Planning Board Minutes July 2010

MINUTES OF JULY 20, 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

Robert Rominger Malena Calan (alt.)

Leon Smith Anthony Ullman

Michael Baden

Also present was Tim Moot, Town Planner from Clark Patterson Lee.

As Chairman Tapper was not present, Vice Chairman Ricks Chaired the Meeting

Pledge to the Flag.

CONTINUED APPLICATION REVIEW

REAL ESCAPES PROPERTY, LLC- c/o Simone Harari, Body of Truth Spa, Special Use Permit as per 140-42 of the Town of Rochester Zoning Ordinance for expansion of existing spa facility to include parking area, gym, additions to main house and office, outdoor event pavilion, and sauna building, Kyserike Road, Tax Map #69.4-2-2, AR-3 District.

Barry Medenbach, Engineer and Curt Sutherland, Architect were present on behalf of the application. Also present was applicant, Simone Harari.

Vice Chairman Ricks noted that he was not in attendance at the June meeting where this application was first presented to the Planning Board. He would get himself caught up at this meeting.

Mr. Medenbach noted that there was quite a bit of correspondence from various agencies since the last meeting.

Mr. Baden suggested to start with the Ulster County Planning Board comments first.

Mr. Medenbach didn’t see a problem with any of the requirements that they had listed. The Health Dept. will need to approve the septic along with the upgrade to the water system as it will need to be fit for public consumption. They are currently dealing with OPRHP in regards to the historic building. They also suggest that the number of special events be limited- they don’t object to that. The Fire Chief will be contacted in regards to the fire safety access. He didn’t feel that these items needed be addressed for the Ulster County PB and have to go back to their Board as these were normal aspects of an application that would be addressed under the Town’s Planning Board’s review.

Mr. Baden is the Town’s representative on the Ulster County Planning Board, so he was in attendance at the meeting where this application was addressed. He noted that several member of the UCPB wanted to vote this application down because of the lack of a shown access to the back buildings or walkways. They felt that the application was severely lacking, however Dennis Doyle of the UCPB talked the members of the UCPB into requesting certain areas of concern be addressed and resubmitted to them. Mr. Baden noted that the TORPB could over rule this and just make sure that everything is addressed and not have to send it back.

CONTINUED APPLICATION REVIEW

REAL ESCAPES PROPERTY, LLC (cont’d): c/o Simone Harari, Body of Truth Spa, Special Use Permit as per 140-42 of the Town of Rochester Zoning Ordinance for expansion of existing spa facility to include parking area, gym, additions to main house and office, outdoor event pavilion, and sauna building, Kyserike Road, Tax Map #69.4-2-2, AR-3 District.

Mr. Medenbach noted that the map just might look too busy, but it’s fairly complete. And if you go to the site, it’s wide open and there is plenty of space for emergency vehicles. They would also have the Fire Chief come out to the site and review the plan and sign off on it.

Vice Chairman Ricks questioned if this application would be ready for a Public Hearing at the August meeting?

Mr. Medenbach noted that there are other agencies that they need to go through—OPRHP wants elevations, which they are going to supply. They don’t have to cooperate with the OPRHP- it is a voluntary thing- they could just take the home off of the National Register of Historic Places and not have to deal with OPRHP, but they would like to work with them and maintain the home’s position on the Register.

Mr. Baden noted that from reading the correspondence from the OPRHP dated July 8, 2010, it didn’t seem like they’d have a problem with the application, it seemed like they just wanted more information.

Mr. Sutherland displayed elevations for the Board of the buildings. He noted how they attempted to stay with the main house’s historical appearance and they broke it down into multiple roof lines so the additions didn’t look too big. He also showed the elevations for the gym and as it was an out building to the main house it made sense to make it appear to look like a barn. He showed the Board elevations of the sauna as well.

Vice Chairman Ricks questioned if Mrs. Harari’s office would be in the main building?

Mr. Sutherland answered no. He then showed the Board a picture of where the free standing office would be.

Mrs. Harari displayed pictures of the home and previous barns that have been on the property. She noted that she is trying to keep the appearance very similar to what it originally was.

Mr. Baden questioned what material the siding would be?

