PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF April 10th, 2017 Meeting of the Town of Rochester PLANNING BOARD, held at the Town of Rochester Community Center, Accord, NY.
Chairman Baden asked everyone to stand for the pledge to the Flag.
The Secretary did roll call attendance.
PRESENT: ABSENT:
Michael Baden, Chairman John Dawson
Maren Lindstrom, Vice Chair
Lawrence DeWitt
Patrick Williams
Rick Jones
Alonzo Grace
Also present:
Ed Pomerantz, Alternate member. Shaye Davis, Secretary. Mary Lou Christiana, Attorney for the Town
ANNOUNCEMENTS AND COMMUNICATIONS
Chairman Baden stated that there was no other communications besides what was in the folders.
TRAININGS
Chairman Baden thanked everyone who attended the March 25th 2017 training. Chairman Baden noted that there would be training on April 13th, 2017 at the Ulster County Community College. He also noted that there would be training at Dutchess County Planning Federation in Millbrook.
ACTION ON MINUTES
Chairman Baden stated that the November 14th, 2016 minutes are tabled.
Ms. Lindstrom motioned to accept the March 2017 minutes. Mr. Jones seconded.
Motion carried. All in favor
6 ayes, 0 nays, 1 absent, 0 abstentions
2017-02 SBD Continued Application, Public Hearing
Minor Subdivision
Brian and Susan Gray
Proposes 2 lot subdivision of a ±5 acre parcel from a ±40.742 acre parcel.
1198 Queens Hwy, SBL 60.3-2-2.2, R-5 zoning district, property contains and is contiguous to mapped NYS wetland KR-3
SEQRA: Unlisted Action
Brian Gray and his son were at the meeting.
Chairman Baden informed the Board and Public about what the application entails and what has happened so far with the application.
Mr. Jones asked where the wetlands drain to.
Mr. Gray explained on the map to Mr. Jones where the wetlands drain to.
Chairman Baden asked the Board if there were any further questions.
The Board reviewed Part 2 of the SEQRA EAF form. All questions were determined to be no or small impact.
Mr. DeWitt motioned to adopt a negative declaration under SEQRA. Mr. Grace seconded the motion.
Motion carried. All in favor.
Chairman Baden – Yes Dawson – Absent
Williams – Yes Grace – Yes
DeWitt – Yes Jones – Yes
Lindstrom – Yes
6 ayes, 0 nays, 1 absent, 0 abstentions
Chairman Baden opened the application for Public Hearing
There were no comments.
Mr. Lindstrom motioned to close the public hearing. Mr. Williams seconded the motion.
Motion carried. All in favor.
6 ayes, 0 nays, 1 absent, 0 abstentions
Chairman Baden and the Board reviewed draft Findings of the Board and decision as he prepared.
Findings of the Planning Board
1. The Planning Board received zoning referral for a Minor Subdivision from the Code Enforcement Officer. Required documentation, as detailed in this decision, was provided for review and the application was considered complete.
2. The application proposes subdivision of a ±40.742-acre parcel resulting in 2 lots, ±35.609 acres, and ±5.133 acres.
3. The current use of the parcel is residential and vacant land.
4. Existing site conditions include a single-family dwelling with private well and septic, a shed, extensive stone walls, and circular stone driveway.
5. New construction is proposed of a single-family dwelling with private well and septic on proposed Lot 1A.
6. The parcel is in the R-5 zoning district.
• The Board concludes Lots 1 and 1A as proposed, meet or exceed the bulk standards requirements for the R-5 zoning district upon review of the preliminary plan.
7. The Board reviewed the preliminary subdivision plat for design and environmental concerns.
• Planning Board subdivision guidelines recommend the retention of stone walls.
• The proposed Lot 1A utilizes existing stone wall location to separate the lots.
8. NYS mapped wetland KR-3 is partially located on the existing parcel.
• The freshwater wetlands of the state of New York are invaluable resources for flood protection, wildlife habitat, open space and water resources.
• Subdivision of land containing New York State designated wetlands shall be required to adhere to any federal, state, or local regulations of those areas. The Planning Board shall require plat and deed notations and restrictions illustrating such regulations.
• The applicant stated they previously had NYS DEC onsite to delineate the wetland boundaries.
• The proposed subdivision and new dwelling location are significantly removed from the wetland and the 100’ buffer boundaries.
