MINUTES OF MARCH 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: Anthony Kawalchuk
Frank Striano William DeGraw
Shane Ricks David O’Halloran, Alternate
Nadine Carney
Robert Gaydos
THE CHAZEN COMPANIES: Nancy Vlahos, Senior Planner
Pledge to the Flag
KEVIN MAHONEY, New Application Presentation, 10 Lot Subdivision
Lower Whitfield Road
Barry Medenbach was present to represent Mr. Mahoney for a proposed 10 lot subdivision on Lower Whitfield Road. Application was previously address by the Board for a 6 lot subdivision. Applicant has withdrawn that application and submitted a new application for 10 lots. The Board reviewed the new maps. Mr. Ricks noted that a tributary from the Rochester Creek was located on the property and inquired as to setbacks requirements for septic systems. Mr. Medenbach responded that setback requirements for septic systems are 100’ from any body of water. Mr. Medenbach further advised that the applicant has obtained D.E.C. approval for crossing the stream
The Chairperson noted that the Board had received the first review letter from Chazen Companies and informed Mr. Medenbach that he would forward a copy to him.
Mr. Medenbach discussed the shared driveway, cul-de-sac and crossing the stream with the Board. The Highway Superintendent has not been asked to view the property as of yet. Mr. Medenbach advised that he would make the changes to the map suggested by Chazen Companies. It was understood that an EAF was submitted to the Planning Board Office. Mr. Mendenbach asked the Board if they would like to see any major changes in the map. If not, he would resubmit a more detailed plan. The Chairperson stated that a Subdivision Checklist would be forwarded to him.
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AMPLE SELF STORAGE, Public Hearing
Shane Ricks recused himself from the Board
Philip Cataldi from the firm of Collier & Berger was present along with Barry Medenback and Todd Bivono.
The Chairperson ask the Board to possibly determine this application as a positive declaration. Mr. Medenbach asked if the Board had reviewed the part 2 of the EAF. He was informed that the Board had not. Mr. Medenbach asked the Chairperson if a negative declaration was possible. Mr. Tapper explained that he was just discussing the possibility. Mr. Striano stated that he would like to review the application further prior to making a determination. Ms. Carney added that it was premature to make a determination at this time. Mr. Gaydos agreed that the Board should review the EAF prior to making a decision.
Mr. Tapper informed the Board that he was waiting for the review from Chazen Companies.
Mr. Medenbach presented to the Board a review of the project. The property consists of 5&1/2 acres situated on the North side of N.Y.S. Route 209, opposite of C.J.’s Auto Repair. One single entrance to meet the D.O.T. access with small parking area in the front and a gated area which will control access to the back of the property to the mini storage and climate control buildings. Also a retail area for products associated with storage. The property is located in the ‘B’ zone which allows 50% coverage of the property. The applicant will cover 29% of the site and will meet all of the required setbacks. The site will have a landscape buffer completely around the perimeter, the sides and the back of the site which will be white pine. A storm water facility will be constructed to the front of the property which would be landscaped to treat the runoff and control it before it discharges into the culvert. Large shade trees to dress up the front of the property.
Mr. Bivona explained that there would be an office open from 8:00 AM to 5:00 PM everyday. The buildings will have cedar impression siding.
Mr. Tapper asked where the culvert emptied into. Mr. Medenbach explained that it emptied into a stream to the right of C.J.’s Auto that leads to the Rondout Creek.
Mr. Tapper asked how the climate control buildings would be heated. He was informed that they would be heated and cooled with propane furnaces. The propane tank would be buried in the ground.
Mr. Medenbach explained that he assumed that all of the gravel surfaces will be impervious which is why the storm water facility will be installed to compensate for that. The site soil is very heavy clay which does not get a lot of heavy absorbsion .
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Mr. Gaydos asked if there would be provisions for maintenance of the sediment ditch. He was informed that the owner would be responsible for the maintenance.
OPEN TO THE PUBLIC
Jean Aylward asked how many more trailer parks and self storage buildings this Town could take. Every where you turn around there is another self storage building. She asked if dead bodies were stored in them.
Jean Moncrief read a letter dated March 15, 2005 regarding the Town Comprehensive Plan of 1969. (COPY ATTACHED) She suggested that the Board table this decision.
Chris Helline agreed with Ms. Moncriefs statement. He added that the Town had recently had a Town wide questioner and he had not seen the results. This project does not protect the rural character of this area. The Town already has large storage units and we do not know if the market has any need for more. He added that the decision should not be rushed into and asked the Board to table this project.
Kirt Lawson stated that this project was the same as McDonalds. Is this beneficial to our economy verse other uses of the land. He asked the Board to look at this very carefully before making a decision.
