MINUTES OF January 19, 2010 Regular MEETING of the Town of Rochester PLANNING BOARD, held at the Town Hall, Accord, NY.
Vice Chairman Ricks called meeting to order at 7:00 PM.
PRESENT: ABSENT:
Shane Ricks, Vice Chairman Melvyn I. Tapper, Chairman
Anthony Kawalchuk Anthony Ullman
Robert Rominger Michael Baden
Leon Smith
Malena Calan (alt.)
Because Chairman Tapper was not present, Vice Chairman Ricks headed the meeting. Alternate Calan sat on the Board.
Pledge to the Flag.
NEW APPLICATION PRESENTATION
DEBORAH & CHRISTOPHER HITZ– Minor Subdivision Approval, 2 lot subdivision including lot line adjustment, 1079 Samsonville Road, Kerhonkson, Tax Map # 60.1-1-58.110, R-5 Zoning District
Mr. & Mrs. Hitz were present on behalf of their application along with surveyor, Bert Winne.
Mrs. Hitz explained that they have +/-30 acres that they bought about 10 years ago. There is a +/-1 acre land locked parcel that is adjoining their property that they purchased and are deleting the lot line to include it in their property. They have been mowing and maintaining this property. The Mettacahonts Stream divides their property leaving +/-15 acres on one side of the stream which will retain their house and have road frontage on Samsonville and Sundown Roads. The +/-15 acres of vacant land on the other side of the stream is proposed to access Solveig Lane which is a private right of way.
Mr. Hitz didn’t believe that this was a subdivision. He noted that they are essentially starting with two lots—and combining the land locked parcel into half of their land—and therefore will still end up with 2 lots.
Vice Chairman Ricks and the Board didn’t agree noting that it was a subdivision. They were taking +/-30 acres and splitting into two completely different lots and proposing a different access for one of the lots—it’s definitely a subdivision of property.
Vice Chairman Ricks noted that it looks like the biggest question that needs to be answered and straightened out is whether Solveig Lane has a 50’ right of way and whether or not the applicants have the right to use it. The Board needs to see proof that they have 50’ of right of way all the way out to Cherrytown Road.
Mr. Winne noted that he looked into it and it is not a 50’ right of way all the way out to Cherrytown Road. This is a pre-existing right of way and was originally set up to access this land. The original owner had thought about subdividing this +/-15 acres into 4 lots that would access Solveig Lane.
NEW APPLICATION PRESENTATION
DEBORAH & CHRISTOPHER HITZ (cont’d)– Minor Subdivision Approval, 2 lot subdivision including lot line adjustment, 1079 Samsonville Road, Kerhonkson, Tax Map # 60.1-1-58.110, R-5 Zoning District
Vice Chairman Ricks re-iterated that they need to show 50’ of right of way all the way out. The Town does not allow subdivisions off of lesser right of ways.
Mr. Rominger questioned if the applicants knew how narrow the right of way was?
Mr. Winne noted that the right of way width varies – he believed it was 30’, 20’ and down to a described traveled way of 10’.
Vice Chairman Ricks read Chapter 125-22J. of the Town Code:
“All lots shall front on the edge of a public or private road right-of-way (existing or proposed) and the right of-
way of the principal access to any subdivision shall be a minimum of 50 feet in width. However, upon written
request by the subdivider, the Town may grant a waiver from this and other street requirements of this
Law to permit access to no more than two single-family residential lots (or three lots in the case of flag lots)
from a driveway (see examples of shared driveways in picture to right), provided a release has been given the
Town and approved by the Town Board making clear that the Town is exempted from all responsibility for the
maintenance of the same and the lot in question is not capable of being subdivided further or is so restricted. Evidence of satisfactory shared arrangements for ownership and maintenance of the drive shall also be provided in the form of deed covenants. See also § 125-28.R hereof.”
Vice Chairman Ricks noted that it sounded like the next step would be for the applicant to petition the Town Board to essentially get a waiver from the 50’ right of way requirement.
Mr. Rominger questioned how many lots Solveig currently serviced?
Mrs. Hitz believed there were 5 lots all together.
Vice Chairman Ricks noted that the Board should consult with the Town Attorney on this to make sure that this section of law is applicable to this situation. This is a big thing to grant a waiver to. There is a lot of land in this Town in similar situations where they front a pre-existing substandard right of way that is not maintained by the Town. Usually when they see something off of a substandard right of way it’s before the Board for Open Development. The Board has actually denied applications in the past to subdivide off of a pre-existing private right of way that is not 50’.
Mr. Winne noted that he would put a tax map sketch together that shows the parcels that access Solveig Lane.
Vice Chairman Ricks re-capped what would happen next. The applicants should request a waiver in writing as described in 125-22J. Mr. Winne is requested to show Solveig Lane on a Tax Map to show where it meets the Town maintained road and how many lots access it and the Board would consult with the Town Attorney to make get advisement on the requested waiver and if this situation applies to what is listed in Chapter 125-22J.
Mr. Rominger noted that photos may be useful to the Town Board to show the condition and width of the actual road. The actual condition of the road would also be a factor in considering granting a waiver.
