Meeting was called to order at 7:00 PM by the Vice Chairman, Shane Ricks.
PRESENT:
David O’Halloran, Alternate
Frank Striano, Sr
Shane Ricks, Vice Chair
Robert Gaydos
Melvyn Tapper
William De Graw
Nadine Carney, Chairperson
Anthony Kawalchuck
Also present at the meeting was Town Planner, Nancy Vlahos, from The Chazen Companies.
Pledge to the Flag.
Because there was a full Board at this meeting, Alternate Mr. O’Halloran was unable to make motions or vote, but was able to participate in discussion.
CONTINUED APPLICATION REVIEW
LARAINE CALIRI:
subdivision/ lot line adjustment, Kirby Lane Private Road off of Kyserike Road, High Falls, Tax Map #77.2-2-9.111, R-1 District
Ms. Caliri was present on behalf of her application and explained that she had done excavation work to widen the mouth of the private road as required by the Ulster County Highway Dept. The UC Highway Dept. inspected the work and found it unsatisfactory to improve the site distance out onto the County Road. They instructed Ms. Caliri further as to what she would have to do and told her she should call them and someone from the County would come out and inspect the work while the excavator was doing it. Ms. Caliri was in the process of consulting with neighbors as the area that would need to be cleared further was their property.
Chairperson Carney noted that the 50’wide right-of-way was still not adequate. The 50’ needed to be continuous and the way Ms. Caliri’s surveyor was showing it, the right-of-way started out at 50’, and at a point to follow property lines, it went down to 25’ and went back to 50’.
The Chairperson instructed that the applicant have the map revised by her surveyor to show a continuous 50’ right-of-way, the Road Maintenance Agreement needed to be further revised and approved by the Town Attorney, the work from the Ulster County Highway Dept. needed to be completed and inspected, and lot 2 needed Health Dept. Approval. When Ms. Caliri had maps that were revised, she should come back before the Board and she should continue working on the other aspects mentioned as well.
NEW APPLICATION PRESENTATION
GUISEPPE & ANTONELLA CASSANO:
Special Use Permit for change of use from retail sales to membership club, Route 209, Accord, Tax Map #69.3-3-3.1, ‘B’ District
The applicants were both present and explained that they currently have a tanning salon on Route 209 at the site being applied for. There is a building behind the tanning salon where they are requesting the Special Use Permit for change of use from retail sales to a membership club being a woman’s gym that is currently in operation as Pace Fitness for Women in Stone Ridge. The building has existing well, septic, and parking.
The Chairperson suggested going over the letter of review from Planner, Nancy Vlahos dated December 21, 2004.
Ms. Vlahos touched on some of the more important aspects of her review and explained that the applicants would need to label the size of the existing sign and show any proposed signage. The plan would also require the signature of the professional that prepared it. They should also include the Density Control Schedule for the Town on the plan and display how their project complies. There were also revisions to the EAF that would need to be made. If they had any questions on the review, they should contact Ms. Vlahos or the Planning Board Secretary.
The applicants further explained that they weren’t proposing changing the building. They weren’t going to add showers—all they had to do was to paint and put appropriate flooring down. The gym would function as a monthly, yearly, or 6 month membership program. There would be guest fees available if someone wanted to check out the gym to see if they wanted to join or not.
The Chairperson explained that the applicants would need to have all of the revisions completed as per the Planner’s review letter of December 21, 2004 before they could get back on the agenda for continued application review. Again, if they had any questions they could contact the Secretary.
Ms. Cassano noted that she was due to give birth in about a week, so they may not be able to get revisions in until February.
CONTINUED APPLICATION REVIEW
AMPLE SELF STORAGE:
c/o Todd Bivona, Special Use Permit for 77,100sf of storage sheds with 1,375 sf office, Route 209, Tax Map #76.2-2-13.22, ‘B’ District
At 7:30PM, Mr. Ricks recused himself as he also owns a self storage shed facility near by this location being applied for. Alternate, Mr. O’Halloran filled his place on the Board as a full member.
Mr. Bivona was present along with his business partner Frank Castrack. Also present was Ed Sprague from Medenbach & Eggers, the engineers for the project.
Mr. O’Halloran questioned if Mr. Bivona was the actual owner of the property.
Mr. Bivona noted that it indicated on the map that the actual property owners were Joseph Grasso and Stanley Wright.
Mr. O’Halloran consulted with the Secretary and informed Mr. Bivona that he was listed on the application as the owner of the property. The Planning Board requires a letter of authorization from the property owner for someone to act on their behalf when applying for a permit.
Mr. Bivona agreed that he would get a letter of consent from the current owner even though he was in contracts to buy the property. He would also revise his application before coming back in front of the Board.
