A motion was made by George Sawyer, seconded by Carol Scofield, to approve the Minutes of August 26, 2008 as amended. Vote: All Ayes. Absent: None.

Transcription

1 Minutes of a Regular Meeting held by the Planning Board of the Town of Shawangunk, County of Ulster, State of New York, at the Town Office Building, 14 Central Avenue, Wallkill, New York, on the 7 th day of October, Those present were: Kris Pedersen, Chairman George Sawyer Alan White Mark Watkins Carol Scofield Bonnie Franson, AICP Absent: None. Also present: Please see attached sign-in sheet. Open Regular Meeting: 7:00 pm Mr. Watkins requested that the August 26, 2008 minutes be amended on page seven, first sentence to read: A lengthy discussion was held on the Adam s property located at 1004 Plains Road. A motion was made by George Sawyer, seconded by Carol Scofield, to approve the Minutes of August 26, 2008 as amended. Vote: All Ayes. Absent: None. A motion was made by George Sawyer, seconded by Carol Scofield to approve the Minutes of September 2, Vote: All Ayes. Absent: None. PRELIMINARY PUBLIC HEARINGS: Cassara, Antonio:( )Proposed Two Lot Subdivision of 18.4+/-acres with single family dwelling located on Albany Post Road / Wildrick Road in RAG-4 District. See Public Hearing Minutes. Berk Homes/Plains Estate, LLC:( )Proposed Special Use Permit with Site Plan Approval on Lot 8 for two family dwelling in the RAG-2 District / AQ-Overlay with conservation easement. See Public Hearing Minutes. CONTINUATIONS: BAF, Inc., LLC:( & )Proposed Lot Line Change Subdivision to existing lots on Dubois Street and Cottage Street with municipal services in the Hamlet District. See Public Hearing Minutes. Gabriel Dietrich:( )Proposed Amendment to Special Use Permit with Site Plan approval for internet car sales to add auto repairs / storage at 18 Myers Road in RAG-4 District. No one appeared before the Board. Mr. Sawyer conducted a site visit and said there were no drainage issues. Memorandum dated October 2, 2008 from Superintendent Martin Hand was entered into record. Mr. Hand said there were no drainage issues that affected the Town Road. The application remains incomplete. The Public Hearing was continued to November. Titus, Lee & Joanna:( )Proposed Final Approval of 32 Lot Cluster Subdivision of 25+/-acres with sewer & water off Buena Vista Avenue located in the Hamlet District and Borden AG Support Overlay District. Mr. John Tarolli, PE represented the applicant. Correspondence dated October 3, 2008 from Dennis Larios, PE with attached detail of NYS Route 208 sanitary force main connection Wallkill Sewer District. Mr. Larios said that the Town obtains these permits at the time for water and sewer work that this should not hold up the project approval.

2 Regular Minutes Page Two Titus con t. Mr. Tarolli said Mr. Larios response is less than what the applicant hoped for. He asked the Board if they would request Supervisor Valk to go the next step and request Brinnier & Larios to submit to the NYSDOT and get approval or confirmation that the work to be conducted within the State R.O.W. will be allowed. The Board agreed to ask Supervisor Valk and will send a memo. Mr. White said that the Town is going to be paving the railroad bed and is concerned that this project will have to disturb the pavement. Mr. Tarolli said they would move their disturbance if needed. Ms. Pedersen asked if there is any movement in a forward direction with this project. Mr. Tarolli said no. The application remains incomplete. The Public Hearing was continued to November. Marbil Corp.:( )Proposed Site Plan Review with Special Use Permit for sand and gravel mine on Denniston Road and NYS Route 208 in the RAG-4 District and Aquifer Overlay Protection District. No one appeared before the Board. The Board requested that a letter be sent to the applicant to inform them of the May 15, 2008 revised Town Board fees that consultant review requires an escrow to be established. The Board will request that at the time the applicant receives a NYSDEC mining permit and they return to the Town for approval of a Special Use Permit and Site Plan that an escrow of $3, to be established. The application remains incomplete. The Public Hearing was continued to November. APPEARANCES: **** Rita Krawiec:( )Proposed Special Use Permit with Site Plan Approval for Accessory Dwelling Unit at 41 Buena Vista Avenue in the Hamlet District. Ms. Rita Krawiec approached the Board. Applicant proposes to convert part of the first floor of her existing single family dwelling into a 728 SF accessory apartment and construct an attached two car garage. The following items were entered into record: Applicants submission with plans dated received September 5, 2008 and Tim Miller Associates memorandum dated October 1, The Board reviewed the plans and discussed TMA October 1 st memo. The Board has referred Rita Krawiec application to the Zoning Board of Appeals. The Board said that it appears that variances are needed for: sideline setback for the proposed garage addition Residential Use A (6)(c) Eligibility [1] Residential Use A (6)(d)[7] for accessory exceeds 650 SF(proposed 728 SF) The Board also requested that the Building Inspector conduct a site visit to determine that the accessory apartment is habitable space in accordance with the New York State Building Code. The Planning Board discussed TMA item 3(f). The Board agreed that the changes to the exterior of the residential structure will not alter the residential character of the neighborhood or the existing architecture of the building.

