Planning Board Minutes April 2011

MINUTES OF April 19, 2011 Regular MEETING of the Town of Rochester PLANNING BOARD, held at the Town Hall, Accord, NY.
 
Chairman Baden called the meeting to order at 7:00 PM and asked for roll call attendance.

 

PRESENT:                                                        ABSENT:
        Michael Baden, Chairman                                 Melvyn I. Tapper        
Shane Ricks, Vice Chairman                                      
        Fred O’Donnell- arrived at 7:05PM                                                       
        Leon Smith
Robert Rominger
Anthony Ullman

 

Also present:
Town Planner, Timothy Moot, from CPL was present for the Streamside Estates Application.
Alternate, Adam S. Paddock was in the audience.
ANNOUNCEMENTS
Trainings
Chairman Baden noted that there is a training Monday April 25th. It is 1.5 hours and if anyone is interested in going, speak to the Secretary to get signed up. It’s called “An Evening With the Fellows- Financing Smart and Sustainable Place Making”. 7:30-9:00pm.

 

ACTION ON MINUTES
The minutes for March 29, 2011 were not completed yet, but they did have the March 15, 2011 minutes. There were a couple of corrections that Chairman Baden brought to the Secretary’s attention. On Page 12- Delete everything after the first “Discussion”. On Page 18 it should read “Now”, not “Note”. Mr. Ullman pointed out that there were some errors in regards to his attendance. In light of these corrections, the Board tabled the minutes until May.

 

CONTINUED APPLICATION and CONTINUED PUBLIC HEARING
STREAMSIDE ESTATES– Major Subdivision for 7 lots, Cherrytown Road, Tax Map #67-2-43.141, ‘AR-3’ Zoning District

 

Mr. Medenbach was present on behalf of the application.

 

Chairman Baden noted that what has transpired since the March 15, 2011 meeting is that the applicant has submitted a new set of maps, a comment letter dated April 5, 2011 in response to the various comments made by the Board and the Planner over the past several meetings. They also revised and resubmitted the SWPPP dated April 5, 2011. The Negative Declaration was published in the Environmental Notice Bulletin from the DEC’s Website. It was published incorrectly on March 23, 2011 and was corrected and re-published on March 30, 2011.
CONTINUED APPLICATION and CONTINUED PUBLIC HEARING
STREAMSIDE ESTATES (cont’d)– Major Subdivision for 7 lots, Cherrytown Road Tax Map #67-2-43.141, ‘AR-3’ Zoning District

 

Mr. Medenbach noted that they didn’t change anything as far as the plan goes. They added the stand pipe that the Fire Dept. requested at the existing pond at the Mobile Home Park site and piped it over at level elevation to the access road. They showed that the road as requested by the Fire Dept. would be 25’ for the first 200’ in and designated a pull off area at lot #2 as they requested. They corrected the reference to the FEMA Map. They had referenced the old FEMA Maps because this project has been going on so long. Nothing really changed because the FEMA designate this area as a Zone A which is not detailed. It’s always been that way and still remains that way. They have previously delineated the actual 100 year flood level through this site when it was a Mobile Home application. They updated that and have recently submitted it to FEMA so that they can get a letter of map amendment where they will acknowledge the elevations and that becomes important when people build houses and finish them and are requested to get flood insurance on each of these lots because there is a flood hazard area on the lot. But because they demonstrate that the building is above the flood level, their premium would be substantially lower- so there is a good benefit to that. That will take months to come back.

 

Chairman Baden questioned if they received an acknowledgement or anything that FEMA received that request?

 

Mr. Medenbach didn’t think that they did that. It’s almost like a black hole that you throw it into. Sometimes you get a phone call, but it takes a long time. It’s not like a process where they send you out a receipt. They encourage it to be done online. This one is a little more complicated than that though. Also the Tax ID number on the map had a typo in it that they fixed. There was also a request to show an easement through the Mobile Home Park for emergency access. They also indicate that a Home Owner’s Association (HOA) will be prepared according to the Town’s requirements for the road and the Stormwater.

 

Chairman Baden turned the discussion over to Tim Moot, Town Planner.

 

Mr. Moot questioned if the Fire Depts. comments have been satisfied—he wasn’t sure if the Board wanted to see it closed formally?

 

Chairman Baden didn’t think that it was necessary. The Fire Dept. commented on what they wanted, and the applicant agreed to it. He felt that was as formal as they needed. They have a written request from the Fire Dep’t. that is being honored.

 

Mr. Moot noted in terms of FEMA that he thought it was important that they review and formally acknowledge this letter of amendment in terms of the flood plain because if they disagree with the information presented it could change the site plan.

