Planning Board Minutes April 2013

MINUTES OF April 9, 2013 the Town of Rochester PLANNING BOARD, held at the Town Hall, Accord, NY.

 

Chairman Baden asked that everyone stand to say the Pledge to the Flag.

 

The Secretary did roll call attendance.

 

PRESENT:                                                                ABSENT:                                         Michael Baden, Chairman Baden                                            Anthony Ullman
Fred O’Donnell                                                          Robert Rominger, Vice Chairman
Adam Paddock
Shane Ricks
Melvyn  Tapper

 

Also present:
Rebecca Paddock Stange, Secretary.  Robert Case, Alternate.    

 

ANNOUNCEMENTS and COMMUNICATIONS
Chairman Baden noted  that the following were the announcements and communications for the April meeting:
  • Joachim Schoonmaker Farm at Garden Lane has been listed on the State Register of Historic Places and forwarded nomination to the keeper of the National Register in Washington, DC.
  • Penn Ulster subdivision- The Chairman ran into the realtor dealing with this. Mr. Brunswick has sold the property and the new owner is planning on honoring the existing approvals and building the roadways. They did correct the RMA for the front road and the Town Board signed off on that.
  • SEQRA form updates- The DEC has postponed the new forms again and they would go into effect on October 7, 2013. The Chairman attended a training on March 30th on the Short Form of the EAF and the reason it is being delayed is because they are writing a workbook for each form and it is really going to be helpful. It is an online workbook with links to get you where you need to go.

  • TRAININGS
  • Thurs. April 11 – Ready2Go – Shovel Ready Training (SUNY Ulster) – UCPB – 7pm
  • Sun. April 21 – Tues. April 23 – NY Planning Federation Conference – Saratoga Springs
Orange County Municipal Planning Federation
  • Fri. April 12 – Info for New Members – 8:30am-3pm – Goshen – $55
  • Mon. April 29 – Wetlands Maps and EAF Forms – 7-9pm – Goshen – $15
  • Mon. May 6 – Groundwater Resources and Septic Systems – 7-9pm – Goshen – $15
  • Mon. May 20 – Cluster and Conservation Subdivisions, Overlay Zoning Districts – 7-9pm – Goshen – $15

ACTION ON MINUTES
Mr. Ricks motioned to approve the March 12, 2013 Minutes. Seconded by Mr. O’Donnell. No discussion.
Vote:
Baden:  Yes                                             Tapper: Yes
O’Donnell:      Yes                                             Rominger:       Absent
Ullman: Absent                                  Ricks:          Yes
Paddock:        Yes                                     
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions

 

PB 2013-02 SUP          Continued Application Review, SEQRA, Public Hearing
Special Use Permit Review:
Brenda C. Reiss, for Special Use Permit Review. An expansion of an existing mixed use to allow apartment, office, or low impact retail on the first floor.  Existing use is U.S. Post Office and 6 apartments, 30 Main Street S/B/L #77.9-1-50.1, ‘H’ zoning district.  

 

Brenda Reiss was present on behalf of her application.

 

Chairman Baden noted that the Board needed to do determination for SEQRA.

 

Chairman Baden made a motion to classify this application as an Unlisted Action with an Uncoordinated Review under SEQRA. Seconded by Mr. O’Donnell. No Discussion.
Vote:
Baden:  Yes                                             Tapper: Yes
O’Donnell:      Yes                                             Rominger:       Absent
Ullman: Absent                                  Ricks:          Yes
Paddock:        Yes                                     
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions

 

