Planning Board Minutes March 2010

MINUTES OF March 16, 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.)     
Shane Ricks, Vice Chairman                              Anthony Kawalchuk               
Michael Baden                                           Anthony Ullman                                  
Robert Rominger                                                 
        Leon Smith
        
                                                                                                        
Also present was Town Planner, Tim Moot, from Clark Patterson Lee.

 

Pledge to the Flag.
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.

 

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.

 

Chairman Tapper noted that the parking for the yoga studio is quite a distance from the studio itself. Did the applicant know how far that distance was?

 

Ms. Jud did not.

 

Mr. Baden questioned if the applicant knew how big the parking spaces were?

 

Ms. Jud was not sure, but she did receive the section of the Code pertaining to Parking from the PB Secretary and she forwarded that information on to her architect to draw the plans.

 

Chairman Tapper questioned if anyone on the Board knew if there was anything in Zoning that specified where parking had to be located?

 

Mr. Baden answered, no. It only specifies 1 space per 100 sf of floor space.

 

Mr. Ricks counted out the spaces provided on the plan. There were 15 spaces available. 7 spaces were needed for the yoga studio, 2 for the house, and there was a cottage on the property as well, but there were 6 spaces left and that was plenty.

 

Mr. Baden questioned if there were going to be signs near the road or at the end of the driveway?

 

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
Ms. Jud answered, no.

 

Mr. Baden noted that if there were, they would need to be shown on the plan.

 

Chairman Tapper noted that this is across the street from a County Agricultural District, so it will need to be referred to the Ulster County Planning Board. The Board still maybe able to set it for a Public Hearing for April and when the application is complete, it will be sent to the County and the County will respond with recommendations or no comments.

 

Mr. Baden questioned if the landscaping shown on the plans was existing or proposed?

 

Ms. Jud noted that the landscaping on the plans were just ideas for the future.

 

Chairman Tapper noted that they should be labeled as proposed landscaping so the Board could tell the difference between what was existing and proposed.

 

Mr. Baden noted that if the applicant put all of this landscaping on the plans, they would need to install it as part of the approval. They should be certain what they want and where they want it, because whatever the applicant submits, is what the Board is approving and what will be required to be built/installed.

 

Mr. Ricks questioned if there were existing trees?

 

Ms. Jud answered yes. It is all lawn where the building are. She is considering taking the proposed landscaping out.

 

Mr. Ricks, Vice Chairman motioned to set this application for a Public Hearing for the April meeting. Seconded by Chairman TapperNo discussion.
Vote:
Tapper:         Yes                                     Ricks:  Yes
Smith:  Yes                                     Kawalchuk:      Absent
Ullman: Absent                          Rominger:       Yes
Baden:  Yes                                     Calan, Alt:     Absent (not required to participate)
Motion carried.

 

Mr. Baden motioned for an Unlisted Action under SEQRA. Seconded by Mr. Rominger. No discussion.
Vote:
Tapper:         Yes                                     Ricks:  Yes
Smith:  Yes                                     Kawalchuk:      Absent
Ullman: Absent                          Rominger:       Yes
Baden:  Yes                                     Calan, Alt:     Absent (not required to participate)
Motion carried.
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 for the Town of Rochester Planning Board to be Lead Agency under SEQRA. Seconded by Mr. Rominger. No discussion.
Vote:
Tapper:         Yes                                     Ricks:  Yes
Smith:  Yes                                     Kawalchuk:      Absent
Ullman: Absent                          Rominger:       Yes
Baden:  Yes                                     Calan, Alt:     Absent (not required to participate)
Motion carried.

 

Chairman Tapper questioned if the proposed yoga studio would have its own septic?

 

Ms. Jud answered, no. It would connect into the existing septic for the house.

 

Chairman Tapper questioned if it was large enough to do that?

 

Ms. Jud answered, yes.

 

Chairman Tapper questioned who advised the applicant that the septic would be able to handle both the house and the proposed studio?

 

Ms. Jud noted that their excavator/builder, Mr. Lawrence told them it would be fine.

 

Chairman Tapper noted that the Board would need a letter from the County Health Dept. saying that.

 

Mr. Baden noted that they should probably wait to send this to the County and in light of the septic and changes that are going to be made to the landscaping, wait on the Public Hearing as well.

