Planning Board Minutes June 2011

MINUTES OF June 14, 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 a moment of silence after the Pledge of Allegiance for Jeanne Greene, Mr. O’Donnell’s Mother, who passed away recently.

 

Chairman Baden asked the Secretary for roll call attendance.

 

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

 

Also present:
Mary Lou Christiana, Town Attorney and Adam S. Paddock , Planning Board Alternate.
ANNOUNCEMENTS

 

TRAININGS
Chairman Baden announced that there is a training from the Association of Towns for their 2011 Summer School. Unfortunately none of them are in the area. The closest one is either in Albany or Westchester. Members can get a better agenda for what is going to be covered if they go online to NY Towns website.

 

Chairman Baden also noted that there was a training in Arkville at the Catskill Center for Conservation and Development. Chairman Baden, Mr. Rominger, and Mr. Paddock attended the training. They are actually going to be doing 3 or 4 trainings a year and Chairman Baden is going to approach the Town Board about joining the group as a member for $35 for a yearly fee and they don’t charge members for training courses.

 

ACTION ON MINUTES
Chairman Baden noted that the May 17, 2011 Minutes had been revised on Page 11 at the bottom of the page. Under Streamside Estates, the Board changed the language on the clearing of vegetation. The Board listed what they discussed, but didn’t list the actual language. So, the actual language in the decision was added in. Also on Page 13 we changed the word, “it” to “the decision”, so that we knew what “it” was really referring to. Mr. Tapper noted that there was a grammatical error on Page 2. Second line down after “minutes” there should be a comma, not a period.
ACTION ON MINUTES (cont’d)

 

Mr. Tapper motioned to approve the May 17, 2011 Minutes as corrected. Seconded by Mr. Rominger. No Discussion.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Yes                                                     Ricks:          Yes
Smith:          Yes

 

Motion carried. 7 ayes, 0 nays, 0 absent

 

LEGAL MATTERS
Mary Lou Christiana, Town Attorney was present to update the Board on the Feldman vs. the Town of Rochester Planning Board Article 78 Case.

 

Chairman Baden motioned for the Planning Board to enter into Executive Session to meet with the Town Attorney to discuss the Feldman vs. the Town of Rochester Planning Board Article 78 Case and that they invite the Town Attorney and the Board’s Alternate to stay for the Executive Session. Seconded by Mr. Ullman. No discussion.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Yes                                                     Ricks:          Yes
Smith:          Yes

 

Motion carried. 7 ayes, 0 nays, 0 absent

 

At 7:05 the Planning Board went into Executive Session.

 

Mr. Smith motioned to come out of Executive Session. Seconded by Mr. Rominger. No Decisions were made and no monies were expended.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Yes                                                     Ricks:          Yes
Smith:          Yes

 

Motion carried. 7 ayes, 0 nays, 0 absent

 

At 7:21 the Board was out of Executive Session.

 

Chairman Baden noted that a member of the audience had left their computer in the room with the Board while they were in Executive Session. Since a computer could be used as a recording device he had to ask if it was recording the Board during their discussion.

 

The member of the audience stated that it was not recording.

 

CONTINUED APPLICATION
REAL ESCAPE PROPERTIES, LLC– c/o Simone Harari, Body of Truth Spa, Special Use Permit as per 140-42 of the Town of Rochester Code for expansion of a non-conforming use membership club to include expansion of parking area, additions to main house and office, expansion of pond and landscaping, new construction of a gym/fitness barn, outdoor meditation pavilion, and sauna building, additions of septic systems and well, and removal of garage structure. Kyserike Road, Tax Map #69.4-2-2, ‘AR-3’ Zoning District

 

Ms. Harari and Mr. Medenbach, PE were present on behalf of the application.  

 

Chairman Baden noted that Medenbach & Eggers submitted revised maps and EAFs for this meeting. He asked Mr. Medenbach to present what has changed.

