Planning Board Minutes August 10th, 2020

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

MINUTES OF August 10th, 2020 REGULAR MEETING OF the Town of Rochester PLANNING BOARD, held at 7:00pm at the HAROLD LIPTON COMMUNITY CENTER and VIA ZOOM.

Chairperson Lindstrom asked everyone to stand for the Pledge to the Flag.

The Secretary did roll call attendance.

PRESENT: ABSENT:
Maren Lindstrom, Chairperson
Patrick Williams, Vice Chairperson
Rick Jones
Brian Buchbinder *Via Zoom*
Sam Zurofsky
Zorian Pinsky
Ann Marie Maloney *Via Zoom*

Also present:
Brianna Tetro, Secretary. Mary Lou Christiana, Attorney for the Town-Via Zoom. Mike Baden, Town Supervisor and Meeting Host.

ANNOUNCEMENTS AND COMMUNICATIONS:

Chair Lindstrom made the motion to cancel the August 31st, 2020 Workshop Meeting. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.

TRAININGS:

Chair Lindstrom reminded the Board that the Secretary had been sending out many training opportunities. She noted that all the training was being done virtually and there was no excuse not to have the required yearly training of 4 credits and then some.

ACTION ON MINUTES:

Mr. Buchbinder noted that he was not present at the previous month’s meeting but that he had been quoted in the minutes for July 13th, 2020.

Chair Lindstrom stated the mention of Mr. Buchbinder needed to be removed from the minutes.

Chair Lindstrom made the motion to approve the July 13th, 2020 Regular Meeting as amended. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.

APPLICATION REVIEW:

PB 2020-05 LLI New Application
Marc D. Grasso (Applicant) Scott Field & Rosanne Sasso (Owners)
Applicant proposes a lot line adjustment. Parcel B, S/B/L 77.9-1-18.21 (=/- 4.685 acres) is to transfer +/- 0.66 acres to Parcel A, S/B/L 77.9-1-18.1 and +/- 0.85 acres to Parcel C S/B/L 77.9-1-19. Upon completion Parcel A shall be +/- 3.176 acres. All parcels are located at 27 Tow Path Road, Accord, NY, an H-Hamlet zoning district. The Parcels are in the AP Overlay District.
SEQRA: Type II by Code

Mr. Marc Grasso and Mr. Terry Ringler were present on behalf of the application.

Chair Lindstrom explained what the application was all about and stated it was pretty self-explanatory.

The Board looked over and discussed the maps.

There was no further discussion.

Chair Lindstrom made the motion to certify the lot line adjustment. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.

Decision: PB 2020-05 LLI

Lot Improvement – Certification
*Pursuant to Chapter 125 and Chapter 140 of the Code of the Town of Rochester.

Applicant: Marc D. Grasso
Owner: Scott Field & Rosanne Sasso

Reason for Request:
Applicant proposes a lot line adjustment. Parcel B, S/B/L 77.9-1-18.21 (=/- 4.685 acres) is to transfer +/- 0.66 acres to Parcel A, S/B/L 77.9-1-18.1 and +/- 0.85 acres to Parcel C S/B/L 77.9-1-19. Upon completion Parcel A shall be +/- 3.176 acres. All parcels are located at 27 Tow Path Road, Accord, NY, an H-Hamlet zoning district. The Parcels are in the AP Overlay District

Location: 27 Tow Path Road, Accord, NY
S/B/L: Parcel A, S/B/L 77.9-1-18.1 Parcel B, S/B/L 77.9-1-18.21, Parcel C S/B/L 77.9-1-19
Zoning District: H-Hamlet

Zoning Permit filed: 7/14/2020 SEQR Type: Type II by definition
Planning Board Application #: 2020 – 05 LLI PB Application filed: 7/27/2020

* * * *
The Planning Board has reviewed the plat and certifies the lot improvement proposed will meet Town of Rochester lot requirements for the H-Hamlet zoning district and, for recording purposes only, further represents an exempt lot improvement in accordance with Section 125-18 of the Town of Rochester Subdivision Regulations. No subdivision approval is required or given by the Planning Board. The Planning Board further grants the authority to the Chairman to sign the plat certifying the lot improvement for filing purposes without further resolution upon receipt and the Chairman’s determination such plat meets the requirements of the code is in agreement with the sketch plan provided for review.

