BOARD MEMBERS PRESENT: John McMichael
Russ Shultis, Chairman
ALSO PRESENT: Miles Putman, Shuster Associates, Planning Board
At 7:10 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.
Requests were made to make the following modifications to the November 2002 meeting minutes:
· Page 1, under Minutes: It should say, “Chairman Shultis
noted that on page 4 of the October 2002 (not 2003) meeting..........”
· Page 4, under Eggers, 5th sentence from bottom: add “.......be merged into one land lot/parcel.”
· Page 4, under Eggers, 4th sentence from bottom: It should say, “.........THAT THE PLANNING BOARD APPROVE (not APPROVAL)...........”
· Page 4, under Victorian: It should say, “Fred Zimmer suggested getting rid of the re-bar, reinforcing bar, (not rebarb).............”
ROXANNE PECORA MADE A MOTION, SECONDED BY FRED ZIMMER, THAT THE PLANNING BOARD APPROVE THE MINUTES OF THE NOVEMBER 26, 2002 PLANNING BOARD MEETING AS MODIFIED. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH CARRIED BY A 7-0 VOTE.
A MOTION WAS MADE BY ROXANNE PECORA AND SECONDED BY JOHN MCMICHAEL TO ACCEPT ALL VOUCHERS SUBMITTED AND READ. ALL MEMBERS PRESENT WERE IN FAVOR OF THE MOTION WHICH PASSED BY A 7-0 VOTE.
The vouchers submitted and read were as follows:
Kristy L. Nelson...................(11/23/02 - 12/13/02)..............................................
Daily Freeman......................(Peischel Public Hearing)....................................... $ 12.13
Peter Graham........................(Victorian Assoc. Escrow Acct.)........................... $832.00
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
Attorney Mike Moriello represented the applicant at this meeting. In starting, Chairman Shultis informed Mr. Moriello that the Planning Board would probably be asking Rick Valente to replenish Victorian’s escrow account. Russ then told the Planning Board members that if they had any questions regarding Peter Graham’s December 16, 2002 letter regarding the Rondout Hills Site Plan, to get them to him, and he would get a hold of Peter to address the same. Chairman Shultis then informed the Planning Board members that on Thurs., Dec. 12, there was another on-site meeting with himself, Art Cross, Chris Zell, Mike Moriello, and Wayne Graff to discuss the proposed alterations to the existing entrance. He noted that the question about signage was brought up, and it was his understanding that the island would be left vacant of signs and if it was shown that they were needed, they could be added at a later date. Fred Zimmer said that wasn’t what he discussed with Art Cross, Highway Superintendent. Fred stated Art did not have a problem with any signage. Mike Moriello felt this was a mute point since they received a copy of Peter Graham’s opinion letter dated Dec. 16 which they do not agree with, thus he told Chairman Shultis earlier in the evening that there was no reason for Victorian Associates to be on tonight’s agenda. He also noted that as far as what was discussed out at the site, it may now be off the table. Chairman Shultis stated that he walked away from the on-site meeting with the understanding that if the Board insists upon Victorian doing any kind of rework to the secondary entrance and exit (the west road), Victorian would not be following through with the proposal it had in front of the Board last month.
At this time, Art Cross arrived at the meeting. The signage issue was discussed somewhat between Art and the Planning Board members as well as the secondary access, speed limit lowering, a stop light, and traffic. Roxanne Pecora, for the record, stated that the second entrance was a site plan approved entrance and Art Cross’s intent when he went in there to dig was not to build a secondary access road, but to solve a sewage/drainage problem at Rondout Harbor. She added that the secondary access road is not considered, defined, or improved as an emergency access road.
GARIBALDI - (2002-21) - 1660 Broadway & 18 Park Lane, West Park,
Lot Line Adjustment/2 Lot Subdivision
Tax SBL #80.001-3-3
No representation present at the meeting.
