MINUTES OF September 11, 2012 the Town of Rochester PLANNING BOARD, held at the Town Hall, Accord, NY.
Chairman Baden called the meeting to order at 7:00 PM, and asked for a moment of silence after saying the Pledge of Allegiance to the Flag in remembrance of 9/11.
Chairman Baden asked the Secretary for roll call attendance.
PRESENT: ABSENT:
Michael Baden, Chairman
Robert Rominger, Vice Chairman
Shane Ricks
Adam S. Paddock
Fred O’Donnell
Melvyn I. Tapper
Anthony Ullman
Also present:
Rebecca Paddock Stange, Secretary. Town Attorney, Mary Lou Christiana, Esq. Robert Case, Alternate.
ANNOUNCEMENTS and COMMUNICATIONS
Chairman Baden noted that on August 30, 2012 the Town Board adopted Local Law #2 of 2012 on the exploration and extraction of natural gas and petroleum. It ended up being an amending of Chapter 140 of the Zoning Code as opposed to being a stand-alone law.
Also at the September Town Board Meeting they set a notice of Public Hearing as they are proposing to amend Chapter 132, which is vehicles and traffic. They are going to hold a Public Hearing on October 4, 2012 at 7PM. They are essentially going to address parking regulations on Town Roads.
Chairman Baden noted that the Planning Board received a letter that will be discussed under ‘Other Matters’ from the Board of Health regarding the Stefanopolous subdivision application.
TRAININGS:
There continue to be morning trainings at the New Paltz Diner. They will meet the second Thursday of every month.
On October 11, 2012 the Ulster County Planning Dept. is having a training at Ulster County Community College. The topic will be the roles of the Planning Board and ZBA- 7-9PM.
Chairman Baden reminded everyone that the end of the year was coming up and to please get their 4 hours of training in. If members don’t have their 4 hours and members are up for re-appointment, they cannot be re-appointed.
ACTION ON MINUTES
Mr. Ricks motioned to approve the July 10, 2012 and the August 8, 2012 Minutes. Seconded by Mr. Rominger. 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 2011-13 SBD Decision: Amended Conditional Final Approval and Final Approval
NY Annual Conference of the United Methodist Church –c/o Brooks & Brooks Land Surveyors, Minor Subdivision, for a 2 lot subdivision of a 162.25 acre parcel, 8 Epworth Lane, S/B/L #69.4-2-11, ‘AR-3’ and ‘Floodplain Development Overlay’ Zoning Districts. The parcel boundaries extend into the Town of Marbletown and are also identified as S/B/L #69.4-1-36.
Patti Brooks was present on behalf of the application.
Chairman Baden noted that the applicant has met the conditions of Conditional Approval, but they had to do a minor change due to the process of constructing the driveway. They had to change the parcel in a very minor way, but one of the lot lines has changed. He believed it added 1/100 of an acre in the change, but because of that he wanted to bring it back to the Board to look at.
The Board viewed the revised map and the original conditional approval. They have also received a letter from the Dept. of Public Works saying that the driveway was complete to their standards. That was the only outstanding condition. In doing the construction of the driveway, the lot line changed in a minor way.
Mrs. Brooks noted that the Easterly lot line of lot #1 where it intersects Lucas Avenue Extension. In order to make sure that the gravel driveway was 100% on lot #1 and that there was enough of a buffer area for snow plow storage they shifted that lot line over 8 or 9’ and they did increase the road frontage up to 58’ to be able to accommodate the actual construction of the driveway.
Chairman Baden prepared a draft final approval for the Board to review as they have met all of the other conditions.
Findings of the Planning Board:
- The application was granted Conditional Final Approval by the Planning Board on Feb. 14, 2012.
- A 90-day extension to complete the required conditions was granted to the applicant by the Planning Board on July 10, 2012.
- The Ulster County Dept. of Public Works has documented the required driveway has been constructed satisfactorily to permit requirements.
- The applicant has made minor modifications to the lot lines as drawn and has submitted an amended Site Plan dated Aug. 14, 2012 for review pursuant to the conditional approval conditions.