 

Mr. Medenbach noted that basically when they made the application to the DEC they had forwarded the applicant a letter with intent to deny even though they had had previous discussions with the wetlands specialist. They eventually had a meeting and they acknowledged that they didn’t even review the whole application. They just felt that there was too much impact and they jumped to this conclusion. Mr. Medenbach was able to negotiate with them. The basic change is that the sauna building was down in the area that was part of the adjacent wetland. Even though they weren’t impacting the actual wetlands with it- but the DEC asked them to move the actual hard part of the building outside of that boundary line, so they put it right at the 100’ line. That is the existing 100’ boundary to the wetlands. They didn’t have a problem with the patio or the dock. That was the basic change. Everything else that they asked for wasn’t an issue- the expansion of the pond, the fact that they wanted to be able to circulate water through the pond—there’s a little bridge over the outlet. They tweaked the shape of the sauna building a little bit.

 

Ms. Harari noted that they basically took a 14 or so item list of what they (the DEC) had wanted and that’s how they addressed it to meet their requirements.

 

Chairman Baden noted that all the PB Members had copies of the emails and correspondence between the DEC and Mr. Medenbach and a synopsis of their meeting that got them to this point.

 

Mr. Medenbach noted that basically the environmentalist with the DEC is processing applications and then they have a wetlands specialist. The wetland specialist has been out to the site and has been on board. He’s been out to the site and basically directed the applicant where to go with the application. When they submitted the application in, the wetlands specialist basically put some comments back to the environmentalist saying that he thought that they have to move it outside of the buffer and he wrote it up as this is too adverse, we can’t approve this. So, they then scheduled a meeting with them (the DEC) and he submitted the notes from that meeting to the PB. Mr. Medenbach has since re-submitted a concept map directly to the wetland specialist who said it looked fine. They then resubmitted a complete package and that was what his email responded to. So, now Mr. Medenbach is waiting for a letter from them. But they can’t process it until they get through the SEQRA process.

 

Chairman Baden noted that he noticed that there is a map revision date on the maps stating it was for UCHD comments. What were those changes?
CONTINUED APPLICATION
REAL ESCAPE PROPERTIES, LLC (cont’d)– c/o Simone Harari, Body of Truth Spa, Special Use Permit as per 140-42 of the Town of Rochester Code for expansion of a non-conforming use membership club to include expansion of parking area, additions to main house and office, expansion of pond and landscaping, new construction of a gym/fitness barn, outdoor meditation pavilion, and sauna building, additions of septic systems and well, and removal of garage structure. Kyserike Road, Tax Map #69.4-2-2, ‘AR-3’ Zoning District

 

Mr. Medenbach didn’t really recall because they were so minor. Just details of construction and crossing water and the sewer line shown the separation. He needs to go back to them now because what they previously approved was the other location for the sauna with a septic tank and a pump chamber there and now he’s moved the building and sliding over, but he’s going to wait to resubmit it to the UCHD until he knows that the DEC is on board and that the PB is on Board. It’s really a minor modification. In many cases they would just make a construction change during construction. But in this particular case he would formerly go back there and have the UCHD re-sign new maps which they won’t have a problem doing.

 

Chairman Baden noted that when he looked through the revised EAF that was submitted, he put the two side by side and he made a synopsis of the changes. He had that synopsis put in all of the PB Member Packets. Was Mr. Medenbach now proposing the pond as part of the overall approval?

 

Mr. Medenbach noted that they absolutely were doing that. They initially didn’t want the pond to slow down the process. They argued that one was not dependent on the other, but the PB saw the Court Decision and they basically said that it needs to go back and do a do-over of the coordinated review and the determination of significance for the whole project. They got to the point now with the DEC where he believes they can get a permit. The way they view it is that they need to do the whole SEQRA process all over and he’s looking at the Decision from the Judge and they need to get a new Special Use Permit from the Board too.

 

Mrs. Christiana, Town Attorney, noted that they did need a new one because you can’t get the Special Use Permit until after there is a SEQRA Determination.

 

Mr. Medenbach thought that he should probably submit a new application.

 

Mrs. Christiana didn’t think that they needed to do a new application. She stated that there should be a new Public Hearing because there are some changes on it, but it could just be amended.

 

Mr. Medenbach noted that they had every intention of coming back before the Board with the Special Use Permit and getting condition #12 on there removed. That was the condition about no overnight guests. They felt that it was taking away something that she had already had on the project.

 

Ms. Harari noted that she wasn’t asking for an expansion of her overnight guests, she had the ability to do 4 rooms before and that’s all she wanted to remain. She wasn’t asking to expand it to anything else, she just wanted to have it available to her as it was before.