The owner shall file in the office of the Ulster County Clerk such certified plat bearing the Chairman’s signature within 62 days of this certification. The owner shall have the responsibility to return four (4) Ulster County Clerk certified copies of the plat to the Town of Rochester Planning Board within 30 days of filing.

PB 2020-01 LLI New Application
Adam & Jamie Paddock (Owners) & Borrego Solar (Applicants)
Lot Line Improvement
Applicant proposes a lot line adjustment. Northeastern property line is proposed to be moved 35 feet to 50 feet further to the northeast, enlarging the lot to +/- 2.869 acres. Parcel is S/B/L 69.3-2-23 (+/- 2.437 acres). Parcel is in the R-2 zoning district and is residential. An access easement for a utility grade solar facility exists along the northeastern lot line.
SEQRA: Type II by Code

Mr. Brandon Smith from Borrego Solar was present on behalf of the application.

Chair Lindstrom stated that this application had been presented to the Board a few months ago but had required an Area Variance from the ZBA, which had been obtained.

There was no further discussion or questions.

Chair Lindstorm made the motion to certify the lot line adjustment. Mr. Williams Seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstent, 0 abstentions.

Decision: PB 2020-01 LLI

Lot Improvement – Certification
*Pursuant to Chapter 125 and Chapter 140 of the Code of the Town of Rochester.

Applicant: Borrego Solar c/o Brandon Smith
Owner: Adam & Jamie Paddock

Reason for Request:
Applicant proposes a lot line adjustment. Northeastern property line is proposed to be moved 35 feet to 50 feet further to the northeast, enlarging the lot to +/- 2.869 acres. Parcels are S/B/L 69.3-2-23 (+/- 2.437 acres) and S/B/L 69.3-2-22 (+/- 1.851 acres) Parcels are in the R-2 zoning district and is residential. An access easement for a utility grade solar facility exists along the northeastern lot line.

Location: 4784 Route 209, Accord, NY
S/B/L: S/B/L 69.3-2-23 & S/B/L 69.3-2-22
Zoning District: R-2

Zoning Permit filed: 12/23/2019, resubmitted 07/11/2020 SEQR Type: Type II by definition
Planning Board Application #: 2020-01 LLI PB Application filed: 1/08/2020

* * * *
The Planning Board reviewed the plat. The lot improvement proposed did not meet Town of Rochester lot requirements for the R-2 zoning district and requires an area variance. An area variance was requested of the Zoning Board of Appeals and was received by the applicant on 06/18/2020, ZBA 2020-02 AV. For recording purposes only, lot improvement further represents an exempt lot improvement in accordance with Section 125-18 of the Town of Rochester Subdivision Regulations. No subdivision approval is required or given by the Planning Board. The Planning Board further grants the authority to the Chairman to sign the plat certifying the lot improvement for filing purposes without further resolution upon receipt and the Chairman’s determination such plat meets the requirements of the code is in agreement with the sketch plan provided for review.

The owner shall file in the office of the Ulster County Clerk such certified plat bearing the Chairman’s signature within 62 days of this certification. The owner shall have the responsibility to return four (4) Ulster County Clerk certified copies of the plat to the Town of Rochester Planning Board within 30 days of filing.

PB 2020-02 SUP Public Hearing/Continued Application
William Cafiero (dba Prop William Cafiero, LLC), Owner
Willingham Engineering, Applicant
Special Use Permit/Site Plan Approval
The applicant proposes the construction of a 1,250 sq. foot Deli with Drive Thru capabilities. The existing parcel is a vacant partially asphalted lot. The parcel is located at 6122 NYS County Route 209, Kerhonkson, NY, S/B/L 76.1-3-33 (+/- 1.3 acres). The parcel is in the B (Business) zoning district and fronts Rte. 209, a NYS scenic byway.
SEQRA: TBD

Mr. William Cafiero and Mr. Matthew Towne were present on behalf of the application.

