MINUTES OF October 9, 2012 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
Robert Rominger, Vice Chairman
Shane Ricks
Adam S. Paddock
Fred O’Donnell
Melvyn I. Tapper
Anthony Ullman
Also present:
Rebecca Paddock Stange, Secretary. Robert Case, Alternate.
ANNOUNCEMENTS and COMMUNICATIONS
Chairman Baden noted that on October 4th they Town Board would be holding a Public Hearing for the amendment of Chapter 132, Vehicles and Traffic on Oct. 4, 2012.
Chairman Baden also noted that Brooks and Brooks submitted final maps for Camp Epworth’s 2 lot subdivision.
TRAININGS:
- October 11 @ SUNY Ulster UCPB Roles of the Planning Board and ZBA
- Nov. 8 @ FDR Hyde Park NYPF multiple (all day)
- October 18 @ New Paltz Diner Omelet Series DEP and Leaking tunnel
ACTION ON MINUTES
Mr. O’Donnell motioned to accept the September 11, 2012 Minutes. Seconded by Mr. Rominger. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Yes Rominger: Yes
Ullman: Yes Ricks: Yes
Paddock: Yes
Motion carried. 7 ayes, 0 nays, 0 absent, 0 abstentions
PB 2010-02 SBD Amended Approval Application
MICHAEL HERZOG– Amended Approval to Minor Subdivision, for an amendment to 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, and #76.4-3-5.1, ‘R-2’ Zoning District. S/B/L #76.4-3-5.1 owned by Kelleigh McKenzie.
Mr. Herzog was present on behalf of his application.
Chairman Baden noted that this property was approved for a 3 lot minor subdivision in 2010 and Mr. Herzog is coming back before the PB as he would like to make a change to the layout of the right of way over 3 to access lot 2. Chairman Baden checked with the Town Attorney regarding this and she advised that to amend the right of way the applicant would need to provide the Board with written authorization to do so by the new owner of lot 1 as this lot is included in this subdivision map that is being altered.
Mr. Herzog submitted an email from the new owner of lot 1, Kelleigh McKenzie saying that she did not have a problem with this.
Chairman Baden noted that this amendment would need a Public Hearing. Mr. Herzog still owns lots 2 & 3. The Road Maintenance Agreement would also need to be amended to reflect the change along with taking lot 1 out of it, as the right of way does not affect that lot. He advised that the applicant have his attorney speak with the Town Attorney to see how she wants the RMA worded.
Chairman Baden did not believe that SEQRA needed to be done as it was already closed out on the original application. The Board can schedule the Public Hearing pending McKenzie becoming one of the applicants as advised by the Town Attorney.
Mr. Herzog understood this and didn’t have a problem with it.
Mr. Tapper questioned if the owner of lot 1 (McKenzie) didn’t sign on to the application- could that hold Mr. Herzog up?
Chairman Baden answered that it could potentially hold up the application.
Mr. Rominger motioned to schedule a Public Hearing on November 13, 2012 pending the owner of lot 1 (McKenzie) signing on to the application. Seconded by Mr. O’Donnell. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Yes Rominger: Yes
Ullman: Yes Ricks: Yes
Paddock: Yes
Motion carried. 7 ayes, 0 nays, 0 absent, 0 abstentions
PB 2011-12 SBD Conditional Approval 2nd Extension Request
GEORGE STEFANAPOLOUS– a.k.a. George Stephanopoulos, Minor Subdivision, for a 2 lot subdivision of a 5.385 acre parcel, Area Variance granted by the ZBA on May 10, 2011, Conditional Approval granted on Feb. 14, 2012 and 1st extension granted on July 10, 2012, 46 Lower Granite Road, S/B/L #76.3-2-6, ‘R-2’ Zoning District.
Chairman Baden noted that the applicant sent in their second extension request for a 90 day extension for Conditional Approval. Since the submittal of the extension request letter, it appears that the applicant has met all of the criteria for Final Approval. He questioned if the Board wanted to go through the applicant’s conditions and if they agree that they have all been met, they could consider granting Final Approval as opposed to granting the extension.
The Board agreed to go through the conditions.
Chairman Baden noted that one of the outstanding conditions was: “The applicant shall secure Ulster County Health Dept. written acceptance regarding the location of the Lot 2 septic area and the possible encroachment onto Lot 1and provide a copy of acceptance to the Planning Board. Any conditions or decisions imposed by the Health Dept. shall become a part of this approval.”
