Planning Board Minutes May 2011

MINUTES OF May 17, 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 Anthony Ullman

Fred O’Donnell

Leon Smith

Robert Rominger

Also present:

Alternate, Adam S. Paddock was in the audience.

ANNOUNCEMENTS

NEW MEETING DATE

Chairman Baden noted that the Planning Board will begin meeting on the second Tuesday of each month beginning on June 14, 2011.

TRAININGS

Chairman Baden announced that there is a training in Arkville on June 8, 2011 from 6:00PM to 8:30PM at the Catskill Center.

ACTION ON MINUTES

Chairman Baden noted that the March 15, 2011 Minutes had been corrected regarding Mr. Ullman’s attendance. There were some minor spelling corrections in the March 29, 2011 Minutes- nothing in terms of content. The Draft of the April 19, 2011 Minutes were corrected – there was a mistake in the Ian Read Decision and a revision under a vote on Leon Smith’s Application. Mr. Smith had recused himself and he was listed in the vote as “recused”. His name was deleted from the voting documentation as to not cause confusion as to how many members were on the board at that point.

Mr. Rominger motioned to approve the March 15, 2011, March 29, 2011, April 19, 2011 Minutes as corrected. Seconded by Mr. Smith. No Discussion.

Vote:

Baden: Yes Tapper: Absent

O’Donnell: Yes Rominger: Yes

Ullman: Absent Ricks: Yes

Smith: Yes

Motion carried. 5 ayes, 0 nays, 2 absent

CLARIFICATION ON VOTING ON MINUTES

Chairman Baden noted that it has come to his attention through the Ulster County Planning Board regarding Minutes that you do not need to be present at a meeting to vote on those meeting minutes. You just need to have read them and be comfortable with them and voting. You do not need to abstain.

Mr. Ricks was always told that the Board could vote to accept them instead of approve them.

Chairman Baden had brought that up to Dennis Doyle of the UCPB and he researched it with the State and they said, ‘no- they are either approved or not approved, but you don’t need to have been present at the particular meeting which minutes you are voting on.’. He continued to note that in reality, the Board doesn’t even need to vote on approving them, but it’s a good thing because it signifies that they all agree with what is written.

CONTINUED APPLICATION

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 April 19, 2011 meeting is that the applicant has submitted new drawings and a Stormwater Plan and Clark Patterson Lee has reviewed that and there have been emails back and forth between CPL and Mr. Medenbach’s office, which are copied for member’s folders. The Board received a comment letter today from Mr. Moot of CPL stating that all of CPL’s issues have been addressed at this point. Chairman Baden didn’t think it was necessary to have a representative to be at this meeting to tell the Board that everything was fine. After the last meeting the Board had asked the Chairman to contact John Dunning, the Accord Fire Chief. Mr. Dunning and Chairman Baden had spoken by phone. He gave the Chairman dimensions that he was interested in and Chairman Baden forwarded those onto Mr. Medenbach and Mr. Medenbach contacted Mr. Dunning. They discussed the issue and came up with a compromise of widening the road by 2’ and eliminating the pull off. The Board does not have official transmission of that from Mr. Dunning. Mr. Medenbach copied Mr. Dunning on the email explaining this compromise and discussion to the Planning Board and Chairman Baden is of the opinion that if Mr. Dunning had an issue with it, he would have let the PB know. Chairman Baden’s personal feeling of this was that the Board could move forward on these new drawings.

Mr. Rominger clarified that the width of the road now.

Mr. Medenbach noted that it was a 20’ road with 2’ of shoulders on each side. This is wider than what a Town Road would have to be.

Chairman Baden noted that the difference would be that a Town Road would have to be paved and this would be gravel, but as far as the width it was bigger. If any Board members wanted to try and reach Mr. Dunning again, they could, but Chairman Baden felt that they’ve been back and forth at this and the issue is resolved.

Chairman Baden continued to note that there is one more outstanding issue being the Flood Plain. Mr. Medenbach contacted FEMA to get that changed and now they are waiting on that.

