Planning Board Minutes Sept. 2011

MINUTES OF September 13, 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 everyone to remain standing for a moment of silence after the Pledge to the Flag in remembrance of September 11th.

 

Chairman Baden asked the Secretary for roll call attendance.

 

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

 

Also present:
Town Attorney, Mary Lou Christiana. Adam S. Paddock, Planning Board Alternate (seated in the audience).

 

ANNOUNCEMENTS

 

Chairman Baden announced that the Basilotta Application that was in front of the Board last month was put on hold at the request of the property owner. The applicant and property owner were given a list of options in order to proceed and rectify the issue with the lot line that went through the property owner’s structure. They needed to resolve some issues before they continued.    

 

Trainings:

 

Chairman Baden noted that there were some Orange County Planning sessions that were coming up this month. There was also a flyer that was put out for online training opportunities for local government officials. Also, the Ulster County Planning Board (UCPB) would be having a free seminar sometime in October on Wetlands with a DEC wetlands specialist. The Southern part of Ulster County was currently undergoing remapping, so this was fairly pertinent to the Board. There was also a training in Millbrook on October 22, 2011 on Climate Change. That was also free. The NYPF conference was in Albany this year, however there was a fairly expensive fee involved.

 

Minutes:
The minutes from August 9, 2011 were tabled until the next regular meeting.
CONTINUED APPLICATION, SEQR REVIEW, AND PUBLIC HEARING
OPEN SPACE CONSERVANCY/THE BELLVALE PARTNERSHIP
(2011-08SBD): Minor Subdivision for 2 lots, 5767 Route 44/55 near Park Lane, Tax Map #84.2-1-28, ‘R-5’ Zoning District

 

Al Mercurio of Mercurio, Norton, and Tarroli Land Surveyors was present on behalf of the application. Mr. Mercurio  explained that the Bellvale Partnership owned 3 parcels- 2 in the Town of Wawarsing and 1 in the Town of Rochester. The plan is to subdivide the parcel in the Town of Rochester that is +/-34 acres. Lot 1 would be +/-14 acres and would retain the existing cabin and a driveway. Lot 2 would be +/-19 acres and is intended to be conveyed to the Open Space Institute. There is no proposed building on that lot and that would have access to a 50’ wide strip of land to Route 44/55. Lot 2 would ultimately be conveyed to the Palisades Park Commission and the property lies within the R-5 Rural Conservation zone which is a minimum of 5 acres. Last meeting the Planning Board (PB) asked the applicant to add a note to the map saying that lot #2 would never be a building lot and if so it needed to come back to the PB for approval and would need Health Dept. approval and a NYS DOT driveway access permit.

 

Chairman Baden noted that they had asked for that note because of the stream crossing for the 50’ wide access to lot #2. They are proposing that not as a building lot.

 

Before the public hearing was opened the Board reviewed Part 2 of the Short EAF. No items were checked off as having potential impacts.

 

Mr. Ricks motioned for a Negative Declaration, seconded by Mr. O’Donnell. No discussion.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Absent                                          Ricks:          Yes
Smith:          Absent                                                  
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent

 

Chairman Baden opened the Hearing to the Public at 7:15PM.

 

George Pasternak, bounding owner, was recognized to speak. Were they selling 30 acres?

 

Chairman Baden noted that the applicant was dividing a +/-34 acre lot into two lots.

 

Mr. Mercurio noted that lot 2 was being conveyed to the Open Space Conservancy.

 

At 7:17PM Mr. Rominger motioned to close the Public Hearing. Seconded by Mr. Tapper. No discussion.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Absent                                          Ricks:          Yes
Smith:          Absent                                                  
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent

 

CONTINUED APPLICATION, SEQR REVIEW, AND PUBLIC HEARING
OPEN SPACE CONSERVANCY/THE BELLVALE PARTNERSHIP
(2011-08SBD): Minor Subdivision for 2 lots, 5767 Route 44/55 near Park Lane, Tax Map #84.2-1-28, ‘R-5’ Zoning District

 

At this time Chairman Baden read a draft decision for this application.

 

Mr. Ricks motioned and Mr. O’Donnell seconded to give Conditional Final Approval to the application with the following facts and conditions:
Facts Established by the Planning Board:
  • The application was determined a Minor Subdivision and was referred to the Planning Board for review by the Code Enforcement Office on 7/6/2011.
  • The parcel location is 5767 Route 44/55, Tax Map#:84.2-1-28, and in the ‘R-5’ zoning district.
  • The parcel is owned by The Bellvale Partnership.        
  • The parcel is +/-34.741 acres.  It is proposed to be further subdivided into 2 lots: Lot 1: +/-14.747 acres and Lot 2: +/-19.994 acres.
  • The proposed lots will each have the required minimum road frontage on US Route 44/55.
  • The proposed lots meet the development standards of Town of Rochester Code Chapter 140, Zoning.
  • The parcel borders State parklands owned by the Palisades Interstate Park Commission and also borders the Town of Wawarsing.     
  • The parcel current use is residential and undeveloped land.
  • The proposed Lot 1 contains existing improvements of a wood framed cabin, a shale driveway, and utility hookups.
  • The proposed Lot 2 is undeveloped land and contains an unnamed stream which restricts driveway access. Proposed Lot 2 has the required minimum 50’ road frontage but will be restricted as “Not a building lot” by the applicant. The Planning Board will require the denial of building permits for Lot 2 except upon meeting Conditions of Approval #2.    
  • Proposed Lot 2 is intended to be conveyed to Open Space Conservancy, Inc.
  • The application was determined to meet the Exception Agreement standards of the Ulster County Planning Board and was exempt from UCPB review.
*                       *                       *                       *
RESOLVED,

 

