Planning Board Minutes July 2017

PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434

MINUTES OF July 10th, 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 Lawrence DeWitt
Maren Lindstrom, Vice Chair
Rick Jones
Patrick Williams
John Dawson
Alonzo Grace

Also present:
Shaye Davis, Secretary. Mary Lou Christiana, Attorney for the Town

ANNOUNCEMENTS AND COMMUNICATIONS
Chairman Baden had nothing to report.

TRAININGS
Chairman Baden stated that the Association of Towns and NY Planning Federation are having the summer schools. He noted that he did not know the times of the trainings but he knows they’re Monday, August 7th in Poughkeepsie and Thursday, August 10th in Albany.

ACTION ON MINUTES
June 12, 2017 regular meetings minutes were tabled.
June 30, 2017 special meeting

Mr. Dawson motioned to adopt the June 30th minutes from the special meeting. Ms. Lindstrom seconded.
Motion carried. All in favor
6 ayes, 0 nays, 1 absent, 0 abstentions

2017-07 LLI New Application
Lot Improvement – Lot Line Adjustment
Claudia and Michael Brown
Proposes lot line adjustment merging 2 contiguous parcels into one
824 and 856 Samsonville Rd., SBL 60.3-3-48.52 and 60.3-3-48.51, R-2 zoning district

Claudia and Michael Brown were not present on behalf of the application.

The Board looked over the maps and there were no questions or comments.

Mr. Grace motioned to accept the lot line adjustment. Ms. Lindstrom seconded.
Motion carried. All in favor
6 ayes, 0 nays, 1 absent, 0 abstentions

2017-01 SUP Continued Application
Special Use Permit – Multiple Permitted Uses – Kennel/Residential
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: Type I

Gail Mihocko was present on behalf of the application.

Chairman Baden stated that at the June Planning Board meeting the Board closed the verbal part of the public hearing and kept the written part open until June 23rd 2017. Overall the Board received over 250 written comments for the application. Chairman Baden stated that since the last meeting Mr. Jones, Ms. Lindstrom and himself were able to go to the facility and view it.

Mr. Jones stated that the cats seemed to be living in pretty good condition for cats that are up for adoption. The place was clean, not over crowded. He stated that he was not a cat person but he thinks it seemed well run and to the specific issue of meeting the zoning code and the permit for special use it met all requirements. He noted that there was no one living in the garage besides the cats. He stated that he was impressed with the state of the interior of the shelter.

Ms. Lindstrom agreed with what Mr. Jones stated. She stated that there was plenty of parking, no physical signs or any issues and that everything looks clean and well run. She stated that it was a wonderful space for the cats and that it meets all the codes that the Board needs it to adhere to.

Chairman Baden stated that the Board requested that Gail provide the Board with information in terms with the number of cats she would house at a time. Her response was 30 cats/kittens at any one time. Normally they would only have between 20-25 cats/kittens. She went on to explain the cage spaces they have and the other housing rooms along with the process of bringing new cats into the facility.

Mr. Jones wrote a letter and read it to the Board.

There were no further comments.

The Board reviewed draft findings and decision prepared by the Chairman.