PARKHURST - (2002-23) - 29 Hildebrant Lane, Port Ewen, NY
Conditional Use Permit - Multi-family residence
Tax SBL #56.076-2-4.1
At this time, Chairman Shultis entered into the record a letter dated
Dec. 18, 2002 from Dave Parkhurst to the Planning Board authorizing Diane
McCord to act on his behalf. Miles Putman of Shuster Associates gave
his project review for this application. A copy of the same is on
file and a copy was given to Ms. McCord. John McMichael noted that
this property was in an R-40 district while Miles review was for an R-12
The creation of 3 or more dwelling units, in the R-40 district, is not allowed. Roxanne Pecora noted that this was a pre-existing situation and asked how long it pre-existed. Diane McCord stated that the main house was built in the 1920’s, the apt. downstairs was originally there for the servants but has since been enlarged, and a building permit was obtained to put up the garage with the apt. in 1985. Miles Putman commented that it sounded like most of the development predated the current standards that were adopted in 1995. There was some question as to whether this should have been grandfathered. Miles Putman will look into what the rules were at the time that the permits were issued. Chairman Shultis will also contact the building inspector, Mark Rieker, to go over what was discussed at tonight’s meeting. In closing, Diane McCord wondered if a building permit were issued for a garage and a garage apt. and the only thing the owner did not do was get a C/O for it, why wouldn’t it be all right. Diane also informed Miles Putman that the driveway is paved.
BRUDERHOF COMMUNITIES IN NEW YORK - (2002-22) - 2023 Route 213,
Dashville, NY Ewen, NY
Site Plan Amendment - Garage Building Addition
Tax SBL #71.002-1-14.2
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. Moriello who represented the applicant at this meeting. Mike Moriello presented the Board with a letter from him to the building inspector regarding a request for interpretation of the zoning code pertaining to the garage being closer to the road. Chairman Shultis asked if the addition would be seen from Route 213. The Bruderhof’s representatives felt it would not be seen especially when the leaves were on the trees. Dennis Suraci asked about lighting and parking. The applicant’s representative stated that it was for farm storage and no external lighting would be needed. Fred Zimmer stated that he would like to see the original site plan that the Board would be amending. Miles Putman noted that part of the site was developed before zoning went into effect. He added that there is a certain degree of grandfathering that the Board would have to let the Bruderhof deal with, but noted anything that has changed since zoning went in has come in for site plan approval. The Board, as well as the applicant’s representatives, will look into their files for a previously approved site plan.
Presubmission Conf. - Friedman(Former Braunstein Property)
Mr. Friedman explained that he would like to subdivide his property,
formerly subdivided and owned by Braunstein, and build two houses.
However, the issue was there is basically only one egress in and out, an
approved DEC bridge, so a portion of the existing driveway would have to
be shared by two (2) lots. Maps were reviewed. Chairman Shultis
felt there would be problems since the second lot did not appear to have
frontage on a town road. He asked the applicant if he could create
frontage on Route 213 for the second lot. Miles Putman noted that
other options could be open development zoning or an area variance to permit
a lot without frontage.
Miles added that the Planning Board should also look at environmental constraints and if this was a feasible, buildable site. Chairman Shultis asked Mr. Friedman if he talked to the DEC about the ability to build on the second lot. Mr. Friedman said that as long as the footprint of the house and the septic system were outside the buffer zone it would be okay. The buffer zone was 100’. Mr. Friedman also noted that a DEC biologist would come out to the site once he got a building permit and staked out the two (2) houses. Chairman Shultis asked Mr. Friedman if he could get this information in writing from the DEC. Dennis Suraci felt that would omit Mr. Friedman from applying for a permit to the DEC, but he felt it did not give him a right to put a septic system in in the area he had left. Dennis noted that Mr. Friedman would have to still go through the Health Dept. for the septic system. Fred Zimmer stated that he would like to see contours on the map. Drawing the property line down the center of the right-of-way was also discussed. Chairman Shultis told Mr. Friedman that the suggestion about bringing the property line through the center of the road out to Route 213 so both lots had frontage would address the concerns of the Planning Board. Mr. Friedman was told his next step would be to submit a formal subdivision application with sketch plan maps.
ZBA Referrals - None
A list of monthly correspondence received by the Planning Board was given to each Board member.
WITH NO OTHER BUSINESS PENDING, RUSS SHULTIS 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