MINUTES OF May 18, 2004 REGULAR MEETING of the Town of Rochester PLANNING BOARD, held at the Town Hall, Accord, NY.
Meeting was called to order at 7:00 PM by Chairperson, Nadine Carney.
PRESENT: David O'Halloran, Alternate ABSENT: Melvyn Tapper Shane Ricks, Vice Chair Anthony Kawalchuck
Frank Striano, Sr
Nadine Carney, Chairperson
Robert Gaydos
William De Graw
Pledge to the Flag.
Because there was not a full Board at this meeting, Alternate Mr. O’Halloran would be able to vote and make motions.
PUBLIC HEARING
YANKEE BARN DEVELOPMENT- c/o Bryan Zelnick, Subdivision Approval for boundary line adjustment at Mohonk Views Subdivision, Route 209 & Bank Street, Accord, Tax Map# 77.1-1-27.21 & 27.23, R-1 Zone
At 7:00 PM, the Chairperson noted that Mr. Zelnick was present on behalf of his Application for his Public Hearing noting that there have been no changes made to the plan since the last meeting. She also read aloud the response to the Notice of Lead Agency Designation from the NYS DEC dated May 11, 2004. The DEC notified the Planning Board that Mr. Zelnick’s project would be covered under the SPEDES General Permit and does not require any other DEC Permits. The Applicant may apply for coverage by filing a “Notice of Intent” form with the DEC. The Chairperson then commented that the Applicant has filed the Notice of Intent with the DEC.
The Chairperson then verified with Mr. Zelnick that he has been in correspondence with William LaRose of the NYS DOT.
Mr. Zelnick noted that he had sent Mr. LaRose original drawings from the original subdivider who had previously obtained a NYS DOT Highway Work Permit for the project. Mr. LaRose was going to review the project and get back to Mr. Zelnick.
Mr. Zelnick then noted that another outstanding issue was the Road Maintenance Agreement. Mary Lou Christiana, Esq. was contacted by the Planning Board Secretary regarding this Application and it was determined that a Road Maintenance Agreement wouldn’t be necessary because there was an existing Agreement that would cover the proposed boundary line adjustment.
At this time the Hearing was opened to the public.
T/ Rochester Planning Board -2- May 18, 2004
Minutes of Regular Meeting
PUBLIC HEARING
YANKEE BARN DEVELOPMENT-(cont’d): subdivision approval
There was no public comment, so the Chairperson left the Hearing open while the Board further discussed the Application.
Mr. O’Halloran was under the impression that Mr. Zelnick was supposed to revise the map to show a 50’ right-of-way coming off of lot 3 as discussed at a previous meeting.
Mr. Zelnick noted that he is aware of that and has instructed his surveyor to make the necessary revisions.
Mr. Ricks questioned who the owner was going to be of the private road coming off of Route 209? It appeared that lot 1 was the owner of 25’ of the private road, who owned the other 25’ strip?
Mr. Zelnick noted that it was in the deed which he submitted to the Board.
Mr. Ricks stated that when Mr. Zelnick’s surveyor revises the maps to show 50’ right-of-way coming off of lot 3, he would need to clearly demonstrate on the map the owner of the other 25’ strip of the private road.
As there were no questions or comments from the public, at 7:15PM, Mr. O’Halloran motioned to close the Public Hearing, seconded by Mr. Gaydos. All members present in favor. No discussion.
The Chairperson noted that for Mr. Zelnick to receive approval he would need to show the owner of the 25’ strip of private road, the 50’ right-of-way off of lot 3, and the letter confirming that a Road Maintenance Agreement would not be necessary.
PUBLIC HEARING
BARBARA PODEJKO- Special Use Permit for 2nd mobile home on one parcel, 43 Store Road, Accord, Tax Map # 68.4-5-17, R-2 Zone
At 7:15PM the Chairperson called Mrs. Podejko forward for her Public Hearing. The Chairperson noted that Mrs. Podejko has submitted a copy of the deed proving ownership and a copy of the survey map showing the acreage. She also noted that the Ulster County Health Dept. and the Town of Rochester Historical Commission were contacted and the Board has yet heard from either agency. Each agency has 30 days to respond therefore, no decisions can be made until the Board either hears from the agencies or the 30 day time allotment has expired.
