MINUTES OF May 18, 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
Shane Ricks, Vice Chairman
Michael Baden
Robert Rominger
Leon Smith
Pledge to the Flag.
Mr. Ricks was acting Chairman as Chairman Tapper was going to be late.
PUBLIC HEARING
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
At 7:00pm Mr. Ricks called the applicant forward for their Public Hearing.
Ms. Jud was present on behalf of her application and explained her application. She noted that she was proposing a 21’ x 30’ building for the purposes of a yoga studio. The plan was displayed for the public and she showed where the existing house was along with a cottage, greenhouse, and where the parking would be. Any yoga clients would walk from the parking spaces to the studio along the path.
Vice Chairman Ricks opened the Hearing to the Public.
Peter Greweling of 222 Tow Path Road is a bounding owner and noted that he had applied for a variance years ago and the first thing that they did was approach their neighbors to see how they felt about it. Until the Town issued their Notice of Hearing for this meeting they didn’t receive any notice. The applicants have cleared a severe amount of trees, which they are entitled to do, but it took a part their privacy. He didn’t understand how there could be a business in a residential rural neighborhood. He also wanted to point out that this was the applicant’s second residence that they purchased for $700,000 and now they are opening a business. That is just going to diminish the neighborhood’s property value. Mr. Greweling and his wife, Keira Greweling, were not in support of this application.
Scott Badash of 238 Tow Path Road noted that he shared a driveway with the applicant and was considering selling his house because of the proposal. He’s already had numerous people drive to his house thinking it was the yoga studio. He purchased this property because it was in a rural residential private neighborhood. He was very concerned with the amount of traffic this would produce and the impact to his privacy. The proposed parking is less than 50’ from the entrance of his house.
Vice Chairman Ricks reviewed the plan and had Mr. Badash show where his house was in relation to the proposed parking. Mr. Badash’s house was much more than 50’ away from the proposed parking.
PUBLIC HEARING
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
Vice Chairman Ricks noted that the Greweling’s notified their neighbors of what they wanted to do for their Variance because it wasn’t allowed under Zoning and that was a good idea to get the neighbor’s feedback for that. What this applicant is applying for is allowable under Zoning by obtaining a Special Use Permit for a Home Occupation Class III. The Zoning is very clear on what is allowed and what isn’t. This is a low impact use and that is why it falls under the Home Occupation Thresholds.
Mr. Fina was also a bounding owner and didn’t want any neighbors to have hard feelings toward each other, but he didn’t have a problem with the application.
Ms. Jud noted that there won’t be much traffic generated from this use. They had to show 9 parking spaces where available due to what the code required for the yoga studio and for the dwellings that were already on the property. It will be a small business and any trees that they cleared were ones that the prior owners took down but did not clear out. They are only cleaning up their property. There are probably about 40 trees that were taken down or had fallen. These are going to be private small classes.
Mr. Baden noted that there appears to be more parking spaces than are actually required. They need a total of 11 for the studio and the dwellings on the property and they are showing 15. Maybe a couple could be eliminated.
Mr. Ricks agreed noting that perhaps a few of the spaces nearest Mr. Badash’s house could be eliminated.
Mr. Rominger suggested planting some trees for some additional screening.
Mr. Badash noted that because of the layout of the property that there were no places to plan trees that would be able to provide screening.
After further opposition by Mr. Badash the Board explained again that this is an allowable use with a Special Use Permit for a Home Occupation Class III.
Mr. Ullman contributed that a Special Use can be denied, however there needs to be a severe impact and a criteria that must be met to deny it. The focus here should be what the neighbor would suggest to minimize the impact. Screening or fencing?
Mr. Badash didn’t understand how trees would minimize the traffic?
Mr. Ullman noted that they wouldn’t. They would minimize the view of the traffic.
Mrs. Greweling questioned if the whole property was going to be used as a yoga retreat or if the use was going to be contained to the proposed studio?
Mr. Ricks noted that this application was for the use of the yoga studio only. That’s not to say that they can’t have friends over and hike on their own property if they wanted to.
PUBLIC HEARING
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 noted that if they do approve this application a condition could be that no outdoor use of the property is to be associated with the yoga studio.