 

Mr. Medenbach noted that they were about to make the argument at the meeting when the decision was made back in October of 2010, but the PB wouldn’t let them speak. They were prepared to make a verbal argument as to Ms. Harari has always had it and it was part of the original application and he thought that maybe at this point they should submit that to the Board in writing. There are minutes from the original meeting with this
CONTINUED APPLICATION
REAL ESCAPE PROPERTIES, LLC (cont’d)– c/o Simone Harari, Body of Truth Spa, Special Use Permit as per 140-42 of the Town of Rochester Code for expansion of a non-conforming use membership club to include expansion of parking area, additions to main house and office, expansion of pond and landscaping, new construction of a gym/fitness barn, outdoor meditation pavilion, and sauna building, additions of septic systems and well, and removal of garage structure. Kyserike Road, Tax Map #69.4-2-2, ‘AR-3’ Zoning District

 

Board that they asked outright if there would be overnight guests and the applicant answered yes. The applicant noted that it wouldn’t be a primary use, but it would be on occasion where she would have overnight guests. Mr. Davis, CEO, was asked to review that with the application and he noted that it did say “guest rooms”. Mr. Medenbach noted that they had distinguished “guest rooms” from “treatment rooms”.

 

Mr. Ullman questioned if this was the letter from the CEO to the PB during the 2010 approval process?

 

Mr. Tapper noted that this has already been reviewed and discussed and at the time when the Board made that decision he didn’t think that anyone on the Board was against her having overnight guests, but it to his recollection, it was discussed, but it wasn’t in the decision that the PB had written in 2004.

 

Mr. Medenbach noted that it wasn’t in there, but it wasn’t denied either. The Board asked if they wanted it and they said, ‘yes’.

 

Mr. Ullman stated that was ambiguous.

 

Mr. Medenbach noted that the fact is that the applicant has been operating that way.

 

Mr. Tapper thought that this had already been discussed.

 

Mrs. Christiana noted that if the applicant would like to amend the application to put that in, they can amend it and the Board can discuss that.

 

Mr. Medenbach also wanted to point out that all of the Board’s discussions were in private sessions on this issue.

 

Mr. Tapper stated that there was one.

 

Mr. Ullman noted that the one where they were in Executive Session, they were discussing legal advice and the applicant wasn’t entitled to participate. Everything else was on the public record.

 

Ms. Harari just wanted to understand something. If in general nobody is really opposed to it, is the right thing to do to add it as an amendment, if the Judge has already—

 

Mrs. Christiana advised the applicant that she would need to speak with her own attorney regarding this.

 

Ms. Harari was just trying to understand it. There was some discussion about some of the Town’s Zoning changes once the litigation was done with the Kortrights, so she was trying to figure out how the Board wanted her to move with this. She wanted to understand how she needed to proceed and what requirements did they need to meet for the Board in regards to overnight guests.

 

CONTINUED APPLICATION
REAL ESCAPE PROPERTIES, LLC (cont’d)– c/o Simone Harari, Body of Truth Spa, Special Use Permit as per 140-42 of the Town of Rochester Code for expansion of a non-conforming use membership club to include expansion of parking area, additions to main house and office, expansion of pond and landscaping, new construction of a gym/fitness barn, outdoor meditation pavilion, and sauna building, additions of septic systems and well, and removal of garage structure. Kyserike Road, Tax Map #69.4-2-2, ‘AR-3’ Zoning District

 

Chairman Baden noted that here is the issue—this was approved as a Membership Club. ‘Guestrooms’ is not in the definition of a Membership Club. There is nothing in there, there was nothing in the decision. There was a discussion about it. They looked at the minutes from 2003/2004. It was not part of the final decision. It was discussed as ‘we may do this later’. It was very ambiguous. It was never really looked at like it was part of the original application. So, this application is under the new Code and this is a non-conforming use. You are allowed to expand your non-conforming use, but you are not allowed to change your non-conforming use. So, what is being proposed is an expansion- all perfectly legal and allowed under a Special Use Permit, which is what the Board has before them, but you can’t add an element. He couldn’t speak for the whole Board, but his personal feeling was that overnight guests were not allowed. Whether the applicant was doing it or not, they weren’t allowed under the previous approval.

 

Ms. Harari questioned what was an addendum to the application?  Would this be looked at as an addendum to the permit?

 

Mrs. Christiana noted that she had said that the applicant could ‘amend’ her application to include that.