Mr. Sutherland noted that it would be clapboard siding.

Vice Chairman Ricks noted that the main spa building was going to be quite large. He counted 7 chimneys proposed.

At this time the Board went over Town Planner, Mr. Moot’s, comment letter dated July 16, 2010.

Mr. Moot noted that he received the comments from the UCPB and OPRHP after he generated this comment letter and he has found that a lot of the comments from the UCPB and his own are the similar. He stated that he knew that OPRHP’s comments weren’t mandatory to adhere to, but he recommended following them.

Mr. Medenbach noted that the Ulster County Highway Dept. recommended a different entrance. The applicant is looking at how to have the best entrance without compromising the existing screening and privacy.

CONTINUED APPLICATION REVIEW

Mr. Moot questioned it they could take the metal gate out?

Mr. Medenbach replied that the applicant did not want to do this. The existing 18’ is enough for two cars to pass. Cars and trucks go in and out now.

Mr. Baden noted that the width of the entrance wasn’t a County issue, it was a Town Code issue. The applicant could request a waiver with their reasons in writing.

Mr. Medenbach thought that was reasonable as there were Town Roads that were only 18’ wide.

Mr. Baden noted that he’d want the Fire Chief to sign off on the 18’ entrance for emergency issues.

Mrs. Harari noted that they had a barn way in the back of their property that they had let the Fire Dept. burn down to practice on, so she knows that the property and access can definitely handle emergency vehicles.

Mr. Baden noted that according to the Code, 44 parking spaces were required.

Mr. Moot questioned what the issue was with using hotel parking from the Code at the last meeting?

Mr. Baden noted that the Board had asked that any references to “hotel” be removed from the plan as they didn’t want to confuse the use with the type of parking they were going under. The Board still needs a written request for a waiver from the required parking.

Mr. Medenbach counted the existing spaces and noted that they added a couple to make it conform. He counted 46 spaces and the key only showed 44. They would correct that.

Mr. Medenbach answered #7 of Mr. Moot’s comment letter pertaining to the 60’ easement reserved for Harari as listed on the plans. There is a property owned by a Daniel Feldman in between Mrs. Harari’s spa property and an adjacent piece that she also owns. She had reserved a 60’ right of way over Mr. Feldman’s property to access her other piece and Mr. Feldman just uses that existing access onto Kyserike Road and she has no interest in pursuing to get him to stop using it.

Mr. Medenbach noted #8 was in reference to emergency vehicles and that would be taken care of when they get the Fire Chief to sign off on the plans. In reference to #9 which notes the need for approval from the NYS DEC in regards to disturbance of a NYSDEC wetland, they are currently working on that, but it’s a process and it takes time for the DEC to review the plans and sign off on it. The proposed sauna is in the wetland buffer zone and they would get that approval from the DEC. This is why it is part of phase 2 now, because they are confident that they will get the approval, but they know that realistically that it may take the rest of the year to get that approval and they would like to begin construction on phase 1 in the fall of this year.

CONTINUED APPLICATION REVIEW

In regards to question #11 of Mr. Moot’s comment letter, Mr. Medenbach responded that in regards to the new public water system, approval of that from the UCHD is something that is usually a condition to get the C/O—not something that is part of the Planning Board’s Approval.

Vice Chairman Ricks questioned where they would put the water treatment system?

Mr. Medenbach answered that it would go in the basement of the spa. There would be no water service to the pavilion, so that would make a total of 4 separate connections and it would be considered under permanent residential sources by the UCHD.

In regards to question #12, Mr. Medenbach answered that yes they were aware that food preparation is regulated by the UCHD as well and they would need to follow their requirements for that.

Mr. Moot commented on #14. He noted that the sewer use per day and Mr. Medenbach’s calculations seemed ultra conservative. Mr. Moot was concerned that the UCHD wouldn’t accept this proposed system and if they didn’t, did Mr. Medenbach feel that they had more room if the UCHD says the system needs to be bumped up? Would that affect the proposed layout?

Mr. Medenbach answered that if that happened they would just add more piping. He believed it would be fine. The UCHD hasn’t commented as of yet, but they would try and get feed back from them for the Public Hearing.

