Planning Board Minutes March 17, 2009

MINUTES OF  March 17, 2009 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                              Anthony Ullman (excused)
        Leon Smith                                                      Shane Ricks, Vice Chair
        Michael Baden                                           Robert Rominger
        Anthony Kawalchuck                                              
        Malena Callan, Alternate                                                                                                                                                         

 

Pledge to the Flag.
DISCUSSION
MARIETTA HANLEY & CAROLINE CIRAULO–     Site Plan Approval to construct 40’ x 120’ Pavilion, and expand B & B from 5 existing rooms to 8 rooms, Tax Map# 69.4-2-1.320, ‘B’ & ‘F’ District

 

Ms. Hanley was present on behalf of the application along with her intern, Tanya, from SUNY Ulster.

 

Chairman Tapper explained that there were some issues with this application that needed to be cleared up before it could move forward. The first thing was that the application that was submitted to the Planning Board is not the same application that was submitted to the Code Enforcement Office on their Zoning Permit. There was no pavilion applied for with the Code Enforcement Office. The second thing was that this application should be split into 2 separate ones. One for the extra rooms and the other for the pavilion. That should be taken up with the Code Enforcement Office as well.

 

The Secretary confirmed that she had spoken with the Code Enforcement Office and they agreed that they’d be looked at separately.

 

The other matter was the discrepancy between the Town’s Zoning Code allowing a B & B to go up to 8 rooms at the Board’s discretion and the NYS Building Code’s definition of a B & B being no more than 5 rooms. The Town Attorney was consulted and they are two separate ordinances and they do not conflict with each other. While the Planning Board is looking at this application from a Zoning standpoint- they are within the law to consider the 8 rooms for the B & B. As the NYS Building Code doesn’t allow for a B & B to go over 5 rooms, the applicant was advised by the Town Attorney to consult with the Code Enforcement Office to see what State Building Codes they would be required to adhere to. The Chairman continued to note that the application was not circulated under SEQRA because the application still had too many questions and wasn’t complete. The project will be classified as a Type 1 because the property is listed on the National Register of Historic Places.

 

Mr. Baden questioned if the applicant just applied for the pavilion and it was viewed as an accessory, would it still be considered a Type 1 Action because it wasn’t part of the actual historic structure?

 

Mrs. Paddock Stange, Secretary stated that it would still be considered a Type 1 Action because anything contiguous to an historic property is a Type 1 Action.
DISCUSSION
MARIETTA HANLEY & CAROLINE CIRAULO (cont’d)–    Site Plan Approval to construct 40’ x 120’ Pavilion, and expand B & B from 5 existing rooms to 8 rooms, Tax Map# 69.4-2-1.320, ‘B’ & ‘F’ District

 

Mr. Baden agreed that splitting the application into two separate ones made sense. If the applicant goes to the Code Enforcement Office and finds out that she’ll need to do considerable structural improvements or install sprinklers to add the bedrooms, she may just want to do the pavilion.

 

Mrs. Hanley understood what her next steps were and would get back to the Board on how she would proceed.

 

NEW ALTERNATE
The Chairman introduced the Board’s newly appointed Alternate, Malena Callan to the rest of the members. He suggested that she attend meetings regularly to keep up with applications should she be needed to participate.

 

Mrs. Callan noted that she would do that.

 

OTHER MATTERS
MOMBACCUS EXCAVATING, INC.–     discussion on Lead Agency for a Blue Stone Mine, off of Amanda Drive

 

Chairman Tapper noted that the DEC Commissioner made determination that DEC Region 3 should have Lead Agency Status. If Mombaccus gets approval for mining they’ll need to come to the Planning Board for a Special Use Permit where the PB can monitor hours of operation and truck traffic and such things that will be reviewed under Zoning. Also under Zoning, there is a provision where the PB can hold a Public Hearing in conjunction with DEC review. Under Section 140-36I.2(c.):
In addition, upon receipt of a notice from the NYSDEC of an application for a permit to mine in excess of 1,000 tons per year, such notice shall be referred to the Town Planning Board who shall conduct public hearing(s), concurrent with or separate from its special permit proceedings, to make determinations and recommendations to the NYSDEC for incorporation in such mining permit with regard to:
[1] Setbacks from property lines and road rights-of-way;
[2] Barriers designed to restrict access;
[3] Dust control;
[4] Hours of operation; and
[5] Whether mining is prohibited by zoning at the location. See Correspondence.

