Planning Board Minutes April 2010

MINUTES OF April 20, 2010 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                      Malena Calan (alt.)     
Anthony Ullman                                          Shane Ricks, Vice Chairman                              
Anthony Kawalchuk               
Michael Baden                                                                                   
Robert Rominger                                                 
        Leon Smith
        
                                                                                                        
Also present was Town Planner, Tim Moot, from Clark Patterson Lee.
Pledge to the Flag.
LOT LINE IMPROVEMENT
DEBORAH & CHRISTOPHER HITZ- Lot Line Improvement as per 125-18 of the Town of Rochester Subdivision Regulations, Samsonville Road, Solveig Lane (private road), R-5 Zoning District, Tax Map #’s 60.1-1-28 & 58.110.
After discussions with the applicant by the Code Enforcement Office and Planning Board Office, applicant was instructed by the Code Enforcement Officer to revise previously submitted maps to reflect the actual action that they are proposing which is a Lot Line Adjustment (or Improvement) and not a subdivision as was previously applied for
The Chairman noted that applicants own 2 contiguous lots. One is +/-1 acre and the other is +/- 27 acres. Applicants wish to combine the 1 acre parcel with portions of the +/- 27 acre parcel making a large lot line revision where the parcels will now be: Lot 1: +/- 13.147 Acres and Lot 2: +/- 15.777 Acres. The Lots will be divided by the Mettacahonts Stream. Under our new Subdivision Regulations there is a provision that this type of a situation falls under. Which is 125-18 of the Subd. Regs. The applicant does not need to submit an application or an EAF to the Board and there is no Public Hearing.   
Mr. Baden checked the language that was inserted on the map as per section 125-18C. “These plans are acknowledged by the Town of Rochester, and for recording purposes only, to represent an exempt lot improvement in accordance with Section 125-18 of the Town of Rochester Subdivision Regulations. No subdivision approval is required or given.” The language on the plans was correct.
Chairman Tapper noted that in this lot line improvement the Board didn’t need to consider the use of Solveig Lane as a driveway or the fact that it was a private road.
Mr. Baden agreed stating that they didn’t have to consider it because it was the existing access to the one acre parcel.
LOT LINE IMPROVEMENT
DEBORAH & CHRISTOPHER HITZ (cont’d)- Lot Line Improvement as per 125-18 of the Town of Rochester Subdivision Regulations, Samsonville Road, Solveig Lane (private road), R-5 Zoning District, Tax Map #’s 60.1-1-28 & 58.110.
Mr. Rominger motioned to approve the lot line adjustment. Seconded by Mr. Smith. No discussion.
Vote:
Tapper:         Yes                                     Ricks:  Absent
Smith:  Yes                                     Kawalchuk:      Yes
Ullman: Absent                          Rominger:       Yes
Baden:  Yes                                     Calan, Alt:     Absent (not required to participate)
Motion carried.
CONTINUED APPLICATION REVIEW
SIBYLLE JUD & PAUL LICHTENBERG- Home Occupation for Yoga Studio, Class III Special Use Permit, Tow Path Road, Tax Map#77.1-3-24.211, AR-3 District
Ms. Jud was present on behalf of her application along with Engineer, Barry Medenbach.
Chairman Tapper noted that the applicant has submitted revised maps showing everything existing and proposed including parking. They also reduced the size of the proposed studio to 750 sf to conform to the requirements of a Home Occupation Class III, which now means this application is being reviewed as a Special Use Permit and not Site Plan Approval. The revised septic notations in red ink were done by the applicant’s architect?
Ms. Jud replied yes.
Mr. Medenbach noted that he evaluated the site for the existing septic and found that it didn’t need another tank, so they had Mr. Brinnier, Architect take that off of the plans. He also submitted a letter stating that the existing system was adequate for the proposed additional use. He checked the site over and made sure the system was functioning properly.
Chairman Tapper questioned if the applicant had taken the proposed landscaping off of the plan and now the plan reflected exactly what was being applied for?
Ms. Jud answered yes.