Ms. Jud noted that the largest class would be about 8-10 people- but that doesn’t really happen.
Mr. Badash discussed the lack of ability to screen along the driveway.
Mr. Ricks noted that it’s a pretty tough situation when Mr. Badash bought his house for privacy, but it’s right off of someone else’s driveway.
Mr. Baden noted that they couldn’t limit the hours of operation either. The Board can’t condition that. They couldn’t even limit the amount of people- the fire code would be the determining factor on how many people at a time can occupy the building.
Mr. Barry Medenbach, PE was present in the audience and was recognized to speak. He noted that his wife has been involved in yoga for some time. She has taught classes for many years. 10 people in a class at a time is almost unheard of. You would have 4-5 people tops. He knows of 2-3 yoga studios operating in the town now probably without permits. These are common low impact things.
Mrs. Greweling noted that since the applicants have moved in the amount of traffic has already increased significantly.
Mr. Ricks stated that what home owners do with their personal business and how many people they entertain is none of the Planning Board’s business. They are strictly looking at the yoga studio.
Mr. Baden suggested at the intersection of the shared driveways that a small sign with an arrow saying, “to yoga studio” might help people find their way.
Mr. Ricks thought that was feasible.
At 7:30PM Mr. Ricks motioned to close the Public Hearing seconded by Mr. Ullman. No discussion.
Vote:
Tapper: not yet present Ricks: Yes
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
Mr. Ricks noted that they would revisit this application at the end of the meeting to consider an approval. The agenda was very full this evening and the Board needed to keep it moving along.
PUBLIC HEARING
MICHAEL HERZOG– Minor Subdivision Approval for 3 lots, Stony Kill Road, Tax Map#76.4-3-5, R-2 District
At 7:30PM Mr. Ricks called the applicant forward for his Public Hearing.
Mr. Herzog was present on behalf of his application.
Mr. Baden noted that he has attended several trainings and has done research on when a determination of significance should be done. Part 2 of the EAF should be done with a determination of significance prior to the opening of the Public Hearing.
The Board agreed with Mr. Baden and went through Part 2 of the EAF. There were no impacts identified.
Mr. Baden motioned to issue a Negative Declaration under SEQRA because there were no impacts identified. Seconded by Mr. Smith. No discussion.
Vote:
Tapper: not yet present Ricks: Yes
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
Mr. Herzog explained his application for the public. He noted that he is taking 2 existing lots that total +/- 22.36 acres and splitting them into 3 lots with the following acreages: Lot 1: +/-2.013 Acres, Lot 2: +/-8.685 Acres, Lot 3:+/-11.638 Acres. Lot #1 has a house on it, lot #2 is vacant and is accessed by a right of way over lot #3 off of Stony Kill Road. Lot #3 has a dwelling on it and is his home.
Vice Chairman Ricks opened the Hearing to the public. There was no comment.
The Board reviewed the plans and noted that Mr. Herzog took the advisement of the Town Planner and moved the easement area and secured a driveway permit from the Highway Superintendent for that. They also noted that the right of way to lot #2 will need a Road Maintenance Agreement and that is currently being reviewed by our Town Attorney.
Mr. Herzog was still unsure why it would need an agreement as it was only servicing one lot.
Mr. Baden noted that the Code requires it because it is going over another parcel and it is possible that lot #3 could use it as well.
The Secretary noted that it is also to give the Town an easement over that right of way for the use of emergency vehicles. It releases the Town from liability for any maintenance or anything connected to that right of way and that allows the Building Dept. to issue a building permit on land that is not accessed by a Town, County, or State Road.
PUBLIC HEARING
MICHAEL HERZOG (cont’d)– Minor Subdivision Approval for 3 lots, Stony Kill Road, Tax Map#76.4-3-5, R-2 District
Mr. Baden motioned to close the Public Hearing. Seconded by Mr. Ullman. No discussion.
Vote:
Tapper: not yet present Ricks: Yes
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
Mr. Ricks noted that they would come back to this at the end of the meeting to discuss a decision. The Board wanted to get through some of these other applications first.
