MINUTES OF May 20, 2008 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 Chairman Tapper.
PRESENT: ABSENT:
Anthony Kawalchuk Shane Ricks, Vice Chair
Robert Rominger
Melvyn I. Tapper, Chairman
Leon Smith
Anthony Ullman
David O’Halloran
Don Dunn, Alternate
Pledge to the Flag
Also present was Town consultant, Tim Moot, from Clark Patterson Lee.
CONTINUED APPLICATION REVIEW
LISA & YUVAL STERER– Subdivision Approval, 2 lots and lot line adjustment, Rock Hill Road, Tax Map #77.3-2-10, ‘A’ District
Mr. Sterer was present on behalf of his application.
Chairman Tapper noted that this application was received a couple of months ago and received some preliminary review from the Planning Board, but required review from the Planner as well. The Town has recently hired Clark Patterson Lee Associates and now has Mr. Tim Moot as a consultant. This is his first review of this application and this is what the Board would be reviewing at this meeting.
Mr. Sterer received Mr. Moot’s comment letter dated May 19, 2008. He had a few concerns. He noted that he would speak to Medenbach & Eggers regarding complying with the current zoning requirements and amending the application and EAF forms. He also noted that he is not within 500’ of an Agricultural District. He also had a concern with making a note on the map that lot 2 would be conveyed to the Open Space Institute (OSI) as they haven’t formally reached an agreement on the terms of the sale.
Mr. Moot noted that if it was not clearly stated on the plan that the lot in question was going to be a conservancy of some sort that the applicant would need Health Dept. approval and need to show a building site.
Chairman Tapper agreed with Mr. Moot’s point.
Mr. O’Halloran also agreed. The Board needed it guaranteed that the land would be open space other wise they didn’t want to approve something that could potentially be an unbuildable lot. If the applicant didn’t have an agreement with OSI by the time they went for Final Approval, they could state on the map that this would be a non buildable lot and that wouldn’t require the Health Dept. approval or showing a building site.
Mr. Moot wanted clarification from the applicant that the portion of Rock Mt. Road that they were accessing was indeed abandoned by the Town. There was further discussion regarding this topic. The Board and Mr. Moot wanted further proof also that no other adjacent properties had a right of way off of that portion of Rock Mt. Road. It was unclear what road the bounding owners used. They just wanted to make sure that all right of ways
CONTINUED APPLICATION REVIEW
LISA & YUVAL STERER (cont’d)– Subdivision Approval, 2 lots and lot line adjustment, Rock Hill Road, Tax Map #77.3-2-10, ‘A’ District
were displayed on the map. They wanted a letter from the Highway Superintendent clarifying the details of the abandonment of the portion of that road. They further suggested that Mr. Sterer to some research into his neighbors deeds to see if they had any right of ways. This is something the applicant’s surveyor would have on record.
Mr. Sterer didn’t believe that any of his neighbors had a right of way. He believed that the record of the details of the abandonment of the road was in the Town Board minutes.
Mr. Moot continued to go over his review letter noting that the Board would need further documentation for the file that the proposed subdivision and lot line adjustment weren’t with in 500’ of an Agricultural District. The Board also needed a signed letter from the State Historic Preservation Organization (SHPO) that there weren’t any historic sites nearby that were on the register.
The Board discussed the need to show topography.
The applicant noted that the property was primarily flat.
Mr. Moot also wanted test hole locations to be shown on the plan.
Mr. Sterer stated that Medenbach & Eggers was working on the septic approvals for lot 1, so they should have that information.
Mr. O’Halloran felt that topography requirements could be waived. And considering the property was primarily wooded, he didn’t feel that showing tree locations was necessary.
Mr. Kawalchuk motioned to waive the topography and the mapping of wooded areas. Motion seconded by Mr. Smith.
Vote:
Smith- Yes Ullman- Yes
O’Halloran- Yes Rominger- Yes
Ricks- Absent Tapper- Yes
Kawalchuk- Yes Dunn(alt.)- not required to participate
DECISION
FINKBEINER- Special Use Permit- 2 family dwelling, Westbrook Road (Old King’s Hwy), Tax Map #77.1-2-23.411, R-1 District
Chairman Tapper read the following Decision into the record for consideration for the Board to adopt.
DECISION #PB 2008-01SUP
Application by: Amy Finkbeiner
For: Special Use Permit renewal pursuant to the Schedule of Zoning Uses on the Code of the Town of Rochester.
Reason for Request: Special Use Permit renewal~for 2 family house
Acreage: +/-2.2 Zoning District: R-1
Location: Old Kings Highway (Westbrook Road) Tax Map#: 77.1-2-23.411
Notice of Public Hearing published in the April 5, 2008 edition of the Daily Freeman, notice by mail to known adjacent landowners, and posted on the bulletin board in the Town Clerk’s Office and on the Town’s Website.
