and ask them for a letter to that effect. Russ Shultis then asked for a copy of the DEC letter that was talked about at a meeting the applicant had with the Building Inspector, Sewer & Water District Superintendent and himself. Charles Brown, the applicant’s engineer, stated that he discussed this job with Janet from DEC, and they are going to be required to secure a SPEDES permit. He added that they have the permit application filled out, he will be forwarding that out after this meeting, and he will have the permit within three weeks. Mr. Brown noted that the DEC is not requiring any additional measures other than what was shown on the drawings. Maps were reviewed. Next, Chairman Shultis asked where this proposal was with the Attorney General. The applicant replied that it is in the middle of being modified. Russ Shultis asked the applicant if he actually owns the property at this point. He stated he owns the rights, however, he cannot sell any units without the attorney general’s approval. Chairman Shultis noted that the Town has not yet received any transfers for the sale of the property involving in this proposal. He asked the applicant if he knows the reason why. The applicant stated no. Russ Shultis then asked if it had to do with the Attorney General. The applicant said no. Chairman Shultis noted that he has reservations about granting any approvals until the Planning Board is absolutely sure who owns what, but felt the Board could proceed. He also asked the applicant to check into this matter and let the Board know what he finds. At this time, Chairman Shultis made reference to Zoning Code 123-47, Site Plan, which basically stated that no building permit should be issued without an approved site plan. It was noted that the Water & Sewer Superintendent has looked at the plan presented and has no real concerns about it. For the record, it was also noted that the utilities and interior roads are maintained by the Homeowners’ Association. Chairman Shultis then mentioned that a building permit was issued to take the necessary steps to stabilize the footings that are in place and were dug up to do some site inspections. However, in doing that, the fire dept. has brought to Russ’ attention that there is a stone pile in the access road. Russ Shultis stated that, for safety reasons, this stone pile has to be moved. Chairman Shultis noted that at the meeting with Miles Putman, Don Kiernan, the applicant, the Building Dept., and himself, two issues were brought up; the J road, and fire dept. correspondence regarding an emergency/third access to the site. Russ brought these matters up to the Planning Board’s attorney, Peter Graham. The history of the J road was noted, and Chairman Shultis stated that the attorney’s opinion was that since the Town accepted the J road it is the Town’s problem. Therefore, he did not feel the Board could pursue the applicant having to deal with the issues of the J road. However, the issue of the emergency/third access for the fire dept. can be addressed by the Planning Board. All Planning Board members were copied on Peter Graham’s Nov. 7 letter to the Planning Board regarding these matters and a copy is on file. There was some confusion as to what the Fire Dept. actually wanted to see. Roxanne Pecora suggested that the Planning Board forward the information pertaining to this request to the Fire Dept. for their opinion in writing. Roxanne will take on the responsibility of handling this matter. Board Member Fred Zimmer suggested showing Building 9 on the plan, extra parking, sidewalks, as well as an overview of the plan.
The Planning Board has received correspondence from the NYSDOT about SEQR Coordination for the sale of surplus highway property that it has determined it has no immediate need for and is offering it in return of some of its land for use by the Town as a “replacement site” for a new Town Hall. Missing from the NYSDOT correspondence was customary the Lead Agency Coordination Form including the response page. The Planning Board has little reason to act as “Lead Agency” on this proposal and will indicate the same by not responding as stated in the correspondence.
Presubmission - None
ZBA Referrals - None
A list of monthly correspondence received by the Planning Board was given to each Board member and reviewed.
It was noted that the Board members were copied on a memo from the Building Dept. dated Nov. 7, 2003, which states that all violations have been dealt with and the Board should consider that no violations exist that should delay the process of subdividing. However, no letter of credit has been established to date.
Board Member Dennis Suraci worked with the Building Dept. and Vera Schneider on her proposal, and it was determined that she did not have to appear before the Planning Board.
First Place Auto
Chairman Shultis noted that he received a complaint on 1st Place Auto. He advised the complainant to file a complaint and state that he feels 1st Place Auto is in violation of what was approved and they should come back to the Planning Board for an amendment. Russ also told the Zoning Enforcement Office about this as well as 1st Place Auto.
It was noted that Mr. Schafer approached the Building Dept. with a list of 9 items he was proposing at his property on 9W which recently went through a site plan (Peischel/Schafer), one of which involved a swing gate on the so. side. Chairman Shultis felt a letter should be written from the Planning Board to the Building Inspector that says the Board feels Mr. Schafer is in violation of his approved site plan, and he should come back to the Board for an amended site plan. It was suggested that Russ check first to see if a building permit was issued to Mr. Schafer.
Planning Board Member Roxanne Pecora will look into issues regarding the La Mirage Restaurant.
WITH NO OTHER BUSINESS PENDING, LINDA SMYTHE MADE A MOTION, SECONDED BY FRED ZIMMER, TO CLOSE THE MEETING. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION. MEETING ADJOURNED.
Kristy L. Nelson