Chair Lindstrom said the Board needed to make a determination for SEQRA before they opened the public hearing.

Chair Lindstrom made the motion to type the application as an unlisted/uncoordinated action for SEQRA. Mr. Jones seconded the motion.
ROLL CALL:
Chair Lindstorm- Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
Mr. Buchbinder- Yes
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.

The Board went through the EAF Part II.

Chair Lindstrom made the motion to type the application as a negative declaration for SEQRA. Mr. Jones seconded the motion.
ROLL CALL:
Chair Lindstorm- Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
Mr. Buchbinder- Yes
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.

The Board opened the public hearing.

Mr. David Bendell stated he had written an email to the Planning Board and wanted to know if the project would hinder the current access/use of his property which is located behind the purposed building.

Chair Lindstrom read Mr. Bendell’s email:

“To Whom it may Concern:

I wanted to share my questions/concerns regarding the special permit submitted for Mr. Cafiero’s property at 6122 NYS RT 209. I would begin to say it is nice to see the property being developed and new business for the town is always a welcome site. I own the property that is directly behind the Mr. Cafiero’s property and wanted to address issues that directly impact my quality of life; additionally I recall the town has historically taken into account a neighbor’s impact prior to granting special permits (solar projects come to mind). I have also had the opportunity to watch the public hearings regarding this matter; however, the audio is often difficult to hear discussions in their entirety. I have requested and reviewed the site plans; and my comments were generated after this review.

– The current site plan has me continuing to use the current access to my property and trees being planted on the deeded right-of-way; this matter was discussed at the last planning board meeting, although the particulars were unclear … Mr. Cafiero has previously had his attorney send me letters stating I was not to use my current access; although the current plans contradict that….I just want transparency on how the latest plans relate to the right-of way now and in the future.

Possible solution: move the building footprint to the south end of the property….current plans develop the north end and leave the south end empty…..is there reasoning behind this decision?

-I also note that parking would be in the rear of the property; it is currently designed so parked cars would have headlights facing my property. By allowing the parking in that area; additional security lighting would be required; which would also compound the light pollution impacting my property.
Possible solution; move parking to the south end of property and have customers park facing the self storage units….this would have zero impact on any residential housing.

Thank you for your time and attention to this matter; please reach out if further clarification is needed.”

Chair Lindstrom addressed Mr.Bendell’s concerns and clarified with the following statement in which she added, would be in the decision:
“The parcel contains a right-of-way to an interior parcel behind the proposed restaurant. The right of way extends along the periphery of the North-Northeastern property line. The current condition has a gravel drive (indicated on the site plan) used as the right-of-way (ROW). The applicant proposes keeping the gravel drive ROW use as is, but to leave the legal ROW undeveloped in the case that it is used in the future.”

There were no further comments from the public.

Mr. Williams made the motion to close the public hearing. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.

Chair Lindstrom stated that the Ulster County Planning Board responded to the Board’s referral and asked the following:
-The Town and applicant should consider alternative roofline pitches as well as integrated the proposed roof-sign into the site as a wall-sign to more closely match the neighborhood’s context which predominately consists of angled rooflines found in the area. Based on the citations from the Town’s zoning statute the proposed sign does not appear to conform to the requirements of the Town’s zoning statute and therefore will need to be modified to conform to meeting the standards of the Town’s zoning statute.
-Final NYSDOT approval

The Board discussed the application further, however, due to a glitch with Google Drive, /much of the Board had not seen the most recent site plans dated 7/21/2020 and did not feel comfortable making a decision. The applicant also needed to provide the items requested of the Ulster County Planning Board. The Board discussed having a decision made at the previously canceled August 31st, 2020 workshop meeting, pending all required documents were provided in time for the Board to review.

Chair Lindstrom made the motion to uncancel the August 31st, 2020 workshop meeting. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions, 0 absent.

There was no further discussion.