In regards to #18 and the parking area, Mr. Medenbach commented that all of the parking is gravel to keep with the aesthetics and to keep costs down. They won’t be able to paint lines on the gravel surface, but he didn’t think that would be necessary. He has a very large gravel parking lot at his own office and has found that people know how to park and they’ve never had an issue with it. Once in a while someone parks in the wrong place, but that just takes a simple comment to that person and they move their car. Usually people follow the parking pattern of the people that are already there. If it ever became a problem that would be something that Mrs. Harari would address under the business management aspect of the spa.

Vice Chairman Ricks noted that where the parking is extended, they don’t show any screening.

Mrs. Harari noted that there are existing large maple trees there.

Mr. Medenbach noted that it was 6’ lower than the highway and there was lots of vegetation there already.

Vice Chairman Ricks requested that they just extended the existing screening with new plantings and that should be shown on the plans.

Mr. Moot noted to make sure that any proposed screening should be shown on the plans on the applicant’s side of the right of way of the highway. He also noted that one of their engineers reviewed the SWPP, but they needed part 2 for Clark Patterson Lee to review as well.

CONTINUED APPLICATION REVIEW

Mr. Baden noted that Mr. Medenbach should be aware that there is a section in the Town’s Zoning on Stormwater Maintenance. Section 140-22.

Mr. Moot requested that the applicant submit Part 2 of the EAF for consideration.

Mrs. Harari addressed concerns to ADA compliance. She noted that they have fully complied and ADA features are either offered throughout the facility, or an alternative site with equal use is offered.

The Board discussed the use of the pavilion. If the applicant ever wanted to hold weddings there, she should ask for it now.

Mrs. Harari noted that it would primarily be used for outdoor yoga.

Mr. Medenbach noted that if they did hold a wedding there, which the applicant didn’t think they would, but if they did it wouldn’t be a large wedding. They would provide a better narrative as to what is planned for the pavilion.

Mr. Baden noted that the Board could model the B & B requirements in the Code as an example to condition any special events they plan to have here.

Mr. Baden motioned to hold the Public Hearing at the August 17^th meeting. Seconded by Mr. Smith. No discussion.

Vote:

Tapper: Absent Ricks: Yes

Smith: Yes Ullman: Absent

Baden: Yes Rominger: Yes

Calan, Alt: Absent (not required to participate)

Motion carried.

Mr. Baden motioned to Type this action as a Type 1 under SEQRA and the TORPB be Lead Agent.. Seconded by Mr. Rominger.

No discussion.

Vote:

Tapper: Absent Ricks: Yes

Smith: Yes Ullman: Absent

Baden: Yes Rominger: Yes

Calan, Alt: Absent (not required to participate)

Motion carried.

CONTINUED APPLICATION REVIEW

Mr. Baden motioned to refer this to the Town’s Historic Preservation Commission and Environmental Conservation Commission via the Notice of Hearing circulated to Bounding Owners and Town Agencies. If they were interested in the application they could stop by the PB Office to view the maps. Seconded by Mr. Rominger.

Vote:

Tapper: Absent Ricks: Yes

Smith: Yes Ullman: Absent

Baden: Yes Rominger: Yes

Calan, Alt: Absent (not required to participate)

Motion carried.

The Board would forward the elevations from Mr. Sutherland to the OPRHP for additional comments and send a memo to the Fire Dept.

SEQRA DETERMINATIONS AND PUBLIC HEARINGS

WAYNE KELDER– Minor Subdivision Approval for 5 lots, Lower Whitfield & Pine Tree Road, Tax Map# 68.4-4-17, AR-3 Zoning District

Mr. Kelder was present on behalf of his application. Prior to opening the Public Hearing, the Board reviewed Part 2 of the EAF. There were no impacts.

Mr. Baden motioned to for a Negative Declaration and to accept Part 2 as the Board just reviewed it. Seconded by Mr. Smith.

No discussion.

Vote:

Tapper: Absent Ricks: Yes

Smith: Yes Ullman: Absent

Baden: Yes Rominger: Yes

Calan, Alt: Absent (not required to participate)

Motion carried.

