MINUTES OF August 19, 2003 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: Nadine CarneyABSENT: Robert Gaydos
Anthony Kawalchuck
William DeGraw
Shane Ricks
Frank Striano, Sr.
Melvyn Tapper
David O’ Halloran, Alternate
Pledge to the Flag.
Because neither Applicant nor representative were present for RNR Housing Subdivision Public Hearing, Chairperson Carney elected to move forward on the agenda to the ZBA Advisory Request for Troy Buley.
ZBA ADVISORY REQUEST
TROY BULEY- Area Variance for side yard setback for garage
Mr. Buley was present and explained his reason for the Area Variance requested. Property in question is located at 15 Meadow Brook Lane, Stone Ridge, Tax Map # 69.3-2-4.32, in an R-1 District of the Zoning Map. Where he would like to place the garage on his 1.3 acres is less than 40’ from the property line. He then presented the Board Members with pictures taken of his property. His brother, Todd Buley, is the adjoining property owner on the line where he would like to place the garage and is in favor of this variance. On the opposite side of the property there is a drainage swale which is an easement depicted on the survey map and cannot be disturbed.
There is an existing shale driveway and the garage will be placed right at the end of it, so that the driveway leads straight into the garage. The garage will be 2 stories and the top will be used for storage. Mr. Buley has also spoken to neighbors Laura & Bill Walker and they have no problems with this proposed variance.
MMr. Ricks motioned for favorable advisory, seconded by Mr. Striano, Sr. No discussion.
Vote:Carney- YesRicks- Yes
DeGraw- YesStriano- Yes
Gaydos- AbsentTapper- Yes
Kawalchuck- YesO’Halloran- Yes
T/ Rochester Planning Board-2-August 19, 2003
Minutes of Regular Meeting
DISCUSSION
Wayne Kelder, Highway Superintendent, was present to discuss the involvement of the Highway Dept. concerning private roads in subdivisions.
Chairperson Carney noted that since the retirement of Beverly Schoonmaker as Secretary to the Planning Board, there have been questions as to certain procedures concerning Highway Maintenance Agreements, Highway Road Standards, and when the Hwy. Dept. should be involved with a new subdivision?
Mr. Kelder noted that he would like to be included in the subdivision process a little earlier on, only where it comes to involve the highway, how the subdivision comes onto the highway. Also in regards to the Town taking over subdivision/ private roads, the policy that the Town has been using is if enough people within the subdivision get together and agree that they want the Town to take the road over, there are certain legal avenues that have to be addressed, and then if the Road is brought up to Town Specs, the Town Board then can decide whether the road is taken over. At this time they are only being accepted on an ‘as come basis’- and the highway department is a little hesitant on taking these roads on due to the fact that there are 8 workers for the 120 miles of road in the Town of Rochester. There have been instances where people in subdivisions or on private roads have stated that the Town should take over their roads due to the fact that they pay Town taxes for Town roads, and they don’t access one directly. Mr. Kelder noted that these people travel Town Roads on a daily basis. This argument is one sided due to the fact that there are people who access state roads, yet still pay the same taxes. Mr. Kelder would like the Planning Board to be thinking about how the Town should go about this. The Planning Board has Subdivision Regulations that bring roads all the way up to specs that the Town will approve, but the Town doesn’t have to approve it, maybe the sub divider should know that this decision is subject to the Town Board that is seated at that time.
Mr. Ricks commented thatevery subdivision that the Planning Board has approved for the past 10 years has had to have a Road Maintenance Agreement to lift the Town’s responsibility. In many cases, though, it gets difficult for the shared owners of the road to remain in agreement & put money into the road. Then, when the developer eventually sells off all of the land, all that is left is an association, but who’s in charge and who really takes care of it? That’s what has been becoming the major downfall, no one person wants to be responsible. Perhaps the Planning Board needs to enforce the developer to form an association.
Mr. Kelder reiterated that he would like to be informed of any subdivision that accesses a Town Road from the beginning of the subdivision process. There should be somewhere in the Laws that the applicants need an engineered plan for the road, along with a survey so that these parties are responsible for the placement and design of the road, not the Highway Superintendent.
The Planning Board agreed that the Highway Department needs to be kept better informed in the future.
PUBLIC HEARING-
RNR HOUSING, MICHAEL BAUM, SUBDIVISION, 18 LOTS, c/o Medenbach & Eggers
The Chairperson announced the Public Hearing for RNR Housing, and gave a brief description of the Application and explained the rules and procedures for the hearing.
