PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
torpbzba@hvc.rr.com
MINUTES OF April 20, 2015 the Town of Rochester PLANNING BOARD, held at the Town of Rochester Community Center, Accord, NY.
Chairman Baden asked that everyone stand to say the Pledge to the Flag.
The Secretary did roll call attendance.
PRESENT: ABSENT: Michael Baden, Chairman
Adam Paddock Melvyn I. Tapper
Shane Ricks Fred O’Donnell
John Dawson
Maren Lindstrom
Also present:
Patrick Williams, Alternate. Loretta Terwilliger, Secretary. Mary Lou Christiana, Town Attorney.
ANNOUNCEMENTS and COMMUNICATIONS
Chairman Baden noted that because the meeting date was changed, the regular Secretary wasn’t available. They were waiting for her replacement for the meeting to get to the meeting.
Chairman Baden let the Board know that the Primax people have finished the lot line improvement. The maps were signed, and they were waiting to get the filed maps and easements back. Once that is all done, they would be able to sign the site plan.
TRAININGS
Chairman Baden noted that the County is planning on one in the very near future. He looked around online and didn’t see any more that were for the month of April or the beginning of May. He urged everyone to remember to work on getting their required 4 hours in. He believed that Ms. Lindstrom already had hers in for the year.
ACTION ON MINUTES
Mr. Dawson motioned to adopt the March 9, 2015 regular meeting minutes seconded by Mr. Paddock. No discussion.
Vote:
Baden: Yes Tapper: Absent
O’Donnell: Absent Lindstrom: Yes
Ricks: Yes Dawson: Yes
Paddock: Yes
Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions
PB 2014-04 SBD Continued Application,
SEQRA amendment, Continued Public Hearing
Minor Subdivision
Wilfred and David Neff
Proposes amended application for subdivision of land resulting in 4 lots. (Originally proposed as resulting in 3 lots.)
12 Pompey’s Cave Road, S/B/L #69.4-2-7.111, ‘AR-3’, ‘AP Overlay’ and ‘FD Overlay’ zoning districts, Located within Ulster County Ag District #3, Contiguous to Rest Plaus Historic District listed on the National Register, Located within the 100 year flood plain, Contiguous to the Town of Marbletown
Chairman Baden noted that this is an application that has been in front of the Board since last summer. It initially came in as a 3 lot subdivision and then it was discovered that a lot that the Neff’s had thought was separate, was actually still connected to their property, so this is in fact a 4 lot subdivision. The applicant researched it, and amended the application and it is now back in front of the Board. The SEQRA will need to be amended to correctly reflect the 4 lot subdivision.
As far as the Chairman can tell, adding the other lot has not changed anything that they already did in accordance to SEQRA. If anyone wants to re-read through the SEQRA, they would, if not, he would ask for a motion to amend the Negative Declaration. It will also need to be re-noticed in the ENB and recirculated to all Agencies.
Mr. Dawson motioned to amend the Negative Declaration and to renotice in the ENB and recirculate to all agencies. Seconded by Mr. Paddock.
No discussion.
Vote:
Baden: Yes Tapper: Absent
O’Donnell: Absent Lindstrom: Yes
Ricks: Yes Dawson: Yes
Paddock: Yes
Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions
Chairman Baden noted that the new lot was labeled as lot 3. This was always considered by the Neff’s to be its own lot, but according to the County it was never filed. Now it will be a stand-alone lot.
Chairman Baden opened the Public Hearing. There was no public comment.
Mr. Dawson motioned to close the Public Hearing. Seconded by Mr. Ricks. No discussion.
Vote:
Baden: Yes Tapper: Absent
O’Donnell: Absent Lindstrom: Yes
Ricks: Yes Dawson: Yes
Paddock: Yes
Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions
At this time the Board reviewed the draft findings as prepared by Chairman Baden as follows:
Findings of the Planning Board
1. The Planning Board has received zoning referral for a Minor Subdivision from the Code Enforcement Officer.
2. Application was submitted proposing subdivision of a 92 acre parcel of land into 4 lots. 3 lots will be residential with size ranging from +/- 3.16 to +/- 4.08 acres with the 4th lot being the remaining lands.
