MINUTES OF April 15, 2008 REGULAR MEETING of the Town of Rochester PLANNING BOARD, held at the Town Hall, Accord, NY.
Meeting was called to order at 6:45 PM by Chairman Tapper.
PRESENT: ABSENT:
Shane Ricks, Vice Chair Don Dunn, Alternate
Robert Rominger Anthony Kawalchuk
Melvyn I. Tapper, Chairman David O’Halloran
Leon Smith
Anthony Ullman
Pledge to the Flag
Also present was Tim Moot from Clark Patterson Lee, and Tavi Cilenti, Liaison.
PUBLIC HEARING
AMY FINKBEINER– Special Use Permit- 2 family dwelling, Westbrook Road (Old King’s Hwy), Tax Map #77.1-2-23.411, R-1 District
Mrs. Finkbeiner was present on behalf of her application.
Chairman Tapper started off by questioning if the other lot was taken off of the map as was requested by the Planning Board at their last meeting with the applicant.
Mrs. Finkbeiner noted that Medenbach & Eggers took most of the lot off, but left the proposed septic and well locations to show where the approved sites were.
Chairman Tapper opened the Hearing to the Public, but first asked Mrs. Finkbeiner to give an overview of her project.
Mrs. Finkbeiner noted that she has +/-2.2 acres on Old Kings Hwy (Westbrook Road) and wants to put a 2 family house on it. It will possibly be a mother daughter house and she needs a Special Use Permit for it, so here she is.
Allison Williams was recognized to speak. Mrs. Williams wanted to know which parcel was parcel #1?
Chairman Tapper noted that it was the parcel right on the road, Parcel #2 was the parcel in question and it has a driveway right off of Old Kings Hwy which goes back about 550’ to 570’ directly behind parcel #1. He then questioned what the vegetation was like in the area?
Mrs. Finkbeiner replied that the lot is all wooded. She would clear for a driveway, septic area and yard area, but she wasn’t going to clear cut the lot. The apartments would be 2 bedroom apartments.
Chairman Tapper questioned if the structure was going to be 28’ x 64’ as indicated on one of Mrs. Finkbeiner’s applications?
Mrs. Finkbeiner noted that it was a possibility.
PUBLIC HEARING
AMY FINKBEINER(cont’d)– Special Use Permit- 2 family dwelling, Westbrook Road (Old King’s Hwy), Tax Map #77.1-2-23.411, R-1 District
Neighbor Bruce Wood lived across the street from this property and wasn’t thrilled with a rental unit going in on that property. It would become run down and an eye sore.
Craig Williams another neighboring property owner was next to speak. He wanted to confirm that there was a four dwelling multi-family unit that was applied for on Parcel #3, but was withdrawn? What was stopping Mrs. Finkbeiner from re-applying for those dwellings? He felt that it was in a residential area and took away from other properties in the area.
Chairman Tapper noted that Parcel #3 is a +/-7 acre parcel and under our Town Code it was 1 dwelling per acre, so it was within her right if she wanted to apply for it.
Mr. Ricks noted that what was being applied for was a residential use. It was going to be utilized as a home.
Jesse Bell, who owned the parcel earlier identified as Lot #1, felt that years down the road it would turn into an eyesore.
Chairman Tapper noted that they couldn’t foresee what the future would bring. He also noted that it is within the Board’s ability to require screening. As it was, the dwelling was going to be +/- 700’ off of the road and in a wooded area.
Mr. Williams noted that this dwelling was right off of his property line and he’d be able to see it.
Mr. Woods questioned if this was this something that the Board would want next to their homes?
Chairman Tapper noted that he lives very close to a mine, which he helped to approve during his tenure on this Board, so would he rather have a residence near him? Yes. Besides, if it’s allowed, then it’s allowed.
Mrs. Williams noted that she was against the application.
Town resident Michael Baden noted that there were Federal Wetlands on the property. Who was the authority on those?