3 Regular Minutes Page Three Krawiec con t. A motion was made by George Sawyer, seconded by Carol Scofield determined that a waiver is appropriate and waives Residential Use A(6)[7] for the accessory dwelling to exceed 30 percent of the total floor area. The Board said the site plan is to be revised and must show a provision for parking. The application remains incomplete. The applicant will contact the office when ready to return to the agenda. Shawangunk Creek Assoc/ Pompeo:( & )Proposed Conceptual Plan for Lot Line Change and Special Use Permit with Site Plan review for Two Buildings 24 unit Senior Housing on 12+/- acres on NYS Route 208 in RAG-1 District and AQ-Overlay. Mr. Margaret Hillriegel, LS, Joel Foley and Jeff Ambrose were present before the Board. The following items were entered into record: Conceptual Phase I & II Site Plan & Survey with Lot Line Change dated September 10, 2008 with Liber 4221 page 108 building design and Tim Miller Associates memorandum dated October 2, Ms. Hillriegel said a Conceptual Plan was provided to request comment from the Board on the proposed site plan layout and design before moving forward. A copy of TMA October 2 nd memo was provided to the Representative and Applicants. Ms. Hillriegel said that TMA comments seem reasonable and the comments will be addressed. Ms. Pedersen advised Ms. Hillriegel that per the Town Board May 15, 2008 Fee Schedule an escrow for consultant review fees is required. The Board requested that the applicant provide $5, to establish the escrow account. The Board agreed that coordinated review be conducted, however, not until the Full EAF has been completed and the revised plan is submitted. Mr. White requested that the adjoining property owner SBL house, septic and well locations be shown. The Board requested that the Environmental Management Council (EMC) conduct a site visit. The Board requested that plans be sent to the Wallkill Fire District for review and comment. The application remains incomplete. The applicant will contact the Board when ready to return to the agenda. Mancuso & Family, LLC:( )Proposed Phased 12 Lot Sketch Cluster Subdivision of 77.5+/-acres with two existing dwellings located on Vinegar Hill Road in the RAG-2 District. Mr. John Tarolli, PE represented the applicant. The following items were entered into record: Letter dated September 19, 2008 from John Tarolli, PE with Stormwater Management Report dated September 2008, memorandum dated October 2, 008 from Tim Miller Associates and letter dated October 6, 2008 from Brinnier & Larios, PC. The Board reviewed map dated revision 7/20/08 and discussed with TMA October 2 nd memo and Brinnier & Larios October 6 th letter. Mr. Tarolli said TMA October 2 nd memo will be addressed.