 

Chairman Tapper agreed noting that the applicant needed to show the septic location for the house and the improvements to be made to the septic for the studio. The applicant should contact the Health Dept. and see what they are going to require. The Planning Board is either going to need to see a letter from an engineer or the Health Dept. saying that the proposed expansion of the yoga studio to the existing septic system is going to work. If the applicant can get the revisions to the plans and either the letter from the Health Dept. or an engineer by the April cut off, they would hold the Public Hearing. If the applicant did not, they would hold it in May. They would have to keep the hearing open anyway, because they couldn’t send this to the County until the Board viewed it and they would make that determination at the April meeting.
NEW APPLICATION PRESENTATION
MICHAEL HERZOG– Subdivision Approval for 3 lots, Stony Kill Road, Tax Map#76.4-3-5,     
                                R-2 District  

 

Town Planner, Mr. Moot was present as this application met the thresholds for Planner review, having one or more lots less than 4 acres.

 

Mr. Herzog was present on behalf of his application.

 

Mr. Baden noted to the Board that he brought this up to the Secretary already to speak with the Code Enforcement Office to remind them that under the new codes they needed to classify the subdivisions as either, Major, Minor, Conservation, or Lot Improvements.

 

The Board viewed the maps. Mr. Baden questioned if the 2 houses shown on the maps were existing?

 

Mr. Herzog stated, yes.

 

Mr. Ricks, Vice Chairman questioned if there were originally 2 parcels?

 

Mr. Baden noted that the lots should be labeled as 1, 2, & 3.

 

Mr. Ricks, Vice Chairman stated that it could be labeled as remaining lands.

 

Mr. Moot reviewed the plans and produced comment letter dated March 15, 2010. He stated that the applicant needed to put a table on the plan with the beginning acreage and the ending acreage for each lot.

 

Mr. Ricks questioned how the home on the remaining lands was accessed? He didn’t see the driveway.

 

Mr. Herzog noted that there was an existing right of way over lands to Cusamar to Stony Kill Road.

 

Mr. Ricks advised the applicant to show that right of way on the plans. He also commented that there is a pretty useless piece of land on the Proposed lot #2. It’s right near the listed “160.00’ near the Proposed lot #1.

 

Mr. Herzog commented that he was just trying to give a little extra buffer between lot #1 and his house, which was on the lot that needed to be labeled as lot #3 or remaining lands.

 

Mr. Ricks, Vice Chairman questioned what the dimensions were on lot 2?

 

Mr. Herzog noted that there was a scale on the map.

 

Mr. Ricks, Vice Chairman noted that it needed to be labeled.

 

Mr. Moot noted that the easement over the “remaining lands” to lot 2 needed to be a right of way. He also noted that to install that driveway as it’s shown on the plan, the applicant may need to blast through a rock outcropping.

 

Mr. Herzog agreed—it maybe close.
NEW APPLICATION PRESENTATION
MICHAEL HERZOG (cont’d)–        Subdivision Approval for 3 lots, Stony Kill Road, Tax Map#76.4-3-5,  R-2 District  

 

Mr. Baden questioned if the applicant has spoken to the Highway Superintendent regarding the access on to Stony Kill?

 

The applicant had not yet done that.

 

Mr. Ricks agreed that the Highway Superintendent should look at that, as he needs to okay all driveways and accesses onto Town roads.

 

Mr. Moot questioned if the applicant was planning on putting any houses on lot #2?
Mr. Herzog answered that he was really using that lot as a buffer to his own house.

 

Mr. Moot advised the applicant that he might consider combining lot #2 with his property with his house on it.

 

Mr. Herzog wanted the option to sell it down the road, but planned on keeping it vacant.

 

Mr. Baden noted that the applicant needs to revise the EAF. Mr. Moots letter points out what needs to be done.

 

Mr. Ricks, Vice Chairman noted that the Board should send a letter to the Highway Superintendent to get his feedback on the location of the driveway. He advised the Secretary to use listed power pole #740 as a reference point.

 

Mr. Moot noted that the houses on the other side of the road should be shown as well. They should definitely be taken into consideration when placing the driveway.

 

Mr. Baden noted that the Board would need the revised maps the revised EAF as per Mr. Moots review letter before they could type it or schedule a Public Hearing.
 
NEW APPLICATION PRESENTATION
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. Madnick, Mr. Feinberg and Mr. Medenbach  were present on behalf of the application.

 

Mr. Medenbach noted that they have re-applied to the Code Enforcement Office and PB Office under the new Zoning Regs as they are no longer seeking the flea market/auction sales approval. Those tenants backed out, so they are now seeking “retail and service establishment (non auto)” as this is the most general approval they could find under the zoning schedule in this district, and they don’t know exactly what will be going in there, but they do desire to not be limited to “carpet sales only” as the current approval is conditioned. They have removed the upper parking lot as they had to have additional parking due to the flea market vendors.

 

Mr. Baden noted that it lists that they are applying for 11,000 sf. The building is 12,000 sf, so they should show where that 1,000 sf that they are not listing to use as retail or service is. They would need 62 spaces for 11,000 sf.