Don Dunn asked if there was money to be made in this business, if so does it help the taxation of the Town. He added that the site is located in a business zone and across from an auto business and next to a skating rink. It does not tap into the water supply, and traffic would be very minimal as compared to a McDonalds or any kind of retail operation. He stated that he didn’t think it looks bad either.
Jack Arnold agreed with Mr. Dunn. He stated that it was better than a shooting gallery. He added that the Town does not have a Master Plan and it does not officially know what it wants to do and what rural character is and how to regulate it. It would be wise for the Board to consider that fact.
Mr. Tapper informed that the Town Board had established several committees to establish this in the not to distant future.
Elliott Rosenstein stated that he was a resident next door to this project. He asked if people could access the units only during office hours.
Mr. Bivona informed that the access hours would probably be from be 6:00AM to 9:00PM. Most other facilities are open 24 hours.
Mr. Rosenstein said that he was in the mini storage business years ago. He asked the Board if they would have any control of what could be storage. He explained that the facility could be used as a warehouse or supply business.
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He added that, living next to the facility, it would be more quite than living next to a pizzeria, restaurant, or bar. It would be more quite and not as much activity. He would not be 100% against the project or 100% for the project.
Mr. Bivona advised that it would not be a warehouse because the units are too small.
Mr. Rosenstein added that it would not stop someone from renting several units as needed for this purpose.
Mr. Bivova informed that it was not the intent of facility to a be a warehousing structure.
Shane Ricks informed the Board that he owned a Self Storage Facility in the Town and it was constructed in 2000 and currently approximately 80% occupied. Two other facilities are in the Town . The facility south of us is approximately 50% occupied and the other is approximately 80% occupied and they have approval to construct two new buildings. He did not understand how a new facility would be filled.
Mr. Tapper stated that he should not get into the business aspect of the project. If Mr. Ricks had any comments regarding the location or any other concerns, that would be the direction of the hearing.
Mr. Ricks advised the Board of information regarding the visual aspects of project. The public continues to comment on Valley Self Storage regarding the screening. The Valley Self Storage facility is approximately 600 feet from Route 209. The proposed facility is right on the road and up off the road and will be in full view from the road. This facility has over 4,000 linear feet of buildings that will be visible from the road. The boat and RV storage buildings will be large and look much larger than the proposed skating rink. The screening looks great esthetically around the outside, however when you actually pass the property, with the existing slope, you would see the entire facility. It’s 77,000 sq.ft., as apposed to Valley Self Storage facility which is 25,000 sq.ft. at this time. 77,000sq. ft. is 2 acres of roofs which is the same as 35 or 40 homes on the property. The facility is very large for this Town. It should be located in Poughkeepsie or New Jersey in general, and not in an area as the Town of Rochester. The entrance on Route 209 has a 55 mile an hour speed zone. The Board should review the location of the security gate and the similarity of the gate at the Rondout Valley Resort. If you have no personnel at the gate, the traffic is backed up on the highway. Many times the patrons are backed up in the middle of the night with long tractor trailers. The proposed facility does not fit the character of the Town.
Jonathan Blair asked how they would manage to drain 77,000 sq.ft. of roof drainage into one culvert that is maintained by the State. He would like the Board to look into this situation.
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Ruth Bendius asked if the pipe under the road was going into the wetlands?
Kath Kuthy asked if a soil study had been completed in the area.
Mr. Medenbach informed that it was completed and advised that a full study would be available to the Board. Mr. Medenbach further explained that they compensate the water run off that would normally be absorbed in the top soil by providing a basin. Within the last two years, there is new State regulations to treat storm water to evaluate the run off of quantity as well quality of various storms, 1 year storm, 25, year storm and 100 year storm. To show during the event of a 100 year storm they would not send any more water down stream prior to development. The basin is a fairly sizable excavation with area for build up as pipe run off. All water will run off to a low front to center of property after development. The property owner will file a notice with the Town to certify installation and maintenance of the facility. New York State is enforcing this Code.
Ms. Kuthy asked about the run off for black top as apposed to gravel.
Mr. Medenbach informed that the State of New York has a manual for guidelines for different treatment methods regarding management practice. This design was set for gravel and black top for the future. This design is for the worse case, which is the black top.
Mr. Tapper asked about the pollutants from the run off.
Mr. Medenbach informed that the pollutants come from the vehicles, not from the gravel.
Walter Levy asked if a porch or peak roof would make it seem rural in character. Would we want a large mass of roofs or pine. He recommended the Town Board to come to some kind of agreement as to what rural character is.
Mike Baden addressed the exterior lighting issue. He asked if the project would have motion detection lighting or timed lighting.
Mr. Bivono advised that it would be motioned censored lighting.
Joseph Taylor commented that C.J.’s Auto was across the road. If the Board was concerned about contaminants it should be directed in that direction The district is zoned ‘business’, and this proposed project is better than the existing business. He feels that the proposed project is a nice facility.
Jonathan Blair asked if the Board could ask the applicant who will fill it.