CONTINUED APPLICATION

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

Mr. Medenbach noted that he received acknowledgement from FEMA. He deals with getting Flood Plain Designations changed through FEMA about 5 or 6 times a year. Some of them come back in a month, some come back in 6 months. There’s no rhyme or reason as to why. He has heard that they would be getting a lot of these with the new mapping that has gone on.

Chairman Baden noted that the only other issue that he wanted to make Mr. Medenbach aware of is that the Town Planner, Mr. Moot, had forwarded the Board the emails of the revisions of the SWPPP that were submitted to CPL- he is checking with the Attorney now to see if the PB can make a CD of that and put the disc in the file or if the PB actually needed a hard copy of it.

Mr. Medenbach noted that the SWPPP is not a fixed document. The law allows you to change stuff during construction and modify things. It’s called, “best management practice”. You go out there and do what you have to do to prevent any pollution or soil erosion or whatever you have to do. The other thing he would point out too is that for all the calculations that they have done, they don’t plan to build and use them until they have Final Approval.

Chairman Baden just wanted to find out from the Town Attorney because the Board is referencing it in our Preliminary Approval. He continued to note that he has met with Mary Lou Christiana, the Town Attorney, who was not available to be at this meeting. They went over the Conditional Preliminary Approval and a Checklist of Requirements that will need to be completed for final approvals that the Chairman had prepared.

At this time Chairman Baden read the Draft Decision and Checklist for the 7 lot subdivision (originally 9 lot subdivision prior to the Code Change that made it get revised into a 7 lot subdivision.) He noted that all of the dates of submittals of materials, SEQRA Dates, Agencies referred to are listed. He noted that he was making some revisions to the documents submitted- the SWPPP was added as the last revision dated 5/10/11 and under #24 of comment letters- they added one received today from CPL dated 5/17/11.

DRAFT DECISION for STREAMSIDE ESTATES 7 LOT SUBDIVISION FOR Conditional Preliminary Approval for the Board’s consideration as follows:

DRAFT OF CONDITIONAL PRELIMINARY APPROVAL

Application by: Streamside Estates, Inc.

For: MAJOR SUBDIVISION APPROVAL for 7 LOT SUBDIVISION

pursuant to the Schedule of Zoning Uses in the Code of the Town of Rochester.

Reason for Request: Proposed 7 lot subdivision of 46.91 acres*

Each lot with individual water and septic and with private road access

*Application originally was proposed as a 9 lot subdivision under the prior Chapters 125 and 140 of the T/Rochester Code. Application was subsequently amended to 7 lots during the review process to reflect the October 2009 Chapter 125 and 140 revisions.

Location: Cherrytown Rd. Tax Map #: 67-2-43.141

Acreage: +/-46.91 acres Zoning District: ‘AR-3’

Lot #1: 3.4 acres Lot #2: 3.6 acres Lot #3: 22.5 acres

Lot #4: 4 acres Lot #5: 4.6 acres Lot #6: 4.5 acres

Lot #7: 4.1 acres

Zoning Permit filed: 7/24/09; revised 4/20/10 SEQR Action: Type 1 determined 10/19/10

Zoning Permit Application: #186/2009; #94/2010 Notice of Intent circulated 10/29/10

Subdivision Application filed: 7/27/09; revised 8/27/10 Lead Agency established 2/15/11

EAF filed: 7/27/09; revised 8/27/10 and 10/4/10 Negative Declaration 3/15/11

ENB published 3/23/11

ENB correction published 3/30/11

Outside Agency Referrals: Involved Agencies:

Ulster County Health Dept. (UCHD), NYS Office of Parks, Recreation, and Historic Preservation (OPRHP), and NYS Dept. of Environmental Conservation (DEC)

Outside Agency Referrals: Interested Agencies:

T/Rochester Historic Preservation Commission (HPC), T/Rochester Environmental Conservation Commission (ECC), Accord Fire District, T/Rochester Highway Dept., Ulster County Planning Board (UCPB)

CONTINUED DRAFT DECISION for STREAMSIDE ESTATES 7 LOT SUBDIVISION FOR Conditional Preliminary Approval for the Board’s consideration as follows:

DRAFT OF Documents considered by the Planning Board for review:

Application for Zoning Permit #186 of 2009 received dated 7/24/09
Revised Zoning Permit #94 of 2010 received dated 4/20/10
Application for Subdivision #09-03SBD dated 7/27/09; revised 8/27/10
Full EAF received dated 7/27/09; revised 8/27/10; revised 10/4/10
Sketch Plan and associated documents as prepared by Medenbach & Eggers dated 2/10/09
Site Plan and associated documents as prepared by Medenbach & Eggers dated 8/18/10; revised 9/22/10, 1/31/11, 4/5/11, and 5/2/11
Stormwater Pollution Prevention Plan (SWPPP) as prepared by Medenbach & Eggers dated 8/19/10; revised dated 4/5/11 and 5/2/11
Alternative Sketch Plan of Concept Cluster Subdivision as prepared by Medenbach & Eggers 1/31/11
Agricultural Data Statement received dated 10/4/10
Flood Plain Delineation of the Mombaccus Creek at Streamside Estates as prepared by Medenbach & Eggers dated 3/14/03
FEMA Flood Map #36111C0565E effective 9/24/09
Ulster County Parcel Viewer map of Streamside Estates as prepared by Planning Board Chairman
US Fish and Wildlife Service National Wetlands Inventory Map for Streamside Estates as prepared by Clark Patterson Lee dated 2/24/11
2010 Fire Code of New York State – Chapter 5
Full EAF Part 2 as prepared by Clark Patterson Lee for Planning Board consideration at 3/15/11 meeting
Comment letter from UCPB with Required Modifications dated 10/7/10
Comment letter from T/Rochester Highway Supt. received dated 10/6/10
Comment letter from ECC received dated 11/15/10
Comment letter from HPC received dated 11/15/10
Comment letters from OPRHP received dated 10/30/09 and 11/15/10
Comment letters from Accord Fire Dist. dated 2/9/11 and 2/24/11
Comment letter from DEC dated 3/7/11
Response letter from Medenbach & Eggers to DEC dated 3/14/11
Review letters/e-mail responses from Planning Board consultant Clark Patterson Lee dated 8/21/09, 9/20/10, 10/14/10, 2/14/11, 4/19/11, and 5/10/11
Letter from Planning Board Chair to applicant dated 2/24/11
Response letters/e-mails from Medenbach & Eggers to Planning Board dated 9/30/10, 1/31/11, 4/5/11, 4/29/11, and 5/2/11

Notice of Public Hearing:

Published in the March 3, 2011 and April 14, 2011 editions of the Shawangunk Journal

Noticed by mail to known adjacent landowners

Posted on the Town Clerk’s Office bulletin board and the Town website.

Date of Public Hearing: 3/15/2011; continued 4/19/2011

Place: Town Hall, Accord, NY

Public Comment: (see Minutes of T/Rochester Planning Board; March 15, 2011 and April 19, 2011)

* * * *

CONTINUED DRAFT DECISION for STREAMSIDE ESTATES 7 LOT SUBDIVISION FOR Conditional Preliminary Approval for the Board’s consideration as follows:

DRAFT OF Facts Established by the Planning Board:

The application was referred by the Code Enforcement Officer for 9 lots for Subdivision review. Application was amended from 9 lots to 7 lots and referred by the CEO for Major Subdivision review.
The parcel location is Cherrytown Road, Tax Map #67-2-43.141
The parcel is in the Town of Rochester ‘AR-3’ zoning district.
The parcel is +/- 46.91 acres.
The parcel is owned by Streamside Estates, Inc.
The parcel is partially within an Ulster County Agricultural District.
The parcel is adjacent to the Streamside Estates manufactured housing park and the Terwilliger- Smith farm. The Terwilliger-Smith farm is a listed property on the National Historic Register which will cause a Type 1 SEQR review.
The parcel is primarily wooded and contains significant sections of greater than 15% slopes. The Mombaccus Creek (a Class A trout stream) flows through the parcel. Portions of the parcel lie in the FEMA designated 100-year flood plain.
The parcel has road frontage on Cherrytown Road. The T/ Rochester has jurisdiction over this roadway.
The applicant proposes construction of a 20’ wide private roadway with a 50’ right-of-way terminating in a 80’ cul-de-sac to access the 7 lots.
The applicant proposes an emergency access road through the adjacent manufactured housing park which will intersect the cul-de-sac. Public thru access will be restricted in a manner to be determined by the Accord Fire District.
The applicant proposes private individual water supply and individual septic for each lot.
The applicant has developed a Stormwater Pollution Protection Plan (SWPPP) and filed a Notice of Intent with the NYSDEC.
The applicant proposes the establishment of a Homeowner’s Association to address road maintenance and stormwater facility maintenance.
The applicant proposes to construct a dry hydrant fed from the pond on the adjacent parcel for fire protection. An easement will be created for access.
The applicant voluntarily proposes to establish a conservation easement over portions of the parcel which are steep sloped and in the 100-year flood plain.
The Planning Board originally classified the application as an Unlisted action under SEQR in error. This was corrected and properly classified as a Type 1 action due to the proximity of a National Historic Register property. Notice of Intent to seek Lead Agency was circulated to involved agencies and, upon receiving no objections, the T/Rochester Planning Board declared itself Lead Agency for SEQR review.
Application was referred to the Ulster County Planning Board for review which replied with Required Modifications re: Conservation Subdivision options, stormwater maintenance, health department approvals, and school bus pick-up locations.
The Ulster County Planning Board required the creation of an Alternative Sketch Plan of Concept Cluster Subdivision be prepared by the applicant. Upon review of this plan and upon consideration of Town Planning consultant comments, the T/ Rochester Planning Board rejected the mandatory requirement of a Cluster Subdivision by unanimous resolution. The Town Planning Board determined utilizing Cluster Development standards to develop this parcel would not significantly improve the subdivision. In addition, the applicant voluntarily has proposed areas of the parcel to be included in a Conservation Easement.
The NYSDEC requires compliance with SPDES General Permit and Article 15, Protection of Waters. They offer advisory comments re: deed and subdivision plat notices, 100-year flood plain, and cultural resources.
The ECC requested a review by a certified hydrologist. The Planning Board determined Town Planning consultant Clark Patterson Lee personnel are qualified to undertake this review.
The Accord Fire District requested the first 200’ of the private road be widened to 25’ and a fire truck pull-off to be located near Lot #2. Upon further discussion, the Fire District agrees to a 20’ wide road with 2’ shoulders the entire road length with no fire truck pull-off.

* * * *

CONTINUED DRAFT DECISION for STREAMSIDE ESTATES 7 LOT SUBDIVISION FOR Conditional Preliminary Approval for the Board’s consideration as follows:

DRAFT OF DECISION

The Town of Rochester Planning Board grants Conditional Preliminary Approvalpermitting the Streamside Estates, Inc. Major Subdivision of lands into 7 lots and the establishment of a Private Road situate at Cherrytown Road, Tax Map 67-2-43.141, and in an ‘AR-3’ Zoning District of the Town of Rochester with the following conditions.

DRAFT OF CONDITIONS

All Local, County, State, and Federal Codes shall be complied with.
All current or future approvals and/or conditions of approval by other agencies shall be in effect and copies shall be filed with the Planning Board.
This Conditional Preliminary Subdivision Approval shall convert to Preliminary Subdivision Approval upon the applicant submitting one (1) copy of proof of official FEMA acceptance of the applicant’s proposed delineation of the 100-year flood plain to the Planning Board and an amended Site Plan plat depicting the actual delineation of the FEMA approved area with notation added referencing FEMA acceptance. The Planning Board authorizes the Chairman to sign the Site Plan plat indicating Preliminary Subdivision Approval upon receipt of proof of FEMA acceptance and amended Site Plans indicating the FEMA approved 100-year flood plain. Should FEMA approval require amending of the Preliminary Site Plan other than plan notation, the Chairman shall bring the application to the full Planning Board for approval.
No clearing or earth disturbance (except for access for soil analysis for proposed sewage disposal systems and similar testing) shall be permitted on the site before the securing of Preliminary Subdivision Approval from the Planning Board.
Prior to any construction in a town right-of-way, an approved road access permit from the Town of Rochester Highway Supt. shall be secured and one (1) copy filed with the Town of Rochester Planning Board. All conditions of approval shall be made a part of this approval.
An escrow account shall be established by the developer with the Town of Rochester in the amount of three percent (3%) of estimated construction costs of the private road and stormwater improvements, as determined by the developer and approved by the Town Engineer. The Town Engineer or other Planning Board designated representative shall review the construction of these elements at agreed upon benchmark points to ascertain compliance with the approved plans. The Town Engineer shall verify to the Planning Board these elements are installed according to the approved Preliminary Plans and any other outside agency requirements prior to Final Approval.
Within three (3) years of the approval of the Preliminary Plan, the applicant shall install or, pursuant to Town Code §125-16, financially guarantee all subdivision improvements and submit the Plan in final form conforming to the attached checklist “Requirements to be completed prior to Final Approval submission”. Preliminary Plan approval shall expire if a Final Plan is not submitted within three (3) years, unless the Planning Board shall have granted an extension of the preliminary approval based upon a phasing plan set forth as provided for submission of Final Plans by section, provided that no Preliminary Plan shall remain valid if a Final Plan(s) for all phases, has not been submitted within three years.
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 Preliminary Site Plan.

