Planning Board Minutes Jun. 2015

PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
torpbzba@hvc.rr.com

MINUTES OF JUNE 8, 2015 the Town of Rochester PLANNING BOARD, held at the Town of Rochester Community Center, 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 Adam Paddock
Shane Ricks Fred O’Donnell, Vice Chair Melvyn Tapper (7:10PM)
Maren Lindstrom
John Dawson

Also present:
Patrick Williams, Alternate. Rebecca Paddock Stange, Secretary.

Chairman Baden noted that as there were absent members at this meeting, Mr. Williams would be seated as a regular member for this meeting.

ANNOUNCEMENTS and COMMUNICATIONS
o Notice of Marbletown ZBA Public Hearing – May 27
Smiley Brothers, Inc. – Application for Special Use Permit to expand existing hotel facilities by building a new detached lodge

o NYC DEP
Request for future Land Use and Zoning Information in preparing an Environmental Impact Statement (EIS) pursuant to the State Environmental Quality Review Act (SEQRA) and in conformance to City Environmental Quality Review (CEQR) requirements.

TRAININGS
o June 11 8am – 9:30am Mid-Hudson Watershed Breakfast Series
Beyond Imperviousness: Urban Landscaping & Water
Location: Plaza Diner (Stop & Shop Plaza), New Paltz

o July 15 TBD New York Planning Federation Summer Training
Full day of training, topics TBD
Location: Henry A. Wallace Center – FDR Presidential Library and Home, Hyde Park
ACTION ON MINUTES
Chairman Baden noted that he didn’t have a chance to go through the minutes prior to the meeting to make corrections. They were very lengthy as they were verbatim. The Board agreed to table them until the next meeting.

PB 2015-02 SUP Continued Application,
SEQRA Determination, Public Hearing
Special Use
Frank Macagnone and Keith Eddleman aka Crested Hen Farms
Proposes expansion of use of an existing barn on a +/- 32 acre residential parcel for the use ‘Commercial Events Facility’ with parking and related supporting amenities
607 County Route 6, S/B/L #77.002-2-12.1, ‘AR-3’, ‘AP Overlay’ and ‘FD Overlay’ zoning districts, Located in Ulster County Ag District #3, Located within Alligerville Historic District proposed listed on the National Register, Located within the 100 year flood plain

Chairman Baden noted that this Public Hearing is not being held at this meeting. The Town just received the check for the escrow account for the sound study that was requested by the Board, so the applicant requested to remove the application from this month’s agenda as there would be no new information.

Ms. Lindstrom motioned to continue the application review and the Public Hearing at the July 13, 2015 Meeting. Seconded by Mr. Williams. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Absent Lindstrom: Yes
Ricks: Yes Dawson: Yes
Paddock: Absent Williams (alt): Yes

Motion carried. 6 ayes, 0 nays, 2 absent, 0 abstentions (including alternate)

PB 2015-05 LLI New Application
Lot Improvement – Lot Line Adjustment
Michael and Carol Crehore – Don and Bruce Conklin
Proposes conveyance of +/- 0.04 acres from Conklin to Crehore between two contiguous parcels
427 Clove Valley Rd. and 450 Clove Valley Rd.., S/B/L # 77.4-2-21 and 77.4-2-20.100, ‘R-5’ zoning district

Chairman Baden noted that the reason that the Town Attorney was not present was because she didn’t realize the meeting was so early in the month and she already had made another commitment.

Heather Gabriel from Medenbach and Eggers was present on behalf of the application. She noted that the purpose for this lot line adjustment is for the Crehore’s to get their driveway on their own property.

Chairman Baden questioned the old cabin shown on the Conklin property. He noted that this was a 5 acre district and even with the lot line, the Crehore’s property was still undersized, although, they were making their situation better.

Ms. Gabriel noted that the cabin was not in use.

Chairman Baden noted again that this was definitely an improvement by having the Crehore’s be able to take legal control of their driveway. He noted that the Conklin property wrapped all the way around.