Chairman Tapper noted that the Army Corps of Engineers (ACOE) was.
Mrs. Finkbeiner noted that Medenbach & Eggers have filed a Joint Permit with the ACOE and you can legally disturb up to .10 acres. She was only going to disturb +/-.03 acres of the wetland to install the driveway. The ACOE can come out at anytime to inspect the area. It’s up to her Engineer and the ACOE to work it out.
Town Consultant, Tim Moot of Clark Patterson Lee, was present and confirmed that it was allowable to disturb up to .10 acres of a Federal Wetland with a Joint Permit application.
Chairman Tapper noted that it is in the Town Code that people couldn’t change the flow of water that would create a nuisance to a neighbor. If they did, the DEC or whoever was enforcing that code would take care of it.
PUBLIC HEARING
AMY FINKBEINER(cont’d)– Special Use Permit- 2 family dwelling, Westbrook Road (Old King’s Hwy), Tax Map #77.1-2-23.411, R-1 District
Mr. Rominger questioned if the applicant had any particulars in mind already concerning the building?
Mrs. Finkbeiner noted that she had a proposed mother and daughter who were looking into it, but that could fall through and it would be a general rental.
Mr. Ullman noted that appropriate screening might appease the neighbors, would the applicant object to extra screening?
Mr. Williams approximated how far he was from the proposed structure at about 60’- 80’ from his property line and his house is close to that same line. He noted that he can see the applicant’s opposite neighbor’s house during the winter when the leaves are off of the tree, so he would definitely be able to see this proposed structure.
Mrs. Finkbeiner noted that he would be looking at a single family home.
Mr. Ricks agreed—the outside would look like a regular home.
Chairman Tapper clarified to the applicant that the footprint that she was applying for needed to be what she ultimately wanted. She could go smaller than the approved plan, but would not be able to go bigger than what she is applying for without having to come back to the Planning Board for approval. The foot print on the plans is a 64’ x 28’.
Mr. Ricks questioned the parking.
Mrs. Finkbeiner noted that she would have the required amount of spaces in the Code.
Mr. Ullman wanted to know if her lawn would be within the building setback?
Mrs. Finkbeiner wasn’t exactly sure, but she wasn’t going to clear cut to the property line (on Mr. William’s Side- which is the northerly side). She would want privacy for this house as well, so she’d be leaving some trees.
Liaison Cilenti noted that there were no required setbacks for lawns in the Town Code.
Mr. Williams had a question regarding the required parking spaces. He felt that each 2 bedroom unit could easily have up to 6 cars at a time on the property.
Chairman Tapper noted that if they were licensed and used there was no maximum, just like there was no maximum for any resident if properly registered. He felt that the public were looking at the worse case scenarios here.
There were no further comments from the public.
PUBLIC HEARING
AMY FINKBEINER(cont’d)– Special Use Permit- 2 family dwelling, Westbrook Road (Old King’s Hwy), Tax Map #77.1-2-23.411, R-1 District
Mr. Ricks motioned to close the Public Hearing, seconded by Mr. Ullman.
Vote:
Smith- Yes Ullman- Yes
O’Halloran- Absent Rominger- Yes
Ricks- Yes Tapper- Yes
Kawalchuk- Absent Dunn(alt.)- Absent
At this time the Board reviewed Part 2 of the EAF.
#3 Will proposed action affect any water body designated as protected?
Yes: “OTHER”: Small to moderate impact as the driveway access would require an ACOE wetland crossing and proposed .03 acre (1365 sf) wetland disturbance with NWP #29.
#19 Will proposed action affect the character of the existing community?
Yes: “Proposed Action will cause a change in the density of land use.” Small to moderate impact.
Mr. Ricks motioned for a Negative Declaration and to accept Part 2 as just prepared. Seconded by Mr. Smith.
Discussion:
This was Mr. Smith’s second meeting and first time reviewing this application and he wondered if he should get involved?
