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BOARD_________________________________ by gabyion


									   _______________________________________PLANNING BOARD_________________________________
                                           TOWN OF ROCHESTER
                                                  ULSTER COUNTY
                                                 ACCORD, NEW YORK
                                                    (845) 626-2434

MINUTES OF July 27, 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 Vice Chairman, Shane Ricks.

PRESENT:       David O'Halloran, Alternate                    ABSENT: Nadine Carney, Chairperson
               Shane Ricks, Vice Chair                                Robert Gaydos
               Frank Striano, Sr.                                     William De Graw
               Melvyn Tapper
               Anthony Kawalchuck

Pledge to the Flag.

Vice Chairman, Shane Ricks noted that Chairperson Carney was absent from the meeting this evening due to
personal reasons so he would be filling in for her.

Because there was not a full Board at this meeting, Alternate Mr. O‟Halloran would be able to vote and make

YANKEE BARN DEVELOPMENT, INC, 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

Mr. Zelnick was present to discuss his application and explained that he has had the maps revised to reflect the
50‟ right-of-way over lot 3 and to show the owner of the 2 nd half strip of private road. He is currently working
with the NYS DOT regarding the access of Mohonk View Lane onto Route 209. He has drawings submitted to
them and has been in contact with his insurance company. He is about to submit to the NYS DOT for the 50‟
asphalt entry onto Route 209. The owner of lot 2 owns the other 25‟ strip of Mohonk View Lane and a Road
Maintenance Agreement has previously been filed. The road exists as a gravel driveway as laid out in 1991. It
will have to be improved.

The Board noted that there needed to be either a road bond or a completed road in order to issue Final Approval.

Mr. Zelnick noted that the road is existing, it has just been covered with grass for the last 10 years and the only
thing that he needs to bring up to date is the entrance. There is a totally separate road to the left that is
independent from this project that accesses two 10 acre parcels, they parallel to the property, but they are in the

Mr. Kawalchuck noted that there is another driveway just north of Mohonk View Lane. This will mean that
there will be three (3) driveways converging to the same place on to Route 209. He understood that it was
currently unused, however when that property sells that is the access it will use.
T/ Rochester Planning Board                         -2-                           July 27, 2004
Minutes of Regular Meeting

YANKEE BARN DEVELOPMENT, INC, C/O BRYAN ZELNICK (cont’d: Subdivision Approval for
                                                         boundary line adjustment

Mr. Zelnick also had a deeded right to use Bank Street in his Road Maintenance Agreement he was merely
giving prospective buyers another option for access.

The Board questioned what NYS DOT will think when all of these entrances are so close together.

Mr. Zelnick replied that this was the way it was originally mapped. He had no control over the lay out.

The Board understood that Mr. Zelnick‟s project stood on its own separately from the two other mentioned
driveways, but they were aware of the two other entrances and wondered what the NYS DOT‟s stance on this
would be.

Mr. Zelnick believed that there would only be two driveways in all.

Mr. O‟Halloran felt that the major issue now was to require completion of the road. 50% of the responsibility of
this road is not the Applicant‟s. Final Approval should be based on completion of the road up to Town
Standards and completion of the entrance to the NYS DOT standards.

Mr. O’Halloran motioned for Conditional Final Approval based on the following conditions:
      1. Road be brought up to Town Driveway Standards and certified by Wayne Kelder, Highway
      2. NYS DOT recommended entrance is completed prior to Final Approval
      3. Require a letter from Wayne Kelder, Highway Superintendent, confirming the road meeting
         the Town Standards.
      Seconded by Mr. Striano, all members present in favor.

Mr. O’Halloran motioned based on a letter confirming the completion of the road from Wayne Kelder,
Highway Superintendent and confirmation from the NYS DOT of the access, he would authorize the
Chairperson to sign the final map with out requiring the Applicant to come to an additional meeting.
Seconded by Mr. Striano, all members present in favor. No discussion.

The Board agreed to send a letter to the NYS DOT stating their concern with the three consecutive driveways
on the contiguous parcels coming out to Route 209.

