MINUTES OF November 15, 2005 REGULAR MEETING of the Town of Rochester PLANNING BOARD, held at the Town Hall, Accord, NY.
Meeting was called to order at 7:00 PM by the Chairman, Melvyn I. Tapper.
PRESENT: Melvyn I. Tapper, Chairman ABSENT: Robert Gaydos
Shane Ricks, Vice Chair
Nadine D. Carney
David O’Halloran, Alternate
Frank Striano, Sr.
Anthony Kawalchuk
William De Graw
Also present at the meeting was Planner, David Gilmour, from The Chazen Companies sitting in for the regular Planner, Nancy Vlahos.
Pledge to the Flag.
Because there was not a full Board at this meeting, Alternate Mr. O’Halloran was recognized as a full Board Member able to make motions and participate in votes.
Decision
ERIC GILLES– Subdivision Approval for lot line adjustment in Quiet Mountain Estates, lots 5 & 11, Stillerberg Strada, Kerhonkson, Tax Map #s 67-3-5 & 25
Mr. Gilles was present on behalf of his application and the Chairman noted that the comment period for the circulation of intent for Lead Agency has expired and there was no comment.
Chairman Tapper motioned for the Town of Rochester Planning Board to be Lead Agency. Seconded by Mrs. Carney. No discussion.
Vote:
Carney- Yes O’Halloran- Yes
Tapper- Yes Ricks- Yes
Striano- Yes De Graw- Yes
Kawalchuk- Yes Gaydos- Absent
Town of Rochester Planning Board -2-
November 15, 2005 Minutes
The Board then reviewed Part 2 of the EAF and subsequently, Mr. O’Halloran motioned for a Negative Declaration. Seconded by Mr. Ricks. No discussion.
Vote:
Carney- Yes O’Halloran- Yes
Tapper- Yes Ricks- Yes
Striano- Yes De Graw- Yes
Kawalchuk- Yes Gaydos- Absent
Mr. O’Halloran motioned for Final Approval. Seconded by Mrs. Carney. No discussion.
Vote:
Carney- Yes O’Halloran- Yes
Tapper- Yes Ricks- Yes
Striano- Yes De Graw- Yes
Kawalchuk- Yes Gaydos- Absent
OPEN DEVELOPMENT
FREDERICK HELMICH– 543 Samsonville Road, 25’ right-of-way off of Samsonville Road to property, Tax
Map # 68.1-1-30, ‘A’ District
Mr. Helmich was present on behalf of his Open Development advisory and explained that he owned +/- 20 acres and wanted to build a single family residence. He received the Open Development Checklist from the Planning Board Secretary and has been trying to contact Wayne Kelder, Highway Superintendent and the Fire Department for their assurance that the 25’ right-of-way is adequate. The right-of-way currently meets driveway specifications. Mr. Helmich currently uses the right-of-way, it is relatively flat and all types and sizes of vehicles have been able to access it.
Mr. Ricks motioned to give a favorable advisory to the Town Board for Open Development as the Applicant is not requesting to subdivide his property and the right-of-way will only access one home.
Seconded by Mr. Kawalchuk. This would be subject to a favorable letter from Mr. Kelder and the Accord Fire Dept.
Vote:
Carney- Yes O’Halloran- Yes
Tapper- Yes Ricks- Yes
Striano- Yes De Graw- Yes
Kawalchuk- Yes Gaydos- Absent
Mr. Ricks reminded the Applicant that if he ever wanted to subdivide in the future he would be required to have a 50’ right-of-way, but because he was only interested in building one house, this would serve the purpose.
DISCUSSION
ROSALIE SENDALBACH– 2 lot subdivision on +/- 2 acres, 43 Indian Road, Kerhonkson, Tax Map# 60.3-1-
28.2, ‘A’ Zone
Ms. Sendalbach was not present to discuss her request.
Town of Rochester Planning Board -3-
November 15, 2005 Minutes
PUBLIC HEARING
KAREN HOFF & MICHAEL RUSS– subdivision approval for 2 lots, Queens Highway, Accord, Tax Map # 60.4-2-1.100, ‘A’ District
Mr. Russ and Ms. Hoff were present on behalf of their application.