        The Town of Rochester Planning Board grants Minor Subdivision-Conditional Final Approval to The Bellvale Partnership permitting the subdivision of lands situate at 5767 Route 44/55, Tax Map #84.2-1-28, and in an ‘R-5’ Zoning District of the T/ Rochester with the following conditions of approval.  
        This Conditional Final Approval shall expire 180 days from approval date unless conditions #2 through #4 are satisfied by the applicant and certified as complete by the Chairman.  This period may be extended for two additional 90-day periods upon application to and resolution by the T/ Rochester Planning Board.  
        The Planning Board further grants Minor Subdivision-Final Approval upon satisfactory certification of conditions #2 through #4 and authorizes the Chairman to sign the Subdivision Final Plan.
CONTINUED APPLICATION, SEQR REVIEW, AND PUBLIC HEARING
OPEN SPACE CONSERVANCY/THE BELLVALE PARTNERSHIP
(2011-08SBD): Minor Subdivision for 2 lots, 5767 Route 44/55 near Park Lane, Tax Map #84.2-1-28, ‘R-5’ Zoning District
CONDITIONS of APPROVAL:  
  • All Local, County, State, and Federal Laws or Codes shall be complied with.
  • Lot 2 shall be designated as “Not a building lot – No building permits shall be issued” on the subdivision plat.  This designation shall be further included as a deed restriction for Lot 2.  
Should a Lot 2 building permit be desired in the future and an application submitted to the Building Dept., re-application to the Planning Board for an amended Subdivision approval shall be required prior to any building permit issuance. For consideration of approval the following permits shall be secured at a minimum:
  • Approved NYS Dept. of Transportation driveway permit
  • Approved Ulster County Health Dept. septic permit
  • Approved NYS Dept. of Conservation stream crossing permit or a letter from the DEC stating a permit is not required
  • This statement shall be required on the subdivision plat prior to the Chairman’s signature:
“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.”
  • Any and all fees due to the Town of Rochester involving this application shall be paid in full prior to the Chairman’s signature on the Subdivision Final Plan.
  • The Subdivision Final Plan bearing the Chairman’s signature shall be filed in the office of the Ulster County Clerk within 60 days of Final Approval.  Applicant shall return three (3) filed copies of the Subdivision Plan and one (1) filed copy of deeds to the Town of Rochester Planning Board within 30 days of filing.  
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Absent                                          Ricks:          Yes
Smith:          Absent                                                  
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent
CONTINUED APPLICATION, SEQR REVIEW, AND PUBLIC HEARING
MATHEW DENNIN
(2011-07SBD):  Minor Subdivision for 2 lots, Dennin Lane (Private Road #24), Tax Map #69.3-1-14, ‘AR-3’ Zoning District
                        
Mr. Dennin and Mr. Hennebery were present on behalf of the application.

 

Chairman Baden noted that the following correspondence was received in regards to this application:
  •  Memo from T/Rochester Highway Supt. regarding private road “Dennin Lane” dated 8/17/2011.
Ulster County Planning Board review dated 9/13/2011 with a response of “No County Impact”.
Memo from Paul J. Mele, P.E. certifying Lot 1 is capable of Health Dept. septic approval.

 

Before the public hearing was opened the Board reviewed Part 2 of the Short EAF. No items were checked off as having potential impacts.

 

Mr. O’Donnell motioned for a Negative Declaration, seconded by Mr. Tapper. No discussion.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Absent                                          Ricks:          Yes
Smith:          Absent                                                  
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent

 

Chairman Baden opened the Hearing to the Public at 7:25 PM.

 

Mr. Ricks questioned why this application needed to be referred to the County.

 

Chairman Baden responded it was because the property was in a County Ag District and a tiny part of the parcel was in the flood plain. The County said that it could have met the exception agreement, but just to be on the safe side the PB sent it and there were no issues.

 

Mr. Ricks questioned if the private road was gravel and the right of way being constructed would be the same?

 

Mr. Dennin stated yes it would be gravel like the private road.

 

Chairman Baden questioned how long the private road was?

 

Mr. Dennin wasn’t sure.

 

Chairman Baden asked if it was less than ¼ mile?

 

Mr. Dennin believed so.

 

Mr. Ricks questioned if Mr. Dennin’s field was adequate enough to turn a truck around?

 

Mr. Dennin answered that it was.

 

CONTINUED APPLICATION, SEQR REVIEW, AND PUBLIC HEARING
MATHEW DENNIN
(2011-07SBD):  Minor Subdivision for 2 lots, Dennin Lane (Private Road #24), Tax Map #69.3-1-14, ‘AR-3’ Zoning District

 

At 7:30PM Mr. Rominger motioned to close the Public Hearing. Seconded by Mr. Ricks. No discussion.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Absent                                          Ricks:          Yes
Smith:          Absent                                                  
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent

 

At this time Chairman Baden read a draft decision for this application.

 

Mr. O’Donnell  motioned and Mr. Ricks seconded to give Conditional Final Approval to the application with the following facts and conditions:
Facts Established by the Planning Board:
  • The application was determined a Minor Subdivision and was referred to the Planning Board for review by the Code Enforcement Office on 7/27/2011.
  • The parcel location is off private road “Dennin Lane” off Airport Rd., Tax Map#:69.3-1-14, and in the ‘AR-3’ zoning district.
  • The parcel is owned by Matthew J. Dennin.       
  • The parcel is +/-11.115 acres.  It is proposed to be further subdivided into 2 lots: Lot 1: +/-3.015 acres and Lot 2: +/-8.100 acres.
  • The proposed lots will not have the required minimum road frontages on a public or private roadway.  A waiver is sought under §125-22(J) of the Town of Rochester Code.
        “All lots shall front on the edge of a public or private road right-of-way (existing or proposed) and the right-of-way of the principal access to any subdivision shall be a minimum of 50 feet in width. However, upon written request by the subdivider, the Town may grant a waiver from this and other street requirements of this Law to permit access to no more than two single-family residential lots (or three lots in the case of flag lots) from a driveway, provided a release has been given the Town and approved by the Town Board making clear that the Town is exempted from all responsibility for the maintenance of the same and the lot in question is not capable of being subdivided further or is so restricted. Evidence of satisfactory shared arrangements for ownership and maintenance of the drive shall also be provided in the form of deed covenants.”
  • A 50’ wide right-of-way is proposed over the contiguous lands of Matthew J. Dennin identified as filed map 12219-Lot 3 (Liber 3331 Page 272) to access Lots 1 and 2.  A Road Maintenance Agreement will be required.
  • The proposed lots meet the development standards of the Town of Rochester Code Chapter 140, Zoning.
  • The parcel is in a NYS Agricultural District.     
  • The parcel borders the Peters Kill stream and a small portion of proposed Lot 2 lies in the 100 year floodplain mapped area as depicted by FEMA on plate 36111C0590E as of 9/25/2009.  The Planning Board will require a map notation indicating this.
  • The parcel current use is vacant land and is pasture.
CONTINUED APPLICATION, SEQR REVIEW, AND PUBLIC HEARING
MATHEW DENNIN
(2011-07SBD):  Minor Subdivision for 2 lots, Dennin Lane (Private Road #24), Tax Map #69.3-1-14, ‘AR-3’ Zoning District