The Chairperson responded that it would be applicant’s responsibility.
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Mr. Blain asked, as a community, should we ask, who will go to that community and planning decision.
Mr. Tapper responded that it would be the applicant’s decision.
Mr. Badin added that there are 7,000 people in this Town, which would comprise of 10 sq.ft. of building per person in this Town.
Mr. Ricks asked if the proposed outdoor storage of RV’s and boats was still in the plans.
Ms. Carney advised that it was no longer an issue. It would not be allowed.
The Chairman stated that the Board would not close the hearing. The Board would adjourn the hearing. The Board would require more information from the applicant and
the EAF form.
Mr. Tapper further indicated that, as suggested by the public, the application process could not be tabled. The Town has time limits to refer to.
The Chairperson added that if a moratorium was placed against self storage facilities at this time, this application was filed prior to such moratorium and is already in the review process.
Councilman, Randy Hornbeck responded that if a moratorium were put in place at this time the Town Board could place this application on hold.
Mr. Carney asked if a moratorium was is place
Mr. Hornbeck stated that he was not saying that it would not be in place next week or next month. If a moratorium were in place in the near future, The Town Board could place all applications regarding this matter on hold.
Mr. Striano asked why the same rules were not followed for the Stream Side Mobile Park Expansion application.
Councilman: Francil Gray – Responded “They were excluded.”
Mr. Baden said the Town Board is allowed to set conditions to a moratorium to any current or future projects. The Board chose to include the Manufactured Housing Moratorium and any future projects, however it is an option .
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Motion mas made by Mr. Tapper and seconded by Mr. Gaydos to adjourn the hearing. No discussion. All Members present in favor.
VINCENT VALETUTTI – Continued Application Review
4 Lot Subdivisions, Cedar Drive
The Board reviewed the new revised maps. Mr. Medenbach informed the Board that a fax was forwarded to the Planning Board Office regarding the DEC approvals.
Ms. Carney asked for a letter to be forwarded to the Board, that all items are addressed by The Chazen Companies. A public hearing should be held open.
Dissicussion was held regarding septic and Chazen review..
OPEN TO PUBLIC
Donald Churchill asked if the property would be further subs divided in the future.
He was informed that the issue would be addressed by the Board. Mr. Churchill asked if there were wetlands on the property. Mr. Ricks indicated that the Planning Board Secretary had received a letter from the DEC and that the issue would be addressed if wetlands existed on the property. Mr. Churchill advised that he was not against the project provided that it’s done properly. He added that, at this time, there is not sufficient ditching or culverts.
Michael Baden asked that if the final drawing was not submitted that the Board keeps the hearing open to the public.
Mr. Tapper indicated that he would not close the public hearing at this time and the Board needed more information.
Mrs. Churchill asked if the DEC was the same as the federal water, because a federal water person said that there were wetlands located on the property.
Mr. Gaydos asked which federal person stated that.
Mrs. Churchill answered that she did not know.
Mr. Ricks asked if that statement was regarding the Quicks property or the applicant’s property.
Mrs. Churchill answered that it was regarding Quick’s property.
It was agreed that all concerns regarding water run off would be addressed.
Kathy Kuthy asked if there was a storm water management plan.
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Mr. Tapper indicated that the if the area of disturbance was over 5 acres, a storm water management plan would be submitted and there are erosion controls that are necessary during construction to prevent any run off coming from the site.
Ms. Kuthy asked if there had been any soil test conducted on the site.
Mr. Tapper answered that there were test holes for septic systems.
Motion was made by Ms. Carney and seconded by Mr. Gaydos to continue the public hearing. All Members present in favor.
VICTOR VAN BORKULO, New Application Review
6 lot subdivision, Millbrook Lane
Shane Ricks recused himself from the Board
Nancy Vlahos, Senior Planner, Chazen Companies, joined the Board at this time.
Victor Van Borkulo and Jonathan Cella, Engineer, and Louise Rabasco were present to represent the application.
Ms. Carney asked if this site was addressed by the Board in the past.
Louis Rabasco answered that it was before the Board approximately a year ago. The map has not changed except for the name of the applicant.
Mr. Cella stated that this project was tying off the previous subdivision. The intent was to abandon the cul-de-sac and extend it to access the proposed 6 lots. The average lot size is approximately 2 acres per lot.
Mr. Cella submitted the perculation test from the Health Department and added that it was still in the review process.
Ms. Vlahos asked the applicants to explain the right of way to the adjacent property.
Mr. Van Borkulo explained that a stream breaks the 22 acre site into 2 parcels. Instead of building a bridge to access the parcel, a right of way was created to access the property.