 

Mr. Medenbach requested that that be done between Preliminary and Final Approval. They aren’t going to build anything out there. Once they get Preliminary Approval he needs to go to the Health Dept. and get them out to inspect all of the lots and do perc tests and design review and that’s going to take at least 3-6 months before they come back for final. Before that time they hope to hear back from FEMA.
CONTINUED APPLICATION and CONTINUED PUBLIC HEARING
STREAMSIDE ESTATES (cont’d)– Major Subdivision for 7 lots, Cherrytown Road Tax Map #67-2-43.141, ‘AR-3’ Zoning District

 

Chairman Baden noted that on worst case scenario- what if FEMA comes back and says we don’t accept what you presented and what we have is correct—would the applicant then have to change any of the roads or the lots?

 

Mr. Medenbach answered yes. It would change the plan and they would have to present another layout.

 

Chairman Baden noted that he met with the Town Attorney, Mary Lou Christiana. She gave the Chairman the okay to divulge the conversation. She could not attend this meeting because she is on vacation, so he met with her earlier. She had a concern about the FEMA and had the opinion that the Board should not issue an approval until FEMA signs off on it only because the potential exists that if FEMA doesn’t sign off on it could change the layout of the lots and the road. Her concern is if the Board issues Preliminary Approval and the road starts being built and FEMA says, no you can’t build there, the Board doesn’t want to get in that situation to have to back track.

 

Mr. Medenbach pointed out that he has done many flood plain studies with this type of revision to FEMA – some substantially bigger than this. He’s never had one come back where they’ve had substantial changes. He also wanted to point out that the flood study that was prepared in 2003 was reviewed by the PB consultant at that time and he felt it was adequate. This would really delay the project and the Health Dept. doesn’t want to get involved until they have Preliminary Approval, so if the applicant doesn’t hear back from FEMA until September or October now he’s dealing with the Health Dept. going into the winter.

 

Chairman Baden was putting this out to the Board to consider. This was the Town Attorney’s concern.

 

Mr. Ricks noted that the biggest concern was that the applicant might start building the road?

 

Mr. Medenbach noted that they have no intention of building the road right now and they’ll put that right in there—they won’t start construction of the road until they come back and have at least Conditional Final Approval.

 

Chairman Baden stated that would probably cover it.

 

Mr. Moot continued his comments. He noted that they have also talked about HOA’s. He understood they would be done as a condition of Conditional Preliminary Approval. Somewhere there was a reference to a natural swale on the plans being relied upon. It’s listed on site plan page G-P1. He wanted to make sure that there was an easement provided.

 

Mr. Medenbach noted that they intended to do that. He understood.

 

Chairman Baden noted that another thing that the Town Attorney pointed out was that there needed to be easements for all of the Stormwater areas. They also needed to show an easement for access to it because they need to be maintained. She had the same comment for the dry hydrant—an easement and an easement for access.

 

CONTINUED APPLICATION and CONTINUED PUBLIC HEARING
STREAMSIDE ESTATES (cont’d)– Major Subdivision for 7 lots, Cherrytown Road Tax Map #67-2-43.141,  ‘AR-3’ Zoning District

 

Mr. Moot continued to note his comments. Mr. Medenbach revised lot 3 and moved the well. The rest of them are technical comments on the revised SWPPP.

 

Mr. Medenbach didn’t really have any great concerns and would address the comments. At the end of the letter it seems that CPL is just looking for clarification of a lot of things.

 

Chairman Baden noted that it appears that a lot of the comments were addressed. The Board would leave the rest of the unanswered comments up to the applicant to address and resubmit.
Chairman Baden referred back to the Town Attorney’s advice in regards to the Fire Dept. She suggested that the Fire Dept. pull off should actually be shown and not just an indication.

 

Mr. Medenbach doesn’t have a dimension. The Fire Dept. just said to create a pull off alongside lot #2.

 

Chairman Baden noted that he will follow up and get a dimension. He thought they requested 50’.

 

Mr. Medenbach noted that they didn’t specify what 50’ was—he was pretty sure they meant 50’ long, but if so they didn’t indicate how wide.

 

Chairman Baden requested what Mr. O’Donnell’s feedback was since he had a background in fire safety.

 

Mr. O’Donnell noted that their trucks are 44’ long and the truck itself from mirror to mirror is 10’ wide.

 

Chairman Baden questioned if a 15’ by 50’ pull off be adequate?

 

Mr. O’Donnell noted that 15’ would definitely get them off to the side, but 50’- if you cut it in you could probably get it in there.

 

Mr. Medenbach questioned what the intent is for the pull off?

