MINUTES OF December 19, 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 Anthony Kawalchuk
Shane Ricks David O’Halloran, Alternate(not required to attend)
Frank Striano, Sr.
Melvyn I. Tapper, Vice Chair
Nadine D. Carney
Robert Gaydos
Also present at the meeting was Town Planner, Jan Johannessenn, from The Chazen Companies and Liaison, Alex Miller.
Pledge to the Flag.
PUBLIC HEARING
JAMES DENNIN– subdivision approval for 4 lots at 151 Airport Road, Tax Map #69.3-1-17.1, ‘A’ District
Mr. & Mrs. Dennin were present on behalf of their application along with their surveyor, Terry Ringler.
Mrs. Carney motioned for the Town of Rochester to be Lead Agency for this application. Seconded by Mr. Striano. No discussion.
Vote:
Fornal: Yes Ricks: Yes
Tapper: Yes Carney: Yes
Striano: Yes Kawalchuk: Absent
O’Halloran: Not requested to attend Gaydos: Yes
Chairman Fornal opened the hearing up for comment. There was none.
Mrs. Carney motioned to close the Public Hearing. Seconded by Mr. Gaydos. No discussion.
Vote:
Fornal: Yes Ricks: Yes
Tapper: Yes Carney: Yes
Striano: Yes Kawalchuk: Absent
O’Halloran: Not requested to attend Gaydos: Yes
Chairman Fornal noted that Part 3 of the EAF was submitted in response to Part 2 and Chazen’s comments. This has satisfied the Part 3 requirement.
T/ROCHESTER Page 2
MINUTES OF MEETING December 19, 2006
PUBLIC HEARING
JAMES DENNIN (cont’d) – subdivision approval for 4 lots at 151 Airport Road, Tax Map #69.3-1- 17.1, ‘A’ District
Chairman Fornal then read the following conditions into the record for the Planning Board to consider:
1. Applicant shall submit to the Planning Board, prior to submission of map for Final Approval, an Approval for lots # 1-3 by the Ulster County Health Department.
2. Condition #1 shall be complied with prior to any parcel of the subdivision being transferred in any manner.
3. No Building Permit shall be issued until Condition #1 is complied with.
4. Applicant shall comply with Central Hudson requirements for utilities and submit proof of such to the Planning Board prior to Final Approval.
5. Driveway must be completed prior to issuance of building permit.
6. Applicant shall submit to the Planning Board a signed and notarized Road Maintenance Agreement (RMA) by the property owner for a 50’ right-of-way to provide access for lots #1-3 and the “+/-3.49 Acres Remaining” which contains the existing dwelling. This Agreement is subject to review by the Town’s Legal Advisor.
7. The Applicant hereby agrees to be responsible for all costs and expenses incurred by the Town in connection with the Road Maintenance Agreement; including but not limited to, preparation of said agreements, engineering costs and attorney fees and inspection by the Town Superintendent of Highways. The Applicant acknowledges and agrees that said engineers, attorney and Highway Superintendent are acting on behalf of the Town and in addition, the Applicant may, if he so desires, obtain his own attorney or engineer. Said costs and fees shall be submitted to the Planning Board Secretary not less than ten (10) days prior to Final Approval.
8. The following notation shall appear on the final map which shall be submitted to the Planning Board prior to Final Approval: “This property may border a farm, as defined in Chapter 75 of the Town of Rochester Code. Residents should be aware that farmers have the right to undertake farm practices which may generate dust, odor, smoke, noise, and vibrations and which may involve insecticides, herbicides, pesticides, etc.”
Mr. Striano motioned for a Negative Declaration and Conditional Final Approval based on the above conditions. Seconded by Mr. Gaydos. No discussion.
