MINUTES OF August 15, 2006, 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, Steven L. Fornal.
PRESENT: ABSENT:
Steven L. Fornal, Chairman Robert Gaydos
Shane Ricks David O’Halloran, Alternate(not required to attend)
Nadine D. Carney
Frank Striano, Sr.
Anthony Kawalchuk
Melvyn I. Tapper, Vice Chair
Also present at the meeting were Town Planner, Jan Johannessenn, from The Chazen Companies and Planning Board Liaison, Alex Miller.
Pledge to the Flag.
PUBLIC HEARING
AQUARIUS STAR CORP– c/o Joseph Esposito, Special Use Permit for 3 Unit Residential Building, Tax Map #77.1-2-42.12, R-1 District
Mr. Esposito was present on behalf of his application and explained that he had a little over 3 acres and wanted to put in a 3 family building. (2) units would have 1 bedroom and (1) unit would have 2 bedrooms. They wanted to comply with zoning and that included receiving a Special Use Permit for the multi-family dwelling.
Chairman Fornal opened the hearing up for public comment.
Brinton Baker was recognized to speak. He questioned if the building would be able to be seen from Lucas?
Mr. Esposito responded that it would be back about 200’ from the road, but he believed it would be somewhat visible.
Mr. Ricks questioned if there were any pictures of what the units would look like.
Mr. Esposito noted that they haven’t designed them yet, the idea was that they would have a hip roof and be side by side. They will be single story.
Mr. Ricks questioned if it would be a modular? Or if an architect was going to be involved?
Mr. Esposito noted that at this point the plan is to have a professional do the drawings.
T/ROCHESTER Page 2
MINUTES OF MEETING August 15, 2006
PUBLIC HEARING
AQUARIUS STAR CORP(cont’d)– c/o Joseph Esposito, Special Use Permit for 3 Unit Residential Building, Tax Map #77.1-2-42.12, R-1 District
Mrs. Carney questioned if Mr. Esposito had seen the comments that were submitted from the Ulster County Planning Board?
The Applicant had not.
Chairman Fornal noted that Mr. Esposito needed to have his engineer address the Recommendation from the UCPB dated 8/2/06.
Mrs. Carney motioned to keep the Public Hearing open until next month. Motion seconded by Mr. Striano.
Vote:
Fornal: Yes Ricks: Yes
Tapper: Yes Carney: Yes
Striano: Yes Kawalchuk: Yes
O’Halloran: Not requested to attend Gaydos: Absent
Mrs. Carney questioned if Mr. Esposito had the County Hwy Dept. out there yet?
Mr. Esposito noted that they were supposed to come out soon.
Mrs. Carney questioned if the Board needed to resubmit to the Ulster County Planning Board as the application was deemed as incomplete? She couldn’t recall if that was necessary.
Planner, Jan Johannessen, noted that additional material should be submitted to the County for them to make their recommendation.
Mr. Ricks and Mr. Tapper noted that the UCPB recommendation noted that it would be incomplete unless the Town Planning Board deemed it otherwise. The things that they noted as being outstanding would be required by the Planning Board any way.
August 18th was the cut off to hear comments from any other contacted agencies.
Mr. Ricks urged the applicant to supply some sort of plans of what the buildings were proposed to look like.
T/ROCHESTER Page 3
MINUTES OF MEETING August 15, 2006
PUBLIC HEARING
VICTOR VAN BORKULO– c/o Taconic Designs, 6 lot subdivision, Millbrook Lane, Tax Map #
76.002-2-6.411 R-2 District
Mr. Ricks recused himself as he sold the property to the applicant.
Mr. Cellas explained that this is a 6 lot residential subdivision on +/- 18 acres in an R-2 district. All of the lots
Mr. Van Borkulo, Mr. Cellas, and Mr. Carpenter were present on behalf of this application.
will be for a single family residence, serviced by a private road which is an extension of Mill Brook Lane. All lots will be serviced by individual wells and septics. The applicant had received Conditional Preliminary Approval a year ago. It has since expired. He is not proposing anything different than the original plan.
Mr. Tapper clarified that this application had already received approval and that this was the same plan. They had expired their time frames and they were forced to go before the Town Board to proceed through the moratorium, which they successfully did.
The Chairman opened the hearing to the public.
Mr. Ricks questioned if the cul-de-sac was going to remain in the road, or if it would be removed?