The Chairperson briefly explained the project for the public. The proposal is to add an additional mobile home to a +/- 4 acre parcel which contains an existing mobile home. The mobile home Special Use Permit will be only allowable for immediate family. It has its own separate well and septic. The permit only lasts as long as the relative lives there. It needs to be removed once unoccupied by the original family member as stated under section 140-27 in the Zoning Ordinance of the Town of Rochester.
At this time the hearing was opened to the public.
T/ Rochester Planning Board -3- May 18, 2004
Minutes of Regular Meeting
PUBLIC HEARING
BARBARA PODEJKO- Special Use Permit for 2nd mobile home on one parcel
Mr. Gaydos questioned if the mobile home was going to be placed on an existing slab?
Mrs. Podejko noted that she would need to get a new slab and the new mobile home would go where she had an old one years ago as shown on the subdivision map. It would be a newer trailer going in, it wouldn’t be old.
Mr. Gaydos questioned the Board why this home would be only good for her mother or immediate family member when she has enough acreage for a second dwelling.
Mr. Ricks explained that when there are two (2) mobile homes on one parcel it is considered a mobile home park. The Town has made this acceptable under the law for only immediate family members. Any time more than one residence is put on one parcel a Special Use Permit is required, unless the property is split to give each dwelling its own parcel.
Mrs. Podejko wasn’t sure how far the two (2) mobile homes would be apart, but it would surely be further than 60’. She explained that her stepfather had drawn the property to scale before he passed away so she wasn’t familiar with the sketch.
Chairperson Carney asked again if there were any public comments.
Juan Clogston is a nearby property owner wanted to know where the second trailer was proposed to go.
Mrs. Podejko and the Board informed Mr. Clogston that the mobile home would be placed near Store Road toward the front of her property.
Mr. Clogston questioned if there would ever be any more trailers there.
Mrs. Podejko stated that there wouldn’t.
The Chairperson didn’t think it was allowable by Zoning.
Neighbor to the Applicant, Jo Ostrander questioned what happened when the relatives were no longer occupying the mobile home?
The Planning Board stated that in the law the Special Use Permit runs out when the original family member no longer occupies the residence. The Applicant also needs to bring proof each year to the Code Enforcement Office that the original family member remains in the residence. If another family member were to occupy the mobile home, they would need to apply for another Special Use Permit.
T/ Rochester Planning Board -4- May 18, 2004
Minutes of Regular Meeting
PUBLIC HEARING
BARBARA PODEJKO- Special Use Permit for 2nd mobile home on one parcel
At 7:25PM Mr. Ricks motioned to close the Public Hearing, seconded by Mr. Striano. All members present in favor. No discussion.
The Chairperson noted that once the Public Hearing is closed, additional comments and questions from the public can be received by Planning Board in written form.
The Chairperson noted that the Board would not be able to make a decision at this meeting due to the lack of responses from the involved agencies, but Mrs. Podejko would be put on the Agenda for the June Meeting.
{Chairperson Carney noted that the June Meeting would be rescheduled for the fourth Tuesday in June (June 22) because the Secretary would be out on vacation the week prior to the meeting when all of the plans and submissions are received from Applicants.}
PUBLIC HEARING
GEOFFREY GREENE- Site Plan Approval for change to approved site plan for restaurant w/ outdoor picnic area and pavilion, 5125 Route 209, Accord, Tax Map # 76.2-2-49, ‘B’ & ‘F’ Zone
At 7:25 Chairperson Carney called Mr. Greene forward for his Public Hearing. She noted that the Board had asked Mr. Greene to supply them with additional information regarding the lighting and walkway for the pavilion. Mr. Greene submitted a narrative which covered both of these areas which was submitted along with his plan to the Ulster County Planning Board (UCPB) and the Town of Rochester Historic Commission.
The referral from the UCPB came back with ‘No County Impact’. The Board has yet to receive a response from the Historic Commission.
At this time the Chairperson opened the meeting to the public.
Martha Tardiobono questioned if the septic system was good there.
The Chairperson noted that there has been no change to the number of seating which would trigger the Ulster County Health Dept. This project has already been approved for the number of seats it has by the Health Dept. The only issue being applied for and addressed is the change in the physical size to the pavilion. The seating remains the same.