• The Planning Board, upon review of the map is satisfied the proposed subdivision will not impact the mapped wetland due to distance from the wetland. Plat and deed notations will be required for final approval.
9. The Board concludes access to utilities is easily achieved due to the location of the parcel on a public road.
10. The Board reviewed if the proposed lots will have safe and legal access.
• The property fronts Queens Hwy., a T/ Rochester maintained public roadway.
• An existing stone driveway services proposed Lot 1.
• A proposed driveway location is shown on the plan for proposed Lot 1A.
• The applicant applied and received a T/ Rochester Driveway Permit based on the proposed location for Lot 1A.
• The Planning Board accepts this as proof of safe and legal access.
11. The Board reviewed if the proposed lots could support water and septic.
• Lot 1 has existing approved well and septic.
• The Planning Board believes, based on the lot size, soil type, and preliminary plat information, that Lot 1A should be able to support well and septic. UC Board of Health or a licensed engineer’s certification will be required prior to final approval.
12. The application was determined to meet the requirements of an Unlisted SEQRA action.
• A Negative Declaration was determined upon review.
Draft findings were prepared by the Chairman and were read and discussed by the Planning Board in public meeting at the time of adoption.
Adopted April 10, 2017 by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion to adopt findings by Mr. Williams
Second by Mr. DeWitt
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision-Conditional Final Approval to Brian and Susan Gray permitting the subdivision of lands situate at 1198 Queens Hwy, known as S/B/L 60.3-2-2.2 and located in the R-5 zoning district, into 2 lots with the following conditions. The subdivision plan, as dated February 24, 2017 is approved with conditions.
CONDITIONS of APPROVAL:
1. Applicant shall present a Final Plat for signature with these amendments.
a. The statement “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.” shall be added.
b. The statement “all future activities on the project site shall be undertaken in compliance with the requirements of New York State’s Freshwater Wetlands Act [Article 24 of the Environmental Conservation Law]” shall be added.
c. The names listed on the subdivision plat shall reflect “Brian and Susan Gray” as joint owners.
The applicant’s engineer shall provide a letter or Ulster County Health Department certification shall be presented certifying lot 1A is capable of supporting water and septic
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 Plat.
All required Local, County, State, or Federal permits shall be secured for the current and/or future use of these lands.
a. Specifically, a Town of Rochester building permit shall be secured prior to construction of the proposed dwelling on Lot 1A.
b. Specifically, a Town of Rochester driveway permit shall be secured prior to construction of the proposed driveway on Lot 1A.
c. Specifically, Ulster County Dept. of Health permit(s) shall be secured prior to construction of the well and septic areas on Lot 1A.
The Town of Rochester Planning Board further grants Minor Subdivision-Final Approval permitting the subdivision of lands upon the satisfactory completion of conditions of approval 1-3. The Planning Board grants the authority to the Chairman to certify the conditions have been completed without further resolution and to sign and date the plat at such time.
EFFECT of APPROVAL:
1. This Conditional Final Approval shall expire 180 days from this approval date unless conditions 1-3 are satisfied by the applicant and the Final Plat is presented and signed by the Chairman. This period may be extended for additional 90 day periods upon application to and resolution by the T/ Rochester Planning Board.
2. 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.
3. 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.
Draft resolution was prepared by the Chairman and was read, discussed, and amended by the Planning Board in public meeting at the time of adoption.
Adopted April 10, 2017, by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion to adopt resolution by Mr. Jones
Second by Mr. Williams
2017-03 SBD Continued Application, Public Hearing
Minor Subdivision
David Smith
Proposes 3 lot subdivision of a ±13.2 acre parcel
130 Upper Whitfield Rd., SBL 68.4-3-21, AR-3 zoning district
SEQRA: Unlisted Action
Terry Ringler was present on behalf of the application.
Chairman Baden explained to the Board and Public about the application and what it entails.
Chairman Baden asked Mr. Ringler if the barn on the property is being removed.
Mr. Ringler replied yes, and that the barn might be removed already.
Chairman Baden noted that there is no need for review from any other agencies.
Chairman Baden stated that he does not anticipate any issues with the applicant receiving driveway permits.
Chairman Baden asked the Board if there were any further questions.
The Board reviewed Part 2 of the SEQRA EAF form. All questions were determined to be no or small impact.
