PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
torpbzba@hvc.rr.com
MINUTES OF March 10, 2014 the Town of Rochester PLANNING BOARD, held at the ACCORD FIRE 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
Melvyn I. Tapper
Adam Paddock
Shane Ricks
John Dawson
Robert Rominger, Vice Chairman
Fred O’Donnell
Also present:
Cindy Fornino, Alternate, Rebecca Paddock Stange, Secretary, Mary Lou Christiana, Town Attorney, and Greg Bolner and Timothy Moot from Clark Patterson Lee, Town Planner.
ANNOUNCEMENTS
Chairman Baden gave a Telecommunications Committee update. He noted that they are doing a survey for cellular service within the town- where we have it, where we need it. It is available online and hard copy. April 1st is the deadline to turn them in. The goal is to update the code to be consistent with Federal requirements.
Two Lot Line Improvements from December were filed with the County- Schneider and Goodman.
Two letters were sent regarding open applications to remind the applicants that they had open applications in front of the Board. Shawn Charles for Open Development and David Kennedy for a two lot subdivision.
A notice was received from the AT&T application. They have withdrawn their application and they indicated that they intend to file at a later date.
A letter was sent from the Chairman to the CEO questioning the status of several approvals that were granted in the last year by the Board. That will be gone over late in “OTHER MATTERS”.
A letter was received from Medenbach & Eggers requesting an extension for Streamside Estates. That will also be discussed in “OTHER MATTERS.”
TRAININGS
- March 20 4 PM – 8 PM Zoning Enforcement and Revising Zoning Laws
Register by 3/14 Catskill Watershed Corporation, T/ Halcott
Halcott Town Grange, Halcott Center (Greene Cty) Free
- March 30-April 1 NY Planning Federation Conference
Gideon Putnam Resort, Saratoga Springs varied pricing
MINUTES:
Chairman Baden noted that the September 25, 2013 Workshop Meeting Minutes are based off of the letter that was compiled and sent to the Town Board as the PB’s recommendation.
Mr. Rominger motioned to approve the September 25, 2013 Workshop Meeting Minutes. Seconded by Mr. Dawson. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Yes Rominger: Yes
Ricks: Yes Dawson: Yes
Paddock: Yes
Motion carried. 7 ayes, 0 nays, 0 absent, 0 abstentions
Mr. Dawson motioned to approve the corrected version of the January 13, 2014 Regular Meeting Minutes. Seconded by Mr. Paddock. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Yes Rominger: Yes
Ricks: Yes Dawson: Yes
Paddock: Yes
Motion carried. 7 ayes, 0 nays, 0 absent, 0 abstentions
PB 2014-02 SUP New Application Presentation
Special Use and Site Plan review – Resort Hotel
Granit at Hudson Valley Resort LLC, proposes renovation and eventual demolition of current Granit resort hotel and replacement with new resort hotel and associated property improvements for continuation of all hotel, resort, and commercial activities, as well as accommodation for potential gaming facilities, 400 Granite Rd., S/B/L #76.4-1-38, 76.4-1-39.1, 76.3-1-11.12, 76.4-1-56.10, ‘R-5’ zoning district
Michael Moriello, attorney for the application was present along with Dennis Larios, PE from Brinnier & Larios, Tim Miller from Tim Miller Associates, consulting Planner, Elliot Spitzer the principal and Orest Fedash, the manager.
Mr. Larios noted that they would be back over the next couple of months to present plans in more detail and answer questions as they come up as they proceed. His firm has been retained by the Hudson Valley Resort (HVR), the former ‘Granit Resort’ to build a new hotel/resort/spa with a casino. Currently the resort/hotel was 331 rooms with 8 stories, approximately 353 parking spaces that sits between County Road 27 (Granite Road) and a service road. The golf course is to the north. The total acreage of the resort is 561 acres. The proposal of the application that was submitted on February 25, 2014 involves constructing a new resort/hotel of 450 rooms an increase of 119 rooms. That would be constructed in the vicinity of the first tee and the driving range, just to the north of Granite Road. Hole number one would be shortened to a par 3. This would be the site of the 450 room, new state of the art resort/hotel/spa/casino of about 60,000 square feet. When that is completed the existing hotel will be demolished and the parking will be expanded in a concentric fashion. The only onsite improvements regarding roads would be a second intersection into the hotel in the form of a small roundabout to control traffic. 90% of traffic would still enter through the existing entrance off of Granite Road. People that wanted to be dropped off would occur in the new location. Parking would increase from 350 to 976 spaces. PB members will see in the coming months- grading plans, stormwater plans, lighting, landscaping, and site utility plans. They are not fully developed at this point and not submitted with the initial application. This is for concept level and SEQRA distribution at this point and time. The building is being designed by Jeffrey Sidnas, Architects out of NYC.
