PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF August 14th, 2017 Meeting of the Town of Rochester PLANNING BOARD, held at the Town of Rochester Community Center, Accord, NY.
Chairman Baden asked everyone to stand for the pledge to the Flag.
The Secretary did roll call attendance.
PRESENT: ABSENT:
Michael Baden, Chairman Maren Lindstrom, Vice Chair
Laurence DeWitt Rick Jones
Alonzo Grace Patrick William
Rebecca Collins
Also present:
Shaye Davis, Secretary. Mary Lou Christiana, Attorney for the Town
ANNOUNCEMENTS AND COMMUNICATIONS
Chairman Baden had nothing to report.
TRAININGS
Chairman Baden had nothing to report.
ACTION ON MINUTES
Mr. DeWitt motioned to adopt the June 12th and July 10th minutes. Ms. Collins seconded.
Motion carried. All in favor
4 ayes, 0 nays, 3 absent, 0 abstentions
2016-02 SUP Continued Application, Public Hearing (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 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: Type II
Julie Harris was present on behalf of the application.
Chairman Baden stated that the Board had re-referred the application to the Ulster County Planning Board and the New York State Department of Transportation for their comment. The Ulster County Planning Board stated that there was no county impact with the application since the riding arena had been removed. The Department of Transportation stated that the reclassification of the project now let’s the application fall under the home business category, therefore a residential driveway can serve a home business and the existing access was acceptable and there was no further review.
There were no comments from the Board. Chairman Baden opened the application for public hearing.
There were no comments from the public regarding the application.
Mr. Grace motioned to close the public hearing. Mr. DeWitt seconded the motion.
Motion carried. All in favor
4 ayes, 0 nays, 3 absent, 0 abstentions
The Board reviewed draft findings and decision prepared by the Chairman.
Findings of the Planning Board
1. The Planning Board received zoning referral for Site Plan Approval for a “Commercial Stables” use from the Code Enforcement Officer and an application, EAF, Site Plan, and related documentation from the applicant.
2. The application was re-referred by the CEO after amendment for Special Use permit “Multiple Permitted Uses” review; Commercial Stables and Residential Use.
3. The parcel is located in the ‘AR-3’ zoning district pursuant to the Town of Rochester zoning code.
4. The parcel is contiguous to the Town of Wawarsing.
5. The parcel to be developed is known as S/B/L 76.3-2-35.11
6. The parcel has road frontage on Route 44/55, a NYS DOT maintained highway.
7. The parcel existing use is residential use.
8. Existing improvements on the parcel include 2 single-family houses, 6 apartments, a garage, asphalt driveway, parking area, pond, well, and septic.
9. The application initially proposed a change of use. Proposed use to include 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.
10. The site plan initial proposal presented new construction of
a. 9800-sf barn/riding arena.
b. Horse trailer parking
c. Proposed 15 parking spaces
d. Septic area
e. Manure storage area
f. Driveway improvements
11. The application was amended to delete these improvements and will include fenced in horse paddock areas with temporary run-in sheds instead.
12. NYS DOT expressed concerns of site distance and public road access. With the amended application, the NYS DOT expressed no concerns or requirements of new access.
13. The application was required to be referred to the Ulster County Planning Board which returned a comment of “Required Modifications”. The application was rereferred to the UCPB after amendment which returned a comment of “No County Impact”.
14. The application was determined to be an Unlisted SEQRA use. After amendment, it was re-determined to be a Type II SEQRA action.
15. The Planning Board finds the use proposed will have minimal if any impact on the community. It is a creation of an agricultural activity which is expressly desired according to the town’s comprehensive plan.
Draft findings were prepared by the Chairman and were read, discussed, and amended by the Planning Board.
Adopted Aug. 14, 2017
Ayes: 4 Nays: 0 Absent: 3
Motion to adopt findings by Mr. Dewitt
Second by Mr. Grace
* * * *
RESOLVED,
The Town of Rochester Planning Board
Grants Special Use – Conditional Approval to LH Equine Properties permitting multiple permitted uses of a parcel for commercial stables and residential use for the lands situate at 5883 Route 44/55, known as S/B/L, 76.3-2-35.11 and located in the ‘AR-3’ zoning district.
The amended Site Plan presented July 10, 2017 is approved with the following conditions.
Conditions of Approval:
1. 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 Site Plan.
2. Prior to issuance of a certificate of compliance and commencing operation all applicable provisions of New York State Uniform Fire Prevention and Building Code associated with the use and/or structures shall be met.
3. Existing apartments use shall be allowed to continue as approved by the Code Enforcement Officer. These apartments may be additionally utilized for the use Commercial Stables as an office and/or classroom with this approval.
4. The driveway shall be maintained to NYS Fire Code regulation and standards.
5. Animal waste products shall be stored as per Ulster County Dept. of Health regulations.
6. Fence enclosures shall be maintained to keep animals in a secure and safe manner and to prevent intrusion on neighboring parcels.
7. 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.
8. There shall be no changes in signage or 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.
9. 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.
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.
Adopted Aug. 14. 2017, by the following vote:
Ayes: 4 Nays: 0 Absent: 3
Motion made by Ms. Collins
Seconded by Mr. Dewitt
2017-06 SBD Continued Application, Public Hearing
Minor Subdivision, Conservation Subdivision
2017-03 SPA Amendment to approve Site Plan 2010-02SPA
Vinci Farm LLC
Proposes 4 lot subdivision of a ±35.003-acre parcel with shared driveway.
Proposes amendment to Site Plan 2010-02SPA.