Vote:
Fornal: Yes Ricks: Yes
Tapper: Yes Carney: Yes
Striano: Yes Kawalchuk: Absent
O’Halloran: Not requested to attend Gaydos: Yes
PUBLIC HEARING
KEVIN MAHONEY– c/o Ken Treiling, PE, Subdivision Approval for 2 lots in the Queensmont Subdivision at 76 Cedar Drive, Tax Map #68.1-4-5, ‘A’ District
Mr. Treiling was present on behalf of this application along with Mr. Mahoney.
Chairman Fornal opened the Hearing up to the public.
Joe Ladoto was a bounding owner. He’s lived here for about 15 years. He had wanted to split his own parcel for his son. The real-estate agent told him it wasn’t a good idea because the lots were laid out for single family homes. The land was rocky. His son ended up buying the piece of property that Mr. Mahoney owns now. He has no problem building his house there, but when it comes to splitting up the lots, there are only so houses that can draw off the aquifer up there. That is one of his main concerns. After Mr. Mahoney sells his house and his financial problems are over, if the neighbors have problems with their wells, then their problems stay. If the Board is here to make the community better for the residents, this is his main concern.
T/ROCHESTER Page 3
MINUTES OF MEETING December 19, 2006
PUBLIC HEARING
KEVIN MAHONEY(cont’d)– c/o Ken Treiling, PE, Subdivision Approval for 2 lots in the Queensmont Subdivision at 76 Cedar Drive, Tax Map #68.1-4-5, ‘A’ District
Terry Brown of 19 Princess Lane was recognized to speak. His property is one over from this property. Earlier in the year he submitted a letter to the Board addressing his concerns which he read now. All the neighbors signed this letter as well. He then read the letter. He had put his home in the Queensmont development for a few reasons, one was that the development contained 5-6 acre parcels which allowed for rural character and to maintain some privacy and seclusion from ones neighbors. Schedule ‘A’ of his deed stating that no further subdivision could be done without Planning Board approval made him feel safe that the lots wouldn’t be further split. Mr. Brown’s property lies deep within this subdivision as he has a right-of-way to get to it. He didn’t know why the development was laid out the way it was, but felt it was to draw people like him to the area and maintain a little seclusion from the neighbors. He watched year after year when a new lot was purchased and a new house was put up. Each time he befriended a new neighbor and found that their desire of why they purchased their lot was the same as Mr. Brown’s. Last year, Mr. Ellis, did subdivide his property which is on Princess Lane and Cedar Drive. No one had a problem with this because it buts up against a corner and wouldn’t infringe on any one. Another point is water. When he built his home, it was at the end of the drought in 1999. It was difficult to obtain water at that period. His well is 520’, which is very deep. Mr. Brown was concerned about his water when he had a new house built the next year next to him. It didn’t affect him, but that new house did runt he well dry while he was trying to develop a lawn. Mr. Brown is concerned with sewage from the new lot being proposed by Mr. Mahoney. There is a lot of rock in the area. Part of this piece of property is above a rock ledge. There is a big rock slab that goes under Mr. Brown’s house and everything seems to run in that direction.
Mr. Ladoto had brought the original layout of the Queensmont Subdivision. He shared it with the Board.
The Board looked the map over.
Michael Langway echoed Mr. Brown’s concerns. He too was concerned about the water. He had to go down 700’ for his well. He was concerned with erosion and possible mud slides if Mr. Mahoney built this house on the side of a cliff.
Mr. Ladoto noted that his was also about 900’ down and yielded about 4 ½ gallons per minute..
Mr. Mahoney noted that his well for the current dwelling on Cedar Drive was 300’ and it pumps 7 gallons a minute.
Mr. Ricks noted that there was no deed restriction that says lots can not be re-subdivided.
Mrs. Hwang owns lot #4 and borders this property in question. She has been in this house since 1990. She recalled that her deed said no further subdivision for that area. This area is not flat and this is a concern. She is also very concerned about trees getting cut down. These are very old and beautiful trees.
Brinton Baker was recognized to speak. He wondered if there was any Town Code that said if you had to have so many gallons per minute for a well.