Chairman Baden noted that the Board has received some new information on this. More of just clarification on things. He did the review on the application and it more or less just continued the conversation that the Board had on the number of parking spaces that they had last month—that they would be requiring 31 parking spaces and where those would be. The Board did hear back from Ulster County DPW. They had no concerns. The letter was a little cryptic. It basically said that they had no issues with the lot line change and he thought they got confused when they looked at the map because the map showed the old lot line change. But they also went onto say that it provided post office parking- and that tenant parking utilized the added parcel area. So, they seemed to be okay. That was the only agency that it was submitted to. It was exempt to County PB review because there were no changes to the existing structure and no changes to the size of the parking area. He asked the applicant to put together a narrative of what they were proposing and they did submit that. They were proposing that overflow parking be the municipal parking behind the fire house. The Chairman felt that that was certainly legitimate for people to park there. It’s not that far away and that is the purpose for that parking—for businesses in the Hamlet District. Then they submitted a drawing that tentatively shows where the parking spaces would be located. He noted that in order for final approval the Board would need a site plan drawn a little more to scale. Its obvious from looking at the site plan submitted that the parking spaces are pretty much just lines drawn in and not to scale. It doesn’t have to be done by an engineer, but it has to be to scale. He suggested going to Medenbach & Eggers because they did the lot line adjustment because they had the drawing on file and it wouldn’t be difficult for them to draw in the parking spaces. He certainly wasn’t telling the applicant that she had to go to them, it was just a suggestion.

 

PB 2013-02 SUP          Continued Application Review, SEQRA, Public Hearing
Special Use Permit Review (cont’d):
Brenda C. Reiss, for Special Use Permit Review. An expansion of an existing mixed use to allow apartment, office, or low impact retail on the first floor.  Existing use is U.S. Post Office and 6 apartments, 30 Main Street S/B/L #77.9-1-50.1, ‘H’ zoning district.  

 

Mr. Ricks noted that this was so out of scale that the way it was drawn a car would need to back into another car to get out of their spot.

 

The applicant understood.

 

Chairman Baden noted that when it is drawn to scale he thought they could get more like 15 spaces on the side rather than the 13 as were shown. He did stop there and measured the sidewalk in front of the building. It was +/-85 feet. The Code calls for 10’ spaces—so with only 5 spaces out front, he would suggest from the 50’ mark to the end of the sidewalk to be no parking and marked as such on the ground because it is too narrow there and they are practically sticking out into Main Street.

 

Mr. O’Donnell noted that it was hard to tell from this site plan because it wasn’t to scale. They definitely need to have something to scale.

 

Chairman Baden agreed and noted that the Board could give Conditional Approval on the sketch plan and then take it up again when they get the final drawing and see if it needs to be altered at all.

 

At this time the Board went over Part 2 of the Long EAF. All items were checked off as ‘no’.

 

Chairman Baden motioned for a Negative Declaration. Seconded by Mr. Ricks. No discussion.
Vote:
Baden:  Yes                                             Tapper: Yes
O’Donnell:      Yes                                             Rominger:       Absent
Ullman: Absent                                  Ricks:          Yes
Paddock:        Yes                                     
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions
At 7:20PM Chairman Baden opened the Public Hearing.

 

No one was present to speak.

 

At 7:20PM Mr. Ricks motioned to close the Public Hearing. Seconded by Mr. O’Donnell. No discussion.
Vote:
Baden:  Yes                                             Tapper: Yes
O’Donnell:      Yes                                             Rominger:       Absent
Ullman: Absent                                  Ricks:          Yes
Paddock:        Yes                                     
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions

 

At this time the Board reviewed the draft decision as prepared by the Chairman.

 