Chairman Tapper noted that the Board has received an explanation from Mr. Russ’s surveyor, Terry Ringler, in letter dated November 2, 2005 explaining how this land was previously split and sold without requiring Planning Board approval.
Mr. Ricks was in agreement that the explanation helped to clarify the map. He also noted that there were spot elevations on the map as requested and there weren’t any radical changes in the slope of the property.
Chairman Tapper opened the Hearing to the Public. There was no public comment.
Chairman Tapper motioned to close the Public Hearing. Seconded by Mrs. Carney. No discussion.
Vote:
Carney- Yes O’Halloran- Yes
Tapper- Yes Ricks- Yes
Striano- Yes De Graw- Yes
Kawalchuk- Yes Gaydos- Absent
Chairman Tapper noted that because the 30 day comment period for the circulated Intent for Lead Agency hadn’t yet expired, the Board was unable to declare themselves Lead Agency under SEQRA and therefore couldn’t make a decision until that comment period ended. They would go over Part 2 of the EAF at the next meeting and be able to render a decision at that point.
PUBLIC HEARING
SAHLER MILL ESTATES– Section 2, c/o RNR Housing, final approval for remaining 13 lots, Sundale/ Sahler Mill Road, Tax Map #60.4-1-1.2, ‘A’ District
Engineer, Barry Medenbach, and Attorney, Michael Moriello were present on behalf of this application along with owner, Michael Baum.
Mrs. Carney noted that she had recused herself from this application at the last meeting as there was some confusion as to who now owned the property. She no longer needed to recuse herself as the owner was still the same.
The Chairman explained that the Board scheduled a Public Hearing to expedite the process should the Board determine at this meeting if one is necessary. At the last meeting the subdivision was presented for Final Approval of Section 2 and it was noted that lots 9 & 11 were being combined into one lot. The representative at the meeting couldn’t answer why these lots were being combined, so the Board didn’t know if this was going to effect drainage or anything and now this is why they are at this meeting to discuss this. The Board is in receipt of letters from the Town Attorney and Planner on this matter also.
Town of Rochester Planning Board -4-
November 15, 2005 Minutes
PUBLIC HEARING
SAHLER MILL ESTATES– Section 2
Mr. Medenbach explained that the whole subdivision has Conditional Preliminary Approval. They designed the entire road and drainage system and came in for final approval of section 1 which has now been filed with the County and now they are seeking approval for section 2. The only difference between this map and the preliminary map is that they have literally pulled 1 lot out. The reason is because where they had previously designated a septic site, there was high ground water and it wasn’t feasible. So, they decided to take a lot out…the road and drainage hasn’t changed, there is only 1 less lot. Nothing changed location. Ed Sprague didn’t know this project very well.
The Chairman also noted that when the Board advertised for the Public Hearing, they only advertised for the changes to lots 9 & 11.
Mr. Medenbach explained that they needed to bond the road and they were waiting for Health Dept. approval and should have it soon. They will also submit a new Maintenance Agreement.
Mrs. Carney noted that Mr. Medenbach should submit an estimate for the road construction and Wayne Kelder could review it.
Mr. O’Halloran motioned for Conditional Final Approval based on the following conditions:
1. Health Dept. Approval
2. Road Maintenance Agreement Approved by the Town Attorney and signed by the Town Board
3. Drainage Easement Agreement Approved by the Town Attorney and signed by the Town Board
4. Bonding of the Road based on the Highway Superintendent’s approval
5. Recreation Fees to be paid
6. No further subdivision without Ulster County Health Dept. Approval
7. Right to farm note on the map
8. Map to be submitted in final form
Seconded by Mrs. Carney.
Vote:
Carney- Yes O’Halloran- Yes
Tapper- Yes Ricks- Yes
Striano- Yes De Graw- Abstain
Kawalchuk- Yes Gaydos- Absent
Town of Rochester Planning Board -5-
November 15, 2005 Minutes
CONTINUED APPLICATION REVIEW
LEON & BETH SMITH– 3 lot subdivision, Route 209, Tax Map #76.2-2-27.1, ‘B’, R-1 District
Mr. Smith was present on behalf of his application and explained that since the last time he was in he added
+/- 15 acres to lot 1 to ensure that there was ample acreage for the amount of dwellings and manufactured houses on the lot. The application is now down to 3 lots from 4 lots. Lots 2 & 3 access the 50’ right-of-way. Mr. Smith also noted that the Board was in receipt of his Road Maintenance Agreement, but there was a problem because the Town Attorney, Mary Lou Christiana, Esq., could not review it due to a conflict of interest. He continued that he has a person interested in purchasing lots 1 & 2 together. The property has an Agricultural exemption. He believes the intentions are to keep the 3 mobile homes. The property is currently classified as a Trailer Park because of this.
