MINUTES OF FEBRUARY 22, 2005 WORKSHOP MEETING
of the Town of Rochester PLANNING BOARD,
held at the Town Hall, Accord, NY.
Meeting was called to order at 7:06 PM by Chairperson Melvyn Tapper
PRESENT: Melvyn Tapper ABSENT: Nadine Carney
Shane Ricks Robert Gaydos
Frank Striano William DeGraw
David O’Halloran, Alternate Anthony Kawalchuk
THE CHAZEN COMPANIES: Nancy Vlahos, Senior Planner
Walter R. Artus, CPESC, Sr. Project Manager
Jan Johannessen, Planner
Pledge to the Flag
The Chairperson informed the Board that The Chazen Company was here to review and discuss new check lists to be required by applicants for consistency on the applications.
SUBDIVISION CHECKLIST
Mr. Ricks asked Ms. Vlahos if the check list was from the Town Code or if additional requirements were included. Ms. Vlahos advised that the Town Code was only for subdivisions, there were no provision in the Town Code for Site Plans and that the Board is entitled to ask for anything they want.
Mr. Artus advised that as a Board they have the ability to waive any requirements from the list.
The Chairperson said, then we get back to the point of waiving something for one person and not for another. Ms. Vlahos advised that every site is different. What could be relevant for one may not be for another.
The Board discussed subdivision of lands for the purpose of just subdividing land or subdividing land for proposed building lots with septic systems. It was agreed that Health Department approval is not required for subdivisions with lots of 5 acres or more.
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The Chairperson then started reviewing, with the Board, the “Subdivision Checklist”, which are the Town requirements, provided by Chazen. The Chairperson asked if Section 125-11, 125-13 & 125-14 was required prior to preliminary or final approval. After further discussion he was informed that it was required prior to preliminary approval
The Board discussed when Health Department approval would be required. during application procedure. Would it be required prior to preliminary approval or prior to final approval? It was decided that Health Department approval would be a condition on the final decisions.
APPLICATION PROCEDURES
It was decided that the applicant may apply to the Board as a pre-applicant. The Board will discuss the proposed use and guide applicant as to the next steps to take and explain the check list. Next a formal application should be filed with the Board. Chazen will review the application and send the applicant a review letter. Applicant will be placed on next agenda to discuss the requirements. At that time, the Board may waive certain requirements which they feel is not applicable to the application. Applicant will be instructed as to what the requirements will be and the dead line for the requirements in order to be placed on the next agenda. Chazen has agreed to provide the Board with a “FLOW CHART” regarding application procedures.
After reviewing the “Subdivision Checklist”, submitted by Chazen, the Board agreed to use the check list, as submitted with two additional new requirements for the list.
1. Erosion and Sediment Control Plan
2. Storm Water Pollution & Management Control Plan
It was explained that:
– Commercial, non-residential sites that disturb one or more acres requires both the
Erosion & Sediment Control Plan and the Storm Water Pollution & Management
Control Plan.
– Residential sites that disturb one to five acres requires just the Erosion & Sediment Control Plan.
– Residential sites that disturb five acres or more requires both the Erosion &
Sediment Control Plan and the Storm Water Pollution & Management Control Plan.
SPDES, (State Pollutant Discharge Elimination System), is the permit required from the State if storm water is discharged from the site.
Ms. Vlahos advised that Chazen will include the “Subdivision Checklist” in the review letter to the applicant. Chazen does not have the ability to waive these requirements. The Board has that ability.
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The Board, again discussed the procedure to require Board of Health approval for all subdivisions, or only if the lots are less than 5 acres. It was agreed that the Board would require Health Department approval prior to final subdivision approval only if the lots were less than 5 acres.
SITE PLAN SUBMISSION CHECKLIST
Ms. Vlahos informed the Board that the Town Code did not have Site Plan requirements. Chazen submitted a Site Plan Submission Checklist for the Board to review. Ms. Vlahos explained that the list is information that the Board needs to obtain in order to make a good informed decision regarding Site Plan Approvals. The Board then reviewed and discussed the checklist. The Board was concerned with the requirements of signed and sealed plans by a NYS Licensed Engineer, Architect and or a Survey signed and sealed by a NYS Licensed Land Surveyor. It was agreed that this should not be a requirement for every application and it should be noted that the applicant MAY be required to submit signed and sealed maps if the plan proposes physical changes. Ms. Vlahos added that this check list is a guideline, NOT A REQUIREMENT, as it is not in the approved Code of the Town of Rochester.
After reviewing the “Site Plan Submission Checklist” the Board agreed to use the check list as submitted by Chazen.
Chazen will submit a FLOW CHART for the application procedure.
LEAD AGENCY
Mr. Johannessen brought it to the Boards attention, that when he was reviewing the applications submitted to the Board, he noted that the Board would declare lead agency to every application. He then explained to the Board that lead agency should only be declared when there is a coordinated review under SEQR. For a Type I action a coordinated review must take action under law or for an unlisted action when the Planning Board feels that a coordinated review is a good idea. The Board must declare intent to be lead agency under State Law. The Chairperson informed Mr. Johannessen that the Board did follow that procedure. Mr. Johannessen then informed the Board that they did not have to declare lead agency for every application. In the future, the Board should confirm with Chazen regarding the requirements of declaring lead agency.
ESCROW ACCOUNT
Ms. Vlahos advised that when an application is submitted the applicant should be informed that the application will not be reviewed by Chazen without the correct fee deposited in the escrow account Mr. Ricks stated that this information should be included in the flow chart.
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ROAD MAINTENANCE AGREEMENT
The Chairperson questioned the enforcement of road maintenance agreements for subdivisions and retention ponds. He suggested that a Home Owners Agreement should be formed in these situations. The Board discussed the problem of who would enforce these agreements. Mr. Artus suggested that the Chairperson contact the Town Attorney.
Ms. Vlahos suggested that the Town form a maintenance district where the Town maintains and the property owners pay through their property taxes. The Board agreed that it was a great idea.
SIX MONTH REVIEW
Ms. Vlahos advised the Board that for the six month review with the Town Board regarding The Chazen Companies current and future procedures, the Planning Board should submit a recommendation to the Town Board. She added that she hoped that the Planning Board would have a positive recommendation.
The Chairperson advised that the absent Board Members will be brought up to speed via the minutes of this meeting.
SUBMISSION DEADLINE
Francis Gray informed the Board that he wants a time line for all procedures. The Chairperson informed him that the Board did have a deadline for submission of applications and additional requirements and that the deadlines were currently being enforced.
Motion was made by Mr. Ricks and seconded by Mr. Striano to adjourn the meeting.
The ayes were unanimous and at 9:20 PM, Chairperson Tapper adjourned the meeting.
COPIES OF ALL CHECK LIST AND FLOW CHARTS ARE ATTACHED
Respectfully submitted,
Brenda Striano
C.E.O. Secretary