MINUTES OF August 26, 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:
Melvyn I. Tapper, Chairman Shane Ricks, Vice Chair
Anthony Kawalchuk Don Dunn,Alternate
Anthony Ullman
Robert Rominger
Leon Smith
Michael Baden
Pledge to the Flag.
CONTINUED APPLICATION REVIEW/DECISION
GEORGE & BETTY HAMILTON– Special Use Permit for 2 family dwelling on Hamilton Drive, Tax Map #76.2-2-6.6, ‘F’ District
Mr. Hamilton and Mr. Schade were present on behalf of their application.
Chairman Tapper noted that the Board needed to make a decision for this application. He read the Facts Established at Public Hearing that he prepared as follows:
1. Applicant seeks approval for a 2 family home, to add a 32’ x 28’ addition to an existing 68’ by (variable widths of) 32’ and 24’.
2. Project site is located on Hamilton Drive, Private Road, in an ‘F’ Zoning District.
3. Project is permissible in an ‘F’ Zoning District with a Special Use Permit.
4. Total acreage of lot is +/- 3.284 acres.
5. Septic System will be redesigned to accommodate a 2 family dwelling.
6. Letter dated March 21, 2008 from the Code Enforcement Office addressed to Mary Lou Christiana, Esq., Town Attorney regarding the subdivision, Queens Village Estates II, which this proposed 2 family house is in. Mr. Davis noted that there is a note on the subdivision map that states that “No more than one single family dwelling may be permitted on each lot.” Mrs. Christiana responded to Mr. Davis via email dated May 20, 2008 stating that those notes on the map weren’t required by the Planning Board or by law, but rather they were restrictions placed upon the map by the subdivider. The Town does not have the authority to enforce something like that. While the property owner may be subject to action by the other property owners in the subdivision, so long as the Town’s Zoning Codes allows 2 family residences in the zone, which it does, the Town is not prohibited from issuing the proper permits and certificates, as the Town does not enforce private restrictions.
7. There was no public comment at the Public Hearing.
Chairman Tapper then read draft conditions into the record for the Board’s consideration:
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 received dated July 14, 2008 as prepared by Paul Schade. 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 off street parking provided for 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 Section140-32(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.
CONTINUED APPLICATION REVIEW/DECISION
GEORGE & BETTY HAMILTON (cont’d)– Special Use Permit for 2 family dwelling on Hamilton Drive, Tax Map #76.2-2-6.6, ‘F’ District
Chairman Tapper questioned if the Board had anything else to add?
Mr. Schade noted that he just received Health Dept. approval for the revisions to the system.
The Board stated that it could still be left as a condition.
Based on the above conditions read into the record, Mr. Smith motioned for approval of the Special Use Permit for a 2 family dwelling for George & Betty Hamilton. Motion seconded by Mr. Kawalchuk. No discussion.
Vote:
Tapper, Chairman- Yes Ricks, VC- Absent
Kawalchuk- Yes Smith- Yes
Ullman- Yes Rominger- Yes
Dunn(alt.)- Absent Baden- Abstain
Mr. Rominger motioned for a Negative Declaration seconded by Mr. Ullman. No discussion.
Vote:
Tapper, Chairman- Yes Ricks, VC- Yes
Kawalchuk- Yes Smith- Absent
Ullman- Yes Rominger- Yes
Dunn(alt.)- Absent
CONTINUED APPLICATION REVIEW
10P5C, c/o Colin Houston– PLS, 2 lot subdivision, Project 32 Road, Tax Map # 76.4-3-15.115, R-1 District
Mr. Houston and Mr. Paulson were present on behalf of the application.
Mr. Houston noted that they originally applied for a 4 lot subdivision in 2005. They received Health Dept. Approval on the front 2 lots, but were trying to get around applying for Health Dept. Approval on the back 2 lots because they wouldn’t be developing that property right away. So, they decided to revise their application from a 4 lot subdivision to a 2 lot subdivision.
Chairman Tapper noted that letters from the State regarding historic and archeological sensitive areas is still outstanding. The Board requested this information back in 2007.
Mr. Houston noted that he sent letters out to the State in 2006 but never received a response.
Chairman Tapper advised Mr. Houston to follow up on it.
Mr. Houston noted that the application and EAF have both been revised to show the change from 4 lots to 2.
Chairman Tapper noted that the Board would recirculate their intent to be lead agency to the involved agencies as so much time has lapsed since the applicant has been in.
CONTINUED APPLICATION REVIEW
10P5C, c/o Colin Houston(cont’d)– PLS, 2 lot subdivision, Project 32 Road, Tax Map # 76.4-3-15.115, R-1 District
Mr. Ullman questioned what fence was being put up as reflected on the plan?
