MINUTES OF December 13, 2011 Regular MEETING of the Town of Rochester PLANNING BOARD, held at the Town Hall, Accord, NY.
Vice Chairman Ricks called the meeting to order at 7:00 PM.
Vice Chairman Ricks asked the Secretary for roll call attendance.
PRESENT: ABSENT:
Shane Ricks, Vice Chairman (acting Chairman for meeting) Michael Baden, Chairman
Fred O’Donnell Melvyn I. Tapper
Robert Rominger Leon Smith
Anthony Ullman
Also present:
Secretary, Rebecca Paddock Stange.
Adam S. Paddock, Planning Board Alternate (seated in the audience).
ANNOUNCEMENTS
Chairman Note
Vice Chairman Ricks noted that Chairman Baden is asking all members to please make sure they all complete their 4 hours of required training by Dec. 31. They should check with the secretary if they are unsure of their hours.
Mr. O’Donnell motioned to seat the Alternate. Mr. Rominger seconded the motion. No discussion.
Vote:
Baden: Absent Tapper: Absent
O’Donnell: Yes Rominger: Yes
Ullman: Yes Ricks: Yes
Smith: Absent
Motion carried. 4 ayes, 0 nays, 3 absent
Mr. Paddock was now seated at the table as a regular member for this meeting.
ACTION ON MINUTES
Mr. O’Donnell motioned to accept the November 9, 2011 Regular Meeting Minutes. Seconded by Mr. Rominger with the edit of “Mr. Baden called the meeting to order” and the notation of Mr. Tapper seated as acting chair. No discussion.
Vote:
Baden: Absent Tapper: Absent
O’Donnell: Yes Rominger: Yes
Ullman: Yes Ricks: Yes
Smith: Absent Paddock: Yes
Motion carried. 5 ayes*, 0 nays, 3 absent
(including alternate)
NEW APPLICATION (2011-11SBD)
DANIEL PALMESE- Minor Subdivision, for a 2 lot Minor Subdivision of a 7.58 acre parcel,
579 Samsonville Road, Tax Map #68.1-1-15.110, ‘AR-3’ Zoning District
Mr. Palmese was present on behalf of his application.
Vice Chairman Ricks questioned what the purpose of jutting out the line so drastically was? Why didn’t the surveyor just angle it?
Mr. Palmese noted that there is a row of evergreens there and he wanted to keep them on his property so that whoever bought the other lot didn’t cut them down.
Mr. Rominger questioned the driveways. There were two separate driveways for lots 1 and 2, but lot 2 had a separate shared driveway over lot 1?
Mr. Palmese noted that the shared driveway will have its right of way in the description. The shared driveway will most likely only be used in the winter because the separate driveway for lot #2 is difficult to get into in the snow.
Vice Chairman Ricks questioned if there was anyway they could not share the driveway going across lot 1 into lot 2?
Mr. Palmese noted that he didn’t see a way to put a separate entrance in. He is going to build a new house on lot 1 and is going to sell his existing house on lot 2. For the amount of time it will be shared in the winter months, he doesn’t mind it.
Vice Chairman Ricks noted that all right of ways needed to be 50’ according to Town Code and this one was only 20’ wide. It needed to be 50’ wide with a metes and bounds description.
The Secretary noted that Chairman Baden had reviewed the maps and she recalled him looking into this briefly with the Town Attorney to see if the Town had to have a maintenance agreement or anything over it. She recalled him saying that because there was ample road frontage and the shared driveway was self imposed by the applicant, the Town didn’t have any requirements over it.
NEW APPLICATION (2011-11SBD) (Cont’d):
DANIEL PALMESE- Minor Subdivision, for a 2 lot Minor Subdivision of a 7.58 acre parcel,
579 Samsonville Road, Tax Map #68.1-1-15.110, ‘AR-3’ Zoning District
Vice Chairman Ricks wanted to double check with the Chairman on this. He always thought that right of ways needed to be 50’ when they came in front of the Planning Board. Vice Chairman Ricks also noted that the existing septic system needed to be shown on lot 2. The surveyor also needed to show the names of the bounding owners across the street from the parcel and the Right to Farm Note needed to be added to the plan. The applicant would also need to either get Health Dept. approval or an Engineer’s certification for lot 1. The applicant should also supply the Board with a copy of the easement for the shared driveway. The building area setback lines also needed to be shown from the house to the lot lines.
Mr. Palmese noted that he had Health Dept. approval for lot 1 already. He would submit the permit to the Board.