TLB MANAGEMENT CORP, c/o LEONARD & TERRY BERNARDO- Site Plan Approval for 36,000 sf
                                                   roller rink, NYS Rote 209, Tax
                                                    Map #76.2-2-20.200, „B‟ District

Present for the meeting were Applicants, Len & Terry Bernardo, Barry Medenbach, PE, and Architect, Rob

Mr. Medenbach explained that this property was located on the north-west corner of Route 209 & Mettacahonts
Road. It was formerly the site of the Lime Light Camp and prior to that it was a hotel. The property that
T/ Rochester Planning Board       -3-                   July 27, 2004
Minutes of Regular Meeting
TLB MANAGEMENT CORP, c/o LEONARD & TERRY BERNARDO- Site Plan Approval for 36,000 sf
                                                   roller rink

surrounds it is owned by Hidden Forrest Estates Mobile Home Park. It is +/- 5 acres and there are currently
entrances that come off of Mettacahonts and Route 209, and they both are intended for use and substantial
improvements. They are waiting to hear from the NYS DOT about maybe having no left turns. The proposal is
for a building that would be 120‟ x 300‟ to house a roller rink and skateboarding park. Mr. Bernardo would
explain the details later in the meeting. There will be parking on the sides and the bulk of the parking will be in
the front. There are Stormwater retention areas on the east side of the site. The septic will be pumped up to the
back. There is a landscaping plan for the site.

Vice Chairman Ricks owned contiguous property to the project site, he recused himself noting that he had
nothing against the project, but to avoid any future conflicts he didn‟t feel it right to sit with the Board. Mr.
Tapper took his place as Chairman for the Public Hearing.

At 7:20 Mr. Ricks recused himself and Mr. Tapper called the Public Hearing to order as the acting Chairman.

Mr. Dupont, Architect for the project, explained that there are already numerous trees on the site and they are
augmenting that with additional trees in an attempt to make the site look as natural as possible and to also help
the stream of the building. They were aware that the building was rather long; the orientation of the site was a
result of septic tests and Storm Water requirements. They wanted to push the building as far away from R oute
209 as possible to reduce the visual impact and to keep the parking in front so it would be better for security and
easier for police to monitor the site. The building is tilted at an angle to give less of an impact and they want to
screen the front of the building with flowering Bradford Pear Trees. The remainder of the trees are primarily
existing, some locusts are being planted but there are some existing maples and some large mature willows on
the property. The reason for the size of the building is because of the roller skating floor which is 14,400 sf and
the skate park which is 9,600sf. The skate park will be set up for various tricks and stunts. The rest of the
building is basically support space. There are bathrooms, utility rooms, skate rental rooms, a business office,
and a covered entrance into the building. There is going to be a snack bar, an arcade area, and also rooms for
birthday parties and various other events. It is a pre-engineered steel building, with a 20‟ eve height and the roof
has a 1-12 pitch on the building. The colors are stock colors from the manufacturer. The roof is to be silver and
the siding is going to be a barn red. The trim color will be light beige.

Mr. Bernardo explained that TLB Management stands for Terry & Len Bernardo; it is not a large corporation.
The skate park is being designed by a company called Suburban Rails. Suburban Rails is known in the skate
board world as designers. In 2005 they are actually designing a skate board park for a reality show that is on
MTV. They will help support this facility with camps and instruction. Skate boarding can be considered as an
underground kid‟s thing to do. There are many ministries today that gear skate board parks toward the good part
of the sport and that is what is happening here. In an attempt to really keep it effective and good they are going
with really positive up beat music and music that is appropriate for this community. The second area which is
the largest area is the skating rink. Terry Bernardo has competed nationally for the Artistic Roller Skating
Association. They will be offering things like artistic skate lessons, speed skating, and family oriented type
events. In terms of speed skating there would be classes from small children to adults and there would be
competitions, roller hockey. . . . There is going to be a hobby shop. Another family activity would be racing
remote control cars. The arcade games aren‟t going to be violent, they are having a difficult time finding them,
but they will. The Bernardo‟s have been in the community for 5 years now and are trying to bring something
really positive. Birthday parties are going to be a huge concentration of the business.
T/Rochester Planning Board        -4-                   July 27, 2004
Minutes of Regular Meeting
TLB MANAGEMENT CORP, c/o LEONARD & TERRY BERNARDO- Site Plan Approval for 36,000 sf
                                                   roller rink

Mr. Tapper noted that the Referral from the County Planning Board had been received and some of the things
that they mentioned were: the landscaping islands at both ends of the parking rows, crosswalks with stop signs.