PB 2020-03 SBD Public Hearing/Continued Application
Francis & John Nodar (Applicant & Owner)
Minor Subdivision
The applicant proposes a minor 2 lot subdivision of a +/- 60.4 acre lot into two lots. Lot one of +/- 52 acres is managed by the DEC and will retain these rights. Lot two of +/- 8 acres is to maintain the existing single family dwelling (doublewide) with existing well and septic. The parcel is located at 216 City Hall Road, Kerhonkson, NY (S/B/L 68.3-1-33.1 +/- 20.65 acres). The parcel is in the R-5 (rural conservation) zoning district, contains ACOE wetlands, Ulster County Habitat Core Lands and the named stream Mill Brook.
SEQRA: TBD

Mr. John Post was present on behalf of the application.

Chair Lindstrom noted that Mr. Post had made the required changes to the maps for Mr. and Mrs. Nodar.

Chair Lindstrom made the motion to type the application as an unlisted/uncoordinated action for SEQRA. Mr. Williams seconded the motion.
ROLL CALL:
Chair Lindstorm- Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
Mr. Buchbinder- Yes
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.

Chair Lindstrom made the motion to type the application as a negative declaration for SEQRA. Mr. Zurofsky seconded the motion.
ROLL CALL:
Chair Lindstorm- Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
Mr. Buchbinder- Yes
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.

Chair Lindstrom opened the public hearing.

Chair Lindstrom read an email that had come in regarding the application:
“Good Afternoon,

My name is Rachel Willard and I am contacting you on behalf of my grandmother-Lucille Willard- who lives at 333 City Hall Road, Kerhonkson NY 12446.

She would like to make the following complaint/statement:

“My only concern regarding the Nodar Sub Division is the MillBrook stream that feeds the pond in my front lawn. It also (at least on NY property) is a trout stream. Because of this, I was denied dumping soil into the stream in order to deter leaks a few years ago. I would like to know if this issue can be resolved as I would like to avoid having a swamp in my front yard.

Respectfully,
Lucille Willard”

Thank you very much and have a great day.”

Chair Lindstrom noted what the letter was requesting was out of the Planning Board’s purview.

Mr. Zurofsky advised that no one dump soil into a stream.

There were no further comments from the public.

Chair Lindstrom made the motion to close the public hearing. Mr. Pinsky seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.

Chair Lindstrom read the decision:

Decision: PB 2020-03 SBD
Minor Subdivision Conditional Final Approval

Applicant: Francis & John Nodar (Applicant & Owner)

Reason for Request: Proposes a minor 2 lot subdivision of a +/- 60.4 acre lot into two lots. Lot one of +/- 52 acres is managed by the DEC and will retain these rights. Lot two of +/- 8 acres is to maintain the existing single family dwelling (doublewide) with existing well and septic.

Location: 216 City Hall Road, Kerhonkson, NY
Total Acreage: +/- 60.4 acres
S/B/L: S/B/L 68.3-1-33.1 Zoning District: R-5 (Rural Conservation)
Parcel contains ACOE wetlands, Ulster County Habitat Core Lands and the named stream Mill Brook.

Code Enforcement Determination: Minor Subdivision
Zoning Permit: 179 of 2020

Planning Board Application: 2020-03 SBD
PB Application filed: 6/29/2020 EAF filed: 6/18/2020

SEQR Type: Unlisted, Uncoordinated – 08/10/2020
SEQR Determination: Negative Declaration – 08/10/2020
Other Agency Referrals: Ulster County DEC

Documents considered by the Planning Board for review

1. Zoning Permit 179 of 2020 determination of Minor Subdivision received 06/4/2020
2. Planning Board Subdivision application 2020-03 SBD received 6/29/2020
3. Letter of Representative powers from Francis & John Nodar to John Post received 7/6/2020
4. Short Form EAF Part 1 received 6/18/2020
5. Site Sketch Plan received 6/4/2020
6. Preliminary Site Plan received 6/30/2020. Revised 8/7/2020
7. Town of Rochester Tax Assessment for DEC managed lands, received 7/10/2020
8. Letter from TOR Highway Department received 7/30/2020

Notice of Public Hearing:

1. Published in the July 30th, 2020 edition of the Shawangunk Journal.
2. Notice by mail to known landowners within 500’.
3. Posted on the T/ Rochester Clerk bulletin board and Town of Rochester website.

