MINUTES OF June 15, 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 Anthony Kawalchuk
Michael Baden Shane Ricks, Vice Chairman
Robert Rominger
Leon Smith
Pledge to the Flag.
SEQRA DETERMINATION AND PUBLIC HEARING
VINCI FARMS– Site Plan Approval for conversion of barn into indoor recording studio, 8 Old Pilgrim’s Way off of Clay Hill Road, Tax Map # 76.1-1-22.11, AR-3 District
Barry Medenbach, Engineer was present on behalf of the application.
Chairman Tapper noted that before they opened the Public Hearing the Board would need to go over Part 2 of the EAF and make SEQRA Determinations.
The Board went over Part 2. There were no impacts checked off.
Mr. Smith motioned for a Negative Declaration under SEQRA. Seconded by Mr. Baden. No discussion.
Vote:
Tapper: Yes Ricks: Absent
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
Mr. Baden noted that the application received a “No County impact” referral from the Ulster County Planning Board. They did discuss the septic at the meeting, but Mr. Medenbach had been present and explained that the system had been replaced to accommodate the new use. Mr. Medenbach submitted letter dated June 15, 2010 giving the specifics of the new system noting that it was more than adequate for the estimated 35 employees.
Chairman Tapper questioned if they would indeed be employing 35 people?
Mr. Medenbach noted that it would fluctuate depending on what they were working on, but his realistic guess was somewhere between 20 and 30 employees at the peak time.
At 7:35 PM Chairman Tapper opened the Hearing to the Public.
Mr. Medenbach explained that this property used to be a part of the Pine Grove. His clients have bought the property and have a home occupation and residences there now. They want to take the larger barn and convert it into a recording studio. They needed a Use Variance which was granted in April of 2010 from the Town’s ZBA. One of their conditions was that it go for Site Plan Approval with the PB. They have very little, if any site work and because it was a horse farm there is plenty of existing parking. They will create handicap parking and have area lighting that illuminates the parking and update it so it’s down shielded. During the ZBA Public Hearing one neighbor was concerned with the dusty driveway and the ZBA conditioned that dust control measures be taken on the first 200’ of the driveway. They have done this already by resurfacing it. They have the required 51 parking spaces, however they don’t think there will ever be that many cars there. They estimate the employees present onsite at the busiest time would be about 35. In between movies there would be about 5 people working there. There won’t be a lot of traffic. The movie shoots themselves will be offsite. The barn is set far off of the road and there is a good buffer around it so it can’t be seen from the road.
Chairman Tapper recognized Amelia Trimpe from the audience to speak. Ms. Trimpe noted that she lived on Van Demark Lane which is across from the driveway to Vinci Farms and is often used as a shortcut to Samsonville Road as it goes between Samsonville Road and Clay Hill Road. She noted that the traffic has already increased and Van Demark Lane is only a 1.5 lane road. The people using it to cross over to Vinci Farms are speeding and she has 2 small children and it makes her nervous.
Mr. Dal Farra from Vinci Farms was present in the audience and noted that he didn’t care for the truck traffic either and he has spoken to people about their speed. He further noted that there would be no more truck traffic as they have moved the trucks to their Route 209 location.
Ms. Trimpe noted that it wasn’t so much the trucks, but the cars that were causing the problems on the road.
Linda Fite who also lived on Van Demark Lane noted that she went to the ZBA Public Hearing for the Use Variance and voiced her concerns regarding the Vinci Farms entry way and the amount of dust generated. She was told to follow up with her concerns with the Planning Board when the application was being reviewed for Site Plan Approval. So, here she is complaining about the amount of dust that has increased since the traffic to the property in question has increased. She was told by the ZBA that the applicant was required to implement dust control measures, and Mr. Medenbach has stated that this has been done—but nothing has improved.
Mr. Dal Farra noted that they did resurface the road- 400’ of it when they were required by the ZBA to take care of the first 200’.
Chairman Tapper questioned if the lack of truck traffic now that the trucks have been re-routed to a different location will make the dust less?
Ms. Trimpe stated that the dust isn’t just from the trucks. It’s also created by the speeding cars.
Mr. Medenbach stated that they resurfaced the first 400’ with item 4 which isn’t a dust free material, but it is better than what was there before. They could put down calcium chloride to bind it once a year in the summer.
Mr. Baden read the condition from the ZBA’s Use Variance Decision regarding dust control measures:“Dust control measures by means of paving or chemical controls permitted by the NYS DEC shall be required for the first 200’ into the access into the property in question.” Maybe the Planning Board could take this condition a step further and set some specifics to it.
Bob Demorest a neighboring property owner was recognized to speak. He also attested to the fact that the traffic creates a bothersome amount of dust.
Mr. Baden motioned to close the Public Hearing. Seconded by Mr. Rominger. No discussion.