Mr. O’Donnell Motioned to accept the Findings as just read. Seconded by Mr. Paddock. 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 2011-13 SBD (CONT’D) Decision: Amended Conditional Final Approval and Final Approval
NY Annual Conference of the United Methodist Church –c/o Brooks & Brooks Land Surveyors, Minor Subdivision, for a 2 lot subdivision of a 162.25 acre parcel, 8 Epworth Lane, S/B/L #69.4-2-11, ‘AR-3’ and ‘Floodplain Development Overlay’ Zoning Districts. The parcel boundaries extend into the Town of Marbletown and are also identified as S/B/L #69.4-1-36.
At this time the Board went over the Resolution as prepared by the Chairman.
RESOLVED,
The Planning Board has reviewed the amended plat submitted by the applicant. The Planning Board has determined conditions 1 and 2 of the Conditional Approval granted Feb. 14, 2012 have been satisfied. All remaining conditions of the Conditional Approval shall remain in force. The Town of Rochester Planning Board grants Minor Subdivision-Final Approval to the NY Annual Conference of the United Methodist Church permitting the subdivision of lands situate at 8 Epworth Lane, Tax Map #69.4-2-11, and in the ‘AR-3’ and ‘FD Overlay’ zoning districts of the T/ Rochester. The plat dated August 14, 2012 is approved.
The owner shall file in the office of the Ulster County Clerk such approved Final Plat bearing the Chairman’s signature within 62 days from the date of signature or such approval shall be deemed to expire in accordance with NYS Town Law §276. The owner shall have the responsibility to return three (3) Ulster County Clerk certified copies of the final plat to the Town of Rochester Planning Board within 30 days of filing.
Mr. O’Donnell motioned to accept the resolution as just read. Seconded by Mr. Rominger. 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 2012-08 SBD Lot Improvement Review and Certification
Claudia Waruch, applicant, for the Estate of Gloria Wintermeyer– for a Lot Improvement to involve the below identified 3 lots and to establish a private road maintenance agreement, private road Stable Hill Road, ‘AR-3’ Zoning District
Claudia Waruch and Nancy Sherman were present on behalf of the application. Also present was Kevin Young from Medenbach & Eggers.
Chairman Baden noted that this was involving separate lots, but ending up with 3 lots and they are also proposing establishing a private Road Maintenance Agreement for Stable Hill Road.
At this time the Board reviewed the map. Chairman Baden noted that it was a little confusing and it took him a long time to figure out what was going on. He pulled the tax map from the Assessor’s Office and made copies of that for the members to try and help them what is going on.
Mrs. Waruch noted that what they are doing is that this was all a private estate and her brother and sister have parcels on the original piece, which was the Wintermeyer Estate. Their mother passed away and what they wanted to do was to give each of them a little more property, so they took it from the original estate and added it to existing parcels. Lands of Sherman on the bottom end received the left hand side and another little piece.
Chairman Baden noted that if you looked at the three “Z”s around Sherman, you can see what is being added.
Mr. Ricks questioned what was happening with the remaining lands?
PB 2012-08 SBD (CONT’D) Lot Improvement Review and Certification
Claudia Waruch, applicant, for the Estate of Gloria Wintermeyer– for a Lot Improvement to involve the below identified 3 lots and to establish a private road maintenance agreement, private road Stable Hill Road, ‘AR-3’ Zoning District
Mrs. Waruch noted that the remaining lands would be going up for sale.
Chairman Baden noted that the upper portion where it says, “revised total area 12.29 acres”—that lot line is being removed and the bigger section at the bottom is being added to that lot.
Chairman Baden questioned why they were adding a little triangle to the Sherman parcel. Was there a reason?
Mrs. Waruch noted that her sister owned the barn there and that property is behind her barn so they just wanted it – it’s a hill and its just behind her barn.
Chairman Baden was wondering if they would square it off and give them 50’ of frontage onto Stillerberg Strada and it would be more useable land rather than creating that little triangle which is never going to be useful for anything. He wasn’t aware of the topography of that area, so it might not matter.
Mrs. Sherman noted that it was very steep and wasn’t useable.
Mr. Ricks still felt that it could go straight across.