 

Mr. O’Donnell answered so that you could get trucks past each other.

 

Mr. Medenbach questioned if there was a road that was 25’ wide they wouldn’t need the pull off?

 

Mr. O’Donnell noted that you shouldn’t need a pull off on a 25’ wide road.

 

Mr. Medenbach stated that was what he was trying to point out. They have a 25’ wide road. He didn’t think that they need the pull off. He thinks that the Fire Dept. Thinks that this is a one lane road and you need to pull over to let another truck pass. This road now is going to be wider than Cherrytown Road that it comes off of.

 

Chairman Baden noted that the Fire Dept. had a set of the drawings and this was their comment.

 

CONTINUED APPLICATION and CONTINUED PUBLIC HEARING
STREAMSIDE ESTATES (cont’d)– Major Subdivision for 7 lots, Cherrytown Road Tax Map #67-2-43.141,  ‘AR-3’ Zoning District

 

This was why Mr. Medenbach just put a note on the plan for now. Whatever the Fire Dept. wants, they will do, but he thinks when they take a hard look at it they will realize that the road is so wide they won’t need a pull off.

 

Chairman Baden noted that he could send a follow up letter saying that based on the 25’ width of the road if they still needed that pull off.

 

Mr. Moot noted that this was why he was wondering if they wanted something formal from the Fire Dept. to close the loop on this matter.

 

Chairman Baden noted that for Final Approval, the Town Attorney said that the Board would need to determine with the Fire Dept. the method of closing off that emergency access so that it wasn’t accessible to the public. They would clarify that before Final Approval.

 

Mr. Ullman questioned if the pull off on lot #2 was proposed where the road is 25’ wide? He would think it would make sense if they wanted it in the area where it was smaller, but if they wanted it by lot #2…

 

Chairman Baden noted that lot #2 was where it was suggested by the PB to the Fire Dept.

 

Mr. Ullman thought it would make sense if the pull off was proposed to be outside of the area that wasn’t 25’. Where it’s 25’ it doesn’t make a lot of sense.

 

Mr. Medenbach noted that then it goes down to 24’. They have 2’ shoulders and an 18’ road—so its 22’ wide. 22’ is plenty wide enough for 2 vehicles to pass.

 

Mr. O’Donnell noted that they wouldn’t want to put one of those big trucks on one of those shoulders. He knows that he wouldn’t do it and neither would anyone in his department.

 

Mr. Medenbach noted that you wouldn’t have to go off of the road. The shoulder is part of the road. There is really no difference in this specification. Its all the same material all the way across. They say 18’ traveled lane for cases where you pave it, but here it’s the same material being used for the whole width. So, technically they are building a 22’ road, but the Town’s Code says 18’ traveled lane, but when you physically look at it there will be 22’ of the same material for the whole width. Its wider than many of the Town Roads.

 

Chairman Baden would clarify this with the Fire Chief one more time and they would go from there and try and get a definitive answer from them. Unfortunately trying to get answers from them is a little difficult sometimes.

 

Chairman Baden questioned if the road was drawn wider at the top in these new drawings? It looked to him that it was the same.

 

Mr. Medenbach noted that it was very hard to tell at that scale because its very small.
CONTINUED APPLICATION and CONTINUED PUBLIC HEARING
STREAMSIDE ESTATES (cont’d)– Major Subdivision for 7 lots, Cherrytown Road Tax Map #67-2-43.141,  ‘AR-3’ Zoning District

 

Chairman Baden just wanted to make sure that the width was on the drawing. He also questioned if the proposed dry hydrant was going to be shown on the main site plan?

 

Mr. Medenbach noted that there is so much information on the site plan that there really isn’t enough room to put everything. That’s what the other detail sheets of the site plan are for.

 

Chairman Baden noted that the other comment that the Town Attorney had was more for Final Approval. He asked the question as to who certifies that the Stormwater is done correctly. Because the DEC doesn’t need to approve this, the Town Attorney suggested that an escrow account be created for the Town Engineer to review both the private road and the Stormwater and make sure its actually built the way that it says its going to be built. That would be once it was given Preliminary Approval. Mr. Moot says that his office traditionally asks for 2-4% of construction costs for that escrow account. This would be something for the Board to consider as a condition of Preliminary Approval. Otherwise the Town has no other recourse to verify that its done correctly.

 

Mr. Medenbach noted that the other recourse is to get a certification that its completed. They do that all the time.

 

Chairman Baden questioned if Mr. Moot felt that this project could be checked just at the end and signed off on?

 

Mr. Moot noted that as part of the certification they would want to see it during the stages of construction and at final. Its not overly complicated, but they’d want to see it as it was constructed.