Date of Public Hearing 8/10/2020 Place: Virtual Meeting(s), Accord, NY
Public Comment: (see Minutes of Town of Rochester Planning Board 8/10/2020)
* * * *
Findings of the Planning Board
1. The Planning Board received zoning referral for a minor subdivision from the Code Enforcement Officer.
2. The applicant met with the Planning Board and presented the subdivision map for review.
3. The parcel is in the R-5 zoning district. The applicant proposes the subdivision of S/B/L 68.3-1-33.1) +/- 60.4 acre lot into two lots. Lot one of +/- 52 acres is managed by the DEC and will retain these rights. Lot two of +/- 8 acres is to maintain the existing single family dwelling (doublewide) with existing well and septic. The existing plat is filed with the Ulster County Clerk.
4. The current use of the parcel is residential and woodlands. Town of Rochester R-5 zoned districts are Rural Conservation Districts, which are intended to conserve large open areas of the Town while allowing for very low density residential development. The Board encouraged the applicant to preserve the existing natural resources and woodlands as per subdivision code guidelines stated in TOR zoning code §125-21 and §125-22.
Additionally, an Ulster County Habitat Core area and a named stream (Mill Brook) are found on the rear of proposed remaining parcel (+/- 52 acres). ACOE wetlands are found at the front of the parcel and are to be almost wholly included in the new +/- 8.484 acre lot. The Planning Board discussed the preservation of the Habitat lands in the regular public meetings of 7/13/2020, and expressed the preference that no development occur within the Habitat Core area and that the (new) remaining lot remain within DEC management. This will be a condition of approval.
5. Existing site conditions includes a single-family dwelling with water and septic and accessory structures which are to remain within the new proposed lot of +/- 8.484 acres.
6. The application was determined to meet the requirements of an Unlisted SEQRA action.
• A Negative Declaration was determined upon review.
7. A Public Hearing was held.
8. The Board reviewed if the proposed lots have safe and legal access.
• The Board concludes that both proposed lots will have adequate >/= 50 foot frontage on the Town Highway City Hall Road. The Board contacted the TOR Highway Supervisor, who responded with no further comment
9. The parcel is in the R-5 zoning district. Upon review, the Board concludes that the 2 proposed lots meet or exceed the bulk standards requirements for the R-5 zoning district.
• The Board reviewed if the proposed lots could support water and septic. Proposed Lot of +/- 8.484 acres has existing water and septic. The remaining lot of +/- 52 acres is to remain undeveloped and managed by the NYS DEC.

Draft findings were prepared by the Chairman and were read and discussed by the Planning Board in public meeting at the time of adoption.

Adopted August 10th, 2020 by the following vote:
Ayes: 7 Nays: 0 Absent: 0

Motion to adopt findings by: Mr. Zurofsky
Second by : Mr. Williams
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision- Conditional Final Approval to permitting the subdivision of lands situated at: 216 City Hall Road, Kerhonkson, NY.

The subdivision plan dated June 29, 2020 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 Chair’s signature on the Final Plat.
2. The applicant shall present a Final Plat for signature. The following plat notes shall be included:
a. “The plat is not capable of being subdivided further or is so restricted”.
3. Any and all development shall comply with §125-21 and §125-22; with specific attention to be paid to §125-22 A sections # (4), (5), (7) & (8) regarding woodlands preservation. The Planning Board expresses the preference that no development shall occur within the Ulster County Habitat Core Area and that the remaining parcel of +/- 52 acres remain within NYS DEC management.
4. All required Local, County, State or Federal permits shall be secured for the current and future use of these lands.

This Conditional Final Approval shall expire 180 days from this approval date unless 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.

The Town of Rochester Planning Board further grants Minor Subdivision- Conditional Final Approval permitting the subdivision of lands upon satisfactory completion of the conditions of approval 1 & 2 and grants the authority to the Chairman to certify that the conditions have been met and review, sign and date the plat without further resolution at such time.

EFFECT of APPROVAL:

1. The owner shall file in the office of the Ulster County Clerk such approved plat bearing the Chairman’s signature and any other related documents 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.
2. The owner shall have the responsibility to return three (3) Ulster County Clerk certified copies of the filed plat and any other related documents to the T/ Rochester Planning Board within 30 days of such filing.