Chairman Tapper felt that everything has been presented at tonight’s meeting and didn’t see a reason why Mr. Smith should not participate.
Vote:
Smith- Yes Ullman- Yes
O’Halloran- Absent Rominger- Yes
Ricks- Yes Tapper- Yes
Kawalchuk- Absent Dunn(alt.)- Absent
Chairman Tapper read Part 3 into the record.
SEQRA- PART 3
In reference to #3 of Part 2:
The disturbance is for a driveway crossing and is 0.03 of an acre which is less than the 0.10 of an acre allowable disturbance by the ACOE (Army Corps of Engineers). The applicant has filed a Joint Application for Permit for the disturbance of Freshwater Wetlands with the ACOE
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In reference to #19 of Part 2: The change in the density of land use is an allowable use and in accordance with the Town of Rochester Comprehensive Plan.
Mr. Ricks felt that if neighbors wanted screening from this structure that they should put up some screening of their own. It is going to look like a single family home and shouldn’t require screening.
PUBLIC HEARING
AMY FINKBEINER(cont’d)– Special Use Permit- 2 family dwelling, Westbrook Road (Old King’s Hwy), Tax Map #77.1-2-23.411, R-1 District
Mr. Ullman felt that considering the objections from neighbors present at the Public Hearing, and Mrs. Finkbeiner stating herself that she wanted some privacy of her own from neighbors, that screening would seem reasonable.
Chairman Tapper questioned what Mr. Ullman would specifically want? Screening 10’ in from property lines or leaving existing trees?
The Board discussed this further and agreed that leaving existing trees would be best.
Next, the Board came to a consensus on the following conditions:
1. Applicant shall comply with all State and Local Building Codes and Fire Codes.
2. Applicant shall comply with all applicable sections of the Town of Rochester Zoning and Land Use Control Laws and Local Laws of the Town of Rochester.
3. Applicant must follow approved maps dated (revised date of March 5, 2008) as prepared by Medenbach & Eggers, PC. Any deviation from said maps shall require Planning Board review.
4. Any expansion or change of use shall be applied for from the Town of Rochester Code Enforcement Office and Planning Board, as required.
5. Copy of Certificate of Occupancy shall be filed with the Planning Board Secretary within 30 days of receipt.
6. There shall be no off street parking as per section 140-36(E) of the Town of Rochester Zoning and Land Use Control Laws.
7. Special Use Permit shall be revoked if not exercised within one (1) year of the date of the signed decision as per 140-32(D) of the Town of Rochester Zoning and Land Use Control Laws.
8. Copy of Ulster County Health Dept. approval shall be filed with the Planning Board Secretary within 30 days of receipt.
9. Copy of Driveway Permit from the Town of Rochester Highway Superintendent shall be filed with the Planning Board Secretary within 30 days of receipt.
10. Applicant shall install and maintain adequate size piping under driveway to equalize the water flow.
11. There shall be no cutting of existing trees on the Northerly side of the property within 10’ of property line.
The Board would make their decision at the next meeting.
NEW APPLICATION PRESENTATION
JEROME FERRO– Mt. View Stables, Lot line adjustment on Lot 17, Peninsula Lane, Tax Map # 77.1-4-17
Mr. Ferro was present on behalf of his application and noted that the property line for lot 17 was in the wrong place. It was too close to where drainage needed to be placed for a road as it was always his intention to subdivide the remaining +/-130 acres.
Mr. Ricks motioned to set the Public Hearing for May 20, 2008. Seconded by Mr. Smith.
Vote:
Smith- Yes Ullman- Yes
O’Halloran- Absent Rominger- Yes
Ricks- Yes Tapper- Yes
Kawalchuk- Absent Dunn(alt.)- Absent
Mr. Ricks motioned to adjourn the meeting. Seconded by Mr. Ullman. All members present in favor.
As there was no further business, at 7:50pm, Chairman Tapper adjourned the meeting.
Respectfully submitted,
Rebecca Paddock Stange, Secretary