3. The application was originally submitted as a 3 lot subdivision. Upon review of the application by the Planning and Zoning office with the Assessor’s office and Ulster County Real Property it was discovered the parcel also encompassed land opposite Lucas Tpke. This land was considered by the applicant to be a separate parcel, however it was established this area is a part of the parcel proposed to be subdivided and the land must be accounted for in the subdivision. The applicant amended the application to request a 4 lot subdivision to address the concern. An amended application and EAF was prepared and submitted.
4. The parcel to be subdivided is known as S/B/L 69.4-2-7.111.
5. The proposed lots meet the bulk standards requirements for the ‘AR-3’ zoning district.
6. The parcel has road frontage on Lucas Tpke (County Route 1) and Pompey’s Cave Road. Both roadways bisect the parcel creating natural subdivision of the land.
7. The parcel is located in Ulster County Agricultural District #3. An agricultural data statement was prepared.
8. A portion of the parcel is located in the ‘FD Overlay’ zoning district. It contains land within the 100 year floodplain as mapped by FEMA on panels 36111C0585E and 36111C0595E, dated 9/25/2009
9. ‘AP Overlay’ zoning district review standards are not applicable as the property use is single-family residential.
10. A Type 1 SEQRA classification was determined due to the parcel being contiguous to an area listed on the National Register, the Rest Plaus Historic District. There are no other involved agencies. A negative declaration was determined. The determination was revisited upon the amending of the application with the negative declaration confirmed.
11. The application was referred to the NYS Office of Parks, Recreation, and Historic Preservation (NYSOPRHP) for comment due to the National Register district. The reply was No Adverse Impact will occur “if a vegetative buffer is planted to separate the new construction from any structure contributing to the Rest Plaus Historic District (95NR00767). The buffer should be a mix of indigenous coniferous and desciduous trees and shrubs. It should be maintained for at least 10 years and any plantings that die should be replaced.”
12. The current use of the parcel is residential and agricultural with two single-family dwellings, two barns, open pasture, wooded land, and waterfront property.
13. As proposed, Lot 1
a. will exceed the required minimum road frontage, located on Pompey’s Cave Road, a public roadway under the authority of the Town of Rochester and also Lucas Tpke., a public roadway under the authority of Ulster County Dept. of Public Works.
b. will contain two areas of land bisected by Pompey’s Cave Road.
c. has existing improvements of a single-family dwelling, barn, shed, and access by way of a gravel driveway. No new improvements are proposed.
d. has existing and will retain independent well and septic.
e. will have frontage on the Kripplebush Creek, identified as a Class C(T) waterway pursuant to NYS Environmental Conservation Law §855.3 and §855.4.
14. As proposed, Lot 2
a. will exceed the required minimum road frontage, located on Pompey’s Cave Road, a public roadway under the authority of the Ulster County Dept. of Public Works (UCDPW).
b. has no existing improvements.
c. indicates an area for the construction of a single family dwelling and for the proposed well and septic area on the plat. A driveway permit will be required from UC Dept. of Public Works for access. A UC Dept. of Health permit will be required for water and septic.
d. will have frontage on the Kripple Bush Creek, identified as a Class C(T) waterway pursuant to NYS Environmental Conservation Law §855.3 and §855.4.
15. As proposed, Lot 3
a. is located on the opposite side of Lucas Tpke., creating a natural subdivision.
b. will exceed the required minimum road frontage, located on Lucas Tpke., a public roadway under the authority of the Ulster County Dept. of Public Works (UCDPW).
c. has existing improvements of a single-family dwelling with access by way of a gravel driveway. No new improvements are proposed.
d. has existing and will retain independent well and septic.
e. will have frontage on the Rondout Creek.
16. As proposed, Lot 4
a. will contain the remaining lands of the existing parcel.
b. will exceed the required minimum road frontage, located on Lucas Tpke., a public roadway under the authority of the Ulster County Dept. of Public Works (UCDPW).
c. will have frontage on the Kripple Bush Creek, identified as a Class C(T) waterway pursuant to NYS Environmental Conservation Law §855.3 and §855.4.
