Planning Board Minutes 03/20/07

MINUTES OF  MARCH 20, 2007, 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                              
Shane Ricks                                             
Anthony Ullman                                  
Anthony Kawalchuk                                                       
Robert Gaydos
Robert Godwin, Alternate (not required to attend)
Nadine D. Carney
Melvyn I. Tapper

 

Also present at the meeting was Town Planner, Jan Johannessenn, from The Chazen Companies.  

 

Pledge to the Flag.

 

The Chairman introduced the Board to the audience.
PUBLIC HEARING
LEDGE VIEW PROPERTIES, LLC–     c/o Frank Dunn, lot line adjustment b/t lots 13 & 14 in the Sahler                                                      Mill Estates Subdivision, Sundale Road, Tax Map #s 60.4-1-1.223                                                          & 1.224, ‘A’ District

 

Mr. Dunn was present on behalf of his application and explained that this was an approved 17 lot subdivision designed by Barry Medenbach, PE. Mr. Medenbach designed the lot line between lots 13 & 14 which cut through a cliff. He wanted to alter the line between lots 13 & 14 so that a rock ledge will be owned by one lot and not split between the 2. Mr. Dunn owns both lots along with his partners. It just makes more sense this way. It won’t affect any septic areas or anything. They’ve already been approved.

 

Mrs. Carney motioned for an uncoordinated review under SEQRA. Motion seconded by Mr. Gaydos. No discussion.
Vote:
Fornal: Yes                                             Ricks:          Yes
Tapper: Yes                                             Carney: Yes
Ullman: Yes                                             Kawalchuk:      Yes
Godwin: Not requested to participate                    Gaydos: Yes

 

Chairman Fornal opened the Hearing to the public and no one requested to comment.
T/ROCHESTER                                                                             Page 2
MINUTES OF MEETING                                                                      March 20, 2007

 

PUBLIC HEARING
LEDGE VIEW PROPERTIES, LLC (cont’d) –   c/o Frank Dunn, lot line adjustment b/t lots 13 & 14 in the                                                             Sahler Mill Estates Subdivision, Sundale Road, Tax Map #s                                                        60.4-1-1.223 & 1.224, ‘A’ District

 

Mrs. Carney motioned to close the Public Hearing. Seconded by Mr. Gaydos. No discussion.
Vote:
Fornal: Yes                                             Ricks:          Yes
Tapper: Yes                                             Carney: Yes
Ullman: Yes                                             Kawalchuk:      Yes
Godwin: Not requested to participate                    Gaydos: Yes

 

Mrs. Carney noted that when a Major Realty Subdivision is filed, it’s filed with the Ulster County Health Dept. (UCHD) approval and although there is no change to the septic lots, Mr. Dunn would still need to notify the UCHD. The Board will go through with SEQRA process and possibly a Conditional Final Approval, but one of the conditions would be to submit this lot line adjustment with the SEQRA Determination to the UCHD to inform them of what he is doing. She didn’t think that there would be any application process. If there was it would be a subdivision of 2 lots. She suggested that Mr. Dunn speak with Mr. Rodden from the UCHD to find out what their process is.

 

The Board reviewed Part 2 of the Short EAF and Mrs. Carney motioned for a Negative Declaration under SEQRA. Mr. Ricks seconded the motion. No discussion.
Vote:
Fornal: Yes                                             Ricks:          Yes
Tapper: Yes                                             Carney: Yes
Ullman: Yes                                             Kawalchuk:      Yes
Godwin: Not requested to participate                    Gaydos: Yes

 

Mrs. Carney noted that the EAF was approved for the Major Realty Subdivision and this is simply for the lot line adjustment in that approved subdivision.

 

Mrs. Carney instructed the applicant to place the standard subdivision notes on the plan and make sure to reference all notes on the original Sahler Mill Estates Subdivision map.