Mr. Cellas noted that it would be removed.
Mr. Tapper questioned what the purpose would be to change it?
Mr. Johannessen believed that it would be a place to aid in snow plowing.
Mr. Cellas noted that they would leave it if the Board wanted.
Mrs. Carney indicated that this was initially approved as a temporary cul-de-sac. The initial intent of that was to be removed.
Jean Lerner noted that people go over to the camp grounds and come through that property.
There was no official easement that allowed this.
Mr. Johannessen noted that this project was still in the process of fulfilling some of Chazen’s comments on Stormwater. They submitted revised plans to the office and they would be reviewing those. He believed the intent was for the cul-de-sac to be temporary.
Mrs. Carney questioned if Mill Brook Lane was a private road?
It was.
Chairman Fornal requested a motion to keep the Public Hearing open.
Mrs. Carney questioned why?
T/ROCHESTER Page 4
MINUTES OF MEETING August 15, 2006
PUBLIC HEARING
VICTOR VAN BORKULO(cont’d)– c/o Taconic Designs, 6 lot subdivision, Millbrook Lane, Tax Map #
76.002-2-6.411 R-2 District
Mr. Johannessen noted that the Part 2 for this application was previously filled out by the Town’s previous Planner, Nancy Vlahos and it wasn’t keeping consistent with what this Board has been practicing in the last couple of months. To be consistent, they should re-do the Part 2 and provide some short explanations in Part 3.
Since SEQRA isn’t able to be closed at this point, the Public Hearing must remain open.
Mrs. Carney motioned to keep the Public Hearing open for the purposes of SEQRA. Seconded by Mr. Tapper.
Vote:
Fornal: Yes Ricks: Yes
Tapper: Yes Carney: Yes
Striano: Yes Kawalchuk: Yes
O’Halloran: Not requested to attend Gaydos: Absent
Mr. Johannessen would prepare the Part 2 for the September meeting.
NEW APPLICATION PRESENTATION
CHRISTOPHER KELDER– Special Use Permit for Mini Golf Course, Route 209, Tax Map #
76.2-2-35, ‘B’, R-1, & ‘F’ District
Mr. Ricks returned to the Board.
Mr. Kelder was present on behalf of this application.
The Board reviewed the maps.
Mr. Kelder noted that the Governor was going to sign a Bill on the following day that defines Agri-tourism.
The Chairman questioned the Plan.
Mr. Kelder noted that that marking is the start of the flood plain. There is a huge difference in the elevation of the front of the property to the rear.
Chairman Fornal asked if the applicant was requesting waivers for items on the Town of Rochester Site Plan Checklist (included w/application) marked with NAs. The applicant replied he was asking for those items to be waived.
Nadine Carney stated that perhaps the board should go over the list and vote on each item as to whether or not to approve a waiver. She read through the list and the board voted on each item marked NA. Every vote was unanimously in favor of waiving.
All such items were waived except those noted (attached checklist w/notes) which will be added to the plan:
The location, size and purpose of all existing easements, reservations, and areas to be dedicated [will include note on plan stating there are no easements]
T/ROCHESTER Page 5
MINUTES OF MEETING August 15, 2006
NEW APPLICATION PRESENTATION
CHRISTOPHER KELDER(cont’d)– Special Use Permit for Mini Golf Course, Route 209, Tax Map #
76.2-2-35, ‘B’, R-1, & ‘F’ District
Existing lot lines with accurate metes and bounds [will submit copy of old deed]
Minimum building setback lines [will include on plan along w/front yard setback distance from 209]
Flood elevations and boundaries of on-site floodplains and floodways [will indicate on plan]
The size and location of all existing and proposed off-street parking stalls shall be illustrated on the Plan, including loading areas and handicap stalls and signage [will add dimensions of Parking Area and spaces along side of access road used for parking; will provide number of maximum parking spaces used]
Proposed water supply, either individual well designs or connection with an existing water supply system to provide water for domestic consumption and fire protection [will provide copy of latest Water Supply test result; done quarterly]
Jan Johannessen of Chazen asked if Mr. Kelder had a letter from Ag-Market Department stating that the mini-golf was considered Agri-tainment.
Mr. Kelder responded that he had verbal affirmation but if the board wanted a letter to that effect he would have to request one and the Ag-Market Department would need to formally investigate the situation which means the planning board process would be halted until a determination could be made.