 

At 7:32 Chairman Baden opened the Hearing to the Public.

 

There was no public comment.

 

It was the Board’s discretion as to what to do next. They could close the Public Hearing and they would have to render a decision within 62 days. They can chose to leave it open until some other issues are resolved. Its up to the Board.

 

Mr. Ricks noted that the only thing that sounded like anything that would hold anything up would be the FEMA. He understood from listening to Mr. Medenbach that they usually accept what he does, but the Health Dept. is going to take 3-6 months they could just make it a condition at the end.

 

Chairman Baden noted that from looking at what FEMA says is the flood plain and from what is on the drawing it looks like lot 7 is the one lot that has the significant potential issue, so they could make it a condition that no clearing or disturbance can happen in that area until FEMA answers.

 

Mr. Medenbach noted that they weren’t’ going to be building anything until after they received Health Dept. approval and come back for Final Approval. They didn’t have a problem saying that there would be no construction until Conditional Final Approval.

 

CONTINUED APPLICATION and CONTINUED PUBLIC HEARING
STREAMSIDE ESTATES (cont’d)– Major Subdivision for 7 lots, Cherrytown Road Tax Map #67-2-43.141,  ‘AR-3’ Zoning District

 

At 7:35, Mr. Ricks motioned to close the Public Hearing. Seconded by Mr. Smith. No discussion.
Vote:
Baden:  Yes                                                     Tapper: Absent
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Yes                                                     Ricks:          Yes
Smith:          Yes

 

Motion carried. 6 ayes, 0 nays, 1 absent

 

Chairman Baden noted that with all that was involved with this subdivision he needed another month to prepare a draft decision for the Board to consider for Preliminary Approval. He would get in touch with the Fire District regarding the lot pull off and what the specific dimensions might be.

 

Mr. Moot would like to see the SWPPP comments addressed.

 

The Board agreed that Chairman Baden could contact the Fire District on his own to resolve it.

 

CONTINUED APPLICATION, SEQR DETERMINATION, and PUBLIC HEARING
IAN READ– Minor Subdivision for 3 lots, 4753 Route 209, Tax Map #69.3-3-27.200, ‘B’ Zoning District

 

Mr. Read was present on behalf of his application.

 

Chairman Baden noted that the Board received revised plans dated April 5, 2011. The house and access to the adjacent front parcel are now shown on the plan as requested. This is the lot owned by Jaffe as indicated on the plan. That lot is accessed from Mr. Read’s driveway on Route 209 and has a deeded easement over Mr. Read’s property. The Town Attorney feels that because Mr. Jaffe’s lot has its own road frontage on Route 209 the fact that this driveway will technically service 4 lots will not be a problem in regards to driveway versus the need for a private road. The Town Attorney also pointed out that if you look at the map the lot lines are not drawn to the center of Route 209, they stop short of the road. She just wants to make sure that Route 209 is its own parcel and that is why. Chairman Baden noted that they just needed to make sure that Mr. Kambouris’ property didn’t wrap around this parcel. He was pretty sure it didn’t.

 

Mr. Ricks confirmed this saying the Town roads are owned to the center, but the State Road isn’t that way. Mr. Ricks also pointed out that Lots 1 & 2 needed a right of way over lot over Lot 3 to be able to go over Lot 3. Just looking at the map looks like its landlocked if Lots 1 & 2 aren’t given a right of way.

 

CONTINUED APPLICATION, SEQR DETERMINATION, and PUBLIC HEARING
IAN READ (cont’d)– Minor Subdivision for 3 lots, 4753 Route 209, Tax Map #69.3-3-27.200, ‘B’ Zoning District

 

Chairman Baden also noted that a Road Maintenance Agreement (RMA) needed to be submitted because Lots 1 & 2 were going over Lot 3 to access. The language for that will be covered in the Board’s decision. Because Lots 1 & 2 do not have road frontage, under the Town Code they are restricted to residential use only even though they are in a business district. Lot 3 may remain commercial because it does have road frontage. He recommended that the applicant request his surveyor to make a notation on the map stating that the parcel does have road frontage on Route 209 and the reason is because Route 209 is its own parcel. The PB Secretary has already sent Mr. Brewer, Mr. Read’s surveyor, paperwork on the RMA. It will need to be approved by the Town Attorney and the applicant is responsible for the cost of the review. It will also need to be filed with the County in addition to the subdivision map. He will also need to make a notation on the map itself of the RMA and the notation will also need to say that Lots 1 & 2 will need to remain residential. The applicant also needs to submit the DOT approval for the driveway even though it is an existing driveway. There will also need to be a note to the plans that the lots couldn’t be further subdivided unless the lots had their own road frontage or unless the driveway was brought up to private road standards.