Mr. Houston responded that it was a silt fence—part of the erosion sediment control plan.
Mr. Ullman motioned for a Public Hearing at September’s meeting, seconded by Mr. Rominger. No discussion.
Vote:
Tapper, Chairman- Yes Ricks, VC- Absent
Kawalchuk- Yes Smith- Yes
Ullman- Yes Rominger- Yes
Dunn(alt.)- Absent Baden- Yes
NEW APPLICATION PRESENTATION
ELBERT dE JAGER– Special Use Permit for 2 family dwelling at 11 de Jager Lane, Tax Map # 77.1-2-32.100, R-1 District
Mr. de Jager was present on behalf of his application. He explained that this house has been there for a long time and he was seeking to turn it into a two family dwelling. The way things were lately—the taxes and everything, he felt it was advantageous to do this. There would be one dwelling upstairs and one downstairs.
Chairman Tapper questioned if this was off of Lucas Avenue?
Mr. de Jager noted that it was off of Lucas Avenue on de Jager Lane.
Chairman Tapper asked if the Board had any questions for the applicant.
Mr. Smith questioned if there would be separate water for each dwelling?
Mr. de Jager noted that the water would come from the same well, but he’d have 2 water heaters and separate bills that way.
Mr. Rominger questioned if he’d be adding bathrooms?
Mr. de Jager noted that there wouldn’t be any change to the number of bathrooms that currently existed. There would still be two bathrooms.
Mr. Ullman questioned if there would be additional bedrooms?
Mr. de Jager noted that there would not.
Chairman Tapper instructed the applicant to contact the Ulster County Health Dept. to let them know of the change and see if they needed anything from him.
NEW APPLICATION PRESENTATION
ELBERT dE JAGER– Special Use Permit for 2 family dwelling at 11 De Jager Lane, Tax Map # 77.1-2- 32.100, R-1 District
Mr. de Jager noted that there would be not change to the outside of the dwelling. It will be exactly the same. He would print out pictures for the next meeting.
Chairman Tapper reminded the applicant that he would need to contact the Ulster County Health Dept..
Mr. de Jager stated that his would cause a problem. He pumps the tank every two years. The tank was undersized as it was—but he pumped it every two years.
Chairman Tapper explained that it was in the responsibility of the applicant to contact the Ulster County Health Dept. and get a letter stating their position one way or the other to submit to the Board. He would also print out pictures of the dwelling for the next meeting. He also noted that the Board would put a call in to the Ulster County Health Dept. to get a verbal response in general regarding the need for applicant’s to contact them when changing a one family to a two family dwelling.
Chairman Tapper motioned for a Public Hearing for the September meeting, seconded by Mr. Smith. No discussion.
Vote:
Tapper, Chairman- Yes Ricks, VC- Absent
Kawalchuk- Yes Smith- Yes
Ullman- Yes Rominger- Yes
Dunn(alt.)- Absent Baden- Yes
NEW APPLICATION PRESENTATION
RICHARD ALBERT– Special Use Permit for 2 family dwelling at 812 County Route 6, Tax Map #77.2-3-21, R-1 District
Mr. Albert was present on behalf of his application. He noted that he had a single family dwelling with an attached garage and he was seeking to turn the attic in the garage into an apartment.
Chairman Tapper viewed the site plan. The cedar trees bordering the road, were existing?
Mr. Albert answered yes.
Chairman Tapper questioned how far Mr. Albert’s neighbor was on the side of the property with the septic system?
Mr. Albert responded that they were below him, down the road a ways.
Mr. Rominger questioned if there would be any exterior changes?
Mr. Albert noted that there would not be any exterior changes.
Chairman Tapper reiterated from the last applicant who was also applying for a two family dwelling, that the NEW APPLICATION PRESENTATION
RICHARD ALBERT(cont’d)– Special Use Permit for 2 family dwelling at 812 County Route 6, Tax Map #77.2-3- 21, R-1 District
applicant needed to bring in pictures for the Public Hearing and get a letter from the Ulster County Health Dept. signing off on the acceptability of the septic system.
Mr. Baden questioned the parking spaces.
Mr. Albert noted that there would be 2 spaces available per the code.
Mr. Baden motioned for a Public Hearing, seconded by Mr. Ullman. No discussion.