Mrs. Carney reviewed the EAF with Mr. Smith and corrected outstanding questions.
Mr. Ricks motioned to schedule the Public Hearing for December. Seconded by Mrs. Carney. No discussion.
Vote:
Carney- Yes O’Halloran- Yes
Tapper- Yes Ricks- Yes
Striano- Yes De Graw- Yes
Kawalchuk- Yes Gaydos- Absent
Mrs. Carney motioned for Intent to be Lead Agency. Seconded by Mr. De Graw. No discussion.
Vote:
Carney- Yes O’Halloran- Yes
Tapper- Yes Ricks- Yes
Striano- Yes De Graw- Yes
Kawalchuk- Yes Gaydos- Absent
Mrs. Carney motioned to type the Action as Unlisted. Seconded by Mr. O’Halloran. No discussion.
Vote:
Carney- Yes O’Halloran- Yes
Tapper- Yes Ricks- Yes
Striano- Yes De Graw- Yes
Kawalchuk- Yes Gaydos- Absent
PRE-APPLICATION PRESENTATION
KEVIN MAHONEY– 2 lots proposed in an existing subdivision, +/- 5 acres, Cedar Drive
Mr. Mahoney was present and explained that he had recently built a house on a +/- 5 acre lot in a pre-existing subdivision and he was having trouble selling it because perspective buyers didn’t want that much land with the house, so he was proposing to split the lot into a +/-3 acre lot and a +/- 2 acre lot.
The Board explained that he would need Planner review because of the size of the lots and Mr. Mahoney should come back when he has an application and subdivision maps done.
Town of Rochester Planning Board -6-
November 15, 2005 Minutes
OTHER MATTERS
WAIVERS OF SUBDIVISION REGULATIONS
Mr. O’Halloran didn’t believe that waivers needed to be requested by the applicants in writing according to section 125-26 of the Subdivision Regulations.
Mr. De Graw argued that in section 125-24Variations stated that the Applicant needed to request any waivers they sought in writing and the Board should respond to them in writing. This makes the record more complete also; having these things in writing.
Mrs. Carney motioned to accept the minutes of October 18, 2005. Seconded by Mr. Striano. No discussion.
Vote:
Carney- Yes O’Halloran- Yes
Tapper- Yes Ricks- Yes
Striano- Yes De Graw- Yes
Kawalchuk- Yes Gaydos- Absent
AMPLE SELF STORAGE
The Chairman noted that Elliot Rosenstein is a bounding owner to the Ample Self Storage application and wrote a letter requesting that White Pines not be planted on his side of the project because he didn’t realize how unattractive they were.
Medenbach & Eggers were forwarded a copy of Mr. Rosenstein’s letter for their information.
Town of Rochester Planning Board -7-
November 15, 2005 Minutes
REAPPOINTMENTS FOR 2006
Mr. O’Halloran motioned to recommend to the Town Board the reappointment of Melvyn I. Tapper for Chairman for the 2006 year. Seconded by Mr. Ricks. Mr. Tapper noted that he would accept the office for another year.
Vote:
Carney- Yes O’Halloran- Yes
Tapper- Yes Ricks- Yes
Striano- Yes De Graw- Yes
Kawalchuk- Yes Gaydos- Absent
Mrs. Carney motioned to recommend to the Town Board the reappointment of Shane Ricks for Vice Chairman for the 2006 year. Seconded by Mr. Tapper. Mr. Ricks noted that he would accept the office for another year.
Vote:
Carney- Yes O’Halloran- Yes
Tapper- Yes Ricks- Yes
Striano- Yes De Graw- Yes
Kawalchuk- Yes Gaydos- Absent
Chairman Tapper motioned to recommend to the Town Board the reappointment of Rebecca Paddock Stange for the position of secretary for the 2006 year. Seconded by Mrs. Carney. No discussion.
