PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF May 8th, 2017 Meeting of the Town of Rochester PLANNING BOARD, held at the Town of Rochester Community Center, Accord, NY.
Chairman Baden asked everyone to stand for the pledge to the Flag.
The Secretary did roll call attendance.
PRESENT: ABSENT:
Michael Baden, Chairman
Maren Lindstrom, Vice Chair
Lawrence DeWitt
Rick Jones (7:17pm)
Patrick Williams
Alonzo Grace
John Dawson
Also present:
Shaye Davis, Secretary. Mary Lou Christiana, Attorney for the Town
ANNOUNCEMENTS AND COMMUNICATIONS
Chairman Baden stated that the Secretary had heard back from the Peak Engineering and that they have made changes to the project and requested to schedule a gateway meeting with the County.
TRAININGS
Chairman Baden noted that there were no new trainings. There will be training by the New York Planning Federation in June or July.
ACTION ON MINUTES
Chairman Baden stated that the November 14th, 2016 minutes are tabled.
Mr. Williams motioned to accept the April 2017 minutes. Mr. DeWitt seconded.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
2017-04 LLI New Application
Lot Line Adjustment
Shirley Mathews and Oak Queens LLC, c/o Nelson DeGondea
Proposes transfer of ±0.3 acres from Oak Queens LLC to Mathews
762B and 810 Queens Hwy, SBL 68.1-2-6.117 and 68.2-1-75-100, R-2 zoning district
SEQRA: Type II by definition
Mr. DeGondea was not present. Mr. Eggers was present.
Chairman Baden stated that the benefit of the lot line adjustment was that the circular driveway would now be on the property of the owners that actually use it. He stated that both lots will meet the zoning requirements.
There were no further questions or comments.
Mr. Dawson motioned to accept the lot line adjustment. Ms. Lindstrom seconded the motion.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
2017-06 LLI New Application
Natural Subdivision
Andrea Anrather and Alison Smith, c/o Medenbach and Eggers
Proposes natural subdivision of a ±25.4-acre parcel bisected by a public road into 2 parcels of
±10.7 acres and ±14.7 acres.
Cherrytown Rd., SBL 67.0-2-11.111, AR-3 zoning district, located in Ulster County Ag District #3
SEQRA: Type II by definition
Bill Eggers was present on behalf of the application.
Mr. Eggers explained that the property was much larger at one point and that what remained were lands on both sides of the roads that are held together by 69 feet by road.
Chairman Baden told Mr. Eggers to add the statement to the maps about the natural subdivision. He also stated that the application was a Type II under SEQRA.
There were no further questions or comments.
Mr. Dawson motioned to accept the natural subdivision. Mr. DeWitt seconded.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
2017-04 SBD Continued Application and Public Hearing
2017-05 LLI
Minor Subdivision and Lot Improvement
Martin Tully
Proposes merging of 2 contiguous lots under same ownership to create a ±92.16-acre parcel.
Proposes 2 lot subdivision of the resulting parcel and an amendment to the filed Subdivision plat of
Quiet Mountain Estates, Section II. Access to the subdivided parcel will be by shared driveway.
Private road Stillerberg Strata, SBL 67.0-2-84.111, R-5 zoning district, located contiguous to NYS
owned land
SEQRA: Unlisted Action
Martin Tully was present on behalf of the application.
Chairman Baden explained that the applicant was removing a lot line and then subdividing a parcel off of the lot. It will have a shared driveway off of Stillerberg Strata which is a private road. He stated that the shared driveway will be utilized by lot 13, lot 15 and parcel A. He added that lot 13 does have road frontage on Stillerberg Strata but they would be using the shared driveway. Chairman Baden stated that all the lots meet zoning requirements for the R-5 district.
Mr. Tully noted that he had spoken with the adjoining lots to his property and answered all their questions.
Chairman Baden stated that on the shared driveway there would be a turnabout. He stated that because of the length of the driveway there was a proposed 20 foot wide, 50 foot long turn out for emergency vehicles. He stated that also the right of way is 100 feet wide even though the Town only requires 50 feet. He stated that the driveway itself is 12 feet wide. With a shared driveway under the subdivision standards it is supposed to be 18 feet wide. He stated that for less than 4 structures, single family dwellings can have a 12 foot wide shared driveway under the New York State fire code.
There were no further questions or comments.
The Board reviewed Part 2 of the SEQRA EAF form. All questions were determined to be no or small impact.
Mr. Dawson motioned to adopt a negative declaration under SEQRA. Ms. Lindstrom seconded the motion.
Motion carried. All in favor.
Chairman Baden – Yes Dawson – Yes
Williams – Yes Grace – Yes
DeWitt – Yes Jones – Abstain
Lindstrom – Yes
6 ayes, 0 nays, 0 absent, 1 abstention
Chairman Baden opened the meeting for public hearing.