Vote:
Tapper: Yes Ricks: Absent
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
CONTINUED APPLCIATION REVIEW
WAYNE KELDER– Minor Subdivision Approval for 5 lots, Lower Whitfield & Pine Tree Road, Tax Map# 68.4-4-17, AR-3 Zoning District
Mr. Medenbach was present along with Mr. & Mrs. Kelder on behalf of their application.
Mr. Baden questioned what has changed since the last time they saw this application?
Mr. Medenbach noted that the metes and bounds and building envelopes were added as requested by the Board. Other than that, not much.
Mr. Baden noted that the map still has “lot line adjustment” in the title.
Mr. Medenbach indicated that there is still a lot line adjustment component in the subdivision. He further noted that he submitted letter dated June 2, 2010 certifying that lots 4 & 5 have suitable building sites on them with locations for septics and wells. They are intending on building on lot 3 right away and they have septic approval from the Ulster County Health Dept.
Mr. Baden questioned the separation of the road between lots 2 & 1.
Mr. Kelder noted that both parcels were owned by family.
Mr. Medenbach explained that it’s a private road and if they sold lot 1 they would have frontage from both Mettacahonts and Franklin if they needed it.
Mr. Baden questioned if the existing gravel drive from Franklin Lane to Pine Tree Road was an old abandoned farm road?
Mr. Kelder noted that the road actually used to go somewhere else. Franklin Lane is new
Mr. Baden motioned to refer this application to the Ulster County Planning Board. Chairman Tapper seconded the motion. No discussion.
Vote:
Tapper: Yes Ricks: Absent
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
Mr. Smith motioned to schedule the Public Hearing on July 20, 2010. Seconded by Mr. Rominger. No discussion.
Vote:
Tapper: Yes Ricks: Absent
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
Mr. Baden noted that the Town Board has approved the revised thresholds for required Planner review, and Mr. Kelder’s application does not fall under those new thresholds.
CONTINUED APPLICATION REVIEW
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 and noted that she revised the Site Plan and layout of the parking as suggested by the Board and she was very satisfied with the outcome. She submitted photos that showed the improved parking area and its ability to accommodate 5 cars. They were also able to back up in the parking lot so they didn’t have to back out onto Whitfield Road.
Mr. Baden was concerned with the angles that the spaces were at. He thought it would work better if they were angled in the opposite direction.
Ms. Hollender stated that she didn’t have a problem doing that.
Mr. Ullman brought up a question regarding the lighting on the outside of the barn. If this application was considered commercial, it would need to be down shielded as per 140-47 of the Zoning Code.
After a lengthy discussion, the Board agreed that the existing lighting was fine as this application was determined to be agricultural in nature by the Code Enforcement Office.
Mr. Smith commented that if the Planning Board didn’t agree with the Code Enforcement Office they would have to go through the ZBA and appeal it. It didn’t make sense to him, the Code Enforcement Office classified this as an agricultural use, and to him, that’s clearly what it was.
Mr. Baden agreed noting that if the County PB had a question with it, the Board would revisit it. He didn’t think they would be concerned.
Mr. Baden motioned to refer this application to the Ulster County Planning Board pending the revisions to the angle of the parking lines and the Chairman’s review of same. Mr. Rominger seconded the motion. No discussion.
Vote:
Tapper: Yes Ricks: Absent
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
Chairman Tapper motioned to schedule the Public Hearing on July 20, 2010. Seconded by Mr. Baden. No discussion.
Vote:
Tapper: Yes Ricks: Absent
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
CONTINUED APPLICATION REVIEW
MELISSA DAVIDSON– Minor Subdivision Approval for 2 lots, Route 209, Tax Map #76.2-2-26.1, AR-3 District
Mr. Medenbach was present on behalf of the application.
Mr. Baden questioned if the driveway placement for Lot#2 was as per the NYS DOT’s recommendation?
Mr. Medenbach replied that it was. In their letter dated June 7, 2010 they were very specific and actually attached a portion of the original map and drew it in the location that they recommended. Mr. Medenbach also noted that as per the Board’s request, they added the location of the flood plain to the map and noted that it is close to the buildings on Lot #1, but it is very steep back there.
Mr. Rominger noted that the septic locations should be shown- just to be sure that the septic and well for the existing house on Lot #2 are on that lot.
Mr. Medenbach wasn’t sure of the exact location, but he would show them on the plan.
Mr. Baden motioned to refer this application to the Ulster County Planning Board. Mr. Ullman seconded the motion. No discussion.
Vote:
Tapper: Yes Ricks: Absent
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
Mr. Baden motioned to schedule the Public Hearing on July 20, 2010. Seconded by Mr. Mr. Ullman. No discussion.
Vote:
Tapper: Yes Ricks: Absent
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
Mr. Medenbach noted that he looked at the data base and this wasn’t a historical property.