 

At this time the Board reviewed Part 2 of the Short Form for SEQRA. All items were checked as ‘no’.  

 

Mr. Ricks motioned for a Negative Declaration under SEQRA. Seconded by Mr. Rominger. No discussion.
Vote:
Baden:  Yes                                                     Tapper: Absent
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Yes                                                     Ricks:          Yes
Smith:          Yes

 

Motion carried. 6 ayes, 0 nays, 1 absent
At 7:50 Mr. Baden called the Public Hearing open.

 

Mr. Read explained that he has a minor 3 lot subdivision at 4753 Route 209 in Accord.

 

Chairman Baden added that it is one existing lot being converted to 3 lots with a shared driveway. One of the lots has an existing house on it, one lot has a garage on it, and the driveway is already in place and has been.

 

Maureen Ryan of Pine Ridge Lane was recognized to speak. Ms. Ryan questioned if lot 3 could be resubdivided and what is the maximum it could be subdivided?

 

Chairman Baden noted that it would either need another 50’ of road frontage or the road would need to be upgraded from a driveway to a private road to further subdivide and because it only has about 50’ of road frontage it cannot be resubdivided.
CONTINUED APPLICATION, SEQR DETERMINATION, and PUBLIC HEARING
IAN READ (cont’d)– Minor Subdivision for 3 lots, 4753 Route 209, Tax Map #69.3-3-27.200, ‘B’ Zoning District
At 7:53 Mr. Ullman motioned to close the Public Hearing, seconded by Mr. Smith. No discussion.
Vote:
Baden:  Yes                                                     Tapper: Absent
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Yes                                                     Ricks:          Yes
Smith:          Yes

 

Motion carried. 6 ayes, 0 nays, 1 absent

 

Chairman Baden noted that he had prepared a DRAFT DECISION for Conditional Final Approval for IAN READ for the Board’s consideration as follows:

 

Documents considered by the Planning Board for review:
  • Zoning Permit for Minor Subdivision dated 3/15/2010.
  • Planning Board Subdivision application #11-02SBD dated 3/02/2011.
  • Site Plan dated 2/28/2011 as prepared by Donald L. Brewer, PLS received dated 3/01/2011.
  • Revised Site Plan dated 4/05/2011 as prepared by Donald L. Brewer, PLS received dated 4/06/2011.
  • Ulster County Parcel Viewer Site Map as prepared by T/Rochester Planning Board
  • Minutes of April 20, 2010 T/Rochester Planning Board meeting pre-application presentation by Ian Read.
  • Letter from T/Rochester Planning Board Chairman to Donald Brewer RE: shared driveway dated 3/30/2011.
  • Bargain and Sale Deed conveying parcel to Ian Read received dated 4/11/2011.
  • Memo from T/Rochester Planning Board Chairman to Planning Board members RE: synopsis of April 15, 2011 meeting with Planning Board attorney dated 4/16/2011.
        *                       *                       *                       *

 

Facts Established by the Planning Board:
  • The parcel location is 4753 Route 209, Tax Map#:  69.3-3-27.200
  • The parcel is in the Town of Rochester ‘B’ zoning district.
  • The parcel is +/- 11.297 acres.         
The parcel is owned by Ian Read.
  • The application was referred by the Code Enforcement Officer for Minor Subdivision review on March 15, 2010.
  • The applicant proposes to subdivide the +/- 11.297 acres into 3 lots utilizing an existing drivewaywith the following acreages: Lot #1:+/-3.606 Acres, Lot #2:+/-3.000 Acres, Lot #3:+/-4.691 Acres.
  • The parcel contains existing improvements of a house on proposed Lot #1, a garage on proposed Lot #3, and a driveway.
  • There is an existing easement allowing 30’ wide right-of-way access for the residence on Lot #1 crossing an adjacent parcel (Tax ID #69.3-3-3-27.100).   
  • The parcel has road frontage on US Highway Route 209.  NYSDOT has jurisdiction over this roadway.  The applicant has been notified NYSDOT driveway access approval must be secured.
  • The applicant held a Pre-Application meeting with the Planning Board April 20, 2010 where use of the adjacent private road to access parcels was discussed.  This was rejected due to the existing driveway and the applicant’s indication NYSDOT had no issues with the access.
  • The applicant proposes a shared driveway to access Lot #1 and Lot #2.
  • Shared driveway access is allowed under §125-22(J) of the Town of Rochester Code so long as the lots without road frontage are restricted to residential use only and no further subdivision.  
  • The application was determined to be exempt from Ulster County Planning Board review under the exception agreement and that the shared driveway did not necessitate Town Planner review.
  • Planning Board attorney advises a Road Maintenance Agreement must be established and filed with Ulster County for the shared driveway.  The Planning Board attorney must approve the agreement.

