Planning Board Minutes August 2012

MINUTES OF August 8, 2012 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.

Chairman Baden asked the Secretary for roll call attendance.

PRESENT: ABSENT:

Michael Baden, Chairman Anthony Ullman

Robert Rominger, Vice Chairman

Shane Ricks

Adam S. Paddock

Fred O’Donnell

Melvyn I. Tapper

Also present:

Rebecca Paddock Stange, Secretary. Town Attorney, Mary Lou Christiana, Esq. Robert Case, Alternate.

ANNOUNCEMENTS and COMMUNICATIONS

ELM ROCK INN

Chairman Baden noted that the PB received correspondence regarding the Elm Rock Inn (Mark Suszczynskiand Kim Weeks) from Peak Engineering who is representing the application and now the PB has received a letter from Mike Moriello an attorney that they have retained. They have withdrawn their application from the PB as it stands. They are reconfiguring and deciding what they want to do. They will re-apply to the CEO and we will see where it goes from there.

ROCK RIDGE SUBDIVISION

Chairman Baden noted that the Board has received a letter from the Supervisor. Apparently during the Title Search of the property that is currently owned by Ralph Brunswick (Pen Ulster) and is being sold, there was a discovery that there never was a legal easement over that front road and later on in the meeting the Town Attorney would explain more about it. They are looking to amend the RMA and the Town Board approved the amending pending the PB’s review.

TRAININGS

UCPB TBD – September/October

ACTION ON MINUTES

The July Minutes were tabled.

PB 2010-04aSUP Final Approval and Phasing Review

Real Escapes Property, LLC, c/o Simone Harari, SIMHARA –

Portal of the Heart Spiritual Spa & Wellness Complex (formerly known as 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 received correspondence from Real Escapes Property for Final Approval for the Body of Truth Spa.

Ms. Harari was present on behalf of her application.

PB 2010-04aSUP Final Approval and Phasing Review

Real Escapes Property, LLC, c/o Simone Harari, SIMHARA –

Chairman Baden noted that they have submitted a phasing plan that they would like the Board to consider. What the Chairman wanted to do was to go over the conditions that the Board had imposed to see where they stand on Final Approval. If they get to the point where they believe that Final Approval is warranted, the Chairman prepared a draft decision for the Board to review. There was a letter submitted from Barry Medenbach dated July 9, 2012 with his response to the conditions. The first is that they needed to secure the Freshwater Wetlands Permit from the DEC, which was issued on 11/15/11. He noted that the DEC said that by June 1, 2012 that the permitee shall file with real property records of the County Clerk’s Office a deed notice revision. Was that addressed?

Ms. Harari noted that she wasn’t sure; she believed that everything has been waiting on final approval with the Board. It can certainly be done and isn’t an issue.

Chairman Baden didn’t believe it was significant enough an issue, he just happened to notice the date. The applicant may want to contact the DEC to make sure that it’s not going to invalidate the permit.

Ms. Harari understood and noted that she thought that the dates were also based on what was happening with the PB.

Chairman Baden noted that the UCHD permit was issued on 2/9/11. The only thing is that the UCHD has this listed in the Town of Marbletown. The UCDPW issued their permit on 9/17/11. Chairman Baden noted that the conditions of each of these permits become part of the PB’s decision. He continued to note that a final site plan has been submitted showing the GPS data and the 6’ fence which ends at the 100’ buffer area. The fence goes well beyond the pavilion and neighbors house.

Chairman Baden noted that the applicant also submitted a complete set of ground plans. He noticed that some of the dates are still 2010 and he knows that the Architect had discussions with OPRHP after the dates on these plans and some changes were made. Are these the most recent drawings?

Ms. Harari reviewed the plans and noted that what they submitted are what she knows to be the most recent plans.

Chairman Baden noted that a Phasing Plan dated 6/21/12 was submitted by Barry Medenbach. In Phase 1 there would be a new septic and new entrance and the sign is to be re-located. He was aware that the name of the business has changed- is the sign going to be different or the same size?

Ms. Harari noted that they will match the size of the proposed sign. They would stay within the sign requirements of the Town.

Chairman Baden continued that also in phase 1 they were going to construct rain gardens. They were going to install a new well and a 6’ fence along the property line as well.

Ms. Harari corrected that. The 6’ fence would now be moved to phase 2 because it didn’t make sense to put it in until later.

PB 2010-04aSUP Final Approval and Phasing Review

Real Escapes Property, LLC, c/o Simone Harari, SIMHARA –

Chairman Baden made a note of this.

Chairman Baden noted that in phase 2 would be the east wing of the house, the meditation pavilion, and parking lot, the landscaping buffers along Kyserike Road, the pond expansion area, the bio-retention area and the rain garden and site lighting and walkway and now the 6’ fence. Phase 3 would be the construction of the gym building and also the septic system (for the gym),

Phase 4 would be the spa building and patio to the pond.