PUBLIC HEARING
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
At 7:45 Vice Chairman Ricks called the applicants forward for their Public Hearing. He noted that the applicant wishes to increase the parking and make this a more general use for options to open it up to future tenants. Currently the only use allowable in this building is to sell carpet. He also noted that the Board received the UCPB referral response and they had a required modification regarding the septic. “The applicant is required to have the adequacy of the existing septic system verified for the proposed change in intensity of use.”
Mr. Baden suggested conditioning that based upon what use occupies it as it is currently unknown.
Mr. Medenbach, PE was present on behalf of the application and noted that the system there was approved for 300 gallons per day and that is large enough for a retail business.
Mr. Ricks agreed. For retail that is fine.
Mr. Baden noted that what the County is saying is that because the future use is unknown at this point that the Board of Health be consulted. Mr. Baden noted again that he would vote for adding that a condition of approval to be checked when a use actually is proposed.
Mr. Medenbach noted that the system was calculated for commercial use based on the number of employees. Even 15 gallons per employee per day would be 20 employees. They aren’t proposing to change the use or what is currently allowed. They are basically asking for the restriction on “carpet sales only” to be removed.
Mr. Baden didn’t think that this was an issue. Once they determined the use they would get the County Health Dept. to sign off on it and since they don’t know the use yet, they’ll make that a condition.
Mr. Ricks noted that if the use was something like the flea market or auction sales that were previously applied for and withdrawn on this property, they would need a new system. But since they don’t know what it will be yet…
Mr. Baden noted that if they conditioned over 300 gallons per day requires County Health Dept. Review, it would still be following what the County Planning Board required. He felt that was a reasonable way to go.
PUBLIC HEARING
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. Smith motioned to close the Public Hearing. Seconded by Mr. Ullman. No discussion.
Vote:
Tapper: not yet present Ricks: Yes
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
Mr. Ricks noted that they would come back to this at the end of the meeting to discuss a decision. The Board wanted to get through some of these other applications first.
PUBLIC HEARING
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.
Prior to the Public Hearing the Board reviewed Part 2 of the EAF.
Question #12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? The Board checked this as, “yes. Small to Moderate Impact.” The applicant had an archeological study done and a historic foundation was found, but it was a condition of approval that it be avoided during construction.
Chairman Tapper joined the meeting.
Mr. Baden motioned for a Negative Declaration under SEQRA noting that the Board checked a small to moderate impact for question #12, but it was mitigated by the applicant. Seconded by Mr. Ullman. No discussion.
Vote:
Tapper: Abstain Ricks: Yes
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
At 7:50PM Vice Chairman Ricks opened the Public Hearing.
Mr. Houston explained that this subdivision was approved in December of 2009 by the Planning Board. The applicant failed to file the signed maps with County Clerk within 60 days of Chairman’s signature, so the applicant needed to re-apply. 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. Other than that everything has remained the same as the previously approved subdivision.
Vice Chairman Ricks opened the hearing to the public.
PUBLIC HEARING
10P5C (cont’d)- c/o Colin Houston, PLS, 2 lot subdivision, Project 32 Road, Tax Map # 76.4-3-15.115, R-5 District
Will Stoddard was a bounding owner and questioned if they were planning on any rentals or multi family units or anything.
Mr. Houston noted that they are proposing one single family residence for each lot.
Mr. Ricks noted that if they did propose rental units or something like that they’d have to come back before the Board. The lots are good sized lots.
Mr. Rominger motioned to close the Public Hearing. Seconded by Mr. Ullman. No discussion.
Vote:
Tapper: Abstain Ricks: Yes
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
LOT LINE IMPROVEMENT
RANDY HORNBECK– Lot Line Improvement, 35 Kyserike Road, Tax Map # 69.4-2-1.321, AR-3 District
Chairman Tapper was now seated at the Board.
Mr. Medenbach was present on behalf of this application. He explained that Mr. Hornbeck split this lot off from his larger parcel. When they went to do the final survey, the noticed that Mr. Hornbeck’s son built his house right on the property line. So, basically Mr. Hornbeck is doing a lot line revision with other lands that he owns to have the house conform and meet the necessary setbacks.
The Board reviewed the map.