Chairman Baden noted that the applicant provided the Board with this request to the UCHD to meet this condition and the UCHD came back with a very vague letter that didn’t really answer their question. He noted that in light of the fact that the applicant asked the correct question, it is not their fault that the UCHD didn’t answer it and the Board couldn’t hold them up because of this. This condition was satisfied.
Chairman Baden noted that in regards to the next condition: “The following agreements shall be prepared by the applicant and reviewed and approved by the Planning Board attorney. The approved agreements shall be filed with the Ulster County Clerk simultaneously with the signed subdivision plat.
- A “Joint Well Use Agreement”. This condition has been accomplished by the applicant prior to approval.
- A “Septic Repair and Maintenance Agreement” containing an easement clause granting the owners of Lot 2 entrance onto Lot 1 for the purposes of Lot 2 septic system maintenance and repair.
The ‘Joint Well use Agreement’ has been done and reviewed and signed off on by the Town Attorney. She also reviewed the ‘Septic Repair and Maintenance Agreement’, however there is still the reference to the ‘ZBA’ on it. It needs to indicate ‘Planning Board’ instead. This was minor.
The next condition: “A driveway access permit shall be secured from the T/ Rochester Highway Supt. and a driveway shall be constructed on Lot 2 in the location identified on the plat. Proof of completion of construction shall be provided to the Planning Board.” Has been done.
Condition #4: “The applicant will remove the woodshed structure as indicated on the plan. Alternatively, the woodshed may be relocated to either proposed lot, but must meet setback requirements and any required permits must be secured. Proof of relocation or removal shall be submitted to the Planning Board.” This has been done. The applicant supplied the Board with pictures showing that it was moved and is now just a woodpile and no longer a structure.
Condition #5: “The Final Plat shall be amended to remove the “movable storage trailer” from the plan as it is not a permanent structure.” Chairman Baden passed around the Final Plat that was submitted by the applicant to show that this condition had been met.
Condition #6: “The Final Plat shall be amended to include the following statements:
- “Subject to the conditions of the “Joint Use Well Agreement” of record between George Stefanopoulos and George Stefanopoulos dated January 9, 2012”.
- “Subject to the conditions of the “Septic Repair and Maintenance Agreement” of record between George Stefanopoulos and George Stefanopoulos dated (date to be determined).”
This condition was also met.
Chairman Baden announced that the applicants met all of the condition except for finalizing the Septic Repair and Maintenance Agreement. The Board could grant Final Approval pending the minor revision to that document.
Mr. Ullman motioned to grant Final Approval pending the revision to the Septic Repair and Maintenance Agreement and the Town Attorney’s review and invoice for such review paid by the applicant. Seconded by Mr. O’Donnell. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Yes Rominger: Yes
Ullman: Yes Ricks: Yes
Paddock: Yes
Motion carried. 7 ayes, 0 nays, 0 absent, 0 abstentions
OTHER MATTERS
Elm Rock, LLC:
Chairman Baden noted that the Elm Rock had been given a violation and had also reapplied to the Code Enforcement Office for a Bed and Breakfast with Special Events. The Zoning Permit was denied by the CEO for the following reasons: Current “Bed and Breakfast” use does not comply with State & Local Codes Currently it is not an owner occupied residential dwelling.
2013 APPOINTMENTS
Chairman Baden noted that Mr. Rominger and Mr. Case’s terms are up as of December 31, 2012. He questioned if they would like to be considered by the Town Board for re-appointment?
They did.
Mr. Ricks motioned for the PB to recommend to the Town Board the reappointments of Mr. Rominger and Mr. Case to the positions of Member and Alternate, respectively. Seconded by Mr. Paddock. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Yes Rominger: Yes
Ullman: Yes Ricks: Yes
Paddock: Yes
Motion carried. 7 ayes, 0 nays, 0 absent, 0 abstentions
ADJOURNMENT
Chairman Baden noted that he would like to adjourn tonight’s meeting in memory of Mr. Tapper’s Mother.
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, Chairman Baden adjourned the meeting at 7:30PM.
Respectfully submitted,
Rebecca Paddock Stange, Secretary
As accepted on November 13, 2012