 

Mr. Ricks motioned for Conditional Preliminary Approval with the following conditions:
1.      Applicant shall obtain documentation from the Ulster County Health Dept. showing their acceptance of lot line adjustment in relation to originally approved septic layout for the Sahler Mill Estates Subdivision.
2.      Final Map shall be revised to reflect the notes of the originally filed Subdivision Map of Sahler Mill Estates which was stamped by the Planning Board on 3/30/06 and filed with the County  as filed map #06-77A
3.      The Chairman shall be authorized to sign the maps upon completion of said conditions.
Motion seconded by Mr. Gaydos. No discussion.
Vote:
Fornal: Yes                                             Ricks:          Yes
Tapper: Yes                                             Carney: Yes
Ullman: Yes                                             Kawalchuk:      Yes
Godwin: Not requested to participate                    Gaydos: Yes

 

T/ROCHESTER                                                                            Page 3
MINUTES OF MEETING                                                                      March 20, 2007

 

PUBLIC HEARING
LEDGE VIEW PROPERTIES, LLC (cont’d) –   c/o Frank Dunn, lot line adjustment b/t lots 13 & 14 in the                                                             Sahler Mill Estates Subdivision, Sundale Road, Tax Map #s                                                        60.4-1-1.223 & 1.224, ‘A’ District

 

Mr. Ricks motioned for Conditional Final Approval based on the above mentioned conditions. Mr. Gaydos seconded the motion. No discussion.
Vote:
Fornal: Yes                                             Ricks:          Yes
Tapper: Yes                                             Carney: Yes
Ullman: Yes                                             Kawalchuk:      Yes
Godwin: Not requested to participate                    Gaydos: Yes

 

PUBLIC HEARING
TAROH HOLDING– c/o Medenbach & Eggers, 3 lot subdivision at Old Mine Road, Tax Map #76.10-1-9.1,                                Industrial District

 

The Chairman noted that no one was in attendance to represent this application. They would postpone this application until later in the meeting to see if anyone arrives to represent it.

 

EXTENSION ON CONDITIONAL PRELIMINARY APPROVAL
VICTOR VAN BORKULO– c/o Taconic Designs, 6 lot subdivision, Millbrook Lane, Tax Map #
                                76.002-2-6.411 R-2 District

 

Mr. Ricks motioned to give a 90 day extension to this application. Mr. Gaydos seconded the motion.
Vote:
Fornal: Yes                                             Ricks:          Yes
Tapper: Yes                                             Carney: Yes
Ullman: Yes                                             Kawalchuk:      Yes
Godwin: Not requested to participate                    Gaydos: Yes

 

After Mr. Ricks made the motion he realized that he has previously abstained from this application as he was the previous owner of this property.

 

Chairman Fornal didn’t feel the recusal was necessary. Mr. Ricks didn’t have anything to gain, as long as he disclosed this information, this was adequate.

 

Mr. Tapper questioned if the applicant got held up through no fault of their own, like by the Health Dept., would they be able to get an extension passed the 180 days?

 

Mrs. Carney noted that if the applicant gets to the next extension the applicant should let the Health Dept. know at what point he was in with the Planning Board process.

 

Chairman Fornal really thought that the issue being held up was the stormwater. They’ve been going back and forth with Chazen over this.

 

T/ROCHESTER                                                                             Page 4
MINUTES OF MEETING                                                                      March 20, 2007

 

NEW APPLICATION PRESENTATION
FRANK KORTRIGHT        c/o Medenbach & Eggers, Special Use Permit for Renewal of Mining Permit,                                        Rochester Center Road, Tax Map #68.3-2-14, R-1 District

 

Chairman Fornal announced that this application would not be in front of the Board tonight.

 

NEW APPLICATION PRESENTATION
ALFONSE PINTO–  Special Use Permit for Bed & Breakfast and Yoga Studio, 190 Stillerberg Strada, Tax                             Map #67-3-29.1, ‘A’ District

 

Mr. & Mrs. Pinto were present on behalf of their application.

 

Mr. Pinto explained that there would be no new construction. The addition to the house has already been put on and its still not 100% finished.

 

Chairman Fornal noted that he had spoken with the Code Enforcement Officer, Jerry Davis, and he said that there may be a problem with one of the bedrooms having a separate access. According to NY State Law, Bed & Breakfasts (B & B) all need to have a common entrance.