17. The application qualifies for referral to the Ulster County Planning Board as required under NYS GML §239-n, however the application falls under the signed exception agreement exempting the subdivision from county review.
Mr. Ricks motioned to adopt the findings as discussed by the Board and as prepared by Chairman Baden. Second by Ms. Lindstrom.
Vote:
Baden: Yes Tapper: Absent
O’Donnell: Absent Lindstrom: Yes
Ricks: Yes Dawson: Yes
Paddock: Yes
Motioned carried. 5 ayes, 0 nays, 2 absent, 0 abstentions
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision-Conditional Final Approval to Wilfred and David Neff permitting the subdivision of lands situate at Pompey’s Cave Road and Lucas Tpke., known as S/B/L 69.4-2-7.111 and located in the ‘AR-3’, ‘FD Overlay’, and ‘AP Overlay’ zoning districts, into 4 lots. The subdivision preliminary plat, as drawn dated February 1, 2015, is approved with the following conditions.
CONDITIONS of APPROVAL:
1. Applicant shall present a Final Plat for signature. The Preliminary Plat shall be amended as follows:
a. The words “Final Plat” shall be identified in the title block.
b. These plat statements shall be added
i. “This property contains land within the 100-year floodplain as depicted by FEMA on plates36111C0585E and 36111C0595E effective as of 9/25/2009. Any construction or disturbance within the FEMA designated 100-year floodplain shall adhere to the Code of the Town of Rochester Chapter 81, Flood Damage Prevention, or its successors.”
ii. “This property contains a New York State regulated stream. For as long as any portion of the property described in this deed is subject to regulation under Article 15 (Protection of Waters) of the Environmental Conservation Law (ECL) of the State of New York, there shall be no regulated activity as defined by Article 15 of the ECL on this property within the bed or banks of this stream at any time without having first secured the necessary permission and permit required pursuant to the above noted Article 15 from the NYS Department of Environmental Conservation (DEC). This restriction shall bind the Grantees, their successors and assigns and shall be expressly set forth in all subsequent deeds to this property.”
iii. “Pursuant to the Code of the Town of Rochester §140-12(E), each lot fronting on a named stream depicted on United States Geological Survey maps shall include a setback of 100 feet in depth from the high water mark of such stream. No principal structure shall be located within such setback, except by Planning Board authorization provided other mitigating measures such as deed covenants limiting clearing near the stream are employed to protect stream quality.”
iv. “A vegetative buffer shall be planted to separate new construction from any structure contributing to the Rest Plaus Historic District (95NR00767). The buffer should be a mix of indigenous coniferous and desciduous trees and shrubs. It should be maintained for at least 10 years and any plantings that die should be replaced.”
2. Any and 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.
3. All required Local, County, State, or Federal permits shall be secured for the current or future use of these lands.
4. The following specific permits shall be secured should the proposed single-family dwelling be constructed as indicated on the plat on Lot 2.
a. Town of Rochester building permit
b. Ulster County Dept. of Public Works driveway permit
c. Ulster County Dept. of Health water and septic permits
All conditions of approval for these permits shall become conditions of this approval. Should any condition(s) imposed by these permit approvals cause a conflict to occur, the more restrictive condition(s) shall prevail.
5. All Local, County, State, and Federal Laws or Codes shall be complied with for the current 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 and 2. 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 and 2 are satisfied by the applicant and the Final Plat is presented and signed by the Chairman. This period may be extended for two 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.
Mr. Ricks motioned to adopt the resolution as discussed by the Board and as prepared by Chairman Baden. Seconded by Mr. Dawson. No discussion.