Mr. O‟Halloran questioned if the Applicant had any plans of making greater attempts to ruralize this large
structure with roof lines, cupolas, façade materials for the exterior. If the building is just steel, with red siding
and a tin roof it seems it would look more like a warehouse than a rural building. In their non-binding
comments the County pointed out similar types of structures in our community that have added things like
cupolas to enhance their ruralness. The Board would encourage the Applicant to further consider tactics to give
the building more of a rural characteristic. He also questioned if there was a glare issue with the silver color of
the roof?

Mr. Dupont noted that they are taking it one step at a time and this has been the building that they have selected.
The company only offers a certain number of roofs as far as the pitch is concerned. They did pick out the colors
with keeping in mind the desire for a rural building. That was also the reason for turning it at an angle, so it
wouldn‟t resemble a warehouse. They haven‟t really researched adding things like cupolas yet. The silver roof
was intentionally picked out because it‟s not shiny, it‟s sort of a dull aluminum color and the color is seen a lot
on Barns. A darker roof would make the building look larger and more obtrusive. The roof line is a pretty
shallow pitch as well. When trees are planted in a straight row, it minimizes the visual density of the building,
much like at the Hudson Valley Mall. The Bradford Pear trees are proposed to line the front of the building,
they flower in the spring and are quite attractive, and that is in pretty stark contrast to the natural larger
deciduous trees that already exist on the site. There will also be additional plantings of flower beds and
additional shrubbery once the site takes life.

Mr. Tapper opened the Hearing for public comment.

Resident, Julie Bowman, was in support of the project noting that she knows Mr. & Mrs. Bernardo as being
strong community people. She has seen the quality of their home and of Mrs. Bernardo’s Pilates studio. Mrs.
Bowman has two boys who are very excited about the rink. As a parent she is also excited to have something
active for the children to do in the winter months. Her boys have already talked about the possibilities of getting
part time jobs.

Contiguous property owner, Mark Gerstenhaber noted that he also has kids that are very excited about the
project. He questioned what consideration NYS DOT has given to the entry on Route 209 as to the one of
Mettacahonts Road. He is aware that this is a dangerous traffic area especially with the higher volume of traffic
during the summer. He was also concerned with the hours of operation, the aesthetics of the building and the
noise levels.

Mrs. Gerstenhaber noted that her family once owned the project site and was once very beautiful. Her
surrounding neighbors are awful, but she has great expectations for the Bernardo’s. She has a beautiful view
from her back yard; unfortunately she has three sides that are not.

Mr. Bernardo stated that the property would be kept up, it would be indicative of running a good business. If he
saw a business‟ property that wasn‟t properly kept, he probably wouldn‟t go in. The hours of operation would
be typical roller skating rink hours. Everything is going to be indoors. The only outdoor event that he could
possibly see would be perhaps some chamber music in the summer time in a gazebo on the corner. No rock
concerts. In terms of indoor noise, he has noticed that there is no place for young kids to play their music. . .
T/Rochester Planning Board        -5-                   July 27, 2004
Minutes of Regular Meeting
TLB MANAGEMENT CORP, c/o LEONARD & TERRY BERNARDO- Site Plan Approval for 36,000 sf
                                                   roller rink

maybe they will have a battle of the bands, but they are kids, so it wouldn‟t be going to 3 or 4 o‟clock in the

Mr. Gerstenhaber questioned if there was any sound insulation built into the structure of the building? And with
all of the retail space, would any of them be rented out?

Mr. Dupont noted that part of this steel building package is that it is very well insulated, it exceeds energy code
levels and is totally within the skin of the building and would totally keep all sound inside the building.

Mr. Bernardo believed that good neighbors are very important and time will tell how it will work out. There
would be a hobby shop that would possibly be rented out.

Mr. Leon Smith owns the property directly across Route 209. He wasn’t against the project; he was concerned
with the outside lighting. He has five rental units and the upstairs apartment would probably look down on the
rink because of the elevation. He wanted to make sure that the lights wouldn’t shine in the apartment. He also
wondered if there would be a liquor license. He was also concerned if the water had been checked into. He was
worried because he has residential units in that area.

Mr. O‟Halloran noted that down lighting is always required, and the Applicant has provided details of such for
this project.

Mr. Bernardo stated that there would never be a liquor license.