There were no questions or comments from the public.
Mr. Dawson motioned to close the public hearing. Ms. Lindstrom seconded the motion.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
The Board reviewed draft findings and decision prepared by the Chairman.
Findings of the Planning Board
1. The Planning Board received zoning referral for a Minor Subdivision from the Code Enforcement Officer. Required documentation, as detailed in this decision, was provided for review and the application was considered complete.
2. The application proposes
a. Lot line adjustment removing parcel boundaries of the lot known as
S/B/L 67.-2-84.111
b. Merging the resulting land with lot known as S/B/L 67.-2-84.111
c. Subdivision of the proposed ±92.17-acre parcel resulting in 2 lots, ±81.09 acres and ±11.08 acres.
3. The current use of the parcel is residential and vacant land.
4. Existing site conditions include 1 single-family dwelling with private well and septic, and gravel driveway
5. Lot 13 is located in the subdivision known as Quiet Mountain Estates, Section II, filed May 13, 1987 in the Ulster County Clerk’s office.
6. Lot 13 further revised, filed June 21, 2002 in the Ulster County Clerk’s office.
7. The parcel is in the R-5 zoning district.
• The Board concludes Lot 13 and Lot A as proposed, meet or exceed the bulk standards requirements for the R-5 zoning district upon review of the preliminary plan.
8. The parcel borders land under the ownership of New York State. Notice of public hearing was conveyed.
9. The Board reviewed if the proposed lots have safe and legal access.
• A gravel shared driveway accessed by private road “Stillerberg Strada” is utilized by the existing single-family home and is further utilized by parcel identified as S/B/L 67.-2-66.20 via a 100-foot right-of-way. This lot is currently vacant land.
• The Planning Board determined the existing shared driveway serves 2 lots and 1 dwelling. The proposed subdivision would expand this to serve 3 lots and 1 dwelling.
• Town of Rochester subdivision code §125(22)(J)(1) allows the Planning Board to consider lots which do not have 50 ft. of road frontage on a public or private road which will utilize shared driveway.
• Town of Rochester subdivision code defines “shared driveway” as
A private vehicular access from a public or private road which serves a maximum of two lots (three including the lot it has access over) and is granted by right-of-way.
• The Planning Board further determined pursuant to Subdivision code §129(R)(2)
• Shared driveways shall be permitted provided the shared driveway shall be utilized by no more than a total of three single-family residential lots including the lot it has access over and meet the specific standards of §125-22.J hereof, and further provided that the Town of Rochester is given satisfactory evidence, in the form of deed covenants and a road maintenance agreement, that the private status of said road is permanent and that the following construction standards are met:
• Standards for Shared Driveways
Minimum Right-of-Way 50 feet, Minimum Pavement Width 16 feet, Minimum Shoulder Width 2 feet
• Pavement may consist of any all-weather surface satisfactory to the Town Engineer (if one shall be appointed) and Town Highway Superintendent. All drainage plans shall also be subject to approval of the Town Engineer (if one shall be appointed) and Town Highway Superintendent.
• Based on the code and the proposed shared driveway servicing 3 lots, the Planning Board the shared driveway would require to be upgraded to private road standards for this proposal. Private roads, as per subdivision code
• They shall meet town road specifications for Minor Streets except road surface may consist of any all-weather surface satisfactory to the Town Engineer (if one shall be appointed) and Town Highway Superintendent.
• They shall meet all provisions of the New York State Uniform Fire Prevention and Building Code and provide for safe access for emergency personnel. The Fire District Chief shall be referred the plans to make recommendations to the Planning Board.
• Minor Streets 3 feet-minimum shoulder width, 2 feet-minimum clearance beyond shoulder, 18 feet-minimum pavement width
NYS 2016 Fire Code addendum for standards for emergency vehicle access for detached single-family dwellings constructed under the NYS Residential Code allow 12’ minimum width for fire access roads which serve four or less single-family dwellings
• The Planning Board has no enforcement power over NYS Fire Code, however must review access of subdivision proposals under the standards of the code.
• Current condition of the shared driveway is in good condition and gravel surfaced.
• It is at least 12 ft. wide and contains suitable turnaround area for vehicles including fire trucks at the termination.
• The application proposes a 50’ x 20’ turnout area for emergency vehicles to be constructed within the first 500’ of the shared access.
The application meets or exceeds NYS 2016 Fire Code addendum for standards for emergency vehicle access for detached single-family dwellings constructed under the NYS Residential Code
• Mr. Tully verbally requested waiver from the requirement of code requiring shared driveways to meet Minor Street standards, specifically 18 ft minimum width. Such waiver was motioned to be granted by Mr. Williams/Mr. Jones and adopted by unanimous vote. The reasoning was to follow precedent to not require width exceeding NYS 2016 Fire Code addendum.