Mr. Medenbach noted that there was nice existing landscaping at the site.
Mr. Baden stated that he had a revision he’d like to make on procedure. The Board had previously typed this action as Unlisted, but after looking further into SEQRA he noted that it falls under the Type 2 thresholds.
CONTINUED APPLICATION REVIEW
SIBYLLE JUD & PAUL LICHTENBERG (cont’d)-        Home Occupation for Yoga Studio, Class III Special Use Permit, Tow Path Road, Tax Map#77.1-3-24.211, AR-3 District
Mr. Baden motioned to reclassify this action as a Type 2 under SEQRA as it is a non residential project under 4,000 sf and therefore no further SEQRA Action would be necessary. Mr. Smith seconded the motion. No discussion.
Vote:
Tapper:         Yes                                     Ricks:  Absent
Smith:  Yes                                     Kawalchuk:      Yes
Ullman: Absent                          Rominger:       Yes
Baden:  Yes                                     Calan, Alt:     Absent (not required to participate)
Motion carried.
Mr. Rominger set the application for a Public Hearing for the May meeting. Seconded by Mr. Ullman. No discussion.
Vote:
Tapper:         Yes                                     Ricks:  Absent
Smith:  Yes                                     Kawalchuk:      Yes
Ullman: Absent                          Rominger:       Yes
Baden:  Yes                                     Calan, Alt:     Absent (not required to participate)
Motion carried.
Mr. Baden motioned to send this to the County Planning Board, as it is contiguous to a County Ag District. Seconded by Chairman Tapper. No discussion.
Vote:
Tapper:         Yes                                     Ricks:  Absent
Smith:  Yes                                     Kawalchuk:      Yes
Ullman: Absent                          Rominger:       Yes
Baden:  Yes                                     Calan, Alt:     Absent (not required to participate)
Motion carried.
CONTINUED APPLICATION REVIEW
MICHAEL HERZOG– Subdivision Approval for 3 lots, Stony Kill Road, Tax Map#76.4-3-5, R-2
    District
Mr. Herzog was present on behalf of his application.
Chairman Tapper noted that Mr. Herzog sited the driveway and houses on the opposite side of the road as requested at the last meeting.
Mr. Moot, Town Planner, noted that the applicant had called him to discuss his last comment letter and they moved the location of the proposed driveway for the back lot and Mr. Herzog received driveway placement approval for the location from the Highway Superintendent.
CONTINUED APPLICATION REVIEW
MICHAEL HERZOG (cont’d)– Subdivision Approval for 3 lots, Stony Kill Road, Tax Map#76.4-3-5, R-2 District
There was a discussion regarding the right of way to lot #2. Mr. Moot believed that the Code specified that the access to lot #2 should be achieved by ownership of the proposed access by lot #2 over lot #3 to Stony Kill Road. This would make the configuration and placement of the access create unusable land near lot #1.
The Board discussed this and decided that this situation didn’t fall into that necessity. They also agreed that the Code should be looked at in regards to this section because it was a bit ambiguous, but that in this case a right of way giving access to lot #2 over lot #3 was correct.
Chairman Tapper questioned if the Board should request a building site and septic location for lot #2 as it was vacant, unlike the other two lots in this application. The Board should request this to show that the site is not unbuildable and it will be able to support a dwelling somewhere on the parcel.
Mr. Herzog noted that it was a +/- 8 acre parcel. For a parcel that size he still needed to show a house site? Surely somewhere on 8 acres of land would be adequate for a home site.
Mr. Baden noted that just from looking at the plan you couldn’t tell that. This was proof for the Board in their approval process that they were approving a buildable lot. They weren’t saying that Health Dept. Approval would be required, but to have a house sited with a well and septic and a certification from an engineer that this was feasible would be adequate for the Board.
Mr. Herzog didn’t want to limit himself to the building area. Did this mean that they couldn’t site a house in another location on the parcel in the future?
The Board explained that when someone went to build a home on that site in the future, part of the building permit process would be to get Health Dept. Approval and that would basically dictate the house location. Siting it on the plan was just for the reference of the Board that this was a buildable lot.