Mr. Paddock noted that on the aerial photograph in the Board’s file there was a white looking outbuilding. He didn’t see its placement on the subdivision map. What was that?
Mr. Palmese noted that was a shed that he had already moved. He noted that he was also intending on building a garage when he built his house on lot 1- should he show that now?
Vice Chairman Ricks noted that he should show it now with the setback lines and have it labeled as ‘proposed’.
Mr. Rominger motioned for this application to be typed as Unlisted under SEQRA. Seconded by Mr. O’Donnell. No discussion.
Vote:
Baden: Absent Tapper: Absent
O’Donnell: Yes Rominger: Yes
Ullman: Yes Ricks: Yes
Smith: Absent Paddock: Yes
Motion carried. 5 ayes*, 0 nays, 3 absent
(including alternate)
Mr. Ullman motioned to refer this application to the UCDPW for any comments as it is on a County Road. Seconded by Mr. Paddock. No discussion.
Vote:
Baden: Absent Tapper: Absent
O’Donnell: Yes Rominger: Yes
Ullman: Yes Ricks: Yes
Smith: Absent Paddock: Yes
Motion carried. 5 ayes*, 0 nays, 3 absent
(including alternate)
NEW APPLICATION (2011-11SBD) (Cont’d):
DANIEL PALMESE- Minor Subdivision, for a 2 lot Minor Subdivision of a 7.58 acre parcel,
579 Samsonville Road, Tax Map #68.1-1-15.110, ‘AR-3’ Zoning District
Mr. O’Donnell motioned to schedule this application for a Public Hearing at its January 10, 2012 meeting and for the Secretary to advertise same in the Shawangunk Journal. Seconded by Mr. Ullman. No discussion.
Vote:
Baden: Absent Tapper: Absent
O’Donnell: Yes Rominger: Yes
Ullman: Yes Ricks: Yes
Smith: Absent Paddock: Yes
Motion carried. 5 ayes*, 0 nays, 3 absent
(including alternate)
NEW APPLICATION (2011-12SBD)
GEORGE STEFANOPOLOUS– Minor Subdivision, for a 2 lot Minor Subdivision of a 5.385 acre parcel, Area Variance granted by the ZBA on May 10, 2011, 46 Lower Granite Road, Tax Map #76.3-2-6, ‘R-2’ Zoning District.
Mr. Stefanopolous was present on behalf of his application.
Vice Chairman Ricks noted that this application had been previously granted an area variance by the ZBA on May 10, 2011 as the proposed lot line did not allow the existing houses to meet the required 40’ side yard setbacks.
Mr. Rominger questioned if the moveable storage trailer as shown on lot 1 was staying or going to be removed?
Mr. Stefanopolous noted that he wasn’t going to move it, but if he had to he could.
Mr. Rominger questioned if the moveable storage trailer was included in the area variance?
Mr. Stefanopolous answered no, it was not.
Vice Chairman Ricks questioned if the well agreement has been put into effect?
Mr. Stefanopolous answered that the well is shared now and in the future he is going to drill a new well for lot 2.
The Secretary noted that the Board is in receipt of a proposed shared well maintenance agreement that is currently being reviewed by the Town Attorney.
Vice Chairman Ricks questioned the access to lot 2 as there was no driveway shown on the map. Would it be shared with lot 1?
NEW APPLICATION (2011-12SBD) (Cont’d):
GEORGE STEFANOPOLOUS– Minor Subdivision, for a 2 lot Minor Subdivision of a 5.385 acre parcel, Area Variance granted by the ZBA on May 10, 2011, 46 Lower Granite Road, Tax Map #76.3-2-6, ‘R-2’ Zoning District.
Mr. Stefanopolous noted that it would be shared for now. Later on he was planning on a separate one for lot 2.
Vice Chairman Ricks noted that as he saw it, two separate properties with road frontage should have their own driveways. He asked the applicant to add a driveway to lot 2. He then questioned the buildings on lot 1. The 1 story house is a residence? And what about the 1 story building? They should be properly labeled.
Mr. Stefanopolous noted that the building closer to the road is a residence and the building behind it is a garage. The trailer behind that is a tractor trailer body. He has a license the move it. The ZBA said that as long as he had his CDL license it wasn’t an issue.
Vice Chairman Ricks noted that both houses pre-dated zoning. He noted that the Board would check with the Code Enforcement Office on the legality of the storage trailer.
Vice Chairman Ricks motioned to have the Secretary check with the Code Enforcement Office regarding the legality of the storage trailer. Seconded by Mr. Rominger. No discussion.