PB 2013-02 SUP          Continued Application Review, SEQRA, Public Hearing
Special Use Permit Review (cont’d):
Brenda C. Reiss, for Special Use Permit Review. An expansion of an existing mixed use to allow apartment, office, or low impact retail on the first floor.  Existing use is U.S. Post Office and 6 apartments, 30 Main Street S/B/L #77.9-1-50.1, ‘H’ zoning district.  
Draft Findings of the Planning Board
  • The Planning Board has received zoning referral for a Special Use Permit from the Code Enforcement Officer.
  • The application proposes to expand the current mixed use of a US Post Office and 6 apartments.  Applicant proposes to allow the 1st floor three units to be used as either apartment, office, or low-impact retail use.  The three 2nd floor apartments and US Post Office use to remain with no change.  
  • The parcel to be developed is known as S/B/L 77.9-1-50.1.
The proposal meets the bulk standards requirements for the ‘H’ zoning district.
There are no proposed exterior changes to the structure
The Chairman reviewed the application and has prepared a review memo.
  • The parcel has road frontage on Main Street.  The application was referred to the Ulster County Dept. of Public Works for comment.  A letter indicating no issues was received.
The application was required to be referred to the Ulster County Planning Board, however the proposal qualified for exemption due to the letter of agreement between the Planning Board and the County.
The Planning Board has reviewed the parking required for the proposal and has determined a need for 31 spaces.  Delineation is 5 spaces for US Post Office vehicle and employee parking, 5 spaces for US Post Office customer use, and 21 spaces for use for the apartment, office, and retail use.
  • The Town of Rochester municipal parking area can be utilized by the property for overflow parking needs.
  • Signage will be displayed to limit the parking directly in front of the structure to US Post Office use customer only.
Mr. Tapper had a question. A lot of the language refers to the Post Office. If the Post Office is no longer there- does the applicant have to come back?

 

Chairman Baden noted that would be up to the Code Enforcement Officer’s determination. The Post Office is referenced just to be specific.

 

Mr. Tapper questioned how long the Post Office lease was for?

 

Mrs. Reiss answered that the Post Office had the lease for several more years.

 

Mr. Ricks questioned #8.

 

Chairman Baden noted that the County Planning Board has an agreement with the Town for certain exceptions. Certain types of applications do not trigger County PB referral. Because there is no change to the building or the parking this action falls under that exception agreement.

 

Mr. Paddock motioned to accept the findings. Seconded by Mr. O’Donnell. No discussion.
Vote:
Baden:  Yes                                             Tapper: Yes
O’Donnell:      Yes                                             Rominger:       Absent
Ullman: Absent                                  Ricks:          Yes
Paddock:        Yes                                     
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions
PB 2013-02 SUP          Continued Application Review, SEQRA, Public Hearing
Special Use Permit Review (cont’d):
Brenda C. Reiss, for Special Use Permit Review. An expansion of an existing mixed use to allow apartment, office, or low impact retail on the first floor.  Existing use is U.S. Post Office and 6 apartments, 30 Main Street S/B/L #77.9-1-50.1, ‘H’ zoning district.  

 

At this time the Board reviewed the draft resolution as follows:

 

RESOLVED,
        The Town of Rochester Planning Board grants Special Use Permit-Conditional Final Approval to Brenda C. Reiss permitting the expansion of use for the lands situate at 30 Main Street, known as S/B/L  77.9-1-50.1 and located in the ‘H’ zoning district, to allow use of the 1stfloor for apartment, office, and/or low-impact retail use.
The sketch plan received dated Jan. 25, 2013 and received amended April 8, 2013 is approved with the following conditions.    
        
CONDITIONS of APPROVAL:   

 

  • The applicant shall prepare and present a final Site Plan indicating the required 31 parking spaces, the No Parking area, and fulfilling all requirements of a Site Plan as required by Town of Rochester code chapter 140, Zoning.  The lines indicating references to the previous lot line adjustment shall be removed from the Site Plan.
  • 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.
Signage shall be posted to limit the 5 parking spaces directly in front of the structure to customer use for US Post Office only.  This area shall be 50’ in length beginning at the diagonal sidewalk.  The remainder frontage (+/- 33’) shall be restricted from any parking.  The “No Parking” area shall be posted with appropriate signage.
  • All Local, County, State, and Federal Laws or Codes shall be complied with and all required Local, County, State, or Federal permits shall be secured for the current or future use of these lands.
  • This Conditional Final Approval shall expire 180 days from this approval date unless conditions 1 and 2 are satisfied by the applicant and the Site Plan is presented and approved by the Planning Board.  This period may be extended for two additional 90 day periods upon application to and resolution by the T/ Rochester Planning Board.
Mr. Ricks motioned to accept the Conditional Approval as just reviewed. Seconded by Mr. Tapper.
No discussion.
Vote:
Baden:  Yes                                             Tapper: Yes
O’Donnell:      Yes                                             Rominger:       Absent
Ullman: Absent                                  Ricks:          Yes
Paddock:        Yes                                     
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions

 

Mr. Ricks recused himself from the Board at 7:30PM as the next application on the agenda was his.