Vote:
Carney- Yes O’Halloran- Yes
Tapper- Yes Ricks- Yes
Striano- Yes De Graw- Yes
Kawalchuk- Yes Gaydos- Absent
Mr. O’Halloran noted that Mr. De Graw’s term was up this year. He motioned for the replacement of Mr. De Graw with Leon Smith to be recommended to the Town Board. Seconded by Mr. Ricks.
DISCUSSION:
Chairman Tapper doesn’t ever remember recommending to keep members or replace members to the Town Board before. He checked around and the Secretary noted that when the previous secretary was here, the Board did not. Since she has been secretary for the Board, they have recommended reappointments of terms to the Town Board. He also recalls last year that the Planning Board and the Town Board determined that any existing member who’s term was up had first shot at staying on the Board if they wanted to. If Mr. De Graw wanted to stay on the Board, he would lean that way because of what happened last year.
Mrs. Carney questioned if Mr. Smith had expressed any interest in being on the Board in writing? In the past they have had to submit something to the Town in writing to be considered.
Town of Rochester Planning Board -8-
November 15, 2005 Minutes
Mr. O’Halloran stated that Mr. Smith verbally expressed interest to a few Planning Board members and Mr. Smith would be getting something in writing to the Town Board soon.
He felt that when the Board was dealing with Streamside Estates and when Mr. De Graw wrote letters to the Town Board that were very negative about members of the Planning Board. He under minded the credibility of the Board who all come in and volunteer their time.
Mr. Ricks believed that Mr. De Graw should have recused himself because he was found to be a bounding owner to the Streamside project. Any project that Mr. Ricks is contiguous to, he recuses himself. Mr. De Graw stayed on the Board through that Streamside Application and hammered the Applicant. Then at the end when it was clearly unethical, he recused himself and it was handled very wrongly… he wouldn’t have recused himself at the end if it wasn’t wrong.
Mr. De Graw explained the reason that he recused himself so lat in the process. The Applicant requested it. Mr. De Graw didn’t believe it was a conflict of interest at all. He also found out after that that Mr. O’Halloran is actually a bounding owner in closer proximity than himself.
Mr. O’Halloran stated that he wasn’t a bounding owner. Mr. Singh’s property is between himself and Streamside. He recuses himself from all Applications that he is a bounding owner to.
Mr. De Graw noted that Mr. O’Halloran had an easement that went through Mr. Singh’s property directly across from the project.
Mr. O’Halloran stated that there is a road that he has that is adjacent.
Mr. De Graw felt he was being railroaded and picked out because he has different opinions than other members.
Mr. Kawalchuk questioned if Mr. De Graw was a bounding owner to Streamside.
Mr. De Graw noted that he did have adjoining land on the very backside, but it was no where near his house. He believed that easements should also be looked at and that was never brought out.
Mr. O’Halloran reiterated his motion: Mr. O’Halloran noted that Mr. De Graw’s term was up this year. He motioned for the replacement of Mr. De Graw with Leon Smith to be recommended to the Town Board. Seconded by Mr. Ricks.
Vote:
Carney- Yes O’Halloran- Yes
Tapper- No Ricks- Yes
Striano- Yes De Graw- Abstain
Kawalchuk- Yes Gaydos- Absent
Mr. De Graw noted that the County Planning Board recommended the Shwangunk scenic byway to the New York Scenic By Way’s advisory. There is going to be some ‘corridor management plan’ which Route 209 will be included in. This may come up through the SEQRA process on projects along this corridor.
Town of Rochester Planning Board -9-
November 15, 2005 Minutes
Brinton Baker was present and explained that he was the representative for the Town of Rochester regarding this matter. His understanding is that there is no actual legislative or power that the Scenic by way approval contains for Planning except for signage along the designated road…there are still some legal questions about that. Ironically there is signage for the By Way on the Route.
Chairman Tapper motioned to adjourn the meeting. Seconded by Mr. Striano. No discussion.
All in favor.
Chairman Tapper adjourned the meeting at 8:15 as there was nothing further to discuss.
Respectfully submitted,
Rebecca Paddock Stange
Secretary