Chairman Baden noted that essentially the Board is reviewing a lot improvement and all they are doing is certifying that it meets Town Zoning standards, which all-3 lots do.
Mr. Ricks noted that being on the Planning Board they try and have people not create lots that are going to have a big useless area like this because with the setbacks this whole part of land becomes absolutely useless, whereas if you squared the pointed area off- it might be useable in the future.
The applicant understood this.
Chairman Baden questioned if the applicant wanted to talk more about the private road agreement?
Mrs. Waruch noted that the private road agreement was that each parcel would have a share in the cost of maintenance- 33 1/3 and would remain a private road.
Chairman Baden noted that other lands of Sherman should also be involved as even though Sherman owns two of the 4 lots accessed by this road, Sherman might not always own both lots. It should go with the parcel and not the owners. The Town Attorney wanted to address the estate.
Town Attorney Christiana questioned if there was an executor?
Mrs. Waruch noted that she was the executor to the estate.
Mrs. Christiana noted that she was going to need to take everything that Mrs. Waruch has signed and write “, Executor” so there is a nice clear chain of title, because she isn’t doing it as an individual, she is signing things as the Executor.
Chairman Baden questioned if the Board needed a notarized statement saying that she is in fact the Executor?
PB 2012-08 SBD (CONT’D) Lot Improvement Review and Certification
Claudia Waruch, applicant, for the Estate of Gloria Wintermeyer– for a Lot Improvement to involve the below identified 3 lots and to establish a private road maintenance agreement, private road Stable Hill Road, ‘AR-3’ Zoning District
Mrs. Christiana stated that a copy of the letter naming Mrs. Waruch as the Executor would be fine. It didn’t even have to be certified.
Chairman Baden questioned if Stable Hill Road had a current Road Maintenance Agreement (RMA) or not?
Mrs. Waruch noted that it did not.
Chairman Baden noted that the Board could approve the lot improvement at this meeting, but he wouldn’t be able to sign the maps because she was proposing the RMA and that needed to be resolved first. And what needs to happen with that is either Mrs. Waruch or her attorney needs to confer with the Town Attorney and she needs to sign off on whatever they are proposing and whatever the costs are for her time the applicant will be responsible to reimburse the Town for. If the Board agrees they can give approval tonight, but it would be pending the approval of the RMA before the maps could be signed.
Mr. Ricks had another concern over the lot line adjustments. He noted that the bottom 3.4 acres of Sherman that was being added on to the existing parcel. There is a little leg that comes down under another piece of Sherman’s property. To him the common sense would be to square that off as that leg is so narrow and its another piece that is totally useless.
Mrs. Sherman noted that the line was following a stonewall.
Mr. Ricks noted that with all the lot lines being changed, he wasn’t sure why they would change that and square it off. When people create pieces of land that are totally useless, the Board tries to suggest to them to do it correctly. This piece that comes down like that and juts out like that is a piece that you could never do anything with, whereas if you were to extend the other parcel line where the same person owns it anyway, now you would have a nice square parcel and the other one is squared off.
Chairman Baden noted that it would be involving another lot and would need to be applied for and revised on the map.
Mrs. Waruch just wanted to confirm that this RMA would need to be a 4 party agreement because Sherman owns two parcels being accessed by the road?
Chairman Baden answered yes.
Chairman Baden noted that this was a Type 2 Action under SEQRA. He questioned if the applicant was going to consider making those changes to those two lot lines as suggested by the Board? They didn’t have to, but if they did they would have to be reflected on the map and a new application submitted.
The applicants were not interested in changing those lot lines.
Chairman Baden read the draft resolution into the record for the Board’s consideration.
PB 2012-08 SBD (CONT’D) Lot Improvement Review and Certification
Claudia Waruch, applicant, for the Estate of Gloria Wintermeyer– for a Lot Improvement to involve the below identified 3 lots and to establish a private road maintenance agreement, private road Stable Hill Road, ‘AR-3’ Zoning District
RESOLVED,
The Planning Board has reviewed the plat dated June 15, 2012 and revised July 17, 2012 and certifies the lot improvements proposed will meet Town of Rochester lot requirements for the AR-3 zoning district and further represent an exempt lot improvement in accordance with Section 125-18 of the Town of Rochester Subdivision Regulations. No subdivision approval is required or given by the Planning Board.