Findings of the Planning Board
1. The Planning Board has received zoning referral for Special Use Permit for Multiple Permitted Uses from the Code Enforcement Officer and an application, EAF, Site Plan, and related documentation from the applicant.
2. The application originally was referred for Site Plan review for a Kennel. The referral was amended by the CEO during review.
3. The parcel to be developed is known as SBL 69.4-2-7.2
4. The parcel existing use is for residential use. The cat shelter is already established and was discovered to be operating without proper approvals. The CEO informed applicant and owners’ approval was required. Applicant began this application process.
5. The application proposes utilization of a garage adjacent to a residential dwelling for the use as a non-profit cat shelter (kennel).
6. The uses are permitted uses in the AR-3 zoning district. The combining of more than one permitted use on a single parcel is allowed subsequent to securing a Special Use Permit.
7. The applicant states
a. Project Cat is a private, non-profit cat shelter and animal welfare organization founded in 2002.
b. There is one employee and a few volunteers who assist at the shelter 3-4 days per week. On any given day, there are only 1-2 people at the facility.
c. The shelter is not open to the public regular hours. Visitors are by appointment only.
d. There are 6 parking spaces available for the combined residential and kennel use.
e. There will be no new signs.
f. There will be no new lighting.
g. Medical waste is disposed of as required by law.
h. Cats which require euthanizing are disposed of via professional crematory services.
Existing improvements on the parcel include: Single family residential dwelling structure, Garage, 2 Sheds, Well, Septic, Electric service, and Driveway
The site plan proposal shows use of the garage as the cat shelter kennel. There are no external changes proposed to the structure.
The parcel is located in the AR-3 zoning district pursuant to the Town of Rochester zoning code. Review of the schedule of district regulations indicates each use proposed requires 3 acres lot area per use. The use proposed plus the existing residential use required a minimum of 6 acres. The application has demonstrated it will meet or exceed all the development standards for the zoning district
The parcel is additionally located in the AP Overlay zoning district. The Planning Board finds the water usage for the kennel will be minimal and comparable to the existing residential use, based on the applicant’s information provided.
The applicant has further provided information and statement regarding the requirements of best practices, licensing, and permits for storage and disposal of animal waste, medical waste, and the drugs to be used in the operation of the kennel. The Planning Board accepts this information and statement as proof the aquifer will not be impacted by the operation of the kennel.
The Planning Board finds lighting, signage, and landscaping details are not required as no change is proposed from existing with this application.
The Ulster County Dept. of Health was requested to review the wastewater from the cat shelter. The system for the garage was determined to require connection to the existing wastewater system. The work was completed and approval was granted by James Rodden, UCDH, with notation made the garage may not be utilized as a residential living space.
The parcel is located within Ulster County Ag District #3. An Agricultural Data Statement was prepared and presented. NYS Dept. of Agriculture and Markets was informed of the application and returned comment indicating no objections to the Special Use permit, however noting the operation of a kennel is not considered an agricultural enterprise.
The parcel has road frontage on Lucas Tpke, an Ulster County Dept. of Public Works maintained highway. Ulster County DPW was informed of the application and offered no return comments. The Planning Board has determined the kennel use will add minimal vehicle trips to the parcel. No change to the driveway or access will be required.
The parcel is contiguous to the Rest Plaus Historic District, an area listed on the National Register of Historic Places. NY State Historic Preservation Office and T/ of Rochester Historic Preservation Commission were informed of the application. No return comments were received from NY SHPO. The Town HPC expressed no historic concerns. The Planning Board finds the kennel use will cause little change in traffic from the existing residential use and no changes in the exterior of the garage. Therefore, the proposal is determined to have no impact on the Historic District.
