MINUTES OF December 15, 2009 Regular MEETING of the Town of Rochester PLANNING BOARD, held at the Town Hall, Accord, NY.
Chairman Tapper called meeting to order at 7:00 PM.
PRESENT: ABSENT:
Melvyn I. Tapper, Chairman Michael Baden
Shane Ricks, Vice Chairman Malena Calan (alt.)
Anthony Kawalchuk Anthony Ullman
Robert Rominger
Leon Smith
Pledge to the Flag.
CONTINUED PUBLIC HEARING
TONON, LLC- c/o Tanya Kefer, Site Plan Approval to enclose existing pavilion located at the Pizza Barn property for personal use health club, Route 209, Tax Map # 76.2-2-49, ‘B’ District
Tanya Kefer was present on behalf of the application.
Chairman Tapper noted that the reason for the continuance of the Public Hearing from last month was because of a question resulting from the Ulster County Planning Board Referral Response. Under “Required Modifications”, it was unclear whether or not this proposed enclosure of the structure will meet the new federal flood plain regulations where structures placed in the flood plains need to be at least 2 feet above the base flood elevation.
Applicant submitted documentation dated November 19, 2009 from Medenbach & Eggers, PE stating that the finished floor elevation of the pavilion is 4’ above the Base Flood Elevation in response to a Required Modification on the Ulster County Planning Board’s Referral Response.
Vice Chairman Ricks was curious what classified this as a “personal use” health club?
Mrs. Kefer responded that because any training or acupuncture would be done by appointment only and would be one on one.
Chairman Tapper noted the previous discussions regarding the need for a bathroom in the health club. Did they determine that would be required? Was this determined by the Building Dept.?
Mrs. Kefer noted that it was a combination of the two.
Mrs. Paddock Stange, Secretary noted that she had received a verbal from Jerry Davis, Code Enforcement Officer regarding the need for one and before the Code Enforcement Office did anything formal in the way of a response, the applicant submitted a floor plan layout to the Planning Board showing the addition of a bathroom, so it wasn’t necessary to follow up with the Code Enforcement Office.
CONTINUED PUBLIC HEARING
TONON, LLC (cont’d): c/o Tanya Kefer, Site Plan Approval to enclose existing pavilion located at the Pizza Barn property for personal use health club, Route 209, Tax Map # 76.2-2-49, ‘B’ District
Mr. Ricks motioned to close the Public Hearing. Seconded by Mr. Smith. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Yes
Ullman: Absent Rominger: Yes
Baden: Absent Calan, Alt: Absent (not required to participate)
At this time the Board reviewed Part 2 of the EAF. Noting no large or important impacts.
Vice Chairman Ricks questioned if the Van Diest residence, which bordered this property was historic?
Mr. Rominger didn’t think so.
Chairman Tapper didn’t recall the Van Diest’s needing anything extra because of an historical status when they applied for their Bed & Breakfast in 2003.
Vice Chairman Ricks still wasn’t sure, but he didn’t think it would ever be a problem even if it was.
Board Members agreed that they weren’t sure of its status.
Mr. Kawalchuk noted that it used to be the Andersen’s house and he used to be friends with who owned it a long time ago and he was confident that there was no State Historic Designation because it had once burnt down and was rebuilt.
Mr. Ricks confirmed that the Andersen’s rebuilt that house.
Mr. Ricks made a motion to accept Part 2 of the EAF as prepared by the Board with no large or important impacts. Mr. Rominger seconded by motion. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Yes
Ullman: Absent Rominger: Yes
Baden: Absent Calan, Alt: Absent (not required to participate)
Mr. Smith motioned for a Negative Declaration under SEQRA. Seconded by Mr. Kawalchuk. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Yes
Ullman: Absent Rominger: Yes
Baden: Absent Calan, Alt: Absent (not required to participate)
CONTINUED PUBLIC HEARING
TONON, LLC (cont’d): c/o Tanya Kefer, Site Plan Approval to enclose existing pavilion located at the Pizza Barn property for personal use health club, Route 209, Tax Map # 76.2-2-49, ‘B’ District
At this time Chairman Tapper handed out draft conditions to the Board Members and the applicant. The Board reviewed these and voted on the following:
Mr. Kawalchuk motioned for Site Plan Approval to Tonon, LLC to enclose existing pavilion located at the Pizza Barn property for personal use health club, Route 209, Tax Map # 76.2-2-49, ‘B’ District. Based 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 October 12, 2009 as prepared by Medenbach & Eggers, PC. Any deviation from said maps shall require Planning Board review.
4. The personal use health club shall not be used for additional restaurant seating or restaurant use.
5. Any expansion or change of use shall be applied for from the Town of Rochester Code Enforcement Office and Planning Board, as required.