4 Regular Minutes Page Four Mancuso con t. Ms. Franson spoke with the Town Engineer from UCDOH process. Joe Mihm said that if the applicant wants to obtain approval of Section I the applicant has to accept a condition that they develop only four (4) lots where the lots are five (5) acres or less in a three (3) year time period. If the applicant wants to develop Section II and/or Section III within the three (3) year time period then they will have to comply with Realty Subdivision requirements and obtain water and sewer review/approval on all lots now. A lengthy discussion was held on drilling all the wells for twelve (12) lots and UCDOH process. The Board requested that a Conservation Easement on the entire plan be done. The Full EAF is to show the entire project proposal. Negative Declaration, Archeological and Habitat Assessment is to be done on the entire site. The Board requested that the Town Attorney comment on the process for phasing this project. Ms. Pedersen advised Mr. Tarolli that per the Town Board May 15, 2008 Fee Schedule an escrow for consultant review fees is required. The Board requested that the applicant provide $3, to establish the escrow account. Mr. Watkins said pending on what the Town Attorney states he believes that the final resolution should reflect the total of lots allowed, the conservation easement submitted and approved and the monuments must be set. The application remains incomplete. Andoom Development Co.,Inc.:( )Proposed 58 Lot Incentive Zoning Subdivision of acres with proposed municipal services on River Road in the Hamlet District. Mr. John Tarolli, PE represented the applicant. Letter dated August 29, 2008 to Planning Board and Town Board from John Tarolli, PE with Survey Map & Incentive Plan dated June 9, 1999 Survey Map & Conventional Plan dated June 9, 1999, letter dated June 4, 2008 from Robert G. Torgersen, LA, CPESC and letter dated September 17, 2008 with Liber 4173 page 72. For the record: Current owner of this parcel is Winding River Estates, LLC. Survey maps reflect Andoom Development Co. Mr. Tarolli said that he was just informing the Planning Board on the change in amount of federal wetlands. They were re-done and confirmed by the ACOE. If the Town Board doesn t except the petition for municipal water and sewer service this project won t return. The request going before the Town Board, this will take several months and will require additional well investigation for feasibility. Ms. Pedersen said that if the Town Board provides the Planning Board with a resolution that municipal services will be allowed, the plans submitted can be reviewed. However, if that doesn t occur this parcel is in the Hamlet District which is three (3) acre zoning with individual well and septic a three (3) acre conventional plan will be required to be submitted. The project is subject to the Town Board May 15, 2008 Fee Schedule. The application remains incomplete.

5 Regular Minutes Page Five DISCUSSIONS: Watchtower Bible & Tract Society of NY, Inc.:( )Submission of Phase IB and responses for DEIS for proposed Special Use Permit with Site Plan Approval property is located at 900 Red Mills Road in RAG-4 District. Mr. Dave Kios and Mr. Enrique Ford represented the applicants. The following items were entered into record: Memorandum dated October 1, 2008 from Tim Miller Associates, letter dated October 1, 2008 from Brinnier & Larios, PE and letter dated October 2, 2008 from Hickory Creek Consultant, LLC was entered into record. A lengthy discussion was held on the Town Consultants comments. Ms. Pedersen asked the Board to consider the Watchtower DEIS for completeness. She suggested that Watchtower Representatives speak directly with Hickory Creek Consulting. The Board said at this time they considered the DEIS complete and a substantive review should begin subject to minor changes as stated within TMA and Brinnier & Larios comments. The changes from comments are to be sent to TMA and Brinnier & Larios for final signoff and then the applicant is to resubmit a clean two volume package DEIS. A motion was made by Mark Watkins, seconded by George Sawyer to deem the Watchtower Bible & Tract Society of NY, Inc Draft Environmental Impact Statement complete. Vote: All Ayes. Absent: None. Ms. Pedersen said that part of the Board s responsibility is to make the determination for recreation fees. Discussion was held on the DEIS public hearing process, time frame and TMA will prepare the Notice of Completion and a Public Hearings will be set for the DEIS and Special Use Permit with Site Plan on November 5, Pfaff-Adams, Dawn / Jeff:( & )Approved Three Lot Subdivision with Lot Line Change on Bruyn Turnpike in the RAG-4 District. Mr. and Mrs. Adams and Mr. Jeff Pfaff were present before the Board. The following items were submitted into record: Letter dated September 5, 2008 from Richard Hoyt, Esq., letter from George Lithco, Esq. dated September 9, 2008 to Richard Hoyt, Esq. The following items were submitted at the meeting: Letter dated October 6, 2008 from Michael Aiello, PE with well log dated 9/30/08 by Rich Tompkins for Jeff Pfaff, well log dated 8/22/08 by Jim Wild for Dawn Pfaff Adams and executed driveway maintenance agreement. The Board discussed the abandonment of the wells and accepted the letter dated October 6 th from Michael Aiello for signed off for the abandonment. The final maps are to be submitted for signature, recreation fees paid and the driveway maintenance agreement is to be reviewed as per the Town Attorneys September 5 th comments. Prospect Heights: Regarding Map Note Street Tree from Letter received on April 1, 2007 for project. Mr. Abraham Berkovic and John Tarolli, PE was present before the Board. Letter from Richard Hoyt, Esq. dated September 9, 2008 to George Lithco, Esq. was entered into record. The Board discussed the Prospect Heights site visit to review proposed locations for street trees for purposes of updating the road bond which was prepared some time ago.