The application was required to be referred to the Ulster County Planning Board which returned advisory comments as to setting a maximum number of cats and regarding SPCA review of the site. The Planning Board notes it has no enforcement power or legal authority to require either comment.
On June 27, 2017 Planning Board Chair Baden, Vice-Chair Lindstrom, and member Mr. Jones visited the site and shelter operation. They reported back to the Board the shelter appears to be operating in a healthy, safe, secure manner.
The Planning Board requested information from the applicant who voluntarily states
. Shelter will be limited to housing 30 cats and/or kittens at any one time. While it is expected to rarely have this many it may be necessary on a short-term basis if they take in many kittens during the height of breeding season or are involved in an emergency surrender of a large number of cats and/or kittens. They usually will have between 20 and 25 cats at any one time.
a. The shelter is 771 sq ft and the free-roaming part of the shelter (minus the cages) is 683 sq ft divided between 3 rooms one of which is an incoming and quarantine room. Thirty cats roaming freely would allot 22.7 sq ft of space per cat, above the recommended 18 sq ft of space per the ASA. Twenty-five cats roaming freely would allot each cat 27.3 sq ft. This does not include the many vertical spaces available via shelves and climbing trees.
b. They have cage spaces for 15 cats with each cage being at least 6.25 sq ft (30”x 30”) with additional vertical shelf space to as large as 10 sq ft (48”x 30”) with additional vertical shelf space. Cats are housed in cages until they complete their quarantine period and then are introduced into the free-roaming part of the shelter. The cage sizes are above the minimum 5.8 sq ft recommended by the Association of Shelter Veterinarians published in the Guidelines for Standards of Care in Animal Shelters, 2010.
The parcel is contiguous to the Town of Marbletown. The Town of Marbletown Town Clerk was notified of the public hearing.
The application was determined to be a Type 1 SEQRA use. The Planning Board declared themselves Lead Agency as the only permitting agency. Interested agencies were offered the opportunity to comment. A Negative Declaration was determined upon review by the Planning Board.
A significant number of written public comment was received, both in favor and against granting the special use permit. Most of the letters addressed comments regarding the policy and philosophy of the treatment and collection of feral cats, rather than the specifics of the site plan.
The Planning notes there is no local or state legislation which addresses licensing and/or shelter of cats. There are laws specific to treatment of animals, cruelty of animals, abandonment of animals, seizure of animals, humane destruction of animals, storage and disposition of drugs and medical waste. The Planning Board has no jurisdiction over these matters. The Board also notes and would urge any persons who think a violation of law exists, currently or in future, to notify the proper enforcement authorities of these concerns.
There is a wide disparity of opinion as to the benefits and negatives of the “TNR” method, or Trap-Neuter-Release, versus euthanasia. The Board finds this is discussion of legislative policy and law and not germane to this Special Use review. The Planning Board has no authority over a legislative discussion. The Planning Board is, by law, a review Board and does not create or set public policy or law. It reviews specific applications against criteria created by adopted laws.
The Planning Board notes this discussion advanced itself to the New York State Assembly and Senate with proposed legislation in 2015, however, that legislation failed to become law when it was vetoed by the Governor citing New York Consolidated Laws, Agriculture and Markets Law – AGM § 374. Humane destruction or other disposition of animals lost, strayed, homeless, abandoned or improperly confined or kept., which prevents dog and cat shelters from releasing an animal other than by adoption or to an owner claiming it. The Planning Board would urge those who expressed opinions during this review, both pro and con, to direct those opinions to the appropriate legislative body.