 

Chairman Baden noted that if she did that, it would have to go back to the Code Enforcement Officer and discuss it with him. He would have to determine if it warranted a new application, or if it was just a change to what was already applied for. That is totally up to that Office. He may even send the applicant to the ZBA for an interpretation or a Variance to allow the overnight guests.

 

Ms. Harari asked if there was something different called an addendum to the application? If they left the application as it is, was there something later on that comes with an addendum?

 

Mrs. Christiana noted that if she wanted to make a new application later, she’d have to go through the process again. Anytime you want to change things you have to come back.

 

Chairman Baden noted that the application that has been referred to the PB from the CEO doesn’t mention overnight guests. So, essentially if they wanted to be added into the discussion, she would need to go back to the CEO and see how he determines it. That is out of the PB’s hands. Once he refers something to the PB, the PB reviews it, so the PB can only review what has been referred to us.

 

Mr. Ricks noted that it might go into a whole other category then- it might not fit under Membership Spa.

 

Chairman Baden noted that he couldn’t answer for the CEO.

 

Ms. Harari’s other question was say that they went through with everything and review all of the requirements and everything goes fine and then the Town modifies its Zoning Code, how does that effect someone who has a permit?
CONTINUED APPLICATION
REAL ESCAPE PROPERTIES, LLC (cont’d)– c/o Simone Harari, Body of Truth Spa, Special Use Permit as per 140-42 of the Town of Rochester Code for expansion of a non-conforming use membership club to include expansion of parking area, additions to main house and office, expansion of pond and landscaping, new construction of a gym/fitness barn, outdoor meditation pavilion, and sauna building, additions of septic systems and well, and removal of garage structure. Kyserike Road, Tax Map #69.4-2-2, ‘AR-3’ Zoning District

 

Mrs. Christiana noted that if the applicant gets approved under the Code we have now, and then the Code changes, as long as you continue your pre-existing non-conforming use, you can continue. If you stop it for how many number of years the Code indicates at that time, then you lose that.

 

Ms. Harari questioned if the Code changed to allow spas in that zone with overnight guests and she continued her use, would she need to do something for a new permit with that new zone? Or would that automatically roll into that?

 

Mrs. Christiana noted that it would still be a change, so she’d probably still have to come back- but its hard to say because who knows exactly what that Code would say.

 

Chairman Baden noted that the applicant would need to go back to the CEO and if the Code did say spas with overnight guests were allowed in that district, depending on what category it was in, he would make a ruling on it, but until that exists—that’s an awful lot of ‘ifs’.

 

Mr. Ricks recalled last Fall when the decision was done, the suggestion was made for the applicant to go and see the Town Board.

 

Ms. Harari noted that she spoke to Mr. Chipman, Town Supervisor, like the PB told her to and he said that they were waiting for the Kortright litigation to be done and then they would look at all of the Zoning changes at that time.

 

Chairman Baden noted that what the PB has determined is essentially that we have established the Town of Rochester Planning Board as Lead Agency for SEQRA.

 

Mr. Medenbach requested that they formally redo that and restart the coordinated review. They’d like the PB to start the whole process over.

 

Chairman Baden noted that the PB has already established Lead Agency. The Judge did not find fault with the PB’s Lead Agency establishment, so the plan is to start from that point. The PB is going to re-refer to the involved agencies because there are changes on the plans, but they are not going to re-refer for Lead Agency.

 

Mr. Medenbach questioned if the DEC was listed as an involved agency?

 

Chairman Baden noted that they were. They did receive full copies of everything. The involved agencies were the DEC, UCHD, OPRHP, and UCDPW. None of them were interested in taking Lead Agency. They had either responded as such, or the time period had passed. The Board’s feeling is that they had established it up to that point correctly and they will start from that point. His question was though, before the PB referred this, if the applicant was considering amending the application to include the guest rooms, he didn’t want to refer this and then have to start the process over again. The PB is also going to be re-referring this back to the UCPB because

 

CONTINUED APPLICATION
REAL ESCAPE PROPERTIES, LLC (cont’d)– c/o Simone Harari, Body of Truth Spa, Special Use Permit as per 140-42 of the Town of Rochester Code for expansion of a non-conforming use membership club to include expansion of parking area, additions to main house and office, expansion of pond and landscaping, new construction of a gym/fitness barn, outdoor meditation pavilion, and sauna building, additions of septic systems and well, and removal of garage structure. Kyserike Road, Tax Map #69.4-2-2, ‘AR-3’ Zoning District

 

part of their required modifications was a re-referral based on the fact that they felt that there were some elements missing when they received the application. Since then the applicant has addressed all of those required modifications.