 

  • A residence, septic area, and well are proposed on Lot 1.  Lot 2 is proposed to remain vacant land.
  • The application was referred to the Ulster County Planning Board for review.  A reply of “No County Impact” was received.
  • The T/Rochester Highway Supt. was requested to offer a determination if Dennin Road could support 2 additional lots.  His reply was it was suitable.
RESOLVED,

 

        The Town of Rochester Planning Board grants Minor Subdivision-Conditional Final Approval to Matthew J. Dennin permitting the subdivision of lands situate at private road “Dennin Lane” off Airport Rd., Tax Map #69.3-1-14, and in an ‘AR-3’ Zoning District of the T/ Rochester with the following conditions of approval.  
        This Conditional Final Approval shall expire 180 days from approval date unless conditions #2 through #7 are satisfied by the applicant and certified as complete by the Chairman.  This period may be extended for two additional 90 day periods upon application to and resolution by the T/ Rochester Planning Board.  
        The Planning Board further grants Minor Subdivision-Final Approval upon satisfactory certification of conditions #2 through #7 and authorizes the Chairman to sign the Subdivision Final Plan.
CONDITIONS of APPROVAL:  
  • All Local, County, State, and Federal Laws or Codes shall be complied with.
  • This statement shall be required on the subdivision plat prior to the Chairman’s signature and shall be further incorporated into deed restrictions:
“Lots 1 and 2 shall be restricted to residential and/or agricultural use only and shall not be further subdivided so long as the sole access to these lots runs through the 50’ wide right-of-way over the lands of Matthew J. Dennin and is not from a public or private roadway as per §125-22 (J) of the Town of Rochester Code.”
  • Evidence of shared arrangements for road access 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.  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 Matthew J. Dennin.
  • The RMA and Statement of Release shall be filed with and approved by the Attorney for the Town.  Applicant shall file the approved RMA with the Ulster County Clerk and shall return one (1) filed copy of the RMA to the T/ Rochester Planning Board.
  • Ulster County Health Department (UCHD) approval for Lot 1 shall be secured prior to the issuance of Final Approval.  All provisions of the UCHD approval shall be made a part of this approval. Should any provisions of the UCHD approval cause alteration of the Final Plan metes and bounds, the application shall be re-submitted to the Planning Board for review.   One (1) copy of UCHD approvals shall be filed with the Planning Board within 30 days of the approval.

CONTINUED APPLICATION, SEQR REVIEW, AND PUBLIC HEARING
MATHEW DENNIN
(2011-07SBD):  Minor Subdivision for 2 lots, Dennin Lane (Private Road #24), Tax Map #69.3-1-14, ‘AR-3’ Zoning District

 

  • 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.
  • Any and all fees due to the Town of Rochester involving this application shall be paid in full prior to the Chairman’s signature on the Subdivision Final Plat.
  • The Town of Rochester Highway Supt. shall certify the right-of-way access to Lots 1 and 2 is constructed as per §125-29(R) of the Town of Rochester Code.  The Building Dept. shall not issue a Certificate of Occupancy until such right-of-way certification is obtained.  One (1) copy of certification shall be filed with the Planning Board.   
  • The Subdivision Final Plan bearing the Chairman’s signature shall be filed in the office of the Ulster County Clerk within 60 days of Final Approval.  Applicant shall return three (3) filed copies of the Subdivision Plan, and one (1) filed copy of deeds to the Town of Rochester Planning Board within 30 days of filing.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Absent                                          Ricks:          Yes
Smith:          Absent                                                  
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent
CONTINUED APPLICATION REVIEW, SEQR REVIEW, AND PUBLIC HEARING
(2010-04SUP):
REAL ESCAPES PROPERTY, 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

 

Applicant’s Attorney, John Cappello was present on behalf of the application. .
CONTINUED APPLICATION REVIEW, SEQR REVIEW, AND PUBLIC HEARING
(2010-04SUP):
REAL ESCAPES PROPERTY, 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

 

Chairman Baden noted that the Board has circulated notice for Intent to be Lead Agency to the UCIDA and UCDC on July 13, 2011.  Mr. O’Halloran, Chairman of the UCIDA, responded via email stating that they have not received an application from Ms. Harari and therefore they are not an involved agency in this matter. Because the applicant has intentions to apply to the UCIDA the PB is going to continue to consider the UCIDA an Involved Agency because they will be involved in the future. The UCDC has not responded in regards to the notice sent by the Town, but they had previously responded that they were not interested in becoming Lead Agency. The 30 day time frame to respond has passed and therefore the Board can establish lead agency.

 

Mr. Rominger motioned for the Town of Rochester declare itself Lead Agency on this application. Seconded by Mr. Tapper. No discussion.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Absent                                          Ricks:          Yes
Smith:          Absent                                                  
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent

 

Chairman Baden noted that the involved agencies on this application are the NYS DEC, OPRHP, UCHD, UCDPW, UCDC, and UCIDA. Interested agencies are the Town of Rochester ECC & HPC, and the Accord Fire District. This is a Type 1 Action under SEQRA.

 

Chairman Baden continued and noted that since the Board’s last meeting on this application 2 months ago some changes had been made to this application.

 

Mr. Cappello gave a brief overview of what had changed. He noted that he had prepared a package and submitted it to the PB Office on this date.

 

Chairman Baden noted to the Board Members that they did receive this packet as an email as it was a lengthy document and the Secretary does have a hard copy. If anyone would like a hard copy, let the Secretary know.

 

Mr. Cappello noted that the changes that occur related to the design of the original building. As the PB recalled, the OPRHP had looked at this and they had signed off on the construction of the new buildings, but they had reservation regarding the expansion of the existing building which is referred to as the Sahler House. Once they received that letter, their architect, Curt Sutherland, and the applicant had discussions with the personnel at the OPRHP to discuss their concerns and see what could be done to address their concerns. They provided additional site photographs and information showing the house with the kitchen addition from the 1940’s. There had been mold problems and the kitchen had been removed. The new design was also to soften the impact of
CONTINUED APPLICATION REVIEW, SEQR REVIEW, AND PUBLIC HEARING
(2010-04SUP):
REAL ESCAPES PROPERTY, 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

 

the project and he didn’t have the architect at this meeting to explain it as it should be explained, but there was a letter from the Architect included in the packet that had been submitted to the PB office on this date. The main building would retain its character and the additions would be offset a little bit is how he understood it.

