MINUTES OF FEBRUARY 15, 2005 REGULAR MEETING
OF THE Town of Rochester PLANNING BOARD,
held at the Town Hall, Accord, NY.
Meeting was called to order at 7:05 PM by Chairperson Melvin Tapper
PRESENT: Melvin Tapper ABSENT: Robert Gaydos
Frank Striano
Shane Ricks
Nadine Carney LATE: William DeGraw
Anthony Kawalchuk
David O’Halloran, Alternate
Pledge to the Flag
LARAINE CALIRI, Continued Application Review
Subdivision lot line adjustment, Kirby Lane, Private Road off of Kyserike Road.
Board members reviewed the revised maps. Ms. Caliri informed the Board the requirements of removing huge amounts of earth from the entrance to her property and her neighbor’s property. Her neighbors live in Brooklyn and she was trying to arrange a time for them to look at the situation. She had forwarded the site plan to them. Mr. Ricks advised that the maps should be revised to clearly indicate the lot lines and the location and owner of the roadway, (R.O.W.). Ms. Carney suggested conditional approval be granted. Mr. Tapper would not be willing to grant conditional approval until County Highway Dept. is obtained. Ms. Caliri indicated that she did not want to spend $5,000 for the site distances improvements, unless she was secure that she would obtain subdivision approval.
Motion was made by Ms. Carney and seconded by Mr. Striano to grant conditional approval with the following conditions:
1. Road Maintenance Agreement
2. Ulster County Approval for Driveway
In Favor: Frank Striano Oppose: Melvin Tapper
Shane Ricks William DeGraw
Nadine Carney
Anthony Kawalchuk
David O’Halloran
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AMPLE SELF STORAGE, Continued Application Review
Mr. Shane Ricks recused himself from application before the Board.
Mr. Tapper informed the public that Mr. Todd Bivona, of Ample Self Storage proposes to construct a self storage facility on Route 209 across from C.J.’s Autos. The parcel is located in the Business District.
Mr. Medenbach reviewed the site plan with the Board and submitted additional information in response to a letter received by Chazen Companies. Revised EAF, 2 copies of survey map, copy of deed and memo from the D.E.C. Mr. Medenbach informed the Board of the changes made to the site plan as per the request of the County Planning Board. Breaking up the buildings, architectural design and land scaping. Still working on obtaining D.O.T. permit approval. Mr. Medenbach explained where a tractor trailer would turn around on the site.
Mr. Tapper informed the Board that he did not see anyway that he could vote for this project. To close to the road, all buildings are visible from Route 209. The Board should try to maintain the rural atmosphere of the Town. He stated that he could not speak for any other Board Members. Unless there are drastic changes to the plan he would vote no.
Mr. Medenbach stated that this district is currently zoned business and this is a permitted use within that district. You have no architectural standards in the Town to prohibit this. He further stated that Mr. Tappers decision is arbitrary.
Mr. Tapper quoted The Town Law of the State of New, York,Chapter 62 of Consolidated Laws, Article 16, “To protect and promote public health, safety, morals, comfort, convenience, economy, town esthetics and the general welfare and for the following additional purposes:
A. To promote and effectuate the orderly physical development of the Town of Rochester;
B. To encourage the most appropriate use of land in the community in order to conserve and enhance the value of property;
C. To provide adequate and suitably located commercial facilities;
D. To protect and enhance existing wooded areas, scenic areas and waterways and to preserve, where appropriate, the essentially rural character of the town;
Mr. Tapper said he feels this project does not comply with the above list.
Mr. Medenbach informed Mr. Tapper that the Board has approved several storage facilities in the Town already. Mr. Tapper responded that it was long ago and this project was bigger. He further related that several in the Town were enough and that all of the buildings are too close to the road.
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Mr. O’Halloran wasn’t sure what Mr. Tappers intent was to inform the applicant that he would vote no for this application. Discussion regarding changing site plan and Mr. Tapper responded that he would not vote for the project with any changes. Mr. O’Halloran responded that he was very uncomfortable with the Chairperson rejecting a project this early in the application process.