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 July 10, 2017
Ayes: 6 Nays: Absent: 1

Motion to adopt findings by Mr. Dawson
Second by Mr. Grace
* * * *
RESOLVED,

The Town of Rochester Planning Board
Grants Special Use-Conditional Approval to Richard and Lynda Rydant permitting Multiple Permitted Uses; specifically, residential use and operation of a kennel,
for the lands situate at 2586 Lucas Tpke, known as SBL 69.4-2-7.2, and located in the AR-3 and AP Overlay zoning districts.

The Site Plan received 3/27/2017, as revised 5/1/2017, is approved with the following conditions.

Conditions of Approval:
1. All fees due to the Town of Rochester involving this application shall be paid in full prior to the Chairman’s signature on the Site Plan.
2. Prior to issuance of certificates of compliance and occupancy and commencing residency, the following specific permits shall be secured. All conditions imposed in the granting of these permits shall be made a part of this Special Use approval. Should any conditions imposed by these other agency permits cause conditions to be in conflict, the more restrictive condition shall prevail. Should any permit approvals necessitate a change to the approved Site Plan, the matter shall be referred to the Planning Board for consideration.
a. All applicable provisions of New York State Uniform Fire Prevention and Building Code associated with the use, fire access, and/or structure shall be met. The facility shall be inspected and certified for compliance by the Code Enforcement Officer.
b. Ulster County Health Dept. approval shall be secured for water and septic use.
The garage may not be used as a residential living space without further approval from the Ulster County Dept. of Health and the Town of Rochester Code Enforcement Officer.
Sound, including any sound or noise producing elements shall comply with Town of Rochester zoning code §140-20 (F) at all times, excepting any sound which may be generated by the normal and customary residential use of the property.
All Local, County, State, and Federal Laws or Codes shall be complied with and all required Local, County, State, or Federal permits shall be secured for the current or future use of these lands.
All activities involving the storage, transfer or disposal of animal waste materials, medical waste materials, or drugs shall be as directed by law and all requirements of licenses and/or permits shall be secured.
All activities involving the possible contamination of surface or ground water shall be provided with adequate safety devices to prevent such contamination.
Parking areas shall be installed as shown on the Site Plan and be made to meet Town of Rochester code. Designated parking spaces shall be kept in safe and accessible condition, free from any obstructions.
There shall be no changes in signage allowed from existing site conditions, except that which may be determined by the Code Enforcement office to not require Planning Board review and approval. Should changes be sought at a future time, the code standards at the time of application shall be applicable.
There shall be no changes in outdoor lighting allowed from existing site conditions, except that which may be determined by the Code Enforcement office to not require Planning Board review and approval. Should changes be sought at a future time, the code standards at the time of application shall be applicable.
There shall be no additional landscaping required, however the applicant shall maintain, and replace if diseased or damaged, the existing vegetation screening.
Any deviation from or amending of the approved and signed Site Plan shall require resubmission to the Planning Board, except as may be permitted as determined by the Code Enforcement Officer.

Effect of Approval:
1. This Special Use approval and associated conditions shall be binding upon the applicant and all successive owners and/or lessees of the land so long as such use shall occur.
2. This approval shall remain effective as an authorization to secure the required permits and establish the use for a maximum of one year from this date of approval unless the applicant shall have submitted written request and the Planning Board shall have adopted such resolution granting an extension and provided the applicant has submitted proof of having diligently pursued the implementation of the plans.

The Town of Rochester Planning Board further grants the authority to the Chairman to certify condition 1 and 2 have been completed without further resolution and to sign and date the plat at such time.

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 July 10, 2017, by the following vote:
Ayes: 6 Nays: Absent: 1
Motion made by Mr. Dawson
Second by Mr. Jones

Ms. Mihocko spoke on behalf of her application.

2017-05 SBD Continued Application, Public Hearing
Minor Subdivision
Hudson Valley Contemporary Homes LLC c/o Marica McKeel
Proposes 3 lot subdivision of a ±13.9-acre parcel
Hill Rd., SBL 60.3-3-33.100, R-2 zoning district, contains land located in ACOE wetland PF04/1E
SEQRA: TBD

Mr. Medenbach was present on behalf of the application.

Mr. Medenbach stated that they had done some test holes on the property.

The Board had no questions or comments.

The Board reviewed Part 2 of the SEQRA EAF form. All questions were determined to be no or small impact.

Mr. Williams motioned to adopt a negative declaration under SEQRA. Mr. Grace seconded the motion.
Motion carried. All in favor.
Chairman Baden – Yes Dawson – Yes
Williams – Yes Grace – Yes
DeWitt – Absent Jones – Yes
Lindstrom – Yes
6 ayes, 0 nays, 1 absent, 0 abstention

The Board discussed the septic locations and how it would affect the surrounding properties.

Chairman Baden opened the meeting for public hearing.

Ken Martin was concerned about the new septic and well that would be on the property and how it would affect his.

Mr. Medenbach stated that he would look into seeing if it would affect the neighbor’s property at all.

Mrs. Zaras stated that they have 10 acres next to the property and that all of their 10 acres were wetlands. She had concerns about the wells running dry on her property and the potential of the grey water running into the wetlands. She also stated that the road narrows at the one end and that she would like for the trucks and construction vehicles to come in from the part of the road where it was not narrow. She also had questions about the type of building was going to be there and how it would look.