Chairman Tapper noted that Mr. Herzog needed to do the following things to be considered for a Public Hearing in May:
1.      show a building envelope on the plan and get letter from engineer verifying.
2.      take off, “preliminary location” in regards to the right of way
3.      show table on plan showing existing acreage of each lot and proposed
4.      change plan title from a 2 to a 3 lot subdivision.
5.      remaining parcel should be identified.
6.      EAF needs to be revised as per Mr. Moots comment letter dated 4-20-10.
CONTINUED APPLICATION REVIEW
MICHAEL HERZOG (cont’d)– Subdivision Approval for 3 lots, Stony Kill Road, Tax Map#76.4-3-5, R-2 District
Mr. Baden motioned for an Unlisted Action under SEQRA. Seconded by Mr. Ullman. No discussion.
Vote:
Tapper:         Yes                                     Ricks:  Absent
Smith:  Yes                                     Kawalchuk:      Yes
Ullman: Absent                          Rominger:       Yes
Baden:  Yes                                     Calan, Alt:     Absent (not required to participate)
Motion carried.
Chairman Tapper motioned to schedule the Public Hearing for this application pending the revisions received by May 5th. Seconded by Mr. Baden. No discussion.
Vote:
Tapper:         Yes                                     Ricks:  Absent
Smith:  Yes                                     Kawalchuk:      Yes
Ullman: Absent                          Rominger:       Yes
Baden:  Yes                                     Calan, Alt:     Absent (not required to participate)
Motion carried.
CONTINUED APPLICATION REVIEW
BELLIMAN RETAIL- c/o Alan Madnick, Conversion of warehouse and existing retail showroom area to “Retail and Service Establishment (non auto)”, Tax Map #77.1-1-24.131, ‘B’ District
Mr. Medenbach was present on behalf of this application. He noted that he spoke to Dave Corrigan of the NYS DOT in regards to the existing access and Mr. Corrigan stated that the request of comments for the adequacy of the existing access in regards to the proposed use needed to come from the Planning Board directed to their Poughkeepsie Office. They definitely wouldn’t be requesting a traffic study like they had noted they would for the auction and flea market that was previously proposed. Mr. Medenbach  also submitted photos of the existing sign as previously requested by the Board. They received Mr. Moot’s comment letter dated 4-20-10 and they revised the EAF accordingly.
 Mr. Moot noted that the application and EAF should reflect any revisions made to the parking.
Mr. Medenbach noted that the new parking spaces would be gravel and the aisle would be paved.
Mr. Moot questioned what the stormwater controls would be?
Mr. Medenbach noted that it would be sheet run off.
Mr. Baden didn’t think that they needed to show where the retail area was. They based the amount of retail space off of the amount of parking that they can do. It comes out to 5,950 sf.
Mr. Moot noted that if the warehouse were to be improved to retail that it would need to be up to Code.
Mr. Medenbach noted that was a Building Dept. issue.
CONTINUED APPLICATION REVIEW
BELLIMAN RETAIL(cont’d)- c/o Alan Madnick, Conversion of warehouse and existing retail showroom area to “Retail and Service Establishment (non auto)”, Tax Map #77.1-1-24.131, ‘B’ District
Mr. Moot noted that if the Board wasn’t concerned with this they could strike it from the comment letter.
Mr. Medenbach noted that they were requesting a waiver for the aisle width to be 24’ instead of the required 25’.
Mr. Baden noted that the plan references 18 new parking spaces, but he only counts 17.
Mr. Medenbach showed where the other space was.
Mr. Baden agreed.
Mr. Baden also understood the request for the reduction in the aisle width from 25’ to 24’ due to the wetlands on the property. The applicant needs to request this waiver in writing.
Mr. Medenbach agreed and would submit it.
Mr. Moot noted that lighting details needed to be given. There were no lighting contours as requested in the code.
Mr. Baden noted that the County wanted to see cut off sheets with specs of the down shielded lighting.
Mr. Medenbach  would supply this.