 

Mr. Case, Alternate, was seated by the Chairman on the Board in his place.

 

        
PB 2013-01 SBD          Decision        
Minor Subdivision
RV Associates, Inc.; Shane Ricks, applicant, Application for Minor Subdivision. A 2 lot subdivision creating 2.7 acre and 24.5 acre parcels to be subdivided from an existing 27.2 acre parcel. Mettacahonts Rd., S/B/L #76.2-5-3.112, ‘B’, ‘AP Overlay’, and ‘FD Overlay’ zoning districts.

 

Mr. Shane Ricks was present on behalf of this application.

 

Chairman Baden reminded the Board that because the County Planning Board regrettably did not have a quorum when this application was referred to them, they could not take action on this application. And therefore this Planning Board could not take action on it for 30 days or until they received a response from the County. As the 30 day time frame had passed, the Board could now entertain a decision on this application.  
At this time the Board reviewed the draft findings as follows:
Findings of the Planning Board
  • The Planning Board has received zoning referral for a 2-lot Minor Subdivision from the Code Enforcement Officer.
  • The application proposes to subdivide a parcel of land into 2 lots resulting in a Minor Subdivision.
  • The parcel to be subdivided is known as S/B/L 76.2-5-3.112.
  • The parcel has road frontage on Mettacahonts Rd. and U.S. Route 209.
  • The current use of the parcel is vacant with agricultural and wooded land. Lot 1 is proposed as a single family building lot. Lot 2 to remain vacant.
  • The parcel lies in the Ulster County Ag District #3.
  • The parcel contains a small portion identified on FEMA map as being located within the 100-year flood plain.
  • Lot 1 and Lot 2 meet the bulk standards requirements for the ‘B’ zoning district.
  • Both parcels, as proposed, will exceed the required minimum road frontage on a public roadway.
  • Proposed Lot 1 has no existing improvements and offers a house, well, septic, and driveway location as potential new improvements.
  • Proposed Lot 2 has no existing improvements. No new improvements are proposed.
  • The Chairman reviewed the application and noted several corrections required for the application and plat.  The applicant has amended both.
  • Barry Medenbach, P.E. has certified the proposed Lot 1 has the possibility to support well and septic requirements of the Ulster County Health Dept. if developed.
  • The T/ Rochester Highway Supt. has issued a driveway work permit.
  • The application was referred to the Ulster County Planning Board which rendered a decision of “Referral Reviewed No Decision” due to lack of a quorum.  After a 30 day period with no decision the local board is free to act on the application.
Mr. O’Donnell motioned to accept the findings. Seconded by Mr. Tapper. No discussion.
Vote:
Baden:  Yes                                             Tapper: Yes
O’Donnell:      Yes                                             Rominger:       Absent
Ullman: Absent                                  Case, Alt:      Yes
Paddock:        Yes                                     
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions
PB 2013-01 SBD          Decision        
Minor Subdivision (cont’d)
RV Associates, Inc.; Shane Ricks, applicant, Application for Minor Subdivision. A 2 lot subdivision creating 2.7 acre and 24.5 acre parcels to be subdivided from an existing 27.2 acre parcel. Mettacahonts Rd., S/B/L #76.2-5-3.112, ‘B’, ‘AP Overlay’, and ‘FD Overlay’ zoning districts.

 

At this time the Board reviewed the draft resolution as follows:
RESOLVED,
        The Town of Rochester Planning Board grants Minor Subdivision-Conditional Final Approval to Rondout Valley Associates, Inc. permitting the subdivision of lands situate at Mettacahonts Rd. and U.S. Route 209, known as S/B/L  76.2-5-3.112 and located in the ‘B’, ‘AP Overlay’ and ‘FD Overlay’ zoning districts, into 2 lots.
The plat dated Jan. 25, 2013 and revised March 20, 2013 is approved with the following conditions.    
        
