MINUTES OF July 9 , 2013 the Town of Rochester PLANNING BOARD, held at the Town Hall, Accord, NY.
Chairman Baden asked that everyone stand to say the Pledge to the Flag.
The Secretary did roll call attendance.
PRESENT: ABSENT:
Michael Baden, Chairman Baden
Robert Rominger, Vice Chairman
Adam Paddock
Anthony Ullman
Fred O’Donnell
Shane Ricks
Melvyn I. Tapper-7:15PM
Also present:
Rebecca Paddock Stange, Secretary. Mary Lou Christiana, Town Attorney.
ANNOUNCEMENTS and COMMUNICATIONS
Chairman Baden noted that he had mentioned last month that the Town Board would be holding a Public Hearing to consider allowing Special Events in the AR-3 District. They held the Public Hearing and passed a resolution to deny that request.
TRAININGS
The NYPF was doing 4 trainings during the summer. None were in our County.
ACTION ON MINUTES
Mr. O’Donnell motioned to approve the June 11, 2013 Minutes and have any typos corrected prior to distributing the final copy. Mr. Rominger is not listed as being in attendance for any of the votes that took place at the April Meeting and that will be corrected. Seconded by Mr. Ullman. No discussion.
Vote:
Baden: Yes Tapper: Absent
O’Donnell: Yes Rominger: Yes
Ullman: Yes Ricks: Yes
Paddock: Yes
Motion carried. 6 ayes, 0 nays, 1 absent, 0 abstentions
PB 2013-06 LLI New Application
Lot Improvement
Mandy Patinkin and Kathryn Grody c/o William Eggers LS, for Lot Improvement to merge 2 lots (3.35 acres and 12 acres) into 1 lot, Clove Valley Rd., S/B/L #77.2-3-46 and #77.2-3-49, ‘R-5’ and ‘FD Overlay’ zoning districts.
Mr. Eggers was present to represent the application.
Chairman Baden noted that this was a lot improvement for two existing lots. The applicants own 4 lots and they were merging two of the lots to make one lot.
Mr. Eggers noted that 1 parcel of land was across the road and they had a vacant parcel adjacent to it and they wanted to do some improvements and put some solar panels or something there, right between the two parcels, so the simplest method was to join them together.
Chairman Baden noted that this meets all of the dimensions and setbacks for the R-5 Zoning District. He has reviewed it and doesn’t see any issues.
Mr. O’Donnell motioned to acknowledge the lot line improvement. Seconded by Mr. Rominger. No discussion.
Vote:
Baden: Yes Tapper: Absent
O’Donnell: Yes Rominger: Yes
Ullman: Yes Ricks: Yes
Paddock: Yes
Motion carried. 6 ayes, 0 nays, 1 absent, 0 abstentions
PB 2013-04 SBD Continued Application Review, SEQRA, Public Hearing
Minor Subdivision
Elizabeth Kawalchuk, for Minor Subdivision of a 7.89 acre lot into 2 lots, off Bank St./Route 209, S/B/L #77.1-1-26, ‘B’ and ‘FD Overlay’ zoning districts.
Mr. Eggers was present on behalf of the application.
Chairman Baden noted that the Board had referred this to the County Planning Board and received their response. They submitted advisory comments. Their concern is for the lot that accesses from Route 209 that the existing gravel driveway crosses the 100 year flood plain. They say that in the event lot 2 should be developed that the Town should consider requiring this point of access to be moved to a location less prone to flooding. Also by splitting this they are creating a vacant lot, so they will need certification that lot 2 would have the ability for water and septic. The Board heard back from Mr. Kelder, Highway Superintendent and he had no issues.
Attorney Christiana noted that she was aware that the Board had a long discussion regarding the right of way and easement at their last meeting. She noted that behind this subdivision and beyond “Yankee Barn Development” there is another subdivision, which has been approved and which does have a Road Maintenance Agreement (RMA) from Bank Street back to the last lot in that subdivision. Lot 1 of this subdivision actually fronts on that right of way. Lot 1 and lot 2 also have a separate right of way over that from Robert Lapp a prior owner whose predecessor owns the road way now. (the one that is listed “unimproved gravel road.) So, the applicant has a right of way over that. Normally we would say that we wanted an RMA, however, there is already an RMA that covers that section of the roadway, not involving the Kawalchuk property but from the owners back further and the old Lapp property. So, it has to be maintained, by other owners and the Town has an easement over it for the emergency vehicles. So, the Town actually already has what they need over that portion of the roadway. This is a very unusual situation in that she doesn’t believe that the Board needs to require another RMA from the Kawalchuks, because the Town has all of the protection that they need past their house.