Mr. Medenbach explained how the well location and size is determined by the size of the lot.

Mr. Dawson motioned to close the public hearing. Ms. Lindstrom seconded the motion.
Motion carried. All in favor
6 ayes, 0 nays, 1 absent, 0 abstentions

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 subdivision of a ±13.9-acre parcel resulting in 3 lots, ± 4.65 acres, ±4.72 acres, and ±4.76 acres.
3. The current use of the parcel is vacant land.
4. The parcel is currently undeveloped.
5. New construction is proposed of three single-family dwellings with individual, private well and septic and individual driveways on proposed Lot 1, Lot 2, and Lot 3.
6. The parcel is in the R-2 zoning district. Residential use is a permitted use in the R-2 zoning district. The Board concludes Lots 1, 2, and 3, as proposed, meet or exceed the bulk standards requirements for residential use for the R-2 zoning district upon review of the preliminary subdivision plan.
7. ± 0.8 acres of Army Corps of Engineers (ACOE) wetland identified on mapping as PF04/1E exists on the SE side of Lot 2 and Lot 3. Review of the survey plat indicates the wetland area is located on the downward side of the properties at approximately 820 to 830 feet elevation. This is the lowest elevation of the property. The flow of the wetland is expected to be away from the proposed development. The nearest disturbance potential for the wetland is located approximately 400 feet from the wetland with the proposed house location on Lot 3. The Planning Board will require the applicant to adhere to any and all regulations and/or permits required concerning ACOE wetlands.
8. The Board reviewed the preliminary subdivision plat for design and environmental concerns and concludes the proposed parcel boundaries follow existing stone walls. The parcel is naturally level in the front area along the roadway, sloping somewhat steeply downhill at the midpoint, and then levelling to a gradual slope away from the roadway. The applicant has indicated proposed house sites near the road in logical placement.
9. The parcel is somewhat naturally cleared with larger, old-growth trees in the North side of the parcel near Hill Rd. and the East side of the parcel near the ACOE wetlands. The applicant will be encouraged to preserve as much tree growth as is possible.
10. The Board reviewed if the proposed lots will have safe and legal access. The property fronts Hill Rd., a Town of Rochester maintained public roadway, and has considerable site distance at this location.
11. A proposed driveway location is shown on the plan for proposed Lot 1, 2, and 3. The applicant will be required to receive a Town of Rochester Driveway Permit based on the proposed location. The Planning Board will require this permit as proof of safe and legal access.
12. The Board concludes access to utilities is easily achieved due to the location of the parcel on a public road.
13. The Board reviewed if the proposed lots could support water and septic. The applicant’s representative Medenbach & Eggers has indicated proposed individual well and septic for each lot. The Planning Board believes, based on the lot size, soil type, and preliminary plat information, that Lot 1, 2, and 3 should be able to support well and septic. UC Dept. of Health or a licensed engineer’s certification will be required prior to final approval.
14. The application was determined to meet the requirements of an Unlisted SEQRA action. A Negative Declaration was determined upon review.

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 July 10, 2017 by the following vote:
Ayes: 6 Nays: 0 Absent: 1

Motion to adopt findings by Ms. Lindstrom
Second by Mr. Jones
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision-Conditional Final Approval to Hudson Valley Contemporary Homes LLC permitting the subdivision of lands situate at Hill Rd., known as S/B/L 60.3-3-33.100 and located in the R-2 zoning district, into 3 lots with the following conditions. The subdivision plan, as dated May 23, 2017, as revised June 26, 2017 is approved with conditions.