Mrs. Carney explained that this was governed by the Ulster County Health Dept.
T/ROCHESTER Page 4
MINUTES OF MEETING December 19, 2006
PUBLIC HEARING
KEVIN MAHONEY(cont’d)– c/o Ken Treiling, PE, Subdivision Approval for 2 lots in the Queensmont Subdivision at 76 Cedar Drive, Tax Map #68.1-4-5, ‘A’ District
Mr. Baker continued to note that this sounds like people think that no further subdivision can happen, but it seems that there are no legalities prohibiting it.
Chairman Fornal noted that the statement is that ‘no further subdivision without Planning Board approval”. Not ‘no further subdivision all together’.
Mr. Johannessen just read over the deed and there were no restrictions on further subdividing.
Mr. Mahoney was recognized to speak. He felt that all the neighbors had valid points. The house that he built will increase the values of their homes. He lets them hunt on his land. He’s given neighbors left over building supplies. They selected this site to limit the amount of trees that they cut down. They did not want to create a huge lawn. He was taking that same approach with the reason that site is so beautiful is because of the trees. He fully intended on keeping as many as he could. He had to cut trees to get back there to layout the house site. As for the cliff—it is far away from sewage and the slope goes toward the other way, toward the driveway. This area was hand selected. They do have the Ulster County Health Dept. approval on that lot. The well next door is about 350’ and yields about 7-8 gallons a minute. He thinks he’s at least 300’ away from neighbors. He can’t see Mr. Ladoto from the home. He knows the neighbors don’t want to see him, and he doesn’t want to see the neighbors, for privacy issues. He understood the concerns, however he did follow all of the rules and has been working on this for over 2 years and has spent over $10,000 doing this.
Mr. Brown questioned if there was a way to restrict subdivision on his own lot.
Mr. Ricks noted that they could amend their own deeds to reflect no further subdivision.
Mrs. Carney wanted to clarify for the public that the Town is 1 acre Zoning, so potentially Mr. Mahoney’s lot could have 5 dwellings on it or he could potentially split it 5 times.
Mrs. Carney motioned to close the Public Hearing. Seconded by Mr. Gaydos. No discussion.
Vote:
Fornal: Yes Ricks: Yes
Tapper: Yes Carney: Yes
Striano: Yes Kawalchuk: Absent
O’Halloran: Not requested to attend Gaydos: Yes
Chairman Fornal stated that the Board has heard all the concerns and they are valid points. The Town is working to address these types of issues, unfortunately at this point there is a procedure to follow and Mr. Mahoney has followed it. It is valid that when people buy into a subdivision they have an expectation that it will remain with the lot sizes. Here in the Town it is 1 acre Zoning and people can subdivide unless it’s in the deed. This commentary is important because the Town is in the process right now of redoing all of the Codes. And these are very valid concerns.
Mrs. Carney noted that sometimes when there is a Public Hearing a neighbor will have information that the Board is not aware of and it is useful. A lot of these issues brought up have been addressed as far as siting the house and Health Dept. approval.
T/ROCHESTER Page 5
MINUTES OF MEETING December 19, 2006
PUBLIC HEARING
KEVIN MAHONEY(cont’d)– c/o Ken Treiling, PE, Subdivision Approval for 2 lots in the Queensmont Subdivision at 76 Cedar Drive, Tax Map #68.1-4-5, ‘A’ District
Mr. Striano added that no matter how a Board member personally felt, they had to go by the Code.
Mrs. Carney motioned for a Negative Declaration under SEQRA that is dated December 19, 2006 as prepared by Chazen. Mr. Gaydos seconded the motion. No discussion.
Vote:
Fornal: Yes Ricks: Yes
Tapper: Yes Carney: Yes
Striano: Yes Kawalchuk: Absent
O’Halloran: Not requested to attend Gaydos: Yes
Chairman Fornal read the following conditions into the record for the PB to consider for a Conditional Preliminary Approval:
1. Applicant shall submit to the Planning Board, prior to submission of map for Final Approval, an Approval for lot #5.2 by the Ulster County Health Department.