Vote:
Baden: Absent Tapper: Absent
O’Donnell: Yes Rominger: Yes
Ullman: Yes Ricks: Yes
Smith: Absent Paddock: Yes
Motion carried. 5 ayes*, 0 nays, 3 absent
(including alternate)
Vice Chairman Ricks requested the applicant to have the following items added to the map:
- Show names of bounding owners across Lower Granite Rd.
- add driveway for lot 2.
- Need plan note to make specific filing date reference to ZBA variance and well agreement.
- Show building area setback lines for each lot on plan. Remind engineer that front yard setback is measured from road right-of-way line, not parcel boundary line in Rochester Code.
Mr. O’Donnell had a question on the aerial photograph from the Board’s file on this application. He noted that there is some sort of white structure shown on the aerial that is not shown on the subdivision map.
Mr. Stefanopolous noted that it was a pile of wood with a plastic cover on it. It was not a building.
NEW APPLICATION (2011-12SBD) (Cont’d):
GEORGE STEFANOPOLOUS– Minor Subdivision, for a 2 lot Minor Subdivision of a 5.385 acre parcel, Area Variance granted by the ZBA on May 10, 2011, 46 Lower Granite Road, Tax Map #76.3-2-6, ‘R-2’ Zoning District.
Mr. Ullman motioned for this application to be typed as Unlisted under SEQRA. Seconded by Mr. Paddock. No discussion.
Vote:
Baden: Absent Tapper: Absent
O’Donnell: Yes Rominger: Yes
Ullman: Yes Ricks: Yes
Smith: Absent Paddock: Yes
Motion carried. 5 ayes*, 0 nays, 3 absent
(including alternate)
Mr. Rominger motioned to refer this application to the UCDPW for any comments on driveway location after the applicant has submitted revised plans showing the added driveway to lot 2 as it is on a County Road. Seconded by Mr. O’Donnell. No discussion.
Vote:
Baden: Absent Tapper: Absent
O’Donnell: Yes Rominger: Yes
Ullman: Yes Ricks: Yes
Smith: Absent Paddock: Yes
Motion carried. 5 ayes*, 0 nays, 3 absent
(including alternate)
Vice Chairman Ricks questioned if the septics were existing and each on their own parcel?
Mr. Stefanopolous answered yes. The only thing the houses shared was a well. They had their own septics and own electric.
Vice Chairman Ricks questioned if in light of the systems being existing, if the Board thought that this needed to be referred to the Health Dept.?
Board Members were in agreement that it didn’t need to be referred.
Mr. O’Donnell questioned if the one story building on lot 1 had electric in it?
Mr. Stefanopolous answered yes it did.
NEW APPLICATION (2011-12SBD) (Cont’d):
GEORGE STEFANOPOLOUS– Minor Subdivision, for a 2 lot Minor Subdivision of a 5.385 acre parcel, Area Variance granted by the ZBA on May 10, 2011, 46 Lower Granite Road, Tax Map #76.3-2-6, ‘R-2’ Zoning District.
Mr. Rominger motioned to schedule this application for a Public Hearing at its January 10, 2012 meeting and for the Secretary to advertise same in the Shawangunk Journal. Seconded by Mr. O’Donnell. No discussion.
Vote:
Baden: Absent Tapper: Absent
O’Donnell: Yes Rominger: Yes
Ullman: Yes Ricks: Yes
Smith: Absent Paddock: Yes
Motion carried. 5 ayes*, 0 nays, 3 absent
(including alternate)
OTHER MATTERS
Vice Chairman Ricks noted that Chairman Baden had noted that there may be a possible special joint meeting w/ Marbletown PB in January for a workshop for an application that is in both townships (pending receipt of application).
It would most likely be scheduled the last week in January if we have it. Members should get back to the Secretary if they had any conflicts or dates they new wouldn’t work out.
The UCPB alternate position will be available as Leon Smith is stepping down. There are two years remaining on his term. The Board meets the first Wednesday of each month in the County Building in Kingston at 7:30pm. Chairman Baden usually makes most meetings. This is a Town Board recommendation and the County Legislature appoints the member. If anyone has any interest contact the secretary.
ADJOURMENT
Mr. Rominger motioned to adjourn the meeting. Seconded by Mr. O’Donnell. No discussion. All members present, in favor.
As there was no further business to discuss Vice Chairman Ricks adjourned the meeting at 7:54 pm.
Respectfully submitted,
Rebecca Paddock Stange, Secretary
As accepted on January 10, 2012