6 Regular Minutes Page Six Prospect Heights con t. The Planning Board recommends to the Town Board that the Prospect Heights Cluster Subdivision be required to bond for eighty (80) street trees. Because the site is wooded in nature, the Planning Board determined that the street trees should be planted in those areas that are open, e.g., former agricultural field areas or places where grading had created significant open areas adjoining the road. In addition, the Planning Board determined that to the extent that there are leftover trees, the applicant should also locate street trees along New Prospect Road to the extent possible. Thus, planting of trees shall be planted in the open areas along New Prospect Road and along the road entering into the subdivision every 40 on both sides up to the interior loop. All trees are to be planted outside of the County and Town Right of Ways. The eighty (80) trees must be shown on the final subdivision map prior to the Chairwoman signature, preferably on a separate plan sheet. All plants delivered in advance of planting shall be kept in shade, watered and maintained in good condition until planting. To avoid drought-stress, trees shall be planted prior to June 1 or later than September 1. All plantings shall receive a minimum of 1 depth of water per week during the growing season from rainfall or other means, such as TreeGators. Standard landscape notes and details, e.g., Rolling Hills, are to be included on the street plan. Knoth, Joseph:( )Preliminary Approval of 24 Lot Cluster Subdivision of 61.3+/-acres on River Road with road and Town Sewer in the Hamlet District. Mr. George Litcho, Esq. represented the applicant. The following items were entered into record: Letter dated September 8, 2008 from John Tarolli, PE with Bond Estimate and Map dated revision 6/28/07, letter from Richard Hoyt, Esq. dated September 10, 2008 to George Lithco, Esq. and letter dated October 6, 2008 from Brinnier & Larios, PC. Ms. Pedersen advised Mr. Lithco that per the Town Board May 15, 2008 Fee Schedule an escrow for consultant review fees is required. The Board requested that the applicant provide $3, to establish the escrow account. The Board reviewed the Brinnier & Larios October 6, 2008 bond estimates for the Knoth Cluster Subdivision. A motion was made by Alan White, seconded by Carol Scofield to recommend to the Town Board the Public Improvement Bond Estimate for Knoth Subdivision as stated in Brinnier & Larios October 6, 2008 letter for Public Improvements Bond Estimate of $1, Vote: All Ayes. Absent: None. A motion was made by Mark Watkins, seconded by George Sawyer to recommend to the Town Board the Construction Supervision/Inspection for Knoth Subdivision as stated in Brinnier & Larios October 6, 2008 letter for Construction Supervision/ Inspection of $61, Vote: All Ayes. Absent: None. A motion was made by Mark Watkins, seconded by George Sawyer to recommend to the Town Board the Municipal Oversight/Administration for Knoth Subdivision as stated in Brinnier & Larios October 6, 2008 letter for Municipal Oversight/Administration of $36, Vote: All Ayes. Absent: None. The total recommended bond amount is $1,512, A memo will be sent to the Town Board. Mr. Lithco asked the Planning Board whether they would consider entertaining a sectional development of eight possible lots for Knoth. Ms. Franson asked if the detention basin would be included within the first phase. Mr. Lithco said yes.

7 Regular Minutes Page Seven Knoth con t. Ms. Pedersen said that prior to any final action; any issues associated with a sewer agreement need needs to be resolved. The Board agreed to a sectional development for the Knoth project, subject to Town Attorney s acceptance. The project is subject to the Town Board May 15, 2008 Fee Schedule. The application remains incomplete. Plains Estates: Bond reduction letter dated September 12, 2008 from Brinnier & Larios, PC was entered into record. The Board discussed the Brinnier & Larios, PC Public Improvement Bond Reduction letter dated September 12, 2008 for the remaining work at Plains Estates. A motion was made by Alan White, seconded by Carol Scofield to accept and recommend to the Town Board the Public Improvements Bond Estimate as stated in Brinnier & Larios September 12, 2008 letter for Public Improvements Bond Estimate of $187, Vote: All Ayes. Absent: None. A motion was made by Carol Scofield, seconded by Mark Watkins to accept and recommend to the Town Board the Construction Supervision & Town Inspection Escrow as stated in Brinnier & Larios September 12, 2008 letter for Construction Supervision & Town Inspection Escrow of $3, Vote: All Ayes. Absent: None. A memo will be sent to the Town Board. CORRESPONDENCE: Open Space Conservancy/Doimi/Cornella/Portunondo: Letter dated September 5, 2008 from Richard Hoyt was entered into record. The applicant will contact the Board when ready to return to the agenda. Southeast NY Stormwater Conference: October 15, 2008 Dutchess Manor, Beacon NY was entered into record. Wallkill Fire Commissioners: Letter to Habig & Cirillo Architects dated 9/5/08 regarding new firehouse was entered into record. Wallkill Fire District: Letter to Town Board regarding Fire Apparatus Access Roads for new town roads was entered into record. UCPB: UC Planning Board Fall 2008 Seminars was entered into record. Board of Fire Commissioners Wallkill Fire District: Letter dated September 19, 2008 was entered into record. Town Board: Memorandum dated October 6, 2008 was entered into record. The Town Board advised the Board that it is the Town Board s responsibility for determination of maintenance to drainage districts. Each case will be handled separately and the cost charged back to the district. ADJOURNMENT: A motion was made to adjourn the meeting by Alan White, seconded by George Sawyer. Vote: All Ayes. Absent: None. The meeting was adjourned at 9:41 p.m. Respectfully submitted, Robin C. Kaufmann, Secretary