CONDITIONS of APPROVAL:
1. Applicant shall present a Final Plat for signature as amended by these conditions
2. The Final Plat shall be amended to include these statements
a. “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.”
b. “This parcel has been identified as potentially containing land identified on the National Wetlands Inventory. Owners shall be noticed a permit may be required prior to any disturbance, construction, or other alteration in the designated area.”
The Final Plat shall indicate the owners and property boundaries of all contiguous parcels, including those located across Hill Rd.
The applicant’s engineer shall provide a letter or Ulster County Health Department certification shall be presented certifying lots 1, 2, and 3 can support water and septic.
An application and preliminary approval shall be secured for a Town of Rochester driveway permit from the Town of Rochester Highway Superintendent. A copy shall be provided to the Planning Board.
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.
All required Local, County, State, or Federal permits shall be secured for the current and/or future use of these lands.
. Specifically, a Town of Rochester building permit shall be secured prior to construction of the proposed dwelling on Lots 1, 2, and 3.
a. Specifically, a Town of Rochester driveway permit shall be secured prior to construction of the proposed driveway on Lots 1, 2, and 3.
b. Specifically, Ulster County Dept. of Health permit shall be secured prior to construction of the well and septic areas on Lots 1, 2, and 3.

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 1-6. 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 1-6 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 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 three (3) Ulster County Clerk certified copies of the filed plat 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 July 10, 2017, by the following vote:
Ayes: 6 Nays: 0 Absent: 1

Motion to adopt decision by Mr. Williams
Second by Ms. Lindstrom

2016-02 SUP Continued Application (amended)
Special Use Permit – Multiple Permitted Uses – Commercial Stables/Residential
LH Equine Properties LLC aka Crystal Creek Equestrian Center
Proposes a change of use and new construction on a +/-30.78-acre parcel for multiple uses for Commercial Stables and Residential use. with new construction of a 9800 sq ft indoor riding arena with attached barns with outdoor riding ring. Proposed use to include boarding, training, riding lessons, clinics and student presentations. Existing 6 apartments to be converted to 1 office, 1 classroom, and 4 apartments to be rented to guests/students. Co-owner and instructor live onsite in existing residences.
5883 Route 44/55, S/B/L #76.3-2-35.11, ‘AR-3’ zoning district
SEQRA: Unlisted Action

Ms. Harris was present on behalf of the application.

Chairman Baden stated that the application was in front of the Board last year and they have decided to remove the 9800 sq ft riding arena and it just going to be an outdoor riding arena. The applicant has significantly reduced the impact of the project. He asked the applicant what the 6 apartments on the property will be used for.

Ms. Harris stated that the apartments will be turned into a classroom, an office and the 4 remaining apartments will be guest rooms.

Chairman Baden stated that the apartments already had the OK and that there is no problem with changing it to a guest stay. He noted that all the Board is revising was the commercial stable.

Ms. Harris noted that she had spoken with David Corrigan from DOT and she herself stated that she would like to change the entrance to the property due to the way the driveway is. She noted that David Corrigan said the change is great but to do it when she’s ready and that it wouldn’t interfere with the operation of the commercial stable.

Mr. Dawson motioned to re-refer the application to the Ulster County Planning Board and the Department of Transportation. Mr. Williams seconded the motion.
Motion carried. All in favor
6 ayes, 0 nays, 1 absent, 0 abstentions

Chairman Baden stated that the application was classified as an unlisted action.

Ms. Lindstrom motioned to re-classify the application as a type II action under SEQRA. Mr. Grace seconded the motion.
Chairman Baden – Yes Dawson – Yes
Williams – Yes Grace – Yes
DeWitt – Absent Jones – Yes
Lindstrom – Yes
Motion carried. All in favor
6 ayes, 0 nays, 1 absent, 0 abstentions

Ms. Lindstrom motioned to hold the application for public hearing for the August Planning Board meeting date. Mr. Jones seconded the motion.
Motion carried. All in favor
6 ayes, 0 nays, 1 absent, 0 abstentions

2017-06 SBD New Application
Minor Subdivision
Vinci Farm LLC
Proposes 4 lot subdivision of a ±35.003-acre parcel with shared driveway.
2-8 Old Pilgrim’s Way, SBL 76.1-1-22.112, AR-3 and AP Overlay zoning districts, located in Ulster County Agricultural District #3
SEQRA: TBD

Mr. Medenbach was present on behalf of the application.