As a condition of this certification, the Town of Rochester Planning Board requires the applicant to file a copy of the Surrogate Court letter appointing Claudia Waruch as representative of the Estate of Wintermeyer.
As a condition of this certification, the Town of Rochester Planning Board requires the applicant to submit a Road Maintenance Agreement for the private road known as Stable Hill Road for approval by the Planning Board attorney. The applicant shall be responsible to reimburse the Town of Rochester for the costs incurred in this review.
Upon such acceptance by the Planning Board attorney and reimbursement of costs incurred, the Planning Board grants the authority to the Chairman to sign and date the plat at such time. Should such Road Maintenance Agreement cause a change to the metes and bounds of the proposed parcels, the applicant shall present an amended plan to the Planning Board for review.
The owner shall file in the office of the Ulster County Clerk such approved plat bearing the Chairman’s signature, all proposed easement agreements, and such Road Maintenance Agreement. The owner shall have the responsibility to return three (3) Ulster County Clerk certified copies of the plat, easements, and Road Maintenance Agreement to the Town of Rochester Planning Board within 30 days of filing.
Mr. O’Donnell motioned to approve the resolution as read above. 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
OTHER MATTERS:
STEFANOPOLOUS 2 LOT SUBDIVISION:
Chairman Baden noted that the Board is in receipt of a letter from the Ulster County Health Dept. that is extremely short and just says that they have no problem with the subdivision, which doesn’t answer the question about the septic possibly encroaching on the other parcel.
Mrs. Christiana suggested that the Chairman send a letter to the UCHD and a copy of the map showing the septic encroaching onto the other parcel and see how they feel about it.
ANNOUNCEMENT:
Chairman Baden explained to the Board that the new SEQRA forms have been put on hold by the State until April 1, 2013. They are developing a Work Book to accompany the forms.
Mr. Ricks questioned the Town Attorney at what point the PB could step in where people are creating crazy lots?
Mrs. Christiana noted that in Subdivision Approval the Board can point out and have the applicants fix anything that would be poorly planned lot lines. But not in the case of a lot line adjustment.
UPDATE ON BODY OF TRUTH
Town Attorney Christiana noted that the Appellate Division is set to review the case on Thursday addressing whether the Judge properly dismissed the case or not. So, it will be argued on Thursday and they will probably find out the results in November or December and if they decide against it, it just means the case goes back to Supreme Court.
Mr. Tapper questioned what happened last time that the Judge dismissed it?
Mrs. Christina noted that what had happened was on the papers the Judge dismissed it saying that all of these issues had already been decided on during the previous lawsuit. The plaintiff is saying that there are new issues that the Judge didn’t look at.
Mr. Rominger questioned if it would go back to the same Judge? They are basically asking the Judge to look a little closer because there were new issues?
Mrs. Christiana agreed. She noted that actually when the PB re-approved this, they gave the Body of Truth a little less than they had before. They put in so many more requirements to make the plaintiff (the Feldmans) more protected. In the meantime there is no stay for the development of the property and the applicant is free to move forward.
UPDATE ON ELM ROCK INN
Chairman Baden noted that the CEO received a new application for the Elm Rock Inn and the new Zoning Permit was denied by the CEO because it didn’t meet the standards of our Code. So, that is where that stands.
Mr. Ullman thought that they were going for a hotel?
Chairman Baden noted that they applied for a Bed and Breakfast with special events and expanded parking and the CEO made the determination that they are not a B & B because they are not residing on the property, so it is back to them. They can re-apply a different way or appeal it to the ZBA. They withdrew their hotel application about 6 weeks ago. They do have an engineer and attorney now.
ADJOURNMENT
Mr. O’Donnell motioned to adjourn the meeting. Seconded by Mr. Ullman. No discussion.
All members present in favor.
As there was no further business, Chairman Baden adjourned the meeting at 7:45PM.
Respectfully submitted,
Rebecca Paddock Stange, Secretary
DRAFT