 

At this time Ms. Harari and Mr. Medenbach asked for a 2 minute recess to discuss this.

 

At 7:34 Mr. Tapper motioned to allow a recess seconded by Mr. Rominger. No discussion.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Yes                                                     Ricks:          Yes
Smith:          Yes

 

Motion carried. 7 ayes, 0 nays, 0 absent

 

At 7:35 Mr. Ricks motioned that they entered back out of recess. Mr. Tapper seconded the motion. No discussion.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Yes                                                     Ricks:          Yes
Smith:          Yes

 

Motion carried. 7 ayes, 0 nays, 0 absent

 

Mr. Medenbach stated that they were going to leave the application as is, but he did indicate that they would pursue this in the future and take it up with the CEO sometime in the future.

 

Mr. Tapper questioned if that would be another phase 2?

 

Chairman Baden noted that they were looking at what was in front of them right now.

 

Mr. Ullman questioned if the sauna was part of phase 2?

 

Mr. Medenbach noted that he should probably take that off. The applicant probably would build it later.

 

Mr. Ullman wanted to clarify that for the Board’s purposes, it meant nothing.
CONTINUED APPLICATION
REAL ESCAPE PROPERTIES, LLC (cont’d)– c/o Simone Harari, Body of Truth Spa, Special Use Permit as per 140-42 of the Town of Rochester Code for expansion of a non-conforming use membership club to include expansion of parking area, additions to main house and office, expansion of pond and landscaping, new construction of a gym/fitness barn, outdoor meditation pavilion, and sauna building, additions of septic systems and well, and removal of garage structure. Kyserike Road, Tax Map #69.4-2-2, ‘AR-3’ Zoning District

 

Mr. Medenbach noted that – yes, the sauna is included in this approval. Technically the sauna is outside of the regulated area, but the permit that they are getting has to do with all of the work that is being done within the regulated area.

 

Mr. Tapper questioned if the existing well was now going to be in the middle of the pond?

 

Mr. Medenbach noted that well is really not suitable for public water supply, so that would be abandoned and a new well would be located up by the road. She would be able to use the water from the pond for irrigation or something, but the new well would be drilled to do everything.

 

Chairman Baden noted that he recalled that they were discussing with the Accord Fire District putting in a dry fire hydrant. Was that reflected on here? There was a long discussion at one point when Billy Farrell was at the meeting and there was a whole discussion about elevations and pumping.

 

Mr. Medenbach noted that it wasn’t on the plans.

 

Chairman Baden noted that if he remembered correctly that once they widened the driveway that concern went away.

 

Mr. Medenbach agreed with that.

 

Chairman Baden did recall the County having concern with having access to the buildings in the back, but Mr. Medenbach said that it was all flat and open there.

 

Mr. Medenbach agreed with this.

 

Mr. Ricks motioned to re-refer this to the involved agencies being NYS DEC, Ulster County Health Dept., Office of Parks and Recreation and Historic Preservation, and the Ulster County Dept. of Public Works. Seconded by Mr. Rominger. No discussion.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Yes                                                     Ricks:          Yes
Smith:          Yes

 

Motion carried. 7 ayes, 0 nays, 0 absent
CONTINUED APPLICATION
REAL ESCAPE PROPERTIES, LLC (cont’d)– c/o Simone Harari, Body of Truth Spa, Special Use Permit as per 140-42 of the Town of Rochester Code for expansion of a non-conforming use membership club to include expansion of parking area, additions to main house and office, expansion of pond and landscaping, new construction of a gym/fitness barn, outdoor meditation pavilion, and sauna building, additions of septic systems and well, and removal of garage structure. Kyserike Road, Tax Map #69.4-2-2, ‘AR-3’ Zoning District

 

Mr. Tapper questioned if the Town’s Historic Preservation Commission was an involved agency?

 

Chairman Baden noted that they had been noticed, and they could notice them again, but his own personal feeling was that the pond change doesn’t affect them at all.

