TOWN OF ESOPUS

PLANNING BOARD MEETING

          DECEMBER 8, 2011

 

 

BOARD MEMBERS PRESENT:   Roxanne Pecora

Fred Zimmer

Margaret Yost

Michael Minor

William Devine

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 7:05 p.m. beginning with the Pledge of Allegiance to the Flag.  Roxanne 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 27, 2011 meeting.

 

MARGARET MADE A MOTION TO ACCEPT THE PLANNING BOARD MINUTES OF OCTOBER 27, 2011, SECONDED BY BILL.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 6-0.  VOTE WAS AS FOLLOWS:

 

FredYYYYYYYYY..yes

MargaretYYYYYYY...yes

MikeYYYYYYYYY.yes

Darin....YYYYYYYYyes

BillY...YYYYYYYYyes

RoxanneY.YYYYYY..yes

 

VOUCHERS:

 

M.L. Putman Consulting (November, Pre-submission).......................................$   500.00

M.L. Putman Consulting  (Month of October)...........................................YY..$2,250.00

M.L. Putman Consulting (Month of December)..................................................$2,250.00

Joseph Eriole, Esq. (Planning Board)...................................................................$   210.00

Peter C. Graham, Esq. (Planning Board - Tucker Pond)......................................$   262.50

Daily Freeman (Public Hearing - Kurzer)............................................................ $    11.25

April Oneto (secretarial services)YYYY.........................................Y...Y.34 1/2 hours

 


DARIN  MADE A MOTION TO APPROVE THE VOUCHERS AS READ, SECONDED BY FRED.  ALL MEMBERS WERE IN FAVOR. MOTION PASSED WITH A VOTE OF 6-0.

 

MIKE MADE A MOTION TO GO INTO EXECUTIVE SESSION TO DISCUSS PERSONNEL ISSUES, SECONDED BY MARGARET.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 6-0.

 

PLANNING BOARD WENT INTO EXECUTIVE SESSION AT 7:10 PM.

 

MIKE MADE A MOTION TO COME OUT OF EXECUTIVE SESSION, SECONDED BY MARGARET.  ALL MEMBERS WERE IN FAVOR .  MOTION PASSED WITH A VOTE OF 6-0. 

 

RETURNED FROM EXECUTIVE SESSION AT 7:15 PM.

 

OLD BUSINESS:

 

HAMILTON; CUFF & DOYLE: Case #2011-11 - Lot Line Adjustment - 183 Horton

Lane (Town Hwy 908), Port Ewen; SBL: 56.059-2-16 & 17.1

 

Myles reviewed M.L. Putman Consulting Report dated 12/1/11, copy given to applicant and copy placed in file.

 

Applicant submitted a letter to waive the Public Hearing and a letter for Mr. Holt to represent them in this action.  Applicants received a Zoning variance to approve a 14 foot rear yard setback, caused by a lot line adjustment which moves the rear pre-existing non-conforming property line 5.4 feet.  Board discussed the situation and feel that this property is now in conformance with the Zoning Code and a waiver of the Public Hearing can be granted. 

 

MIKE MADE A MOTION TO WAIVE THE PUBLIC HEARING AS PER SECTION 107.16.A OF THE TOWN OF ESOPUS SUBDIVISION REGULATIONS, SECONDED BY DARIN.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 6-0.  VOTE WAS AS FOLLOWS:

 

Fred.......................yes

Margaret................yes

Mike......................yes

Bill........................yes

Darin.....................yes

Roxanne................yes

 


MIKE MADE A MOTION TO DECLARE A DECLARATION OF NON-SIGNIFICANCE PURSUANT TO SEQR, FOR HAMILTON, CUFF & DOYLE, CASE #2011-11, LOT LINE ADJUSTMENT, SECONDED BY MARGARET.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 6-0. VOTE WAS AS FOLLOWS:

 

Fred.......................yes

Margaret...............yes

Mike.....................yes

Bill.......................yes

Darin....................yes

Roxanne...............yes

 

MIKE MADE A MOTION TO GRANT CONDITIONAL FINAL PLAT APPROVAL CONDITIONED UPON RECEIPT OF 6 PAPER MAPS AND 1 MYLAR SIGNED BY OWNER FOR HAMILTON, CUFF & DOYLE, CASE #2011-11, LOT LINE ADJUSTMENT, SECONDED BY FRED.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF    6-0.  VOTE WAS AS FOLLOWS:

 

Fred......................yes

Margaret...............yes

Mike.....................yes

Bill.......................yes

Darin....................yes

Roxanne...............yes

 

NEW BUSINESS:

 

GORDON: Case #2011-15 - Lot Line Adjustment - 261-265 New Salem rd., (Co. Rd. 57),

Esopus; SBL: 56.015-1-37 & 38

 

Myles reviewed M.L. Putman Review dated 12/1/11, copy given to applicant and copy placed in file.  Mr. Gordon was present for this application. 