 

Chairman Baden questioned if someone could provide what the square footage of the existing building was right now and then what the square footage of what the two additions would be with the changes? Would the Board be getting a new Site Plan that would show those changes?

 

Mr. Cappello answered yes. He continued to note that the footprint had been reduced by 90 square feet and based on that they received a new letter from OPRHP saying that they were now okay with the project.

 

Chairman Baden read from letter dated July 12, 2011 where the OPRHP was now okay with the additions to the main house.

 

Mr. Tapper questioned if the OPRHP had these comments in 2010 when this application was approved by the PB?

 

Chairman Baden answered that OPRHP did have these comments back then.

 

Mr. Cappello continued to recap the applicant’s comments and responses from the July 2011 Public Hearing. He noted that at that last meeting there was a comment raised regarding a presence of endangered plant and animal species. At that time the information they had was that there was nothing in the DEC’s records that would indicate this and based on the fact that the DEC had been to the site when they flagged the wetlands, they didn’t raise any questions of a presence of endangered plant or animal species. They then went the next step further and retained Michael Nowicki of Ecological Solutions, LLC and he conducted a site specific review and that is also included in the package given to the PB on this date. Now it is confirmed with the DEC records that there is no presence of endangered or threatened species of plants or animal that would be affected by the development. There was also a question raised as to whether the site had any hazardous or solid waste located on the property as it had been used as a chicken farm in the past. They had a response in Exhibit D of their letter which is a response to the EAF comments of Mr. Medenbach stating that he had looked at the Town files and the Town’s groundwater study and Mr. Nowicki did a site specific Phase 1 environmental investigation which was quite lengthy. He found no issues with a potential or a presence of environmental waste. He also noted that they will be amending the EAF slightly as they have revised a part of it referring to the traffic. Mr. Medenbach went back and looked at the special events and re-analyzed it and revised the estimate from 26 to 36 vehicles at peak hours. But given the school traffic and the red light that had been installed at the intersection of Route 209 and Kyserike Road, it was light and it differed from the peak hours of traffic for school.
CONTINUED APPLICATION REVIEW, SEQR REVIEW, AND PUBLIC HEARING
(2010-04SUP):
REAL ESCAPES PROPERTY, 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

 

Chairman Baden questioned the Town Attorney if that should be re-circulated as a part of SEQRA to involved agencies?

 

The Town Attorney, Mrs. Christiana noted that they should just re-circulate that page that was revised to see if there are any comments.

 

Mr. Cappello noted that in their response there was also a section on noise and decibel levels. The two new items to mitigate any potential for decibel level increase is a proposal to install a 6’ high fence along the property line of the neighbor to serve as a little bit of a buffer and to potentially put plantings on the applicant’s side of the fence. They are also proposing in regards to the special events and any music that would occur within the pavilion would be closed on 3 sides and not closed on top, it would be +/-128 feet from the property line, so with the buffer of the walls on that facility and the fence and potential vegetation it will mitigate potential issues.  In regards to the discussion of guest rooms, they go back to the 2004 approval and discussions where the application was approved and there was discussion of up to 5 guest rooms for overnight guests and in 2010 the Code Enforcement Officer made a determination that it was included in the 2004 approval and now the applicant wants to keep consistent the use of the guest rooms and have it included into this approval for the Board’s consideration. In regards to special events the applicant has voluntarily limited the events from 16 which were approved in 2010 to 12 events. In reality there will be even less than that. This is an ultimate estimate of want the applicant wants to do with the property. She wants to bring everything up that she might do so she doesn’t have to come back in the future. There was an issue with the neighbor’s access. The applicant has agreed to grant Mr. Feldman a license for him to use the entrance opposite to the main entrance.

 

Chairman Baden wanted to clarify—were they talking about the parcel owned by the applicant that was on the other side of Mr. Feldman?

 

Mr. Cappello answered yes.

 

Mr. Cappello continued to address the comments raised at the previous Public Hearing. In response to comments raised in regards to the Comprehensive Plan and Zoning, the Comprehensive Plan encourages economic development and increases to the tax base. It also promotes marketing and tourism similar to that of a bed and breakfast that draw people to the area who will maybe visit a local restaurant or purchase a home . This application provides attractive ratables and meet the codes of the Comprehensive Plan. In regards to wetlands on the property, it has been addressed by the DEC and they cannot issue a permit until the PB makes their decision. He understood that this was a really large packet and he didn’t expect the Board to be able to do anything this evening. He also emailed this packet to Mr. Feldman’s Attorney.
CONTINUED APPLICATION REVIEW, SEQR REVIEW, AND PUBLIC HEARING
(2010-04SUP):
REAL ESCAPES PROPERTY, 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

 

Chairman Baden asked if the applicant was going to submit a revised EAF, he requested they  only submit the page that has changed and get it to the PB Office as soon as possible so that the Board could re-circulate it to the involved agencies. If it was possible to get it by tomorrow so it could get out prior to the weekend that would be great. He too understood that this was a lot of information and questioned if anyone on the Board had any questions?
He stated that on August 8th he submitted a letter to the UCDPW requesting any information they might be able to provide in regards to vehicular use on Kyserike Road, but we didn’t receive a reply. The Secretary received copies of the demolition permit for the file from the Code Enforcement Office of when that kitchen was removed dated July 24, 2009. Chairman Baden found online the original application at the National Register of Historic Places for the Sahler House. It’s their application packet with photos. It was public information on the Internet. The photos that accompany it did show the kitchen that was removed very clearly. The Board also received two correspondences from the OPRHP from July 12, 2011 where they remained their opinion that it would have a substantial negative impact and then based on the changes to the design they issued a new letter dated August 19, 2011 where they say based on their review of the submitted new designs, the overall project did not have the potential to substantially impact historic resources. Chairman Baden questioned Mr. Cappello if those design changes reflected the concerns of the Town’s Historic Preservation Commission (HPC) as well?

 

Mr. Cappello thought that the OPRHP actually wanted the Hyphen that was the concern of the HPC so that it was a clear disconnect to the historic portion of the home.

 

Mr. Rominger questioned if Board Members could get copies of the minutes from the 2010 application review?