Chairman Baden agreed and noted that this was a filed RMA with Yankee Barn Development. The fact that this access passes the Kawalchuk property is fortuitist for them.
At 7:15PM Mr. Tapper arrived to the meeting.
Mr. O’Donnell didn’t understand—Kalwalchuk didn’t need to sign on to this RMA?
Mrs. Christiana noted, no, because the Town is protected in terms of maintenance already through the RMA filed between Yankee Barn and Anesthesia Associates (who owned the parcel prior to Lapp who granted Kawalchuk the right of way).
Mr. Ricks questioned if the Board was going to require the 209 driveway to be changed based on the UCPB’s comments?
Chairman Baden noted that they could condition the approval to say that if a building permit is issued, then at that time the driveway would need to be changed for lot 2.
Mr. Ricks noted that there is a high bank in the other area on Route 209.
Chairman Baden noted that it was an advisory comment and they didn’t have to follow this.
At this time the Board reviewed Part 2 of the Short EAF.
The Board checked off all ‘No’s’.
Mr. Ricks motioned for a Negative Declaration under SEQRA. Seconded by Mr. Ullman. No discussion.
Vote:
Baden: Yes Tapper: Absent
O’Donnell: Yes Rominger: Yes
Ullman: Yes Ricks: Yes
Paddock: Yes
Motion carried. 6 ayes, 0 nays, 1 absent, 0 abstentions
At 7:20PM Chairman Baden opened the Public Hearing.
Gene Van Orden was recognized to speak. Mr. Van Orden noted that he is the current owner of the property that is referred to as “Lapp”. He noted that he has a problem with the road. He thinks he gets the gist that whether a maintenance agreement is or isn’t required, this subdivision would still be allowed on a commercial property.
Chairman Baden noted that the Board has yet to take any votes on the application.
Mr. Van Orden continued to not that the Kawalchuk property does not have an RMA.
Mrs. Christiana noted that the roadway has an RMA. Kawalchuk is not a party to that RMA, but it does satisfy the Town’s needs.
Mr. Van Orden noted that if the Kawalchuks don’t have an RMA and as he is the owner as the end of the lot, he still has an obligation to maintain the road for emergency vehicles. It doesn’t make any difference whether his neighbor has an RMA or not and the next thing that happens with that if everyone that uses the road doesn’t have an RMA, the whole burden falls on him. Whether anyone else cares or not, he does. It seems fair to him that if the road is going to be used or sold by the Kawalchuks that they need to sign on to an RMA and that it would not be used as a commercial property. He told Tony Kawalchuk that they could work this out with an RMA and that the subdivision wouldn’t be used for commercial purposes.
Brian Zelnick, who was part of “Yankee Barn Development” was recognized to speak. He was not in favor of the property being used as commercial either. He felt that the subdivision should remain residential. He was also concerned with the roadway fitting the criteria as a driveway. Whether an additional home would still make it fall under driveway standards and the fact that this roadway was never intended to service a commercial property. He would like the Board to condition that the residential parcel not be used for commercial purposes and therefore the roadway not be used for commercial purposes.
Chairman Baden noted that in 2009 the Town adopted new subdivision regulations and it looked like Mr. Zelnick was getting some of his information from the old code.
Mr. Rominger motioned to close the Public Hearing. Seconded by Mr. Ullman. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Yes Rominger: Yes
Ullman: Yes Ricks: Yes
Paddock: Yes
Motion carried. 7 ayes, 0 nays, 0 absent, 0 abstentions
Chairman Baden noted that because this application involved a lot of legalities, he wanted to go over it with the Town Attorney before he prepared a draft decision to present to the Board.
Mr. Ricks questioned to what level the “unimproved gravel roadway” was improved to right now? Would this be the 5th house on that driveway?