Vote:
Baden: Yes Tapper: Absent
O’Donnell: Absent Lindstrom: Yes
Ricks: Yes Dawson: Yes
Paddock: Yes
Motioned carried. 5 ayes, 0 nays, 2 absent, 0 abstentions
PB 2015-02 SUP Continued Application,
SEQRA Lead Agency/Determination, Public Hearing
Special Use
Frank Macagnone and Keith Eddleman aka Crested Hen Farms
Proposes expansion of use of an existing barn on a +/- 32 acre residential parcel for the use ‘Commercial Events Facility’ with parking and related supporting amenities
607 County Route 6, S/B/L #77.002-2-12.1, ‘AR-3’, ‘AP Overlay’ and ‘FD Overlay’ zoning districts, Located in Ulster County Ag District #3, Located within Alligerville Historic District proposed listed on the National Register, Located within the 100 year flood plain
SEQRA: Notice sent to seek Lead Agency, Type I
Mr. Macagnone, Mr. Medenbach, and Mr. Moriello were present on behalf of the application.
Chairman Baden noted that before we open the Public Hearing, they would go over comments received. The Board referred this as an involved agency to UC Health Dept. and have heard nothing back from them. Also referred it to UC Dept. of Public Works. They had comments where they noted that a 50 car parking area on the site would result in a significant increase in traffic. The width of the existing driveway is only 10’ with no shoulders for most of the way and the portion of the County road in that area is 55 MPH in that area with limited site visibility. Chairman Baden noted that 55MPH in that area was quite a shock to a lot of people, but in NYS if it is not marked, it is considered 55MPH. They say that they would need a change of use permit from UCDPW for a change from residential use.
Mr. Medenbach noted that they went out to the site with them and explained that this wasn’t a continuous business, that the special events would be on weekends only with a maximum of 1 per weekend and that the traffic that they were looking at was all one way. He didn’t think that they needed a two way driveway. Right now with the entrance there were guardrails narrowing the driveway and he agreed that if they moved the one guard rail to a minimum of 18’ that would allow two way traffic. They would widen the driveway in a couple of hundred feet where it is level with the ground. That way if there was a stack of cars trying to exit at the end of the day and a couple of cars wanting to come in there would be plenty of room for them to pass. He thought that was an excellent solution. In addition there is a lot of brush out on the embankment that they need to clear out to open up the site lines adequately. He will be putting together and application to them for a permit.
Chairman Baden noted that he knew they were going to submit a permit from them, but he felt that they needed to get that confirmation from them in writing.
Mr. Medenbach indicated that he would be sending something to them in the next couple of days and would amend the plan accordingly as well.
Chairman Baden noted that those concerns were addressed.
Ms. Lindstrom questioned if those alterations would work for tour buses as well?
Mr. Medenbach stated yes. There was plenty of turning room for the buses. They are wider than regular vehicles, but once they opened it up that would solve that.
Chairman Baden noted that it was also referred to the TOR Historic Preservation Commission as an interested agency. They confirmed that this was in the Alligerville Historic District. At the time this application was submitted, it was still being determined by the State for that status, and since then it has been adopted as such and the property is located within the district. TORHPC comments for none of the buildings to be altered in the outside appearance of the structure. At this time he didn’t think there was a proposal to alter the barn on the outside, was that correct?
Mr. Medenbach noted that they would be adding two windows to the one existing window.
Chairman Baden noted that the Board would just ask that they work with the State to make sure that they were in the style and period of the barn. Everything else would be temporary tents and trailer type restrooms and cooking facilities.
Mr. Medenbach questioned when the request was sent to the State did they send the architectural drawings as well?
Chairman Baden didn’t think that the Board had the architectural plans. They may have seen it at the meeting, but they weren’t submitted to the Board.
Mr. Moriello noted that this application did not need a NYS discretionary permit.
Mrs. Christiana agreed, but noted that the Board does tend to listen to them.
Chairman Baden noted that the person reviewing the plans at the state has been out ill and they have until the 22nd to respond. Knowing that the windows were being added that the applicant just follow up with the State about it. They started a new system done online. It is just up and running.
The Board also heard back from the Dept. of Environmental Conservation. They expressed a couple of concerns, but he wasn’t sure that they pertain to the proposal. They said that there was an endangered species that has only recently been classified as endangered and that is the Northern Long Eared Bat. Their concern is only if you are doing tree cutting between 10/31 – 3/31.
Mr. Medenbach noted that there would be no tree cutting. Just clearing some brush along the highway.