Adopted August 10th 2020, by the following vote:
Ayes: 7 Nays: 0 Absent: 0

Motion made by: Mr. Williams
Second by: Mr. Pinsky

PB 2020-02 SBD Public Hearing/Continued Application
RV Associates Inc./Shane Ricks (Applicant & Owner)
Minor Subdivision
The applicant proposes a minor 2 lot subdivision of a +/- 20.65 acre lot into two lots. Revised Lot 2 of +/- 16.64 acres. Proposed Lot 3 of +/- 4 acres. Lot 1 was previously subdivided and shall remain the same. The parcel is located at 106 Mettacahonts Road, Accord, NY (S/B/L 76.2-5-3.118 (+/- 20.65 acres). The parcel is in the B (Business) zoning district, is in the AG-3 agricultural district, contains farmland of statewide importance and prime farmland, is in the AP (Aquifer Protection) and FD (Floodplain Development) Overlay Districts and fronts Rte. 209, a NYS scenic byway
SEQRA: TBD

Mr. Shane Ricks was present on behalf of the application.

There was a discussion about the ag district that a portion of the purposed subdivision was in.

Mr. Ricks explained that the land itself wasn’t good for any agricultural activities, but reiterated nothing would be built on or nearby to it.

Chair Lindstrom stated what the Ulster County Planning Board had recommended:
Future Subdivision Activity The applicant has created a flag-lot to serve a proposed single-family home while leaving the remainder of the parcel for possible future subdivision/development.
Advisory Comment Given the unusual configuration of the remainder of the parcel as a result a proposed flag-lot, the Town Planning Board should be presented an understanding of the applicant’s future planned development of the rest of the parcel, at least in a conceptual or sketched form to have a better grasp of its future buildout potential.

Mr. Ricks stated that he believed the owners of the storage facility nearby would potentially buy the land.

Chair Lindstrom made the motion to type the application as an unlisted/uncoordinated action for SEQRA. Mr. Williams seconded the motion.
ROLL CALL:
Chair Lindstorm- Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
Mr. Buchbinder- Yes
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.

Chair Lindstrom made the motion to type the application as a negative declaration for SEQRA. Mr. Zurofsky seconded the motion.
ROLL CALL:
Chair Lindstorm- Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
Mr. Buchbinder- Yes
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.

Chair Lindstrom opened the public hearing.

No one from the public spoke.

Chair Lindstrom made the motion to close the public hearing. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions, 0 absent.

The Board discussed having the application on the August 31st, 2020 workshop meeting agenda for a decision, and decided it would be on. They noted the meeting would be at 6:30pm.

There was no further discussion.

PB 2020-06 SUP New Application
The Sleeping Giant Ice Cream Company/Robert Christian (Owner)
Special Use Permit/Site Plan Approval
The applicant proposes a change of use. The existing parcel is used for a retail flower shop with greenhouses. The proposed use is a seasonal (spring through fall) neighborhood ice cream shop with window exterior service and outdoor seating. No new construction is proposed. The parcel is located on Sunset Drive, Kerhonkson, NY, S/B/L 76.10-1-35.100 (+/- .572 acres). The parcel is in the H (Hamlet) zoning district, may be within 500 feet of a historic register house, fronts Rte. 209, a NYS scenic byway.
SEQRA: TBD

Mr. Robert Christian was present on behalf of the application.

Chair Lindstrom explained what the application was about.

Mr. Christian explained how he planned to remodel the current retail flower shop to make it into an ice cream shop and also do much needed landscaping around the area.

There was a discussion about the number of parking spaces and number of tables around the building. Chair Lindstrom noted it would be a walk-up service, with 7 tables available for outdoor seating, and that would provide ample parking spaces.

Chair Lindstrom noted at some point there needed to be a proper site plan, but not at that moment. She stated it would need to include where the handicap parking would be, where a dumpster would be placed, and any new and existing lighting.

The Board discussed the application further.