Chairman Baden noted that at the recommendation of the Town Attorney he prepared a separate document for requirements that needed to be completed prior to final approval. This document is referenced in the Decision and therefore will be part of the Decision; however he’d like a separate vote for the Decision and Checklist.

CONTINUED DRAFT CHECKLIST OF REQUIREMENTS TO BE COMPLETED PRIOR TO FINAL APPROVAL SUBMISSION AS PART OF THE DECISION for STREAMSIDE ESTATES 7 LOT SUBDIVISION FOR Conditional Preliminary Approval for the Board’s consideration as follows:

DRAFT

CHECKLIST OF REQUIREMENTS

TO BE COMPLETED PRIOR TO FINAL APPROVAL SUBMISSION

The Final Plans shall be prepared in accordance with Town Code §125 and §125 -17 specifications and submitted to the Planning Board for consideration at a scheduled meeting.

Ulster County Health Department approval shall be secured for water and septic for each approved lot prior to the issuance of Final Approval. All conditions of approval shall be made a part of this approval. One (1) copy of certified approvals shall be filed with the Planning Board.

A Homeowner’s Association (HOA) shall be legally established. The HOA shall sign and record Management and Maintenance Agreements for Stormwater improvements and Private Road and emergency access road improvements. A Road Maintenance Agreement (RMA) as described in §125-29(R) of the Town of Rochester Code shall be established. The Stormwater and Road Management and Maintenance Agreements shall be noticed on the Final Site Plan plat and in the form of deed covenants. Each existing or future purchaser/owner of each lot shall be provided with a copy of this plan.
The applicant shall file a Statement of Release exempting the Town of Rochester from all responsibility of maintenance of road and Stormwater improvements. Nothing contained herein shall be construed in any way to require the Town of Rochester to accept dedication of any street.
The Town Attorney shall review and approve the Homeowner’s Association, Road Maintenance Agreement, and Management and Maintenance Agreements prior to the issuance of Final Approval. The Applicant shall file the approved Homeowner’s Association and Road Maintenance Agreements with the Ulster County Clerk and shall return one (1) filed copy of each to the Town of Rochester Planning Board.
The HOA Road and Stormwater Management and Maintenance Agreement shall include the following:

Provisions conforming to all regulations of the New York State Fire Code.
Maintenance easements shall be established over all parcels (including adjacent parcels) to allow access to the stormwater improvements and shall be deeded to the HOA. All such facilities associated with the approved subdivision plan shall be owned and maintained by the HOA. The developer shall be responsible until no less than 90% of all lots are sold. The HOA shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used to achieve compliance with the requirements of this law.
As per Town Code §125-28(B), the Stormwater Management and Maintenance Agreement shall contain an operation and maintenance plan prepared by the applicant and approved by the Town Engineer, which shall include the estimate of annual maintenance costs. The operation and maintenance plan shall establish responsibilities for the continued operation and maintenance of all common storm water management improvements, which shall include all storm water management improvements designed to serve more than a single lot or dwelling. A provision shall be included that sediment shall, at a minimum, be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.