NEW APPLICATION PRESENTATION
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.
Chairman Tapper questioned the layout of the gym, sauna, & meditation buildings. The sauna was quite a distance from the gym- weren’t those types of uses things that usually went together- where people might go right from the gym to the sauna?
Mr. Medenbach noted that Ms. Harari wants to keep them separated because the sauna is a more relaxing and quiet activity and the gym is noisy. The sauna and meditation building are closer to each other because it’s more quiet and relaxing. They’ll operate independently from each other like separate little houses. There’s a benefit to building them this way in regards to the building code and safety. If they packed all of these buildings together they might require sprinklers and things like that. Ms. Harari has put a lot of thought into this.
Mr. Baden noted that he liked the smaller layout of the buildings dispersed. He also liked the rain gardens. The County would like that too.
Mr. Medenbach noted that they have supplied the Board with Stormwater Pollution Prevention Plan that maps out their Stormwater controls. He also noted that the spa has an existing Special Use Permit for a membership club spa and the applicant is seeking to expand the business from 4 to 7 rooms. They will be renovating the main building- ripping some of the existing structure off and adding a new kitchen as well.
Mr. Baden questioned if people stayed there?
Mr. Medenbach stated that people didn’t really stay there. There were rooms that were more for day uses (treatment rooms) and sometimes bridal parties would stay over night in the treatment rooms. The gym is a normal type of gym with workout equipment. They were upgrading their kitchen so they could use it to teach people about healthy eating habits. They mapped the state wetlands on the plan and the state has verified the boundaries. They are just waiting for them to sign off on that. There are future plans to use and increase the size of the existing pond but they would need a DEC permit. Mr. Medenbach advised his client to wait to do that as the permit process is lengthy and she’d like to start renovating the building in the fall.
Mr. Ullman questioned how much parking was new versus what was there?
Mr. Medenbach wasn’t sure. He’d have to look at the original site plan.
The Board discussed Mr. Medenbach’s parking calculations noting that he based it off of “hotel parking” out of the code. The Board was not comfortable with this language on the plans. The Board further discussed what parking calculations should be applied. Mr. Baden questioned if it would fall under commercial parking?
Mr. Medenbach calculated the parking by the gyms square footage, but he calculated the house portion of the spa based on the number of rooms with overnight guests (7 rooms 7 guests, no more than 7 cars.)
Mr. Baden noted that this code gave some leeway in the parking requirements to make it fit the use. He referenced 140-17 of the Code.
Mr. Rominger questioned if you were a member of the gym could you use the other services?
Mr. Medenbach verified that if you were a member of the gym you could use other services if you wanted.
Mr. Rominger felt that it seemed reasonable that what was proposed was enough parking.
Mr. Baden questioned the square footage of the gym.
Mr. Sutherland and Mr. Medenbach’s sizes of the gym did not match, but Mr. Sutherland noted that the gym was proposed to be 5,000 sf.
Mr. Medenbach questioned if this could be referred to the County?
Chairman Tapper noted that it would also need to be referred to the Town Planner as it fell under the new thresholds and was a Type 1 Action under SEQRA.
Mr. Medenbach discussed the Stormwater controls and noted that the Health Dept. has the plans and they are under review. They are going to drill a new well which will be fit for public consumption. Mr. Medenbach noted that his client was away at this time and she has made many revisions to the plans over the past weeks, so he will get together with Mr. Sutherland and Ms. Harari and make sure that they are all on the same page as to what the exact locations and sizes of the buildings are to be. He also agreed to the Board’s instruction to eliminate the term “hotel” in reference to the parking. He would also update the number of rooms to reflect what is being applied for and to get the correct number of parking spaces on the plans.
Chairman Tapper felt that this could go to the Planner and the County at the same time pending Mr. Medenbach’s revisions and cleaning up of the plan to reflect what is being applied for.
Chairman Tapper motioned to refer this application to the County Planning Board pending revised plans received and reviewed by the Chairman by June 22, 2010. Seconded by Mr. Rominger. No discussion.
Vote:
Tapper: Yes Ricks: Absent
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
Mr. Baden motioned to refer this application to the Town’s Planner and that the applicant set up an escrow account with $1,600.00 in it for review. Secodned by Mr. Rominger. No discussion.
Vote:
Tapper: Yes Ricks: Absent
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
Mr. Baden motioned to preliminarily Type this action as a Type 1 under SEQRA and that a Notice of Intent to be Lead Agency be circulated to OPRHP, UCHD, County Highway, and DEC. Also to request any additional comments from the County Highway in relation to the access. Seconded by Mr. Rominger.
No discussion.
Vote:
Tapper: Yes Ricks: Absent
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
DECISION
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
The Board reviewed the submitted revised plans showing the directional sign, the elimination of 4 parking spaces nearest the property of Badash and the revisions made to the size of the septic.