The DEC says that there may also be rare endangered species on the property, but without a thorough field study they can’t say for sure. They also say that they will need a SPEDES Permit if the applicant disturbs more than 1 acre, but the applicant won’t be doing that. It also showed up on the SEQRA that it is on the State inventory of archeological resources. Chairman Baden questioned if the applicant knew what that may be?
Mr. Medenbach was sure that it was because of the farm. They weren’t doing any disturbance to the land.
The Chairman agreed it was a non-issue.
The Accord Fire District did not reply either.
The Board did receive a letter from the Rondout Esopus Land Conservancy. They hold a conservation easement on this property and they were also a bounding owner. They sent a letter as their comments that he will read in the Public Hearing.
Ulster County Planning Board referral under NYS GM Law came back with concerns and 5 required modifications.
Required Modification – Access
The applicant will need to obtain a permit for access from Ulster County DPW and
will need to address issues with respect to sight distances and the width of the
driveway to allow for two-way traffic in and out of the site.
Required Modifications – Stormwater
The applicant, working with the Town, should devise a means of maintaining
water quality control with respect to the parking area, separating out oils and
other potential chemicals from the parked vehicles from the stormwater,
especially in light of the close proximity of the site to the 100-year floodplain and
Rondout Creek.
Required Modifications – Building Code Review
The existing barn, if any improvements are planned, will need to be reviewed by
the local building inspector to make sure it complies with the NYS Building Code.
Required Modification – Lighting
The local board and applicant should consider whether additional lighting for the
parking area and for the site entrance will be necessary for improving site safety.
Required Modification – Wastewater
Any permanent improvements to the site’s wastewater facilities will require the
approval of the Ulster County Health Department. The applicant will also need to
coordinate with the Health Department for any potential approvals regarding food
services and portable toilets.
Chairman Baden noted that they would open the Public Hearing tonight, but they will probably end up holding it open while they wait for the response from OPRHP. Because it is a Special Use, they would wait to do SEQRA until hearing the public comment.
Chairman Baden read the following letter to the public from the Rondout Esopus Land Conservancy:
Ladies and Gentlemen:
We have received your Notice of Hearing pertaining to “Expansion of an existing barn on a +/- 32-acre
residential parcel for the use “Commercial Events Facility” with parking and related supporting
amenities.”
Please note that Rondout-Esopus Land Conservancy (RELC) holds a perpetual conservation easement on
a portion of the referenced property filed with the Ulster County Clerk on December 31, 2001 at Book
3274, Page 0253, et al. Among other things, that conservation easement prohibits non-agricultural
commercial activity and certain use of motorized vehicles (such as the parking of motor vehicles in the
conduct of a commercial activity such as that contemplated by the application being reviewed) on certain
portions of the parcel as shown on the attached map. The area subject to the conservation easement
specifically includes substantially all of the frontage on the Rondout Creek in the referenced parcel. If
any prohibited activity occurs within the easement boundaries, RELC will take all necessary and
appropriate measures to ensure compliance with the terms of the conservation easement.
Should you have any questions or require further information, please do not hesitate to contact me.
Sincerely,
Zali Win
Secretary/Treasurer
Chairman Baden noted that this was clearly not in the conservation easement area.
Jonathan Nedbor was opposed to the application and urged the Board not to grant the Special Use Permit. This wasn’t good for the community or in character. There are already negative impacts with fires, fireworks, traffic, lights and music. None of this would be a problem if it was contained, but all neighbors have been affected. The fire company had to put out an unattended bonfire during a burn ban last year. This was now in the center of an historic district. The neighbors are already uncaring of how they affect their neighbors with these impacts. Mr. Hedbar submitted a letter for the record.
Chairman Baden noted that this was referred to the Board by the Code Enforcement Officer as a Commercial Events Facility. This was a use that was previously allowed in the Code, only with a Bed and Breakfast. It was expanded in December 2014 when the Town Board adopted changes in the Zoning Code. He then read the definition of Commercial Events facility as found in Chapter 140, Zoning. This is limited to a maximum number of 12 events per year. Also, by Code, each event is counted as one. Event hours are limited from 9am-11pm by Code with an hour for set up and an hour for cleanup in addition to those hours. 8am-midnight would be the maximum hours. The designated areas would be included but not limited to temporary parking, temporary structures and sanitation facilities and shown on the site plan (they have). All parking shall be off street and all temporary structures shall be moved within 4 days of each event with a maximum of 7 days all together—only if they had 2 consecutive weekends. They would need CEO approval for those cases. These are not tents that will stay up all summer. There are certain guidelines that they will have to adhere to in the code. He also asked the applicant to touch on what was being proposed.
