Planning Board Minutes November 2012

MINUTES OF November 13, 2012 the Town of Rochester PLANNING BOARD, held at the Town Hall, Accord, NY.

The Secretary did roll call attendance.

PRESENT: ABSENT:

Adam S. Paddock Michael Baden, Chairman

Fred O’Donnell Robert Rominger, Vice Chairman

Melvyn I. Tapper Shane Ricks

Anthony Ullman

Mr. Ullman motioned to appoint Mr. Tapper as the acting Chairman as the Chairman and Vice Chairman were both absent from the meeting. No discussion.

Vote:

Baden: Absent Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ullman: Yes Ricks: Absent

Paddock: Yes

Motion carried. 4 ayes, 0 nays, 3 absent, 0 abstentions

Also present:

Rebecca Paddock Stange, Secretary. Robert Case, Alternate.

ANNOUNCEMENTS and COMMUNICATIONS

Body of Truth decision found in favor of the Planning Board and the applicant
Chairman memo to Town Supervisor re: reappointment of members

TRAININGS

Nov. 20 NYPF in Hyde Park changed to WED. DEC. 5 9am-3pm

ACTION ON MINUTES

Mr. O’Donnell motioned to accept the October 9, 2012 Minutes. Seconded by Mr. Paddock. No discussion.

Vote:

Baden: Absent Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ullman: Yes Ricks: Absent

Paddock: Yes

Motion carried. 4 ayes, 0 nays, 3 absent, 0 abstentions

PB 2010-02 SBD Continued Review

Amend Minor Subdivision Approval

SEQR determination and Public Hearing

MICHAEL HERZOG AND KELLEIGH MCKENZIE– Application to amend decision PB2010-02SBD granting Minor Subdivision Approval dated May 18, 2010, for amendment to the filed map to change the location of an approved right-of-way located within a 3 lot subdivision, 502 Stonykill Rd., 470 Stoneykill Rd., and 456 Stonykill Rd., S/B/L #76.4-3-3.21, #76.4-3-5.2, (Herzog) and #76.4-3-5.1 (McKenzie), ‘R-2’ Zoning District.

Mr. Herzog was present on behalf of his application.

Acting Chairman Tapper noted that the Board needed to type the action.

Mr. Ullman motioned to type the application as Unlisted. Seconded by Mr. O’Donnell. No discussion.

Vote:

Baden: Absent Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ullman: Yes Ricks: Absent

Paddock: Yes

Motion carried. 4 ayes, 0 nays, 3 absent, 0 abstentions

At this time the Board reviewed Part 2 of the Short EAF and answered all items as ‘no’.

Mr. Ullman motioned for a Negative Declaration under SEQRA. Seconded by Mr. O’Donnell. No discussion.

Vote:

Baden: Absent Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ullman: Yes Ricks: Absent

Paddock: Yes

Motion carried. 4 ayes, 0 nays, 3 absent, 0 abstentions

At 7:12PM, Acting Chairman Tapper opened the Public Hearing. He noted that this was an application by Michael Herzog and Kelleigh McKenzie to amend decision PB2010-02SBD granting Minor Subdivision Approval dated May 18, 2010, for amendment to the filed map to change the location of an approved right-of-way located within a 3 lot subdivision, 502 Stonykill Rd., 470 Stoneykill Rd., and 456 Stonykill Rd., S/B/L #76.4-3-3.21, #76.4-3-5.2, (Herzog) and #76.4-3-5.1.

Acting Chairman Tapper opened the hearing for public comment. There was none.

At 7:13 PM Mr. Ullman motioned to close the Public Hearing. Seconded by Mr. O’Donnell. No discussion.

Vote:

Baden: Absent Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ullman: Yes Ricks: Absent

Paddock: Yes

Motion carried. 4 ayes, 0 nays, 3 absent, 0 abstentions

PB 2010-02 SBD Continued Review

Amend Minor Subdivision Approval

SEQR determination and Public Hearing

At this time the Board reviewed the Draft Decision Findings as prepared by Chairman Baden who was absent, but emailed the document to the Secretary for the meeting as follows:

Findings of the Planning Board

The Planning Board has received request to amend a Subdivision approved and filed map approved with decision PB2010-02SBD on May 18, 2010.
Lot #1 has been sold to Kelleigh McKenzie. Ms. McKenzie has signed a consent form to allow Mr. Herzog to represent her interest in the application
The parcel location is Stoneykill Road, #76.4-3-3.21, #76.4-3-5.2 (Herzog) and #76.4-3-5.1 (McKenzie) located in the ‘R-2’ zoning district.
The owner is proposing to relocate an approved right-of-way access to Lot #2 which travels over Lot #3.