Mr. Larios presented the elevations for everyone to see. He pointed out that the front entrance and the complete building and how it would sit in the vicinity of the first tee and the driving range of the golf course. He showed the current pond that serves the course for irrigation purposes and much of the stormwater treatment would occur down in that vicinity of the site for the proposed development. There would be an indoor and outdoor swimming pool. The main ‘T’ of the building is 5 stories, 60’ high and will require a variance for a building of that height in this zone. The rest of the building is at 1-2 stories. He pointed out the water features at the main hotel and parking entrances. The site has currently ample water and waste water facilities. As far as capacity and permits, there would be upgrades to those facilities if this project moved forward. As far as capacity of the infrastructure is adequate to support this hotel. Current capacity is approximately 150,000 gallons per day with SPEDES Permit and treatment capacity. The projected design flow is in the 40-50,000 gallon per day range. 60,000 at the top end. They were well within the design and permitting limits of water and waste water facilities that have been existing at the site for many decades.
Mr. Moriello, Attorney for the applicant, asked if the Board would initiate the SEQRA process by circulating a Notice of Intent to serve as Lead Agency.
Chairman Baden alerted the applicant that in reviewing the application he discovered one of the PB members is a bounding owner of the property. It was not his residence, it was vacant land that he owned. Mr. O’Donnell owned on the Berme Road side, the opposite side of the property where the construction was being done. He didn’t feel that he had a conflict and would be remaining on the Board. He opened up questions to the Board Members.
Mr. Dawson questioned if this was going to move forward with or without the casino?
Mr. Larios noted that if they did not move forward with the casino, the proposal would be presented in a different capacity.
Chairman Baden noted that they needed to designate a SEQRA Type. He has researched SEQRA and this project qualifies as a Type 1 Action under 617.4 #6. 3 Criteria underneath that qualifies this project as a Type 1 Action. 1) involving more than 5 acres 2)involving parking for more than 500 vehicles 3)in a Town having a population of 150,000 or less and a facility with more than 100,000 sf of gross floor area.
Mr. Larios noted that there was 130,000 square feet now and there would be a net increase of about 30,000.
Chairman Baden noted that it only qualifies under the first two. Under the SEQRA Law, if it qualifies in any case then it is a Type 1 Action.
Chairman Baden noted that there were a number of involved agencies identified by the applicant as follows:
Town of Rochester PB- Site Plan/Special Use
ZBA of TOR- Area Variance
DEC- Stormwater Permit
UCHD- Water supply and sewage
NYSDOH- Public water
NYS Gaming Commission- Gaming license
UCDPW- Access to facility
Chairman Baden motioned to circulate intent for lead agency to the identified agencies and to circulate documents that have been submitted thus far. Seconded by Mr. Ricks. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Yes Rominger: Yes
Ricks: Yes Dawson: Yes
Paddock: Yes
Motion carried. 7 ayes, 0 nays, 0 absent, 0 abstentions
Chairman Baden commented that he and the Town Attorney had attended a gateway meeting held at the County Planning Dept. offices last Friday. These are very good because they can get a number of agencies together at the same time. The meeting was in the very beginning stages. He would like to formally request that County Planning hold a gateway meeting and asked for the authority from the Board to write that letter.
Mr. O’Donnell motioned to give the Chairman the authority to write the mentioned letter. Seconded by Mr. Dawson. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Yes Rominger: Yes
Ricks: Yes Dawson: Yes
Paddock: Yes
Motion carried. 7 ayes, 0 nays, 0 absent, 0 abstentions
Mr. Dawson motioned to refer this application to the Town’s Planners, Clark Patterson Lee for the purposes of review SEQRA and the Special Use Permit. Seconded by Mr. Rominger. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Yes Rominger: Yes
Ricks: Yes Dawson: Yes
Paddock: Yes
Motion carried. 7 ayes, 0 nays, 0 absent, 0 abstentions
Mr. Bolner from Clark Patterson Lee noted that he’d like to set the initial escrow at $5,000.