Public Comment:. See attached Planning Board minutes
Date of Public Hearing: April 15, 2008
Place: Town Hall, Accord, NY
SEQR Action: Unlisted—Negative Declaration—Uncoordinated review
Application #: 08-01SUP Application and EAF filed on: January 16, 2008
Facts Established at Public Hearing:
1. Applicant seeks to build a two family home, approximately 68’ by 26’, two stories in height, consisting of two – (2 bedroom) apartments.
2. Project site is located on Old Kings Highway (Westbrook Road) in and R-1 Zoning District.
3. Project is permissible in an R-1 Zoning District with a Special Use Permit.
4. Total acreage of lot is +/- 2.2 acres.
5. +/-.03 acres of Registered Federal Army Corps of Engineers (ACOE) Wetlands will be disturbed for driveway installation. Applicant has filed a Joint Permit with ACOE and by law is allowed to disturb up to .10 acres of the wetland.
6. Four neighboring property owners voiced concerns over the project (see attached public hearing minutes)(Board addressed concerns later on by mitigation via condition #11 on page 2)
Documents submitted by Applicant for the Planning Board to review their case:
1. Special Use Permit Application#08-01 with full EAF for a two family dwelling dated January 16, 2008.
2. Zoning Permit #11 of 2008 dated January 16, 2008.
3. Site Plan Map dated January 4, 2008 as prepared by Medenbach & Eggers, PC.
4. Site Plan Map revised dated January 27, 2008 as prepared by Medenbach & Eggers, PC.
5. Site Plan Map revised dated February 25, 2008 as prepared by Medenbach & Eggers, PC.
6. Site Plan Map revised dated March 5, 2008 as prepared by Medenbach & Eggers, PC.
* * * *
DECISION
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
The Town of Rochester Planning Board grants approval for Special Use Permit~for two family house on +/-2.2 acres on property located at Old Kings Highway (Westbrook Road), Tax Map # 77.1-2-23.411, and in an R-1 Zoning District of the Town of Rochester. Special Use Permit was adopted on May 20, 2008, with the following conditions, by the following vote:
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.
Chairman Tapper motioned to approve the above decision as read into the record with the above conditions and Findings. Mr. Ullman Seconded the motion.
Vote:
Smith- Yes Ullman- Yes
O’Halloran- Abstain Rominger- Yes
Ricks- Absent Tapper- Yes
Kawalchuk- Abstain Dunn(alt.)- Not required to participate
PUBLIC HEARING
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. He explained that Lot #17 of Section 3 of the Mountain View Stables Subdivision needed to be slightly revised to allow access to his remaining lands of +/- 127 acres that he has always intended to subdivide. This was the only change and it was extremely minor.
Chairman Tapper opened the Hearing to the Public.
Neighbor, Joel Kaminski spoke in favor of the lot line adjustment.
PUBLIC HEARING
JEROME FERRO (cont’d) – Mt. View Stables, Lot line adjustment on Lot 17, Peninsula Lane, Tax Map # 77.1-4-17
Mr. O’Halloran motioned to close the Public Hearing. Seconded by Mr. Smith.
Vote:
Smith- Yes Ullman- Yes
O’Halloran- Yes Rominger- Yes
Ricks- Absent Tapper- Yes
Kawalchuk- Yes Dunn(alt.)- Not required to participate
Mr. Rominger motioned for an Unlisted Action under SEQRA with an Uncoordinated Review. Seconded by Mr. O’Halloran.
Vote:
Smith- Yes Ullman- Yes
O’Halloran- Yes Rominger- Yes
Ricks- Absent Tapper- Yes
Kawalchuk- Yes Dunn(alt.)- Not required to participate
The Board reviewed Part 2 of the Short EAF. There were no impacts to the environment noted. Chairman Tapper motioned to accept Part 2 as just prepared. Mr. Ullman seconded the motion.
Smith- Yes Ullman- Yes
O’Halloran- Yes Rominger- Yes
Ricks- Absent Tapper- Yes
Kawalchuk- Yes Dunn(alt.)- Not required to participate
Mr. Ullman motioned for a Negative Declaration under SEQRA based on Part 2 as noted above. Seconded by Mr. Smith.
Vote:
Smith- Yes Ullman- Yes
O’Halloran- Yes Rominger- Yes
Ricks- Absent Tapper- Yes
Kawalchuk- Yes Dunn(alt.)- Not required to participate
Mr. O’Halloran motioned for Conditional Preliminary Approval. Seconded by Chairman Tapper.
Vote:
Smith- Yes Ullman- Yes
O’Halloran- Yes Rominger- Yes
Ricks- Absent Tapper- Yes
Kawalchuk- Yes Dunn(alt.)- Not required to participate
Mr. O’Halloran motioned for Conditional Final Approval with the conditions of filing the maps within 60 days of the Chairman’s signature and returning 3 copies to the Town within 30 days of filing the maps with the County. Seconded by Mr. Rominger.