2. Applicant shall submit to the Planning Board, prior to submission of map for Final Approval, an Approval from the Town Highway Dept. for access to lot #5.2.
Mr. Striano motioned for Conditional Preliminary Approval based on the above conditions. Seconded by Mrs. Carney. No discussion.
Vote:
Fornal: Yes Ricks: Yes
Tapper: Yes Carney: Yes
Striano: Yes Kawalchuk: Absent
O’Halloran: Not requested to attend Gaydos: Yes
Chairman Fornal then asked for a motion for Conditional Final Approval as the Conditional Preliminary Approval conditions have already been met. The following conditions were read into the record for the Board to consider:
1. Applicant shall comply with Central Hudson requirements for utilities and submit proof of such to the Planning Board prior to Final Approval.
2. The driveway for lot #5.2 must be constructed prior to issuance of a building permit.
3. The following notation shall appear on the final map which shall be submitted to the Planning Board prior to Final Approval: “This property may border a farm, as defined in Chapter 75 of the Town of Rochester Code. Residents should be aware that farmers have the right to undertake farm practices which may generate dust, odor, smoke, noise, and vibrations and which may involve insecticides, herbicides, pesticides, etc.”
4. Prior to the issuance of Final Approval, the escrow account must be paid in full.
5. Chairman shall be authorized to sign final maps once condition #s 1, 2, 3, & 4 have been met.
6. Map shall be filed with the Ulster County Clerk within 60 days.
7. After Maps have been filed with Ulster County Clerk, 3 copies of filed maps must be submitted to the Planning Board Secretary.
T/ROCHESTER Page 6
MINUTES OF MEETING December 19, 2006
PUBLIC HEARING
KEVIN MAHONEY(cont’d)– c/o Ken Treiling, PE, Subdivision Approval for 2 lots in the Queensmont Subdivision at 76 Cedar Drive, Tax Map #68.1-4-5, ‘A’ District
Mrs. Carney motioned for Conditional Final Approval based on the above conditions and to include ‘4’ in condition #5. Seconded by Mr. Gaydos. No discussion.
Vote:
Fornal: Yes Ricks: Yes
Tapper: Yes Carney: Yes
Striano: Yes Kawalchuk: Absent
O’Halloran: Not requested to attend Gaydos: Yes
PUBLIC HEARING
AQUARIUS STAR CORP– c/o Joseph Esposito, Special Use Permit for 3 Unit Residential Building, Lucas Avenue, Tax Map #77.1-2-42.12, R-1 District
Mrs. Carney motioned for Lead Agency seconded by Mr. Gaydos. No discussion.
Vote:
Fornal: Yes Ricks: Yes
Tapper: No Carney: Yes
Striano: Yes Kawalchuk: Yes
O’Halloran: Not requested to attend Gaydos: Absent
Mr. Rider, PE, was present on behalf of this application.
Chairman Fornal noted that the Board had received a phone call from the Ulster County Highway Dept. and a letter which recommended sharing the entrance to the contiguous same owner property, Cheer Star gym.
Mr. Rider brought in new maps to show the shared entrance. His client had no objections to this.
Mr. Ricks believed that there was a great need for apartments in the area.
As there was no Public Comment, Mrs. Carney motioned to close the Public Hearing. Seconded by Mr. Ricks. No discussion.
Vote:
Fornal: Yes Ricks: Yes
Tapper: No Carney: Yes
Striano: Yes Kawalchuk: Yes
O’Halloran: Not requested to attend Gaydos: Absent
The Board reviewed Part 2 of the EAF.
5. Will Proposed Action affect surface or groundwater quality or quantity? YES
Proposed Action will allow residential uses in areas without water and/or sewer services. Yes this is an unavoidable impact as there will be a new septic and a new well.