 

Chairman Baden noted that the Members had received them at one time during that review, but knew that many of them probably didn’t hold on to them. He would have the Secretary email them around to the members again. Chairman Baden noted that Mr. Cappello had added in the minutes from meeting of the 2004 decision. He noted that the minutes from the two meetings prior there is a section where the applicant says that their intent is to not have overnight guests at this time during that review process. He will make sure that the Secretary gets all of those minutes to members so they can look them over and decide for themselves what they think. The question is basically, Were guest rooms applied for in the original 2003/04 application and were they approved? Because if they were not approved, it is up to the Board to consider if that is a non conforming use. Its up to the Board to consider if it is a usual use for a membership club or not. He wasn’t going to interject any opinion right now, he would let the Board members read it and come up with their own conclusions. He would make up a list of exactly what was being applied for and they would just go through item by item and decide if each of these is a legitimate expansion of the approved membership club.

 

As there were no other questions from the Board the Hearing was opened to the public.
CONTINUED APPLICATION REVIEW, SEQR REVIEW, AND PUBLIC HEARING
(2010-04SUP):
REAL ESCAPES PROPERTY, 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

 

Chairman Baden recognized bounding owner, Daniel Feldman to speak. He asked if Mr. Feldman or anyone else from the public wanted a presentation on the overall project as the project was very familiar to most people as it has been an ongoing application. He’d be happy to explain the overall project, but if no one was interested he just wanted to move forward with the public comments.

 

Mr. Feldman noted that his Attorney James Bacon was not able to attend to represent Mr. Feldman at this meeting. Mr. Bacon was a Town Justice in New Paltz and he didn’t think he’d be able to make it tonight. The comments that Mr. Feldman will put on the record this evening were discussed between himself and Mr. Bacon. He was assuming from the discussion that the Public Hearing was going to re-open and the SEQRA Determination would not be made at this meeting? Was that correct?

 

Chairman Baden couldn’t speak for the Board, but his suspicion was that based on the fact that they just received this information from the applicant that they would not close the Public Hearing this evening and they would not conduct SEQRA review at this meeting. That was certainly the Board’s decision to make, but that was his guess.

 

Mr. Feldman continued and noted that he did get a chance to look over the comments provided by the applicant on this date and regarding comments on the endangered species of plant and animals, the report prepared by Ecological Solutions is not adequate. They only identified the presence of 3 potentially threatened species. The report identifies the habitat as forested wetland, pond, field, and meadow. According to the report which he submitted to the Planning Board at the last Public Hearing, the same habitats yielded 22 endangered plant and animal species. That report was prepared by Hudsonia for Marbletown and they are the regional authority on these issues and they are not for profit as opposed to an LLC and he would urge the PB to contact Hudsonia, specifically Eric Kyvit and he could do a more thorough comprehensive review. Regarding overnight guests his understanding is that the original application of 2003 to expand the home occupation did not include this as one of the uses. That was never subject to review by the Code Enforcement Officer for compliance. The 2010 application does not list this as a use being applied for and so that was not in front of the Board for review. His understanding is that no approval has ever been granted for overnights guests and it shouldn’t be permitted now. He was also curious as to when special events were introduced as a part of the application? It seems like it came in at the 11th hour of the 2010 review. It was never reviewed by the CEO for compliance. The public was never noticed of this as a part of the application. He was sure that if it was, more neighbors would be out against this. In regards to the vehicular trips, Mr. Feldman requested a clarification on what was said to be revised by the applicant?

 

Chairman Baden noted that they revised the EAF to read 36 vehicular trips at peak. He hasn’t had a chance to review it yet to compare it to what was originally submitted.
CONTINUED APPLICATION REVIEW, SEQR REVIEW, AND PUBLIC HEARING
(2010-04SUP):
REAL ESCAPES PROPERTY, 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

 

Mr. Feldman noted that the magnitude of the impact of traffic has increased. He noted that he appreciates that the applicant has proposed to put up fencing which he believes will be 6’ at height on his property border. He lives in a 2 story building and he isn’t a tall person, but if he was a little taller or if he was standing on a log he could look over the fence. It’s not going to do anything in terms of privacy and noise will travel right over it. The provisions to mitigate the noise sound like they will make it worse. A 3 sided pavilion will be like a bandstand. 12 events per year essentially will be every weekend of June, July, and August. Every neighbor will be subject to the noise. Regarding the access—it sounds good on paper, but he hasn’t had a Road Maintenance Agreement since he’s owned the property since 1997 and since that time he has maintained the road, plowing, removal of debris, with the exception of filling potholes- one of which now is so large that the access is impossible and it has 3’ of standing water in it. In regards to the applicant’s attorney’s comments regarding the Comprehensive Plan—they fail to address the plan in its entirety. The Comprehensive Plan wasn’t brought up in 2010. Mr. Feldman reiterated his statements from the July 2011 Public Hearing regarding the Comprehensive Plan. Mr. Feldman continued to note that there is a major problem with the applicant’s contention that the uses proposed are similar to a bed and breakfast and a resort hotel as far as being allowed with a Special Use Permit. That is not allowed. If the applicant wants a bed and breakfast, they should apply for a bed and breakfast, if they want a resort hotel, they should apply for a resort hotel. Mr. Feldman thinks the Board needs to decide is that the applicant is attempting to circumvent the zoning code by making this into a de facto commercial zone. In regards to retail operations vs. not for profit activities- has the Board discussed or come up with a determination if there are retail activities and not for profit activities are permitted on the site?

 

Chairman Baden didn’t believe the Board has had any of those discussions yet under this second review. He can’t remember if those discussions took place in 2010.

 

Mr. Feldman continued, the Board’s current definition of a Membership Club specifically says that retail activities and commercial activities are not permitted. It does not seem unreasonable to ask the applicant to provide proof that she is operating a not for profit business and proof of her bylaws demonstrating this status and tax returns could prove this.  If she wants to expand her 501c3 status, she should present these documentations to prove this.

 

Chairman Baden appreciated Mr. Feldman’s comments, however he has let Mr. Feldman speak for 15 minutes already and at the last public hearing he let Mr. Feldman go on for considerably longer. If there are a lot of other comments he asked that Mr. Feldman put them in writing and get them to the PB Office.