Mr. Baden motioned to classify this action as a Type 2 under SEQRA. Seconded by Mr. Smith. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
Mr. Baden reviewed the language on the plan to make sure it was identical to what was required in the subdivision regulations under Section 125-18(c) “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.”
LOT LINE IMPROVEMENT
RANDY HORNBECK(cont’d)- Lot Line Improvement, 35 Kyserike Road, Tax Map # 69.4-2-1.321, AR-3 District
Chairman Tapper motioned to approve the lot line improvement as it met the requirements in Section 125-18 of the Subdivision Regulations. Seconded by Mr. Ullman. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
LOT LINE IMPROVEMENT
GLORIA FINGER AND OPEN SPACE CONSERVANCY– Lot Line Improvement, Old Mountain Road off of Lawrence Hill Road, Tax Map #s 77.3-2-17.11 & 85.1-1-2, R-5 District
Mrs. Patty Brooks of Brooks and Brooks Surveying was present on behalf of the application. Mrs. Brooks noted that Mrs. Finger owns a +/-204 acre parcel and she wishes to retain +/-53.83 acres and give the rest to the Open Space Conservancy. She has access off of Old Mt. Road off of Lawrence Hill Road.
Mr. Baden asked if these were already two different parcels.
Mrs. Brooks explained that there were two different Section Blocks and Lots- they will be combined and then they will transfer the property to Open Space.
Mr. Baden reviewed the language on the plan to make sure it was identical to what was required in the subdivision regulations under Section 125-18(c) “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.”
Mr. Baden motioned to classify this action as a Type 2 under SEQRA. Seconded by Mr. Smith. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
Mr. Ricks motioned to approve the lot line improvement as it met the requirements in Section 125-18 of the Subdivision Regulations. Seconded by Mr. Ullman. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
NATURAL SUBDIVISION
J & E PROPERTIES– Natural Subdivision, Schwabie Tpk, 60.3-1-20.211, R-2 District
Mr. Terry Ringler, surveyor was present on behalf of the application. He explained that this parcel is separated by Schwabie Turnpike. It is one tax map parcel, yet there is technically no physical connection between these parcels.
Mr. Ricks didn’t understand how they could be one lot if they didn’t touch.
Mr. Ringler continued to explain that this was originally a +/-16 acre parcel that was subdivided under the old Code in 2003. Since it had the necessary road frontage and acreage needed, they did not need Planning Board approval at that time and it was split into 4 lots. The deeds never were filed at that time for the individual lots. In the mean time 2 lots were sold off and deeds were filed for those parcels. Deeds still were not filed for the remaining two parcels, so they legally remained as one which now creates these lots that do not touch.
Mr. Baden noted that this was the exact definition of a natural subdivision. He checked the language on the plan to make sure that it was the same as Chapter 125-18(c) of the Subdivision Regs.
Mr. Baden motioned to classify this action as a Type 2 under SEQRA. Seconded by Mr. Ricks. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
Mr. Baden motioned to approve the Natural Subdivision as defined in Chapter 125-18 of the Subdivision Regulations. Seconded by Mr. Rominger. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
NEW APPLICATION PRESENTATION
WENDY HOLLENDER– Site Plan Approval for Farm Stand/ Agricultural Tourism Enterprises, 222 Lower
Whitfield Road, Tax Map #68.4-4-27.112, AR-3 District
Ms. Hollender was present on behalf of her application and noted that she has a c/o for renovations to her barn and she brought in pictures to share with the Board of the barn. She explained that she wanted a little farm stand to sell produce from her existing organic vegetable garden. In addition to the farm stand she is a botanical artist and wanted to teach students how to draw. She would also be doing this from a section in the barn.
NEW APPLICATION PRESENTATION
WENDY HOLLENDER (cont’d)– Site Plan Approval for Farm Stand/ Agricultural Tourism Enterprises, 222 Lower Whitfield Road, Tax Map #68.4-4-27.112, AR-3 District
Mr. Ricks noted that the biggest issue he saw was the parking. There is no place to turn around and it is very dangerous to back out onto the road. Many member of the Board were familiar with this property and agreed that it was a very dangerous parking and pulling out situation. The area does not have great visibility, so backing out is very dangerous. The Board discussed different options with the applicant on how to reconfigure the parking and possible locations where she could create a turn around. The applicant was very receptive to this and would revise it.