Vote:
Smith- Yes Ullman- Yes
O’Halloran- Yes Rominger- Yes
Ricks- Absent Tapper- Yes
Kawalchuk- Yes Dunn(alt.)- Not required to participate
NEW APPLICATION PRESENTATION
ROEHM c/o MARY COLLINS- subdivision approval for lot line adjustment in existing subdivision, Berme Road, 77.2-3-1.100, R-1, ‘F’ Zones
Mrs. Collins was present on behalf of the application. She noted that the reason for the lot line adjustment is to give the buyer of Mrs. Roehm’s adjoining parcel frontage on the Rondout Creek. The property on the other side of the Rondout is Camp Epworth.
Mr. O’Halloran questioned if lot 1 would have its own well.
Mrs. Collins replied that it would. There is plenty of land to build a house. Currently lot 1 is vacant.
The Board felt that they wanted to see lot 1 have the septic and house location removed. When the Planning Board originally approved this subdivision in 1997, there were no home sites or septic locations. They didn’t want to confuse things or approve any thing other than a lot line adjustment in a previously reviewed and approved subdivision.
Mr. O’Halloran motioned to schedule the Public Hearing for the June 17, 2008 meeting. Seconded by Mr. Smith.
Vote:
Smith- Yes Ullman- Yes
O’Halloran- Yes Rominger- Yes
Ricks- Absent Tapper- Yes
Kawalchuk- Yes Dunn(alt.)- Not required to participate
Mr. Rominger motioned for an Unlisted Action with an Uncoordinated Review under SEQRA. Seconded by Mr. O’Halloran.
Vote:
Smith- Yes Ullman- Yes
O’Halloran- Yes Rominger- Yes
Ricks- Absent Tapper- Yes
Kawalchuk- Yes Dunn(alt.)- Not required to participate
ZBA ADVISORY REQUEST
MAREN LINDSTROM & DENNIS LAVALEE–
473 Upper Cherrytown Road, 30.8’ Area Variance for side yard setback for existing dwelling, 30.8’ Area Variance for side yard setback for addition, Tax Map #59.000-2-28.1, ‘A’ District
The applicants were not present to discuss their ZBA Advisory Request.
Chairman Tapper went over the circumstances for this application being that when the applicant’s bought their house in 2002 it had a survey done and it showed the house being +/-60’ to +/-70’ off of the southern side yard. Since then they have recently had another survey done as they were proposing to do an addition and the new survey actually shows the house sitting +/-9.2’ off of that side yard property line.
ZBA ADVISORY REQUEST
MAREN LINDSTROM & DENNIS LAVALEE–
473 Upper Cherrytown Road, 30.8’ Area Variance for side yard setback for existing dwelling, 30.8’ Area Variance for side yard setback for addition, Tax Map #59.000-2-28.1, ‘A’ District
The Board members discussed the situation and were disappointed that the applicants were not present to answer any questions about the property. Some members couldn’t believe the amount of error in the survey, but thought that the applicants should have been a little more aware of the distance from their property line to the house. Other members felt that this was an error in professional services and that the applicant should be given the variance, also considering the remoteness of the property to neighbors.
Chairman Tapper motioned for a favorable recommendation for the variance to the ZBA. Seconded by Mr. Kawalchuk.
Vote:
Smith- Yes Ullman- No
O’Halloran- No Rominger- No
Ricks- Absent Tapper- Yes
Kawalchuk- Yes Dunn(alt.)- Not required to participate
OTHER MATTERS
Chairman Tapper noted that he had spoken with the Supervisor and part of NY State Law 662 on Trainings for Board members, the Town Board is the Board that determines what constitutes a training and what doesn’t. This was always up to the Chairman of the individual Board’s in the past, but now it is up to the discretion of the Town Board. He also is getting a clarification from the Town Attorney on the role of the Alternate to the Board. This has been a note of contention in the last couple of years, and he wanted to get it straightened out.
Mr. O’Halloran noted that as a past Alternate, that they should be more involved. This also gives a little more sense of freedom to regular Board members should they need to miss a meeting.
ACTION ON MINUTES
Chairman Tapper motioned to accept the minutes from the March 18, 2008 and April 15, 2008 meetings and to table the March 25, 2008 minutes until the Board members re-read them. Seconded by Mr. Ullman.
Vote:
Smith- Yes Ullman- Yes
O’Halloran- Yes Rominger- Yes
Ricks- Absent Tapper- Yes
Kawalchuk- Yes Dunn(alt.)- Not required to participate
Mr. O’Halloran motioned to adjourn the meeting. Seconded by Chairman Tapper. All members present in favor.
As there was no further business, at 8:15PM, Chairman Tapper adjourned the meeting.
Respectfully submitted,
Rebecca Paddock Stange, Secretary