T/ Rochester Planning Board-3-August 19, 2003
Minutes of Regular Meeting
PUBLIC HEARING-
RNR HOUSING, MICHAEL BAUM, SUBDIVISION: cont’d
Mr. William Eggers was present and gave a brief explanation of the proposed subdivision. He noted that it would contain a private road that would be built to Town specifications. The average lot size would be +/- 4.3 acres, the smallest proposed lot at this time is about +/-2.5 acres, and the largest lot is +/- 14.5 acres. 11 lots would be accessing directly off of the private road and 7 would access of the Town road, Sundale/ Sahler Mill Roads. There will be a strict restriction in the Deed as to the type of houses that will be able to be built on these lots. There will be no manufactured houses. He then briefly noted certain aspects of where the property was located and asked if the Board had any questions.
Chairperson Carney now opened the hearing to the public and noted that there were a few letters sent to the Planning Board to be read. She then recognized Nancy April Town of Olive Resident to speak.
Mrs. April explained that she lives off of Sahler Mill Road in the Town of Olive which is about one half of a mile from the site. She then read a prepared letter that she submitted to the Planning Board for record as well as corresponding photographs. Mrs. April’s vast concerns targeted environmental factors including the disturbance of the Rochester Creek & Mettacahonts Creek, drainage capabilities of the soil types, misrepresentation of information on the Environmental Assessment Form, and the possibility of contamination to neighboring properties.
The Chairperson noted that there was a significant amount of information brought forth by Mrs. April, however there is still quite a bit of information that the Planning Board still needs to receive from the Applicant. There will need to be a Storm Water Management Plan that will need to be prepared as per the DEC and any involved agencies will also need to be contacted for input.
Chairperson Carney then called Town of Olive Resident, Claire Collins, to speak.
Ms. Collins lives on Brown Road which is 1 ½ miles from this project and has driven past the proposed site hundreds of times. She was a real estate agent in the area for a numerous amount of years. She noted that in her previous line of work she has seen projects like this one abandoned by the developer, especially concerning private roads. She just wanted to make sure that this road would be engineered due to the poor drainage in the area. She questioned the slope of the road and commented that this location is just one big hill.
Next the Chairperson called Michael Russ, Town of Olive resident forward to speak.
Mr. Russ commented that he lives about 1 mile from this site and that in the Town of Rochester all the proposed parcels of a subdivision like this are supposed to come out on the subdivision road and empty on to the Town road, and this action does not comply with that law.
The Board noted that they weren’t sure of the driveway specifications at this point and they would have to look further into this along with all other concerns from the public. Because there is still a substantial amount of information to be obtained, Public Hearing would not be closed at this point.
T/ Rochester Planning Board-4-August 19, 2003
Minutes of Regular Meeting
PUBLIC HEARING-
RNR HOUSING, MICHAEL BAUM, SUBDIVISION: cont’d
Adam Brown, Representative for Mr. Ward Stegerhoek bounding property owner to the proposed action, presented the Board with a letter from Grant & Lyons Counselors at Law. This letter was addressed to the Planning Board and concerned environmental factors. Mr. Stegerhoek’s property is located on a downhill slope from the proposed subdivision and one of the major concerns outlined in the submitted letter is the runoff from the project site. Mr. Stegerhoek is concerned about possible contamination to his property that may result from this project and would also like the Public Hearing to remain open until these factors brought forth in the submitted letter have been addressed. Mr. Brown questioned the Board if they were going to have this Application reviewed by their own engineers to cross reference Mr. Medenbach’s work.
Chairperson Carney replied that at this time the Town of Rochester does not have an engineer on staff, however the Board is authorized to hire one as needed. At this point the Board will have to wait for other involved agencies’ feedback to determine whether or not it is necessary.
Mr. Brown wanted to know what party would be responsible for the septic system that has already been installed on lot 2 when it pollutes Mr. Stegerhoek’s land and the trout stream?
Mr. De Graw noted that it would be the homeowner’s responsibility. Mr. De Graw believed that the Board of Health has records that are public record along with the DEC and if they are not public record, the records could be requested through FOIL.
Mr. Tapper questioned pictures that had been submitted by Mrs. April regarding the neighboring property of Mr. Juman and runoff. How long has Mr. Juman had a house at this property?
Mrs. April stated that the house has been existing for about 20 years and the runoff coming down his driveway has probably existed as long as the driveway.
Mr. De Graw questioned whether or not it has been reported to the DEC that the stream adjacent to the property has been filling with gravel.
Mrs. April replied that yes it has and the DEC put bales of hay and straw and now the stream just runs around it and it is starting to chew out Sundale Road.
Mr. De Graw encouraged Mrs. April to pursue the DEC in this matter as they are the enforcing agency.
As the Chairperson attempted to move the meeting forward as there were remaining items on the agenda, Mr. Edward Sprague from Medenbach & Eggers noted that in regards to the Storm Water Management Plan concerning the subdivision, it would be appropriately sized.
