TOWN OF ESOPUS
PLANNING BOARD MEETING MINUTES
December 27, 2001

BOARD MEMBERS PRESENT: Marilyn Coffey
    John McMichael
    Roxanne Pecora
    Russ Shultis, Chairperson
    Linda Smythe
    Kathy Weitze
    Fred Zimmer
 
ALSO PRESENT:  Miles Putman, Shuster Associates, Planning Board Consultant

At 7:00 pm, Chairperson 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.

Vouchers
A MOTION WAS MADE BY ROXANNE PECORA AND SECONDED BY RUSS SHULTIS TO ACCEPT ALL VOUCHERS SUBMITTED AND READ.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH PASSED BY A 7-0 VOTE.
The only voucher submitted and read was as follows:

 Kristy L. Nelson..........(11/24/01 - 12/21/01)........................................................      21.5 Hrs.

Minutes

ROXANNE PECORA MADE A MOTION, SECONDED BY LINDA SMYTHE, THAT THE PLANNING BOARD APPROVE THE MINUTES FROM THE NOVEMBER 29, 2001 PLANNING BOARD MEETING AS PREPARED.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.
NEW BUSINESS

STEWART’S ICE CREAM CO. - (2001-025) - 197 & 199 Broadway, Port Ewen, NY
             Site Plan
             Tax SBL #56.060-5-2 & 3

A representative for Stewart’s was present at this meeting.  Since Miles Putman of Shuster Associates had not yet arrived at the meeting, Chairperson Russ Shultis reviewed Shuster Associates project review for this case.  A copy of the same is on file and a copy was given to the representative.  The review raised questions about drainage, landscaping and screening, lighting, easements/right-of-ways, service connections, sidewalks, dumpster enclosure, and land area.  In addition, it noted that this proposal would require a NYSDOT work permit, Ulster County Planning Board referral, and referral to the Waterfront Advisory Board.  The proposal is not subject to SEQR and a public hearing is optional.  A suggestion that the applicant merge the two existing parcels into one lot was made.  Maps were reviewed.

At this time in the meeting, Miles Putman arrived.

John McMichael did not feel this proposal was an improvement or safer than what exists now.  His comments on the submitted site plan map were as follows:

· Zoning calls for an off-street loading berth for every 1500 sq. ft. of store space.
· Parking spots 7, 8 & 9 as shown on the proposal are within 15’ of a residential district.
· The map submitted shows that there is 50’ from the edge of the building to the pavement on the north when there is only 40’.
· There is an inconsistency between the tax map and the map submitted.
· The gas pumps should not be located nearer to 25’ from the street line, nor can they be nearer than 50’ from another property line.

Fred Zimmer suggested having 1 exit and 1 entrance and putting the gas pumps behind the building.

Some question was raised as to what was grandfathered and what was not.  Miles Putman stated that one cannot take an existing non-conformity and make it worse.

Russ Shultis had a concern with tanker trucks having to jackknife into the property and tying up traffic on 9W.  He felt Fred’s idea about 1 entrance and 1 exit was a good idea so maybe the trailer trucks could pull in and go around the back.

Stewart’s representative explained that their reason for applying for this site plan was because they were trying to improve what they have.  They feel this proposal would be an improvement to the site as far as traffic flow and marketing.  He noted that the proposal calls for the same number of dispensers.  The representative added that if they do change to a canopy, essentially everything would be replaced except for the tanks themselves since they are only about 5 years old.  He also stated that they would not be willing to put the canopy behind the building or any place where it would not be visible from the street because part of their business is displaying and selling gasoline.

Russ Shultis asked the representative if there was a possibility of starting from scratch.  He stated no.

It was suggested that the applicant review the Shuster’s report and the Board’s concerns and go back to the drawing board.
 
BOCKELMANN - (2001-026) -271 Hardenburgh Road @ Old Post Road, Rifton, NY
              Lot Line Adjustments
              Tax SBL# 71.001-2-27.2 & 27.1

Miles Putman of Shuster Associates gave his project review for this case.  A copy of the same is on file and a copy was given to Mr. Bockelmann.  The applicant noted that this application was a swap of land for the purpose of providing additional land area in which to site a septic system on his property.  Maps were reviewed and determined to be incomplete.  Mr. Bockelmann was advised to submit a completed map for this proposal.  The applicant submitted a letter of authorization from the Gerards, the other property owners involved in this swap of land.