 

Mr. Smith motioned to re-refer this application to the Ulster County Planning Board. Seconded by Mr. Ullman. No discussion.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Yes                                                     Ricks:          Yes
Smith:          Yes

 

Motion carried. 7 ayes, 0 nays, 0 absent

 

Chairman Baden noted that those replies should be able to be received by the next meeting. He questioned how the Board felt about referring this back to the Town Planner for review?

 

Mr. Ullman felt that under the circumstances it should be referred back for review.

 

Mr. Ullman motioned to refer the application back to the Town Planner to review the changes submitted. Seconded by Mr. Rominger. Discussion:
Chairman Baden’s only comment was that the DEC is going to supersede any of the Planner’s comments anyway, but he was happy to refer it to the Planner.

 

Mrs. Christiana noted that given the Court Decision that is out there, that as another precaution, she’d rather have too much than too little.

 

Mr. Medenbach  agreed, but wanted to note that he didn’t want to use the word nitpicky in regards to how the Town Planner looks at the Stormwater Management Plan, but the DEC is reviewing that extensively.

 

Chairman Baden would remind them that the DEC has control over the Stormwater and essentially the Town has no say over that, so it really makes no sense for them to review that. He will ask them to review what changed- the sauna and the pond.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Yes                                                     Ricks:          Yes
Smith:          Yes
Motion carried. 7 ayes, 0 nays, 0 absent

 

CONTINUED APPLICATION
REAL ESCAPE PROPERTIES, LLC (cont’d)– c/o Simone Harari, Body of Truth Spa, Special Use Permit as per 140-42 of the Town of Rochester Code for expansion of a non-conforming use membership club to include expansion of parking area, additions to main house and office, expansion of pond and landscaping, new construction of a gym/fitness barn, outdoor meditation pavilion, and sauna building, additions of septic systems and well, and removal of garage structure. Kyserike Road, Tax Map #69.4-2-2, ‘AR-3’ Zoning District

 

Chairman Baden questioned if the Board wanted to schedule the Public Hearing for July? They should have the referral comments back by that point- if by chance we don’t have something back it can always be held open. He would rather schedule it and that means they would be doing the SEQRA at that meeting as well.

 

Mr. O’Donnell motioned to schedule the Public Hearing for July 12, 2011 for Real Escapes Property’s application to expand a membership club. Seconded by Mr. Ullman. No discussion.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Yes                                                     Ricks:          Yes
Smith:          Yes

 

Motion carried. 7 ayes, 0 nays, 0 absent

 

Mr. Ricks questioned Mr. Medenbach about the back and forth commentary he had with the DEC that he had read. The new pond they did becomes the edge of the wetland which extends the buffer zone out. He read how it extended into the reserve area and stuff. Have all of those things been moved accordingly then?

 

Mr. Medenbach noted that yes, they actually moved the pond in a little. It’s on the maps. Mr. Medenbach pointed out on GP3 of the site plan that when they expand the pond, the wetland gets expanded. GP3 shows the new line which goes through the office and the meditation pavilion, so those two buildings will be in the new adjacent area. Basically what they said, you can do activity in the  area that is currently being mowed. They are creating a vegetative buffer along the edge of it except for where the stone patio is, which won’t be mowed, and then they are allowed to mow up to that line in the new adjacent area.

 

Ms. Harari noted that what it looks like right now is a swamp. The DEC actually commented that they were actually improving the wetland.
STREAMSIDE ESTATES
Chairman Baden just wanted to point out to the Board that Mr. Medenbach submitted for Streamside Estates a reapply back from FEMA, but Mr. Medenbach said he’d wait until they came back for final approval to present the approval from FEMA for his delineation of the 100 year flood plain.
FINAL APPROVAL
IAN READ– Minor Subdivision for 3 lots, 4753 Route 209, Tax Map #69.3-3-27.200, ‘B’ Zoning District

 

Chairman Baden noted that the Board had done Conditional Final Approval on this application back in April of 2011. At this time Mr. Read has submitted the requirements for the conditions. Conditions 3-8 needed to be satisfied before the applicant was given Final Approval. Mr. Read has a Road Maintenance Agreement that has been approved by the Town Attorney which covers condition #4. Condition #3 the notation has been added to the map about the right of way. It is also labeled on the right of way itself. Condition #5 we will let the applicant know what the cost is. Condition #6 will be done after the maps are signed. Condition #7 the applicant has secured DOT approval. Condition #8- all of the map notes have been added.