CONDITIONS of APPROVAL:   

 

  • 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.
  • All Local, County, State, and Federal Laws or Codes shall be complied with and all required Local, County, State, or Federal permits shall be secured for the current or future use of these lands.
  • This Conditional Final Approval shall expire 180 days from this approval date unless condition 1 is satisfied by the applicant and the 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 Town of Rochester Planning Board further grants Minor Subdivision-Final Approvalpermitting the subdivision of lands upon the satisfactory completion of conditions of approval condition 1. 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:
        
  • 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 any other related filings to the T/ Rochester Planning Board within 30 days of such filing.
Mr. O’Donnell motioned to accept the resolution. Seconded by Mr. Tapper. No discussion.
Vote:
Baden:  Yes                                             Tapper: Yes
O’Donnell:      Yes                                             Rominger:       Absent
Ullman: Absent                                  Case, Alt:      Yes
Paddock:        Yes                                     
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions

 

At 7:35PM Mr. Ricks rejoined the Board and Mr. Case, Alternate took his seat in the audience.
PB 2013-01 SPA          Continued Application Review
Site Plan Review
Elm Rock Inn LLC, for Site Plan Review. An expansion of a residential use Bed & Breakfast to hold onsite events pursuant to Section 140-35 of the Town of Rochester Zoning Code, 4496 Route 209, S/B/L #69.4-2-1.32, ‘B’ and ‘FD Overlay’ zoning districts.  The parcel also includes land located in the Town of Marbletown, 4494 Route 209, Tax Map #69.4-1-1.2.

 

Mr. Davis, PE from Peak Engineering and Kim Weeks of the Elm Rock Inn were present on behalf of the application.

 

Mr. Davis noted that he and the Chairman met on site with Dave Corrigan from the NYS DOT to discuss the entrances. Mr. Corrigan is requiring that they eliminate the southern entrance and modify the northern entrance to meet the DOT standards.

 

Chairman Baden did bring up the possibility of just chaining that entrance and the DOT wants it totally closed off. They were concerned if it was just a chain that someone driving along would see the opening and still try and use the entrance and then have to back out onto Route 209.

 

Mr. O’Donnell questioned who would take the responsibility if something burnt down?

 

Mr. Davis noted that Mr. Corrigan was fine with the service entrance as it would be used only for owners and employees. A letter to this effect was sent by Peak Engineering to Marbletown for their review. At this point the Marbletown Building Inspector needs to look at it and he is out of town for a couple of weeks. So that has not yet been reviewed by them. They have started to take a look at the noise impacts and he anticipates having that assessment complete in a week or so.

 

Mr. Tapper questioned if both the septic areas were in use?

 

Mr. Davis answered, yes. There was something that was modified years ago and as part of the Health Dept. review they actually went out and dug up everyone of the laterals to see where they went and that’s what they found.

 

Chairman Baden noted that what the applicant has submitted since the last meeting is the new drawing, which shows the changes to the entrances. The fence is now going to be continued along to where the old driveway used to be.

 

Mr. Davis noted that the place labeled “dumpster area” is not a dumpster. They can change that. They are only garbage cans and the owners actually remove the garbage themselves from the area and there is no garbage service there.

 

Mr. Paddock questioned if the new map addressed the temporary lighting?

 

Chairman Baden noted that because the site plan now calls attention to the code, by that being on the filed document, the Code Enforcement Officer can now make a determination based on the code and the case by case basis. He continued to note that the Board received a letter from the applicant’s Attorney of a summary of what they have done. They have gone through the parking and sent their determination in writing on how they came to the number of parking spaces. What they have come up with is that the 5 rental rooms are 5 spaces which meets the code. The 4 employees is one space. That one the Chairman had a little concern with because 4 employees were probably not going to come in one car. They are providing 11 regular parking spaces, so they
PB 2013-01 SPA          Continued Application Review
Site Plan Review (cont’d):
Elm Rock Inn LLC, for Site Plan Review. An expansion of a residential use Bed & Breakfast to hold onsite events pursuant to Section 140-35 of the Town of Rochester Zoning Code, 4496 Route 209, S/B/L #69.4-2-1.32, ‘B’ and ‘FD Overlay’ zoning districts.  The parcel also includes land located in the Town of Marbletown, 4494 Route 209, Tax Map #69.4-1-1.2.