 

(At this time Mr. Ricks’ received a call on his cell phone from Mr. O’Halloran of Taroh Holdings. Mr. Ricks announced that someone was supposed to be coming from Medenbach & Eggers to represent him)

 

Mr. Pinto noted that he had spoken to Mr. Davis about this and it wasn’t a problem.

 

Mr. Ricks questioned if the addition was built with the intention to do this Yoga Studio and B & B?

 

Mr. Pinto noted that the reason behind the addition was just to extend the house and the idea for the Yoga and B & B came later.

 

Mr. Ricks felt that this was kind of backwards. The applicants put the addition on and then come in and get the permits. They should have come to the Board first.

 

Mr. Pinto explained that it wasn’t thought of that way. He built the addition and then had the idea for the business.

 

Mr. Ricks thought that it seemed that it was laid out for this specific use.

 

Mr. & Mrs. Pinto agreed and said that this is what gave them the idea.

 

Mr. Ricks felt that Yoga was a separate business. When he was looking through this application he was making some notes and the original septic system was approved on the smaller layout and then when he added the addition and the bathroom and now they want a yoga studio and B & B, the septic system hasn’t been reapplied for.

 

Mr. Pinto wasn’t aware that it needed to be.

 

T/ROCHESTER                                                                             Page 5
MINUTES OF MEETING                                                                      March 20, 2007

 

ALFONSE PINTO (cont’d) –        Special Use Permit for Bed & Breakfast and Yoga Studio, 190 Stillerberg                                                 Strada, Tax Map #67-3-29.1, ‘A’ District

 

Mr. Ricks would think it would.

 

Mrs. Carney noted that if someone was making repairs to their septic system for their use in their home they didn’t’ need to contact the Health Dept. But if they were expanding and changing the use, or changing the number of bedrooms, they would need to go back to the Health Dept. for review.

 

Mr. Ricks noted that he had parking for 10 to 20 cars. He felt that was a bit excessive. On the EAF the applicant didn’t list the maximum number of vehicular trips. There were many things that were incorrect.

 

Mr. Ullman questioned if there was any yoga or massage services at the house presently?

 

Mr. Pinto noted that there were a few yoga clients—just something small and on the side.

 

Mr. Gaydos thought maybe it was just a small illegal business.

 

Mr. Pinto noted that he was just trying to be honest and this was just something small out of their home. And he was trying to make it legal and this was why he was here.

 

Mr. Ullman wondered if side businesses that the applicant would be providing to guests were aloud under the Town’s Zoning Regs.

 

Mr. & Mrs. Pinto noted that they had asked this question and they had gotten an ‘okay’.

 

Mr. Gaydos wanted to know if they questioned if this was applicable to the B & B or for the home occupation.

 

Mr. Pinto noted that the question was for both. Before they put in this application they talked to Mr. Davis and Brenda and they were trying to figure out if they could do it. They went over all of these questions and they all turned out to be okay. They were looking at Codes and everything and they seemed to fall into these guidelines.

 

At this time the Board went through the EAF and instructed the applicant that they needed to be revised.
# 5~~~ needs to supply percentage of slope
~
#17~~~ needs to put down YES for site served by~public utilities
~
Section B
~
#1f~~~ needs to supply numbers
~
#1j~~~ needs to change 0 for frontage to frontage~footage that exists
~
#1g~~~ needs to put in number for vehicular trips generated per hour
~
#12~~~ needs to check appropriate box
~T/ROCHESTER                                                                            Page 6
MINUTES OF MEETING                                                                      March 20, 2007

 

ALFONSE PINTO (cont’d) –        Special Use Permit for Bed & Breakfast and Yoga Studio, 190 Stillerberg                                                 Strada, Tax Map #67-3-29.1, ‘A’ District

 

#16~~~ needs to check YES box plus give answers to a) and b)
~
#23~~~ needs to be more accurate for per day water use (put 50-100) should be more than 100
~
SECTION~C
~
# 8~~~ needs to change answer to NO
~
#12~~~ needs to change answer to YES plus~answer to a)

 

Mr. Ricks noted that everyone that comes to one of these yoga or meditation classes is going to use the bathroom once. That’s quite a drive up there and once someone is up there, they’ll probably use the rest room. That has to be figured in.