Mr. Johannessen stated that the board could always ask for such a letter at the end of the process as a condition for final approval if they felt it necessary to do so.
Jan Johannessen of Chazen went over Part 2 of the EAF for Kelder application.
Mrs. Carney made the motion to type this an Unlisted Action under SEQRA.. Mr. Tapper seconded the motion.
Vote:
Fornal: Yes Ricks: Yes
Tapper: Yes Carney: Yes
Striano: Yes Kawalchuk: Yes
O’Halloran: Not requested to attend Gaydos: Absent
Mr. Ricks motioned for an Uncoordinated Review.
Discussion:
Mrs. Carney stated that the board was sending this to the NYS DOT, UCPB, Mrs. Cross. She doesn’t know why this wouldn’t be considered a coordinated review. The Board has to wait for the UCPB comments as well.
Mr. Johannessen noted that the Town was not required to send it to DOT because there were no curb cuts, but if it has been past policy, the Board should continue.
Chairman Fornal noted that the applicant applied to DOT for the initial Special Use Permit. He just wanted to keep DOT informed.
Mr. Ricks didn’t see what change it would be to DOT? It’s just an exercise in paperwork.
T/ROCHESTER Page 6
MINUTES OF MEETING August 15, 2006
NEW APPLICATION PRESENTATION
CHRISTOPHER KELDER(cont’d)– Special Use Permit for Mini Golf Course, Route 209, Tax Map #
76.2-2-35, ‘B’, R-1, & ‘F’ District
Chairman Fornal noted that UCPB had to be contacted. Mrs. Cross of the HPC needed to be contacted. Did the Board want to do an uncoordinated review and contact them or do a coordinated review and contact them?
If time became a problem, Mr. Tapper felt the Public Hearing could be held open to receive written comment and if there wasn’t any, then they could close the Public Hearing.
Mr. Johannessen noted that there was no other agency that could take Lead Agency from the Planning board. That is a big part of doing Coordinated review.
Mr. Striano seconded the motion.
Vote:
Fornal: Yes Ricks: Yes
Tapper: Yes Carney: Yes
Striano: Yes Kawalchuk: Yes
O’Halloran: Not requested to attend Gaydos: Absent
Notice would be sent to the NYSDOT simply to inform them of the application. Existing entrance would be used with no alterations. Notice would also be sent to HPC and UCPB.
Mr. Ricks motioned for Public Hearing. Seconded by Mr. Striano. would be set for September 19, 2006.
Vote:
Fornal: Yes Ricks: Yes
Tapper: Yes Carney: Yes
Striano: Yes Kawalchuk: Yes
O’Halloran: Not requested to attend Gaydos: Absent
PRE-APPLICATION REVIEW
WILLIAM DAMBERG– proposed 2 lot subdivision in the Queensmont Estates subdivision off of Queens Hwy, Tax Map #68.1-4-2
Mr. Damberg was not present for the meeting.
CONTINUED APPLICATION REVIEW
DAWSON HOMES, Inc.- subdivision to be known as Mount Laurel Estates, 22 lots, Samsonville Road, Tax Map # 60.1-2-2 &3, ‘A’ District
Mr. Dawson was present on behalf of his application along with representation from Medenbach & Eggers, Edward Sprague.
Mr. Johannessen noted that the Army Corps of Engineers, in light of a recent Court Case, he was told that they were not issuing (these) anymore.
Mr. Sprague spoke with their consultant and he said that this was not true. He thought that this would be taken care of and that the Army Corps of Engineers were backed up time wise.
T/ROCHESTER Page 7
MINUTES OF MEETING August 15, 2006
CONTINUED APPLICATION REVIEW
DAWSON HOMES, Inc.(cont’d)- subdivision to be known as Mount Laurel Estates, 22 lots, Samsonville Road, Tax Map # 60.1-2-2 &3, ‘A’ District
Mr. Johannessen thought that there was a lot of work from the lawsuit.
Mr. Sprague noted that they did not have revised plans to go along with their comments that they submitted for this meeting. They will be submitted for he next meeting with the corrections from Chazen’s August 9, 2006 review letter.
Mr. Johannessen went over the EAF Part 3 and it was very complete and a lot of the Chazen comments had been satisfied. He did prepare a Negative Declaration.
Chairman Fornal had a question about the phasing on the plans.
Mr. Sprague was aware of this and it would be fixed.