Planning Board Members agreed that this made the Crehore lot better.

Chairman Baden confirmed that the correct language was on the plans.

Mr. Dawson motioned to accept the lot line improvement. Second by by Mr. Williams. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Absent Lindstrom: Yes
Ricks: Yes Dawson: Yes
Paddock: Absent Williams (alt): Yes

Motion carried. 6 ayes, 0 nays, 2 absent, 0 abstentions (including alternate)

Chairman Baden noted that this application was a Type 2 under SEQRA by definition in the Zoning Ordinance.
PB 2015-01 SBD New Application
Minor Subdivision
Marc and Colleen Schain
Proposes subdivision of +/- 4.03 acres of land resulting in 2 lots
826 County Route 6, S/B/L #77.2-3-18, ‘R-2’ zoning district, Contiguous to the Town of Marbletown

Rick Brooks from Brooks and Brooks Land Surveying was present on behalf of the application.
Mr. Brooks showed the Board the proposed driveway location as recommended by the Town Highway Superintendent.

Chairman Baden noted that this was an existing +/-4.03 acre lot between County Route 6 and Clove Valley Road, which is a Town maintained road. There is already a house that exists on Lot 2, and the applicant is proposing to add a single family home to Lot 1. They have final septic approval for Lot 2 and have moved the proposed driveway over 10’ as per the instructions of Wayne Kelder, Highway Superintendent.

Mr. Ricks noted that he saw a Memo from Mr. Kelder to the Planning Board alerting them that the existing driveway to Lot 2 goes over the neighbor’s property.

Mr. Brooks noted that they built the house on lot two back in 1982. At that time the applicant inadvertently built the driveway over a portion of the neighbor’s property. About a year ago, the neighboring parcel sold and they are currently in negotiations to either purchase property or get an easement.

Chairman Baden noted that he spoke with Mr. Brooks’ wife and business partner, Mrs. Brooks about this situation today and she relayed the same details. He noted that this won’t affect the Planning Board approval as this is a pre-existing situation and the applicants have a prescriptive easement currently. Mrs. Brooks noted that she also tried to reach out to the Ulster County Department of Public Works, but because the records were so old, they could not locate them. They would be trying to find them to see if they had an easement on file already. The Chairman re-iterated that this news does not affect the PB approval for the two lot subdivision. He also noted that the County would not make them apply for a new permit if they couldn’t find the old one. It is existing.

At this time the Board reviewed Part 2 of SEQRA. All items were checked off as ‘No or Small Impact’.
Mr. Ricks motioned for a Negative Declaration under SEQRA based on the Board’s answers to Part 2. Seconded by Mr. Dawson. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Absent Lindstrom: Yes
Ricks: Yes Dawson: Yes
Paddock: Absent Williams (alt): Yes

Motion carried. 6 ayes, 0 nays, 2 absent, 0 abstentions (including alternate)

At 7:30PM Chairman Baden opened the Public Hearing.

There was no Public Comment.

Ms. Lindstrom motioned to close the Public Hearing. Seconded by Mr. Dawson. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Absent Lindstrom: Yes
Ricks: Yes Dawson: Yes
Paddock: Absent Williams (alt): Yes

Motion carried. 6 ayes, 0 nays, 2 absent, 0 abstentions (including alternate)