Ms. Vlahos went over her letter of review touching on key points. Under Part 1, EAF Review, there was a question about the height of the largest structure. The EAF indicated that it was 15’ and the site plan showed it as 35’.
Mr. Sprague noted that there was a typo on the site plan, the actual height of the largest building is 15’.
Ms. Vlahos also noticed that the Stormwater Basin was off of the property that was being applied for.
Mr. Bivona explained that this is where the current over flow goes.
Mr. Sprague stated that their office was still in the process of developing the Stormwater Management Plan, and he would check into this.
Ms. Vlahos questioned if there would be disturbance off site in regards to the Stormwater Management Plan.
Chairperson Carney reviewed the grading plan and noted that it did show disturbance off of the site. She instructed Mr. Sprague that all disturbance must be confined to the site in question. If there is a legal agreement with a neighboring property, the applicant needed to submit such information to the Board.
Ms. Vlahos instructed the applicant that he would need to show existing sewer and wells of neighboring properties within 200’ of the property lines. This would help determine if there was any impact from the project on bordering properties.
Mr. Castrack was concerned about how they were supposed to identify the neighboring wells and septics?
Chairperson Carney informed him that he could get permission from neighbors and contact the Ulster County Health Dept. This didn’t need to be surveyed, it could be taped off.
Ms. Vlahos also concurred with the Referral from the Ulster County Planning Board that the applicant needs to display the traffic flow better on the plan and also confirm that the internal road ways are wide enough between buildings to support through traffic and parallel parking on both sides. She also recommended that the plans be forwarded to the Fire Dept. to make sure the site had adequate access and roads for emergency vehicles.
The Chairperson was aware that sometimes it is difficult to get a response from the Fire Dept. and she suggested that the applicant send them a form letter with a box to check if their inspection was satisfactory or not. They could also send a self addressed stamped envelope. This may ensure a quicker response.
Mr. O’Halloran questioned if all types of vehicles would be able to access and maneuver between the buildings and around corners on this site, even tractor trailers?
Mr. Castrack noted that the only large vehicles entering the site would be moving vans or SUVs. They were not expecting any tractor trailers.
Upon further questioning from Board members, Mr. Sprague ensured the Board that they could do a turning radius study on the site to see what could be handled.
Mr. Castrack noted that he had just finished a similar site in New Jersey and they increased the end of the drive isles to 35’ and kept the rest of the site the same and he had no problems getting this approved.
Ms. Vlahos continued her comments by agreeing with the Ulster County Planning Board that the applicant should provide landscaping features around the entire perimeter of the site.
When questioned, Mr. Bivona stated that the rear property line is the division between residential and business zones.
Mr. O’Halloran read aloud Section 140-20(i) of the Zoning Ordinance which stated that there would need to be a solid wall of screening between a business zone and residential zone.
Chairperson Carney instructed the applicant to show all existing screening and what will be proposed to create a 6’ high at planting, dense wall or hedge row of screening with no gaps in between plantings. She then referred to the Ulster County Planning Board’s comment on buildings D& H. They were very long and very close to the side property lines. They either needed to be removed or broken up.
Mr. Bivona was going to use either building as screening for neighboring properties to the rest of the project.
Chairperson Carney noted that this was a required modification from the County and the Board would need to have a majority plus one vote to over ride it. She also noted that the Planning Board has not been in the practice of over riding County recommendations.
Mr. Tapper had questioned if anyone had seen the new storage sheds that went up on Route 299 past New Paltz. They were very aesthetically pleasing to look at.
Ms. Vlahos would get a picture of these storage sheds so the Board could see them.
Mr. O’Halloran noted that the County wanted more extensive landscaping and a more rural characteristic of the buildings.
Mr. Castrack stated that they could dress up the front of the buildings.
Mr. De Graw noted that these buildings would be constructed in phases.
Mr. Striano questioned if building ‘H’ wasn’t included in phase 1 if the RV’s would be stored outside?
Mr. Bivona stated that they would not.
Chairperson Carney reminded the applicant that even though this project may be developed in phases, any approved landscaping would have to be planted first.
Mr. O’Halloran questioned why the applicant wouldn’t just eliminate building ‘D’ and have a smaller site with wider roads?
Mr. Bivona stated that at the recommendation of the County, his other option was to break buildings ‘D’ & ‘H’ up and not have them be so long. This would be the option he would consider.
Ms. Vlahos noted instructed the applicant that he would also need a detail for the entrance gate.
Mr. Tapper questioned if the fence along the front of the site was going to be decorative. He noted that the new storage shed facility on Route 299 had a fence with a brick façade and it was very nice to look at.
Mr. Bivona noted that he would have a fence detail in the revisions. It would be decorative along the front and there would be a chain linked fence along the sides and rear of the property.