 

Mr. Ricks noted that he’s been on this road, Stillerberg Strada and he believed it was a private road. This was also in a subdivision and questioned the applicant what it said in his subdivision regulations about having businesses up there.

 

Mr. Pinto noted that there was nothing in his deed that restricted it. He didn’t know about subdivision regulations. He didn’t have a copy of those.

 

The Secretary noted that she had checked the Quite Mt. Estates Subdivision map and there was a note that said that there could be no more than one family dwelling per lot.

 

Mrs. Carney noted that there was a Road Maintenance Agreement also. She noted that if the note restricted the lots to one single family dwelling. She thought that maybe this meant that wouldn’t allow anything else.

 

Mr. Ricks knew that in the summer that the road is a dust bowl. If you go down it you have to wait 5 minutes to go through it.

 

Mr. Tapper felt that the Yoga would fit under a Home Occupation in the single family residence, but they weren’t sure how that would fit with the B & B.

 

Mrs. Carney wondered if there were any restrictions in the Road Maintenance Agreement.

 

Mr. Pinto noted that there was someone in the audience that lives on the same road and maybe they would know.

 

Eric Gilles was a member of the audience and lived on the road as well and noted that he really didn’t know. He thought it was a ‘trust’ where all the homeowners on the road pay money for the maintenance of the road.
T/ROCHESTER                                                                             Page 7
MINUTES OF MEETING                                                                      March 20, 2007

 

ALFONSE PINTO (cont’d) –        Special Use Permit for Bed & Breakfast and Yoga Studio, 190 Stillerberg                                                 Strada, Tax Map #67-3-29.1, ‘A’ District

 

Mrs. Carney advised that there may have to be a new agreement drawn up where all the people that live on that road may have to agree to allow to have the use that the Pinto’s are proposing. She advised Mr. Pinto to get a
copy of his Road Maintenance Agreement and approach his neighbors to get their feed back.

 

Mr. Pinto wanted to make sure that he gave the Board everything that they needed to make a good decision on this matter. If he wasn’t filling out the application correctly, he would revise it.

 

Mr. Gaydos noted that the applicant would need an engineered site plan that would have to follow the checklist.

 

Mrs. Carney explained the checklist a little further to the applicant.

 

Mr. Pinto had seen the checklist and thought that he provided enough of what was on there. He wasn’t changing anything. The building was already there.

 

Mrs. Carney noted that the Board needed to see a surveyor’s map locating the house and existing parking and things like that. If there was nothing proposed to be different, a survey may suffice showing the actual locations of all the current improvements on the property.

 

Mr. Ricks noted that the house and parking and all of that stuff would have to be put on a plan to scale.

 

Mrs. Carney noted that according to the sketch that was submitted by Mr. Pinto, the Board couldn’t really tell if he even met his setbacks. Maybe things on the checklist could be waived, but the Board won’t know until they have an adequate amount of information.

 

Mr. Tapper felt that the yoga aspect of the application wouldn’t be a problem under a Home Occupation, but the B & B is a question.

 

Mr. Pinto noted that the yoga would be more like a treat or amenity to the B & B.

 

Mr. Ullman questioned what defined a Home Occupation?

 

The Secretary gave Mr. Ullman Section 140-20A. of the Zoning Ordinance that described Home Occupations.

 

Mr. Ricks noted that there were guidelines where a Home Occupation should visually, aesthetically, or acoustically change the appearance of a residence.

 

Mr. Gaydos questioned about the deed restrictions about only having a single family home on the property?

 

Mr. Pinto answered that this was still a single family home.

 

Mrs. Carney felt that this would need to be interpreted by the Town Attorney.