At this time the Board went over the Draft Findings for the application as follows:
Findings of the Planning Board
1. The Planning Board received zoning referral for a Minor Subdivision from the Code Enforcement Officer.
2. The application proposes subdivision of a 4.03 acre parcel of land into 2 lots.
3. Required documentation, as detailed in this decision, was provided for review and the application was considered
complete.
4. The application qualifies for referral to the Ulster County Planning Board as required under NYS GML §239-n, however
the application falls under the signed exception agreement exempting the subdivision from county review.
5. The parcel to be subdivided is known as S/B/L 77.2-3-18.
6. The parcel is located between and has road frontage on Cedar Hill Rd. (County Route 6) and Clove Valley Rd.
7. The parcel is located in the ‘R-2’ zoning district.
8. The parcel is contiguous to the Town of Marbletown.
9. The current use of the parcel is residential with improvements of a single-family dwelling, driveway, stone wall, well, and septic. The improvements will be retained with proposed Lot 2. Proposed Lot 1 has no existing improvements and is primarily wooded land.
10. The Lot 2 existing blacktop driveway accessing the county road was found to be located partially on the contiguous parcel at survey. This has existed for over 30 years, according to the surveyor. The owner’s attempt to secure a lot improvement or an easement has not been successful as the neighboring lot was recently sold to new owners.
11. Lot 1, as proposed,
a. meets or exceeds the bulk standards requirements for the ‘R-2’ zoning district.
b. exceeds the required minimum road frontage, located on Clove Valley Rd., a public roadway under the authority of the Town of Rochester.
c. proposes improvements of a single-family dwelling, driveway, well, and septic.
d. will require a T/ Rochester driveway permit prior to land clearing and construction.
e. will require a T/ Rochester building permit prior to any construction.
f. has been issued a “Permit to Construct a Waste Disposal System” by the Ulster County Dept. of Health, dated 11/14/2014. The permit is valid for a period of 2 years.
12. Lot 2, as proposed,
a. meets or exceeds the bulk standards requirements for the ‘R-2’ zoning district.
b. continues to exceed the required minimum road frontage, located on Cedar Hill Rd., a public roadway under the authority of the Ulster County Dept. of Public Works (UCDPW).

Draft findings were prepared by the Chairman and were read and discussed by the Planning Board.

Mr. Dawson motioned to adopt the Findings. Seconded by Ms. Lindstrom. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Absent Lindstrom: Yes
Ricks: Yes Dawson: Yes
Paddock: Absent Williams (alt): Yes

Motion carried. 6 ayes, 0 nays, 2 absent, 0 abstentions (including alternate)

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 Mark & Colleen Schain permitting the subdivision of lands situate at Cedar Hill Rd. and Clove Valley Rd, known as S/B/L 77.2-3-18 and located in the ‘R-2’ zoning district, into 2 lots. The subdivision preliminary plat, as drawn dated June 4, 2015, is approved with the following conditions.

CONDITIONS of APPROVAL:
1. Applicant shall present a Final Plat for signature. The Preliminary Plat shall be amended as follows:
a. The words “Final Plat” shall be identified in the title block.
b. The plat statement shall be added
“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.”
2. Any and all fees due to the Town of Rochester involving this application shall be paid in full prior to the Chairman’s signature on the Final Plat.
3. All required Local, County, State, or Federal permits shall be secured for the current or future use of these lands.
4. The following specific permits shall be secured should the proposed single-family dwelling be constructed as indicated on the plat on Lot 1.
a. Town of Rochester building permit
b. Town of Rochester driveway permit
c. Ulster County Dept. of Health water and septic permits
All conditions of approval for these permits shall become conditions of this approval. Should any condition(s) imposed by these permit approvals cause a conflict to occur, the more restrictive condition(s) shall prevail.

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 and 2. 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 and 2 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.
Mr. Dawson motioned to adopt the Resolution. Seconded by Mr. Tapper. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Absent Lindstrom: Yes
Ricks: Yes Dawson: Yes
Paddock: Absent Williams (alt): Yes

Motion carried. 6 ayes, 0 nays, 2 absent, 0 abstentions (including alternate)

PB 2015-01 SUP Continued Application (amended)
Special Use and Site Plan
Woodstock Farm Sanctuary
Proposes new use of a +/- 100.5 acre parcel for Multiple Uses
‘Animal Sanctuary’, ‘Commercial Events Facility’, and ‘Inn’ – requires Special Use
‘Agricultural Tourism Enterprises’, ‘and ‘Agricultural Retail Sales’ – requires Site Plan
Lucas Tpke, S/B/L #69.4-2-11.200, ‘AR-3’, ‘AP Overlay’ and ‘FD Overlay’ zoning districts, Contiguous to Ulster County Ag District #3, Contiguous to Rest Plaus Historic District listed on the National Register, Located within the 100 year flood plain, Contiguous to the Town of Marbletown

Doug Abel was present on behalf of the application.