• The Planning Board will propose for decision a condition of approval requiring compliance with NYS Fire Code, as adopted 2016. This decision differs from the Town of Rochester road standards code, however follows precedent set with previous decisions of similar circumstances decided since the adoption of the code.
10. The Board reviewed if the proposed lots could support water and septic.
• Lot A carries with it an expectation of being able to support private well and septic based on the size of the lot.
• Lot 13 has existing well and septic
11. The application was determined to meet the requirements of an Unlisted SEQRA action.
• A Negative Declaration was determined upon review.
Mr. Tully asked the Board if he could have a waiver for the width of the driveway from Minor Road standards, provided the driveway meets NYS Fire Access code and to have it added to the findings.
Mr. Williams motioned to give the application a waiver for the width of the driveway provided the driveway meets NYS Fire Access code. Mr. Jones seconded.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
Draft findings were prepared by the Chairman and were read, discussed, and amended by the Planning Board in public meeting at the time of adoption.
Adopted May 8, 2017 by the following vote:
Ayes: 7 Nays: 0 Absent: 0
Motion to adopt findings by Mr. Dawson
Second by Ms. Lindstrom
* * * *
RESOLVED,
The Town of Rochester Planning Board has reviewed the preliminary plat dated 4/10/2017, revised dated 4/19/2017 and certifies the Lot Improvement proposed will meet Town of Rochester lot development standards for the R-5 zoning district as described in § 140-8 of the Town of Rochester zoning code and further represent an exempt lot improvement in accordance with § 125-18 of the Town of Rochester subdivision regulations.
Adopted May 8, 2017 by the following vote:
Ayes: 7 Nays: 0 Absent: 0
Motion to certify by Mr. Dawson
Second by Mr. Williams
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision-Conditional Final Approval to Martin Tully permitting the subdivision of lands situate at Stillerberg Strada, known as S/B/L
67.-2-84.111 and located in the R-5 zoning district, into 2 lots with the following conditions. The subdivision plan, as dated April 10, 2017 as revised April 19, 2017, is approved with conditions.
CONDITIONS of APPROVAL:
1. Applicant shall present a Final Plat for signature with these amendments.
a. The statement “This property may border a farm, as defined in Chapter 75 of the Town of Rochester Code. Residents should be aware that farmers have the right to undertake farm practices which may generate dust, odor, smoke, noise and vibrations and which may involve insecticides, herbicides, pesticides, etc.” shall be added.
b. A plan note shall be included to clearly state “The Planning Board approves the use of a shared driveway as shown on this plan to service no more than 4 single-family dwelling units. Should application be made for additional dwelling units in excess of 4, such approval shall be revoked and the shared driveway shall be made to conform to NYS Fire Code standards.”
A Road Maintenance Agreement shall be presented and approved by the Attorney for the Town.
The attorney for the town shall review and approve the road maintenance agreement. Any costs or fees associated with such review shall be the responsibility of the applicant.
The applicant’s engineer shall provide a letter or Ulster County Health Department certification shall be presented certifying lot A is capable of supporting water and septic
All fees due to the Town of Rochester involving this application shall be paid in full prior to the Chairman’s signature on the Final Plat.
Prior to a certificate of occupancy being issued for any dwellings on Lot A or Lot 15, the shared driveway
a. shall be constructed and maintained in compliance with NYS Fire Code and be of sufficient width, grade and location to accommodate access by all emergency vehicles and services to the lands which are the subject of the subdivision application.
b. shall provide a minimum unobstructed width of 12 feet and a minimum unobstructed height of 13 feet, 6 inches
c. The proposed 20’ x 50’ turnout shall be constructed to the dimensions and location as shown on the subdivision plat. A minimum total of 32’ in width shall be clear for the 50’ of length. As per NYS Fire Code, driveways in excess of 500 feet in length and less than 20 feet in width shall be provided with turnouts along the driveway that are a minimum 20 feet in width for a length of 50 feet in length.
d. shall comply with all provisions of §277 of NYS Town Law as presently existing or as amended in the future and shall be maintained in a good and passable condition under all weather conditions to provide access to all emergency vehicles.
All required Local, County, State, or Federal permits shall be secured for the current and/or future use of these lands.
The Town of Rochester Planning Board further grants Minor Subdivision-Final Approval permitting the subdivision of lands upon the satisfactory completion of conditions of approval 1-5. The Planning Board grants the authority to the Chairman to certify the conditions have been completed without further resolution and to sign and date the plat at such time.
EFFECT of APPROVAL:
1. This Conditional Final Approval shall expire 180 days from this approval date unless conditions 1-5 are satisfied by the applicant and the Final Plat is presented and signed by the Chairman. This period may be extended for additional 90 day periods upon application to and resolution by the T/ Rochester Planning Board.