Mr. Baden noted that due to the amount of space she would be using in the barn for her business she would need 2 parking spaces. He agreed that they could not allow people to back out on the road.
Ms. Hollender had over flow parking in a field on an adjacent parcel that she owned. It was 150’ from the barn. She didn’t have a problem using that, but she was hoping to have some spaces next to the barn as well. She would work on the turn around space.
Mr. Ricks calculated the parking based on the square footage and came up with the need of 3 spaces.
The Board noted that before they could send this to the UCPB for a referral they would need to see a turn around and ample parking, the map needs to be to scale and it should be larger-24” x 36”, and the existing lighting on the barn should be labeled. The location of the sign should also be shown on the map and its dimensions noted. The development standards should also be shown on the plan in the form of a chart.
Mr. Baden motioned to classify this action as a Type 2 under SEQRA as it was an existing structure. Seconded by Chairman Tapper. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
The applicant would be scheduled for a continued application review at the next meeting pending the revisions being received by June 2, 2010.
NEW APPLICATION PRESENTATION
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 this application. He explained that this was the old Shell Bark Farm property and what the applicant wanted to do was split it into two lots both with frontage on Route 209. Lot #1 would retain the house and barns and the original Route 209 access and would be +/-19.37 acres. Lot #2 would have a house and be +/-28.62 acres. It would need a new access out to Route 209, which the Board would need to consult with the NYS DOT as to the location of that.
NEW APPLICATION PRESENTATION
MELISSA DAVIDSON (cont’d)– Minor Subdivision Approval for 2 lots, Route 209, Tax Map #76.2-2-26.1, AR-3 District
Chairman Tapper questioned how many feet it was on lot #2 from Route 209 to the house.
Mr. Medenbach measured it to be 600’ back.
Chairman Tapper questioned what the slope was of lot #2 in regards to putting in a new driveway.
Mr. Medenbach noted that it was mild. No steeper than the existing driveway back to the house and the barns.
Mr. Baden noted that as part of the new Codes, the Board is encouraged to ask for shared accesses. Would lot #2 be able to access the private road near by.
Mr. Medenbach didn’t think it would. That is a private road.
Mr. Smith and Mr. Ricks both noted that they were bounding property owners, but had no problems with the application in that respect.
Mr. Baden motioned for the Board to send a letter to NYS DOT asking for them to look at it in regards to a driveway placement from lot #2 to Route 209. Seconded by Mr. Rominger. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
Mr. Smith questioned if part of this property in the back was in the flood plain? It should be shown on the plan.
Mr. Medenbach believed there was property in the flood plain in the back. They would put that on the plan.
Mr. Baden noted that they’d need a revised map before they sent it to the UCPB for referral. Maybe by then they would have a reply from the NYS DOT in regards to driveway location.
This would also be sent to the Town’s Historic Preservation Commission (HPC) and the Town’s Environmental Conservation Commission (ECC) for comments in the mean time.
Mr. Baden motioned for an Unlisted Action with an Uncoordinated Review under SEQRA. Seconded by Mr. Smith. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
NEW APPLICATION PRESENTATION
WAYNE & ELIZABETH KELDER– Minor Subdivision Approval for 5 lots, Lower Whitfield & Pine Tree Road, Tax Map# 68.4-4-17, AR-3 Zoning District (update on previously proposed flying field at same location)
Mr. & Mrs. Kelder were present on behalf of their application.
Mr. Kelder noted that they are looking for approval for 5 lots.
Mr. Ricks questioned if the flying field that Mr. Kelder had previously had a Pre-application meeting for a year ago was on lot #1?
Mr. Kelder replied yes.
The Board viewed the map.
Mr. Smith questioned where lot #3 accessed?
Mr. Kelder replied that it accessed Franklin Lane. And lot #2 accessed Pine Tree Road. They were both Town Maintained. Pine Tree Road is maintained by the Town to the well on lot #2.
Mr. Baden noted that that should be labeled on the plan.