What Chairman Baden was not seeing listed was the pavilion.

Ms. Harari noted that it was the meditation building in phase 2.

Chairman Baden questioned if there was an approximate time table to each phase?

Ms. Harari noted that they qualified for a small business grant which they will hear about by September 15^th. They were hoping to break ground on phase 1 as soon as the funding was in place- Fall 2012. Then the goal is within 6 months to have phase 1 complete and by Spring 2013 Phase 2, Fall 2013 Phase 3… her goal is to just keep rolling the phases. She noted that the other thing to note was that there are different contractors lined up to do these things, so if there was enough funding they might be doing two phases at once. She noted that they tried to group things together that went together like the fence didn’t really matter until the pavilion was built, so by building the kitchen, it wouldn’t add to the parking requirement, so they didn’t put the parking in at the same as that.

Chairman Baden just questioned if there was a time frame to get an idea if this was going to be a 1 or a 5 year project.

Ms. Harari was hoping to be done no later than 3 years. This was all really based on funding.

Mr. Ricks questioned if the law suit was done on this?

Mrs. Christiana noted that no, its not. There is no stay on anything from the Court, so the Board just proceeds as if everything is fine. September 13^th is the next date for the law suit and they hope to know by November or December the outcome.

Chairman Baden noted that that Article 78 is just on the fact that the Supreme Court Judge didn’t hear the case.

Mrs. Christiana agreed and noted that if they decide that he should have heard the case, then this goes back to Supreme Court and she wouldn’t be surprised if this decision is upheld if they apply to the Court of Appeals.

PB 2010-04aSUP Final Approval and Phasing Review

Real Escapes Property, LLC, c/o Simone Harari, SIMHARA –

Chairman Baden noted that condition #5 basically stated that before a Certificate of Occupancy was issued that the areas that needed to be addressed were addressed. Condition #6 has been addressed- all of the fees have been paid. If the Board doesn’t have any further questions, were Board Members ready to consider a Final Approval on this?

The Board was ready to review the draft decision prepared by Chairman Baden as follows:

Findings by the Planning Board in consideration and review of Final Approval:

The applicant has presented documentation to satisfy securing the required permits and conditions required to be completed under the Conditional Final Approval granted Oct. 11, 2011.

The applicant has submitted a phasing plan outlining the steps required to complete the project.

Mr. O’Donnell motioned to accept the findings as just read. Seconded by Mr. Rominger. No discussion.

Vote:

Baden: Yes Tapper: Yes

O’Donnell: Yes Rominger: Yes

Ullman: Absent Ricks: Yes

Paddock: Yes

Motion carried. 6 ayes, 0 nays, 1 absent, 0 abstentions

RESOLVED,

The Town of Rochester Planning Board grants Special Use Permit-Final Approval to Real Escapes Property, LLC permitting the expansion of a pre-existing, non-conforming use membership club as per 140-42 of the Town of Rochester Code at 85 Kyserike Rd., Tax Map #69.4-2-2, and in an ‘AR-3’ Zoning District of the T/ Rochester with the following conditions of approval.

Special Use Permit-Final Approval has been considered at a scheduled public meeting by the Planning Board and determined by majority resolution upon application and submitted proof of satisfactory completion of conditions #1- #6 by the applicant to the Planning Board.

Conditions #7- #25 of this decision shall be retained as conditions of the Final Approval.

The Planning Board has reviewed the proposed phasing plan presented by the applicant and grants approval to the phasing plan as amended8/8/12. The approved phasing plan is attached to this decision and shall become a part of this approval.

EFFECT of FINAL APPROVAL:

This Special Use Permit and Site Plan approval and associated conditions shall be binding upon the applicant and all successive owners of the land so long as such use shall occur.
This approval shall remain effective as an authorization to secure the required permits and establish the use for a maximum of one year from this date of approval unless the applicant shall have submitted written request and the Planning Board shall have adopted such resolution granting an extension and provided the applicant has submitted proof of having diligently pursued the implementation of the plans.
This Special Use Permit and Site Plan authorization shall be deemed to have expired without further notice one year from this date unless a Certificate of Occupancy is issued for phase 1 of the attached phasing plan or an extension granted by the Planning Board.
Should this use be discontinued as a use for a period of two years or more, it shall be deemed to have lapsed as per the Town of Rochester code.

CONDITIONS of APPROVAL:

Conditions Determined by the Planning Board as Completed Prior to Final Approval Consideration:

Applicant shall secure the following specific permits prior to construction and all conditions of these permits shall be made a part of this Special Use Permit approval.