 

  •  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 access to Lots #1 and #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 access 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.”

FINAL APPROVAL
IAN READ (cont’d)– Minor Subdivision for 3 lots, 4753 Route 209, Tax Map #69.3-3-27.200, ‘B’ Zoning District

 

Mr. Ricks questioned the references in the note in regards to the lot of the adjacent parcel. In the notes it is referenced by Tax ID, but on the plan, it is labeled by the owner’s name.

 

The Town Attorney noted that it wasn’t a problem. It’s still referring to the same lot.

 

Mr. Ullman motioned to authorize the Chairman to sign the maps once Condition #5 is met. Seconded by Mr. Rominger. No discussion.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Yes                                                     Ricks:          Yes
Smith:          Yes

 

Motion carried. 7 ayes, 0 nays, 0 absent
At 8:05 PM, Town Attorney, Mary Lou Christiana left the meeting.
CONTINUED APPLICATION
BETH AND LEON SMITH– Minor Subdivision for 2 lots, Trotter Lane, Tax Map #76.2-2-27.13. ‘AR-3’  Zoning District

 

At 8:05PM, Mr. Smith recused himself from the Board as this was his application. At the same time, Alternate Board Member, Mr. Paddock, sat at the Board in Mr. Smith’s place.

 

Chairman Baden noted that this had previously been typed as an Unlisted Action and an Uncoordinated Review under SEQRA.

 

Mr. Smith noted that the changes made to the map since the last time he was in front of the Board were that the maps now showed the drainage easement from Parcel 3 to Parcel 4 and the utilities and Right to Farm note have been added. The surveyor also changed the tax map numbers as previously requested.

 

Chairman Baden noted that in everyone’s packets there is a copy of a map that he took from the Ulster County Parcel Viewer showing the new flood plain and in looking at that he noticed that there is a mapped Federal Wetland on this property. Mr. Smith has submitted a request for a waiver from showing the actual delineation of the flood plain. It’s very similar, but when you go to the County Website you can look at the old flood plain and the new flood plain map. The only change that he really noticed was very minor. It’s very similar to what is represented on the submitted plan.

 

Mr. Ricks noted that where they show the wetland, all there is is a farm field. It’s not a wetland.

 

Chairman Baden noted that it is delineated as a wetland and it is actually named with an ID number.
CONTINUED APPLICATION
BETH AND LEON SMITH– Minor Subdivision for 2 lots, Trotter Lane, Tax Map #76.2-2-27.13. ‘AR-3’  Zoning District

 

Mr. Smith noted that what he was told is that they call it a wetland, but you really have to check the soil to see if it falls in the wetland and from the research he did, the soils don’t fall within the wetland.

 

Chairman Baden did a little research himself and he found out that the wetlands are delineated from air view mappings and soil typing, but because it is labeled as being there, the Board can’t just ignore it. They could just do a map note about it. Being that it is a Federal Wetland, there are no buffer requirements. It clearly is not in the area where the house is, so that doesn’t affect it. The Board could address it by putting a map note that there is a Federal Wetland and noting the ID number on the subdivision map so that it’s addressed and they can move on. Clearly it doesn’t effect the subdivision. Just by noting the fact that its on the map would let someone in the future know.

 

Mr. Smith didn’t have a problem with this as long as he didn’t have to pinpoint it on the map.

 

The Board didn’t see a problem with this as it was nowhere near the building site.

 

Mr. Smith noted that in his waiver request that he had submitted there is a mistake on it—the second mention of “500 Feet” should read “50 Feet”.

 

Chairman Baden notated this on the letter for the file.

 

Mr. O’Donnell motioned to grant the waiver request to not show the current flood plain submitted by Mr. Smith. Mr. Ullman seconded the motion.

 

Discussion: Chairman Baden noted that it clearly is not in the building area and again, he thinks it could be addressed with a map note. One of the conditions of the approval will reflect the Town Flood Plain Law anyway.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Yes                                                     Ricks:          Yes
Paddock:        Yes

 

Motion carried. 7 ayes, 0 nays, 0 absent

 

Chairman Baden motioned to refer this application to the UCPB. Seconded by Mr. Rominger. No discussion.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Yes                                                     Ricks:          Yes
Paddock:        Yes

 

Motion carried. 7 ayes, 0 nays, 0 absent
CONTINUED 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. Smith noted that he would not be able to attend the July meeting.