Mr. Medenbach noted that this was an existing parcel with a lot of clear open space around it. There was a house and a couple of barn structures. The primary use would be attached to the main barn in the back. Some events will be entirely within the barn that would be up to 99 people. Anything over that, they would have a separate tent for up to 150 people. All food would be prepared off site. Restrooms would be brought in as well—the nice ones for weddings. There would be 12 events in the nicer weather. They show parking for 50 cars. Average of 3 people per car. Some people come in a bus, so there would be even less cars. The parking lot is just mowed grass. No construction is proposed and it would be valet parking. There would be no outside amplified music, and it would basically be one way traffic- people would come in, stay for the duration and then leave. It wouldn’t be constant.
Alex Silverman noted that he was concerned with traffic and noise and car lights. All of this would be disrupting to the community. No one else is going to be affected by the music other than the neighbors.
50 cars on a little closed off turn at the end of a bridge is not safe. There have been accidents at that spot as it is. He was also concerned with the proximity to the Fire dept. in Alligerville. He was concerned with the traffic affecting a potential emergency that the fire dept. needs to attend. The car lights coming from the event are all going to shine into his house. The barn isn’t really insulated, so the music isn’t going to be muffled.
Nora Feingold read submitted letter from Paul Barthel. Mr. Barthel was concerned with increased noise levels
Including the vocal intensity of guests. He is a weekender and want quiet and to maintain his property values.
Ms. Feingold spoke on behalf of herself. She noted that the quality of life was going to be affected by the traffic and noise, the tents, the economic decline of Allergerville. The economic development to the community has nothing to gain. She was also very concerned with the potential for drunk drivers coming from the event. She submitted copies of both letters to the Board.
Rachel Kammer lived across the road from the proposed facility. She is from New York City and moved to the area to have a quiet home. Her concerns were also about the increase in traffic, general safety, and the potential for drinking and driving. These are all negative impacts. Letter submitted.
Marijane Knudsen was also present to speak. Ms. Knudsen was already concerned with the road way and has filed reports about the current speed limits not being safe. She was also concerned with the increase of traffic on these roads, and the current use of the property with fireworks disrupting the neighborhood. She was also concerned with the way cars were going to be parked in regards with headlights of cars. She was also concerned with flooding, and where the vendors would park.
Doug Countryman wanted the Board to go and see how the traffic and headlights currently affected him. It would be much worse if they were holding events. The headlights are very disturbing to himself and his family.
A resident from Berme Road noted that this is an excessive application. It is too much for this area. He too was concerned about the noise, but not against business in general. He too was concerned with traffic and lights.
Another neighbor spoke and noted that it isn’t going to just be one day for the event, there will be a week of prep work that is going to impact the neighborhood as well. Not just 12 days, much more than that. This will be a lot more and it will be a major intrusion.
Mr. Dawson motioned to hold the Public Hearing open and continued at the May 11th meeting. Seconded by Mr. Paddock. No discussion.
Vote:
Baden: Yes Tapper: Absent
O’Donnell: Absent Lindstrom: Yes
Ricks: Yes Dawson: Yes
Paddock: Yes
Motioned carried. 5 ayes, 0 nays, 2 absent, 0 abstentions
Mr. Moriello questioned if an Ag Data Statement had been sent out.
Chairman Baden noted that he thought the Board had received one, but wasn’t sure. He would check on it.
Mr. Medenbach produced a copy from his file.
