July 15 2003 Regular Meeting

							 MINUTES OF JULY 15, 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 Carney                         ABSENT: William DeGraw
        Robert Gaydos                                  Anthony Kawalchuck
        Shane Ricks
        Frank Striano, Sr.
        Melvyn Tapper
        David O’ Halloran, Alternate

Pledge to the Flag.

NEW APPLICATION PRESENTATION
     LYLE ROEBUCK – Special Use Permit, Landscape Material for Resale

Chairperson Carney called Lyle and Wanda Roebuck in front of the Board to explain their proposed action. Mr.
Roebuck explained that the property is located on Route 209, the next property after Accord Bicycle Service,
traveling South on Route 209. Their intention is to stock large piles of Bark Mulch, Mason Sand, and other
landscaping materials for resale. At this point there will be random piles of materials approximately 25’ to 30’
apart. There will be small samples of the materials for sale in wheelbarrows for people to look at, and the
wheelbarrows will be secure. There will be one (1) temporary building at this time, until such time as the
property will be bought from current owner, Randy Hornbeck. There are some natural tree buffers and if this
business should be successful, they’d like to put some Pine Trees up to block views from neighboring
properties. They don’t want to spend an excessive amount of money at this point because it is only a seasonal
business operating from the end of March into early Fall. At some point in the future they would like to put a
retail store up that would sell gardening supplies. The two proposed 10’ x 40’ storage containers are not
permanent and are like steel truck bodies. The 12’ x 24’ building is a shed and is going to be purchased from the
Dutch Corner in Kerhonkson. The 80’ x 80’ storage area labeled on the map is a generalized area where general
materials will be stored, and won’t be a collection of anything that is an eyesore. Mr. Roebuck is planning to
have dump trucks to deliver materials to clients. Tractortrailers will be coming in every day or every other day
to deliver materials. They have been in touch with the NYSDOT and they have not submitted an application to
them for this action, however there was a pending approval for a previous owner where the driveway is
proposed now. He noted that DOT will allow 1 entrance and he can apply at a later time for a second one,
ultimately having an arc driveway.

Mr. Ricks commented that he doesn’t believe that DOT will allow 2 entrances.

Mr. Roebuck replied that he could still try, whether they approve it or not.

At some point, Mr. Roebuck believes Howard Osterhoudt had applied for a driveway permit. The mouth of the
driveway is going to be black top, and after that point it will be gravel. If in the future the business is successful,
they will consider black topping the driveway.

Mr. Gaydos explained to Mr. Roebuck that he will need a site plan that is drawn to scale. The map submitted for
this evening is not acceptable as is.
T/ Rochester Planning Board                                   -2-                         July 15, 2003
Minutes of Regular Meeting
NEW APPLICATION PRESENTATION
      LYLE ROEBUCK-cont’d:
Mr. Roebuck expressed his need to obtain Planning Board Approval as quickly as possible as he is losing
money due to the fact that this is a seasonal business, and because the Board only meets once a month.

Chairperson Carney explained to Mr. Roebuck that she understood his urgency, however this is the process of
obtaining a permit, and Mr. Roebuck only came to the Board last week, so the Planning Board is not holding
him up. She then questioned Mr. Roebuck if there were to be any employees on site.

Mr. Roebuck stated that to start, employees will be on site only as needed and there will be no well or septic
proposed at this time.

The Chairperson noted that Mr. & Mrs. Roebuck have mentioned several future improvements. She explained
that when a certain ‘use’ gets approved by the Planning Board, they approve what the Applicant is asking for on
that Application. Any future improvements or expansions (if a permanent structure is built, if full time
employees are hired, if they put in an office) are made to this proposed action, additional Planning Board
approvals will be necessary. She suggested that Mr. & Mrs. Roebuck keep this in mind when they submit their
revised site plan. She then went over the checklist and explained the requirements to be shown on the site plan.

Mr. O’Halloran noted that in some cases the requirement of topography on a site plan has been waved. The
Board agreed that if it is clear that the slope of the property is less than 5%, they will wave it, but the Board
really needs to see which way the water runs in respect to drainage and the neighboring properties.

Chairperson Carney explained that the Applicants should contact the NYSDOT as soon as possible and get that
process going immediately as their review process is often lengthy and in most cases is the reason Planning
Board approval is held up. Planning Board approval is contingent upon NYSDOT approval.

Mr. Roebuck noted that there is access to Hamilton Drive on this property, however it will not be used as
another form of ingress or egress. Route 209 will be the only source of ingress and egress.