 

Mr. Feldman just wanted to read one more paragraph from his statement that he prepared. He thought that maybe the most important thing of all is the precedent that is being set. Every application that comes after this in the Town of Rochester will be judged by the criteria established in this case. The precedent will show that individuals can apply for a home occupation, and can go for a not for profit business when in reality it is for profit and then expand it by 600% to a full commercial use

 

CONTINUED APPLICATION REVIEW, SEQR REVIEW, AND PUBLIC HEARING
(2010-04SUP):
REAL ESCAPES PROPERTY, 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

 

Mr. Cappello wanted to respond to some of Mr. Feldman’s comments. Mr. Feldman keeps ignoring the fact that there is a Special Use Permit existing in the residential zones allowing non-conforming uses the ability to expand. Mr. Feldman challenged this before. The judge found that the Board’s decision to grant that expansion was rational and it was upheld. It’s consistent with the Comprehensive Plan. The Comprehensive Plan and the Zoning were adopted afterwards and the Comp Plan allowed people with existing businesses to expand and continue to operate. That’s why they were allowed to expand a non-conforming use. The reason that they discussed resort hotels and other commercial uses is to repute the allegations made here that a commercial activity cannot exist in a residential zone. That is not true. It’s not what the Code says. It’s not what the Court says. The issue of non profits was never something that was conditioned. It was never said this had to be a non profit. This was before the Court. The Court upheld the use. The Court said SEQRA was done incorrectly and they are here to deal with that. The applicant decided to come in and respond to the issues raised by the Court. Mr. Feldman could have accepted the determination of the Court, or he could have appealed it. He seems to re-argue the same points again and again. Mr. Cappello continued and noted that the overnight guests issue is going to be decided by the PB. The CEO said that overnight guests were included in the application. Mr. Feldman never appealed that determination to the ZBA. That was over a year ago. That boat has sailed. He can continue to argue, but facts are facts. The Board will look at the record and try to work on the issues. The report done by Mr. Nowicki for the applicant was specific to this site. It is not warranted to compare this to Hudsonia’s report for an entire Town, or ask them to review this work that was done.

 

Chairman Baden read letter dated July 12, 2011 from Jill Moscowitz in favor of the Body of Truth application.

 

Chairman Baden noted that they re-circulated the EAF to all the involved and interested agencies and the only comments received were from the Town’s HPC regarding the dislike of the use of the glass hyphen.

 

Mr. Rominger motioned to continue the Public Hearing at the October 11, 2011 meeting. Seconded by Mr. Tapper. No discussion.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Absent                                          Ricks:          Yes
Smith:          Absent                                                  
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent

 

Chairman Baden noted that the application was initially reviewed by the Town’s Planning consultant and an escrow account was set up. The Planner has not involved themselves recently other than to review the submittal in July because their opinion was that at this point the Involved Agencies could add more expertise and would supercede anything that they would say anyway. He questioned if the Board felt that the applicant’s reply and any additional information that was submitted since July be submitted to the Planner and ask them to look at specific parts of it or all of it? Did they not want them to look at it at all?
CONTINUED APPLICATION REVIEW, SEQR REVIEW, AND PUBLIC HEARING
(2010-04SUP):
REAL ESCAPES PROPERTY, 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

 

Mr. Ricks didn’t think unless it was a substantial design change or engineering change that the Planner should review it.

 

Chairman Baden noted that the specific change is the applicant lessening the footprint of the building. The question is in terms of the points that were raised in July about the environmental issues. Did the Board want the Planner to look at that?

 

Town Attorney, Mary Lou Christiana, didn’t see anything that required further review.

 

Chairman Baden noted that the Board has been working on this application for quite a while now. He would like to schedule a workshop meeting where they schedule the entire meeting to devote to this application so they don’t have to continue taking up the regular meeting times since it is such a large portion of the meeting. Was the Board available on Monday, September 26, 2011? The normal WS meeting date would be that Tuesday the 27th, but the Town Attorney was unavailable.

 

Mr. Tapper motioned to schedule a Workshop Meeting on September 26, 2011 at 7PM at the Town Hall for the purposes of reviewing the Real Escapes Property Special Use Permit Application and SEQRA Determination and ask the Secretary to post notice. Seconded by Mr. Ricks.
Discussion:
Chairman Baden asked how many members would be able to attend. He wanted to make sure they would have a quorum.

 

All members present were pretty sure that they would be available. The alternate also indicated he was available. Mr. Ullman already contacted Chairman Baden and noted that he would not be available on that date.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Absent                                          Ricks:          Yes
Smith:          Absent                                                  
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent

 

The Public Hearing would be re-opened on October 11, 2011.
NEW APPLICATION
PEN ULSTER, LLC, c/o Ralph Brunswick, Amended Major Subdivision, Approved 27 lot subdivision (Decision PB1991-9) with lots to be combined to become 11 lots, private road “Ridgewood Rd.” off Rock Mountain Road and Palentown Road, Tax Map #60.1-5-(lots 1-27), R-2 Zoning District
(2011-09SBD)

 

Mr. Brunswick was present on behalf of his application. He explained that this is an existing 27 lot subdivision fully approved in 1991. Pen Ulster purchased the property 7 years ago. When it was approved in 1991 he had to put $250,000 in escrow for a CD in order for the Town to have the necessary money to complete the roads of the original subdivision, which was approximately 6,500 feet of road. What has happened is that economically it makes no sense to build the road. Therefore what he’s done is submitted a plan to combine lots into 11 lots from the 27 approved lots and to reduce the road from over 6,000 feet to the proposed road on the plan with the cul-de-sac which will service the lots which are not reached by the public road. This is Ridgewood Road and it exists currently up to the approximate location of near the proposed cul-de-sac. The road will be continued to the cul-de-sac and completed. The rest of the roads that have been worked on will serve as driveways in some cases to the newly configured lots. Lot 11 will be accessed by the other access off of Palentown Road.

 

Mr. Ricks questioned if the road out to Rock Mountain Road was already constructed?

 

Mr. Brunswick answered yes- and there were a number of houses existing on that road.

 

Mr. Ricks questioned what material that portion was constructed of?

 

Mr. Brunswick answered that it was all shale. He noted that there were about 7-8 houses on those lots. He wanted to mention that there was one house that existed on the property and that was lot #8. It was for that reason that the road was completed to that point. That house has been there since 1992. The original developers sold a lot in the middle of this and the guy has been living there since then and he has full access for ambulances. What this plan does is make larger lots and every single lot with the exception of lot #11 will are accessed through the existing road with the small extension and cul-de-sac. All of the septics and everything else is all approved as of 1991. The reason that motivates this as coming in as a total package instead of coming in as a couple different lot line adjustments is because the whole thing is encumbered by this road bond which relates to the building and completion of all of these roads. The desire is to decrease the number of lots and to clean up Ridgewood Road—it needs some shale and it needs to be extended a little bit.