6. Copy of Certificate of Occupancy shall be filed with the Planning Board Secretary within 30 days
of receipt.
Motion seconded by Mr. Rominger. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Yes
Ullman: Absent Rominger: Yes
Baden: Absent Calan, Alt: Absent (not required to participate)
CONTINUED PUBLIC HEARING
MOUNTAIN VIEW STABLES, Inc. (Jerome Ferro)- Subdivision Approval for 2 lots in the Mountain View Stables Subdivision, Lucas Avenue, Tax Map # 77.1-2-33.112
Mr. Ferro was present on behalf of his application. Mr. Ferro noted that the last time he was in front of the
Board he had said that he was going to change his original application where he requested breaking a +/- 128
acre lot into 2. One lot being +/- 28 acres and the remaining land being +/- 100 acres. He’s breaking the barns
and the paddocks from vacant land.
Chairman Tapper motioned to close the Public Hearing. Seconded by Mr. Kawalchuk. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Yes
Ullman: Absent Rominger: Yes
Baden: Absent Calan, Alt: Absent (not required to participate)
At this time the Board reviewed Part 2 of the EAF. Noting no large or important impacts.
CONTINUED PUBLIC HEARING
MOUNTAIN VIEW STABLES, Inc. (Jerome Ferro)(cont’d)- Subdivision Approval for 2 lots in the Mountain View Stables Subdivision, Lucas Avenue, Tax Map # 77.1-2-33.112
Mr. Rominger motioned for a Negative Declaration under SEQRA. Seconded by Mr. Kawalchuk. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Yes
Ullman: Absent Rominger: Yes
Baden: Absent Calan, Alt: Absent (not required to participate)
Chairman Tapper handed out copies of draft conditions and facts established at the Public Hearing to the Board Members and the applicant.
Chairman Tapper motioned for Conditional Preliminary Approval with the following facts and conditions, seconded by Mr. Rominger:
Facts established at Public Hearing:
1. Applicant explained that this subdivision is Section 4 of the Mountain View Stables Subdivision.
2. Applicant is breaking a +/- 128 lot into 2 lots. One lot being +/- 28 acres and known as Lot 19 and the other lot being +/- 100 acres and known as “Remaining Lands of Mountain View Stables”.
3. Applicant stated that the purpose of this subdivision is to break the barns and the paddocks from vacant land. The barns and paddocks will be on the +/-28 acre piece (Lot 19) and the +/-100 acres will remain as vacant lands of Mountain View Stables.
4. The access to the +/-28 acre piece (Lot 19) is from DeJager Lane and the access to the +/-100 acres of Remaining Land is off of Peninsula Lane.
5. Peninsula Lane is a private road with an approved Road Maintenance Agreement (RMA) from the Town.
6. The Board noted that there were +/-34 acres of shared wetlands between the proposed +/- 28 acre lot (Lot 19) and the +/-100 acre lot (“Remaining Lands of Mountain View Stables”).
7. This wetland has a current Wetland Boundary Validation from the NYS DEC.
8. Applicant submitted an Agricultural Data Statement certifying that there are no operational farms within 500’ of this property as required by the Ulster County Planning Board in their Referral Response.
9. This application did not meet thresholds for Planner Review.
Conditions:
1. Applicant shall submit 1 Mylar and 10 paper copies of the Final Subdivision Map to the Planning Board Secretary for the Chairman’s signature.
2. Applicant shall file maps with the Ulster County Clerk within 60 days of chairman’s signature and return 3 filed copies to the Town.
No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Yes
Ullman: Absent Rominger: Yes
Baden: Absent Calan, Alt: Absent (not required to participate)
Mr. Rominger motioned for Conditional Final Approval with the same facts and conditions as Conditional Preliminary Approval as previously listed. Seconded by Mr. Kawalchuk. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Yes
Ullman: Absent Rominger: Yes
Baden: Absent Calan, Alt: Absent (not required to participate)
ACTION ON MINUTES
Chairman Tapper motioned to accept the November 17, 2009 Minutes. Seconded by Mr. Smith. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Yes
Ullman: Absent Rominger: Yes
Baden: Absent Calan, Alt: Absent (not required to participate)
OTHER MATTERS
Chairman Tapper noted that the Board has a Home Occupation Site Plan Approval for a yoga studio that should be coming in for January. The applicant was offered the chance to appear at this meeting as a pre-applicant, but declined.
ADJOURNMENT
Mr. Rominger motioned to adjourn, seconded by Mr. Kawalchuk. No discussion. All members present in favor.
As there was no further business, at 7:30 PM, Chairman Tapper adjourned the meeting.
Respectfully submitted,
Rebecca Paddock Stange, Secretary