 

Mr. Pinto questioned why there was confusion. He was sure that he wasn’t the first B & B in the world.
T/ROCHESTER                                                                             Page 8
MINUTES OF MEETING                                                                      March 20, 2007

 

ALFONSE PINTO (cont’d) –        Special Use Permit for Bed & Breakfast and Yoga Studio, 190 Stillerberg                                                 Strada, Tax Map #67-3-29.1, ‘A’ District

 

Mrs. Carney noted that this was different because he was in a subdivision on a private road.

 

Mr. Ricks noted that the neighbors all owned to the center of the road and every time their yoga or B & B guests came up that road they would be driving over the neighbor’s property. So, it affects all of them. Many times Road Maintenance Agreements have restrictions on these things.

 

Mr. Pinto didn’t think there was anything in writing about not having businesses.

 

Another member of the audience had a copy of this Road Maintenance Agreement that he would supply to the Board.

 

Mr. Ricks noted that Mr. Pinto definitely needs to get a hold of the UCHD, especially if he went from 1 bedroom to 4.

 

Mr. & Mrs. Pinto corrected him and stated that they went from 3 bedrooms to 4. There were 3 bedrooms already in the house.

 

Mr. Ricks thought it was a really small house with a bigger addition.

 

The upstairs is 1 bedroom with a family room and bathroom.

 

Mrs. Carney asked if there was a pump station to the septic or was it a gravity system?

 

Mr. Pinto noted that it was gravity.

 

Mrs. Carney advised the applicant to tell the UCHD that the original design was for a 3 bedroom house and they only occupy 1 bedroom on a full time basis and the other bedrooms would be occupied part time. Information like that does have an effect with septic systems that get a chance to rest between usages. The UCHD may give them an allowance for something like that.

 

Mr. Tapper wanted to clarify. They would have 3 guest rooms. Would they be just for weekends or weekdays also?

 

Mr. & Mrs. Pinto had thought it would be occupied mainly on weekends.

 

Mr. Tapper noted that theoretically the most they would have would be 6 people at a time.

 

Mrs. Pinto agreed and noted that would really only require 3 parking spaces.

 

Mr. Pinto clarified that it would also only be 3 seasons out of the year. It would be impossible to do in the winter.

 

Mr. Tapper felt that wouldn’t created a constant stream of cars going in and out.
T/ROCHESTER                                                                             Page 9
MINUTES OF MEETING                                                                      March 20, 2007

 

ALFONSE PINTO (cont’d) –        Special Use Permit for Bed & Breakfast and Yoga Studio, 190 Stillerberg                                                 Strada, Tax Map #67-3-29.1, ‘A’ District

 

Mr. Pinto agreed; it wouldn’t be that much traffic at all.

 

Mrs. Carney advised the applicants to let the UCHD know that it will only be occupied by guests for 3 seasons. These things do make a difference.

 

Mr. Ricks went over the floor plans with the applicants.

 

Mr. Pinto again noted that he had spoken with Mr. Davis about the B & B and didn’t see a problem.

 

Chairman Fornal noted that the Board would have to check into the separate entrance to one of the rooms. In general the Board felt it was better to have another exit for safety reasons. If Mr. Davis requires the separate entrance to be removed, would the applicants agree to this?

 

Mr. Pinto answered yes, they would.

 

Mrs. Carney stated that per the Town Zoning Regs this was doable, but the only problems may come from the subdivision, UCHD, and the Private Road.

 

Mr. Pinto noted that they would assume the liabilities for all the vehicles coming in and out.

 

Mrs. Carney advised the applicants to go over the checklist.

 

Mr. Ricks wanted to see more details on the business itself. A better description. He also questioned if the applicants were planning to do any outdoor activities?

 

Mr. Pinto noted that they adjoin State Land. They aren’t offering it, but if they wanted to go and walk on State Land they could.

 

Mr. Ricks couldn’t see people going there for a weekend and staying in the house the whole time. They would be outside and traveling up and down that road.

 

The Pinto’s noted that the yoga classes only accommodated 3-5 people. The reason they had all the parking spaces available was because they had a big party and they were available, so they listed them. The reason they had applied for yoga and the B & B was because yoga would be provided to B & B guests, but they would also offer separate classes.