As per Town Code §125-28(B), stormwater detention and retention basins or facilities owned or managed by a HOA/developer shall be inspected by a registered professional engineer licensed in the State of New York on behalf of the applicant or HOA on the following basis:

Annually for the first five years.
Once every three years thereafter.
During or immediately after the cessation of a 100-year or greater storm event.

The professional engineer conducting the inspection shall be required to submit a written report to the HOA, with a copy to the Town of Rochester Building Department, within one month following completion of the inspection. The report will present documentation and include pictures regarding the condition of the facility and recommend necessary repairs, if needed. Any needed repairs shall be implemented by the HOA or other approved entity within three months of the report issuance date.

The Accord Fire District shall determine and approve the method of public access restriction of the emergency access easement through the adjacent parcel. This method of restriction shall be maintained by the HOA.
The Private Road shall be named and naming signs installed at the street intersections. Street names shall not be repeated within the Town and shall be subject to Planning Board and Ulster County approval.
Each lot shall bear identification numbers of NYS Fire Code standards for safety and identification purposes.
Each approved lot shall indicate an area to allow for a minimum of 2 parking spaces per lot on the Final Site Plan plat.
Any construction or disturbance within the FEMA designated 100-year flood plain shall adhere to Chapter 81, Flood Damage Prevention, of the Town of Rochester Code. Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage.
A Conservation Easement shall be established by deed restrictions for each respective lot as indicated on the Preliminary Plan. Each existing or future purchaser/owner of each lot shall be provided with a copy of this plan. These restrictions shall be incorporated into any deeds for conveyances of these parcels of land. The Town Attorney shall review and approve the Conservation Easement.
The following uses/activities shall not be allowed within the designated Conservation Easement area.

Construction of principal or accessory buildings including sheds, barns and other improvements including but not limited to pools & fences.
Grading of Land.
Clearing of vegetation, including any pruning or removal of brush, dead wood, etc., excepting any clearing which may be necessary due to immediate emergency situations such as flooding or fire.
Installation of any utilities, either above ground or below ground.

The Final Site Plan plat shall bear the following notices. These notices shall also be included in deed covenants for each respective lot.

A plat and deed 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.”
A plat and deed statement stating the Mombaccus Creek (Mill Brook) is a protected “Class A” Trout Stream and identified as DEC Water Index number H-139-14-20-2.

A plat and deed statement indicating the filed Homeowner’s Association, Road Maintenance, and Stormwater Agreements.
All easements involving the subdivision (including adjacent parcels) shall be clearly identified by both metes and bounds and plat notice on the Final Plan. They shall be further recorded as deed covenants. Specific notation shall be made for the following.

The Private Road and 50’ right-of-way.
All elements of the HOA maintained stormwater improvements including access right-of-ways.
Access for the maintenance of the dry hydrant as indicated on the Preliminary Plan. This easement shall be maintained by the HOA.
The emergency access easement through the adjacent parcel and the Accord Fire District approved method of restricting access.
The Conservation Easement area.
All easements for public utilities and access for their maintenance.

The following plat and deed statements shall be included for lots #3, #4, #5, #6, and #7.

“This property contains a New York State regulated stream. For as long as any portion of the property described in this deed is subject to regulation under Article 15 (Protection of Waters) of the Environmental Conservation Law (ECL) of the State of New York, there shall be no regulated activity as defined by Article 15 of the ECL on this property within the bed or banks of this stream at any time without having first secured the necessary permission and permit required pursuant to the above noted Article 15 from the NYS Department of Environmental Conservation (DEC). This restriction shall bind the Grantees, their successors and assigns and shall be expressly set forth in all subsequent deeds to this property.”
“As per Town Code §140-12(E), each lot fronting on a named stream depicted on United States Geological Survey maps shall include a setback of 100 feet in depth from the high water mark of such stream. No principal structure shall be located within such setback, except by Planning Board authorization provided othermitigating measures such as deed covenants limiting clearing near the stream are employed to protect stream quality.”

A plat and deed statement indicating there shall be no on-street parking allowed.
GPS (Global Positioning System) reference data for stormwater outfalls and permanent structures built in accordance with New York State Stormwater Management Design Manual shall be indicated on the Final Site Plan plat.
As per the Ulster County Planning Board, a school bus pull-off area out of the public right-of-way shall be indicated on the Final Site Plan plat.