Mr. Baden questioned if Mr. Kelder knew the exact number of feet that Pine Tree Road was maintained by the Town.

Mr. Kelder could get that information from the Town’s inventory.

Mr. Baden requested that it be added to the final plan.

Vice Chairman Ricks opened the Hearing to the public.

There was no public comment.

SEQRA DETERMINATIONS AND PUBLIC HEARINGS

WAYNE KELDER (cont’d)– Minor Subdivision Approval for 5 lots, Lower Whitfield & Pine Tree Road, Tax Map# 68.4-4-17, AR-3 Zoning District

Mr. Rominger motioned to close the Public Hearing. Seconded by Mr. Smith. No discussion.

Vote:

Tapper: Absent Ricks: Yes

Smith: Yes Ullman: Absent

Baden: Yes Rominger: Yes

Calan, Alt: Absent (not required to participate)

Motion carried.

The Board reviewed proposed conditions drafted by Mr. Baden.

Vice Chairman Ricks motioned for approval with the following conditions:

1. All Final Plans shall be filed in the office of the County Clerk within 60 days of the Chairman’s signature, subject to the provisions of § 276 of NYS Town Law.

2. Applicant shall return three (3) filed copies of the map to the Town of Rochester Planning Board Secretary within 30 days of filing.

3. Any and all fees due to the Town of Rochester involving this application must be paid in full prior to the Chairman’s signature on the Subdivision maps.

4. The public roadway known as “Pine Tree Road” shall be identified in number of feet on the Subdivision maps.

5. Ulster County Board of Health approval shall be required for new Lots #1, #3, #4, and #5 prior to the issuance of building permits.

6. Time limits on conditional approvals shall be adhered to as follows as per 125-12(I) of the Town of Rochester Subdivision Regulations: A conditional approval of a Final Plan shall expire within 180 days unless all conditions are satisfied and certified as completed. This period may be extended for not more than two additional periods of 90 days where particular circumstances so warrant in the judgment of the Planning Board. No plan shall be signed by the Chair of the Planning Board until such time as all conditions are documented as satisfied, including approvals of other agencies as may be required.

Seconded by Mr. Baden. No discussion.

Vote:

Tapper: Absent Ricks: Yes

Smith: Yes Ullman: Absent

Baden: Yes Rominger: Yes

Calan, Alt: Absent (not required to participate)

Motion carried.

PUBLIC HEARING

WENDY HOLLENDER– Site Plan Approval for Farm Stand/ Agricultural Tourism Enterprises, 222 Lower Whitfield Road, Tax Map #68.4-4-27.112 & 27.113, AR-3 District

Ms. Hollender was present on behalf of her application.

Mr. Baden noted that the applicant revised the angle of the parking lanes as the Board previously requested.

Ms. Hollender noted that it is very functional and she is happy with the result.

Mr. Baden noted that the Ulster County Planning Board had no comment on this application.

PUBLIC HEARING

WENDY HOLLENDER (cont’d)– Site Plan Approval for Farm Stand/ Agricultural Tourism Enterprises, 222 Lower Whitfield Road, Tax Map #68.4-4-27.112 & 27.113, AR-3 District

Vice Chairman Ricks opened the Public Hearing.

There was no public comment.

Mr. Baden motioned to close the Public Hearing. Seconded by Mr. Rominger. No discussion.

Vote:

Tapper: Absent Ricks: Yes

Smith: Yes Ullman: Absent

Baden: Yes Rominger: Yes

Calan, Alt: Absent (not required to participate)

Motion carried.

The Board reviewed draft conditions prepared by Mr. Baden.

Vice Chairman Ricks motioned to approve the application with the following conditions:

1. Applicant shall comply with all State and Local Building Codes and Fire Codes as well as all applicable sections of the Town of Rochester Zoning and Land Use Control Laws and Local Laws of the Town of Rochester.

2. All existing conditions and improvements; including but not limited to parking, grading, landscaping, lighting, and signage; as depicted on the Site Plan maps received dated June 18, 2010, shall be completed or a bond established (as described in §140-56 of the Town of Rochester Code) prior to the issuance of a Certificate of Occupancy by the Code Enforcement officer.