Mr. DeWitt motioned to adopt a negative declaration under SEQRA. Mr. Grace seconded the motion.
Motion carried. All in favor.
Chairman Baden – Yes Dawson – Absent
Williams – Yes Grace – Yes
DeWitt – Yes Jones – Yes
Lindstrom – Yes
6 ayes, 0 nays, 1 absent, 0 abstentions
Chairman Baden opened the application for Public Hearing
Ms. Holska spoke about how her property borders her property and that on the map it says that there was a fully functioning septic system and Ms. Holska and her husband are not sure it is functioning because they’ve lived next door for many years and have heard many issues about the septic and just want to make sure it will be working and not leaching into their property.
Mr. Ringler stated that Mr. Smith was doing a full renovation on the original house and it will be put for sale so Mr. Smith will eventually have to address if there are any septic problems. The house was in disrepair when he purchased it and had an existing septic and with all the information Mr. Ringler could find that the septic was fine.
Mr. Jones asked if Ms. Holska had experienced any leaching onto her property in the past.
Ms. Holska replied saying no, they haven’t had any problems but they have always heard there was a problem.
Chairman Baden stated that the Board of Health would have to sign off before the property can be sold so they would come out and review the septic. Either the existing septic will continue or it would have to be replaced. He stated that it doesn’t effect whether the Board approves the subdivisions or not but before the property could be sold or occupied the septic would have to prove to function properly or if not be relocated or addressed so it can function properly.
Mr. Grace asked that if the property just sold wouldn’t the septic have to be checked.
Chairman Baden stated that it could be sold but Mr. Smith is not living on the property so the property doesn’t have a Certificate of Occupancy.
Mr. Jones asked if since there is clay on the property wouldn’t there have to be raised beds.
Mr. Ringler stated that the soil type suggests that there is the potential for raised beds. They won’t know until there are actually tests done. The soil type is suitable for septic but just what kind of filtration would have to be put in and they won’t know until they perform the test.
Chairman Baden read the letter that was received before the meeting from Peak Engineering about the soil and the capability for water and septic.
Another neighbor asked if the type and style of houses mattered that would be built on the new lots.
Chairman Baden stated that the Town of Rochester does not have any restrictions on the style, color or type of house someone builds other than setbacks.
Another neighbor stated that she spoke with Mr. Smith about what he planned on building on at least one of the sites and that is a large house/warehouse workspace type of place. She stated that Mr. Smith did say he would build it in a tasteful way, she stated that she was not sure about what the other homes would be like. She stated that her property borders Mr. Smith’s property and asked about the water table and the wells that will be drilled and if it would support household water usage because her well runs dry.
Chairman Baden stated that in the letter from Peak Engineering they do state that there will need to be test holes to see where it is best to place the well and septic.
Mr. Ringler stated that when he last spoke with Mr. Smith he stated that he was not planning on putting up the garage/workplace.
Chairman Baden stated that if Mr. Smith was going to do anything other than a residential use on the properties he could potentially need further permits from the Planning Board.
Mr. Jones asked if the further permits would include the storage of building materials and trucks.
Chairman Baden noted that the storage of the materials and the trucks it could possibly be considered a home occupation and there are standards for that but that are up to the Code Enforcement Officer.
Mr. Grace asked how one would figure out if putting in new wells would affect the neighbor’s water supply.
Chairman Baden stated that the Board of Health approves the wells and septics so they would figure out the rate of flow of all the test holes and make their determination.
One of the neighbors asked if there is a process where Mr. Smith would have to file the plans for the buildings or homes he puts on the properties.
Chairman Baden stated that yes; he would file that with the Building Department. But you wouldn’t receive a notice saying that your neighbor has filled out a building permit, it’s not like the public hearing notices. The owner just has to post the building permit on the property.
The neighbor asked if there were no zoning restrictions for buildings, could there be residential or business.
Chairman Baden stated that under the zoning schedule for the AR-3 district which is where this subdivision is there are a number of standards it must meet and uses that are allowed by right. If any other use is not allowed by right and is proposed they would go through the process of filing a permit with the building department.
There were no more further comments.
Mr. Jones motioned to close the public hearing. Ms. Lindstrom seconded the motion.
Motion carried. All in favor.