8 Minutes of a Preliminary Public Hearing held by the Planning Board of the Town of Shawangunk, County of Ulster, State Of New York, at the Town Office Building, 14 Central Avenue, Wallkill, New York, of the 7 th day of October, 2008 for a Two Lot Subdivision Approval for application of Antonio Cassara. Those present were: Kris Pedersen, Chairwoman George Sawyer Alan White Mark Watkins Carol Scofield Bonnie Franson, AICP Absent were: None. Also present were: See attached sign in sheet. Cassara, Antonio:( )Proposed Two Lot Subdivision of 18.4+/-acres with single family dwelling located on Albany Post Road / Wildrick Road in RAG-4 District. Mr. John Tarolli, PE represented the applicant. Applicant proposes to create Lot 1 of 3.69+/-acres, net acreage of 2.02+/-acres with existing dwelling and Lot 2 of /-acres, net acreage of 12.4+/-acres. Mr. Tarolli said the UCDOH has signed off and submitted dated 9/26/08 for the record. The following items were entered into record: Letter dated September 12, 2008 with revised map dated 9/10/08 and memorandum dated September 5, 2008 from Martin Hand, Superintendent. Ms. Pedersen read Superintendent s September 5 th memo into record. Ms. Pedersen asked if there were any comments or questions from the Board or audience. Mr. Sawyer said the map reflects the incorrect spelling of Malloy Road and is to be corrected. Mr. Watkins said a Town curb cut permit is required. Ms. Franson said that the Town Attorney requested that he review the final map notes. A motion was made by Mark Watkins, seconded by Alan White, to declare a Negative Declaration on the environment for the Two Lot Subdivision. Vote: All Ayes. Absent: None. After one hour a motion was made to close the Preliminary Public Hearing by George Sawyer, seconded by Mark Watkins. Vote: All Ayes. A motion was made by Mark Watkins, seconded by George Sawyer to grant Preliminary Approval, waive Final Public Hearing and grant Final Approval for this Two Lot Subdivision subject to Town Attorney review with sign off on final map notes, UCDOH permit, Town curb cut permit and recreation fee. Vote: Carol Scofield, aye, Mark Watkins, aye, Alan White, aye, George Sawyer, aye, Kris Pedersen, aye. Vote: All ayes. Absent: None. Respectfully Submitted, Robin C. Kaufmann, Secretary