DRAFT DECISION for IAN READ Conditional Final Approval for the Board’s consideration as follows:
DRAFT CONDITIONS:  
CONDITIONS:  
  • This Conditional Final Approval shall expire within 180 days unless conditions #3 – #8 are satisfied and certified as complete.  This period may be extended for two additional 90 day periods upon application to and resolution by the T/Rochester Planning Board.  
  • Final Approval shall be considered at a meeting of the Planning Board and determined by resolution upon application and proof of satisfactory completion of conditions #3 – #8.
  • Lots #1 and #2 shall be restricted to residential use only and shall be restricted from further subdivision; so long as the sole access runs through the 50’ Wide Right-of-Way as per
§125-22 (J) of the Town of Rochester Code.
  • 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 Right-of-Way for Lot#1 and Lot#2 over lands of Lot#3. Evidence of shared arrangements for maintenance shall be provided in the form of deed covenants and a Road Maintenance Agreement (RMA) as described in §125-29(R) of the Town of Rochester Code, The RMA and Statement of Release shall be filed with and approved by the Attorney for the Town.
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.
  • Applicant shall file approved RMA with the Ulster County Clerk and shall return one (1) filed copy of the RMA to the T/ Rochester Planning Board.
  • An approved driveway permit from the NYS Dept. of Transportation (NYSDOT) shall be secured and one (1) copy filed with the T/Rochester Planning Board.  All NYSDOT conditions of approval shall be made a part of this approval.   
The Subdivision Plan shall be revised prior to Final Approval to include:
  • The location address and the Tax ID # of the parcel in the title block.
  • A plan reference note indicating the filed Road Maintenance Agreement.
  • A plan reference note indicating Lots #1 and #2 shall be restricted to residential use only and shall be restricted from further subdivision; so long as the sole access runs through the 50’ Wide Right-of-Way as per §125-22 (J) of the Town of Rochester Code.
  • A plan reference note: “This property may border a farm, as defined in Chapter 75 of the Town of Rochester Code. Residents should be aware that farmers have the right to undertake farm practices which may generate dust, odor, smoke, noise, and vibrations and which may involve insecticides, herbicides, pesticides, etc.”
  • All Local, County, State, and Federal Codes shall be complied with.
  • There shall be no on-street parking.   
  • Ulster County Health Dept. approval shall be secured prior to the issuance of any residential building permits by the Code Enforcement Office.
  • Any and all fees due to the Town of Rochester involving this application must be paid in full prior to the Chairman’s signature on the Subdivision Final Plan.
  • The Subdivision Final Plan bearing the Chairman’s signature shall be filed in the office of the Ulster County Clerk within 60 days of Final Approval. Applicant shall return three (3) filed copies of the Subdivision Plan to the Town of Rochester Planning Board secretary within 30 days of filing.
Mr. Ricks requested that it be shown on the plan that Lots #1, #2 and the adjacent parcel referenced as Tax ID #69.3-3-3-27.100 had rights of ways over Lot #3 for access.

 

Chairman Baden requested that the applicant also revise the plan to show that the parcel has road frontage on Route 209.

 

DECISION#PB 2011-02SBD  ON IAN READ 3 LOT SUBDIVISION:

 