PB 2015-01 SUP Continued Application (amended)
Special Use and Site Plan
Woodstock Farm Sanctuary
Proposes new use of a +/- 100.5 acre parcel for Multiple Uses
‘Animal Sanctuary’, ‘Commercial Events Facility’, and ‘Inn’ – requires Special Use
‘Agricultural Tourism Enterprises’, ‘and ‘Agricultural Retail Sales’ – requires Site Plan
Lucas Tpke, S/B/L #69.4-2-11.200, ‘AR-3’, ‘AP Overlay’ and ‘FD Overlay’ zoning districts, Contiguous to Ulster County Ag District #3, Contiguous to Rest Plaus Historic District listed on the National Register, Located within the 100 year flood plain, Contiguous to the Town of Marbletown
The applicants were not present.
Chairman Baden noted that after the last meeting, the applicant sent a full list of uses to the CEO for further review. The CEO classified the specific uses and since that time, Mrs. Christiana and the Chairman met with the CEO and the applicant to go over the new classifications. The application has now been amended, and they are applying for multiple allowed uses. ‘Animal Sanctuary’, ‘Commercial Events Facility’, and ‘Inn’ – requires Special Use., ‘Agricultural Tourism Enterprises’, ‘and ‘Agricultural Retail Sales’ – requires Site Plan
The applicant submitted a revised part 1 of the EAF. Chairman Baden asked that the Board look that over for the next meeting. They modified the site plan slightly, but it’s generally the same as they saw at the last meeting. One concern is that one of the manure piles is proposed to be close to the Rondout Creek, and it is a bit of a steep slope there. So, they asked them to speak with the DEC to see if there would be any restrictions on that. DEC says 100’ outside of water sources, and it is, but because of the steep slopes, Chairman Baden was concerned. They also asked him to put contour lines in that section.
Chairman Baden noted that at this point, because it is contiguous to the Rest Plaus Historic District, we would send out to involved agencies. Involved Agencies would be UCDPW, UCHD, and NYSDEC. Interested Agencies would be UCPB, TORHP, NYSOPRHP, and the Accord Fire District. There isn’t enough information to be sent to the UCPB for a referral. Since the applicant was not present, this was really all the Board was comfortable doing at this meeting. The Chairman was also looking into have a County Gateway meeting for this application as it involves so many other agencies.
The Board agreed to this.
Mr. Dawson motioned to circulate intent to seek lead agency SEQRA notice to the noted involved agencies. Seconded by Ms. Lindstrom. No discussion.
Vote:
Baden: Yes Tapper: Absent
O’Donnell: Absent Lindstrom: Yes
Ricks: Yes Dawson: Yes
Paddock: Yes
Motioned carried. 5 ayes, 0 nays, 2 absent, 0 abstentions
PB 2015-03 SUP New Application
Special Use
Verna Gillis aka Accord Train Station
Proposes new use of a +/- 1.10 acre parcel for the use “Commercial Events Facility”
9 Tobacco Rd, S/B/L #77.9-1-24.110, ‘H’ and ‘AP Overlay’ zoning districts
Christine Atkinson was present on behalf of the application. She was partners with Verna Gillis, owner.
Ms. Atkinson noted that they are proposing a small tented site for the events, and they want to use the municipal parking as extra parking. These events would be for up to 100 people. They would have a ‘rest room trailer’ that would be brought in for events. There would be live music at times. Not often. They would be small events, nothing crazy. They were also going to be re-opening Road which was closed a couple of years ago as it was owned by the applicant. They would like to use that area as temporary parking. The Train Station has been approved for a flea market. Decision PB1993-02. A 30’ x 45’ would be the maximum size tent.
Mr. Dawson noted that the occupancy limit in the Train Station itself is 16 people. And that was determined because of the size of the septic. He also noted that it doesn’t have a certificate of occupancy for anyone to live there. The reason why is that it doesn’t have fire rated sheet rock.
Ms. Atkinson noted that no one would be staying there.
Chairman Baden noted that he would get a copy of that decision for the Board.
The Board noted that there should be signs to direct parking, and there should be handicap parking spaces available.
Chairman Baden noted that Main Street was actually a Town Road, not a County Road. The County Road doesn’t start until after this. They would really need to look at site distance. The forsythia bushes have over grown and make it hard to see the road.