The Chairperson noted that Mr. Bivona should refer to his letter of review from Ms. Vlahos along with any discussion at this meeting to make the revisions to his site plan. The changes would need to be in by January 5, 2005 and they would need to be complete per the planner and County comments. The Planner would determine if they would be adequate to get back on the agenda.
8:20PM, Mr. Ricks rejoined the Board and Mr. O’Halloran stepped down as alternate.
NEW APPLICATION PRESENTATION
SILVER ULSTER REALTY, (Ralph Brunswick):
c/o Medenbach & Eggers, 3 lot subdivision, 209 & private road-Pine Ridge Lane, Tax Map # 69.3-3-27, ‘B’ & R-1 District
Mr. Brunswick was present along with Ed Sprague from Medenbach & Eggers to discuss the project.
Mr. Brunswick gave a brief explanation of the project. The property is just south of the Accord Feed store and just north of Gene Cannizzaro’s new tire store on Route 209. Pine Ridge Lane is an existing private road servicing about 4 or 5 lots in back. This road and these lots are not a part of Mr. Brunswick’s project. He is proposing his own private right-of-way off of Route 209 to come off of an existing driveway in order to service lots 2, 3, & 4.
Mr. Ricks wanted to know why he would propose another private road right next to an existing one (Pine Ridge Lane).
Mr. Brunswick hadn’t approached the people who own Pine Ridge Lane. He didn’t think they would be willing to accept more traffic onto their road from another subdivision.
Mr. Ricks suggested that Mr. Brunswick approach the owners of Pine Ridge Lane and try and work something out with them. He noted that there is currently a small subdivision project coming off of Route 209 and the only thing holding the applicant up is the NYS DOT. In this situation there are 2 private roads that are about 50’ apart and the NYS DOT is making them use 1 road. They are not approving entrances so close together, plus that is a very busy area with the cabinet place and fee store on one side of Mr. Brunswick and Gene’s tire going in on the other side. He didn’t believe that the NYS DOT would consider this set up for approval. If he did work out a deal where he was able to access Pine Ridge Lane, it could change the layout of the lots for the better.
Mr. Sprague noted that there was a typo on the plan. This property was in a ‘B’ & R-1 District, not ‘B’ & ‘F’. There were no flood plains in that area. This would be revised. They would also show the break in the zoning district lines as per Chairperson Carney.
Ms. Vlahos noted that lots 3 & 4 would need Health Dept. approval as they were less than 5 acres. She would check to see if a SPEDES permit from the NYS DEC was required on this project.
The Chairperson also instructed the applicant to show the limits of disturbance on each lot as well.
After conferring with the applicant and the Board, Ms. Vlahos came to the conclusion that this was a 4 lot subdivision, not 3 lots. The applicant did not include the lot with the existing dwelling on it (understood as lot 1, not labeled). Proposed improvements would need to be shown including placement of structures, wells, and septics along with topography as per the Subdivision Regulations. They would also need to show structures, wells, and septics within 200’ of all property lines. Mr. Brunswick would also need to work out the issue with the private road and get an appropriate Road Maintenance Agreement to the Board to forward to the Town Attorney for her review.
At this time Mr. Sprague requested a waiver from the topography and driveway profile as per the Subdivision Regulations.
Mr. O’Halloran believed that topography and road profiles were a great way to make sure the lot layouts and road layouts would work. Board Members often aren’t familiar with the whole project site and this gives them the best picture of the whole thing.
Mr. Tapper motioned to deny the waiver request for topography and road profile. Seconded by Mr. Striano. All members present in favor. No discussion.
The Chairperson informed the applicant that his engineer should follow the guidelines of the Subdivision Regulations. She understood that Mr. Brunswick had topography from the NYS DOT in that area and it would be up to Mr. Brunswick’s engineer to certify that topography as being accurate and following the Subdivision guidelines. She then noted that the applicant would have to submit changes by January 5, 2005 to be considered for the January agenda. The Planner would review the revisions and determine if they were complete enough to be reviewed by the Board.
DISCUSSION
MIKE SIMON– 3 lot subdivision, Cherry Lane, (50’ wide private right-of-way), off of Wright Road, Kerhonkson, Tax Map #67.2-1-5, ‘A’ District
Mr. Simon originally applied in July of 2002. The Board instructed him to get his maps in order and to look into Health Dept. approval and since then Mr. Simon has submitted updated maps in 2003, and has kept the Planning Board Office informed that he has been trying to get Health Dept. approval. The applicant has not had Public Hearing, the action has not been typed, and lead agency not declared. The applicant would now like to move forward and wants to know what the next step is. The Town Attorney was consulted as there has been such a lapse in time and she suggested getting the Board up to date by holding discussion and having them instruct applicant of next steps based on his current information.