Mr. Medenbach stated that they would like Mr. Tapper to abstain any further process of this application. Mr. DeGraw responded that Mr. Tapper had a valid point and that if you have strong feelings regarding an application it is not required that he abstain. Further, he agreed with Mr. Tapper that it is an over use of the property.
Mr. Kawalchuk responded that he feels the vote should be based on a professional opinion, not a personal opinion.
Discussion regarding if the buildings exceeded density according to Town Code. Ms. Carney advised that the plan was under the maximum listed under the Town Density Control Schedule.
Mr. O’Halloran stated that the Board should be discussing the application, not stating our vote at this time. He then discussed the County recommendation regarding changes to the site plan. He further related that he agreed with the County Recommendation to remove the two outside buildings. The Board and Mr. Medenbach discussed drainage, screening, parking, gate keys, flat roofs, peak roofs, visible doors, etc.etc.
Motion was made by Mr. O’Halloran to follow the County Recommendations to remove the outside buildings on both sides. No second motion.
Motion was made by Mr. Striano and seconded by Ms. Carney to schedule the public hearing. No discussion. All Members present and Alternate in favor.
VINCENT VALETUTTI, Continued Application Review
Shane Ricks returns to the Board.
Mr. Mendenbach informed the Board that they have created a turnaround and submitted a profile of the road with regrading to create the existing driveway down 15%. Mr. Medenbach explained that it is an existing driveway and the run off goes into the woods. Mr. Ricks asked if the road was built to driveway standards and did not require ditches. Mr. Medenbach replied that is correct. Mr. Medenbach advised the Board that Soil Erosion Sediment Control is required as the disturbance it is greater that one acre. He then explained that under the State Real Property Law you can create four lots under five acres before Health Department Approval is required. However, he will obtain Health Department Approval for all lots.
Discussion on access roads for future development on surrounding properties.
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Motion was made by Mr. Ricks and seconded by Mr. Tapper to schedule public hearing.
More discussion regarding providing right of ways to surrounding properties in future applications. Mr. Tapper suggests the Board discuss this at next the Workshop meeting.
All Members present and Alternate in favor of motion.
TLB MANAGEMENT CORP, C/O LEONARD & TERRY BERNARDO,
Site Plan Approval for 36,000 sq.ft. roller rink
Shane Rick recused himself from the application before the Board
Mr. Tapper stated that the Applicant is seeking to reduce the size of the building by 6,000 sq.ft.
Mr. Medenbach explained that they would like to pull in the building each end 12 &1/2’ and push the front back 5’ and the back 5’. They would not be changing any curbing, parking and provide more land scaping around the building. Just reducing the building size within the same foot print.
Discussion regarding parking and building size. No change in parking and size of rink inside the building.
Ms. Carney asked if the Board was waiting for anything regarding this application. Mr. Medenbach responded that they were waiting for Health Department and Department of Transportation. They have received the D.O.T. approval and very close to obtaining Health Dept. If this Board agrees that this is an administrative change a new site plan will be submitted.
The Board discussed the Town Attorney reviewing the new information.
Motion was made by Mr. O’Halloran and seconded by Mr. Striano that the Board view this change an administrative change, based on the Attorneys approval allowing the Applicant to continue with the current approvals.
In Favor: Melvin Tapper Oppose: William DeGraw
Frank Striano
Shane Ricks
Nadine Carney
Anthony Kawalchuk
David O’Halloran
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MOUNTAIN VIEW STABLES, Discussion – Subdivision Approval, Phase III
Shane Ricks returns to the Board
Mr. Tapper explained that this was a III phase subdivision. Phases I & II have been approved. This discussion is regarding phase III. Mr. Medenbach reviewed the map with the Board. Discussion regarding roads, cul-de-sacs, number of lots, revisions, and preliminary approvals. Phase III consist of 3 lots, a 12 acre, 8 acre and a 14 acre. Provision for access into the remaining 128 acres. The applicant may return to Board for 5 additional lots.
The applicant was advised to file a subdivision application.
DAVID HARRITON, Discussion – Subdivision Approval, Phase II
The Chairperson explained that Mr. Harriton purchased 6 lots in the Phase II, Mountain View Stables and would like to change the location of the proposed road and cul-de-sac.