 

The Board instructed the applicants to go over the checklist and get a better site plan and survey and revise their EAF. They would need a better description of the business and it would have to be researched to see if the subdivision or Road Maintenance Agreement prohibited this requested use. Once the applicants resubmit the additional information, they will be on the next available agenda.
T/ROCHESTER                                                                             Page 10
MINUTES OF MEETING                                                                      March 20, 2007

 

NEW APPLICATION PRESENTATION
WALTRAUT CADDIGAN c/o Cedar Ridge Development Corp, Special Use Permit for manufacturing stone countertops, 2,500 sf work space and storage, and 500 sf office and show room space, 11 & 15 Tow Path Road, Tax Map #77.9-1-24.2, Hamlet District

 

Jason Wright was present on behalf of this application as the President of Cedar Ridge Development Corp. Mr. Wright explained that he was proposing to take the laundry mat in town on Main Street and using it as a small show room and work shop to cut and polish stone countertops. Everything would be inside except for a little storage outside.

 

Mr. Tapper recalled one of the reasons that the previous occupant, the cat shelter, was complaining about the septic or water supply. He couldn’t recall.

 

Mr. Gaydos noted that there was lots of water and no septic.

 

Mr. Tapper noted that if Mr. Wright would be cutting and polishing stone he would need a water supply. Where would the waste water go?

 

Mr. Wright noted that Mrs. Cadigan had told him that the well was 250 gallons a minute with a three phase pump. He would be recycling the water and use a sludge dehydrator. It’s like a series of pits that as the water comes back in, each pit settles out as much sediment as it can and then it goes through a dehydrator which pulls the water and filters it and its run right back through. So, the same water is used over and over within reason. The residue at the end gets thrown in the trash.

 

Mr. Tapper remembered that one of the reasons that the previous occupant wanted to leave was because she couldn’t even have a bathroom because the septic was so bad.

 

Mr. Wright had spoken to the present owner, Mrs. Cadigan, who had assured him that the problems were fixed. That was the big raised bed behind the building. There is a 4 family house that currently runs into that as well. There is a pump chamber behind the house and it runs over to this septic. This is on the same parcel. He would employ 1 person.

 

Mr. Ricks noted that as far as the bathroom for his business there would only be 2 people using it.

 

Mrs. Carney added that as far as the water for the business, it wouldn’t go into the septic, it would be recycled.

 

Mr. Gaydos questioned if this made a lot of noise?

 

Mr. Wright explained that it makes a normal amount of noise. The polisher is basically like a right angle grinder with a 4 inch head that a diamond pad is on that sprays water out of the center. It’s really no louder than a drill. The saws are like a bigger version of a tile tub saw that you would use. He currently uses the polisher about 4 hours a day and the saw about 1 – 2 hours depending on the day. Right now he makes about a counter top a week. He works mainly by himself. The saw probably made more noise. He didn’t think the noise would have any affect on the neighbors. It would all be indoors during the day hours. He was about 120’ from the 4 family house.

 

T/ROCHESTER                                                                             Page 11
MINUTES OF MEETING                                                                      March 20, 2007

 

NEW APPLICATION PRESENTATION
WALTRAUT CADDIGAN (cont’d) –    c/o Cedar Ridge Development Corp, Special Use Permit for                                                        manufacturing stone countertops, 2,500 sf work space and storage,                                                        and 500 sf office and show room space, 11 & 15 Tow Path Road,                                                   Tax Map #77.9-1-24.2, Hamlet District

 

Mr. Tapper and Mr. Ricks felt that this would be a good place for a show room and it would be nice to have another business in Town.

 

Chairman Fornal questioned if Mr. Wright had any ideas of how to quantify the noise? Mr. Wright could give the board specs on the equipment which should have DBA listed. But when it’s applied to the use, the noise increases.