Mr. Moot questioned if the Army Corps of Engineers (ACOE) have responded yet regarding the wetland?
Mr. Medenbach noted that they have not. Because there is no disturbance to it the ACOE doesn’t see these types of applications as priorities and they respond in their own time. He wouldn’t be able to get the ACOE  to sign off  on the delineation of the wetland before approvals of this project. They have someone on their staff that is trained in wetlands and delineation. He did the work on the plans and flagged their location. He was trained at Rutgers.
The Board discussed this and decided that if Mr. Medenbach submitted this individual’s credentials, they would use this as their documentation.
Mr. Medenbach questioned why this wasn’t a Type 2 Action as it had less than 4,000 sf of new construction.
Mr. Baden noted that the wording says, “gross floor area”. Also with the fact of the proximity to the wetlands this should remain as an Unlisted Action.
CONTINUED APPLICATION REVIEW
BELLIMAN RETAIL(cont’d)- c/o Alan Madnick, Conversion of warehouse and existing retail showroom area to “Retail and Service Establishment (non auto)”, Tax Map #77.1-1-24.131, ‘B’ District
Mr. Baden motioned to send this application to the UCPB as it is on Route 209 pending revisions received by the PB Office by Thursday, April 22nd. Seconded by Mr. Smith. No discussion.
Vote:
Tapper:         Yes                                     Ricks:  Absent
Smith:  Yes                                     Kawalchuk:      Yes
Ullman: Absent                          Rominger:       Yes
Baden:  Yes                                     Calan, Alt:     Absent (not required to participate)
Motion carried.
Mr. Smith motioned to schedule the Public Hearing for May pending the cut off for the County Planning Board for their May meeting. Seconded by Mr. Rominger. No discussion.
Vote:
Tapper:         Yes                                     Ricks:  Absent
Smith:  Yes                                     Kawalchuk:      Yes
Ullman: Absent                          Rominger:       Yes
Baden:  Yes                                     Calan, Alt:     Absent (not required to participate)
Motion carried.
NEW APPLICATION PRESENTATION
10P5C- c/o Colin Houston, PLS, 2 lot subdivision, Project 32 Road, Tax Map # 76.4-3-15.115, R-5 District
Colin Houston was present on behalf of this application.
Chairman Tapper noted that this subdivision was approved in December of 2009 by the Board. The applicant failed to file the signed maps with County Clerk within 60 days of Chairman’s signature. The process is that the applicant needs to re-apply and the Board needs to go through the process again. The Board has everything they need and because this was formally approved, it should be able to go quickly through the process. Since the application was approved, Zoning Changed and applicant is now in an R-5 District, therefore they had to change the maps to conform to the 5 acre zoning.
Mr. Baden motioned for an Unlisted Action under SEQRA and declared the TORPB as Lead Agency. Seconded by Chairman Tapper. No discussion.
Vote:
Tapper:         Yes                                     Ricks:  Absent
Smith:  Yes                                     Kawalchuk:      Yes
Ullman: Absent                          Rominger:       Yes
Baden:  Yes                                     Calan, Alt:     Absent (not required to participate)
Motion carried.
NEW APPLICATION PRESENTATION
10P5C (con’td)- c/o Colin Houston, PLS, 2 lot subdivision, Project 32 Road, Tax Map # 76.4-3-15.115, R-5 District
Mr. Baden noted that the Board could do Part 2 of the EAF now as a determination of significance is supposed to happen prior to the Public Hearing in subdivisions.
The Board discussed maybe coming back to it if they had time later in the meeting.
Chairman Tapper motioned to schedule the Public Hearing for the May meeting. Seconded by Mr. Smith. No discussion.
Vote:
Tapper:         Yes                                     Ricks:  Absent
Smith:  Yes                                     Kawalchuk:      Yes
Ullman: Absent                          Rominger:       Yes
Baden:  Yes                                     Calan, Alt:     Absent (not required to participate)
Motion carried.