The Board determined that 10 parking spaces should be shown on the site plan. The Applicants have the room
and therefore should apply for them, so in the future if they should expand they won’t have to apply to the
Planning Board again. The Board reiterated again that the business is hopefully going to grow, and if the
Applicants make any expansions or improvements to the operation they will need to come before the Planning
Board for additional approvals.

Mr. Roebuck stated that he and his wife were simply “trying to get their foot in the door” so they can keep
operating.

The Chairperson indicated to Mr. Roebuck that it is the same process whether they apply for the least parking
spaces or 10. She also reassured him that the Planning Board is here to help them to get through this process.

Mr. Roebuck then stated that he was trying to be a responsible, legitimate business owner, but what the
Planning Board is asking of him is to spend a lot of money that they don’t have right now. He would have to
hire an engineer to draw the plan because this is the best he can do. He believes it is a lot of nonsense to go
through just to stockpile material.

Chairperson Carney replied that Mr. Roebuck is not being singled out. Everybody who comes before the Board
for a Special Use Permit goes through the same process. The Board will tell Mr. Roebuck what they expect
T/ Rochester Planning Board                                 -3-                              July 15, 2003
Minutes of Regular Meeting
NEW APPLICATION PRESENTATION
        LYLE ROEBUCK-cont’d:
from him and if he decides he can’t go through this process, it is of his own decision. If he decides he can
follow the requirements of the Board, they will help him through it.

They continued the checklist and Mr. Roebuck informed the Board that he would have electricity for security
lighting and phone service.

After another criticism of the Town Offices from Mr. Roebuck, Mr. Gaydos suggested that to make things
easier on himself, Mr. Roebuck contact the current owner of the property. He most likely has a survey of the
property that is to scale and that way all that will need to be done is to place the improvements to scale on the
existing map. Mr. Gaydos explained that the Board wasn’t asking for engineered blueprints from the
Applicants.

Chairperson Carney added that this site plan will go in the file as the only permanent record for this action,
therefore it needs to be as detailed as possible. This is what the Code Enforcement Officer uses as a reference to
enforce this permit.

Mr. Gaydos then informed Mr. Roebuck that in all reality this action wouldn’t be approved, at the earliest, until
September. The next step is to set up a public hearing and they often don’t close until the Applicant receives
approval from the NYSDOT. Mulch season is really almost over. The Applicants should have applied in
January or February if they wanted to operate this season.

Mr. Ricks instructed the Applicants that the Board will most likely require screening between their property and
their residential neighbors. He suggested that they show the type and size of screening on the revised plan, as
this matter is also one that will need to be enforced.

Chairperson Carney explained to the Applicants that to be scheduled for Public Hearing, they would need to
submit the revised plan no later than August 4, 2003. At this time the Ulster County Planning Board would need
to be notified along with the Rochester Historical Society. There is a 30-day waiting period for responses from
these contacted agencies, however a Public Hearing could still be held pending their responses. Regarding
NYSDOT approval, show what the DOT requires on the plan or what was submitted to them, and the Board can
give a conditional approval pending their response.

Mr. Ricks made motion seconded by Mr. Gaydos for the Town of Rochester Planning Board to be designated
Lead Agency on this Application. No discussion. All in favor, including Alternate.

NEW APPLICATION PRESENTATION
       RNR HOUSING – subdivision, 18 lots
Applicant Michael Baum was present with representative Barry Medenbach to discuss proposed 18-lot
subdivision on Sahler Mill and Sundale Roads, Tax Map #60.4-1-1.2, in an ‘A’ district of the Zoning Map.

Mr. Medenbach explained that this property is +/- 78 acres situated right against the Town line with Olive.
Sundown Road is the name of the Road coming from Queens Highway and as it nears the Town of Olive, it
changes to Sahler Mill Road. Mr. Baum purchased this property last fall and has since sold a +/- 13.9 acre piece
to one of the neighbors, and he created two other lots under the Minor Subdivision Law. Lot 2 currently has a
house under construction and lot 3 has a sale pending. The lots under discussion for this subdivision are lots 4
through 21. Lots 4, 5, 6, & 7 have frontage on the existing Town Road. The intent here is to obtain Preliminary
Approval for lots 4 through 21 and obtain Final Approval for lots 4, 5, 6, & 7. In that interim the private road in
the subdivision would either be built or bonded before the Applicant came before the Board for approval on
T/ Rochester Planning Board                                   -4-                           July 15, 2003
Minutes of Regular Meeting
NEW APPLICATION PRESENTATION
RNR HOUSING-cont’d:
another phase. The amount of phases in this project is unknown at this time. The development of this property
will most likely take place over several years. A Road Profile has been designed for the proposed private road
and meets the Town of Rochester Subdivision standards. There are some steep slopes, but they have all been
taken into consideration. Preliminary test holes have been dug and there are mixed soils, so various lots will
have in-ground septic systems and others will have raised septic systems. Mr. Baum’s intentions are to sell
some homes to private owners and to build some himself. There are deed restrictions for these parcels that will
be enforced by the other owners. The Applicant will forward the specific deed restrictions to the Planning
Board. The last three lots in the subdivision will have a private driveway. The Town of Rochester Subdivision
Regulations allows up to 4 lots to share a driveway. The private road that is proposed for the other lots will have
a culde sac. The applicant will have to comply with the Storm Water Phase II requirements; soil sediment
control plan and water quality pollution prevention plan will need to be prepared before construction starts.