 

Mr. Medenbach noted that they reduced the size of the parking area and are applying  under the new zoning. They would like to avoid a detailed engineering review. He would like to save room by not adhering to the 25’ aisle requirement .

 

Mr. Baden noted that under the new Zoning, you can do that by a written request. It may make dealing with the wetlands easier.

 

Mr. Medenbach questioned if they would need a new Public Hearing.

 

Mr. Ricks noted that the old Public Hearing was about the flea market and auction. Yes, they would need a new Public Hearing.

 

Mr. Moot noted that the septic was a huge concern. When they did a site visit for the flea market proposal they say pockets of water on it.

 

Mr. Medenbach noted that it would have very minimal use and wouldn’t be a problem.

 

Chairman Tapper noted that he made a point to drive by the site after some of the real heavy rains that we had and it seemed to drain well.

 

Mr. Moot agreed.

 

Mr. Medenbach noted that the entrance had previously been okayed by DOT and it’s in a commercial zone, so it’s not a concern.

 

The Board discussed the need for Planner Review for this application. It had a pretty thorough review that the applicant already paid for, but it was pointed out that this is a new application and no longer being looked at as a flea market/auction use and it is being reviewed under the new Zoning now where the Planner reviewed it under the old Code. The Board agreed that they didn’t see how Planner review could be waived, but they did agree that it should cost less.

 

The applicant and the Planner discussed what amount escrow should be set at.

 

Mr. Moot originally stated that $1,600 is what Clark Patterson Lee was requesting.

 

This was discussed amongst the Board, Planner, and applicant. Mr. Moot noted that a compromise could be made to add parking and make the lot more user friendly. There were a couple of employee spaces that were visibly not going to work. The applicant should also submit a lighting detail.

 

Mr. Ricks motioned to type this action as Unlisted under SEQRA. Mr. Smith seconded the motion. No discussion.
Vote:
Tapper:         Yes                                     Ricks:  Yes
Smith:  Yes                                     Kawalchuk:      Absent
Ullman: Absent                          Rominger:       Yes
Baden:  Yes                                     Calan, Alt:     Absent (not required to participate)
Motion carried.

 

Mr. Baden motioned for the Town of Rochester Planning Board to be Lead Agency under SEQRA. Seconded by Mr. Rominger. This wouldn’t be referred to the County until the Board receives and views the updated plan improving the parking and showing the lighting and what parts of the building are dedicated to retail and storage and so on. The Board also requested for the Secretary to pull the letter received from the NYS DOT during the flea market/auction application to see what comments they made about the entrance.
Vote:
Tapper:         Yes                                     Ricks:  Yes
Smith:  Yes                                     Kawalchuk:      Absent
Ullman: Absent                          Rominger:       Yes
Baden:  Yes                                     Calan, Alt:     Absent (not required to participate)
Motion carried.

 

Discussion regarding the functionality of the parking continued. The Board all agreed that the parking layout the way it was laid out seemed really tight. Mr. Medenbach questioned if the Board would consider waiving 9 spaces? The Board stated that there was a provision in the Code that allowed for waivers and gave provisions where they would be considered.

 

Mr. Medenbach noted that what would make sense to him and what he felt would work best with the site would be to double the existing amount of parking spaces.

 

Mr. Rominger agreed that he’d rather see a more functional parking space with fewer spaces.

 

Chairman Tapper clarified that the applicant would be asking to eliminate the proposed parking and double what was existing now going left and right?

 

Mr. Ricks, Vice Chairman advised the applicant that if this was what they wanted- to double the existing parking, they should do that, count the spaces and base their retail area on that number.

 

NEW APPLICATION PRESENTATION
ALAN MADNICK (cont’d)– 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 noted that it doubling it would be about 30-32 spaces and that would give them roughly 5,250 sf of retail area.

 

Mr. Baden noted that if they were proposing to use the existing signage that the applicant should submit a picture and they could include that in the file and the referral to the County.

 

With the reduction in parking spaces Mr. Moot estimated a deposit of $800.00 for escrow. He noted that this was a challenging site, but with the dialogue that went on tonight and the compromises in parking, this seemed like a more feasible proposal.
ZBA ADVISORY REQUEST
VINCI FARMS, LLC–       c/o Jeremy Jones, Use Variance for Recording Studio, 311 Clay Hill Road, Kerhonkson, Tax Map # 76.1-1-22.11, AR-3 District

 

Mr. Medenbach was present on behalf of the application. He was the engineer working on this
project.

 

Mr. Baden stated that if the ZBA granted this variance, it would still need to come back to the PB for
review.