NYSDEC Freshwater Wetlands permit
Ulster County Health Dept. septic and public water supply permits
Ulster County Dept. of Public Works driveway permit

Should any condition(s) imposed by these permit approvals cause a conflict to occur, the more restrictive condition(s) shall prevail.
Should any permit approvals cause a change to the approved Site Plan, the matter shall be referred back to the Planning Board for action.
One copy of each approved permit shall be filed with the T/ Rochester Planning Board.

Prior to Final Approval, the Site Plan shall be revised as follows:

GPS reference data shall be included for storm water outfalls and permanent storm water handling structures as per 140-46Q of the Town of Rochester Zoning Code.
The proposed six-foot fence shall be removed from the freshwater wetland adjacent buffer area.

Applicant shall provide the Planning Board with a complete set of ground plan and exterior construction drawings of the proposed structural additions and new structures.
Prior to Final Approval, should the applicant desire to complete the development in phases, a detailed phasing plan shall be submitted to the Planning Board indicating which aspects of the development will occur within which phase. The Planning Board shall review the plan and issue a recommendation to the Town Board as described in §140-56 of the Town of Rochester Code regarding bonding and the amount of performance security to establish.

The Planning Board further finds these proposed infrastructure improvements to be imperative to the health, safety, and welfare of the community and requires these improvements to be completed in entirety prior to the issuance of a Certificate of Occupancy associated with this Special Use.

Relocation of Driveway
Parking area expansion and associated landscaping/screening
Storm water treatment facilities
New septic areas and well
Site lighting
Relocation of existing and additional signage

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 Final Site Plan.

Conditions of Approval to be Retained with Final Approval:

The Site Plan and Special Use Permit as approved by the Planning Board shall be binding upon the applicant. The Site Plan shall remain effective, as an authorization to establish the use, for a maximum of one year from the date of approval unless the Planning Board shall have granted an extension in writing and provided the applicant has diligently pursued the implementation of the plans. Absent such an extension the Special Use shall be deemed to have expired.
All Local, County, State, and Federal Laws or Codes shall be complied with during the development, construction, and operation of the approved use.
The Code Enforcement Officer shall determine the maximum occupancy allowed for each structure and membership club operator shall post this notice visibly onsite.
There shall be no deviation from the approved Site Plan bearing the Chairman’s signature except as may be permitted pursuant to 140-52 of the Town of Rochester Zoning Code.
All existing conditions and improvements identified on the Site Plan bearing the Chairman’s signature including but not limited to structures, roadways, parking, pond and wetlands sitework, grading, landscaping, lighting, stormwater, water, sewer, and signage, shall be completed or bonded with a performance security established as described in §140-56 of the Town of Rochester Code prior to the issuance of a Certificate of Occupancy by the Code Enforcement Officer.
There shall be no parking allowed in any public road right-of-way. Onsite parking shall be in approved Site Plan designated parking spaces only.
All landscaping, as identified on the Site Plan to be retained or added, shall be maintained and replaced if dead or diseased with like kind plantings.
Landscaping addition of evergreen trees along the parking area shall be a minimum of 6’ at planting. They shall be required to be planted prior to the issuance of a Certificate of Occupancy.
The additions to the Sahler Stone House shall be built strictly to the external construction specifications agreed to by the NY State Office of Parks, Recreation, and Historic Preservation with no deviations. The Code Enforcement Officer shall monitor this construction for strict compliance and adherence to the approved building plan submitted to and received on 9/14/11 by the Planning Board.
The meditation pavilion and six-foot high, solid material privacy fence construction shall be completed in entirety (e.g. the pavilion must be completely sided and enclosed) prior to the issuance of a Certificate of Occupancy and any use of the meditation pavilion.
Pond and wetland construction and related site work shall be conducted in the manner as detailed on the Site Plan and in accordance with all NYSDEC permits and regulations.
As per Town of Rochester Code Chapter 140, all storm water management improvements shall be properly maintained so as to continue to perform in their intended manner. Sediment shall, at a minimum, be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
The public roadway access shall be constructed in the location and to the specifications indicated as per the UC Dept. of Public Works approved driveway permit. Approved site distances along Kyserike Road shall be maintained with the cutting of brush and tree limbs along the roadway.
Applicant shall retain the existing West access for the purposes of emergency access. Public access shall be restricted with a security gate constructed as approved by the UC Dept, of Public Works and the Accord Fire District. The West emergency access is to be maintained and remain in safe, passable condition year-round in a condition capable of supporting emergency vehicles.
A directional ground sign shall be positioned at the intersection of the main driveway and the East existing driveway accessing the neighboring property. This sign shall not exceed 4 sq. ft. in total dimension and shall be labelled, Private Drive-No Entrance.
Only members and their guests may use the services of the membership club spa.
There shall be no overnight accommodations provided to members or their guests.
There shall be a maximum of 12 special events per calendar year to be held in the meditation pavilion, not inclusive of normal membership club activities (e.g. Meditation, yoga, classes, workshops, trainings, etc). Special event hours for the use of the meditation pavilion shall be restricted to between the hours of 9:00 am and 11:00 pm, with allowable setup hours to be extended to 1 hour prior and 1 hour after. Membership Club operator shall provide proof of special events scheduled if requested by the Code Enforcement Office.
All amplified noises shall be restricted to use inside the pavilion, only. All temporary permits, including but not limited to Ulster County Health Dept. permits, shall be obtained when required for events. Parking for events shall be in approved Site Plan designated spaces only.