Mr. O’Halloran motioned for the Town of Rochester Planning Board to be Lead Agency, seconded by
Chairperson Carney. No discussion, all in favor.

Mr. O’Halloran motioned for Unlisted Action under SEQR, seconded by Mr. Gaydos. No discussion, all in
favor.

The Applicant explained that he is the President of RNR Housing.

Chairperson Carney scheduled the Application for Public Hearing for the August 19, 2003 Meeting.

Mr. Medenbach noted that they were going to begin on the individual septic designs and digging test holes over
the course of the next month, however the Ulster County Health Dept. doesn’t require it until they receive
Preliminary Approval. They would also be obtaining a Road Maintenance Agreement and forwarding the
Planning Board copies of the Deed Restrictions.

Mr. Striano questioned Mr. Medenbach about the deed restrictions. Will there be an association of the
neighbors?

Mr. Medenbach replied that it is not that formal. Because it is a subdivision, it becomes a restriction on all of
the deeds, each owner will have the right to enforce it because it effects all of the lots.

Mr. Striano and Mr. Ricks agreed that the Board should question the Town Attorney concerning Road
Maintenance Agreements. There needs to be a better way to get people to maintain the road. No one person is
going to want to be in charge of something that should be equal among the owners.

Mr. Medenbach confirmed that the road in this subdivision would be a private gravel road with a 10% grade.

Mr. Ricks expressed that the gravel and the grade of the road would probably cause areas of wash out.

Mr. Striano questioned what the difference would be between leaving it a private road versus bringing it up to
Town standards and having the Town take it over. What will wind up happening in the future is that all of the
property owners won’t agree on the maintenance of the road and they are going to look to the Town to take it
over anyway.

Mr. Medenbach responded that the way in which the road is being designed, all the owners will have to do is
have it paved if they wish for the Town of Rochester to take it over in the future.
T/ Rochester Planning Board                                -5-                           July 15, 2003
Minutes of Regular Meeting
NEW APPLICATION PRESENTATION
RNR HOUSING-cont’d:

Mr. O’Halloran then asked about the storm water drainage again. Where will it be located?

Mr. Medenbach noted that it will be an easement over one of the lots, and it will be part of the Road
Maintenance Agreement. The drainage easement will also restrict the landowner from doing anything to alter it.

Chairperson Carney noted that the Public Hearing would be scheduled for August 19, 2003.

Mr. Medenbach explained that he would be on vacation on this date, but his partner, Bill Eggers, would be able
to attend this meeting.

OTHER MATTERS
       STREAMSIDE ESTATES
Chairperson Carney informed the applicant that the Board has received an estimate for review and engineering
services from Brinnier & Larios regarding Streamside Estates. She noted that Mr. Baum has given the Planning
Board a check in the amount of $3,000.00 along with a promissory note to be responsible for the engineer’s
review up to the amount of $6,000.00. Mary Lou Christiana, Esq. had a concern as to what would happen if the
review were to exceed the $6,000.00. According to the Chairperson, this amount would be adequate to begin the
process and should that situation arise, it would be addressed at that time. She also noted that the Board would
be requesting that Mr. Larios or a firm representative come to the August Planning Board Meeting to answer
any questions or discussion.

Mr. Medenbach requested that the meeting be put off until September as he will not be able to attend due to the
fact that he will be on vacation.

At this time Mr. Gaydos motioned to adjourn the meeting, seconded by Mr. Striano, All in favor.

At 9:00 PM Chairperson Carney adjourned the meeting.

                                                           Respectfully submitted,

                                                           Rebecca Paddock
                                                           T/ Rochester Planning Board
                                                           Secretary