Vote:
Tapper, Chairman- Yes Ricks, VC- Absent
Kawalchuk- Yes Smith- Yes
Ullman- Yes Rominger- Yes
Dunn(alt.)- Absent Baden- Yes
NEW APPLICATION PRESENTATION
MARK RHENBORG & IAN MERKEL– Subdivision Approval for lot line adjustment in Granite Estates Subdivision, Sidney Street & Minnewaska Trail, Tax Map #s84.7-1-19.2 & 17
Mr. Rhenborg was present on behalf of the application noting that Mr. Merkel lives in Arizona and he’d be representing this application for them both. He noted that he and Mr. Merkel are doing a lot line adjustment and part of this is going to remedy a deed gore that was discovered when they surveyed the parcels. It looks like when they did the Granite Estates Subdivision that they messed up a lot line and it is just getting discovered now. So, what they are proposing with the lot line adjustment, will alleviate that deed gore and the new line will follow the natural contour of the land on the northern boundary and gives Mr. Merkel more property as well.
Chairman Tapper confirmed that a deed gore is when there is no known property owner. How could they just give it to each other in doing this lot line adjustment if they didn’t know who it belonged to?
Mr. Rhenborg noted that his surveyor has said that this is the legal way to tackle it and what is proposed will with the natural terrain.
Mr. Ullman questioned what authority the Board had to approve a lot line when no one knew who owned the property in between the two lines that were proposed to be adjusted?
Chairman Tapper noted that the Board would ask the Town Attorney for a legal opinion on that.
Chairman Tapper viewed the original Subdivision map from 1967 that didn’t show this deed gore.
Mr. Rhenborg noted that if you took the actual deed descriptions to these properties, this map (which he submitted with the deed gores) is what is actually shown.
Chairman Tapper questioned a note on the plan: “At the completion of the lot line change, the construction of any driveway leading from the existing terminus of Sidney Street to Minnewaska Trail shall be constructed on
NEW APPLICATION PRESENTATION
MARK RHENBORG & IAN MERKEL(cont’d)– Subdivision Approval for lot line adjustment in Granite Estates Subdivision, Sidney Street & Minnewaska Trail,Tax Map #s84.7-1-19.2 & 17
the Ian Merkel property.” This map that Mr. Rhenborg submitted showed the right-of-way going right through Mr. Rhenborg’s house.
Mr. Rhenborg noted that according to his attorney that is actually a prescriptive easement that is based on use and those existing land owners need to show use—and its not there. There is currently a law suit pending with the people on Sidney Street regarding that right-of-way. He would forward those documents to the Board. The right of way through Mr. Merkel’s property as part of this application is part of the agreement.
Mr. Ullman noted that the Adverse Possession Laws have changed to become a lot more stringent.
Chairman Tapper noted that they would write a letter to the Town Attorney questioning the deed gore and the ability for the Board to change this right-of-way, which is on a filed map.
Mr. Baden suggested having the secretary pull the minutes from the original subdivision to get to the Board members to look through before this application is reviewed further.
Chairman Tapper noted that this application would be put back on the agenda once the Board receives an answer from the Town Attorney.
ACTION ON MINUTES
Chairman Tapper made a motion to accept the July 15, 2008 minutes. Seconded by Mr. Baden. Mr. Baden noted that they should just be clarified to state that the executive session was for the purpose of discussing Planner Review.
Tapper, Chairman- Yes Ricks, VC- Absent
Kawalchuk- Yes Smith- Yes
Ullman- Abstain Rominger- Abstain
Dunn(alt.)- Absent Baden- Yes
OTHER MATTERS
Discussion on Planner Thresholds
Chairman Tapper stated that part of the threshold for Planner Review being a 4 acre lot size could be seen as a punishment or an incentive for creating larger lots. He doesn’t agree with this size threshold. If someone had 5 acres that they wanted to split into 2 lots—it could be a very easy subdivision, but they would need Planner Review because of the lot size. He’d like the Board to consider recommending a revision to lessen the lot size for Planner Review to the Town Board. He thought that maybe 2 acres would be better?
Mr. Kawalchuk agreed that one lot being 4 acres or less as a trigger for Planner Review wasn’t ideal. He felt that 2 lots less than 2 acres should be the trigger.
Chairman Tapper noted that he’d also be willing to make the trigger coincide with the trigger for Planning Board Approval and make it 2 lots less than 2 acres or 5 or more lots.
OTHER MATTERS
Discussion on Planner Thresholds(cont’d)
Mr. Baden agreed that he could see it changed. He’d also like to better define the Special Use Permit/ Site Plan Approval triggers, because sometimes we get applications that do not include buildings at all—and the trigger is based on new construction square footage. He suggested contacting our planner and getting feedback from him as well.
Chairman Tapper requested the Board to think about this for the next meeting and the Board would come up with a formal recommendation to the Town Board.
ADJOURNMENT
Mr. Ullman motioned to adjourn the meeting. Seconded by Mr. Rominger. No discussion. All members present in favor.
As there was no further business, at 8:05PM, Chairman Tapper adjourned the meeting.
Respectfully submitted,
Rebecca Paddock Stange, Secretary