TOWN OF ESOPUS
PLANNING BOARD MEETING
NOVEMBER 18, 2009

 

BOARD MEMBERS PRESENT: Roxanne Pecora, Chairperson
Charles Wesley
Fred Zimmer
William Devine
Michael Minor

BOARD MEMBERS EXCUSED: Dennis Suraci
Darin DeKoskie

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

Chairperson Pecora called the meeting of the Town of Esopus Planning Board to order at
7:00 p.m. beginning with the Pledge of Allegiance to the Flag. Roxanne then advised the
public of the building’s fire exits and roll call was taken.

MINUTES: Board members were asked if there were any changes or corrections to the
minutes of the October 22, 2009 meeting.

Fred stated that Tucker Pond, Page 5, paragraph 1, sentence 8, states that Article 78 was
filed in 1989 and it should sate it was filed in 2004. On page 6, Tucker Pond, paragraph
2, 13th sentence down is should state before insulation or just after insulation not
installation

CHARLIE MADE A MOTION TO ACCEPT THE MINUTES AS AMENDED,
SECONDED BY FRED. MINUTES WERE APPROVED BY A VOTE OF 4 IN
FAVOR, 1 ABSTAINED. THE VOTE WAS AS FOLLOWS:

Charlie…………………yes
Fred……………………yes
Bill……………………..yes
Mike…………………..abstained
Roxanne……………….yes

VOUCHERS:

M.L.Putman Consulting (Month of October)….…………………………….$2,250.00
M.L. Putman Consulting (Month of November)………………………….…$2,250.00
M.L. Putman Consulting (Month of December)………………………….…$2,250.00
(M.L. Putman Consulting was requested to submit vouchers early due to end of year.
Peter C. Graham, Esq. (Planning Board)……………………………………$ 241.00
April Oneto (Secretarial Servcies)…………………………………………59 ½ hours

FRED MADE A MOTION TO APPROVE THE VOUCHERS AS READ,
SECONDED BY CHARLIE. ALL MEMBERS WERE IN FAVOR. MOTION
PASSED WITH A VOTE OF 5-0.

PUBLIC HEARING:

GRAY: 2009-17 - Minor Subdivision – 1863 Broadway 9US Route 9W; State Hwy
5508), West Park; SBL: 80.001-4-4.2

MIKE MADE A MOTION TO OPEN THE PUBLIC HEARING FOR GRAY,
CASE #2009-17, SECONDED BY BILL. ALL MEMBERS WERE IN FAVOR.

Public Hearing Notice placed in Daily Freeman read by Chairperson, copy placed in the
file.

Chairperson Pecora asked if there was anyone in the audience to speak regarding the
Gray subdivision.

Fred stated that he does not want to close the Public Hearing because all the information
requested to hold the Public Hearing has not been submitted. Myles stated that the
correspondence from NYSDOT about the location of an additional curb cut for the new
lot has not been received and there are a few notations that were requested on the map
that are not on the map. At this time Fred would move to adjourn the Public Hearing
because the information has not been received and there is no representation for this
application. Myles stated that there needs to be a notation on the map that the upper and
lower portions being one lot and can not be subdivided and the lot area calculations on
the upper right hand corner of the map are off a little. It was suggested that they add
erosion control measures. Mike feels that they do not have to have a representative
present for the public hearing but we could adjourn it.

MIKE MADE A MOTION TO ADJOURN THE PUBLIC HEARING FOR GRAY,
CASE #2009-17, TO BE READDRESSED AT THE NEXT PLANNING BOARD
MEETING TO BE HELD ON DECEMBER 16, 2009 AT 7:10 PM, SECONDED BY
FRED. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE
OF 5-0. VOTE WAS AS FOLLOWS:

Charlie……………..yes
Fred………………..yes
Mike……………….yes
Bill………………...yes
Roxanne…………..yes

NEW BUSINESS:

LONGWORTH & JONES: Case #2009-24 – Lot Line Adjustment – 33 & 35 Barry
Drive (Town Hwy 954), West Park; SBL: 80.001-5-1
& 6

Myles reviewed M.L. Putman Consulting Report dated 11/13/09, copy given to applicant
and copy placed in file. Applicant is represented by Colin Houston of North & Houston.
Letter allowing him to represent them submitted and placed in file.