Mr. Medenbach stated that the applicant wanted to put 2 houses on 6 acres and another 2 houses on 6 acres and another parcel. He stated that they did not have the acreage to do all of that so when he laid it out and made some irregular shaped lots. He stated in order to do the subdivision it has to be classified as a conservation subdivision.

Chairman Baden asked why they believed it would be a conservation subdivision.

Mr. Medenbach stated that the applicant does not have the acreage for lot 3. Lot 3 is only 4.7 acres and has 2 dwellings on it and needs 6 acres.

Chairman Baden stated that the applicant could go for a variance.

Mr. Medenbach stated that the applicant does not have a problem with putting 50 percent of the land in some kind of restricted easement or open space. He added that the only future construction that the applicant might want would be a house on lot 4 which has nothing on it.

The Board expressed that they liked the idea of a conservation subdivision.

Chairman Baden stated that they would have to research how the application works with the conservation subdivision code.

The Board discussed the fact that the property was within 500 feet of a County road.

Ms. Lindstrom motioned to refer the application to the Department of Transportation and the Ulster County Planning Board contingent upon receiving narrative. Mr. Jones seconded the motion.
Motion carried. All in favor
6 ayes, 0 nays, 1 absent, 0 abstentions

Ms. Lindstrom motioned to give the Chairman authority to review and accept application with narrative. Mr. Williams seconded the motion.
Motion carried. All in favor
6 ayes, 0 nays, 1 absent, 0 abstentions

Mr. Grace motioned to list the application as an unlisted action under SEQRA. Mr. Jones seconded the motion.
Chairman Baden – Yes Dawson – Yes
Williams – Yes Grace – Yes
DeWitt – Absent Jones – Yes
Lindstrom – Yes
Motion carried. All in favor
6 ayes, 0 nays, 1 absent, 0 abstentions

2017-02 SUP New Application
Special Use Permit – Resort
Rondout Valley Golf Club LTD (owner) and Somer Partners, LLC (applicant)
Proposes an expansion of an existing use golf course.
Proposes expanding the existing main building to a 12-room hotel, construction of a new restaurant building and barn (for outdoor events), constructing 12 one-bedroom cabins, and providing new tennis and pool with pool house. Proposes parking, landscaping, and utility improvements.
10 Bank St., SBL 77.1-1-1, AR-3 and AP Overlay zoning districts, located in Ulster County Agricultural District #3, contains land located in the FEMA 100 yr floodplain, contains land located in NYS Freshwater Wetlands M-14, contains land located in National Wetlands Inventory, within 500’ of property listed on the National Register of Historic Places.
SEQRA: TBD

Nadine Carney from Peak Engineering and Tavoo Somer was present on behalf of the application.

Mrs. Carney stated that was happening with the application. She noted that the applicant plans on keeping part of the golf course. She stated that all the cabins being constructed would have their own well and septic. She added that the Pro-Shop for the golf course would be moved closer to Whitfield Road so it could be like its own area and not part of the resort.

Chairman Baden stated that the Board will need to see the new Pro-Shop on the site plan. He also added that there would have to be enough parking as well.

The Board brought of the possible issue on noise impact.

Chairman Baden stated that the Board will need to see the building design, buffer areas and lighting.

The applicant and the Board did not have anything more to say.

OTHER MATTERS

Chairman Baden noted to the Board that there might be a special meeting in September for the Board to go over procedures.

Ms. Lindstrom motioned to adjourn the meeting at 9:42PM. Mr. Grace seconded the motion.
Motion carried. All in favor
6 ayes, 0 nays, 1 absent, 0 abstentions