6 ayes, 0 nays, 1 absent, 0 abstentions
Chairman Baden and the Board reviewed draft Findings of the Board and decision as he prepared.
Findings of the Planning Board
1. The Planning Board received zoning referral for a Minor Subdivision from the Code Enforcement Officer. Required documentation, as detailed in this decision, was provided for review and the application was considered complete.
2. The application proposes subdivision of a ±13.2-acre parcel resulting in 3 lots, ±5.0 acres, ±5.0 acres, and ±3.193 acres.
3. The current use of the parcel is residential and vacant land.
4. Existing site conditions include a single-family dwelling with private well and septic, a shed, a garage, and driveway. A barn exists, but is proposed to be removed.
5. New construction is proposed of two single-family dwellings with private well and septic and driveway on proposed Lot 1 and proposed Lot 2.
6. The parcel is in the AR-3 zoning district.
• The Board concludes Lots 1, 2, and 3, as proposed, meet or exceed the bulk standards requirements for the AR-3 zoning district upon review of the preliminary plan.
7. The Board reviewed the preliminary subdivision plat for design and environmental concerns and concludes the proposed parcel boundaries follow existing tree lines and open fields.
8. The Board reviewed if the proposed lots will have safe and legal access.
• The property fronts Upper Whitfield Rd., a T/ Rochester maintained public roadway.
• Upper Whitfield Rd. has considerable site distance at this location.
• An existing driveway services proposed Lot 3.
• A proposed driveway location is shown on the plan for proposed Lot 1 and 2.
• The applicant will need to apply and receive a T/ Rochester Driveway Permit based on the proposed location.
• The Planning Board will require this permit as proof of safe and legal access.
9. The Board concludes access to utilities is easily achieved due to the location of the parcel on a public road.
10. The Board reviewed if the proposed lots could support water and septic.
• Lot 3 has existing well and septic.
• The Planning Board believes, based on the lot size, soil type, and preliminary plat information, that Lot 1, 2 and 3 should be able to support well and septic.
• UC Board of Health or a licensed engineer’s certification will be required prior to final approval.
11. The application was determined to meet the requirements of an Unlisted SEQRA action.
• A Negative Declaration was determined upon review.
Draft findings were prepared by the Chairman and were read, discussed, and amended by the Planning Board in public meeting at the time of adoption.
Adopted April 10, 2017 by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion to adopt findings by Mr. Jones
Second by Mr. Grace
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision-Conditional Final Approval to David Smith permitting the subdivision of lands situate at 130 Upper Whitfield Rd., known as S/B/L 68.4-3-21 and located in the AR-3 zoning district, into 3 lots with the following conditions. The subdivision plan, as dated February 16, 2017 is approved with conditions.
CONDITIONS of APPROVAL:
1. Applicant shall present a Final Plat for signature.
2. The applicant’s engineer shall provide a letter or Ulster County Health Department certification shall be presented certifying lot 1, 2 and 3 are capable of supporting water and septic.
3. 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 Plat.
4. All required Local, County, State, or Federal permits shall be secured for the current and/or future use of these lands.
a. Specifically, a Town of Rochester building permit shall be secured prior to construction of the proposed dwellings on Lot 1 and 2.
b. Specifically, a Town of Rochester driveway permit shall be secured prior to construction of the proposed driveways on Lot 1 and 2.
c. Specifically, Ulster County Dept. of Health permit(s) shall be secured prior to construction of the well and septic areas on Lot 1 and 2.
The Town of Rochester Planning Board further grants Minor Subdivision-Final Approval permitting the subdivision of lands upon the satisfactory completion of conditions of approval 1-3 and 4(b). The Planning Board grants the authority to the Chairman to certify the conditions have been completed without further resolution and to sign and date the plat at such time.
EFFECT of APPROVAL:
1. This Conditional Final Approval shall expire 180 days from this approval date unless conditions 1-3 and 4(b) are satisfied by the applicant and the Final Plat is presented and signed by the Chairman. This period may be extended for additional 90 day periods upon application to and resolution by the T/ Rochester Planning Board.
2. 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.
3. 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.
Draft resolution was prepared by the Chairman and was read, discussed, and amended by the Planning Board in public meeting at the time of adoption.