Mr. Tapper noted that the Board could make this a condition of approval. The ingress and egress that was
addressed in the County Referral was that access to and from Route 209 should be limited to right hand turns in
and out (only southbound traffic would be able to enter or exit directly on to Route 209). Any northbound traffic
either coming in or leaving would have to use the Mettacahonts access. He noted that the Board could consider
contacting NYS DOT in regards to a traffic light. Mr. Tapper then questioned how the soils were for septic
system conditions? He recalled when Hidden Forrest Estates was being approved that they needed a sewer
treatment facility because the soil conditions were very poor.

Mr. Medenbach noted that there would be a new well that would be put in, but this facility is not a water driven
type of business. There will be restrooms and some water fountains, but its not a very high use of water. It is
projected to use 800 gallons of water a day. The septic would be a fill type system, the soils in that area are
poor, and so they are going with this type of system. The project property was previously owned by the
operators of Hidden Forrest Estates and when the mobile home park was approved, this site was created as a
separate parcel being a sales site of mobile homes for the park. Once they filled up the park, they closed that
facility, but in order to have a bathroom in that facility, they had an agreement among themselves and with the
Health Dept. that the sewage could be pumped from the sales site to the mobile home park sewage treatment
facility. That was only for that specific use between the two parcels, there was nothing binding that ran with the
land. Mr. Medenbach tried to obtain that same right for this project, but the mobile home park said no, they
didn‟t want to be responsible.

Susan Matson has lived in the Town of Rochester for 33 years and has raised 3 sons in the Town. She is very
interested in positive youth development. When someone starts a business that will be related to youth activities,
T/Rochester Planning Board        -6-                   July 27, 2004
Minutes of Regular Meeting
TLB MANAGEMENT CORP, c/o LEONARD & TERRY BERNARDO- Site Plan Approval for 36,000 sf
                                                   roller rink

she is concerned with the person’s integrity that is starting the business. She doesn’t know Mr. & Mrs.
Bernardo very well, but everything that she has heard about them is that they are exactly the kind of people you
would want to start a business for kids. Years ago in the 1980’s the Town of Rochester had drawn up plans for
a Youth Center on that site, but there were budgeting problems so that never happened. She also was very glad
that this would be a good place for kids to get exercise and the skills that they learn here will be something they
will have for their whole lives. She questioned if there would be some employment opportunities for teenagers.
She was also very happy to see private business do something for the youth of the community.

Mr. Bernardo noted that they plan on doing a program called a „study and skate‟. It would run Monday through
Friday after school where they would like to hire older kids to participate as tutors for the younger children.
They would do their homework first, get help from older kids if they need it, and then they could skate. They
would like to work with the schools on this. None of the plans have a name on them for the building because
Rondout Valley High school has the WISE program and he would like to see if any seniors would like to
become a marketing mentor and one of the assignments would be to name the rink. They would have a contest
so the kids in the area can help name the rink. It would give the kids a way to learn about marketing and what it
takes to build a business from the ground up.

Mr. Leon Smith questioned if there was a sign and questioned where it would go on the site.

Mr. Medenbach displayed on the map where the signs would go. There would be one on the corner of Route
209 & Mettacahonts and one further south on Route 209 near the Route 209 entrance. They weren‟t very large

Mr. Gerstenhaber questioned how the NYS DOT would enforce the one way entrances? He didn’t believe just
by putting a double yellow line on the road it would be much of a deterrent.

Mr. Tapper felt that maybe signs would go up to better direct traffic; unfortunately the Planning Board doesn‟t
really have much authority to monitor those things.

Mr. O‟Halloran noted that the access was a recommendation of the Ulster County Planning Board. It is a
required modification, it would require this Board a majority plus one to over rule it.

Mr. Medenbach explained that there are going to be two entrances that will be situated where they currently
exist on Route 209 & Mettacahonts Road. What the County is recommending is that there are no left turns in or
out of the Route 209 entrance. They currently have an application into NYS DOT and he believes that they have
the final say. They will probably take the recommendation of the County. If that is the case they will design the
intersection with an island to help steer people in the right direction. It doesn‟t eliminate problems 100 %, but it
will discourage people to make the wrong turns.

Dave Bell suggested instead of having lighting on 24 hours a day, maybe for security purposes to have motion
detectors. It would seem that this would benefit the neighbors and the Applicant.

Shane Ricks spoke in favor of the project lending his support to the Bernardos. He noted that the entrance on
Mettacahonts Road has poor sight distance to the left over the hill.
T/Rochester Planning Board                      -7-                             July 27, 2004
Minutes of Regular Meeting
TLB MANAGEMENT CORP, c/o LEONARD & TERRY BERNARDO- Site Plan Approval for 36,000 sf
                                                                            roller rink
Mr. Medenbach noted that Wayne Kelder was out to the site and gave it his okay.

