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Secretariat Way condominium association surrenders rights to 18 approved units; Planning Board records amendment
Summary
The Secretariat Condominium Association (owner-representative Derek Peters) asked the Planning Board to amend a 2003 PUD approval so 18 remaining approved units in Phase 1 are no longer vested; the board approved the amendment, noting the association no longer intends to build those units and citing water and operational constraints.
The Rochester Planning Board approved an amendment to the 2003 planned unit development (PUD) for Secretariat Way that removes the association’s vested right to build 18 remaining units in Phase 1, after representatives said the condominium association does not intend to develop those units.
Derek Peters, president of the Secretariat Condominium Association, told the board the association purchased the rights and has voted to stop further development: “We our board actually purchased the rights back in, in, 02/2019, and our board took a vote to never build on those additional 18 units.” Peters also said the association successfully appealed an assessing decision but that the settlement required the association to eliminate the right to build the 18 units in order to reduce an assessment. He said the association does not have municipal water and operates on well storage and that adding 18 units would be infeasible: “We have 5,000 gallons of water in 2 storage tanks. To add another 18 units would be almost impossible.”
Planning staff explained the legal background for the board: under state law, a project that reaches certain thresholds becomes vested, allowing the developer to build previously approved units without return to the board. The 2003 approval authorized more units; the association built 32 units and a foundation and slab work existed for additional units. The association asked the board to amend its 2003 approval so that Phase 1 remains limited to the existing 32 units, thereby removing the vested right to add the remaining 18. Planning staff said there were no outstanding infrastructure, drainage or traffic problems that would prevent the amendment and that staff recommended approval.
Board members asked clarifying questions about the foundation and the association’s intention; Peters said the slab remains but part of the floor was not poured and the association does not plan to fill it in. The board approved the amendment at the hearing after a motion and second; there was no public comment and planning staff recorded standard conditions of approval (monumentation and recordation requirements) as part of the file.
The board’s action removes the condominium association’s ability to build the 18 units without returning to the board; it does not affect other phases that were previously approved. Planning staff and the applicant indicated the change will be recorded and the tax assessor will update records in light of the agreement.