Mr. O’Donnell motioned to set the initial escrow for this application at $5,000 for SEQRA review from the Planning Consultant, any attorney fees, and any other agency fees regarding this application. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Yes Rominger: Yes
Ricks: Yes Dawson: Yes
Paddock: Yes
Motion carried. 7 ayes, 0 nays, 0 absent, 0 abstentions
Chairman Baden noted that the applicant also identified interested agencies. He thinks this application is a little premature for that and that they should wait for the applicant to submit more studies and that they should wait for Lead Agency Status and this will also give Clark Patterson Lee some time to do their review.
Mr. Moriello noted that they will be submitting a traffic study and a visual study of the effects of the project. They will also submit an endangered species report and an Archeological report. Stormwater and water and waste water (SPEDES) will also be done.
Mr. Ricks noted that the applicant has stated that the hotel will now go from 8 to 5 stories high. In this new location, how much of a lower elevation would that set the building at?
Mr. Larios noted that the ground slopes south to north in that area and the finished floor
Mr. Ricks noted that would be 4 stories less to look at from Route 209 towards it.
Chairman Baden noted that he had concerns with the loading area and the service entrance. He questioned if it would be possible to get a semi tractor trailer in there. They might want to look at making the south entrance be the service entrance.
Mr. Ricks questioned if people would be shuttled from the parking lot to the casino.
Mr. Larios noted that some may do that. Some may park and walk and some may use the valet service. They wanted to keep the hotel separated from the parking to keep the hotel the main focus as it is an impressive structure.
Chairman Baden noted that he checked the tax maps and this is 4 separate parcels, but there is definitely some inconsistencies between the tax map and survey boundaries.
Town Attorney Christiana stated that they needed to go with the plan and survey because tax maps are not accurate.
Mr. Larios noted that the property survey is sheet 3 of the submittal.
The Town Attorney requested that the survey be certified to the Town of Rochester.
The applicant handed out promotional pamphlets to the Board.
PB 2014-01 SPA New Application Presentation
Site Plan review – Commercial Stables
Flying Change Farm LLC – Diane Schoonmaker and Patrick Williams, proposes construction of a 73’ x 140’ indoor riding arena, 235 Airport Rd., S/B/L #69.3-1-12.2, ‘AR-3’ zoning district
Chairman Baden noted that Mr. Rominger would be recusing himself from this application and the Alternate, Cindy Fornino would be taking his place for this review.
The applicant’s attorney, Mr. Moriello, was present along with Diane Schoonmaker and Patrick Williams.
Chairman Baden noted that this is the same process as the last application. This is the initial presentation and there will be no public comment.
Mr. Moriello noted that he was contacted by the applicant late last week regarding their horse barn which has been put up on their property. He has taken a look at the barn this evening and his understanding is that the applicant relied on a permit that was granted by the building inspector of the TOR. She put up the building and relied on the permit and then was informed that that permit may not have been the correct thing to do in the absence of a Site Plan Approval. He has done some preliminary review of the research having to do with that question and the question of SEQRA. His initial belief is that this is a Type II Action as it is an agricultural use even though it has a commercial component to it, as there are riding lessons, but the Zoning Law requires a Site Plan review and based on reading the Zoning Law, Site Plan Review is appropriate. He does not think, initially, that an environmental review is appropriate and he will be submitting information to that effect so Town Attorney Christiana and the Board. That being said, it is his understanding that his client put together a site plan application and has put that in, with an Agricultural Data Statement and an initial plan has been submitted with the help of Medenbach & Eggers, PLCS to come up with a site plan. It is their hope that after this initial review that the Board will schedule the Public Hearing on the site plan. The applicant was issued a building permit for this facility.
Chairman Baden noted that one point to that was that the Ag Data Statement correctly listed the Domino Farm and it needed to be amended to list the Rominger property because that property is also farmed.
Mr. Moriello noted that change would be made.