 

Mr. Medenbach stated that this was a horse ranch that was once a part of the Pine Grove. It is a separate parcel and has a separate Tax Map parcel, but it was operated under the same entity. Mr. Medenbach lives across the street from this property on Clay Hill Road and in the early 1980’s they had horse shows and loudspeakers and they would bring people down from the ranch to watch the shows. In more recent years the barn has been used for offices and there are rental houses on the property. What the applicants propose to do is to use the barn as a recording studio and film inside. The arena will be converted into a sound stage and there will be computer editing done. There is currently a music-recording studio that has a home occupation permit. There would normally be about 4-5 employees and when they were working on a movie there would be 40-50 people on the site. Everything would be inside and it would be less of an impact than the use in the past.

 

Mr. Baden noted that it is in a County Ag District and would have to be referred to the County by the ZBA during the Use Variance process.

 

Chairman Tapper questioned how far away the closest house was on a bounding property?

 

Mr. Medenbach noted it was about 700 feet away. You can’t see the barn from the road. Its set far back.

 

Mr. Ricks questioned if there would be any movie making outside?

 

Mr. Jones was present on behalf of Vinci Farms, LLC and noted that anything filmed outside would be filmed off site.

 

Mr. Baden noted that Pilgrim’s Way is a private road. It should be noted as such on the map. He continued to note that Mr. Moriello’s application and addendums he submitted on behalf of the applicants made a good case.

 

ZBA ADVISORY REQUEST
VINCI FARMS, LLC (cont’d)–      c/o Jeremy Jones, Use Variance for Recording Studio, 311 Clay Hill Road, Kerhonkson, Tax Map # 76.1-1-22.11, AR-3 District

 

Mr. Ricks motioned to give a favorable advisory for the Use Variance. Seconded by Mr. Rominger. Chairman Tapper noted that it should be included in the advisory that this is in a County Ag District and should be referred to the County PB. Mr. Baden noted that this shouldn’t be listed as a Type 2 Action as recommended by Mr. Moriello in his addendum, but should be typed as an Unlisted Action under SEQRA as if it is granted the Use Variance, the SEQRA Typing will carry over into the PB’s review.
Vote:
Tapper:         Yes                                     Ricks:  Yes
Smith:  Yes                                     Kawalchuk:      Absent
Ullman: Absent                          Rominger:       Yes
Baden:  Yes                                     Calan, Alt:     Absent (not required to participate)
Motion carried.

 

ACTION ON MINUTES
Chairman Tapper motioned to accept the minutes from the January 19, 2010 meeting. Seconded by Mr. Smith.
Vote:
Tapper:         Yes                                     Ricks:  Yes
Smith:  Yes                                     Kawalchuk:      Absent
Ullman: Absent                          Rominger:       Yes
Baden:  abstain                         Calan, Alt:     Absent (not required to participate)
Motion carried.
OTHER MATTERS

 

PLANNER THRESHOLDS
Chairman Tapper noted that he wanted to resubmit the December 2008 recommendation to the Town Board to revise the Planner Thresholds.

 

Mr. Baden agreed noting that based on the new Code, it may need to be revised a little before it gets resubmitted. He’d like to see #1 get changed to “All major subdivisions will require Planner Review.”

 

Mr. Baden motioned to resubmit the revised Planner threshold recommendations to the Town Board with the modification. Chairman Tapper seconded by motion. No discussion.
Vote:
Tapper:         Yes                                     Ricks:  Yes
Smith:  Yes                                     Kawalchuk:      Absent
Ullman: Absent                          Rominger:       Yes
Baden:  Yes                                     Calan, Alt:     Absent (not required to participate)
Motion carried.
PB APPLICATIONS
Chairman Tapper noted that the Secretary has indicated that the Board’s Site Plan, Special Use Permit, and Subdivision Applications need to be updated to reflect the requirements of the new codes. He requested that Mr. Baden and the Secretary review this over the next month.

 

UCPB UPDATE
Mr. Baden wanted to let the PB know that he has officially been appointed and accepted as the Town’s representative on the County PB. Mr. Smith has been appointed and accepted as the Town’s alternate.

 

PLANNER REVIEW
Chairman Tapper motioned to enter executive session to discuss contracted relationships. Seconded by Mr. Baden.
Vote:
Tapper:         Yes                                     Ricks:  Yes
Smith:  Yes                                     Kawalchuk:      Absent
Ullman: Absent                          Rominger:       Yes
Baden:  Yes                                     Calan, Alt:     Absent (not required to participate)
Motion carried.

 

At 9:05 Chairman Tapper brought the Board out of Executive Session stating that no motions were made and no monies were expended.

 

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

 

As there was no further business, at 9:05 PM, Chairman Tapper adjourned the meeting.
                                                                        
                                                        Respectfully submitted,
                                                        Rebecca Paddock Stange, Secretary