Mr. Ricks motioned to grant Conditional Final Approval for the Ian Read 3 Lot subdivision. Seconded by Mr. Ullman. No discussion.
Vote:
Baden:  Yes                                                     Tapper: Absent
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Yes                                                     Ricks:          Yes
Smith:          Yes
Motion carried. 6 ayes, 0 nays, 1 absent
CONDITIONS:  
  • This Conditional Final Approval shall expire within 180 days unless conditions #3 – #8 are satisfied and certified as complete.  This period may be extended for two additional 90 day periods upon application to and resolution by the T/Rochester Planning Board.  
  • Final Approval shall be considered at a meeting of the Planning Board and determined by resolution upon application and proof of satisfactory completion of conditions #3 – #8.
  • Lots #1 and #2 shall be restricted to residential use only and shall be restricted from further subdivision; so long as the sole access runs through the 50’ Wide Right-of-Way as per §125-22 (J) of the Town of Rochester Code.
  • 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 Right-of-Way for Lot#1 and Lot#2 over lands of Lot#3. Evidence of shared arrangements for maintenance shall be provided in the form of deed covenants and a Road Maintenance Agreement (RMA) as described in §125-29(R) of the Town of Rochester Code, The RMA and Statement of Release shall be filed with and approved by the Attorney for the Town.
  • 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.
  • Applicant shall file approved RMA with the Ulster County Clerk and shall return one (1) filed copy of the RMA to the T/ Rochester Planning Board.
  • An approved driveway permit from the NYS Dept. of Transportation (NYSDOT) shall be secured and one (1) copy filed with the T/Rochester Planning Board.  All NYSDOT conditions of approval shall be made a part of this approval.   
  • The Subdivision Plan shall be revised prior to Final Approval to include:
  • The location address and the Tax ID # of the parcel in the title block.
  • A plan reference note indicating the filed Road Maintenance Agreement.
  • A plan reference note indicating a 50’ Wide Right-of-Way for access to Lots #1 and #2 over lands of Lot#3 via the shared driveway.
  • A plan reference note indicating Lots #1 and #2 shall be restricted to residential use only and shall be restricted from further subdivision; so long as the sole access runs through the 50’ Wide Right-of-Way as per §125-22 (J) of the Town of Rochester Code.
  • A plan reference note indicating the Right-of-Way over lands of Lot #3 to access the adjacent parcel known as Tax ID #69.3-3-3-27.100.
  • The parcel boundary line of US Highway Route 209 shall be extended North and South to clarify the metes and bounds of the parcel to be subdivided and the adjacent parcel Tax ID #69.3-3-3-27.100.      
  • A plan reference note bearing the statement “This property may border a farm, as defined in Chapter 75 of the Town of Rochester Code. Residents should be aware that farmers have the right to undertake farm practices which may generate dust, odor, smoke, noise, and vibrations and which may involve insecticides, herbicides, pesticides, etc.”
  • All Local, County, State, and Federal Codes shall be complied with.
DECISION#PB 2011-02SBD  ON IAN READ 3 LOT SUBDIVISION conditions cont’d:

 

  • There shall be no on-street parking.   
  • Ulster County Health Dept. approval shall be secured prior to the issuance of any residential building permits by the Code Enforcement Office.
  • Any and all fees due to the Town of Rochester involving this application must be paid in full prior to the Chairman’s signature on the Subdivision Final Plan.
  • The Subdivision Final Plan bearing the Chairman’s signature shall be filed in the office of the Ulster County Clerk within 60 days of Final Approval. Applicant shall return three (3) filed copies of the Subdivision Plan to the Town of Rochester Planning Board secretary within 30 days of filing.

Chairman Baden noted that whenever the applicant meets his conditions, the application will be placed on the agenda for the next available meeting for the Board to sign off on.
NEW APPLICATION
BETH AND LEON SMITH–    Minor Subdivision for 2 lots, Trotter Lane, Tax Map #76.2-2-27.13. ‘AR-3’ Zoning District

 

Mr. Leon Smith recused himself from the Board as this was his application.

 

As Mr. Smith recused himself, Chairman Baden appointed the alternate, Mr. Paddock, to take Mr. Smith’s seat on the Board.

 

Chairman Baden noted that the Town Attorney has noted that should she has to recuse herself from this application as Mr. Smith is her client. She recommended an Attorney to use, however Chairman Baden didn’t think the Board would need to consult with her on this application.

 

Chairman Baden pointed out that the flood plain has changed since the last time this property was in front of the Board in 2005. Mr. Smith would need to have his surveyor update it. The UC Parcel viewer also is showing a Federal Wetland, although sometimes the Parcel Viewer picks up water as wetlands.

 

Mr. Smith noted that the area in which Chairman Baden was referring to was all fields.

 

Chairman Baden understood, but suggested having Mr. Smith’s surveyor go to the Federal Wetland Maps online and just to have him double check.

 

Mr. Smith noted that he is creating 2 lots out of one. He is taking +/-30 acres and taking a +/-5 acre lot off of it for future use. The driveway for the second lot that they are proposing is already there. It connects to the private road already. There is a mistake on the map for the boundary line for the second lot. The surveyor needs to revise it.

 

Chairman Baden noted that the surveyor is calling the main lot parcel 3 and the proposed lot parcel 4 as the original lot was split into 3 lots in 2005 and is now splitting another lot off of that. Chairman Baden also noted that Private Road, Trotter Lane, which these lots have access to is already existing and the Town has an existing RMA for this. Mr. Smith’s surveyor should reference this on the plans. The ‘Right to Farm’ note also needed to be added to the plan. Chairman Baden also suggested to Mr. Smith to have his surveyor verify the tax map information and to include the correct Tax Map ID #s on the plan.