Chairman Baden noted that a letter of authorization is needed from Ms. Gillis for Ms. Atkinson to act on her behalf. She should also show the proposed tents (10’ x 10’) for the Farm Market. She should also show lighting on the maps.
Mr. Paddock motioned for an Unlisted Action under SEQRA. Seconded by Mr. Dawson. No discussion.
Vote:
Baden: Yes Tapper: Absent
O’Donnell: Absent Lindstrom: Yes
Ricks: Yes Dawson: Yes
Paddock: Yes
Motioned carried. 5 ayes, 0 nays, 2 absent, 0 abstentions
Mr. Paddock motioned to refer the application to UCPB. Seconded by Ms. Lindstrom. No discussion.
Vote:
Baden: Yes Tapper: Absent
O’Donnell: Absent Lindstrom: Yes
Ricks: Yes Dawson: Yes
Paddock: Yes
Motioned carried. 5 ayes, 0 nays, 2 absent, 0 abstentions
Mr. Dawson motioned to refer the application for comments to TOR Highway, TORHP, UCHD, and the Accord Fire District. Seconded by Mr. Paddock. No discussion.
Vote:
Baden: Yes Tapper: Absent
O’Donnell: Absent Lindstrom: Yes
Ricks: Yes Dawson: Yes
Paddock: Yes
Motioned carried. 5 ayes, 0 nays, 2 absent, 0 abstentions
Mr. Dawson motioned to schedule the application for public hearing at the May 11, 2015 meeting. Seconded by Mr. Paddock. No discussion.
Vote:
Baden: Yes Tapper: Absent
O’Donnell: Absent Lindstrom: Yes
Ricks: Yes Dawson: Yes
Paddock: Yes
Motioned carried. 5 ayes, 0 nays, 2 absent, 0 abstentions
OTHER MATTERS:
Local Law 2 of 2015 – Town Board advisory request
Amendment of the zoning map to remove 4 parcels from the ‘R-2’ zoning district and rezone to the ‘AR-3’ zoning district
The Board discussed Local Law 2 of 2015, an Amendment of the zoning map to remove 4 parcels from the ‘R-2’ zoning district and rezone to the ‘AR-3’ zoning district.
Ms. Lindstrom motioned for no negative remarks and that the Board was in support of said proposed amendment. Seconded by Mr. Dawson. No discussion.
Vote:
Baden: Yes Tapper: Absent
O’Donnell: Absent Lindstrom: Yes
Ricks: Yes Dawson: Yes
Paddock: Yes
Motioned carried. 5 ayes, 0 nays, 2 absent, 0 abstentions
2nd Extension Request
Extension of approval PB 2013-04 SUP – Special Use Approval
Approved October 8, 2013 with conditions, 6 month extension approved October 15, 2014 – Expired April 8, 2015
Scott MacScott
Proposes to expand a non-conforming residential use structure with bathroom and shed expansions pursuant to §140-42 of the T/ Rochester zoning code, 24 Blevins Rd, S/B/L #59.2-2-57, ‘R-2’ zoning district.
Chairman Baden noted that Mr. MacScott has finally applied for and received his Building Permit for the application.
Chairman Baden motioned to grant an extension until January 1, 2016 for Mr. MacScott to complete the work to his home. Seconded by Mr. Dawson. No discussion.
Vote:
Baden: Yes Tapper: Absent
O’Donnell: Absent Lindstrom: Yes
Ricks: Yes Dawson: Yes
Paddock: Yes
Motioned carried. 5 ayes, 0 nays, 2 absent, 0 abstentions
Notice Sent – Extension of approval soon to expire
PB 2009-03 SBD – Major Subdivision
Streamside Estates
Approved May 17, 2011
One year extension granted expires May 17, 2015
Chairman Baden noted that the applicant was sent a notice that their 1 year extension would be expiring on May 17th and we have yet to hear back from them.
ADJOURNMENT
Mr. Dawson motioned to adjourn the meeting. Seconded by Mr. Paddock. No discussion. All members present in favor.
Chairman Baden adjourned the meeting at 9:37PM.
Respectfully submitted,
Rebecca Paddock Stange, Secretary