There were no concerns raised by the Board. Mike felt that they are presently two flag
lots and making them one is improving the situation.

MIKE MADE A MOTION TO WAIVE THE PUBLIC HEARING FOR
LANGWORTH & JONES, CASE #2009-24, AS PER SECTION 107.16.A,
SECONDED BY BILL. ALL MEMBERS WERE IN FAVOR. MOTION PASSED
WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:

Charlie…………………….yes
Fred……………………….yes
Mike………………………yes
Bill………………………...yes
Roxanne…………………..yes

MIKE MADE A MOTION TO DECLARE A NEGATIVE DECLARATION
PURSUANT TO SEQR AND GRANT CONDITIONAL FINAL APPROVAL FOR
THE LOT LINE ADJUSTMENT FOR LANGWORTH & JONES BASED UPON
THE SUBMISSION OF 6 PAPER MAPS AND 1 MYLAR SIGNED BY THE
OWNERS, SECONDED BY BILL. ALL MEMBERS WERE IN FAVOR.
MOTION PASSED WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:

Charlie…………………..yes
Fred……………………..yes
Bill………………………yes
Mike………………….....yes
Roxanne…………………yes

OLD BUSINESS:

JUBIE “Plant It Kids”, “Living Classroom”: Case #2009-16 - Conditional Use
Permit – 778 Broadway (US
Route 9W; State Hwy 5508), Ulster Park; SBL: 64.003-6-20

Michael Jubie, owner, was present. Chairperson Pecora stated that since the last meeting
she has had numerous discussions regarding this application. The Ulster County
Planning Board reviewed this application on 10/7/09 and submitted their report which is
a Required Modification that the applicant work with NYSDOT concerning their existing
curb cut onto Route 9W to verify its adequacy for commercial traffic. This is the same
concern that was raised by the Planning Board. Mike has been working with DOT and
his engineer regarding this issue. Roxanne told him that he could bring maps with him to
this meeting showing what his engineer has done up to this point. Discussion took place
regarding the best way to deal with this issue. He has not yet received a determination
from the State. Fred stated that his access to this property is grandfathered in. Fred
stated that he stopped at DOT and spoke with Dave Corrigan and their big issue is
basically that they direct traffic for the Halloween and Christmas events which requires a
permit. Mr. Jubie stated that he does not direct traffic. He has nobody in the road. Fred
stated that there are flares on the side of the road, sign boards, etc. Fred stated that they
implied that they would like to see him obtain a permit and this would mean that they are
buying into what they are doing. He believes that they would be able to live with where
the current entrance is located. Following further discussion it was agreed that Mr. Jubie
will go and speak with NYSDOT and decide what the best way to deal with this situation
would be. The Board will need a copy of something in writing from NYSDOT when a
decision is made regarding this issue.

Roxanne read into the record a Resolution of SEQR “Type 2 Action” Classification
(Section 617.5 of the SEQR regulations) dated 11/18/09. Copy of the signed Resolution
will become part of the official record for this application.

MIKE MADE A MOTION TO ACCEPT THE SEQR TYPE II ACTION
RESOLUTION FOR JUBIE, CASE #2009-16, CONDITIONAL USE PERMIT, AS
READ, SECONDED BY CHARLIE. ALL MEMBERS WERE IN FAVOR.
MOTION PASSED WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:

Charlie……………….yes
Fred………………….yes
Bill…………………...yes
Mike…………………yes
Roxanne……………..yes

Roxanne stated that the second thing that needs to be done this evening is to approve the
Conditional Use Permit. Myles stated that before this Board makes its decision it needs
to be noted that the Ulster County Planning Board’s Report had a binding
recommendation that the applicant should talk to NYSDOT and that this Planning Board
is in agreement with this and it will be made a condition of approval.

Some discussion took place regarding this motion. Fred expressed his desire to look at
what was agreed upon prior to approving this motion. Roxanne stated that we have to
make a decision this evening because of the Public Hearing that was previously held.
Following this discussion it was agreed that we have no say on what NYSDOT wants the
applicant to do. They have the final say regarding this issue.