Mr. Graff was present to represent the applicant. He reviewed the map with the Board indicating the proposed changes. Mr. Graff and the Board discussed the problems with waiving the existing performance bond for the road construction and consolidating lots. Mr. Ricks asked if Mr. Graff would submit a letter for the Town Attorney’s opinion. Mr. Graff stated that a letter was submitted with no response as of yet. Discussion ended with the agreement to review Attorney response.
MIKE SIMON, Discussion, 3 Lot Subdivision, Cherry Lane
Mr. Simon reviewed the map with the Board. Mr. Simon informed the Board that there were two road maintenance agreements existing on the road. 75% of the residence of the road were willing to sign an agreement. Mr. O’Halloran asked if it was legal for Mr. Simon to sign onto one of the existing agreements instead of having several agreements for the same road. Mr. Ricks advised Mr. Simon to have his neighbors sign an agreement and submit it to the Board for the Town Attorney review. Mr. Ricks also requested a copy of the deed and note from Bill Eggers regarding topography. The Board reviewed the check list with Mr. Simon and discussed the surrounding properties.
Motion was made by Ms. Carney and seconded by Mr. DeGraw to waive requirement #7 of the list regarding driveway profiles. Discussion to make a note that motion should include waiving driveway profiles on single driveways on this application because they are not shared driveways. All Members present and Alternate in favor.
The Board agreed to wait for revised plans and information to schedule the public hearing.
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RV ASSOCIATES, Public Hearing,Special Use Permit for 2 additional self
storage buildings on Mettacahonts Road.
Shane Ricks recused himself from the Board
The Chairperson explained to the public that the applicant has 5 existing self storage buildings approximately 600’ off of Route 209 and is requesting to build an additional 2 buildings.
Mr. Tapper read a letter sent to the Town Attorney from the Planning Board, dated January 20, 2005 regarding the Town Zoning Maps and the response from that letter dated February 15, 2005. (COPIES ATTACHED)
The Chairperson also read into the record letters from:
– Historic Preservation Commission, dated December 1, 2004.
– B.R. Van Diest, dated December 21, 2004
– Ulster County Planning Board, dated February 2, 2005
(COPIES ATTACHED)
Mr. Tapper then added that, holding the public hearing tonight does not affect anything. If it is found that if the zoning change was legal, Mr. Ricks has a pre-existing, non-conforming use. If the map is not legal, then Mr. Ricks property is in the business district and the public hearing should continue.
Mr. Ricks then reviewed the map with the Board.
Mr. Tapper stated that he did not like the map submitted for this application which has a Planning Board Approved stamp. Mr. Ricks responded that he would remove the approved stamped and submit a new map.
Mr. Ricks explained that he positioned the new buildings to the rear of the existing building so that they would not be in view from Route 209, the Van Deist property or the Rochester Church.
Mr. Ricks discussed the Ulster County Planning Board Recommendations regarding additional screening. He further stated that he planted the landscaping the first time the County approved it. The Board had asked for 4’ to 6’ trees and he installed 12’ to 15’ trees and also additional trees.
Mr. Tapper stated that the County Planning Board comments were, that if the Town Planning Board considered this application to be complete then the County recommendations should be treated as required modifications. Mr. Tapper would like to see additional screening in the front of the buildings.
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Mr. DeGraw suggested the D.E.C. be contacted regarding storm water runoff. Ms.
Carney stated that she spoke to the D.E.C. and informed the Board that a storm water
plan is required if the project is more than an acre then it would be effected. Mr. Ricks indicated that the new buildings were less than an acre. Mr. O’Halloran stated that the D.E.C. be contacted so that the Board would have guidance for the future.
Mr. Ricks explained that the property water runoff is absorbed in the land and there is a farm ditch that runs along the edge of the woods line. There is also a swamp area across the street with culvert under Mettacahonts Road and is usually dry. It goes around the back of the church and under Route 209.
OPEN TO THE PUBLIC
Mr. Fornal presented to the Board a copy of a 1975 document regarding the Business District on Route 209. He then read a letter to the Board, dated February 15,2005.