Mr. O’Donnell motioned to adopt the findings as read into the record. Seconded by Mr. Paddock. No discussion.

Vote:

Baden: Absent Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ullman: Yes Ricks: Absent

Paddock: Yes

Motion carried. 4 ayes, 0 nays, 3 absent, 0 abstentions

At this time the Board reviewed the Draft Resolution as prepared by Chairman Baden who was absent, but emailed the document to the Secretary for the meeting as follows:

RESOLVED,

The Town of Rochester Planning Board grants amended Minor Subdivision-Conditional Final Approval to Michael Herzog permitting the relocation of the right-of-way over Lot #3 which serves as the sole access to Lot #2 of lands situate at Stoneykill Rd., #76.4-3-3.21,

#76.4-3-5.2 (Herzog) and #76.4-3-5.1 (McKenzie), and in the ‘R-2’ zoning district of the

T/ Rochester.

The plat dated October 26, 2012 is approved with the following conditions.

PB 2010-02 SBD Continued Review

Amend Minor Subdivision Approval

SEQR determination and Public Hearing

CONDITIONS of APPROVAL:

The applicant shall submit an easement and Road Maintenance Agreement (RMA) indicating the amended location of the right-of-way serving as access to Lot #2 to the Planning Board attorney for review and approval. The applicant agrees to amend the plat with any notation required by the Planning Board attorney regarding the right-of-way. The Applicant agrees to be responsible for all costs and expenses incurred by the Town in connection with the attorney review of the easement and RMA.
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 plat.
Conditions #1, #2, and #3 of Town of Rochester Planning Board approval known as

PB decision 2010-02SBD shall remain in effect.

The rights-of-way identified on the plat shall be recorded as deed covenants and filed with the Ulster County Clerk simultaneously with the plat.

The Town of Rochester Planning Board further grants Minor Subdivision-Final Approval upon the satisfactory completion of conditions #1 and #2 and presentation of the amended plat. The Planning Board grants the authority to the Chairman to certify the condition has been completed without further resolution and to sign and date the plat at such time.

Effect of Approval:

This Conditional Final Approval shall expire 180 days from this approval date unless condition #1 and #2 are satisfied by the applicant and an amended plat is presented 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 owner shall file in the office of the Ulster County Clerk such approved plat bearing the Chairman’s signature within 62 days from the date of signature or such approval shall be deemed to expire without further notice in accordance with NYS Town Law §276.
The owner shall have the responsibility to return three (3) Ulster County Clerk certified copies of the filed plat and other related filings to the T/ Rochester Planning Board within 30 days of such filing.

Mr. Paddock motioned to adopt the resolution as read into the record seconded by Mr. O’Donnell. No discussion.

Vote:

Baden: Absent Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ullman: Yes Ricks: Absent

Paddock: Yes

Motion carried. 4 ayes, 0 nays, 3 absent, 0 abstentions

PB 2012-10 SBD New Application

Minor Subdivision and Lot Improvement

RUTH LYPKA– c/o William Eggers LS, Application for Minor Subdivision Approval of a 2 lot subdivision and for Lot Improvement to alter boundary lines of an existing subdivision, 737 Queens Hwy., S/B/L #68.1-2-5.1 and S/B/L #68.1-2-11.1, ‘R-5 and ‘R-2’ Zoning Districts, respectively.

Mr. Eggers was present on behalf of the application. He explained that this was for a 2 lot subdivision and a lot line adjustment. The applicant would like to give a 50’ wide strip for access to their rear parcel. He is anticipating that they are doing this for the future development of their 102 acre lot.

Mr. Paddock questioned if there was enough acreage for the house and the trailer to be on one lot as proposed lot #2 was +/- 4.20 acres.

Mr. Eggers said that the lot was split between Zoning Districts. Part of the lot was in an R-2 District and the other part was in an R-5. It’s not a typical situation to see that. The application was determined to meet subdivision approval requirements and was forwarded to the PB by the Code Enforcement Office.

Acting Chairman Tapper noted that Chairman Baden made some notes on this application. He wanted to make the applicant aware that the incorrect S/B/L # are on the application and plan. They both have a .1 addition to the Lot # as per Real Property records. He asked for the applicant to please correct the application. He also noted that there were items that must be completed prior to approval.

Certification by an engineer that Lot #1 can support water and septic.
Review of the proposed parcels by the Town Highway Supt. For driveway access permit.

Chairman Baden noted that there were plan corrections/missing information which will be required prior to final approval as well-

Correction of S/B/L numbers in all locations where named.
Show parcel boundaries, owner names, and any driveway access for parcels opposite across Queens Hwy.
Show setback distances of structures on proposed Lot #2.

Mr. Eggers understood these requests.