9 Minutes of a Preliminary Public Hearing held by the Planning Board of the Town of Shawangunk, County of Ulster, State Of New York, at the Town Office Building, 14 Central Avenue, Wallkill, New York, of the 7 th day of October, 2008 for a Special Use Permit with Site Plan Approval for application of Berk Homes / Plains Estates, LLC. Those present were: Kris Pedersen, Chairwoman George Sawyer Alan White Mark Watkins Carol Scofield Bonnie Franson, AICP Absent were: None. Also present were: See attached sign in sheet. Berk Homes/Plains Estate, LLC:( )Proposed Special Use Permit with Site Plan Approval on Lot 8 for two family dwelling in the RAG-2 District / AQ-Overlay with conservation easement. Mr. John Tarolli, PE and Mr. Abraham Berkovic were present before the Board. Mr. Tarolli said that they are working with the UCDOH for septic permits. The following items were entered into record: Mercurio, Norton & Tarolli (MNT) letter dated September 3, 2008 with Survey & Site Plan dated revision 9/2/08 Conventional Plan dated revision 9/2/08 Revised House plans (Front Elevation E, Front Elevation F, First Floor Plan SF living area / Parents Quarters 1064 SF, Second Floor Plan SF living area). The Town access curb cut permit No: is on file, however, Member Sawyer requested that the Superintendent revisit the site to confirm that the access is the same, as it appears the location for the two family has been moved from the original site shown on the Plains Estate approved final map. The Board discussed monumentation along the conservation easement area and requested orange construction fencing installed prior to site disturbance. The Board accepted the building renderings and floor plans that are on file and attached to MNT September 3, 2008 letter. Ms. Pedersen asked if there were any comments or questions from the Board or audience. There were none. A motion was made by Mark Watkins, seconded by George Sawyer, to declare a Negative Declaration on the environment for the Special Use Permit with Site Plan. Vote: All Ayes. Absent: None. After one hour a motion was made to close the Preliminary Public Hearing by George Sawyer, seconded by Carol Scofield. Vote: All Ayes. Town of Shawangunk Planning Board Resolution Granting Special Use / Site Plan Approval For Berk Homes 2 Family Home on Lot 8 Plains Estates Subdivision. At a regular, duly noticed meeting of the Planning Board of the Town of Shawangunk held at the Town Hall Central, Wallkill, New York on the 7 th day of October 2008, the following Resolution was moved by Member Sawyer, seconded by Scofield, and upon a vote of 5 ayes (CH. Pedersen; Members Sawyer, Scofield, White and Watkins) and 0 nayes was declared duly adopted. WHEREAS, in 2006, the Planning Board of the Town of Shawangunk approved a 20 lot cluster subdivision (19 new lots and 1 pre-existing residence on a separate lot) and said map was filed with the Ulster County Clerk as Map # and WHEREAS, in 2008 Berk Homes, for the record owner Plains Estates, LLC, made application for a Special Use Permit / Site Plan approval for a 2 Family Home for Lot 8 and

10 Final Minutes Berk Homes con t. Page Two WHEREAS, the Zoning Ordinance of the Town as Section (B) 4 allows 2 Family homes in the R-Ag2 zoning district by Special Use Permit and provided that the various conditions outlined in Section (a)7 all have been met and WHEREAS, because Plains Estates is a cluster subdivision, the Planning Board required Berk Homes to establish to the satisfaction of both the Town Board and the Planning Board that the proposed addition of a 21 st dwelling unit would not exceed the allowable number of units if the original 72+/- acre parcel had been subdivided conventionally and WHEREAS, Mercurio-Norton-Tarollli, Pc Pine Bush, New York have submitted detailed plans and a reanalysis of the density issue and have established to the satisfaction of both the Town Board and the Planning Board that the conventional, as-of-right subdivision plan could have reflected one (1) additional dwelling unit and WHEREAS, one of the goals of the Comprehensive Plan of the Town is to pr4omote affordable housing in the Town and such goal will be achieved by allowing the single-family home proposed Lot 8 to be replaced with a 2-Family home and WHEREAS, Lot 8 is a acre parcel located at the backside of the subdivision road (Van Wyck Court) and includes an area net of floodplains, wetlands and water bodies, of acres and WHEREAS, pursuant to notice of a Public Hearing was held at the Town Hall on at which time all persons were given an opportunity to be heard on the matter at hand and WHEREAS, the Town Board has granted its discretionary approval to allow the addition of the one (1) additional unit to the previously approved cluster plan based upon the facts and circumstances of this particular case and WHEREAS, the Planning Board, likewise, finds it in the best interest of the Town to allow this particular two (2) family home to be substituted for the previously proposed single family home based upon the various unique factors presented by this application including, without limitation, the fact that the parcel is over 14 acres in size, is located in the rear of the subdivision, would have been approvable under the original cluster plan, meets all of the requirements of the Zoning Ordinance for two (2) family homes and results in the same number of bedrooms (4) as was proposed for the single family home previously shown for this lot in 2006 and WHEREAS, nothing in this Resolution shall be read as requiring that nay other approved cluster plan in the Town be allowed to be modified because, on this unique facts, the Plains Estates cluster plan is being modified. NOW, THEREFORE, BE IT RESOLVED that based upon the findings of fact set forth above and the separate Negative Declaration adopted just prior to the consideration of this Resolution, the application for a Special Use Permit and Site Plan approval for a 2 Family home for Lot 8 of the Plains Estates subdivision be and hereby is granted subject to the following conditions: 1. The 2 Family house is to be constructed in complete accord with the approved plans including, without limitation, all the elevations and floor plans attached to the Mercurio, Norton & Tarolli, PC letter dated September 3, 2008, including but not limited to: Front Elevation E First Floor Plan SF Living area (Parents Quarters = 1064 SF) Second Floor Living area 2. All of the Zoning area and other ordinance requirements for two-family have been met. The cluster bulk requirements are to be removed from the bulk table shown on the plan and convention bulk requirements applicable to the RAG-2 district and two-family dwellings shall apply and be recited. 3. A recreation fee is paid as per the Town Fee schedule prior to or at the time a building permit is issued.