 

have 5 for the rentals and 6 others available. As far as the temporary events- they are proposing 67 spaces and using their methodology is 1 per 4 seats. They are proposing a max of 250 people, so that would be 63 and they are proposing 67 spaces. The handicap spaces are up to the ADA spaces.

 

Mr. Davis noted that this was also done to maximize between Rochester and Marbletown’s requirements.

 

Chairman Baden noted that in terms of the regular use of the B & B he felt that there were plenty of regular spaces. In terms of the temporary parking the Board could discuss it now or later. The Town doesn’t have anything in their Code for this type of use, so it is up to the Board to come up with a number of how many spaces they think is needed.

 

Mr. Ricks thought that more in reality it was a couple to each car, not 4 people. He was willing to go ahead and try this and if they need more spaces they’d address it. They can always adjust it. He noted that where the one entrance was eliminated they have proposed landscaping listed. What was that?

 

Mr. Davis noted that it would be a continuation of the split rail fence and there was a note on the plan about the proposed landscaping. Mr. Davis submitted pictures to show the row of pine trees in the back to accompany the site plan. It is fairly dense.

 

Chairman Baden agreed and noted that it was fairly dense and if you are driving by to take a look. Those are the only issues other than the discussion about the noise and they are still working on that.

 

Mr. Ricks noted that he feels that they were going round and round about the noise. As far as the trees, he personally didn’t think that they stopped the noise. Probably the quickest, cheapest and easiest way to solve it would be for when they put up the tent—to put up stockade fencing along to sides and that would solve it.

 

Chairman Baden noted that the Board did require that of the Body of Truth Spa to do that.

 

Mr. Ricks didn’t think that putting a fence away from the tent would help at all, but if they put it actually 2 sides of the tent, it would be inexpensive and do a good job.

 

Mrs. Weeks noted that they have some studies that they are looking at that actually do determine that sound is reduced to up to 50% by trees and as they have said they are extremely dense there. And usually there is going to be a side to the back of the tent. They always require that the customer has at least 2 sides of the tent for things like rain. Customers are going to be putting up tents based on their events. It was pretty far from the nearest residence and it was amplified in the other direction.

 

Mr. Ricks noted that he’s been saying that he had a similar situation at his house and the music was coming from ¼ mile away and it sounded like it was in his backyard. He had trees in between them.

 

Chairman Baden noted that they could take this up once they saw the actual study. They didn’t have to make any decisions yet.

 

Mr. Ricks thought that making sides on the tent a requirement would be a big thing.
PB 2013-01 SPA          Continued Application Review
Site Plan Review (cont’d):
Elm Rock Inn LLC, for Site Plan Review. An expansion of a residential use Bed & Breakfast to hold onsite events pursuant to Section 140-35 of the Town of Rochester Zoning Code, 4496 Route 209, S/B/L #69.4-2-1.32, ‘B’ and ‘FD Overlay’ zoning districts.  The parcel also includes land located in the Town of Marbletown, 4494 Route 209, Tax Map #69.4-1-1.2.

 

Chairman Baden noted that they could do that and make the speakers face Route 209.

 

Mr. Tapper questioned where the closest houses were?

 

Chairman Baden showed Mr. Tapper that it was the Hornbeck home in the back and the Hornbeck trailer on the sides.

 

Mr. Ricks noted that the next one to the north used to be called the Calico Kitchen.

 

Chairman Baden noted that because they have the wetlands and the floodplain that there is some DEC language that has to be on the site plan. He questioned if the Board felt that this was ready for a County referral?