Adopted April 10, 2017, by the following vote:
Ayes: Nays: Absent:
Motion to adopt resolution by Mr. Williams
Second by Ms. Lindstrom
2017-01 SPA New Application
Site Plan – Kennel
Project Cat
Richard and Linda Rydant (owner) and Gail Mihocko (applicant)
Proposes a private, 501c3 non-profit cat shelter in an existing 2 family residential structure
2586 Lucas Tpke., SBL 69.4-2-7.2, AR-3 and AP Overlay zoning districts, located in Ulster County Agricultural District #3, located contiguous to property listed on the National Register of Historic Places, contiguous to the T/ of Marbletown,
SEQRA: TBD
Gail Mihocko and Linda Rydant were at the meeting on behalf of the application.
Chairman Baden explained some about the application.
Ms. Mihocko explained that Project Cat is a non-profit organization and cat shelter. She explained that they keep cats at the shelter, give them basic care, and treat them for whatever they have and vaccinate them and spay and neuter them. All of the cats there are up for adoption. There is not a full time staff so there are not regular hours, everything is by appointment only. On any given day there is 1 or 2 people at the shelter, either working or looking to adopt.
Chairman Baden asked if the house will continue to be residential.
Ms. Mihocko stated that yes, it’s just the garage that has the shelter.
Mr. Grace asked what the population of the shelter was.
Ms. Mihocko stated that there are between 25-30 cats max at a time.
Chairman Baden asked what the hours were.
Ms. Mihocko stated that the hours are varied.
Chairman Baden asked if there were any signs for the shelter on the roads or the building.
Ms. Mihocko stated that there was one sign on the garage.
Chairman Baden stated that there are 6 parking spaces provided on the map. He noted that 2 of the parking spaces are dedicated to the home. He stated that the other 4 parking spaces are for the garage and shelter. He also stated that they are adequate sizes.
Chairman Baden asked if there was any exterior lighting other than the normal.
Ms. Mihocko said that there were flood lights and that there would be no new lighting proposed.
Chairman Baden stated that there are no other homes around the property, it is surrounded by woods. He also said that the property is located in the Ulster County Agricultural District #3 and the applicant did fill out an Agricultural Statement. In doing research the Chairman discovered that the property is contiguous to the Rest Plaus Historic District which is on the National Register. Due to the location the Board has no choice but to make this application a Type 1 under SEQRA which means the long EAF form will have to be filled out. This also means that the Board will have to contact State Historic Preservation. He also stated that the Town of Marbletown will have to be notified of the Public Hearing as well as the county.
Chairman Baden asked the Board if there were any further questions.
The Board discussed that the applicant needs to show the driveway connecting with the road, including Lucas Avenue.
2017-04 SBD New Application
Minor Subdivision
Martin Tully
Proposes 2 lot subdivision of an ±86 acre parcel and amendment to the filed Subdivision plat of Quiet Mountain Estates, Section II. Access to the resulting parcel will be by shared driveway.
Private road Stillerberg Strata, SBL 67.0-2-84.11, R-5 zoning district, located contiguous to NYS owned land
SEQRA: TBD
Martin Tully was present on behalf of the application.
Mr. Tully explained that he owned a parcel that is 86 acres and in front of that parcel on the road is another 7 acre lot that is part of the subdivision. He explained that he would like to take that lot and attach it to his 86 acres and move it to another section of the subdivisions and make it 11 acres.
Chairman Baden stated that they won’t be able to call the new lot revised lot 13 because the two lots do not connect. Because the line to lot 13 is being removed and added to the bigger lot, that lot should be called lot 13 and the applicant would have to come up with a new name for the new lot.
Chiarman Baden stated that Mr. Tully will have to fill out a lot line improvement application and the lot line improvement would be handled first and then the second part is subdividing the other piece.
Mr. Tully said that the reason why he is attaching the smaller lot, 13, to his bigger lot is so that he is not adding a lot to the subdivision. He said he is dissolving a lot but not adding a new one, just moving lot 13. He continued to say that in 2002 he did a similar thing to this application that there was a lot across the street, lot 15, he dissolved that lot and moved it to the 100 acres over that as a lot line adjustment, not a subdivision.