Chairman Baden noted that the applicant submitted a revised plan showing the detail of the parking and the proposed lighting details for the special events.

Mr. Abel noted that they have added a permanent parking area and they will add a light or two as needed.

Chairman Baden thought that was agreeable regarding the lighting and noted that any lighting proposed would have to be downward shielded lights. It is such a large parcel of land, he is certain that the lights won’t shine on any other parcels, but downward shielded, cut off fixtures are what is required. He continued to note that the proximity of the compost area to the Rondout Creek is not an issue as the land is fairly flat. It only slopes when it gets directly near the creek.

Mr. Williams questioned if the lights that are existing will remain on the site?

Mr. Abel answered yes. Some need replacing, but they will be replaced as needed with the appropriate type of downward shielded lighting.

Chairman Baden noted that the Board received the County PB response and a response from the Town’s Historic Preservation commission as well. The letter from the TORHPC gave a little history of the property noting that it was originally called Dreamland Farms, and they were happy to report that the property would be returning to its original similar use. They also noted their concerns for the preservation of the stone house on the property.

Mr. Abel noted that their intentions were to preserve as much as possible. The only potential conflict that he could see might be if he needs to do anything to make it handicap accessible.

Chairman Baden suggested that if the applicant gets to that point, that he should have his architect work with the Town’s HPC to maintain the integrity and historic significance of the structure as much as possible. The Board can’t require it, but they could strongly encourage it.

Mr. Abel understood, but noted he felt that they were a couple of years away from any such work being done.

Chairman Baden referred to the County Gateway meeting that was held in May regarding this parcel and application.

Mr. Abel noted that nothing major is changing that would affect any current approvals. They had an existing SPDES permit that have had transferred over to their name.

Chairman Baden noted that the Board has not heard back from the Fire Dept. and they are also waiting for a response from SHPO. They need to wait 30 days for SHPO under SEQRA.

Chairman Baden noted that he did speak with the Marbletown Building Inspector, Ray Van Kleeck and explained the process and proposal for the Town of Rochester. He did mention to Mr. Van Kleeck that nothing was changing in regards to the property in Marbletown, but he suggested that Mr. Abel contact Marbletown on his end, just the same.

Mr. Abel noted that he did reach out to Marbletown and Mr. Vankleeck referred this to the Town of Marbleotwn Planning Board, but Mr. Abel decided to just leave the Marbletown portion alone for now. He wanted to get through the Town of Rochester process first before he moved on with anything else.

Chairman Baden noted that the entrance and sight distance was a concern of the UCPB. Kim Dufresne from the County Dept. of Public Works noted that that there was no other option than where the entrance was already located due to increasingly poor site distance if they moved it. He would like it conditioned that when there are large events that the applicant puts up temporary signage along Lucas Avenue to alert drivers of the entrance coming up to expect cars pulling in and out.

Mr. Abel noted that he spoke with Mr. Dufresne and he stated that they didn’t need anyone official to direct traffic either.

Chairman Baden reminded the applicant that Mary Lou Christiana, the attorney for the Town, is going to get verification that the number that triggers the mass gathering permit is indeed 1,500 people. If it is, they will need to get a mass gathering permit from the Town Board. He noted that this was a Town Law.

Mr. Abel noted that for the most part they would not have more than 300 guests at special events.

Chairman Baden noted that would be a minimum of 7 handicap spaces and the applicant is showing 8, so that is sufficient.

Ms. Lindstrom questioned if the applicant was going to do their agricultural sales in the education facility?