Chairman Baden noted that it is a gravel driveway and it is in very good condition. He noted that one of those lots actually can access Route 209 as well.
Mr. Zelnick noted that it was 5 lots with Kawalchuk.
Chairman Baden noted that the Board would have to go back and read the decision.
Mr. Ullman noted that he doesn’t see as it is in the Planning Board’s authority to limit the use of that parcel that is in the Business District. Could the Board condition Kawalchuk to sign onto the RMA?
Mrs. Christiana noted that the Planning Board could not make that condition, but they could see if they could restrict the parcel with the dwelling on it to be residential the Business use to go with the Route 209 parcel.
Mr. O’Donnell felt that Kawalchuk should have to sign on to the RMA.
Mrs. Christiana noted that the right of way that was given to Kawalchuk had no review or anything to do with Town approvals.
Chairman Baden noted that because the lot has frontage on Route 209, this was how they obtained their building permit.
Mr. Rominger understood that they couldn’t make Kawalchuk sign on to an RMA, but they should look into restricting all business traffic to be restricted to Route 209.
Mrs. Christiana is going to have to research all of the Board’s questions.
PB 2013-05 SBD Continued Application Review, SEQRA, Public Hearing
Minor Subdivision
David and Thomas Kennedy, for Minor 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 was present on behalf of the applicants.
Chairman Baden noted that there are two structures on two acres in an R-1 District. The previous owner passed away and left the property to the two sons and now they want to separate the two homes and give them their own property. They share a well that is on lot 1. They submitted a shared well agreement. We gave them a sample that had been approved in the past and they copied it word for word. Some things are not applicable to this situation, so it will need to be revised to reflect this situation. He continued to note that the homes have a shared driveway that access a right of way with no RMA- this is similar to the Kawalchuk issues.
Mr. Dawson noted that the lady that owns the roadway was handed an RMA yesterday. If there are any issues, they can put a right of way over lot 1 to lot 2 on the side of the property. He doesn’t see why the owner won’t sign the RMA. The Kennedy’s have always maintained the roadway.
Chairman Baden noted that there is a PB decision from 1985 to add another mobile home to the property for a family member and it has conditions of the approval which says that the property in question will remain as 2 acres and at such time as the applicant’s son no longer resides in the mobile home the special use permit will no longer be in effect. This was by Mr. Slater, who no longer owns the property. They would have to get the attorney’s interpretation as to if this restriction was still in effect.
Mrs. Christiana questioned if the mobile homes were still there? Who lived in the homes?
Mr. Dawson noted that it was just a mobile home in the front- that’s where the mother and son lived in the front home and the father and another son lived in the rear home. The father and mother have since passed away.
Chairman Baden noted that whether or not those conditions are enforceable, the Kennedy’s are now applying to split the parcel. The Board needs to know who the actual owner(s) is/are. He also asked to see dimensions from existing buildings to the proposed lot line.
Mr. Dawson noted that the attorney is trying to clean up the deeds to determine that.
Mr. O’Donnell noted that they should show the routing of the well piping so that the Board can ensure that there will be no building in the future to interfere with that.
At this time the Board reviewed Part 2 of the Short EAF.
The Board checked all items off as “No”.
Mr. Rominger motioned for a Negative Declaration under SEQRA. Seconded by Mr. Ullman. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Yes Rominger: Yes
Ullman: Yes Ricks: Yes
Paddock: Yes
Motion carried. 7 ayes, 0 nays, 0 absent, 0 abstentions
At 8PM Chairman Baden opened the Public Hearing.
Mrs. Shillaci was recognized to speak. She stated that she was the property owner in the back who owned the roadway in question. She was not hand delivered an RMA or anything and that the two homes in question are both mobile homes. As she understood it, the mother did not have a will and the property was still in the courts. Lot #2 has a double wide- there are two mobile homes. There is also a cinder block garage 10’ off of the right of way that she owns. There are numerous vehicles on the property. This was a right of way when she bought the property many years ago. The Kennedy’s use the right of way and park their cars on it and cut down trees.