Chairman Baden stated that when the lot 15 numbering was moved it probably should not have happened the way it did but it is already done and filed with the county so it remains. He said that you cannot dissolve a lot and add the number to a new lot because when the original subdivision lot was filed it was numbered and all the records are based on lot numbers and so if you dissolve a lot you can’t just add the number to a new piece of land because the records would not be about the same piece of land anymore. But because it happened and filed back then it is over with. The Board was not going to make the same mistake twice and they are doing the process the correct way. The bottom line is that Mr. Tully applied for a subdivision but a lot line adjustment was added in just like the Bazinet subdivision. Mr. Tully has to fill out the application but the fee would be waived. He also stated that the road access to lot 13 is by a shared driveway. That driveway is not 100 feet wide but the right of way is 100 feet. He said that the new lot does not have road frontage but is going to use the shared driveway. As with Bazinet with the shared driveway it will be access 3 lots which is allowed under the town code.
Mr. Tully stated that the shared driveway is 12 feet wide.
Chairman Baden stated that there is a pull off that exists.
Ms. Lindstrom motioned to classify the application as an unlisted action for SEQRA review. Mr. Jones seconded. A roll call vote was taken.
Motion carried. All in favor.
Chairman Baden – Yes Dawson – Absent
Williams – Yes Grace – Yes
DeWitt – Yes Jones – Yes
Lindstrom – Yes
6 ayes, 0 nays, 1 absent, 0 abstentions
Mr. DeWitt motioned to schedule public hearing on April 10th 2017. Mr. Williams seconded the motion.
Motion carried. All in favor.
6 ayes, 0 nays, 1 absent, 0 abstentions
2017-04 LLI New Application
Lot Line Adjustment
Shirley Mathews and Oak Queens LLC
Proposes transfer of ±0.3 acres from Oak Queens LLC to Mathews
762B and 810 Queens Hwy, SBL 68.1-2-6.117 and 68.2-1-75-100, R-2 zoning district
SEQRA: Type 2 by definition
Nelson DeGondea was present on behalf of the application.
Mr. DeGondea explained that a the application was simply a conveyance of 0.32 acres from the Oak Queens LLC to Shirley Mathews. Mrs. Mathews’ driveway was actually on Oak Queens LLC’s property and they have granted the 0.32 acres to make it so the driveway was on their own property.
Chairman Baden asked Mr. DeGondea how he was involved with Shirley Mathews or Oak Queens LLC.
Mr. DeGondea explained that he is co-trustee to the Shirley Mathews trust and also has Power of Attorney to the entire state.
Chairman Baden asked if Mr. DeGondea was part of Oak Queens LLC at all.
Mr. DeGondea stated no, he was not.
Chairman Baden stated that the Board will need Oak Queens LLC to send a letter of agent giving Mr. DeGondea permission to be present on their behalf along with proof that the signature and the name represents Oak Queens LLC.
Mr. DeGondea said that he had the letter of sale of the property. He showed it to the Board and it was sufficient enough for proof.
The Town Attorney asked if the property is owned by a trust or if Shirley Mathews owns the property herself. She stated that the Board will need a copy of the Power of Attorney paperwork to prove he has permission to handle this matter. She also stated the Zoning Permit and the Lot Line Improvement application would have to be signed as “Shirley Mathews by Nelson DeGondea, Attorney in fact.”
Chairman Baden stated that the application will be on the agenda for next month’s meeting.
Other Matters:
Chairman Baden stated that he had a discussion with the Building Department and Attorney Christiana that the Board will require applicants to complete conditions of approval before the Chairman signs the maps. The Board is going to do this for site plans and special uses. In the past, the other permits were checked by the building department, the Chairman would sign the plans and the Building Department was in charge of enforcing them. The Board is not the enforcement power but the Chairman will sign the decisions but he will not sign the maps until the applicant actually gets the permits or has applications for the permits. The reason for this is because some things have slipped through the cracks and they are trying to fix that. He stated that other towns do it this way as well.
He also stated that the Board is empowered in both the zoning law and the subdivision law to have a review checklist. He said it was no different than what the Board is doing now but it would be a more formalized way of doing it and the Board will have a piece of paper to actually check things off. The paper will stay in the files. If the Board thought it was a good idea Chairman Baden would create the checklist and bring it to the May 8th meeting for the Board to look over and make sure nothing has to be added.
Mr. DeWitt motioned to adjourn the meeting at 9:15pm. Mr. Jones seconded.
Motion carried. All in favor.
6 ayes, 0 nays, 1 absent, 0 abstentions
Respectfully Submitted,
Shaye Davis, Secretary