Mr. Abel replied yes. That was the plan for now. They may switch it to one of the lodges in the future, but that was the plan for now.
Chairman Baden went over the 5 uses that are being applied for as follows:
‘Animal Sanctuary’, ‘Commercial Events Facility’, and ‘Inn’ – requires Special Use
‘Agricultural Tourism Enterprises’, ‘and ‘Agricultural Retail Sales’ – requires Site Plan.
He noted that the manor house can be continued to house workers as it has in the past.

Mr. Ricks questioned the gate in the parking lot. Was that for cars or pedestrians?

After a discussion about pedestrian safety exiting the parking area, the applicant offered to put a smaller gate in for pedestrians only so they were not using the same ingress and egress as the vehicles in the parking area. He would work with his engineers on that with walkways.

At 8PM Chairman Baden opened the hearing to the public.

There was no public comment.

As the 30 day response period for SEQRA was still in effect, Mr. Dawson motioned to hold the Public Hearing open and continue it at the July 13, 2015 Meeting. Motion seconded by Ms. Lindstrom. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Absent Lindstrom: Yes
Ricks: Yes Dawson: Yes
Paddock: Absent Williams (alt): Yes

Motion carried. 6 ayes, 0 nays, 2 absent, 0 abstentions (including alternate)

Chairman Baden asked the applicant to show the bounding owners on the other side of Lucas Avenue.

PB 2015-03 SUP Continued Application, SEQRA Determination, Public Hearing
Special Use
Verna Gillis aka Accord Train Station
Proposes new use of a +/- 1.10 acre parcel for the use “Commercial Events Facility”
9 Tobacco Rd, S/B/L #77.9-1-24.110, ‘H’ and ‘AP Overlay’ zoning districts

Christine Atkinson was present on behalf of the application.

Chairman Baden noted that the Board received the County Comments, and one of their concerns and required Modifications was the approval of the Ulster County Health Dept.

Ms. Atkinson noted that the Health Dept was slated to come to the property this week. They will need a UV system for the water for the café.

Mr. Dawson noted that he drove by the property and it appears that they were installing a septic pump for use with the caboose?

Ms. Atkinson noted that Ms. Gillis, the owner of the property, was installing a compost toilet and did not need Health Dept. approval for that. She had sent all specifications to the toilet and system to be used to the Health Dept. and was told they didn’t need Health Dept. approval for it.

Chairman Baden noted that in one of the revisions, the well had been removed from the plan. That will need to be put back on the plan.

Mr. Dawson noted that when the café originally was approved, there was a lot more parking there, all along the front of the building. Through the years that parking was eliminated. He came through this area over the weekend and there were cars for this property parked on both sides of Tobacco Road.

Ms. Atkinson noted that they had a large landscaping project that weekend and that’s why they had so many vehicles. That won’t be a normal occurrence.

Mr. Dawson’s fear was that will continue to happen as the parking has been really downsized throughout the years of it not being utilized for a café.

Ms. Atkinson noted that the website is in progress and it will be noted on the site to utilize the municipal parking.

Chairman Baden noted that would be one of the conditions of approval—no on street parking.

Mr. Dawson noted that where the applicant wants to re-open the road to main street (old GLF Road), that property was no longer owned by the train station property. That property was transferred to the owner of the post office to add a parking area for the post office building via a lot line adjustment a couple of years ago.

Ms. Atkinson stated that the roadway was existing, and on their property.

Chairman Baden agreed with Mr. Dawson and noted that the old roadway is now on the Reiss (post office) property.

Ms. Atkinson noted that she wasn’t interested in opening it up all the way through.

Chairman Baden noted that this would be more than just reopening an existing roadway to be utilized as a driveway for parking because it is now on the neighbors parcel. She would have to create a new driveway and have a new entrance approved by the Town Highway Superintendent. Main Street is a County Road from Route 209 and then follows Granite Road. The only reason the County PB is involved is because this parcel is within 500’ of a County Highway.

Mr. Ricks questioned if there was going to be a walkway from the rear parking to either the rear or front door?

Ms. Atkinson replied that there would not be. The rear entrance is ground level and it would take away from the naturalness of the property.

Mr. Dawson noted that there used to be a stone walkway.