Mr. Rominger motioned to approve the Home Occupation for the Yoga Studio with the following conditions. Seconded by Michael Baden. No discussion.
CONDITIONS:
1. All applicable local, county, state, and federal building, health, and fire codes shall be complied with.
2. All existing conditions and improvements; including but not limited to parking, grading, landscaping, lighting, and signage; as depicted on the Site Plan maps dated May 27, 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. Yoga studio activities associated with the Class III Home Occupation business shall take place inside the studio only.
4. There shall be no on-street parking. All parking shall be in designated spaces only.
5. A directional sign shall be positioned at the intersection of the driveway accessing tax map parcel #77.1-3-24.221. This sign shall not exceed 4 sq. ft. in total dimension and shall clearly direct traffic to the yoga studio and away from the neighboring property.
6. 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.
7. There shall be no deviation from the approved site plan except as may be permitted pursant to 140-52 of the Town of Rochester Zoning Ordinance.
Vote:
Tapper: Yes Ricks: Absent
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
DECISION
VINCI FARMS– Site Plan Approval for conversion of barn into indoor recording studio, 8 Old Pilgrim’s Way off of Clay Hill Road, Tax Map # 76.1-1-22.11, AR-3 District
The Board discussed the measures of dust control that should be taken. They didn’t want to mandate that chemical treatment happen once a year or at any particular time, because they had no way of knowing if by conditioning it to be treated every summer if that would be too much and might cause pollution, or if maybe it wouldn’t be enough. They all agreed that they would include the ZBA’s conditions from the Use Variance which required the applicants to institute dust control measures by either resurfacing or chemical treatment. It would be up to the applicant to do this effectively.
Mr. Ullman motioned to approve the indoor recording studio with the following conditions. Seconded by Mr. Smith. No discussion.
CONDITIONS:
1. All applicable local, county, state, and federal building, health, and fire codes shall be complied with.
2. All existing conditions and improvements; including but not limited to parking, grading, landscaping, lighting, and signage; as depicted on the Site Plan maps dated April 27, 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. The following conditions of approval of the Use Variance as established by the Town of Rochester ZBA on April 13, 2010 shall be met prior to the issuance of a Certificate of Occupancy by the Code Enforcement Officer:
a. Dust control measures by means of paving or chemical controls permitted by the NYS DEC shall be required for the first 200’ into the access into the property in question.
b. Traffic control measures shall be taken by the applicant to ensure safety in turning into the access at the property in question. Large trucks shall be advised that this is a narrow section of Clay Hill Road and turns into the access to the property in question shall be taken with caution.
c. All State, County, and Local Codes shall be adhered to for the minor internal alterations proposed to be made to the building.
d. Minimal external construction shall take place.
e. No outside activity for video production shall be permitted on the property in question. Applicant shall apply to Planning Board for Site Plan Approval prior to operation.
4. All recording studio activity shall be restricted to indoor use only.
5. There shall be no on-street parking. All parking shall be in designated spaces only.
6. 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.
7. There shall be no deviation from the approved site plan except as may be permitted pursant to 140-52 of the Town of Rochester Zoning Ordinance.
Vote:
Tapper: Yes Ricks: Absent
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
ACTION ON MINUTES
Mr. Smith motioned to accept the April 20, 2010 minutes. Seconded by Mr. Rominger. No discussion.
Vote:
Tapper: Yes Ricks: Absent
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
Mr. Baden noted that there was a part to the May 2010 minutes that was missing- the Board’s vote on Part 2 of Belliman. He noted this to the Secretary who was going to fix it.
OTHER MATTERS
Mr. Baden noted that he has been in contact with Dennis Doyle of the Ulster County Planning Board and the Town Attorney, Mary Lou Christiana in regards to the County Charter Exception Agreement. As the Town has been advised by Mrs. Christiana not to sign the Exception Agreement mainly because of the leeway it gives the County in regards to time frames and SEQRA. Without signing it, the Town is bound to forward every single Planning Board and ZBA application to the County regardless if it meets the County’s threshold. In an attempt to compromise, Mr. Baden has taken the Exception Agreement and crossed out the language that pertains to the portions that the Town Attorney has issues with. Mrs. Christiana was agreeable to the Exception Agreement with the crossed out sections. The next step is that Mr. Baden is going to send this to Dennis Doyle to see if it is acceptable to the County as well. It would be to the Town’s advantage to come up with an acceptable version of the Exception Agreement and have it signed so that they didn’t have to refer every single application to the County for their referral response. They would revisit this at the next meeting.
ADJOURNMENT
Mr. Ullman motioned to adjourn, seconded by Mr. Baden. No discussion. All members present in favor.
As there was no further business, at 10:35 PM, Chairman Tapper adjourned the meeting.
Respectfully submitted,
Rebecca Paddock Stange, Secretary