NEW APPLICATION PRESENTATION
PAUL LICHTENBERG & SYBILLE JUD, C/O David Lawrence–
Site Plan Approval for a Class II Home Occupancy Permit, 140-19A., for a Yoga Studio, Tow Path Road, Tax Map #77.1-3-24.211, AR-3 District
Mr. Lawrence was present on behalf of the application. He didn’t know a lot of the specifics regarding the proposed business, but the applicants asked him to attend the meeting to get feedback from the Board as they were unable to attend themselves because they were expecting a baby at anytime.
Vice Chairman Ricks noted that under the new Zoning Code that a Class II Home Occupation needed Site Plan Approval.
Mr. Lawrence noted that he hadn’t seen the maps yet, but he was aware that the applicants wanted to tie into the existing septic. It was a large tank- 1,250 gallons. He believed it would be plenty big enough to tie into. Mr. Lawrence had made a reference to a greenhouse on the property.
Vice Chairman Ricks noted that it was not shown on the map. Anything on the property needed to be listed on the plans.
Mr. Smith was concerned with this being listed as a Home Occupation. Could a new structure be considered a Home Occupation?
Vice Chairman Ricks read 140-19A. Class II Home Occupations:
Class II A low-impact home-based business or commercial activity administered or conducted as an accessory use that is clearly secondary to the use as a residential dwelling and does not significantly change the character thereof, involve the use of mechanical equipment other than that customarily used for domestic purposes and involves no retail or services resulting in other than occasional and limited numbers of visitors.
• No more than one on-site employee other than family members residing in the dwelling
• No display or sale of retail goods
• No stockpiling of inventory of a substantial nature
• No equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, detectable in the neighborhood.
• No generation of any solid waste or sewage discharge, in volume or type, not
normally associated with residential use in the neighborhood
• Shall not occupy more than 25% of the habitable floor area of the dwelling or 500 square feet of floor area, whichever is less, regardless whether located in the dwelling or in an accessory structure
• No display or parking of equipment or products, storage of goods or materials or signs visible from outside the building, except for a name or accessory use sign
• No external evidence of the home occupation or alterations inconsistent with the residential use or appearance of the buildings
Mr. Kawalchuk wasn’t comfortable with the law where it indicated that the use has to be “clearly secondary to the use as a residential dwelling…”. How does the Board quantify that? So, would Van Gorder’s Auto Body be a home occupation?
NEW APPLICATION PRESENTATION
PAUL LICHTENBERG & SYBILLE JUD, C/O David Lawrence (cont’d)–
Site Plan Approval for a Class II Home Occupancy Permit, 140-19A., for a Yoga Studio, Tow Path Road, Tax Map #77.1-3-24.211, AR-3 District
Vice Chairman Ricks noted that it wouldn’t. Home Occupations can be in accessory structures provided that they don’t look like a business. Van Gorder’s is obviously a business, so just because there is also a dwelling on that property doesn’t make it a home occupation. This is more for things like accountants and businesses that people could do out of home offices and things like that. It’s a little to no impact type of a business. There are certain standards found in 140-19 of the Town Code that it must meet.
Mr. Kawalchuk noted that there is a size limitation on how much square footage it can be.
Vice Chairman Ricks agreed noting that it says that Class II Home Occupations, “Shall not occupy more than 25% of the habitable floor area of the dwelling or 500 square feet of floor area, whichever is less, regardless whether located in the dwelling or in an accessory structure.”
Mr. Kawalchuk noted that 30’ x 24’ which is proposed already exceeds that threshold.
Vice Chairman Ricks stated that the applicants needed to read and adhere to the guidelines if they are applying for a Home Occupation Class II.
Mr. Rominger wanted to know how many people can fit in the space and if there was enough parking?
Vice Chairman Ricks advised the Board that the Secretary would respond back to the applicants letting them know that they either have to reduce the size of the structure to meet the 500 sf requirement or if they want to talk with the Code Enforcement Office and try and meet the thresholds for a Class III Home Occupation, which would be a Special Use Permit instead of Site Plan Approval and give them 750 sf of space. Either way, they are going to need to reduce the size of their building. They also need to show parking, and lighting and everything that is on the property. They need to show walkways and anything else that is proposed. 7 parking spaces need to be dedicated to the yoga studio and they need to show that they have their own parking for the home.
ACTION ON MINUTES
Vice Chairman Ricks motioned to accept the December 15, 2009 Minutes. Seconded by Mr. Smith. No discussion.
Vote:
Tapper: Absent Ricks: Yes
Smith: Yes Kawalchuk: Yes
Ullman: Absent Rominger: Yes
Baden: Absent Calan, Alt: Yes
OTHER MATTERS
Vice Chairman Ricks noted that it was his understanding that the Belliman/ Madnick application that had recently been withdrawn was coming back before the Board as just “Madnick” being the applicant. They still weren’t sure what type of approval they were going to pursue, but it was going to be general and not specific to an exact use.
Mr. Smith wondered if they would be bound to the new wetland thresholds?
No one was certain, but they would discuss it when they received an application.
ADJOURNMENT
Mr. Smith motioned to adjourn, seconded by Mr. Rominger. No discussion. All members present in favor.
As there was no further business, at 8:00 PM, Vice Chairman Ricks adjourned the meeting.
Respectfully submitted,
Rebecca Paddock Stange, Secretary