Ms. Atkinson replied that there was not one now.

Mr. Ricks questioned if the areas designated on the plan were new parking areas?

Chairman Baden noted that the old approvals date back to 1993 and this application was just before the Board for the Commercial Events.

The applicant noted that she would be holding the farm market possibly on Sundays in the future and that they were already approved for those.

Chairman Baden noted that the only new use that they are looking at is the commercial events.

Mr. Ricks felt it was a valid point to look at the parking for the existing uses as well.

Ms. Atkinson noted that she would rather abandon the rear parking and the plan to re-open GLF road out on to Main Street if this was going to be an issue.

Chairman Baden noted that she would need to replace the parking that she would be taking away by doing that.

Ms. Lindstrom questioned if the application really needed that many handicap parking spaces as shown on the plan (3 handicap spaces which took up 6 regular sized spaces).

Chairman Baden noted that she really only needed one handicap space. He recommended keeping the one handicap space for the use of the café, and that way they would have 4 spaces available for the café in addition to the one handicap. They could use them as handicap spaces when they had Special Events.

Ms. Atkinson re-iterated that she would abandon the parking if it was going to prolong the process.

At this time the Board reviewed the lot line adjustment plan between Sidney Reiss (post office property) and the train station. They noted that the old GLF Road is delineated on the train station property. Chairman Baden noted that the Board Members would be able to verify that information in daylight hours when they could actually see everything for themselves.

At this time the Board reviewed the old map of the original approvals back in the early 90’s. Chairman Baden noted that he would need clarification of this site plan from the CEO to clarify that it is still in compliance. The parking areas that this parcel originally had approved are no longer in use or existence.

Mr. Ricks agreed noting that he understands that they weren’t reviewing the café, but in a way they were.

Chairman Baden noted that in regards to the Special Events, the County PB also commented on the safety of guests walking to and from the municipal parking area. A Required Modification was “The applicant, working with the Town, should identify walkways and establish sidewalks if deemed necessary that connect or direct people to municipal parking and provide lighting along those locations where practicable.” The Chairman noted that there were two ways to get to and from the municipal parking to this property. One was to take Main Street and the other was to travel through Community Center parking lot. The County is mainly concerned with traveling these areas in the dark. Would the applicant be running events in the evening?

The applicant stated that she would have staff escorting people with flashlights. Most of the time people leave events in groups.

Chairman Baden noted that the Board was happy to consider the use of the municipal parking, but they needed to guarantee people’s safety.

Ms. Lindstrom questioned if they could include some sort of temporary lighting in their plan?

Ms. Atkinson noted that they would have luminaries.

Chairman Baden wasn’t sure that could be approved since they were taking people off of their own property. They couldn’t set up temporary lighting on other people’s parcels. His concern was to maybe limit the approval to daytime hours. Again, the Board’s job was to ensure safe access as the Board had to make sure people could get back and forth between areas safely. The Board could require the use of golf carts to get people to and from the municipal parking lot.

Mr. Ricks pointed out that the roadway from the community center to the municipal parking lot appears to be owned by one of the neighboring parcels. The Board can’t give approval for a plan to use someone else’s property. Golf Carts would also be out of the question now since it appears that Main Street is the only option of traverse.

Mr. Ricks knew that the applicant stated that people usually left in groups, but it was his experience that when an event ended that everyone almost all left at once.

Ms. Atkinson didn’t agree with that statement. She also noted that limiting her business to only daytime hours kills the nature of her business.

Ms. Lindstrom questioned if they could have people stationed along Main Street to direct people?

Mr. Ricks didn’t think that would work… people would still walk from the event through the Community Center parking area because it was quicker. They weren’t going to walk out and around the post office.

Ms. Atkinson noted that they would give the specific requirements on how to get there and how to proceed to the host to forward to all attendees.

Chairman Baden noted that at this point the applicant needed to change the parking plan, the Board needed to speak with Jerry about the existing parking for the café, the applicant should free up 4 spaces for the café, she should show the well location again, and she needed to submit a narrative for pedestrian movement.