Chairman Baden noted that he wasn’t entirely certain of the other bounding properties if any of those are farmed. His initial thoughts on this, and he needed to make the Board aware that there were two bounding owners to this property- one on one side of the property and another on the other side of the property that are on the National Register. Normally when there is a contiguous property on the National Register, this would qualify as a Type I Action under Section 617.4(9). Mr. Moriello believes he can make a case for a Type II Action and the Chairman suggested that they give the applicant the time to do that and that the Board not make a determination on SEQRA at this meeting.
Mr. Moriello noted that if in fact it does not come out that it is not a Type II, they can still move forward with the project, because even if it is not a Type II, there are no other agencies would need to be involved in the granting of a discretionary permit.
Chairman Baden agreed with this and noted that there was no other agency other than the TORPB as a permitting authority. Once this question of whether it is a Type I or Type II is resolved, they can go ahead at that meeting and declare Lead Agency.
Town Attorney Christiana reminded the Board that if it is a Type I, then it does need to be referred to the State Office of Parks, Recreation and Historic Preservation.
Chairman Baden agreed with this. Chairman Baden questioned if any Board members had any questions on the application?
Mr. Moriello gave an overview of what was being proposed. There was an addition of a 73’ x 140’ riding arena. The driveway is shifting, the parking is in the same area.
Chairman Baden noted that after conversations with Mr. Davis, he thinks that they may need to consider moving the parking spaces that are shown that go right up to the edge of the arena for fire access.
Mrs. Schoonmaker noted that they could be shifted.
Town Attorney Christiana noted that although the building is already up, the Board will need to look at this like it isn’t.
Chairman Baden noted that a building permit was issued, the building was constructed, it has since been referred for Site Plan Approval, and so the Board has to review this like the building is not there. This is a 10,000sf building, one of the biggest in the Town. It is a dome style. There are pictures in member packets of similar dome style buildings. He believes those are from the manufacturer and they aren’t the exact one.
Mr. Dawson questioned if they were planning on heating the building.
They were not.
Chairman Baden questioned if there would be any public water supply or bathrooms?
Mr. Moriello noted that the current bathroom and water supply system will be used as it has in the past. That is located in a separate existing building. Mr. Moriello noted that this property was also located in a County Ag District and had an Ag Designation.
Mr. O’Donnell noted that there were two roads, one that came around the front of the building and one that went along the side. Which one was pre-existing?
Mrs. Schoonmaker noted the one that is pre-existing is the one that comes off of Airport Road. The reason for moving it over so that there would be enough distance if fire trucks needed to get in there.
Mr. O’Donnell noted that 9’ isn’t enough. They would need 10’. He then questioned the distance from the turn road to the back parking lot. (Where you turn off the gravel driveway.)
Mr. Ricks noted that the building is 140’ so you can see how long it would be based on that.
The Board estimated about 225-230’.
Mr. O’Donnell noted that 10’ wide would be enough.
The applicants stated that the driveway could be widened.
Chairman Baden noted that there was an existing horse shelter that was removed. He then asked what the height of the structure was.
Mrs. Schoonmaker noted that the height of the structure was 31 ½ feet high.
Chairman Baden stated that met Town Code.
Mr. O’Donnell questioned how this was fastened down?
Mrs. Schoonmaker noted that there were 12’ screws into the ground.
Mr. Williams noted that this was a polypropylene fabric with a steel frame.
Chairman Baden questioned if it was flame retardant?
Mr. Williams noted that he had a call into the company regarding that.
Chairman Baden questioned if there were any other color options other than the white?
Mrs. Schoonmaker noted that there are, but then they would lose the lighting and the environmental friendliness of the structure.
Mr. O’Donnell questioned if there would be a plan for lighting?
Mr. Williams noted that there are lights in there but they are supplementary and they really aren’t needed.
Mr. O’Donnell questioned if this was a permanent structure or a temporary?
Mr. Williams answered that it qualified as a temporary structure.
Mr. O’Donnell questioned if the Board was treating this as a temporary structure or a permanent structure, because—
Mrs. Schoonmaker interrupted and noted that this falls under greenhouse regulations.
Chairman Baden noted that it was referred by the CEO as a Site Plan, so his assumption in the CEO’s mind, this would be a permanent structure. The town does not have Codes on temporary structures. Obviously State Building Codes apply to temporary structures, but the Town has no Codes on that.
Mr. Ricks questioned would there be any riding lessons in the structure at night with the lights on?
Mrs. Schoonmaker noted that they were usually done by 6 or 6:30PM.