Mr. Ricks also noted that there is a problem with drainage coming off of that property, going down Route 209
past his property to the Rochester Reformed Church.

Mr. Medenbach noted that the Stormwater Management Plan will reduce discharge. He is also working
separately on a project for the Church which will also address this.

Resident Gordon Bell spoke in support of the Bernardos. There couldn’t be a better couple that is more
involved with the kids and the community. They run high class businesses.

Claire Warga added that the New York Times had rated roller skating as one of the best energy burners. It’s a
great form of exercise.

Jay Fienberg noted that the Bernardos have spent a lot of time and have really done their homework on this

Michael Baden noted that he had nothing against the project, he just urged the Board to look at the size of the
building and the impact it will have on the community. They may not own the business in 10 years, but the
building will still be there. He asked that the Board be very cautious in making their decisions.

Krista Barringer the Ulster County Youth Bureau Director noted that Mr. Bernardo had come to her
specifically to discuss this project. In regards to the site he intends to protect the youth and the families when
they use the facility. She had raised concerns to Mr. Bernardo about how youth can sometimes be
rambunctious; Mr. Bernardo showed how they have accounted for this with the lighting. He has done a
wonderful job thinking this project out.

Mr. Tapper read letter dated July 27, 2004 from Bruce and Beverly Schoonmaker lending their support, but
cautioning the Board of the high volume of the traffic and suggested a traffic light to ensure the safety.

At 8:20 PM, Mr. O’Halloran motioned to continue the Public Hearing based on some of the public
comments and as well as the county recommendations and required modifications, there may be
considerable site plan adjustments and façade or roofline adjustments which the public may want to
comment on. Seconded by Mr. Kawalchuck. All members present in favor. The Board noted that the
Public Hearing would be adjourned without date for a continuation. Mr. O’Halloran suggested having a
workshop or continued application review.

Mr. Medenbach noted that one of their bigger issues would be to settle up with the NYS DOT over the
access and get together with the Board over some of the issues that were raised and maybe do some
T/Rochester Planning Board                      -8-                         July 27, 2004
Minutes of Regular Meeting
LARAINE CALIRI- subdivision/ lot line adjustment, Kirby Lane Private Road off of Kyserike Road, High
                    Falls, Tax Map #77.2-2-9.111, R-1 District

Mr. Ricks joined the Board again.

Ms. Caliri was present along with neighboring property owner Mark Ferrari. Mr. Ferrari was going to buy
portions of Ms. Caliri‟s property and adjoin them to his. Mr. Ferrari submitted a map with hand drawn
directions of what they were trying to accomplish. Lot B would be joined with lot 2 to create lot 2B along with
a 50‟ strip of land that Mr. Ferrari wanted to obtain to act as a buffer between himself and Ms. Caliri. Lot A
would be joined with lot 1 to form lot 1A. Mr. Ferrari would also own the 50‟ strip of Private Road known as
Kirby Lane up to the point where his property ends. Ms. Caliri would have a right-of-way to utilize that 50‟
strip to get to her property which is beyond that of Mr. Ferrari and they would have a Road Maintenance
Agreement between the two of them.

Mr. Ricks noted that they would need to present the Board with an actual survey map showing these changes.

Because the Applicant didn’t foresee having more of a complete map, the Board decided to schedule a
Public Hearing for the September meeting if the maps are complete. They would need the maps in
September 9th. Mr. Striano motioned to schedule the Public Hearing as stated above, seconded by Mr.
Tapper. All members present and in favor.

Ms. Caliri questioned about another lot that she wanted to cut out of what will be her remaining lands noting
that she has Board of Health Approval for that lot.

Mr. Ricks stated that the Board needs to see everything on one map.

EUGENE KRUCHOWY- 15‟ Area Variance for addition, Polyana Lane off of Upper Granite
                   Road, Tax Map # 76.3-3-2.2, R-1 District

Mr. Kruchowy was present and explained his Application. He owns two adjoining parcels on Polyana Lane off
of Upper Granite Road. He would like to build a 20‟ x 24‟ addition because his family is expanding and the
only available space to build it is 25‟ from the property line which adjoins his adjacent parcel, therefore he
would not meet the required 40‟ setback and would require a 15‟ area variance. Both lots are about 1 acre, so a
lot line adjustment wouldn‟t be practical because they would both need to maintain 1 acre each. His intentions
are to never sell the vacant piece of property. He would like to keep it for his economic interests, meaning that
maybe one day he could build a starter house for one of his children. The way he landscaped the property, it
appears to be one parcel all together, so selling it really isn‟t feasible. He presented the Board with pictures
displaying the home and the vacant parcel.