Mr. Johannessen asked that the phasing plan be incorporated into the engineering.
Mr. Sprague noted that it was on the plan, but they would clarify it.
Mr. Ricks questioned about the Storm water prevention plan. He sees these things being built all the time. You can have a storm and they fill up and as they are built in impervious soil, they stay filled the entire time until the next storm and sometimes they don’t retain any at all.
Mr. Johannessen felt that what Mr. Ricks is referring to may not have been constructed properly. They shouldn’t be built in clay soils.
Mr. Ricks noted that they are required to be built no matter what type of soil there is and if there is a wet area or clay soil, those things do not empty between storms.
Mrs. Carney noted that some ponds are not supposed to empty. They are supposed to hold up to 4’ of water all the time and anything over a 1 year storm, they will overflow. It’s to treat the 1 year storm and let that stuff settle down. Some of it goes, and some of it stays to help clean and settle out the sediment from the 1 year storm.
Mr. Ricks has seen a number of them like the one at the Skate Park on 209. As soon as it rains, it fills up with water and as fast as the water comes in it goes out.
Mr. Johannessen noted that you have to maintain them.
Mrs. Carney noted that usually when they are first constructed there is a lot of site construction going on, so you’ll see a lot of settlement.
Mr. Ricks just meant that in general he didn’t believe that these things worked.
Mr. Johannessen noted that in some cases you want some water to get out of the site quick.
T/ROCHESTER Page 8
MINUTES OF MEETING August 15, 2006
CONTINUED APPLICATION REVIEW
DAWSON HOMES, Inc.(cont’d)- subdivision to be known as Mount Laurel Estates, 22 lots, Samsonville Road, Tax Map # 60.1-2-2 &3, ‘A’ District
Mr. Sprague showed the phasing on the plans.
Mr. Johannessen noted that it may have been an oversight.
Mrs. Carney questioned if this Negative Declaration should be listed in the minutes or should it just be in the file?
Mr. Johannessen noted that there is usually resolution, just for the point of adopting the Negative Declaration. Or Negative Declarations are adopted the same time as Preliminary and its part of Preliminary. He felt that the Board could make it record to accept the Negative Declaration dated August 15, 2006 prepared by Chazen.
As long as it was identified, it didn’t necessarily have to be read into the record.
The Board went over the Negative Declaration as prepared by Chazen and dated August 15, 2006.
Mr. Striano motioned to accept the Negative Declaration dated August 15, 2006 as prepared by Chazen in reference to Mount Laurel Estates. Seconded by Mrs. Carney. No discussion.
Vote:
Fornal: Yes Ricks: Yes
Tapper: Yes Carney: Yes
Striano: Yes Kawalchuk: Yes
O’Halloran: Not requested to attend Gaydos: Absent
Chairman Fornal asked the applicant to extend the 62 day decision making period as the Public Hearing was closed and they are not going to meet that deadline. Conditional Preliminary Approval would be issued in September.
Mr. Dawson agreed to this extension.
Mr. Johannessen asked the applicant to submit the revised plans that went along with Medenbach & Eggers response letter before the next meeting.
Mrs. Carney motioned to accept the minutes of July 18, 2006. Seconded by Mr. Striano. All members present, in favor.
Fornal: Yes Ricks: Yes
Tapper: Abstain Carney: Yes
Striano: Yes Kawalchuk: Yes
O’Halloran: Not requested to attend Gaydos: Absent
T/ROCHESTER Page 9
MINUTES OF MEETING August 15, 2006
OTHER MATTERS
TRAINING
Mr. Tapper questioned if there was anything new coming up for a training?
Chairman Fornal hadn’t heard of anything lately, but noted that he was entertaining using a CD ROM from PACE where you would read passages and then answer questions about them later. He’s not sure about this yet.
Mrs. Carney noted that they were good and worth it. The office first got them in when she was chairperson and she didn’t know that it was the Chairperson’s authority to say what was deemed training and she had asked the Supervisor and she said no to them.
Chairman Fornal has gone through them and found them good. It would be about an hour and a half. He felt something else would be coming along.
Mrs. Carney motioned to adjourn the meeting, seconded by Chairperson Fornal. All members present in favor.
As there was no further business to discuss, at 8:30 PM, the Chairman adjourned the meeting.
Respectfully submitted,
Rebecca Paddock Stange,
Secretary