2. The owner shall file in the office of the Ulster County Clerk such approved plat bearing the Chairman’s signature and the road maintenance agreement within 62 days from the date of signature or such approval shall be deemed to expire without further notice in accordance with NYS Town Law §276.
3. The owner shall have the responsibility to return four (4) Ulster County Clerk certified copies of the filed plat, the road maintenance agreement and any other related filings to the T/ Rochester Planning Board within 30 days of such filing.
Draft resolution was prepared by the Chairman and was read, discussed, and amended by the Planning Board in public meeting at the time of adoption.
Adopted May 8, 2017, by the following vote:
Ayes: 7 Nays: 0 Absent: 0
Motion to adopt resolution by Ms. Lindstrom
Second by Mr. Grace
2017-01 SPA Continued Application
Site Plan – Kennel
Project Cat
Richard and Linda Rydant (owner) and Gail Mihocko (applicant)
Proposes a private, 501c3 non-profit cat shelter in an existing 2 family residential structure
2586 Lucas Tpke., SBL 69.4-2-7.2, AR-3 and AP Overlay zoning districts, located in Ulster County
Agricultural District #3, located contiguous to property listed on the National Register of Historic
Places, contiguous to the T/ of Marbletown,
SEQRA: TBD, Type I proposed
Linda Rydant, the owner of the property and Gail Mihocko, the applicant were present on behalf of the application.
Chairman Baden stated because the property is contiguous to the national register property the application must be classified as a Type 1 SEQRA action.
Ms. Lindstrom motioned to classify the application as a Type 1 action under SEQRA. Mr. DeWitt seconded the motion.
Motion carried. All in favor
Chairman Baden – Yes Dawson – Yes
Williams – Yes Grace – Yes
DeWitt – Yes Jones – Yes
Lindstrom – Yes
7 ayes, 0 nays, 0 absent, 0 abstentions
Chairman Baden stated that there are no other agencies that issue permits so the Town of Rochester Planning Board is the only agency candidate for Lead Agency.
The Board discussed the interested agencies. They came to the conclusion of the Ulster County Planning Board, the Town of Rochester Historic Preservation, State Historic Preservation, New York State Agriculture and Markets could offer comments.
Chairman Baden went over the process for the application for the Board and the applicant.
Ms. Mihocko stated that there would not be any additional lighting.
Mr. Grace asked if the original house and garage went through the same scrutiny with it being in a historic area or does it predate.
Chairman Baden stated that because it was just a building permit it wouldn’t have gone through SEQRA. He stated that it would have to now because it is being used for a different use as a kennel so that made it go through the scrutiny.
Chairman Baden stated that the property is in the AP overlay district which is the aquafer protection overlay, in that the Board does further review of any use that would potentially have a hazardous discharge into the ground or great water draws. He stated that the applicant was not showing anything much different than a residential use for water draws. He asked the applicant how they dealt with the animal waste.
Ms. Mihocko stated that the animal waste is brought to the dump in garbage bags and not being piled up outside or anything like that.
Mr. Jones asked what the capacity of the kennel was for cats.
Ms. Mihocko stated that the most is 25 cats.
Ms. Lindstrom asked if the property was prime farmland.
Chairman Baden stated that no, it was not, the property was used as a residential use.
Mr. Jones motioned to refer the application for comment to the Ulster County Planning Board, the Town of Rochester Historic Preservation, State Historic Preservation, New York State Agricultural and Markets. Mr. Williams seconded the motion.
Motion carried. All in favor
Chairman Baden – Yes Dawson – Yes
Williams – Yes Grace – Yes
DeWitt – Yes Jones – Yes
Lindstrom – Yes
7 ayes, 0 nays, 0 absent, 0 abstentions
Ms. Lindstrom motioned to refer the application to the Ulster County Planning Board for review. Mr. DeWitt seconded the motion.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
Mr. DeWitt motioned to hold a public hearing on June 12th, 2017 for the application. Ms. Lindstrom seconded the motion.
Motion carried. All in favor
Chairman Baden – Yes DAwson – Yes
Williams – Yes Grace – Yes
DeWitt – Yes Jones – Yes
Lindstrom – Yes
7 ayes, 0 nays, 0 absent, 0 abstentions
OTHER MATTERS:
Chairman Baden stated that he had made checklists for the Board to go over and that once they are approved they would include the checklists in the applications.
The Board discussed the checklists and agreed to come to the next month’s meeting with any alterations.
Mr. Williams motioned to adjourn the meeting at 8:28PM. Mr. Dawson seconded.
Motion carried. All in favor.
7 ayes, 0 nays, 0 absent, 0 abstentions
Respectfully Submitted,
Shaye Davis, Secretary