Chair Lindstrom made the motion to type the application as a Type II for SEQRA. Mr. Zurofsky seconded the motion.
ROLL CALL:
Chair Lindstorm- Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
Mr. Buchbinder- Yes
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.

Chair Lindstrom made the motion to refer the application to the Ulster County Planning Board, Town of Rochester Highway Department, and the Accord Fire District for their comments. Mr. Pinsky seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions, 0 absent.

Mr. Williams made the motion to set the application for public hearing at the September 14th, 2020 Regular Planning Board Meeting. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions, 0 absent.

PB 2020-03 SBD New Application
Lett Lee (Owner), Blake Arrowood (Applicant)
Minor Subdivision
The applicant proposes a minor 2 lot subdivision of a +/- 48.5 acre lot into two lots. Lot one of +/- 3.15 acres and lot two of +/- 44.89 acres. Lot one does not have direct frontage/access to a highway. Lot two shall maintain the existing single family dwellings and brewery, each with existing well and septic. The parcel is located at 236 Lower Whitfield Road, Accord, NY (S/B/L 68.4-4-28.111 +/- 48.5 acres). The parcel is in the AR-3 (residential agricultural) zoning district, and Ulster County AG-3 agricultural district.
SEQRA: TBD

Mr. Bill Eggers was present on behalf of the application.

Chair Lindstrom explained what the application was all about.

The Board discussed the maps and noted there was either a right of way or shared driveway.

Chair Lindstrom explained that the applicant could have one, either a shared driveway or right of way and it needed to be updated on the plans.

Chair Lindstrom asked Attorney Christiana if the applicant’s site plan would need to be amended due to the acreage being changed by the subdivision.

Attorney Christiana stated she would look into it.

The Board discussed sending the application to the Town Highway Department and Accord Fire District, but decided to wait until the updated plans were available at the next meeting.

There was no further discussion.

PB 2020-05 SUP New Application
Konstantinos Mastrogiannis (Owner), Lumens Holdings, LLC (Applicant)
Special Use Permit/Site Plan Approval
The applicant proposes a 2.5 KW utility scale solar farm. The parcel contains existing single family dwellings and accessory structures with existing well and septic, which are to remain. The parcel further contains fields and woodlands. The proposed use is to be partially within prime farmlands. The parcel is located at 48 Samsonville Road, Kerhonkson, NY (S/B/L 76.1-3-7 +/- 19.7 acres). The parcel is in the AR-3 (residential agricultural) zoning district, the AP Overlay District, contains prime farmlands and Ulster County AG-3 agricultural district.
SEQRA: TBD

Mr. Peter Mcauliffe, John McDough, and Frank Ruffolo from Lumens Holding, LLC were present on behalf of the application.

Chair Lindstrom explained that the applicants needed to look over #140-37, which was the Town’s solar code, as there were many items that still needed to be addressed and were missing from the initial submission. She stated that about an acre of the solar panels were to be situated on a portion of prime farm land and if they ended to keep the panels there, they would need to go to the ZBA for a Use Variance.

Mr. Mcauliffe stated that the acre of prime land was not actively being farmed and it was a small wooded section.

Attorney Christana explained that the law addressed the soil and it did not matter if the land was being actively farmed and used for farming.

Chair Lindstrom noted that they could take the section of panels off the prime farm land and not need a use variance, but if they intended to keep the plans as they were, they would need a use variance. She stated they needed to make a decision on what they wanted to do, and then come back in front of the Board for review.

There was no further discussion.

OTHER MATTERS:
Pre Meeting Authorization for non-compliant applications:

Chair Lindstrom explained it had been suggested by a Board member of giving her the authorization to meet with applicants before a meeting in order to weed through those who had applications that were non-compliant or in need of direction, before they came in front of the Board.

Mr. Williams noted he felt that was taking away the public’s ability to be involved with applications and to gain knowledge of the process.

Chair Lindstrom stated she agreed.

There was no further discussion.

ADJOURNMENT:

Chair Lindstrom made the motion to adjourn the meeting at 9:13pm. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions, 0 absent.

Respectfully Submitted,

Brianna Tetro, Secretary
Accepted and Adopted, as Amended, September 14th, 2020