Mr. O’Donnell motioned to approve the resolution as read above. Seconded by Mr. Tapper. No discussion.

Vote:

Baden: Yes Tapper: Yes

O’Donnell: Yes Rominger: Yes

Ullman: Absent Ricks: Yes

Paddock: Yes

Motion carried. 6 ayes, 0 nays, 1 absent, 0 abstentions

OTHER MATTERS

PEN ULSTER/ ROCK RIDGE SUBDIVISION (RALPH BRUNSWICK)

Mrs. Christiana noted that during Phase 1 the Road Maintenance Agreement (RMA) was poorly written and it got through without getting over Phase 1 to get to Section 2. Mr. Brunswick is in the process of selling this and is trying to get it straightened out now. They have now re-written the RMA and she had some input on that and now there will be an easement to Section 2 and Section 1 will get fixed. All those neighbors from the Section 1 portion are joining in on this. This is for Section 1 going through those 4 properties. It also straightens out that those people won’t have any responsibility for Section 2. This is a better agreement for everyone. She recommended having this go back to the PB because the PB originally reviewed it. So the Town Board is going to approve it subject to the PB’s okay.

Chairman Tapper questioned if this was going to take care of the drainage issues that these people in Section 1 were complaining about?

Chairman Baden noted that this will still be subject to SWPPP because back when this was approved originally in the late 80’s early 90’s SWPPP didn’t exist. They have to address the drainage problems when they go to get the permits to construct those roads.

Mr. Rominger questioned if the new buyer had to correct any of the problems until he started selling lots?

Mrs. Christiana noted that this amendment is only to Section 1. They don’t know what’s going to happen to Section 2, they would have to wait and see.

Mr. Rominger questioned to the extent that Section 1 continues to get hammered by Section 2 now, the current owner under this new RMA is bearing most of the cost to fixing the first Section as long as they all sign in on it, they have to fix it and he has to pay for it.

Chairman Baden noted that was correct. If he didn’t fix the back part he would be paying to fix the front part. The only enforcement of this now is the DEC.

Chairman Baden motioned to approve the amended RMA and forward the resolution to the Town Supervisor. Seconded by Mr. Rominger. No discussion.

Vote:

Baden: Yes Tapper: Yes

O’Donnell: Yes Rominger: Yes

Ullman: Absent Ricks: Yes

Paddock: Yes

Motion carried. 6 ayes, 0 nays, 1 absent, 0 abstentions

LOCAL LAW #2 OF 2012

Chairman Baden noted that the Town Board has continued the Public Hearings. They have now held 3 and it’s been held open again at a date to be determined. They are holding a special meeting tomorrow at the Community Center at 7 PM to discuss it some more. It’s a public meeting, but not open for public comment. Councilman Drabkin found a hydro geologist from the Town of Shawangunk who was willing to come free of charge. He’s a Town Board member in Shawangunk. Supervisor Chipman was supposed to get in touch with him. They did get in touch with Steve Winkley from the NY Rural Water Association who could be available to come at some time to speak with them. The last he heard from the Town Board was that several members didn’t think that would be necessary and they were going to meet with the other gentleman.

Mr. Ricks heard that the State made some decisions on their end but they haven’t publicly released it yet.

Chairman Baden read a new blurb out and thought it might be leaked information.

STERRETT SMITH SPECIAL EVENTS TOWN BOARD PETITION

Chairman Baden noted that the Town Board held their Public Hearing for holding special events in an R-1 District and after they closed the Public Hearing they voted not to allow special events in an R-1 District.

Mr. Ricks questioned if this pertained to if you had a B & B in an R-1 District that you couldn’t have a wedding there.

Chairman Baden noted that under the Code you could still apply to hold up to 12 events at a B & B per year.

But you had to come to the PB for a Site Plan Review.

Mr. O’Donnell motioned to adjourn the meeting. Seconded by Mr. Tapper. No discussion.

All members present in favor.

As there was no further business, Chairman Baden adjourned the meeting at 7:40PM.

Respectfully submitted,

Rebecca Paddock Stange, Secretary

As approved 9/11/12