MIKE MADE A MOTION TO GRANT A CONDITIONAL USE PERMIT FOR
JUBIE, CASE #2009-16, WITH THE CONDITION THAT THE APPLICANT
MEET WITH NYSDOT AND THAT ALL IMPROVEMENTS TO ACCESS IN

AND OUT OF THE SITE THAT ARE REQUIRED BY NYSDOT BE ADDED TO
THE SITE PLAN DRAWING AND 6 COPIES OF THE REVISED SITE PLAN
AND ANY SUPPORTING DOCUMENTS, SUCH AS ENGINEERING
DRAWINGS AND CONSTRUCTION DETAILS BE SUBMITTED TO THE
PLANNING BOARD AT SUCH TIME WHEN A NYSDOT HIGHWAY WORK
PERMIT IS ISSUED FOR CONSTRUCTION OR RECONSTRUCTION OF THE
SITE ACCESS, SECONDED BY CHARLIE. ALL MEMBERS WERE IN FAVOR.
MOTION PASSED WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:

Charlie……………….yes
Fred………………….yes
Bill…………………...yes
Mike…………………yes
Roxanne……………..yes

Mr. Jubie submitted a letter from his insurance company stating that they do not require a
safety program and it was agreed at the last Planning Board meeting that Mr. Jubie was
present at that if the insurance company does not require a safety program we will not
require one. Letter was made a part of the Planning Board file.

GIAMPIETRO: Case #2009-22 – Minor Re-subdivision – 444 New Salem Road
(County road 57) May Park; SBL: 56.019-2-30.1

Myles reviewed M.L. Putman Report dated 11/11/09, copy given to applicant and copy
placed in file. Barbara Giampietro was present.

Myles stated that one of the big questions left unresolved is the well situation with both
lots sharing the well. Applicant will need to get a determination from the Ulster County
Board of Health regarding this issue. If the Board wants to go for a Public Hearing next
month, they may want to do the hearing simultaneously both for the Conditional Use
Permit as well as the subdivision.

Bill asked what the applicant will need to specifically ask the Health Department. Myles
stated that she is splitting the property and would there be any legal issues with both
properties sharing a well and it is not a community water system. Mike stated that when
the applicant goes to sell the property he can imagine that the other property will have to
put in a well at that time which would reduce the price of the value of the property being
sold. Fred stated that this is why we need the Health Department opinion. What would
happen if the well goes bad? Is there a cross liability? Myles stated that if the shared use
is legal then maybe an easement from one property to the other should be indicated. We
need to know what the rule is from the County Health Department. It was felt that the
Planning Board secretary should contact the Health Department and obtain the name of
the individual responsible for the Esopus area and what the procedure is. Roxanne stated
that the applicant needs to obtain something in writing to present to this Board.

MIKE MADE A MOTION TO SCHEDULE A PUBLIC HEARING FOR
GIAMPIETRO, CASE #2009-22 SUBDIVISION AND CASE #2009-????????
CONDITIONAL USE PERMIT????????? FOR DECEMBER 16, 2009 AT 7:20
PM, SECONDED BY FRED. ALL MEMBERS WERE IN FAVOR. MOTION
PASSED WITH A VOTE OF 5-0. VOTE WAS AS FOLLOWS:

Charlie………………….yes
Fred…………………….yes
Bill……………………...yes
Mike……………………yes
Roxanne………………..yes

Roxanne questioned the Board regarding the Recreation Fee for this application. The
Board agreed that this is a new lot and will be subject to a $2,000.00 Recreation Fee after
everything has been approved.

Applicant was informed that there was a $200.00 fee for the Public Hearing. Mrs.
Giampietro stated that she previously paid a $200.00 fee and the check has not cleared.
Planning Board has no record of receiving $200.00. Planning Board secretary will follow
up on this and get back to the applicant.

Roxanne recused herself from the Board at 8:10 PM and left the room. Fred Zimmer,
Vice-Chairman took over this portion of the meeting.

ALEO: Case #2009-14 & 2009-13 – Conditional Use Permit and Lot Line Adjust-
ment – 210-218 Hasbrouck Avenue (Town Hwy 909) @ Spring Street,
Port Ewen; SBL: 56.095-4-5

Myles reviewed M.L. Putman report dated 11/11/09, copy given to applicant and copy
placed in file. Dr. Edward Aleo was present and Robert Carpenter representing this
application.