 

Mr. O’Donnell questioned what the total length of the road was?

 

Mr. Brunswick wasn’t exactly sure.

 

Chairman Baden noted that it was a considerable length from Mr. Brunswick’s property back to Rock  Mountain Road. He questioned if there was a RMA set up between the applicant and—

 

Mr. Brunswick noted that there was a RMA that existed and was set up for all 27 lots and how it relates to the access. He realized that it would probably need to be modified. Lot 11 wouldn’t need to be a part of it because it had its own access and frontage to a public road. There are above ground utilities to the end of the constructed road since 1991.
NEW APPLICATION
PEN ULSTER, LLC, c/o Ralph Brunswick, Amended Major Subdivision, Approved 27 lot subdivision (Decision PB1991-9) with lots to be combined to become 11 lots, private road “Ridgewood Rd.” off Rock Mountain Road and Palentown Road, Tax Map #60.1-5-(lots 1-27), R-2 Zoning District
(2011-09SBD)

 

Chairman Baden noted that the cul-de-sac needed to be 90’ surfaced to meet Town standards.

 

Mr. Brunswick stated that what he has done is asked excavators to give him quotes to build the cul-de-sac.

 

Mr. Ricks questioned if he was going to put ditches in along the road?

 

Mr. Brunswick noted that the ditches are there. There is really no real difference between this road and the road before it that services the 8 or 9 houses.

 

Mr. O’Donnell questioned if it would be reasonable to have the Fire Dept. re-address this 20 years later? The equipment is not the same in this day and age.

 

Chairman Baden wanted to discuss who they wanted to refer this to a little later on, but one of those agencies to consider is Accord Fire Dept. He noted that the applicant requested in his letter a number of waivers.

 

Mr. Brunswick stated that he wasn’t completely understanding whether or not this was in fact an amended major subdivision or a lot line adjustment. What they did was went through the subdivision regulations and went through and asked for waivers on all of the items that were already addressed in 1991 and on file.

 

Chairman Baden noted that the PB had been referred this application from the CEO as an amendment to a subdivision. Since that time we now have ‘major’ and ‘minor’ subdivisions in our code and in 1991 subdivision was just subdivision. Because this meets the criteria for a major subdivision, that is how it was referred by the CEO to the Board. The Board is bound to review it under those standards. However the Board can take into account that the applicant has completed a number of these items already. He has not had the opportunity to sit down with the applicant’s waiver list, but they did all seem very straight forward.

 

Mrs. Christiana questioned if the Board was going to consider having the Town’s Planner look at it?

 

Chairman Baden noted that they were also on his list to consider referring the application to.

 

Mr. Tapper questioned where the houses were that the applicant was referring to?

 

Mr. Brunswick stated that he was referring to houses that exist on the beginning portion of Ridgewood Road that was not a part of his property.

 

Chairman Baden clarified that the houses that existed on the section of Ridgewood Road were not on the portion of road under the applicant’s control.

 

Chairman Baden questioned the Town Attorney if the Board needed to do a new SEQRA Determination? Or did the 1991 SEQRA determination carry over?

 

NEW APPLICATION
PEN ULSTER, LLC, c/o Ralph Brunswick, Amended Major Subdivision, Approved 27 lot subdivision (Decision PB1991-9) with lots to be combined to become 11 lots, private road “Ridgewood Rd.” off Rock Mountain Road and Palentown Road, Tax Map #60.1-5-(lots 1-27), R-2 Zoning District
(2011-09SBD)

 

Mrs. Christiana responded that a lot of things could change in 20 years, but in her opinion they should submit a new updated EAF Long Form.

 

Mr. Ricks noted that a lot of those items will be less of an impact.

 

Chairman Baden noted that this property has existing Health Dept. approval and the Board will have to notify them of this change, but he thinks it will carry over.

 

At this time the Board discussed other possible agencies to contact:
Accord Fire– the PB would ask them to review the road for fire safety apparatus.
UCHD- the PB would make them aware and ask for comments.
TOR Highway– the PB would ask for comments regarding the existing condition of the road
UCPB- meets the criteria, the PB needed to determine if this application was complete enough for review.

 

The Chairman noted that he didn’t know of any other agencies that should be contacted. He did do a search online and there were no wetlands on the site, no flood plain issues, and it was not in a County Ag District. The Town of Olive would need to be noticed of the application and public hearing and the bounding owners in the Town of Olive would be noticed as well. Did the Board want the Planner to review this?

 

Mrs. Christiana believed that the Planner should at least review the waivers.

 

Chairman Baden noted that since it was already an approved subdivision, they could send it out to the Planner and ask them to only review the list of waivers being sought at this point. If the PB wanted them to review further at another time they could add that on. This is a major subdivision and under the Board’s policy they review all major subdivisions to the Planner. There will be an escrow account to be set up according to a price determined by the planner.

 

Mr. Ricks questioned if the roadway was in already? The only reason he was asking because the road is in, the ditches are all in and he knew that 20 years ago stormwater requirements were all different. Maybe there needs to be retention ponds or other measures now?

 

Chairman Baden agreed. He noted that right now the road just dead ends where it is labeled on the plan and the applicant will be adding in that small section of road and constructing the cul-de-sac. He is certainly cognizant that the applicant has an approved subdivision and he could certainly just continue with it on—but being that the code is 20 years past, they need to review this under the current standards.

 

Mr. Brunswick questioned if the Board thought it would be helpful for him to work with the fire dept. and the Town’s Highway Superintendent?
NEW APPLICATION
PEN ULSTER, LLC, c/o Ralph Brunswick, Amended Major Subdivision, Approved 27 lot subdivision (Decision PB1991-9) with lots to be combined to become 11 lots, private road “Ridgewood Rd.” off Rock Mountain Road and Palentown Road, Tax Map #60.1-5-(lots 1-27), R-2 Zoning District
(2011-09SBD)

 

Chairman Baden agreed that this would be a good idea. The PB would send both offices the application and maps and ask for their feedback.