Mr. Baden noted that lot #1 has access from both Franklin Lane and what is labeled on the plan as “Mettacahonts-Whitfield” Road.
Mr. Kelder noted that this was true. He didn’t want to lose access to Franklin Lane from lot #1 for himself.
Mr. Baden noted that they would need to see building envelopes on the vacant parcels.
Chairman Tapper questioned if the vacant parcels would need to show septic locations as well?
Mr. Baden noted Health Dept. Approval or a letter from an engineer saying it was feasible.
Mr. Medenbach noted from the audience that they were currently in the process of getting a Septic Permit for lot #3.
Mr. Baden questioned if the pond on lot #3 was man made?
Mr. Kelder answered that yes, it was with DEC approval back in 2002.
Mr. Baden noted that this would need an Agricultural Data Statement.
Mr. Baden also noted that they should take off the words, “lot line adjustment” in the title block of the plans. This was just for a 5 lot subdivision.
NEW APPLICATION PRESENTATION
WAYNE & ELIZABETH KELDER (cont’d)– Minor Subdivision Approval for 5 lots, Lower Whitfield & Pine Tree Road, Tax Map# 68.4-4-17, AR-3 Zoning District (update on previously proposed flying field at same location)
Mr. Baden stated that until the Town Board acts on the Planning Board’s recommendations to revise the Planner Thresholds, this application is required to have Planner review and establish an escrow account with the Town. He suggested that the applicant wait until the June Meeting to see if the revised Planner Thresholds are passed. It would eliminate the need for this application to have Planner Review. They would need to wait until they received revised plans with the metes and bounds and building envelopes until they sent this to the County PB for referral anyway.
FLYING FIELD
Mr. Kelder noted that his previously applied for flying field would be on lot #1. Additional adjacent lands owned by the Kelders would also be used to fly over. He continued that he went to the Town Board and received the appropriate referrals and received approvals from the DOT and FAA as well. The Secretary of the Planning Board checked into his status to see what codes he fell under as he submitted his Zoning Permit for this application in January of 2009 and the Codes have since changed. The Town Attorney advised that since this application did not make it to a Public Hearing, it was bound to the new Codes. The Code Enforcement Office revised the Zoning Permit to reflect the sections of the new codes that it fell under now.
Mr. Ullman questioned documents submitted by Mr. Kelder that stated this flying field would be used for emergency use only. This was on the general aviation identification plan.
Mr. Kelder noted that it was for agricultural and private use as well.
Mr. Baden questioned if a plane would be stored there?
Mr. Kelder replied yes.
Mr. Baden questioned the Board if they should treat this as 2 separate applications, or review the subdivision and the flying field together?
Mr. Ullman felt it should be 2 separate applications.
The Board agreed that the Subdivision should be taken care of first. They believed that Planner review would be required for the flying field.
Mr. Baden motioned for an Unlisted Action with an Uncoordinated Review and the TORPB to be Lead Agency under SEQRA for the 5 lot subdivision. Seconded by Mr. Smith. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
NEW APPLICATION PRESENTATION
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
Mr. Medenbach was present with part owner in Vinci Farms, Claude Dal Farra.
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.
Mr. Baden was familiar with this type of business and questioned if they would be bringing in extra electric or generators?
Mr. Dal Farra answered that there would be no generators. They currently had 400 amp service and would be upgrading it to 800 amps. This studio would be mainly for the purposes of editing movies. They currently have a home occupation permit for a sound stage. It is in one of the basements.
Mr. Baden questioned if they would be dealing with remote vehicles for equipment? Camera trucks, lighting and dressing rooms?
Mr. Dal Farra answered no.
Mr. Medenbach noted that they put an item on the driveway and this summer would have it treated by something that will be approved by the DOT and EPA.
Mr. Baden noted that at the ZBA Public Hearing for the Use Variance there was concern about people driving larger vehicles be alerted that Van Demark Lane is residential and a small road.
Mr. Medenbach noted that Frank Kortright doesn’t have any problems getting in and out of there with his equipment. He comes up Clay Hill and makes the turn into the driveway without a problem.
Mr. Baden noted that as this property is in a County Ag District it will need to be sent back to the County.