The Applicant shall be responsible for all costs and expenses incurred by the Town in connection with the review of the HOA, the RMA, and the Conservation Easement; including but not limited to, preparation of said agreements, engineering costs and attorney fees, and inspection by other Town representatives. The Applicant acknowledges and agrees that said engineers, attorneys, and other Town representatives are acting on behalf of the Town and in addition, the Applicant may obtain their own attorney or engineer.
The Subdivision Final Plan plat 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 within 30 days of filing.

DISCUSSION ON DRAFT DECISION AND CHECKLIST OF REQUIREMENTS TO BE COMPLETED PRIOR TO FINAL APPROVAL FOR STREAMSIDE ESTATES 7 LOT SUBDIVISION:

Mr. Medenbach had a couple of questions on the checklist. On item 6- “The HOA Road and Stormwater Management and Maintenance Agreement shall include the following: Provisions conforming to all regulations of the New York State Fire Code.” He wasn’t clear about this.

Chairman Baden noted that when he read through the Fire Code he had discovered that there are actually height clearance regulations for tree limbs and because it is a private road the Town has no jurisdiction to tell the applicant to cut the tree limbs. That was the intention of this item- and that the road continues to be maintained up to Fire Code standards.

Mr. Medenbach had a question with item 13– “The following uses/activities shall not be allowed within the designated Conservation Easement area.

Construction of principal or accessory buildings including sheds, barns and other improvements including but not limited to pools & fences.
Grading of Land.
Clearing of vegetation, including any pruning or removal of brush, dead wood, etc., excepting any clearing which may be necessary due to immediate emergency situations such as flooding or fire.
Installation of any utilities, either above ground or below ground.”

Mr. Medenbach noted that on item ‘C.’ – there are other conditions even with a Conservation Easement where you would remove vegetation- Minnewaska is in a big program for removing invasive plants- diseased trees need to be removed.

Mr. O’Donnell questioned where that item came from?

Chairman Baden noted that he pretty much borrowed the language from other Conservation Easements that he had found. He’d be happy to remove it or revise it.

Mr. O’Donnell noted that they learned a lot of things from the Minnewaska fire. He took a training class where he is certified to go to a house and look at new houses—a lot of times we often overprotect the area and they put a house in the middle of a forest and because people can’t cut trees, it’s more prone to fire. That’s a very dangerous thing not to be able to remove the fallen and diseased trees. Too much of this hands off conservation is actually dangerous when you stick a house in the middle of it.

Chairman Baden was willing to change it—he just wanted it to protect it from being clear cutted. They would revise it to no clear cutting of vegetation. (The actual language added to the approval was:

“The following uses/activities shall not be allowed within the designated Conservation Easement area.

e. Construction of principal or accessory buildings including sheds, barns and other improvements including but not limited to pools & fences.

f. Grading of Land.

g. Clear-cutting of vegetation.

h. Installation of any utilities, either above ground or below ground.” )

Chairman Baden asked for a motion to approve the checklist with the above mentioned revisions.

DISCUSSION ON DRAFT DECISION AND CHECKLIST OF REQUIREMENTS TO BE COMPLETED PRIOR TO FINAL APPROVAL FOR STREAMSIDE ESTATES 7 LOT SUBDIVISION:

Mr. Rominger motioned to approve the Checklist of Requirements with the stated modifications. Seconded by Mr. Ricks. No discussion.

Vote:

Baden: Yes Tapper: Absent

O’Donnell: Yes Rominger: Yes

Ullman: Absent Ricks: Yes

Smith: Yes

Motion carried. 5 ayes, 0 nays, 2 absent

Mr. Smith motioned to approve Conditional Preliminary Approval for the Streamside Estates 7 Lot Major Subdivision on Cherrytown Road as previously stated. Seconded by Mr. O’Donnell. No discussion.

Vote:

Baden: Yes Tapper: Absent

O’Donnell: Yes Rominger: Yes

Ullman: Absent Ricks: Yes

Smith: Yes

Motion carried. 5 ayes, 0 nays, 2 absent

OTHER MATTERS

TRAINING

Chairman Baden noted that they had spoken about scheduling their own training event. The Town Attorney is too busy at this time and she didn’t feel she would have the time to put together a program. She has reached out to a couple other attorneys to possibly put together a training, and we haven’t heard back from them yet.