Mr. Ricks believed that there could be a way to adjust the property line that would suit both lots and Mr.
Kruchowy wouldn‟t need an area variance.

Mr. Ricks motioned to recommend to the ZBA that Mr. Kruchowy achieve his request and meet the 40’
required side yard setback by having a lot line adjustment done. Mr. O’Halloran seconded the motion. 3
Members in favor, 2 opposed.
T/Rochester Planning Board                             -9-                            July 27, 2004
Minutes of Regular Meeting

RANDY HORNBECK-    subdivision approval for 2 lot subdivision, Old Kings Highway, Tax Map#
                   69.4-2-1.311, R-1 District

Mr. Hornbeck was present on behalf of his Application and explained that this piece of property is past the
Rondout Valley High school, bearing left on Old Kings Highway and the property is actually in both
Marbletown and Rochester. The proposed lot is +/- 15.230 acres and there is a delineated wetland that has been
previously flagged by the NYS DEC. This lot has an existing 50‟ right-of-way with a cul-de-sac at the end. It
also has an existing Road Maintenance Agreement on file with the Town for the first lot labeled “Now or
Formerly Borzumato”. This lot was split off about three years ago. The road also has power already available.
The remaining lands are +/- 62 acres. None of the property being affected is in Marbletown. There are no
existing structures on the parcel in question.

Mr. O‟Halloran noted that when Conditional Final Approval is considered, a condition would be to obtain
Health Dept. approval for this lot.

Mr. Hornbeck noted that the wetlands have previously been located and the permit is valid until November 14,
2004 with the original signature, so he wouldn‟t need to go back to the DEC to get signatures for his final maps
if he could obtain approvals prior to this date.

The Board decided to send a notice to Marbletown to make them aware of the Application as it borders the
Town line.

Mr. O’Halloran motioned to Type the Action as Unlisted under SEQRA. Mr. Kawalchuck seconded the
motion, all members present in favor.

Mr. O’Halloran motioned for the Town of Rochester Planning Board to be Lead Agency in regards to
this Application. Mr. Tapper seconded the motion, all members present in favor.

Mr. O’Halloran motioned to schedule the Application for Public Hearing on August 24, 2004. Agencies to
be contacted were the NYS DEC, Marbletown, Historic Preservation. Mr. Striano seconded the motion,
all members present in favor.

Because the 30 days for the involved agencies to respond would not be up by the time the Public Hearing
in held, the Board may be able to close the Public Hearing for public comments and accept written ones.

10P5C, c/o CRAIG PAULSON-               4 lot subdivision, Project 32 Road, Tax Map # 76.4-3-15.115,
                                        R-1 District
Mr. Paulson was present and explained that 10P5C is an LLC that stands for 10 parents 5 children. The current
lot is +/- 16 acres off of Project 32 Road. They would like to take this lot and split it into 4 individual parcels.

Mr. Ricks noted that there is a lot of work that would need to be done to these maps. The lots are shown to be
landlocked. Each lot would need 50‟ of right-of-way access. Another thing they should do is take the
Subdivision Regulations book and go to a surveyor and get a professional map done. The surveyor would go
through the guidelines and design a map accordingly. Any woods roads would have to be brought up to Town
specifications and subject to approval by the Highway Superintendent.
T/Rochester Planning Board                           -10-                          July 27, 2004
Minutes of Regular Meeting

WAYNE GREER- 2 lot subdivision, Mettacahonts Road, Tax Map #68.4-5-1, R-2 District

Mr. Greer was present and explained that he currently owns lot D. He just purchased lot C, which has a barn,
and a narrow strip of land that runs parallel with lot D and forms a flag lot which contains +/-19 acres all
together. At this time he would like to separate the barn and +/-1.5 acres to form lot C2 and leave the remaining
+/-17 acres to become lot C1. He would provide a right-of-way to lot C1 by using 50‟ of his existing parcel, lot

Mr. O‟Halloran noted that a Road Maintenance would be needed between lots D & C1.