Chairman Baden questioned if they would be holding competitions or if this was just individual or class lessons?
Mrs. Schoonmaker noted that they have horse shows just for their own students, they were kind of like recitals.
Chairman Baden questioned how many people they anticipated. He wanted to make sure that they could accommodate the maximum number of cars in the parking.
Mrs. Schoonmaker noted that in the past they base it on their haying season so they can park the cars in the field- 2 days a year and at the most, she thinks they’ve had 50-75 cars. People come and watch their child ride and leave. They are in and out.
Chairman Baden questioned what a normal lesson situation was like in the number of cars.
Mrs. Schoonmaker noted that some of them get off of the bus there and they would pick them up. She would say on a regular day there might be 3 cars a day.
Mr. Paddock noted that on the application it was indicated that the applicant didn’t have any intention of expanding the business. Did this structure allow her to do that if she chose to?
Mrs. Schoonmaker noted that the structure is really going to just let them work year round.
Chairman Baden questioned if there were any plans for landscaping of any kind around the facility.
Mrs. Schoonmaker noted that they would be happy to put up some trees. There is already a partial berme that can be added to.
Chairman Baden noted that any landscaping that they did, they would need to check with the CEO to see what the distance would be that they would need to keep clear for fire access.
Mr. O’Donnell noted that there were so many variables that the Code should be checked.
Mr. Dawson noted that a 32’ high building was going to come down at 32’. That comes into play and being able to get cars in and out.
Mr. Williams noted that the fabric didn’t hold up the structure.
Chairman Baden noted that the fabric is just a skin pulled over the frame.
Mr. O’Donnell noted that if it collapsed it would be forward or back because the way the wind comes up there.
Mr. Tapper questioned if there would be heating? If they didn’t how would they use it year round?
Mrs. Schoonmaker answered that the design of these buildings are that it is 15 degrees warmer in the winter and 15 degrees cooler in the summer. That’s the reason for the color and transparency.
Mr. Ricks questioned if they wanted to set the public hearing? He would say that anything else that is going to go on the map needed to be added—landscaping or the berme.
Chairman Baden suggested checking with the CEO and sees the distance that he would need away. His feeling was that they were looking at some substantial landscaping to break it up because this is a large scale when they were dealing with 140’ x 31’ and the lay of the land in that area of Town is pretty flat.
Mr. Ricks noted that the whole one side where the driveway runs up is a whole solid line of trees. From Airport Road it’s an open field.
Chairman Baden noted that because there are historic properties on either side, he thought they needed to respect that they were on the National Register and on either side of the 140’ side on the building on both sides, so they probably needed to do some sort of landscaping to break up the visual impact of a building of this size. The Board could make suggestions, but he would rather the applicant make a proposal.
Mr. Moriello noted that they would check with Medenbach & Eggers to make sure that they check with something to come up with it before the next meeting.
Chairman Baden requested a copy of the survey map without the riding arena drawn in, so they could see the overall property. The other historic property was on Whitfield, but the property itself abuts this property.
Mr. Ricks questioned if they could see the applicant’s property from theirs?
Mrs. Schoonmaker noted that they may be able to during the winter.
Chairman Baden didn’t go and look himself.
The Town Attorney questioned if they could have Mr. Medenbach add Mr. William’s name to the site plan.
Mr. O’Donnell noted that he would like to see the distance between the corner of that building and where the driveway comes in.
Chairman Baden re-iterated that the driveway needed to be changed from 9’ – 10’ for fire access.
Mr. Dawson noted that what has been done in the past is to invite the fire chief out and get him to write a letter with his comments.
Chairman Baden noted that based on the structure which is a new type to everyone, he planned on sending a letter to the Accord Fire Dept.
Town Attorney Christiana suggested sending the letters for comments out after the revisions come in.
Chairman Baden motioned that when the revised site plan is received that the Board authorize the Chairman to send it for comment to the Accord Fire District and the Town’s Historic Commission and NYS Ag & Markets.
Seconded by Mr. Dawson. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Yes Fornino, Alt: Yes
Ricks: Yes Dawson: Yes
Paddock: Yes
Motion carried. 7 ayes, 0 nays, 0 absent, 0 abstentions
Mr. Ricks made a motion for a Public Hearing if receive the revised information by April 1, 2014 for advertising purposes. Seconded by Mr. O’Donnell. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Yes Fornino, Alt: Yes
Ricks: Yes Dawson: Yes
Paddock: Yes
Motion carried. 7 ayes, 0 nays, 0 absent, 0 abstentions
Chairman Baden noted that because this was in a County Ag District that it would need to be referred to the County PB.