 

Mr. Brunswick stated that the only reason that this was being presented as a full plan was because the Town of Rochester in 1991 put a “no build” provision on to this subdivision with the escrow. So, for instance lot 1 which is accessible from this road has not been sellable or buildable even though it is actually serviced by the existing private road because of that. His concern is that because of the fact that this is being seen at this way that the Board recognizes that this is a fully approved subdivision and these are 27 individual lots on which he’s been paying taxes on all these years, etc… and he would do this in phases had it not been for the provisions set on the original approval. He didn’t want to open up a whole lot of issues- such as SEQRA was done on the subdivision in 1991 and he doesn’t want to make this more complicated than it needs to be because of that.

 

Chairman Baden noted that until they saw the EAF, he couldn’t really comment on it, but his suspicion was that the SEQRA wasn’t going to be a difficult thing. Being that it is a 20 year old approval and there are changes to it the EAF needs to reflect what is being proposed now.

 

Mr. Brunswick noted that the Stormwater for instance- a plan was done for all of these roads and now the disturbance is very, very minor and it is actually under the disturbance.

 

Chairman Baden noted that the unfortunate short answer to that is that stormwater plans have changed considerably and the board needs to review it under the current codes- the same thing with the fire access. 20 years ago some of these things weren’t thought of, but before the approve anything here they need to consider these things.

 

Mr. Rominger motioned for an Unlisted Action under SEQRA with an Uncoordinated Review. Seconded by Mr. O’Donnell.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Absent                                          Ricks:          Yes
Smith:          Absent                                                  
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent
NEW APPLICATION
PEN ULSTER, LLC, c/o Ralph Brunswick, Amended Major Subdivision, Approved 27 lot subdivision (Decision PB1991-9) with lots to be combined to become 11 lots, private road “Ridgewood Rd.” off Rock Mountain Road and Palentown Road, Tax Map #60.1-5-(lots 1-27), R-2 Zoning District
(2011-09SBD)

 

Mr. Rominger motioned to schedule the application for a public hearing at the October 11, 2011 meeting. Seconded by Mr. Ricks. No discussion.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                                     Rominger:       Yes
Ullman: Absent                                          Ricks:          Yes
Smith:          Absent                                                  
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent

 

The Board would refer this matter to the Planner and asked if Mr. Brunswick could have the long EAF to the office at his earliest convenience as that form would also need to go to the County Planning Board.

 

CONTINUED APPLICATION
ALEX LYPKA/ ALEX LYPKA– Lot Improvement, 737 Queens Hwy., Tax Map #68.1-2-5 and Tax Map#68.1-2-11, ‘R-5’ and ‘R-2’ Zoning Districts
(2011-05LL)
No one was present on behalf of the application, but because it was a lot line improvement and not a difficult application, the Board reviewed it.

 

Chairman Baden noted that the remaining parcel is not shown in its entirety, but if you look on the location plan, it is shown and that little piece is being taken off of the larger parcel to add to the +/-10 acres to create +/-12 acres and the +/-102 is the remaining lands of the +/-104 acres

 

At the July 2011 meeting Mr. Medenbach was present on behalf of the application and he noted that there were 2 parcels of land and they wanted to put the 2 existing homes on one lot- the mobile home and the house on the 10 acre parcel. The mobile home is on the whole large piece.  

 

Chairman Baden noted that there was ample road frontage for what they were asking to do and that both new lots would meet the zoning density requirements and the appropriate language was on the plan.

 

Mr. Ricks motioned to approve the lot line improvement with the condition that there is no existing dwelling on the rear parcel and if there is a dwelling on the rear parcel that access be provided out to Queens Highway from the same parcel as the dwelling. Chairman Baden was authorized to sign the maps once this was verified. Seconded by Mr. Rominger.
Vote:
Baden:  Yes                                                     Tapper: Yes
O’Donnell:      Yes                                             Rominger:       Yes
Ullman:         Absent                                          Ricks:          Yes
Smith:          Absent                                                  
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent

 

OTHER MATTERS

 

UPDATES:
Chairman Baden updated the Board on the 2012 Budget situation in the Town. The Supervisor requested that the Board increase their fees as it hasn’t been done in a number of years. The Chairman was currently working on those increased numbers. All application fees would be increased, but as of now he was thinking of reducing the lot line improvement cost from $150 to $100 as these applications are fairly simple and do not consume a lot of time to review.

 

Chairman Baden also updated the Board on the fact that he has passed on the Board’s proposal to change its policies in regards to mailings and making the applicant reimburse these fees.

 

Chairman Baden noted that the November meeting was scheduled on Election Day which was the 8th. Board members should consider whether they want to change this date to November 7th or 9th and let the Secretary know.

 

BODY OF TRUTH:
Mr. Tapper noted that he would like it if it could be verified with the Town Attorney if the Board was able to ignore comments that Mr. Feldman kept re-hashing? Comments that were brought up in Mr. Feldman’s Article 78 and were addressed by the Courts?

 

Chairman Baden noted that in terms of overnight guests, he doesn’t believe it was ever approved.

 

Mr. Rominger agreed noting that he didn’t see any evidence of it either.

 

Chairman Baden noted that the CEO indicated in a memo that the applicant put “guest rooms” on the EAF. It may say “guest rooms”, but it doesn’t say “overnight”. He noted that he would be putting together a packet of all documentation received and all minutes up to date for the Board to review to help in making their determinations in the upcoming meetings. He noted that he’d like to do the SEQRA Determination at the Workshop Meeting that was scheduled. SEQRA needs to be done before they close the public hearing. He noted that he was satisfied with the environmental study submitted by the applicant. What Mr. Feldman submitted was for the entire Town of Marbletown. The applicant’s study was site specific.

 

Mr. Rominger noted that this was originally approved under the definition of a membership club.

 

Chairman Baden noted that it was, and they had to follow that definition, but it doesn’t mean that they can’t expand it now that it is a non-conforming use. The code was set up to allow the expansion of non-conforming uses.

 

Mr. Rominger stated that he believed that Mr. Feldman’s driveway was a non-issue to them.

 

The Chairman and the Board agreed.
ADJOURNMENT

 

Mr. Ricks motioned to adjourn the meeting. Seconded by Mr. O’Donnell. All members present in favor.

 

As there was no further business, at 9:30 PM, Chairman Baden adjourned the meeting.
                                                                        
                                                        Respectfully submitted,
                                                        Rebecca Paddock Stange, Secretary       
                                                        As approved at the October 11, 2011 PB meeting