T/ Rochester Planning Board-5-August 19, 2003
Minutes of Regular Meeting
PUBLIC HEARING-
RNR HOUSING, MICHAEL BAUM, SUBDIVISION: cont’d
Chairperson Carney reiterated to the public that the Planning Board clearly understands that there are drainage issues, steep slopes, soil issues, and septic issues. She urged the public that if anyone else wanted to speak that they have different issues to comment on. The concerns to this point are very clear and on record.
Lynn Scarpatti, Town of Olive Resident who lives on Upper Sahler Mill Road questioned whether or not if Sundale Road was going to be paved.
The Chairperson replied that it is unknown at this point. She then stated that the next step would be to have the Applicant submit further information to the Board, which will be available to the Public for review, and when the Board feels that they have enough information and they’ve addressed all of these concerns, another Public Hearing will be scheduled.
Town of Marbletown resident, Mrs. Elizabeth Elliot questioned what other agencies would be involved with this review process.
Chairperson Carney responded that the Ulster County Health Dept., the DEC, the Town of Rochester and Olive’s Historical Societies. She then read letter dated August 12, 2003 from the Town of Olive Supervisor, Berndt Leifeld requesting to be kept informed of the Subdivision, so if necessary the Town of Olive may review the impact of this development on Sahler Mill Road.
The next correspondence that was read was July 31, 2003 letter from Mary Dickas and Andrew Baum of 236 Lower Sahler Mill Road, OliveBridge, expressing their opposition to this level of housing density in this proposed area.
Letter dated August 4, 2003 from Gregory Albanis and Richard Harrison of 14 Stone Hill Road, OliveBridge, also expressed their negative feelings concerning this high amount of housing being placed in a rural setting.
August 18, 2003 letter from George Koury of Lower Sahler Mill Road, OliveBridge urged the Town of Rochester to not let this proposal be approved.
Chairperson Carney then noted the submission of the Deed Restrictions from Mr. Baum and briefly commented on them. There are several rules requiring homes to be of certain sizes, types, no unlicensed vehicles in the driveways, and things of that nature.
John Baranbaum of Lower Sahler Mill Road questioned what criteria the Planning Board has to consider in approving this development—does the Planning Board have to consider the impact on the trout stream and the ground water for neighbors in the area?
Chairperson Carney noted that there is an Environmental Assessment Form,and minor projects and site plan applicants fill out part 1. The Part 2 to the EAF Form which addresses the many impacts to ground water, streams, energy use—gets addressed by the Planning Board.
T/ Rochester Planning Board-6-August 19, 2003
Minutes of Regular Meeting
PUBLIC HEARING-
RNR HOUSING, MICHAEL BAUM, SUBDIVISION: cont’d
Representative for Mr. Stegerhoek, Mr. Brown, questioned the Planning Board whether or not they had ever declared a Positive Declaration for environmental impact.
Mr. De Graw stated that if the criteria for the project calls for it through the SEQR review, they would determine this after the public hearing and so forth. SEQR is addressed throughout the whole application process.
The Chairperson commented that the Board will ask the applicant to submit further information and if that information shows that there is a significant impact, then they go into the next category.
Susan Richards resident of Upper Sahler Mill Road questioned the Board as to what consideration the Board gives to items that are not regulated such as the community’s opposition to this high density project.
Chairperson Carney responded that density of a project effects many aspects such as environment and traffic.
Mrs. April questioned whether the Board would speak with the Town of Rochester Fire Dept., Ambulance Squad, and other facilities.
The Chairperson commented that these agencies get contacted along with the Highway Superintendent. They look at where the entrance of this subdivision comes to meet the Town Road and they review the Plan & Profiles for the project.
Karen Dorsky of Sundale Road asked whether or not the Planning Board members would actually visit the site.
Chairperson Carney replied that they may, and noted that Mr. Ricks has previously walked the property.
Mark Saltzman of Upper Sahler Mill Road questioned the Board as to when the 1 acre zoning in the Town of Rochester was passed.
Mr. Ricks estimated around 1967 or 1969.
Chairperson Carney wanted to note that the Planning Board along with other people in the Town have asked the Town Board to review their Zoning Density Schedule.
Mrs. Scarpatti of Upper Sahler Mill Roadwanted to know how the Board addresses the inaccuracies on applications.
The Chairperson commented that the Board will request a revised application.
Mr. O’Halloran made motion to continue this Public Hearing, seconded by Mr. Striano. All in favor, no discussion.
T/ Rochester Planning Board-7-August 19, 2003
Minutes of Regular Meeting
NEW APPLICATION PRESENTATION