 

Fred questioned if the dotted line on the map was the one that was going to be deleted. Mr. Gordon stated that this was correct.  Fred questioned if the lot being less than 40,000 square feet was grand-fathered in.  Myles state that this is correct.  Mike stated that ultimately this lot line adjustment will be making the situation better.  Mr. Gordon asked the Board if anyone can think of a reason why he should not do this.  No one could see a reason why he would not do this and that there would only be one tax bill. 

 

DARIN MADE A MOTION TO WAIVE THE PUBLIC HEARING FOR GORDON, CASE #2011-15, LOT LINE ADJUSTMENT AS PER SECTION 107.16.A, SECONDED BY MARGARET.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 6-0.  VOTE WAS AS FOLLOWS:

 

Fred.............................yes


Margaret.....................yes

Mike...........................yes

Bill.............................yes

Darin..........................yes

Roxanne.....................yes

 

DARIN MADE A MOTION TO DECLARE A DECLARATION OF NON-SIGNIFICANCE PURSUANT TO SEQR FOR GORDON, CASE #2011-15, LOT LINE ADJUSTMENT, SECONDED BY ROXANNE.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 6-0.  VOTE WAS AS FOLLOWS:

 

Fred..........................yes

Margaret...................yes

Mike.........................yes

Bill...........................yes

Darin........................yes

Roxanne...................yes

 

DARIN MADE A MOTION TO GRANT CONDITIONAL FINAL PLAT APPROVAL FOR GORDON, CASE #2011-15, LOT LINE ADJUSTMENT, CONDITIONED UPON RECEIPT OF 6 PAPER MAPS AND 1 MYLAR SIGNED BY OWNERS, SECONDED BY MIKE.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 6-0.  VOTE WAS AS FOLLOWS:

 

Fred..........................yes

Margaret...................yes

Mike.........................yes

Bill...........................yes

Darin........................yes

Roxanne...................yes

 

QUICK: Case #2011-16 - Lot Line Adjustment - 376 Broadway (US Route 9W; Hwy 310)

     Port Ewen; SBL: 56.083-4-10.11 & 16

 

Myles reviewed M.L. Putman Consulting Report dated 12/1/11, copy given to applicant and copy placed in file.  Applicant was represented by Don Brewer.

 

Roxanne informed Mr. Brewer that the Planning Board was in receipt of a memo dated 11/28/11 from the Building Inspector informing us that there is an outstanding Building Permit on this property.  Roxanne informed Mr. Brewer that we can not act on this application until Mr. Quick clears this up with the Building Department and we receive a letter from the Building Department telling us that this has been taken care of. 

 


Mr. Brewer stated that applicant has a buyer for one of the lots and since the property line goes through the back of the property a lot line adjustment is required.  There was some discussion as to which piece of property that has the outstanding Building Permit. They stated that it was the property next to this property that is in question.  Roxanne stated that until it is taken care of with the Building Inspector it does not matter which property it is as long as they are owned by the same owner.

 

Mr. Brewer stated that once this issue is taken care of then they will come back before the Planning Board and then they will have to go get a variance.  He asked that if they combined two properties that are on the map would they still need a variance.  Myles stated that would avoid a variance but it would involve Tax Lot #17 in this application. Mr. Brewer asked that if the applicant does not want to combine the lots in question should we then go for the variance?  Fred stated that this action would keep the applicant from losing time. 

 

C & M SACKETT LLC: Case #2011-14 - Subdivision - 196 Sackett St. (TH 915); Hamilton

Ct. (Th919); Kline La., Port Ewen; SBL: 56.060-3-9.3

 

Myles reviewed M.L. Putman Consulting Report dated 12/1/11, copy given to applicant and copy placed in file.  Mark Solomon applicant was present for this application. 

 

Roxanne spoke to the Highway Superintendent and he will provide us with a new estimate for the road.  He thinks it will be about $600.00 to $1,000.00 more but he will take another look at it.  The change will be that the applicant provide the check to the Town and the Town Highway Department will do the work.  That is how he remembers it.  Looking back on the notes that is not the way things were looked at in 2005.  In 2005, we were asking the applicant to provide a letter of credit.  Fred stated that he does not see why the Town should do the work.  Roxanne stated that she is relaying what Alan Larkin said but it is the Planning Board=s call as to how this should be done. Darin stated that he thinks that the applicant should put the road in and deed it over to the Town. Darin stated that if anything should happen during construction it is not on the Town it is on the applicant.  Fred stated that he would rather see it deeded over and that the applicant should take out a Work Permit and not issue any Building Permits until the work is done. 