Mr. O’Halloran motioned to Type the Action as Unlisted under SEQRA. Seconded by Mr. Kawalchuck,
all members present in favor. No discussion.

Mr. O’Halloran motioned for the Town of Rochester Planning Board to act as Lead Agency in regards to
this Application. Mr. Kawalchuck seconded the motion, all members present in favor. The Historical
Preservation Commission would be the only agency to be contacted.

Mr. Ricks motioned to schedule the Application for Public Hearing for August 24, 2004. Seconded by Mr.
O’Halloran. All members present in favor. The maps would need to be to the Planning Board by August
10, 2004.

KEVIN MAHONEY- 10 lot subdivision, Lower Whitfield Road, Tax Map #68.4-4-4, R-1 District

Mr. Mahoney was present and explained that he had purchased this property +/- 29 acres and has contracted
Medenbach & Eggers to lay this land out into 10 building lots ranging from 2-5 acres each. He came to this
meeting to meet the Board and see how the process would start.

Mr. O‟Halloran noted that with the size of this subdivision, the Applicant would need 2‟ interval topography; he
would need to meet with his engineer and discuss Storm Water Management as this Application would exceed
an acre of disturbance.

Mr. Mahoney noted that the property was actually six (6) fields that were cut by rocks and trees were planted to
separate the parcels. The lots are rather large, so he wanted to split it up a little more.

Mr. O‟Halloran suggested keeping the lots larger seeing how they were already naturally divided. He believed
the public prefers to see larger lots and there‟s a much larger demand for bigger subdivision parcels.

Mr. Mahoney was going to build nice houses that people around the area could afford. He wasn‟t interested in
building $600,000 homes. There are plenty of builders already doing that. He just put up a very nice modular on
Cedar Drive. He would like to have modular homes and custom homes in the proposed subdivision. Because
this property borders property of Wayne Kelder, he offered Mr. Kelder lots for buffers. Mr. Kelder declined the
offer as the price was too high for farming purposes.
T/Rochester Planning Board                          -11-                           July 27, 2004
Minutes of Regular Meeting


Mr. Ricks noted that Mr. O‟Halloran had done all of the research and interviewing for the Planner position and
had given a presentation to the Planning Board at the last meeting. Each member was supposed to review all of
the material compiled over the last few months by Mr. O‟Halloran and make their decision on who to
recommend as Planner to the Town Board.

Chairperson Carney submitted a letter stating her reasons for her choice of Chazen. The Secretary was also
contacted by Mr. Gaydos with his choice for Chazen. Mr. De Graw who was also absent from this meeting did
not convey his choice to the Board.

The members stated their choices for the Planner position.

Mr. Ricks-            Chazen
Mr. O'Halloran-       Chazen
Mr. Striano-          Chazen
Mr. Kawalchuck-       Chazen
Mr. Tapper-           Chazen
Mrs. Carney-          Chazen (absent)
Mr. Gaydos-           Chazen (absent)
Mr. De Graw-          ****** (absent)

Mr. O‟Halloran noted that he chose Chazen because of all of the resources readily available within their
company. The size of the scope of their service to municipalities and readiness to the Secretary, Attorney, Board
Members are also reasons for his choice.

Mr. Tapper agreed that the Board needed someone with all of Chazen‟s capabilities and experience to advise the
Board at this time.

Mr. O’Halloran motioned to recommend to the Town Board to hire Chazen Engineering and Land
Surveying as the Town Planner. Mr. Kawalchuck seconded the motion, all members present in favor. No

Mr. Ricks noted that he regretted that Mr. De Graw was not present at this meeting, but the Board needed to
discuss the conflict between Mr. De Graw and the Streamside Estates Application. He felt that if a Member is
contiguous to an application property and especially if that Member is totally against the project and negative,
they should sit aside and not participate in the review process. Mr. Ricks abstains from Applications even if he
isn‟t against them, but because he is contiguous to it. He felt the Board needed to motion for the Town Board to
review Mr. De Graw‟s actions on the Streamside Estates Application.