Mr. Ricks questioned who lived in the residences on the property. Mr. Dal Farra noted that his partners, Jeremy and Kevin live in one of the houses and he lives in the main house, so he would be living on site..
Mr. Ricks questioned how many employees there would be?
Mr. Dal Farra noted that there would be 25-30 employees at a maximum and mostly between 5-10.
Mr. Baden questioned if the rest of the property would be used for any type of farming?
NEW APPLICATION PRESENTATION
VINCI FARMS (cont’d)– 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
Mr. Dal Farra stated that they have had horses that they have boarded last year and they aren’t sure if they are going to do that again.
Mr. Baden noted that the applicants submitted an Ag Data Statement with their Use Variance Application. They could use that for this application as well and it would also be sent with the referral to the County Planning Board. Mr. Baden noted that there is no signage proposed on the plans. If they were proposing any it should be shown.
Mr. Baden stated that since the ZBA did SEQRA he didn’t believe that the PB needed to do it.
Mr. Medenbach disagreed noting that each agency that takes an action does their own SEQRA Review and determinations.
Mr. Baden motioned to refer this application to the UCPB. Seconded by Chairman Tapper. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
Mr. Baden motioned for an Unlisted Action with an Uncoordinated Review and the TORPB to be Lead Agency under SEQRA for the 5 lot subdivision. Seconded by Mr. Rominger. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
Chairman Tapper motioned to set the Public Hearing for June 15, 2010. Seconded by Mr. Ricks. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
DECISION
10P5C- c/o Colin Houston, PLS, 2 lot subdivision, Project 32 Road, Tax Map # 76.4-3-15.115, R-5 District
Mr. Baden questioned if a new Road Maintenance Agreement (RMA) was needed due to the change in lot size?
Mr. Houston answered, no. There is no reference to the acreage of the lots so it is fine.
Mr. Ricks voted for approval of the 2 lot subdivision with the following conditions:
CONDITIONS:
1. The historic foundation found on lot 2 as described by Joseph E. Diamond, Ph.D. in his SEQRA Cultural Resource Investigation dated 12/31/08 for this subdivision shall be avoided during construction as recommended in his report.
2. Applicant shall file maps and previously reviewed Road Maintenance Agreement (RMA) with the Ulster County Clerk within 60 days of Chairman’s signature.
3. Applicant shall return three (3) filed copies of the map and one (1) filed copy of the RMA to the Town of Rochester Planning Board Secretary within 30 days of filing.
Seconded by Mr. Smith. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
DECISION
MICHAEL HERZOG– Minor Subdivision Approval for 3 lots, Stony Kill Road, Tax Map#76.4-3-5, R-2 District
Mr. Ullman commented on Mr. Herzog’s Engineer’s letter noting that it didn’t really sound professional. It also had the wrong date on it. This should be revised and the letter should state Mr. Mele’s professional opinion that the property could support a septic system, not “I think the property could support a septic system.”.
The Board agreed with this.
DECISION
MICHAEL HERZOG (cont’d)– Minor Subdivision Approval for 3 lots, Stony Kill Road, Tax Map#76.4-3-5 R-2 District
Mr. Baden motioned to approve the 3 lot subdivision for Herzog with the following conditions:
CONDITIONS:
1. The area labeled as “50’ Wide Access Easement” on the map dated April 28, 2010 shall be reserved for use as the access point from Stony Kill Road to Lot 2 travelling over the property labeled Lot 3. The area is to remain clear of any man-made encroachments or impediments to travel.
2. In accordance with 125-22(J) of the Town of Rochester Code, the applicant shall file a Statement of Release exempting the Town of Rochester from all responsibility of maintenance of the “50′ Wide Access Easement”. Evidence of shared arrangements for maintenance shall be provided in the form of deed covenants and a Road Maintenance Agreement (RMA) as described in 125-25(R) of the Town of Rochester Code, The RMA and Statement of Release shall be filed with and approved with the Attorney for the Town.”
3. Lot #2 shall be restricted from further subdivision; so long as the sole access runs through the 50’ Wide Access Easement as per 125-22(J) of the Town of Rochester Code.