(COPY ATTACHED)
Wayne Greer stated that Mr. Ricks is placing the buildings behind the existing building to lessen the visual impact. He suggested to Mr. Ricks that he place the new buildings in front so everybody can look at them.
Ruth Bendelius state that she believes there is error in the advertisement of this public hearing. “The area in which the storage facility is in, is a residential zone, not a business zone. If you look at the original zoning map from 1968, the 1989 map and the latest 2002 map, none of these maps indicate that these buildings are in the B zone. In April of 1973 the business zone extended to a depth of 300’. In 1975 it changed from 300’ to 600’ for all commercial zone in the Town. The parcel under review was totally residential in 1968. In 1976 a number of properties, including Shane Ricks were rezoned, against the advice of the County Planning Board. Quoting {Rick Chafer?} the principal planner for the County – “Of the approximately 8 miles of Route 209 in the Town of Rochester, over 6 miles for each percent of this highway will be zoned commercial. This was in 1976, long before Randy Hoornbeck had his properties rezoned. According to Mr. {Chafer?}, for a community of 4,000, this would appear to be excessive, especially since the Town had previously zoned all commercial depth to 600’, which the County Board had recommended in a more selective increase. For comparison, the regional shopping area in the City of Kingston , north to Route 199 in the Town of Ulster is a little over 2 miles on length.” This Town has been very reckless in its zoning and planning practice. Because all zoning changes along State and County Roads and any within 500’ of a State or County Road, applications are required by the County Planning Board. County paper work shows that there is no evidence that any application for a depth greater that 600’ on this property has ever been reviewed by the County. The proposed storage buildings and the existing buildings are in a residential. This was accomplished, I believe, by a frivolous special use permit.
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I presented a letter to Veronica Sommer, our Town Clerk, and our Town Supervisor with a copy to {? Mr. Pataki?} and our Planning Board Chairman requesting under the Freedom of Information Law, information that must be gathered and studied by the Planning Board before any action can be taken on this illegal expansion.
Special favors and unequal treatment must be a thing of the past.”
Ms. Bendelius then read a letter addressed to Veronica Sommer, Town Clerk, dated February 15, 2005. (COPY ATTACHED)
Stanley Hudson stated that he believed the Board should look into the screening very carefully. The Planning Board sends applications to the County Planning Board and they review it. He understands the public concern regarding the buildings facing Route 209. The County Planning Board recommended that 6’ trees alternating every 5’ or a fence be installed. The County has also recommended non-glaring lighting.
Britton Baker asked if there is a procedure in place when the Planning Board has a problem like this. If there is, he would like to hear about it. If there is not, he would like to know if the Board would like to secure a procedure.
Mr. Tapper responded that the Board would be interested in following a procedure and this was the first time that they had this type of situation.
Mr. Ricks then presented a County map showing the buildings within the 600’ and explained that the Code Enforcement Officer and the Assessor informed him of the distance of the business district in the year 2000.
END OF TAPE – SIDE 1
Mr. Tapper stated that the Town Attorney was informed of this situation and that she was researching the matter and that the Town Board is aware.
Kathy Kuthy stated that she understood that the application was incomplete that there should not be having a public hearing. She then reviewed the map with the Board.
Steve Fornal stated that the law is clear that the business district is 600’.
He then asked that, in the future, if the Board would consider placing public hearings first on the agenda.
Barbara Fornal asked why Mr. Ricks sits on this board with application after application requiring screening when his screening was not sufficient.
Mr. Tapper stated that we should not get into personalities.
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Motion was made by Mr. O’Halloran and seconded by Mr. DeGraw to continue the public hearing. All members present and Alternate in favor.
Mr. Ricks discussed screening with the Board.
Mr. Ricks was informed that the following information was required:
– landscaping
– erosion control plan
– location and specifics of lighting
Motion was made at { ? } by Mr. O’Halloran and seconded by Ms. Carney to adjourn the meeting. All Members present and Alternate in favor.
COPIES OF LETTERS READ INTO THE RECORD ARE ATTACHED
PLEASE NOTE THAT I WAS NOT PRESENT AT THIS MEETING
Respectfully submitted,
Brenda Striano
Code Enforcement Office Secretary