 

Mr. O’Donnell questioned if the Board feels that they need an opinion from the fire chief in Kripplebush as to the closure of the southern entrance. They are taking away an access for fire safety.

 

Chairman Baden noted that the Board could ask for the Fire District’s opinions. The only thing he wanted to note was that the Board can add to DOT comments, but they couldn’t change it.

 

Mr. O’Donnell noted that the entrance was pre-existing and Kripplebush and Accord might have pre-planned to use that access for fire safety. This affects public safety. It surprises him what the DOT said, because Mr. Corrigan was out of his realm to say that.

 

Chairman Baden noted that he was saying to take it away for the purposes of site distance.

 

Mr. O’Donnell thought that roping it off wouldn’t be a problem.

 

Chairman Baden noted that the DOT’s concern was that by doing that, you could have someone still try and enter it and now they have to back out on Route 209 with poor site distance. The Board can’t change what the DOT is requiring.

 

There was further discussion on the DOT taking the entrance away.

 

Mr. Ricks questioned if they could just drive over the lawn?

 

Mr. Davis noted that there was a ditch there.

 

Mr. O’Donnell wouldn’t take a heavy truck in the grass. It would just sink.
PB 2013-01 SPA          Continued Application Review
Site Plan Review (cont’d):
Elm Rock Inn LLC, for Site Plan Review. An expansion of a residential use Bed & Breakfast to hold onsite events pursuant to Section 140-35 of the Town of Rochester Zoning Code, 4496 Route 209, S/B/L #69.4-2-1.32, ‘B’ and ‘FD Overlay’ zoning districts.  The parcel also includes land located in the Town of Marbletown, 4494 Route 209, Tax Map #69.4-1-1.2.

 

Chairman Baden motioned to write to the Kripplebush and Accord Fire Departmens for their comments. Seconded by Mr. O’Donnell.
Vote:
Baden:  Yes                                             Tapper: Yes
O’Donnell:      Yes                                             Rominger:       Absent
Ullman: Absent                                  Ricks:          Yes
Paddock:        Yes                                     
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions

 

Mr. O’Donnell motioned to refer the application to the Ulster County Planning Board. Seconded by Mr. Paddock.
Vote:
Baden:  Yes                                             Tapper: Yes
O’Donnell:      Yes                                             Rominger:       Absent
Ullman: Absent                                  Ricks:          Yes
Paddock:        Yes                                     
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions

 

Chairman Baden noted that the application was circulated for Intent for the Town of Rochester Planning Board to be Lead Agency to involved agencies being the NYSDOT, Town of Marbletown, and the UCHD. Interested agencies were listed as OPRHP, TORHPC, UCPB, and the NYSDEC.

 

Chairman Baden motioned that the TORPB was Lead Agency and to classify the action as a Type 1 under SEQRA. Seconded by Mr. Ricks. No discussion.
Vote:
Baden:  Yes                                             Tapper: Yes
O’Donnell:      Yes                                             Rominger:       Absent
Ullman: Absent                                  Ricks:          Yes
Paddock:        Yes                                     
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions

 

Mr. Ricks motioned to schedule the application for a Public Hearing at the May 14, 2013 meeting. Seconded by Mr. O’Donnell. No discussion.
Vote:
Baden:  Yes                                             Tapper: Yes
O’Donnell:      Yes                                             Rominger:       Absent
Ullman: Absent                                  Ricks:          Yes
Paddock:        Yes                                     
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions

 

PB 2013-02LLA           New Application 
Lot Improvement:
Martin Tully and Nuno Camara, Application for Lot Improvement, Quiet Mountain Estates, Stillerberg Strada, S/B/L #67.-2-84.110 and S/B/L #67-3-31.11, ‘R-5’ Zoning District.

 

Chairman Baden noted that this was an application for a lot improvement in Quiet Mountain Estates Mapped Subdivision. The Town Attorney initially said that this would need to go through the subdivision process, but when we looked at our Town Code closer, it is not clear that it says that, so it will be treated as a Lot Line adjustment. So, the Board can look at this and okay it tonight.