Louise Rabasco informed the Board that the original application was submitted as Raspberry Ridge, ??????? Building and Development. The right of way was in the original lands sell contract and that the 18.3 acres were not to be sold unless there was a right of way off of Mill Brook Road to the DAR Properties. The subdivision is in an existing subdivision approved in 1992. The road has not been taken over by the Town. The road will remain a private road built to Town Code with a road maintenance agreement for each lot.
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The Health Departments has completed test holes and peculation test and a design has been completed for each lot. Once the Board has addressed this application the Health Department would complete the approval process.
Mr. Gados asked if the Health Department test were conducted under new ownership of the property or the previous ownership.
Ms. Rabasco responded that the test was conducted under previous ownership.
Mr. Tapper advised that the Health Department test would be required for new ownership.
Ms. Carney advised that, with subdivision approval, the requirements were different than individual lot requirements.
Ms. Vlahos asked for copies of a map showing the other properties surrounding this parcel for review.
Ms. Rabasco informed the Board that the maps were filed with the Town.
Mr. Tapper stated that the Planner is required to review the submitted maps. A public hearing could not be scheduled at this time. He further advised that the Planning Board Secretary would forward the Subdivision Checklist to the applicant.
Ms. Rabasco stated that they were under the impression that since the map has not changed the Board could address the application.
Mr. Gaydos stated that things have changed since the original application was submitted.
Ms. Carney added that there may be additional information required and the Subdivision Checklist will indicate the additional requirements.
It was agreed that all required information be forwarded to the Planning Board Office.
DAVID HARITON, Mountain View Stables, Subdivision
Phase II, Private Road, off Lucas Turnpike
Shane Ricks returned to the Board.
Wayne Graff was present to represent the application.
The Board reviewed the submitted maps.
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Mr. Graff stated that the past maps submitted indicated 6 lots with a shared driveway and the Board did not want to set a precedent by recording a declaration by restricting the issuance of building permits until the separate lots were sold off.
Instead they have an approved plan for the Board. He presented the old map. What they have created is to eliminate one of the lots to reduce the number of lots from 6 lots to 5 lots. Mr. Harriton plans to, in the future, as long as Mr. Harriton owns the lots, intends to keep the lots as submitted and keep the remaining lots vacant. He changed the boundary lines instead of a strait shot of the roadway which looked like a throughfare.We had Hudson & Pacific to locate a route along the contours. It would be a private drive which would be narrower that would not require the 4’ shoulders. It would be 18’ within the right of way. 4 lots would have shared access. One lot would be shared by the subdivision road on the cul-de-sac. Basically, reduce the number of lots and reduce the land disturbance.
Ms. Carney asked if the proposed road would be built or bonded.
Mr. Graff answered that the bond was already in place.
Ms. Carney asked if the lots were approved by the Health Department.
Mr. Ricks advised that they did not require Health Department approval since the lots were over 5 acres.
Mr. Graff pointed out that the next item on the agenda was Phase III of this subdivision and relates to a modification of lots.
There was discussion of the location of cul-de-sac and road maintenance agreements for both Phases of the subdivision. The Board reviewed the maps again and addressed the proposed roads. They agreed that the existing road maintenance would not change as the only change is in the reduction of one lot.
Mr. Ricks suggested to schedule both public hearings on the same night.
Motion was made Mr. Ricks and seconded by Mr. Gaydos to schedule a public hearing for Phase II for the next Planning Board meeting. All Members present in favor.
MOUNTAIN VIEW STABLES, Subdivision, Phase III
Private road, off Lucas Turnpike
The Board reviewed the maps.
Mr. Ricks asked if the maps reflected the new location of the cul-de-sac. He was informed that it did not.
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Mr. Ricks informed the applicant that the new maps should also reflect the changes for Phase II of the subdivision. After further discussion, it was agreed that one map should refer to the other map regarding any changes and agreed that the maps were not ready for public hearing.
The Chairperson informed the applicant that a subdivision checklist would be forwarded to him.
Mr. Tapper stated that Phase II was ready for a public hearing and that Phase III was not. Phase III should be scheduled for a discussion at the next meeting and if all is complete the public hearing would be scheduled.
ACTION ON MINUTES OF MEETING
February 15, 2005 & February 22, 2005
It was agreed that action could not be taken on the minutes as the Board did not have time to review them. Table action until the next meeting.
OTHER MATTERS
The Board discussed the Site Plan checklist submitted by the Chazen Companies. Mr. Tapper advised that the Town Board must approve the list.
The Board discussed the Subdivision Checklist and agreed that the list was already approved and listed in the Town Code. The Planning Board has the authority to waive certain requirements during the review process of each application.
Motion was made by Mr. Carney and seconded by Mr. Tapper to accept the Subdivision Checklist. All Members present in favor.
At 9:30 P.M. a motion was made by Mr. Gaydos and seconded by Ms. Carney to adjourn the meeting. All Members present in favor.
Respectfully submitted,
Brenda Striano
Code Enforcement Office Secretary