Town Attorney Christiana noted that they couldn’t’ refer it to the County until SEQRA was established and they had a complete application.
Chairman Baden noted that if it is a Type I Action the applicant would need to fill out a long form EAF.
Town Attorney Christiana asked if Mr. Moriello could send his SEQRA research directly to her at the same time he sends it to the Board.
The Board had no problem with this.
ITEMS NEEDED TO BE PUT ON MAP:
Landscaping proposal, 10’ roadway, distance from the road to the building, add Mr. William’s name to the plan, existing survey, parking spaces shown against the building to be moved, a waiver request if the applicant asks for parking alternatives to what the code requires, narrative explaining the scope of the project, distance between existing barns and indoor riding ring.
Mr. Bolner, Town Planner suggested that because of the height of the building they may want to put the plantings more along the road to provide a screen in that way. It may be a matter of taking pictures and going from there.
Mr. Moriello understood, but wanted to remind the Board that this was a wholly agricultural use and the concern is that shade will not be good for the crops and hay fields.
Chairman Baden noted the applicant will have to come up with a solution.
The applicants would discuss this with Medenbach & Eggers.
Mrs. Schoonmaker noted that she said earlier that there were 75 cars there during their riding recitals. She was thinking it over and it’s more like 40-50 cars.
Chairman Baden noted that they should also show an area for reserve parking. They need it to be a distance away from the building that would be acceptable for fire safety. He also indicated that the narrative that had been received from the applicant was more of a personal nature. What the Board needs is details about the project and they could also put details regarding the material of the building in that.
Mr. O’Donnell noted that the size of the building is almost ¼ of an acre. That’s significant run off. Should they know what the elevations are of that building? That’s a lot of water getting pushed off.
Chairman Baden noted that this wasn’t enough of a disturbance that they actually needed a Stormwater Pollution Prevention Plan, but there still was a large structure added that is going to create run off that wasn’t there prior. He did know that Airport Road has some run off challenges already. He knows that the Town Highway Dept. had to replace a culvert, but he wasn’t sure where it was in relation to the property in question, but in the very recent past there have been run off issues. They might want to ask Mr. Medenbach about some sort of storm water estimation and how it will be addressed or may not need to be addressed.
Mr. Rominger came back to the table and returned to the Board and Ms. Fornino, Alternate, removed herself from the table.
PB 2013-05 SBD
Continued Application Review Minor Subdivision – 2 lots
David and Thomas Kennedy, proposes subdivision of a 2 acre lot into 2 lots, off Krum Rd., S/B/L #68.4-7-20, ‘R-1’ zoning district
Mr. Dawson recused himself as before he was a Planning Board member, he represented this application on behalf of the applicants.
The Chairman announced Alternate, Mrs. Fornino would be seated on the Board for this application in place of Mr. Dawson.
Chairman Baden noted that the Public Hearing was left open and a letter was sent to the applicant to see if they intended to continue and pursue this and received no reply. The intention that we’ve been told is that they are planning to withdraw it, but they have not yet. The Chairman would like to schedule the continuation of the Public Hearing for the April meeting and if they withdraw it before then, then it’s done.
Chairman Baden motioned to continue the Public Hearing for Kennedy for April 14, 2014 and directed the Secretary to circulate and post notice if necessary. Seconded by Mr. O’Donnell. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Yes Fornino, Alt: Yes
Ricks: Yes Rominger: Yes
Paddock: Yes
Motion carried. 7 ayes, 0 nays, 0 absent, 0 abstentions
Mr. Dawson returned to the Board and Ms. Fornino, Alternate, removed herself from the table.
OTHER MATTERS
Chairman Baden noted that there is a letter in the member packets that he wrote to the Code Enforcement Office with a list of applications that they have approved recently. He wanted to go over them with the Board and get some direction on how to proceed on some of them.
In 2010 a Private Grass Airstrip was granted a 3 year Special Use Permit to Kelder that was to be renewed after 3 years. That date has passed for the renewal, but also from the information received from the CEO, the conditions were never completed in the first place. According to the Town Code, the approval has now expired.