Acting Chairman Tapper motioned for an Unlisted Action under SEQRA. Seconded by Mr. Ullman. No discussion.

Vote:

Baden: Absent Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ullman: Yes Ricks: Absent

Paddock: Yes

Motion carried. 4 ayes, 0 nays, 3 absent, 0 abstentions

PB 2012-10 SBD New Application

Minor Subdivision and Lot Improvement

Mr. Paddock motioned to schedule the application for a Public Hearing on December 11, 2012. Seconded by Mr. O’Donnell. No discussion.

Vote:

Baden: Absent Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ullman: Yes Ricks: Absent

Paddock: Yes

Motion carried. 4 ayes, 0 nays, 3 absent, 0 abstentions

Mr. O’Donnell motioned to refer the application to the Town Highway Supt. requesting review of the proposed parcels for driveway access. Seconded by Mr. Ullman. No discussion.

Vote:

Baden: Absent Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ullman: Yes Ricks: Absent

Paddock: Yes

Motion carried. 4 ayes, 0 nays, 3 absent, 0 abstentions

PB 2012-11 LLA New Application

Amend Minor Subdivision and Lot Improvement

APPLEDOORN FARM, LLC– c/o Brooks and Brooks Land Surveyors PC, Application to amend decision PB2010-06SBD granting Minor Subdivision Approval dated December 21, 2010, for amendment to the filed map to alter lot boundary lines of Lot #1 and Lot #2, to eliminate a 30’ x 200’ right-of-way, and creation of a proposed driveway, Whitfield Rd. and Route 209., S/B/L #77.1-1-8.12 and #77.1-1-8.11, ‘AR-3’ and AP Overlay Zoning Districts.

Patti Brooks was present on behalf of the application. Mrs. Brooks noted that this was a lot line adjustment between 2 lots of a 3 lot subdivision. The 2 lots in question were purchased by Appledoorn, LLC. They are taking lot 1 which had a house and a shared driveway and combining it with the shared driveway and one of the houses located on lot 2 to make a total of 9.34 acres. They are going to use the Whitfield Road access for the other house on lot 2 with the barn and other outbuildings and that will now be +/-22.39 acres. Basically they giving lot 2 access the Whitfield and taking away its Route 209 access. The current owner for lot 2 has gotten a driveway work permit from the Town and is currently working on installing the driveway off of Whitfield Road. The Wallkill Growers Association uses the front house on lot 1. Appledoorn Farms bought lots 1 and 2 and both lots are still subject to the conservation easement which she submitted to the Board.

PB 2012-11 LLA New Application

Amend Minor Subdivision and Lot Improvement

Acting Chairman Tapper read Chairman Baden’s meeting notes that he emailed to the Board:

Items that must be completed prior to approval.

Address access to Lands of Open Space Conservancy over proposed Lot B which will now be also over Lot A.
A completed Ag Data statement must be filed prior to County PB referral as the parcel is located in a County Ag District.

Plan corrections/missing information which will be required prior to final approval

Show parcel boundaries, owner names, and any driveway access for parcels opposite

across Route 209 and Whitfield Road.

In regards to Chairman Baden’s clarification request regarding the access to Lands of Open Space over proposed Lot B, Mrs. Brooks noted that it is an old farm lane. Open Space did not reserve a right of way over it, so it’s not applicable. It’s still physically visible, but there is no right of way over it. She had submitted the Ag Data Statement as requested. She understood that she needed to show the parcel boundaries, owners’ names and any driveway accesses for parcels opposite Route 209 and Whitfield Road. She would address these issues on a revised plan.

Mr. Ullman motioned to type the action as Unlisted under SEQRA. Seconded by Mr. O’Donnell. No discussion.

Vote:

Baden: Absent Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ullman: Yes Ricks: Absent

Paddock: Yes

Motion carried. 4 ayes, 0 nays, 3 absent, 0 abstentions

Mr. Paddock motioned to schedule the Public Hearing for December 11, 2012. Seconded by Mr. O’Donnell. No discussion.

Vote:

Baden: Absent Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ullman: Yes Ricks: Absent

Paddock: Yes

Motion carried. 4 ayes, 0 nays, 3 absent, 0 abstentions

Mr. Paddock motioned to refer this application to the UCPB as it is in an Ag District. Seconded by Mr. Ullman. No discussion.

Vote:

Baden: Absent Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ullman: Yes Ricks: Absent

Paddock: Yes

Motion carried. 4 ayes, 0 nays, 3 absent, 0 abstentions

ADJOURNMENT

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

All members present in favor.

As there was no further business, Acting Chairman Tapper adjourned the meeting at 7:45PM.

Respectfully submitted,

Rebecca Paddock Stange, Secretary

Draft