 

NEW APPLICATION
BETH AND LEON SMITH (cont’d)–   Minor Subdivision for 2 lots, Trotter Lane, Tax Map #76.2-2-27.13. ‘AR-3’ Zoning District

 

Mr. Ricks confirmed that part of Trotter Lane was on Mr. Smith’s property and part of it was on Schoonmaker’s property.

 

Mr. Smith confirmed this noting that Schoonmaker owns the Private Road and Mr. Smith has a deeded right of way over it. Mr. Schoonmaker uses Mr. Smith’s driveway to access his field and he has a deeded right of way as well.

 

Mr. Ricks questioned what the dotted line was on the Private Road?

 

Mr. Smith noted that this was where the Private Road ended and became a driveway. He will also be adding an easement for the utilities to cross over to proposed lot #4. The other easement that the surveyor didn’t put on was from the pond that overflows into a creek that crosses the new lot. There will be an easement to allow that flow just incase there are any problems.

 

Mr. Rominger questioned if there would be a culvert?

 

Mr. Smith noted that there is one existing. Its shown on the map. The easement will go through the culvert and the easement will stay with Lot #3.

 

Chairman Baden noted that this will need to be referred to the UCPB as it is in a County Ag District.

 

Mr. Rominger motioned to refer the application to the UCPB, seconded by Mr. Ullman.
Discussion:
Chairman Baden thought that it would be better to send the revised maps to the County.
Mr. Smith agreed that he’d like to wait to send it until the map is revised. He was in no hurry. He would try and have them for the next meeting.
Chairman Baden agreed it would be good to wait.
Mr. Rominger rescinded his motion to send the application to the UCPB, seconded by Mr. Ullman.
Mr. Ricks motioned for an Unlisted Action under SEQRA, seconded by Mr. Rominger. No Discussion.
Vote:
Baden:  Yes                                                     Tapper: Absent
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Yes                                                     Ricks:          Yes             
Paddock:        Yes

 

Motion carried. 6 ayes, 0 nays, 1 absent

 

At 8:20 Mr. Smith sat back at his spot on the Board and Mr. Paddock, Alternate, sat back in the audience.

 

OTHER MATTERS

 

UPDATE ON COORDINATION BETWEEN OUTSIDE AGENCIES ON APPROVALS
Chairman Baden noted that he spoke very briefly with the Town Attorney on this. She would like the Board to require actual copies of any approvals from any other agencies. She doesn’t feel full sets of approved plans from the Health Dept., for example, should be required- but the approvals. She also said that the PB should condition that any approvals that come after the PB’s approvals become a part of the PB approval. For instance, any DOT conditions that may arise after the PB gives approval will become a part of the PB approval.

 

MEETING DATE CHANGE
Chairman Baden noted that the meeting date change will begin in June and the PB will begin in June to meet on the second Tuesday of the Month. June 14, 2011 will be the first one.

 

TRAINING
Chairman Baden will continue to pursue with the Town Attorney and the Planner to have the PB hold its own training. Supervisor Chipman is open to the idea and would like to try and keep costs minimal. They may be able to open it up to other Town’s and charge a nominal fee.

 

STREAMSIDE ESTATES FIRE TRUCK PULL OFF
Mr. Smith noted that in regards to the Fire Dept, it seems like the PB is always holding people up and having a hard time getting answers. Can’t the Fire Dept. delegate someone else to do that? An Assistant Chief?

 

Mr. O’Donnell noted that the problem is that this Chief is new and he just needs to learn to manage and delegate certain things. There is a learning curve and its his responsibility.

 

Chairman Baden noted that they actually have more communication now than they ever have with the Fire Dept. He wasn’t sure that this was really holding the applicant up this time because there are other things that they are working on. He did agree that they need to get a better communication with the Fire Dept.

 

Chairman Baden’s personal feeling was that a pull off was necessary. He felt that the road meets the very minimum for two trucks to pass by.

 

Mr. O’Donnell noted that Kerhonkson’s trucks are bigger than the 18’ and in reality, if there is anything big; Accord is calling for Kerhonkson’s assistance. These are 60,000 lb trucks; he wasn’t taking 30,000 lbs off of the road onto a shoulder and having it roll over, especially on a hill.

 

Chairman Baden noted that Streamside Estates is closer to Kerhonkson than Accord, so he would think Kerhonkson would definitely be there.

 

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

 

As there was no further business, at 8:30 PM, Chairman Baden adjourned the meeting.
                                                                        
                                                        Respectfully submitted,
                                                        Rebecca Paddock Stange, Secretary