4. Applicant shall file maps and approved RMA with the Ulster County Clerk within 60 days of the Chairman’s Signature.
5. Applicant shall return three (3) filed copies of the map and one (1) filed copy of the RMA to the Town of Rochester Planning Board Secretary within 30 days of filing.
6. The Applicant hereby agrees to be responsible for all costs and expenses incurred by the Town in connection with the RMA; including but not limited to, preparation of said agreements, engineering costs and attorney fees and inspection by the Town Superintendent of Highways. The Applicant acknowledges and agrees that said engineers, attorney and Highway Superintendent are acting on behalf of the Town and in addition, the Applicant may, if he so desires, obtain his own attorney or engineer.
7. The applicant shall provide a revised letter from a licensed engineer clearly stating that the Lot #2 is capable of supporting a septic system.
8. 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. Ullman. There was discussion on the wording of conditions, which were reflected in the above motion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
DECISION
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
The Board went over Part 2 of the EAF.
They checked the first question, “1. Will proposed Action result in a physical change to the project site?” as ‘yes, small to moderate’.
Mr. Baden motioned for a Negative Declaration under SEQRA noting that the Board checked a small to moderate impact for question #1, but it was minimal and any impacts would be mitigated by the applicant. Seconded by Mr. Ullman. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
The Board reviewed draft conditions as prepared by Mr. Baden and Chairman Tapper.
Mr. Baden motioned to approve the requested waiver by the applicant dated April 21, 2010 from Section 140-17 for 24’ wide parking aisles instead of 25’. Seconded by Chairman Tapper. No discussion.
Vote:
Tapper: Yes Ricks: Yes
Smith: Yes Kawalchuk: Absent
Ullman: Yes Rominger: Yes
Baden: Yes Calan, Alt: Absent (not required to participate)
Motion carried.
Mr. Ricks motioned to approve the application for Belliman Retail with the following conditions:
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.
1. All existing conditions and improvements; including but not limited to parking, grading, landscaping, lighting, and signage; as depicted on the Site Plan maps dated 4/21/2010, 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. Any deviation from the Site Plan maps shall require Code Enforcement Officer determination.
2. Any proposed actual use of the property shall be referred to the Code Enforcement Officer for a determination that the use qualifies under the definition of the approved “Retail and Service Establishment (non auto) use and requires no further approvals prior to the issuance of a Certificate of Occupancy.
3. Applicant has submitted proof of approval by the Ulster County Health Dept. for the adequacy of the septic system for usage up to 300 gallons per day. Any use which exceeds 300 gallons per day shall require proof of Ulster County Health Dept. Approval.
4. The area reserved for use as “Retail” shall be limited to 5,950 square feet. Any additional retail square footage area shall require a determination by the Code Enforcement Officer if further approval is required.
5. Silt fencing and areas of disturbance as depicted on the Site Plan maps dated 4/21/2010 shall be maintained during construction to ensure protection of the mapped wetland areas.
6. Prior to the issuance of a Certificate of Occupancy the following conditions must be met:
a. Applicant shall submit a check or money order in the amount of $8.34 as per section 140-48 of the Town of Rochester Zoning Ordinance for the fees to publish the Notice of Hearing in the Shawangunk Journal as well as postage for mailings to bounding owners.
b. The escrow account must be paid in full.
Seconded by Mr. Smith. Chairman Tapper added in condition #1 at this time.
Vote:
Tapper: Yes Ricks: Yes
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 discussed conditioning the need for the directional sign to the yoga studio, the clarification of the size of the existing septic tanks on the plans and the removal of 4 parking spaces nearest the shared driveway. They instructed the secretary to contact the applicant and advise her of the revisions required and the Board would give a decision based on those revisions at the June meeting.
OTHER MATTERS
The Board discussed having a work shop meeting to discuss the proposed revised subdivision applications and the County Charter that the Town never signed. They would figure out a time that a meeting would work for everyone over the course of the week and advertise it.
ADJOURNMENT
Mr. Baden motioned to adjourn, seconded by Mr. Smith. No discussion. All members present in favor.
As there was no further business, at 11:00 PM, Chairman Tapper adjourned the meeting.
Respectfully submitted,
Rebecca Paddock Stange, Secretary