 

Mr. Tully was present and noted that there was a 20 acre lot in the subdivision (lot #14) and he owns the adjoining 100 acres and a narrow strip. He is taking 20 acres of his property and adjoining it to Mr. Camara’s property. So, Mr. Camara’s 20 acres will now be 40 acres, and Mr. Tully’s 100 acre lot will now be 80 acres.

 

Chairman Baden noted that both lots would meet the R-5 requirements. Its on a private road, but there is a filed RMA. He continued to note that this was a Type 2 action under SEQRA.

 

Mr. O’Donnell motioned to accept the lot line improvement as submitted. Seconded by Mr. Paddock. No discussion.
Vote:
Baden:  Yes                                             Tapper: Yes
O’Donnell:      Yes                                             Rominger:       Absent
Ullman: Absent                                  Ricks:          Yes
Paddock:        Yes                                     
                                                                        
Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions

 

PB 2013-02 SPA          New Application 
Site Plan
Nichols Field; Cori Nichols, applicant, Application for Site Plan Review to amend decision 2012-08SPA.  Applicant desires amendments to the approved Site Plan to change the parking location, add signage, and have the ability to hold special events. 97 Sherman Rd., S/B/L #76.3-2-3.1, ‘R-5’ Zoning District.

 

Chairman Baden noted that she had applied to amend her approval a couple of weeks ago. Since that time she has notified the Office that she is not ready to move forward so she is deferring the application until she is ready. She is going to build the driveway and then the barn and pavilion and then she will be back.
OTHER MATTERS
Wawarsing Referral: Dollar General Store:

 

Chairman Baden noted that the Dollar General has applied to the Town of Wawarsing on a lot that is in both Wawarsing and Rochester. At some point they are going to have to come to the Town of Rochester, but for right now the Town of Wawarsing has sent Rochester a referral as the property is in both towns. He would like to see Wawarsing type this as a coordinated review with Rochester and for Rochester to be listed an involved agency.  He also thinks that this application will require Rochester Planning Board Approval. He noted that they are proposing 20 parking spaces shy of Wawarsing or Rochester’s Code. The applicant thinks they should be granted that waiver on parking spaces. He doesn’t know if Wawarsing has the ability to do that in their code like Rochester does.

 

Mr. Ricks concern was that it was not very good looking. They submitted different architectural styles and he thought the one with windows was the best looking one- that was the Lake Katrine design.

 

The Board also agreed that they would like to see some sort of screening on the back of the building as that will be the view from coming down Kerhonkson Hill on Route 209 for southbound traffic.

 

Chairman Baden noted that the Town of Rochester requires 10’ x 20’ parking spaces and for this size building would require 52 spaces with 2 handicap and they are proposing 32. The Board wasn’t going to comment on the parking at this time. They would wait until they had an application in front of them.  

 

Discussions with applicants outside of meetings:

 

Chairman Baden reminded Board Members that they should refrain from speaking and guiding applicants outside of meetings because applicants will come into the Town Offices and may be told something different by the employees and the applicants take what they hear from a Board Member as gospel.

 

LGRMIF Grant update:
Chairman Baden noted that the software is almost complete. He has a meeting with Reggie Solcberg, the Town’s IT person, Friday to learn how to use the software.

 

Zoning and Subdivision update:
Chairman Baden noted that the Town Board has formed a committee of 10 people to review the proposal. He is not on the committee. David O’Halloran is the Chairman of the committee and Chairman Baden will be presenting the proposed revisions to the committee. This committee needed to report their findings back to the Town Board at the end of June.

 

ADJOURNMENT
Mr. O’Donnell motioned to adjourn the meeting. Seconded by Mr. Paddock. No discussion.
All members present in favor.

 

Chairman Baden adjourned the meeting at 8:35PM.

 

Respectfully submitted,
                                                        
Rebecca Paddock Stange, Secretary       
                                                        Adopted as corrected May 14, 2013