 

Mr. Rominger motioned to schedule the Public Hearing for August 9, 2011. Seconded by Mr. Tapper. No discussion.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Yes                                                     Ricks:          Yes
Paddock:        Yes

 

Motion carried. 7 ayes, 0 nays, 0 absent

 

At 8:15PM Mr. Smith returned to the Board and Mr. Paddock returned to the audience.

 

DISCUSSION ON ALTERNATE

 

Mr. Ricks noted that in the past they always utilized the Alternate when another member was absent or when someone recused themselves or when there wasn’t a quorum. He questioned what Chairman Baden’s Alternate usage policy was.

 

Chairman Baden noted that he is going to ask the Alternate to join the meeting when a member recuses themselves or if there is no quorum. He would also utilize the Alternate when a member had an extended absence. He didn’t want it just in the case of random absences, he wanted it to be consistent, not jumping in an out of reviews.

 

NEW APPLICATION
OPEN SPACE INSTITUTE/ GLORIA FINGER, LOT IMPROVEMENT–   Lawrence Hill Rd. and Rock Hill Rd., Tax Map #85.1-1-2.1 and Tax Map #77.3-2-17.111, ‘R-5’ Zoning District

 

Mr. Brooks, LS was present on behalf of the application.

 

Chairman Baden noted that this property was before the Board for a lot line adjustment in May of 2010. He then
questioned if this property bordered the Town of Gardiner?

 

Mr. Brooks noted that the parcel does touch the Town line.

 

Chairman Baden noted that the Town Attorney had advised that if it was within 500’ of a Town boundary that because the PB is ruling on this, that it should be referred to Gardiner under the NYS Municipal Laws. Unfortunately the Board wouldn’t be able to make a determination tonight.
 
Rock Hill Rd., Tax Map #85.1-1-2.1 and Tax Map #77.3-2-17.111, ‘R-5’ Zoning District
NEW APPLICATION
OPEN SPACE INSTITUTE/ GLORIA FINGER, LOT IMPROVEMENT(cont’d)–   Lawrence Hill Rd. and Rock Hill Rd., Tax Map #85.1-1-2.1 and Tax Map #77.3-2-17.111, ‘R-5’ Zoning District

 

Chairman Baden questioned if she would still have road access? The old parcel had access off of Rock Hill Road, but the new one would access Lawrence Hill Road?

 

Mr. Brooks noted that she would access Lawrence Hill Road. That is the current access to the property. Rock Hill Road where it travels through the property is not a Town Highway.

 

Chairman Baden noted that the map note that is required by the Town Board is on the map. The Planning Board Endorsement is on the map. Normally they would do it in one meeting, but because they have to notify the Town of Gardiner, the Board wants to make sure its done correctly.

 

Mr. Ricks questioned if Rock Hill Road was abandoned or open?

 

Mr. Brooks noted that its an abandoned Town Highway which means that the adjoining land owners still have a right to use it for access. There are some trees across the roadway, so it has been blocked, but it has been used for foot traffic and once someone cuts the trees out, it will be used.

 

Mr. Ricks questioned if Open Space Conservancy paid real estate taxes?

 

Mr. Brooks noted that they did- but he wasn’t sure if this one was on the tax rolls. Some are removed, but he believed that all of these were still on the tax rolls.

 

Chairman Baden noted that they are just acknowledging that this lot line revision doesn’t create an undersized or inaccessible lot, which it does not. This is a Type 2 Action under SEQRA. It doesn’t require any SEQRA review.

 

Mr. Rominger motioned to refer this application to the Town of Gardiner Planning Board. Seconded by Mr. Ullman. No discussion.
Vote:
Baden:  Yes                                                             Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Yes                                                     Ricks:          Yes
Smith:          Yes
Motion carried. 7 ayes, 0 nays, 0 absent

 

Mr. Ricks noted that noted that the application should have probably gone for a referral to Gardiner the last time this application was in front of the Board.

 

Chairman Baden agreed that this should have been referred last time as well, but it was not.
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       
                                                         As approved at the July 12, 2011 PB meeting