 

Mr. Solomon stated that if he is going to be putting up a Letter of Credit to do it the problem is that doing the work up front is that this is also the access into the site to do the construction of the project so therefore we will put all of these improvements in and there is a pretty good chance of damaging the improvements.  Mr. Solomon asked if he could put a $6,500.00 cash bond with the Town to guarantee that the work is done.  There is no down side to the Town.  Roxanne stated that the amount still needs to be determined and the Town operates on a Letter of Credit.  Mr. Solomon stated that it seems to be counterproductive to do the work and then damaging the work that has been completed during the course of construction.  Mr. Solomon stated that if the Board would consider it let=s do the work to a certain process like the binder, any kind of drainage work that needs to be done but work that would not be damaged by running over it with the dozers, etc.  and then they will repair what needs to be repaired. 


Fred stated somewhere in the transition from 2003 - 2007 we lost 5 feet on the radius that was supposed to come over to the Town.  The old map shows a 40 foot radius and it has been changed to a 35 foot radius.  The dimensions on the west side are actually 15 and 35 the maps show 10 and 40.  The area is about 1/4 of what it should be.  The driveway profile shows about 90 feet from the manhole and on the drawing it shows about 150 feet from the manhole.  Fred stated that it appears that somebody put in the driveway profile from the old maps and never changed it to meet this driveway.  When you look at this driveway and you start the grading we are not sure that the grading for this driveway will stay on your property.  There should be some details on what you are going to do in constructing the hammerhead on Hamilton Court.  You will need a 10 foot separation on your water and sewer lines going up the hill.  Right now there is a disturbance shown on the adjoining lot.  Grading will need to be shown on the plans.  Fred stated that the finished floor elevation on the 2003 maps were not transferred to the 2007 maps.  The finished basement floor on 2003 map shows finished basement of 178 2 feet.  At this elevation, you have about an 8 foot fill to get to the bottom of your basement floor.  Mr. Solomon stated that he is aware that there were certain design issues on the site.  Fred stated that they need to start to show some of the grading which will be extensive.  Fred stated that there were some terrible erosion problems on the other two lots. Fred further stated that whatever areas that are disturbed especially on the utilities going up the hill they need to be stabilized with netting and seeded within 24 - 48 hours.  Mr. Solomon asked if Fred was talking about erosion during the construction of the houses or something that has happened since the construction of the houses.  Fred stated during the construction of the houses.  Mr. Solomon stated that he is aware that we had some terrible storms during the time that they were doing this that took out the erosion control. 

 

Mr. Solomon stated that Lot #3 is already approved.  Fred stated that what is shown as Lot #3 does not look anything like what we have before us.  Roxanne stated that the maps are not in agreement.  Mr. Solomon stated that the maps were done by Brinnier and Larios so he will have to go back to them.  Fred stated that the maps that were approved were 2003 maps (Komasa/Zeus).  The plans have to be consistent.  Mr. Solomon stated that he will need to go back to Brinnier & Larios.  The original map was done in 2003 and approved in April of 2005.

 

Mike has concerns about how steep it is and drainage concerns. He would like to see them put some effort made into trying to get the drainage out to the street and to the storm drains.  Drainage issues were discussed.  Darin stated that he would like to see applicant detain whatever water they can on the site.      

 

Mr. Solomon stated that he will be going back to Chris Zell, Brinnier & Larios, express the Board=s concerns and have him make the necessary adjustments to the maps and he will resubmit.

 

ZBA REFERRALS:

 

Raymond Wapner & Peter Courmont (Angela Garnier) 135 River Rd - Bed & Breakfast

 

 


Requesting an area variance 123.13.K - Planning Board feels that this would be a good project.

 

MISCELLANEOUS:

 

Mike will remain as the Planning Board Representative to the Waterfront Advisory Board.

 

Fred has agreed to be the Alternate to the Ulster County Planning Board for 2012.

 

Planning Board Members reviewed the schedule for 2012 which will be the second Wednesday of the month.  There were no changes.

 

Roxanne is willing to remain as Planning Board Chairperson for 2012.

 

Planning Board Members are recommending reappointment of Bill Devine to the Planning Board.  Bill=s term is up as of 12/31/11.  Planning Board submitted a letter for the Town Board.

 

Roxanne informed the Board Members that Charles Wesley has officially resigned from the Planning Board and she has a resume from Christine Griggs and this was submitted to the Town Board. 

 

DARIN MADE A MOTION TO ADJOURN AT 8:10 PM, SECONDED BY MIKE.  ALL MEMBERS WERE IN FAVOR.  MOTION PASSED WITH A VOTE OF 6-0.

 

NEXT MONTHLY MEETING:                                               JANUARY 11, 2012

 

DEADLINE:                                                                                                                                                                  DECEMBER 28, 2011

 

NEXT PRE-SUBMISSION:                                                       JANUARY 3, 2012

 

Respectfully submitted:

 

 

April Oneto,

Planning Board Secretary