Mr. Simon was present on behalf of his application and explained that James Rodden from the Ulster County Health Dept. has inspected the lots and determined that 2 lots would be suitable for below ground septic systems and 1 above ground. He hasn’t gotten any official permits yet from the Health Dept.
Chairperson Carney questioned if the site was at a grade less than 2%?
Mr. Simon noted that the lots were relatively flat.
The Chairperson noted that because such a substantial amount of time has passed since Mr. Simon first applied, the Board would be having the planner review his project. Once he submitted septic site plans that were approved by the County and revised maps that reflected the requirements as per the Subdivision Regulations including the proposed improvements, and topography, the Board would forward this information along with Mr. Simon’s original application to Ms. Vlahos for her review. Mr. Simon should also check into the Road Maintenance Agreement which would need to be reviewed by the Town Attorney. These revisions would need to be received by the Planning Board office by January 5, 2005 to be reviewed by Ms. Vlahos and considered for the January agenda. The requested information would need to be received by the Planning Board Office by February 2, 2005 to be considered for the February agenda.
NEW APPLICATION PRESENTATION
DONALD HASENFLUE– 4 lot subdivision, Granite Road, Tax Map #76.4-2-14, R-1 District
Mr. Hasenflue was present on behalf of his application and explained that he has septic approval for all 4 lots for raised beds.
The Chairperson explained that all of the information would need to be shown on 1 map, this would include the proposed improvements.
Ms. Vlahos touched upon some key points from her review letter dated December 21, 2004. She instructed the applicant that he would need to show all septic, well, and structure locations within 200’ of the property lines. He should also add any details or information on the stream crossing.
Mr. Hasenflue noted that the private road as identified on the map has already been constructed.
The Chairperson informed the applicant that he would still need to submit a road profile for the existing conditions of the private road as per the Subdivision Regulations. Mr. Hasenflue’s Engineer should also show the limits of disturbance to see if he would need to submit a Stormwater Management Plan or Sediment Control Plan. These revisions would need to be received by the Planning Board office by January 5, 2005 to be reviewed by Ms. Vlahos and considered for the January agenda. The requested information would need to be received by the Planning Board Office by February 2, 2005 to be considered for the February agenda.
Ms. Vlahos noted that the lot areas don’t total up to 16.8 acres. Mr. Hasenflue should have his engineer double check these. The Density Control Schedule also needs to be displayed on the plan to show the requirements for that Zone versus what the applicant is proposing.
Mr. Ricks also noted that the property lines needed to go to the center of the road to establish ownership of the road. As it was now, the applicant had the road as a separate piece of property with no owner.
OTHER MATTERS
EXTENSION ON CONDITIONAL FINAL APPROVAL
YANKEE BARN DEVELOPMENT:
c/o Bryan Zelnik, Subdivision Approval for boundary line adjustment at Mohonk Views Subdivision, Route 209 & Bank Street, Accord, Tax Map# 77.1-1-27.21 & 27.23, R-1 Zone
Mr. Zelnik sent a letter dated December 10, 2004 requesting a 90 day extension on his Conditional Final Approval as he is still trying to sort out road issues with a neighbor and the NYS DOT.
The Chairperson motioned to grant a 90 day extension to Mr. Zelnik on the above mentioned application. This would be his first of two 90 day extensions. Seconded by Mr. De Graw. All members present, in favor. No discussion.
DISCUSSION
SIMONE HARARI:
Real Escapes Property, LLC, Special Use Permit for membership spa, 85 Kyserike Road, Tax Map # 69.4-2-2, R-1 District
Ms. Harari submitted letter dated December 7, 2004 inquiring whether or not she needed an extension on her Special Use Permit she was granted on January 20, 2004. She had put up signs and started some work, but had not yet completed what was proposed.
The Chairperson felt that as long as she started the work, she was fine. This was really a Building Dept. issue as they enforce the permits. The Board would forward this along to Mr. Dymond, Code Enforcement Officer.
REAPPOINTMENTS OF OFFICERS
Mr. Ricks motioned to reappoint Mrs. Carney to the position of Chairperson for the 2005 year. Seconded by Mr. Gaydos. All members present in favor. No discussion.
Mrs. Carney motioned to reappoint Mr. Ricks to the position of Vice Chair for the 2005 year. Seconded by Mr. Gaydos. All members present in favor.
ACTION ON MINUTES OF MEETING
Mr. Gaydos motioned to accept as submitted the minutes of October 19, 2004 and November 8, 2004. Seconded by Chairperson Carney. All members present in favor, no discussion.
Mr. Gaydos motioned to adjourn the meeting, seconded by Mr. De Graw. All members present in favor, no discussion.
As there was no further business to discuss, Chairperson Carney adjourned the meeting at 9:30PM.
Respectfully submitted by Rebecca Paddock Stange, Secretary