PRE-APPLICATION PRESENTATION
Ian Read–  3 lot subdivision off of NYS Route 209, B District, Tax Map # 69.3-3-27
Chairman Tapper noted that this property was in front of the Board a few years ago for a Pre-application discussion under a different owner for a similar request. The issue the Board found at that time was with the access being directly next to another access  on Route 209. At the time the Board advised the applicant to contact NYS DOT to see if they would allow it. The applicant never pursued the application.
Mr. Reed was present on behalf of his application and noted that he did speak with someone from DOT at the site and they didn’t have a problem with it. They requested a paved apron out onto Route 209.
Mr. Baden questioned if the applicant considered tapping into the existing private right of way that was right next to this proposed access on Pine Ridge Lane? Under 140-17G of the Town Code it says in regards to access that landowners are encouraged to share access with neighbors. The applicant would need to show that he pursued this and if the neighbor denies he should show documentation of this for the PB records.
Mr. Smith questioned if that would affect the existing subdivision that Pine Ridge Lane accesses?
The Board agreed that Mr. Reed should research the Planning Board records of that subdivision to see if there are any stipulations or notes on the plan regarding this.
Mr. Baden noted that under our current planner thresholds that this application would need Planner review as it contains one or more lots less than 4 acres. (There was a +/- 5 acre lot and there were two +/- 3 acre lots proposed.) The applicant would be required to set up an escrow account to pay for the review.
ACTION ON MINUTES
Mr. Baden motioned to accept the March 16, 2010 minutes. Seconded by Mr. Smith. No discussion.
Vote:
Tapper:         Yes                                     Ricks:  Absent
Smith:  Yes                                     Kawalchuk:      Yes
Ullman: Absent                          Rominger:       Yes
Baden:  Yes                                     Calan, Alt:     Absent (not required to participate)
Motion carried.
OTHER MATTERS
PLANNER THRESHOLDS and DEADLINES
Chairman Tapper questioned if Mr. Moot split his time between applicants at meetings if he was at a meeting where he reviewed two or more applications?
Mr. Moot noted that he starts charging for time about a half an hour out. He lives in Hurley, so instead of charging from Newburgh where the office is, he charges from his house.
Chairman Tapper was just curious because the Board was trying to see if it was beneficial to have him at every meeting. He spoke with the Supervisor regarding this, and the Town probably wouldn’t approve it because it could get costly.
Mr. Moot noted that he feels that the Board really benefits from his site visits and having him bring that information back to the Board. It is so hard to get a really good idea of things just from looking at a plan. Like the Herzog subdivision. They were able to shift the driveway location away from the rock outcropping a little more.  
The Board discussed this further. It was noted by the Secretary that she has had a hard time on the initial submittal by applicants who need Planner review. It is very rushed and the Planner has to look at the application to give an estimate for escrow and then we have to have that money from the applicant before the Planner can review the application, so the Planner is very rushed on timelines. She suggested that all applications are reviewed once by the Board even if they do need Planner review. It would give the Board a chance as well to give it an initial review and point out any thing that they’d like the see different. It would be like sending a more complete application to the Planner. This could cut down on cost to the applicant as well. The Board agreed that this could be a way to make things go smoother.
Chairman Tapper noted that he would be making a presentation to the Town Board at their April 29thmeeting in regards to changing the Planner thresholds.
PROPOSED SUBDIVISION APPLICATION
Mr. Baden discussed the new application packet that he has been working on. He brought a draft of it to the PB Secretary and she read it over and asked for additions or clarifications where she thought they might be beneficial. There are 3 separate applications. One for Minor, one for Major, and one for Conservation Subdivisions. They are specific on what they need submitted and they have a comprehensive reference tool list for different agencies where applicants may need to seek further information.
The Chairman decided to have the Board Members look it over and they would revisit it at the next meeting.
ADJOURNMENT
Mr. Ullman motioned to adjourn, seconded by Chairman Tapper. No discussion. All members present in favor.
As there was no further business, at 9:15 PM, Chairman Tapper adjourned the meeting.
                                                                        
Respectfully submitted,
Rebecca Paddock Stange, Secretary