BILL MADE A MOTION TO SEND THE DRAINAGE CALCULATION REPORT
TO CLOUGH HARBOUR FOR REVIEW AND COMMENTS, SECONDED BY
MIKE. ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE
OF 4-0. VOTE WAS AS FOLLOWS:

Charlie…………………yes
Bill……………………..yes
Mike……………………yes
Fred…………………….yes

BILL MADE A MOTION TO SCHEDULE A PUBLIC HEARING FOR ALEO,
CASE #2009-13 LOT LINE ADJUSTMENT & 2009-14 CONDITIONAL USE
PERMIT FOR DECEMBER 16, 2009 AT 7:30 PM, SECONDED BY MIKE.
THERE WILL BE A $200.00 PUBLIC HEARING FEE WHICH WILL BE TAKEN
OUT OF APPLICANT’S ESCROW ACCOUNT. ALL MEMBERS WERE IN
FAVOR. MOTION PASSED WITH A VOTE OF 4-0. VOTE WAS AS
FOLLOWS:

Charlie………………….yes
Bill……………………...yes
Mike……………………yes
Fred…………………….yes

MIKE MADE A MOTION TO REFER ALEO, CASE #2009-13 LOT LINE
ADJUSTMENT & 2009-14 CONDITONAL USE PERMIT TO THE ULSTER
COUNTY PLANNING BOARD PER THEIR REGULATIONS FOR THEIR
REVIEW, SECONDED BY CHARLIE. ALL MEMBERS WERE IN FAVOR.
MOTION PASSED WITH A VOTE OF 4-0. VOTE WAS AS FOLLOWS:

Charlie………………..yes
Bill……………………yes
Mike………………….yes
Fred………………….yes

Fred informed applicant that he will need to have his attorney do a deed description for
the drainage easement and put it in an indentured format and at that time we will need to
forward it to the Planning Board attorney for review.

MIKE MADE A MOTION TO REFER THE DRAINAGE EASEMENT
DESCRIPTION TO THE PLANNING BOARD ATTORNEY FOR REVIEW AND
COMMENTS, SECONDED BY CHARLIE. ALL MEMBERS WERE IN FAVOR.
MOTION PASSED WITH A VOTE OF 4-0. VOTE WAS AS FOLLOWS:

Bill…………………yes
Mike……………….yes
Charlie……………..yes
Fred………………..yes

Roxanne returned to the Board at 8:15 PM.

LA MIRAGE: Case #2009-19 – Site Plan Review – 423 Broadway (US Route 9W,
State Hwy 310), Port Ewen; SBL: 56.020-3-28.2

Myles reviewed M.L. Putman Report dated 11/12/09, copy given to applicant and copy
placed in file. Attorney Joseph Pisani and Architect William Brinnier were present to
represent this application.

Roxanne stated that Planning Board members met with applicant’s attorney and architect
and Mr. Pisani accomplished what was requested. The signage in question has been
removed. Roxanne stated that the lease issue with NYSDOT is not a concern to the
Planning Board. This is between the applicant and NYSDOT.

MIKE MADE A MOTION TO REFER LAMIRAGE, CASE #2009-19, SITE PLAN
REVIEW, TO THE ULSTER COUNTY PLANNING BOARD PER THEIR
REGULATIONS FOR REVIEW AND COMMENTS, SECONDED BY BILL. ALL
MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0.
VOTE WAS AS FOLLOWS:

Charlie………………..yes
Fred…………………..yes
Bill……………………yes
Mike………………….yes
Roxanne……………...yes

MIKE MADE A MOTION TO WAIVE THE PUBLIC HEARING FOR
LAMIRAGE, CASE #2009-16, PER SECTION 107.16.A, SECONDED BY BILL.
ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 5-0.
VOTE WAS AS FOLLOWS:

Charlie………………yes
Fred…………………yes
Bill…………………..yes
Mike………………...yes
Roxanne…………….yes

ZBA REFERRAL:

William Whitaker, 411 Broadway, Port Ewen – Application for a handicap ramp in the
front yard in violation of Section 123.21C(7). Following some discussion it as agreed
that the Planning Board has no comments on this referral.

CHARLIE MADE A MOTION TO ADJOURN, SECONDED BY FRED. ALL
MEMBERS WERE IN FAVOR. MEETING ADJOURNED AT 8:30 PM.

NEXT MONTHLY MEETING: December 17, 2009

DEADLINE DATE: December 3, 2009

NEXT PRE-SUBMISSION: December 3, 2009

Respectfully submitted:

April Oneto
Planning Board Secretary