 

Mr. Wright agreed, standing alone, just running the saw makes almost no noise. But as you run things through it that’s what changes it. The blades are designed to be silent core blades to reduce vibration. The workshop would be in the old car wash bay. There’s a laundry mat and it used to be a car wash as well, so there’s an 18’ x 45’ building—concrete block—with a garage door. He wouldn’t be cutting where the big windows are.

 

Mrs. Carney asked where Mr. Wright did this type of work now. She was just wondering if anyone complained now about the saw.

 

Mr. Wright replied that he did the projects on site mostly.

 

Chairman Fornal noted that he could test it with a sound meter to get some sort of idea what that noise is.

 

Mr. Wright noted that you wouldn’t want to stand next to it without ear protection.

 

Mr. Ricks was at another stone company watching them cut the stone and he noted that it wasn’t any louder than a carpenter using an electric saw.

 

Mr. Gaydos had also watched this type of manufacturing and thought that the guy doing the cutting should wear ear protection, but he didn’t think it was any kind of noise that would penetrate the building.

 

Mr. Ricks noted that there was a wood working shop by the fire house for a while and no one even knew it was there.

 

Mrs. Carney agreed that being enclosed in the concrete block part of the building would be a big help.

 

Mr. Ricks requested the applicant to indicate the outside storage mentioned by Mr. Wright.

 

Mr. Wright would show this on the plan. He proposed to black top a piece in the back and fence it in. There would be plenty of parking.
T/ROCHESTER                                                                             Page 12
MINUTES OF MEETING                                                                      March 20, 2007

 

NEW APPLICATION PRESENTATION
WALTRAUT CADDIGAN (cont’d) –    c/o Cedar Ridge Development Corp, Special Use Permit for                                                        manufacturing stone countertops, 2,500 sf work space and storage,                                                        and 500 sf office and show room space, 11 & 15 Tow Path Road,                                                   Tax Map #77.9-1-24.2, Hamlet District
Mr. Ricks motioned for a Public Hearing at the April meeting as this was an existing site. Seconded by Mr. Gaydos.
Discussion:
Mrs. Carney questioned if the Board wanted to do SEQRA before they voted on the Public Hearing?
It would go to the County Planning Board because it’s within 500’ of a County Road, but it didn’t need to go to any State Agency.

 

Mr. Ullman questioned if it would be smart to take a sound reading in the building that the applicant proposes to use?

 

Mr. Ricks felt that maybe having the equipment running in the building and taking the sound test outside would be the way to go.

 

Mr. Fornal questioned what type of building it was done in now?

 

Mr. Wright answered that he tried to do most of it on site at people’s houses.

 

Mr. Gaydos agreed that this has been a building used for businesses in the past, there is no doubt about that, he would think the logical thing to do would be to condition the operation to the noise being satisfactory and not a nuisance. And if it wasn’t satisfactory he could sound proof the building by putting Styrofoam on the walls, which is not a big deal after he’s in and operating. That would be the true way of finding out what the noise will be like coming from the place.

 

Mrs. Carney added that it’s not operating 24 hours.

 

Chairman Fornal questioned if Mr. Wright would be willing to agree to a 1 year Special Use Permit with a review?

 

Mr. Wright wanted to purchase the building based on Planning Board review, so he would rather have a definitive answer.

 

Mr. Ullman questioned what the reasonable decibel level was? There should be guidelines.

 

Mrs. Carney felt that the Chairman was well informed on noise level and the acceptable levels. She also felt that the condition can be made without limiting the use.

 

Chairman Fornal questioned if Mr. Wright would be okay with that? If the output would be such that he would have to sound proof?

 

T/ROCHESTER                                                                             Page 13
MINUTES OF MEETING                                                                      March 20, 2007

 

NEW APPLICATION PRESENTATION
WALTRAUT CADDIGAN (cont’d) –    c/o Cedar Ridge Development Corp, Special Use Permit for                                                        manufacturing stone countertops, 2,500 sf work space and storage,                                                        and 500 sf office and show room space, 11 & 15 Tow Path Road,                                                   Tax Map #77.9-1-24.2, Hamlet District

 

Mr. Wright would be okay with that. He questioned at what distance was the noise meter used?