At this time the Chairman opened the hearing to the public.

A member of the public noted that the Board was setting a high bar for future applications by requiring a safe passage. If the Town wants the safe passage, they should provide it in the interest of safety. This is asking the applicant to go above and beyond.

Chairman Baden disagreed with the member of the public noting that it is the obligation of the Board under the Code to provide enough parking. They are granting a waiver as it is because the parcel does not have enough room for the required amount of parking spaces. They are not setting the bar too high. If they didn’t require these measures of safety, they would be putting the Town at risk. They can’t approve the use of someone else’s property to be traversed for this application either. They are opening up the Town to liability by approving a use where people would be walking at dusk along roads with no sidewalks and no lighting.

Mr. Ricks agreed noting that this was a large expansion of the use of the property. Adding special events as a use goes from having a few people visiting the property to 100 people. That is a large expansion.

Chairman Baden continued that the Board’s goal is to help the applicant to succeed, but to also uphold their sworn duty to apply the Zoning Ordinance and other laws that apply, and to be aware and forward thinking of potential problems and to resolve them before they happen.

Mr. Fischer was recognized to speak from the public. He questioned if the parking directly behind the fire house was fire house parking or Town parking?

Chairman Baden noted that the large rectangular parking area belongs to the Town.

Mr. Fischer questioned if that was a private roadway back there?

Chairman Baden noted that it appears to be private property, but is a road by use. It is plowed by the Town.

Mr. Fischer wondered if the applicant could get written permission to use it?

Chairman Baden noted that it looked to be owned by 3 different people. The bottom line was that the Board couldn’t approve access over private property.

A member from the public questioned what was the difference between the event and the café?

Chairman Baden answered that they were approved for a café, flea market, and art studio/gallery already. They were now increasing the use of the property to include 12 special events per calendar year.

Mr. Ricks agreed and noted that the old approved plan showed additional parking that is no longer there. It may make a difference in the way of parking. They may have been able to have 15 cars over here and 80 in the municipal lot.

Ms. Atkinson noted that part of her landscaping project over the past weekend was cutting down the over grown forsythias to improve sight distance.

Chairman Baden noted that the Board was not trying to be difficult, but he urged the applicant to submit the revisions and items that they requested.

Ms. Atkinson questioned if the owner of the property wanted to re-open GLF road for parking purposes, what would be required.

Chairman Baden instructed the applicant that they would need to go to the TOR Highway Superintendent and work that out with them.

Ms. Lindstrom motioned to hold the hearing open and continue it at the July 13, 2015 meeting. Seconded by Mr. Williams. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Absent Lindstrom: Yes
Ricks: Yes Dawson: Yes
Paddock: Absent Williams (alt): Yes

Motion carried. 6 ayes, 0 nays, 2 absent, 0 abstentions (including alternate)
OTHER MATTERS:
Chairman Baden noted that regarding the Crested Hen Farms continued Public Hearing for July, the Board would go over issues and if they are issues that are already heard, they will be kept to a time limit. There was a letter in everyone’s files that was sent from a neighbor and they suggested that maybe the entrance be moved. That is something that could be considered. Another suggestion made was the have the events end earlier. Because this is a Special Use, it is conditional on the particular pieces of property and because of the location and the residential nature of the area, the Board could do this. It wasn’t well received when it was brought up to the applicant.

Mr. Tapper noted that sometimes applicants are so engrossed on what they want, they won’t bend on anything and then sometimes their applications get turned down.

Ms. Lindstrom noted that they could require no amplified noise after 10PM.

Mr. Ricks noted that the neighbors have fears that don’t exist. He was just at a barn wedding. The noise was not an issue.

ADJOURNMENT
Mr. Dawson motioned to adjourn the meeting. Seconded by Ms. Lindstrom . No discussion. All members present in favor.

Chairman Baden adjourned the meeting at 9:00PM.

Respectfully submitted,

Rebecca Paddock Stange, Secretary