Ms. Tardiobono questioned how long approvals last, wasn’t this originally approved a couple of years ago?
Mr. Greene noted that he had received his building permit after he had been approved in 1999 for the Site Plan. He had renewed the building permit over the course of time and has a current one. He has to file a separate building permit for the pavilion, after he receives approval from the Planning Board. The original approval was 1998, and since then he came back to amend that approval due to changes, and now he is back again, not for the main building, but for the pavilion to slightly enlarge it without altering seating or parking.
T/ Rochester Planning Board -5- May 18, 2004
Minutes of Regular Meeting
PUBLIC HEARING
GEOFFREY GREENE (cont’d):- Site Plan Approval for change to approved site plan for restaurant w/ outdoor picnic area and pavilion
At this time the Chairperson read the narrative describing the walkway and the lighting as submitted by Mr. Greene April 22, 2004.
Mr. Ricks indicated that Mr. Greene should point the flood lights downward so they wouldn’t shine in the neighbor’s properties or houses.
Mr. Greene noted that he would point them downward, but there are also a tremendous amount of trees in between. The lights are adjustable.
Mr. Ricks questioned if the septic system is status quo? The design didn’t need to change?
Mr. Greene responded that the configuration of the tanks simply changed and he has a valid permit with the Ulster County Health Dept.
Mr. Gaydos noted that the Code Enforcement Office wouldn’t issue a building permit if Mr. Greene didn’t have a Sewage Disposal Permit from the UCHD.
Jean Elsworth stood to ask if there was enough room for parking if he puts up the pavilion?
Chairperson Carney noted that the pavilion was previously approved with the parking, the only thing that has changed is the size of the pavilion, it doesn’t affect the parking or seating at all.
At 7:40PM, Mr. O’Halloran motioned to close the Public Hearing as there were no further questions from the Board or the public, seconded by Mr. Gaydos. All members present in favor. No discussion.
Mr. O’Halloran motioned for Conditional Preliminary Approval based on the conditions of downsheilded lighting and walkways as depicted in the narrative submitted by Mr. Greene dated April 22, 2004. Also to give the Chairperson the authority to sign the maps upon the expiration of the 30 days allotted to the Town of Rochester Historical Commission to give their comments which is May 22, 2004. Seconded by Mr. Gaydos. All members in favor, no discussion.
PRE-APPLICATION PRESENTATION
PAUL MCGINNES, C/O TERRANCE & CHRISTINE SOLOMONE- Subdivision Approval for 12 lots total, Samsonville Road, Kerhonkson, Tax Map # 60.1-2-2 & 60.1-2-3, ‘A’ Zone
Mr. McGinnes was present upon the property owner’s behalf to discuss a possible subdivision on Samsonville Road in Kerhonkson. Mr. McGinnes noted that this is in very preliminary stages at this point. In fact he submitted a sketch showing 12 lots, but his clients have since changed their layout to 20 lots with a minimum of 5 acres per lot.
T/ Rochester Planning Board -6- May 18, 2004
Minutes of Regular Meeting
PRE-APPLICATION PRESENTATION
PAUL MCGINNES (cont’d):- Subdivision Approval for 12 lots
Mr. Gaydos suggested for the Applicant to hire an engineer, and they could help a lot with the design of the lots.
The Chairperson contributed that the Board isn’t aware of the slope of the land or other physical characteristics of the property.
Mr. O’Halloran noted that 20 lots would be a major subdivision. When Mr. McGinness has gotten a little further in his process, he should come back to the Board with his engineer for further discussions.
Mr. Ricks noted that they would need something better than the sketch that Mr. McGinnes submitted. He should find out a little further if it is even feasible to have 20 lots on this property.
Mr. McGinness noted that he has walked the land and it is relatively flat, so he doesn’t foresee it as being unbuildable. This property is just before the sign for the Town of Olive on Samsonville. There is a ‘for sale’ sign in the front of the property by Westwood Metes & Bounds. Mr. McGinness doesn’t believe that it is steep. The back 82 acre parcel has a little rise to it, but it is mostly flat. There is an existing trailer on the first 50 acres, but you can’t really see it from Samsonville Road.