Chairman Baden motioned to hold the Public Hearing open as there are some unresolved issues with this application. Seconded by Mr. Ricks. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Yes Rominger: Yes
Ullman: Yes Ricks: Yes
Paddock: Yes
Motion carried. 7 ayes, 0 nays, 0 absent, 0 abstentions
PB 2013-04 SUP New Application
Special Use Permit
Scott MacScott, for Special Use Permit to expand a Non-Conforming residential use with bathroom and shed expansions pursuant to § 140-42 of the T/ Rochester zoning code , 24 Blevins Rd., S/B/L #59.7-2-57, ‘R-2’ zoning district.
Mr. MacScott was present on behalf of his application.
Chairman Baden noted that this application started off as an Area Variance with the ZBA and it was discovered along the way that the way that the law is written, that because this was a nonconforming use as the parcel size is non conforming and the existing setbacks are already in violation, but are pre-existing to zoning, which make the house nonconforming, this application to expand the nonconforming use, which the applicant is requesting by means of adding onto his residence, this requires a Special Use Permit.
The Board questioned how close he was proposing the home to be to the boundary lines.
Mr. MacScott noted that it would be 4’ on one side and 6” on the other.
Chairman Baden questioned if the applicant had a survey?
Mr. MacScott did not.
Mr. Ricks noted that 6” was really close to the property line. How would the applicant make any improvements to that side of the house without trespassing on the neighbors property?
Chairman Baden questioned if this was a single story home?
Mr. MacScott answered that it was.
Chairman Baden noted that because he was proposing such a close setback that the run off from his roof would go onto the neighbor’s property.
Mr. MacScott didn’t believe it would be an issue because the property of the neighbor on that side goes up hill.
Mr. Rominger questioned if he would have gutters and pipes?
Mr. MacScott answered that all run off would drain to the front of his home.
Mr. Ricks questioned what the additions would be used for?
Mr. MacScott noted that the side addition would be for a bathroom and the other side would be for a storage shed.
Chairman Baden questioned if the applicant had a blue print?
Mr. MacScott didn’t have one, but he could make one.
Chairman Baden would have to see the slope of the property to get a better understanding of what the applicant was talking about. He suggested that the applicant take pictures to demonstrate all of the points he was making tonight. He also questioned if the applicant would be opposed to Board members making site visits? He noted that the property was not in a wetland or flood plain. It was off of a private road.
Mr. MacScott was fine with anyone who wanted to take a look at his property.
Chairman Baden noted that the applicant should submit more detailed information and pictures and bring it back to the Board to be considered to have his public hearing scheduled. The next meeting is August 13th.
OTHER MATTERS:
Mrs. Kawalchuk approached the Board and noted that she wanted to rescind her subdivision application.
Chairman Baden instructed that Mrs. Kawachuk should present that in writing to the Planning Board Office for it to take effect.
DOLLAR GENERAL:
Chairman Baden noted that he had asked the secretary to call Wawarsing and find out what the status of this application was.
Wawarsing assured the Planning Board that they have instructed the applicant that they need to apply to Rochester as well as Wawarsing. They haven’t started SEQRA yet either. They will forward any further information to the Board as they receive it.
GRANT:
Chairman Baden noted that the grant ended on June 30th and they are 85% done. Chairman Baden is going to finish the remaining files on his own. They received $9,000 and used $6,200 of it.
ZONING AND SUBDIVISION CHANGES:
Chairman Baden noted that the Town Board has referred what they were presented by the committee to the Town Attorney and to Dennis Doyle for their review.
AUGUST 13TH PB MEETING:
Chairman Baden noted that they are going to leave the August meeting on its regular date and ask one of the Town Clerk Deputies to fill in for the Secretary while she is on vacation.
MEMORIUM:
Chairman Baden noted that Virginia Craft who worked with the Ulster County Planning Board passed away in the month of May very suddenly. She was the contact person for the Agricultural Districts in the County and she was excellent at her job.
ADJOURNMENT
Chairman Baden motioned to adjourn the meeting in Virginia Craft’s memory. Seconded by Mr. Rominger. No discussion. All members present in favor.
Chairman Baden adjourned the meeting at 8:30PM.
Respectfully submitted,
Rebecca Paddock Stange, Secretary
Approved Aug. 13, 2013