T/ROCHESTER Page 7
MINUTES OF MEETING December 19, 2006
PUBLIC HEARING
AQUARIUS STAR CORP(cont’d)– c/o Joseph Esposito, Special Use Permit for 3 Unit Residential Building, Lucas Avenue, Tax Map #77.1-2-42.12, R-1 District
19. Will Proposed Action affect the character of the existing community? YES
Proposed Action will cause a change in the density of land use. Yes this is another unavoidable impact as there is a subdivision of land being proposed.
Mr. Gaydos questioned if this property was going to be serviced by the water supply company that was behind it?
Mr. Rider responded that it would.
The Board agreed that #5 as listed above would be changed to a ‘no’.
Based on Part 2 of the EAF, Mrs. Carney motioned for a Negative Declaration. Seconded by Mr. Striano. No discussion.
Vote:
Fornal: Yes Ricks: Yes
Tapper: No Carney: Yes
Striano: Yes Kawalchuk: Yes
O’Halloran: Not requested to attend Gaydos: Absent
The Board now discussed giving conditional approval.
Mrs. Carney motioned for Conditional Approval with the following conditions:
Applicant shall submit Ulster County Health Dept. Approval for septic and water.
The existing trailer on property shall be removed prior to issuance of a building permit.
An easement shall be provided for access over lands of Aquarius Star to subject property. Said easement shall be reviewed and approved by Town Attorney.
Adjacent driveway shall be shown on plan demonstrating access to site.
Above mentioned improvements shall be installed according to revised plans as per Planning Board meeting of December 19, 2006 as prepared by David Rider, PE.
Above mentioned conditions shall be met prior to the issuance of a building permit.
Motion seconded by Mr. Gaydos. No discussion.
Vote:
Fornal: Yes Ricks: Yes
Tapper: No Carney: Yes
Striano: Yes Kawalchuk: Yes
O’Halloran: Not requested to attend Gaydos: Absent
T/ROCHESTER Page 8
MINUTES OF MEETING December 19, 2006
PRE-APPLICATION PRESENTATION
MARK RUSHFIELD– Special Use Permit for Bed & Breakfast, 1807 Berme Road, Kerhonkson, Tax Map #76.4-1-1.114
Mr. Rushfield was present on behalf of his application. He explained that his house was more toward the Kerhonkson side of Berme Road. It was the big new house that went up. They currently only occupy it on the weekends. He and his fiancée will be moving into it full time in about a year and a half. The house has a large upstairs and a large main floor. He had +/-9 acres and a horse barn. So, his fiancée would run the B & B. It borders the rail trail.
The Board noted that he would need to look into Board of Health requirements and it would be good for the Board to see a floor plan.
Mrs. Carney noted that Special Use Permits were only good for 1 year, so if Mr. Rushfield was planning on opening in at least a year and a half, the permit would most likely expire before then. She also explained that the Town was revamping its zoning, so when Mr. Rushfield came back to start his process, the rules could be different, but at this time, no one knew how they would change.
Mr. Ricks noted that special events wouldn’t be covered under a B & B.
Mr. Rushfield noted that he understood the Board’s guidance and would take it all into consideration.
ACTION ON MINUTES
Mrs. Carney motioned to accept the minutes from the November 21, 2006 meeting. Seconded by Mr. Fornal.
Vote:
Fornal: Yes Ricks: Yes
Tapper: Yes Carney: Abstain
Striano: Yes Kawalchuk: Yes
O’Halloran: Not requested to attend Gaydos: Abstain
OTHER MATTERS
The Chairman announced that this would be Mr. Striano’s last meeting as a member for his current term.
Mr. Gaydos motioned to adjourn the meeting. Seconded by Mrs. Carney. All members present in favor.
As there was no further business to discuss, at 8:30 PM Chairman Fornal adjourned the meeting.
Respectfully submitted,
Rebecca Paddock Stange, Secretary