He would like to write a letter to put in the CEO and PB file that the application had expired because no activity had taken place.
The Town Attorney noted that he should also alert the applicant to this as well.
Streamside Estates had preliminary approval for a Major Subdivision for 7 lots. That approval expires on May 17th. The Board did just receive a letter requesting an extension, however the Town Code mandates that they have to have moved forward in some manner and they are required to tell the Board what they have done. Their letter just says that the project was delayed because of economic downturn. With the Board’s permission the Chairman was going to write a follow up letter quoting the section of the Code that tells them what they need to do and they can review the extension at the next meeting based on their reply.
Real Escapes property (Body of Truth Spa) was granted a one year extension last year and is in effect until August 8, 2014. The CEO reported that no activity had been done, but in fact the County Highway work was done and the sign that was to be relocated was done. He will write them a letter in June saying that their one year extension will expire. The Board isn’t required to remind people, but this is a small town and people might forget what their approval really means and he was comfortable doing this.
Cori Nichols is completed.
Brenda Reiss- Accord Post Office received a reply from the CEO that it was complete as there were no structural changes, but there were a number of conditions about the parking area and signage. As far as he can tell, those conditions have not been complied with.
The Town Attorney suggested that he follow up with the CEO regarding this.
Elm Rock Inn- this is ongoing. Conditions are perpetual that are being addressed.
Scott MacScott- He has his building permit and intends to comply with the permit conditions.
Cellular Antennas- All are waiting for electrical approvals.
Andrea Ellison- waiting on UCHD approval.
The old UC Carpet store wasn’t on this list, but the Chairman wanted to talk to the Board about this. It was approved for a film studio/recording studio. He doesn’t know if anyone has driven by there in the last several months, but to him, the parking is out of control. He doesn’t think that a fire truck or ambulance could get in there some days if it had to. They did put in their extra parking, but it was under about 3’ of snow because they didn’t plow it.
Mr. O’Donnell noted that if they had maintained it, it wouldn’t be an issue.
Mr. Ricks questioned why they needed portable bathrooms? There are trailers there that look like bathrooms.
Chairman Baden noted that those are probably dressing rooms or storage. This was an issue that was discussed during review—the suitability of the parking.
Mr. O’Donnell noted that everyone got caught up with snow issues—not having room to put it anywhere after a while.
Chairman Baden noticed that there was also a very large dumpster taking up about 3 parking spaces. He would like to write a letter to the CEO that the PB has concerns regarding the parking.
Mr. Ricks noted that if the Board starts looking at all of these old approvals—where does it end?
Chairman Baden agreed, but with this parking one—if someone gets hurt or injured because of a fire.
Mr. Ricks noted that the log place was a mess too. They were almost piled onto the road.
Chairman Baden noted that they have sent letters to the CEO in the past to look at that. If the Board didn’t want him to write the letters, he wouldn’t.
Mr. Ricks just wanted to know where it really ended, and who did the Board decide to pick on?
Chairman Baden noted that it wasn’t picking on anyone.
Mr. Ricks still wanted to know where they started and where they ended with this.
The Town Attorney gave her personal opinion on this. She thought that when the Board has things where conditions have not been met, that is still the PB’s purview, because they have a year or 3 months or 6 months. Then the PB can remind applicants that they are running out of time or their permit will expire. If they are ongoing conditions or things like this parking- that is up to the CEO.
Mr. O’Donnell thinks that they just got caught off guard. At least they aren’t parking on 209 like they have been.
Chairman Baden noted that if it continues to be a problem, then they could revisit it.
Town Attorney Christiana noted that if any Board Member just wanted to talk to the CEO as a regular citizen like anyone else in town would if they saw a problem, they could do that.
Mr. O’Donnell noted that the person to talk with might be the fire chief.
Chairman Baden noted that what got him was that one day he drove by there and the entire driveway was blocked. They were double and triple parked.
Mr. Dawson noted that he talks with a lot of those people and he would talk with them about this.
ADJOURNMENT
Mr. O’Donnell motioned to adjourn the meeting. Seconded by Mr. Dawson. No discussion. All members present in favor.
Chairman Baden adjourned the meeting at 8:40PM.
Respectfully submitted,
Rebecca Paddock Stange, Secretary