 

Chairman Fornal noted that they would put it on the receptor, which would be on the closest house to the parcel. This would probably be at the 4 family house on the same parcel. So there would have to be a db level at 120’. He didn’t think this would be a problem.

 

Mr. Gaydos agreed and since Mr. Wright is the owner of the house, couldn’t he rent the units out with the consideration that the renters may have to listen to the noise? Mr. Gaydos felt that the 4 family house was the closest dwelling out of all of the bounding owners.

 

Mr. Wright believed that this was true.

 

Mrs. Carney consulted with the Board and advised the applicant to fill out the short EAF and bring it in to the PB office to submit to the Ulster County Planning Board. These are mostly minor improvements to the interior. This wasn’t a major impact to the site. The Short EAF still includes questions about noise.

 

After they opened the Public Hearing next month they would review the EAF and do SEQRA.
Vote:
Fornal: Yes                                             Ricks:          Yes
Tapper: Yes                                             Carney: Yes
Ullman: Yes                                             Kawalchuk:      Yes
Godwin: Not requested to participate                    Gaydos: Yes
ACTION ON MINUTES OF MEETING
The Board tabled the Action on the Minutes to the April Meeting as there were a few revisions that needed to be made.
T/ROCHESTER                                                                             Page 14
MINUTES OF MEETING                                                                      March 20, 2007

 

OTHER MATTERS

 

Mr. Ricks spoke with Mr. John Dawson who was in the audience. Mr. Dawson has Conditional Preliminary Approval for his Subdivision known as Mt. Laurel Estates and Mr. Ricks wanted to know if Mr. Dawson had made any progress with a Maintenance Agreement. Mr. Dawson felt he was doing well, working on it.

 

HOMELAND TOWERS

 

The Chairman noted that the cell towers are progressing and will be going to the Town Board for action and the PB will be getting that soon after that. They went to the FAA and there won’t be any lights and they took all of the suggestions made by the Board and they accepted them.

 

Mr. Ricks recalled the last cell tower that came into Town. There was a whole group of citizens, a lot of people form City Hall Road, and they were the Telecommunications Committee and they are the ones that made that law. They made it, but now it’s considered hostile? People spent a lot of time on this law and now the Town Board doesn’t like their own law that they made.

 

Mr. Tapper wanted to talk about the Home Owner’s Associations that Mr. Ricks is always talking about. When the developer leaves and sells his last lot there is no one there to pick the matter up. Is there any way to make the first person who bought property in the subdivision the president of the Home Owner’s Association? Until they can form something and have an election?

 

Mr. Ricks used the subdivision that applicant, Mr. Pinto, was in. Quiet Mt. Estates has trust set up where every lot has to put in x amount of dollars each year that has to go into an account.

 

Mr. Ricks stated that an agreement doesn’t do anything unless they are required to submit money into an account.

 

Mr. Dawson noted that a Home Owner’s Association (HOA) has a commonly owned property. Where in a Trust no individual owns the same piece that another individual owns—they all own to the center of the road. Cluster Housing, for example, where people all own 10 acres jointly—that’s an HOA. Or with a condo where the owners all own a roof—that’s an HOA.

 

Mr. Ricks noted that the Trust is where they share the maintenance of a commonly owned area. If people don’t chip in you take them to court.

 

Mr. Eric Gilles was in the audience and lives in Quiet Mt. Estates and noted that taking someone to court costs more than the amount they will recover. They chip in $300 per land owner.

 

Mr. Dawson noted that another problem Mr. Gilles has is Old Mine Road. Mr. Gilles owns all of the roads and right-of-ways and he maintains them all and no one else is responsible.

 

Mr. Gaydos felt that this road should really be turned into a Town Road. The Town has roads at both ends of it and it’s a terrible, terrible road.
T/ROCHESTER                                                                             Page 15
MINUTES OF MEETING                                                                      March 20, 2007

 

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 8:40 PM Chairman Fornal adjourned the meeting.

 

                                                                        Respectfully submitted,
                                                                        
                                                                        Rebecca Paddock Stange, Secretary