MISCELLANEOUS BUSINESS

Presubmission Conf. - Kraut - Route 213 & Maple St., Rifton, NY - Coffee Shop

Ms. Kraut explained that she and Mr. Hopper would like to open up a morning coffee shop at 34 Maple St., formerly the Rifton General Store, for morning coffee and baked goods.  The interior space used would be a 9’ x 19’ area with counters on 1 & 1/2 walls with organic tea and coffee, packaged juices, organic fruit, fresh bagels, organic homemade cookies, muffins and other baked goods.  There would be no tables or table service, it would strictly be take out style.  In the summer, local ice cream served in cones inside the shop or possibly through an ice cream window may be added to the shops offerings.  Ms. Kraut noted that parking is adequate for at least 5 vehicles at a time and ingress and egress is on Maple Street.  The hours planned for this shop would be Mon., Tues., Thurs., and Fri., 7-11and Sat. & Sun., 9-1; they would be closed on Wed.  At this time, a copy of their survey was presented and reviewed.  It was noted that after the Rifton Store closed, the building was converted to a two-family home.  In addition, it was noted that Mr. Hopper will reside at the property.  Miles Putman of Shuster Associates stated that since at some point the business use on the site was discontinued and the building was a dwelling when the current zoning went into affect in 1995, to add a business into that space which presumably exceeds the limits and thresholds for a home occupation, one would have to look at it as a primary business use.  This would require a mixed use approval via the granting of a conditional use permit.  Ms. Kraut was advised to obtain a conditional use permit application with site plan from the Town Clerk’s Office, complete the same, and submit it back to the Town Clerk’s Office with the required documents.  She was also advised that the Planning Board’s meetings are held on the fourth Thursday of the month and deadlines for submission are two weeks prior to the meetings.  The Planning Board process was explained to Ms. Kraut.

Presubmission Conf. - Hunt - Loughran Lane - 4 Lot Subdivision

Randy Hunt explained that he was interested in purchasing 26 1/2 acres of land on Loughran Lane and dividing it into 4 lots.  Maps were reviewed.  Mr. Hunt was advised that he would need Board of Health approval, so it was suggested that he hire an engineer to make sure wells and septics are possible since the lots would be narrow.  Mr. Hunt was also advised to speak with Art Cross regarding driveway cuts.  The Board informed Mr. Hunt that he would need a complete survey map from a licensed surveyor showing the proposed lots with the proposed locations of the houses, wells, septics, driveways, etc.
Bruderhof

Roxanne Pecora spoke with Dennis Doyle of the Ulster County Planning Board at their last County Planning Board meeting regarding the Bruderhof slaughter house application.  Mr. Doyle’s comments were as follows:

· There appeared to be a problem with the layout of the building internally since one normally goes from the kill floor to the meat and then to the cooling.  He suggested reversing two of the areas.

· In terms of the building itself and the size, it was fine because it was for personal use.

· The Planning Board could make a restriction if approved that the slaughter house be only for on-site animals specific for the Bruderhof’s use and not as a for-profit slaughter house.

· USDA approval was not so much an issue as Ag & Market.  Ag & Market is very interested in this proposal and will do on-site inspections.  Things that they look for would be to make sure there is no on-site rendering of fat because this could create a smell in the building, that the kill floor and the receiving area are washed down every day, and that the animals are killed in a humane fashion.

· Lighting, drainage, and wastewaster treatment are issues.

· There are substantial refrigeration requirements.

· The Planning Board will need to make sure there is enough space for all trucks to come in and out.

It was noted that the Bruderhof did submit a revised map reducing the size of the building along with a long EAF and are scheduled to be on the January Planning Board agenda.

Soura

Chairperson Shultis noted that a meeting was scheduled for Fri., December 28 at 9 am with Mr. & Mrs. Soura and the Ulster County Highway Dept. to discussed their situation.

Navara - 1st Place Tire & Auto

Chairperson Shultis noted that this business is in operation and the only problem to-date was with the lighting.  Neighbors across the street complained about their house lighting up blue at night from the business’ night lights so the lights are now on a timer to hopefully solve this problem.

Nextel

Chairperson Shultis noted that everything looks okay with this; the antennas are up and the building is done.

Planning Board Attorney

Chairperson Shultis noted that he had 2 names in the search for a new attorney for the Board - Peter Graham and Bea Havranek. Russ will be working on this matter.
ZBA Referrals - None

Correspondence

A list of monthly correspondence received by the Planning Board was given to each Board member.

It was noted that the Planning Board was asked to review an application currently before the Rosendale Planning Board concerning Valley Farms & Deitz.  Chairperson Shultis noted that this application was for a big area lot line revision and the Town line approaches the property on the far end of Valley Farms.  Russ did not think this proposal would be of any concern to the Town and suggested the Board respond to Rosendale in the same way.

Workshop Meetings

Chairperson Shultis will contact Dan Shuster of Shuster Associates to set up a workshop meetings to continue working on the subdivision regulations.  Notification will be sent out to each Board member.

Adjournment

WITH NO OTHER BUSINESS PENDING, ROXANNE PECORA MADE A MOTION, SECONDED BY FRED ZIMMER, TO CLOSE THE MEETING.  ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION.  MEETING ADJOURNED.

        Respectfully submitted,

        Kristy L. Nelson
        Secretary