Mr. O‟Halloran agreed with Mr. Ricks. He does believe that a contiguous property owner can be objective in an
application, but it is vital that the Applicant is aware of it and the fellow Board Members are aware of the
situation. Even as late as the last meeting Mr. De Graw could have revealed his contiguous property ownership,
but instead he stated that he talked with Chairperson Carney and Mary Lou Christiana, Esq. at the beginning of
this Application review process. In Mr. O‟Halloran‟s conversations with Mrs. Carney and Mrs. Christiana, they
were also unaware and didn‟t recall any
T/Rochester Planning Board                            -12-                          July 27, 2004
Minutes of Regular Meeting

conversations with Mr. De Graw. This makes Mr. O‟Halloran concerned. At this point those that it was stated to
do not have the same recollection as Mr. De Graw. The Applicant was unaware of it and Mr. O‟Halloran
himself was unaware of it.

Mr. Striano and Mr. Ricks were also unaware of the situation.

Mr. O‟Halloran reviewed the minutes from the meetings where Mr. De Graw stated that he informed the
Chairperson and Town Attorney. Mr. De Graw was absent from the initial meeting. This puts the Board in a
difficult position with the Applicant with a Board Member who did not divulge this information. He felt that the
Planning Board should send this to the Town Board to see whether this merits review by the Ethics Board.

Mr. Tapper recalled somewhere along the line that Mr. De Graw revealed that he was a bounding property
owner. He wasn‟t sure if it was in front of the Town Board or if it was said to Mr. Tapper outside of a meeting.
It is not stated in the minutes. Despite the fact that Mr. Tapper recalls this, if Mr. De Graw stated this at the
preliminary stages, that was fine, but once this Application became very controversial subject and once Mr. De
Graw more or less became the opposition on the Board, then he should have recused himself. The standard is
usually if there is an appearance of an impropriety or the appearance that he may be biased to the Application.
He probably should have recused himself. He could have done everything that he did on the Board from the
audience. He didn‟t think this was to the level of an ethics problem because it wasn‟t a secretive thing. This is
all in the Town records, he is listed as a bounding property owner. He didn‟t believe this rose to the level of an
ethics problem, and he should recuse himself now. Mr. De Graw probably wasn‟t against the project because he
is a bounding property owner, he is probably against it for all of the reasons he states, but it does come off as a
bad appearance because he is a bounding property owner.

Mr. Kawalchuck was also unaware that Mr. De Graw was a bounding property owner.

Mr. Ricks thought that this was his Father‟s property; he didn‟t know Mr. De Graw owned it.

Mr. Kawalchuck noted that Mr. De Graw‟s review has been pretty severe and obvious.

Mr. Kawalchuck motioned for the Town Board to review this situation and whether it warranted ethical
review. Mr. Striano seconded the motion. 4 members in favor, 1 opposed. Mr. Tapper didn’t think it was
at the level for an ethics problem, if Mr. De Graw refused to recuse himself, then it would be a problem.

Mr. Tapper was uncomfortable with the wording of the motion and asked the Secretary to read it back.

Mr. Kawalchuck rescinded his motion, seconded by Mr. Striano. All members present in favor.

Mr. Kawalchuck motioned for the Town Board to review this situation and whether it warranted ethical
review. Mr. Striano seconded the motion. 4 members in favor, 1 opposed.

Mr. Kawalchuck motioned to adjourn the meeting, seconded by Mr. Tapper. All members present in favor. No
T/Rochester Planning Board                            -13-                          July 27, 2004
Minutes of Regular Meeting


Mr. Chindemi owned Leg Horn Acres which was an adjoining parcel to Mr. O‟Halloran‟s project, Water Falls
Estates. Mr. Chindemi noted that he has a right-of-way going from his property to the stream for a water pump
and it happens to go through 4 lots. Is this going to have any bearing on the right-of-way?

Mr. O‟Halloran recused himself from the Board at 9:45 PM as this Application was his. He then questioned if
this was an existing source of water for Mr. Chindemi?

Mr. Chindemi noted that it was not currently working, it was a back up incase the water failed to work on his

Mr. O‟Halloran‟s Attorney faxed him a documented showing that the right-of-way had been rescinded in 1970.

Mr. Chindemi was unfamiliar with this, but it stated in his deed that he had the right-of-way.

Mr. Ricks suggested that this was more of a civil matter than a Board matter. The two parties‟ attorneys should
be able to sort this out. And if it does have a bearing on the way the subdivision is laid out, to please have the
attorneys write the Board a letter.

Because there was no further business to be discussed, at 10:00 PM, Mr. Ricks adjourned the meeting.

                                                      Respectfully submitted,

                                                      Rebecca Paddock Stange

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