11 Final Minutes Berk Homes con t. Page Three 4. Per the submitted plans, the total number of bedrooms in the entire structure shall not exceed four (4). The primary dwelling shall be three (3) bedrooms and the secondary dwelling shall be one (1) bedroom. 5. Permanent monumentation is to be installed prior to Certificate of Occupancy. Monuments shall be the same as depicted on the photos submitted by the applicant, which are the same as monuments installed at the Prospect Heights subdivision. Four (4) monuments shall be installed along the conservation easement area proximate to the septic system and rear yard of the dwelling. The monument locations shall be shown on the site plan prior to its signing by the Chairwoman. 6. Temporary orange construction fence is to be installed prior to any site disturbance along the Conservation Easement line to ensure that the conservation easement area remains undisturbed. 7. Highway Curb Cut Permit shall be reviewed and, as necessary, approved by the Highway Superintendent. 8. Submission of signed UCDOH stamped map or permit for the septic system. Dated: Wallkill, New York BY ORDER OF THE PLANNING BOARD OF THE TOWN OF SHAWANGUNK KRIS PEDERSEN, CHAIRPERSON Respectfully submitted, Robin C. Kaufmann, Secretary

12 Minutes of a Preliminary Public Hearing held by the Planning Board of the Town of Shawangunk, County of Ulster, State Of New York, at the Town Office Building, 14 Central Avenue, Wallkill, New York, of the 7 th day of October, 2008 for a Lot Line Change Subdivision Approval for application of BAF, Inc., LLC. Those present were: Kris Pedersen, Chairwoman George Sawyer Alan White Mark Watkins Carol Scofield Bonnie Franson, AICP Absent were: None. Also present were: See attached sign in sheet. BAF, Inc., LLC:( & )Proposed Lot Line Change Subdivision to existing lots on Dubois Street and Cottage Street with municipal services in the Hamlet District. Mr. Robert Cox represented the applicants. Applicant proposes to rearrange the lot lines to conforming lots to provide a larger back yard for single family dwellings and use existing driveways. Tax Map Parcel of 0.28+/- acre (12,276 SF) to be 0.38+/-acre (16,456 SF). Tax Map Parcel of 0.46+/-acre (19,848 SF) to be 0.36+/-acre (15,668 SF). The following items were entered into record: Map dated revision September 17, 2008, driveway permits & and September 9, 2008 memorandum from the Planning Board. The Board reviewed revised map dated September 17, The map has been revised, the requested changes plot mature trees, sidewalk, house relocation note, change gravel drive to blacktop and tree note have been added. The sidewalk type / construction is being reviewed by the Town Board which has referred it to the Town Attorney, Highway Superintendent and Town Engineer. Discussion was held on the present location of sidewalks in this area. A motion was made by George Sawyer, seconded by Mark Watkins, to declare a Negative Declaration on the environment for the Lot Line Change Subdivision. Vote: All Ayes. Absent: None. A motion was made to close the Preliminary Public Hearing by George Sawyer, seconded by Carol Scofield. Vote: All Ayes. A motion was made by Mark Watkins, seconded by Carol Scofield to grant Preliminary Approval, waive Final Public Hearing and grant Final Approval for this Lot Line Change Subdivision subject to the Town Board (Town Attorney, Highway Superintendent, Brinnier & Larios) determination of the sidewalk. Vote: Carol Scofield, aye, Mark Watkins, aye, Alan White, aye, George Sawyer, aye, Kris Pedersen, aye. Vote: All ayes. Absent: None. Respectfully Submitted, Robin C. Kaufmann, Secretary