 

Mr. Baden noted that they could send comments to the NYSDEC, but if they were to do that they should find out if any additional information has come in since last September. They can request in their letter that the PB, as an involved agency, that the PB be copied on any new information and at some point will need a Public Hearing. He felt that they should get more specific in their comments as they have been pretty broad covering general areas so far.

 

Mr. Kawalchuk questioned if the Planning Board had to hold this Public Hearing before they even applied to the Town?
OTHER MATTERS
MOMBACCUS EXCAVATING, INC (cont’d)–     discussion on Lead Agency for a Blue Stone Mine, off of Amanda Drive

 

Mr. Baden re-read Section 140-36I.2(c) and noted that it does say ‘shall’. He continued to note that it is fairly limited as to what the public can comment on. When they do have the Public Hearing they should quote the law so that people know what the PB’s parameters are.

 

Mr. Baden stated that the truck routes come under the Board’s Special Use Permit application. Under the Public Hearing that they are discussing, it is regarding the DEC portion of the application.

 

Chairman Tapper noted that the law doesn’t say whether the application needs to be determined as complete by the DEC to hold this Public Hearing.

 

Mr. Baden noted that whether an application is complete is confusing. Is it complete under SEQRA guidelines or DEC guidelines?

 

Chairman Tapper felt that there was nothing more the Board could do until they got a notice of complete application from the DEC.

 

DISCUSSION
LEAD AGENCY COORDINATION REQUEST -for Consolidation of the Mombaccus Excavating and Rochester Center Mines, DEC #: 3-5144-00083-00001, MLR# (30496).

 

Chairman Tapper noted that in between all of the DEC correspondence for the Amanda Drive Mombaccus Mine application, the PB office received a Lead Agency Coordination request for the consolidation of the Mombaccus Excavating and Rochester Center Mines. Both are existing mines on Rochester Center Road.

 

Mr. Baden noted that the DEC is asking 3 separate questions and they should be addressed as such.

 

Chairman Tapper didn’t think that after they were just denied Lead Agency for the Amanda Drive Mine- which was a much smaller project at +/-9.5 acres and this one is +/-101 acres- that the PB should try and go after it again.

 

Mr. Baden agreed.

 

Mr. Baden suggested having a workshop meeting to put a letter together to respond to the Lead Agency request and also to ask for an extension since the PB just received the packet from the DEC on this date.

 

Mr. Smith felt that some of the Board’s concerns would be able to be discussed during the Board’s application process when a Special Use Permit will need to be applied for.

 

Mr. Baden agreed, but thought that maybe the Board could look at the information that the DEC has on file now and comment on areas of the DEC’s review as well. It’s possible that the DEC could finish their review and the Board might not even have a Special Use Permit application yet. He also noted that nothing could stop the Board from submitting comments to the DEC at any time.

 

DISCUSSION
LEAD AGENCY COORDINATION REQUEST(cont’d) -for Consolidation of the Mombaccus Excavating and Rochester Center Mines, DEC #: 3-5144-00083-00001, MLR# (30496).

 

Mr. Baden motioned to respond to the DEC’s Lead Agency Coordination Request stating the jurisdiction being the Town requiring a Special Use Permit and that the PB does not intend to seek Lead Agency.

 

Discussion:
Mr. Baden didn’t feel that they could get their comments in within the 30 day time period and that the PB would need a special meeting for this. They should review the material and verify that a Zoning Permit and Special Use Permit are required. They should also have the Secretary verify that these parcels are in an R-1 District.

 

Mr. Smith stated that the letter can say that the Board would add issues of concern at a later date as we review the material.

 

Mr. Baden motioned to send a letter to the DEC in response to their Lead Agency Coordination Request
Stating that the jurisdiction is that mining is allowed in an R-1 District with the issuance of a Special Use Permit by the Planning Board and that the PB is not seeking Lead Agency and further that the PB will submit issues of concern at a later date. Seconded by Chairman Tapper.
Vote:
Tapper, Chairman-       Yes                             Ricks, VC-              Absent                          
Kawalchuk-              Yes                             Smith-          Yes                     
Ullman-         Absent                  Rominger-               Absent
Dunn(alt.)-             Absent                  Baden-          Yes

 

ACTION ON MINUTES       

 

The minutes were tabled until the next meeting.

 

OTHER MATTERS
Mr. Baden reported on a Round Table Session of training that he had attended that the County put Planning Board put on.

 

ADJOURNMENT

 

Chairman Tapper motioned to adjourn, seconded by Mr. Smith. No discussion. All members present in favor.

 

As there was no further business, at  7:40, Chairman Tapper adjourned the meeting.
                                                                        
                                                        Respectfully submitted,
                                                        Rebecca Paddock Stange, Secretary