3. Any and all fees due to the Town of Rochester involving this application must be paid in full prior to the Chairman’s signature on the Site Plan.

4. There shall be no on-street parking. All parking shall be in designated spaces only.

5. The site plan shall remain effective, as an authorization to establish the use, for a maximum of one year from the date of approval unless the Planning board shall have granted an extension in writing as pursuant to section 140-52 of the Town of Rochester Zoning Ordinance.

6. There shall be no deviation from the approved site plan except as may be permitted pursuant to 140-52 of the Town of Rochester Zoning Ordinance.

Seconded by Mr. Baden. No discussion.

Vote:

Tapper: Absent Ricks: Yes

Smith: Yes Ullman: Absent

Baden: Yes Rominger: Yes

Calan, Alt: Absent (not required to participate)

Motion carried.

SEQRA DETERMINATION AND PUBLIC HEARING

MELISSA DAVIDSON– Minor Subdivision Approval for 2 lots, Route 209, Tax Map #76.2-2-26.1, AR-3 District

The Board reviewed Part 2 of the EAF. There were no impacts identified.

Mr. Baden motioned for a Negative Declaration under SEQRA. Seconded by Mr. Rominger. No discussion.

Vote:

Tapper: Absent Ricks: Yes

Smith: Yes Ullman: Absent

Baden: Yes Rominger: Yes

Calan, Alt: Absent (not required to participate)

Motion carried.

Vice Chairman Ricks noted that he was a bounding owner to this property.

Vice Chairman Ricks opened the Public Hearing.

There was no public comment.

Mr. Baden motioned to close the Public Hearing. Seconded by Mr. Smith. No discussion.

Vote:

Tapper: Absent Ricks: Yes

Smith: Yes Ullman: Absent

Baden: Yes Rominger: Yes

Calan, Alt: Absent (not required to participate)

Motion carried.

The Board reviewed draft conditions prepared by Mr. Baden.

Mr. Baden motioned to approve the application with the following conditions:

1. All Final Plans shall be filed in the office of the County Clerk within 60 days of the Chairman’s signature, subject to the provisions of § 276 of NYS Town Law.

2. Applicant shall return three (3) filed copies of the map to the Town of Rochester Planning Board Secretary within 30 days of filing.

3. Any and all fees due to the Town of Rochester involving this application must be paid in full prior to the Chairman’s signature on the Subdivision maps.

4. The proposed gravel driveway servicing Lot #2 shall be constructed in the location and manner as approved by the NYSDOT.

5. Time limits on conditional approvals shall be adhered to as follows as per 125-12(I) of the Town of Rochester Subdivision Regulations: A conditional approval of a Final Plan shall expire within 180 days unless all conditions are satisfied and certified as completed. This period may be extended for not more than two additional periods of 90 days where particular circumstances so warrant in the judgment of the Planning Board. No plan shall be signed by the Chair of the Planning Board until such time as all conditions are documented as satisfied, including approvals of other agencies as may be required.

Seconded by Mr. Rominger. No discussion.

Vote:

Tapper: Absent Ricks: Yes

Smith: Yes Ullman: Absent

Baden: Yes Rominger: Yes

Calan, Alt: Absent (not required to participate)

Motion carried.

MINUTES

Mr. Baden motioned to accept the minutes of May 18, 2010 and June 16, 2010 as revised. Seconded by Mr. Rominger. All members present in favor.

OTHER MATTERS

Based on the recommendation of the Town Attorney Mr. Baden motioned to send the Ulster County Planning Board the revised County Charter Exception Agreement for their consideration. Seconded by Mr. Rominger.

Vote:

Tapper: Absent Ricks: Yes

Smith: Yes Ullman: Absent

Baden: Yes Rominger: Yes

Calan, Alt: Absent (not required to participate)

Motion carried.

ADJOURNMENT

Mr. Baden motioned to adjourn, seconded by Mr. Rominger. No discussion. All members present in favor.

As there was no further business, at 8:30 PM, Vice Chairman Ricks adjourned the meeting.

Respectfully submitted,

Rebecca Paddock Stange, Secretary