LEGAL UPDATES

1. Chairman Baden noted that this didn’t specifically pertain to the Planning Board, but Mombaccuss Excavating has filed an appeal to the decision that was found in the Town’s favour last August for the Town’s Zoning Law and the Town Attorney will be answering that. This is an appeal for Chapter 140 by Mombaccuss Excavating. It will probably be a very long process before it is all resolved.

Chairman Baden noted that everyone received an email of the Decision for the Body of Truth. The Judge found that the Town acted correctly in one section in terms of the Decision itself. In terms of the other two areas that were challenged they determined that the Town did not do the SEQRA properly in that they didn’t consider the possible impacts of the pond which was being presented as being under phase 2. The Judge ruled that the PB didn’t consider that in their SEQRA Determination. The Town has been sanctioned for the Executive Session that the PB went into in October 2010 because the stated reason is not allowed. Legal advice is not an allowed reason.

OTHER MATTERS- LEGAL UPDATES CONTINUED:

Mr. Ricks recalled that and noted that they didn’t want to disclose her advice in public.

Chairman Baden noted that unfortunately it wasn’t allowed. If it is an ongoing legal case you are allowed to go into Executive Session—like if a lawsuit is filed. He spoke with the Town Attorney today and she said that if the PB wanted to go into detail about the Body of Truth they could go into Executive Session because it is an ongoing lawsuit. Just legal advice from your attorney is not an allowed reason.

Mr. Rominger questioned what the Board should have done in that case? Disclose the discussion in that matter?

Chairman Baden noted that the Town Attorney’s opinion in that matter is that the PB can confer with their Attorney at any time, prior to the meeting, but in the middle of a public meeting you cannot call Executive Session to discuss legal advice unless it is an ongoing filed law suit.

Mr. Rominger continued that they went into it to clarify some issues.

Chairman Baden noted that she did say they could call a recess and since she wasn’t there they could have called her on her cell phone and get a specific opinion about something away from the meeting itself.

Mr. Ricks noted that is just like Executive Session.

Chairman Baden agreed that it was like it.

Mr. Ricks questioned what needed to be addressed with the pond?

Chairman Baden noted that the PB didn’t consider it – the PB stated that because it was in Phase 2 and because they needed to get DEC approval to construct it, they didn’t do any review of it and as soon as the PB said it was up to the DEC the Judge ruled that they delegated their authority to the DEC.

Mr. Ricks noted that there wasn’t really too much to review.

Chairman Baden noted that the pond was part of the original application and then it was pulled out as a separate Phase 2 because it was presented that it was going to take a while to get DEC Approval. That’s why their Decision was found as okay because they reviewed the entire application except the pond. They said that anything that had to do with the pond had to come back for further review, but under SEQRA you have to review the entire project. This does null and void the whole Decision. Without a SEQRA approval, they couldn’t’ have gotten to their decision. The Judge found that the Decision was reasonable and rational, but they couldn’t get there because they didn’t do SEQRA properly. So, what the Town Attorney has said is that first of all the Decision is not officially filed. The Judges Clerk does not file the Decision in Ulster County- the Attorney for the Plaintiff does that. To their knowledge this has not yet been done. The Town Attorney’s answer is that they would pick up the SEQRA again. They don’t have to re-type it—all that they did—Typing, Lead Agency Status and all that was done properly. In doing the Part 2 of SEQRA is where it was done incorrectly. He wasn’t sure if another Public Hearing would have to be held. Because the Public Hearing in subdivision cannot occur until after you have done SEQRA, in Special Use/Site Plan- the Public Hearing can take place before you do SEQRA Determination. They will have to get advisement from the Town Attorney. He also knows that since that time

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the DEC has done more review on the pond. The applicant may now want the PB to consider it all as one. He has no idea what they would want. The Town Attorney will be at the June meeting. He anticipates that they will be picking up that application in some form.

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 7:55 PM, Chairman Baden adjourned the meeting.

Respectfully submitted,

Rebecca Paddock Stange, Secretary