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: Unlisted Action
Bill Eggers was present on behalf of the application.
Mr. Eggers explained to the Board what was going on with the application and where they were at. He stated that in order to make the subdivision happen they would have to do a conservation subdivision due to one of the lots being under the amount of acreage needed for the amount of existing houses on the lot. He stated that the plan was to use the existing driveway for all the lots. He noted that lot 4 showed to have a proposed house and proposed septic area and that was the only lot that did not have significant structures on it besides some run-in shelters.
Chairman Baden asked if Lot 4 was planned on being built on or was it just proposed to show the lot could sustain a house.
Mr. Eggers stated that he believed at that point the owner may put a house on the property for himself at some point.
Chairman Baden stated that the conservation easement was part of all the lots. It would be a total of 17.5 acres of the 33.8 acres.
The Board determined that the conservation easement space does not have to be contiguous land.
The Board discussed if the open space would be for the public but determined that it was more for the community of the lots to use for recreation.
Ms. Collins asked who takes care of the easement.
Chairman Baden stated that the easement would be written in the conditional approval and that the applicant would have to have that easement and homeowners association before the final plat could be signed. He stated that Mr. Medenbach gave the Board a narrative about how the subdivision met a conservation subdivision.
Mr. DeWitt asked if the studio was still active.
Mr. Eggers stated that the studio was in fact active.
Mr. Grace asked if the driveway met the New York State Fire Code.
The Board discussed of the driveway met fire code and if the proposed home on lot 4 would change things even though all the lots had road frontage.
Mr. Eggers stated that the drive was 600 feet to lot 3.
Chairman Baden stated that the other driveways could be considered as pull offs. He added that the driveway did have a name of Old Pilgrims Way and that he spoke with the Highway Department and that they thought it was classified as a private road but Chairman Baden stated that there was no indication anywhere showing that it ever was classified as a private road and had always been a driveway.
Attorney Christiana stated that the Board could refer the application to the fire company and see what they have to say.
The Board stated that the applicant could make the driveway for lot 4 to be within the first 500 feet of the driveway and that they could make it a condition in the approval and that it would solve the issue of the fire access.
Chairman Baden asked if there were any shared wells and if they crossed any lot lines.
Mr. Eggers stated that the homes on the same lot probably share a well but none of them cross the lot lines.
Chairman Baden noted that the parking for the film studio was on the same lot as the studio.
Mr. DeWitt what a reputed septic was.
Mr. Eggers stated that the septic pre-dates and that the homeowners have an idea where the septic was and the only way to find out was if you dig the septic up.
Chairman Baden stated that the solar panels were remaining with lot one and asked if the solar panels only service the film studio.
Mr. Eggers did not know and stated that he would check with Mr. Medenbach about the solar panels servicing the other homes.
Chairman Baden stated that the Ulster County Planning Board did send back comments about the subdivision. The comments stated that the applicant would need Health Department approval for waste and drinking water as necessary for the proposed home. He stated that the comments also talked about the shared driveway and that the final plat would need to indicate an access easement for each of the 4 lots and that a driveway easement should also be established. Chairman Baden stated that the Board had already established that that was not correct and not necessary and that it can be overruled in the future.
There were no further comments from the Board.
The Board reviewed Part 2 of the SEQRA EAF form. All questions were determined to be no or small impact.
Mr. DeWitt motioned to adopt a negative declaration under SEQRA. Mr. Grace seconded the motion.
Motion carried. All in favor.
Chairman Baden – Yes Collins- Yes
Williams – Absent Grace – Yes
DeWitt – Yes Jones – Absent
Lindstrom – Absent
4ayes, 0 nays, 3 absent, 0 abstention
Chairman Baden opened the application for public hearing.
Cathleen Stachelrodt stated that she lived at 145 Samsonville Road which property bordered the Vinci Farm property and that at one point the fence from Vinci Farms was on her property. She asked what a conservation easement was and if they were going to make the pond on lot 4 part of it and if it meant that no one could do anything with it.
Mr. Eggers showed Ms. Stachelrodt the map where the easement would be.
Mr. DeWitt asked if part of the pond was on Ms. Stachelrodt’s property.
Chairman Baden stated that the pond went right up to her property. He also explained how the applicant could not build a home or a business in the section of the conservation easement.
There were no other comments from the public.
Mr. DeWitt motioned to hold the public hearing open until the September meeting. Mrs. Collins seconded the motion.
Motion carried. All in favor
4 ayes, 0 nays, 3 absent, 0 abstentions
Chairman Baden stated that for the next meeting the Board will need certification for lot 4 stating that it could support water and septic, information about the solar panels and the home owner’s agreement.
Pre-Application
Minor Subdivision
Anne Marie Rusolo, owner and Amanda Salud, applicant.
Proposes 2 lot subdivision of 5 acre parcel with shared driveway.
Poject 32 Road. S/B/L #76.4-2-11.6, R-2 zoning district.
SEQRA: TBD
Mr. DeWitt recused himself at 7:50pm for this part of the meeting.
Amanda Salud was present on behalf of the application.
Chairman Baden stated that the Board did receive a letter if authorization but it was signed by the executor of the will and that the Board would need a copy appointing the person executor of the will.
Ms. Salud stated that should like to know if the lot would have sustainability if subdivided.
Chairman Baden stated that he spoke with the Code Enforcement Officer earlier in the day and that the applicant was proposing 2, two family homes and that the property was in a R-2 district so in order to have 2, two family homes the applicant would need 8 acres because it would be 2 acres per residence. He stated that Ms. Salud could require 3 more acres to make it 8 acres total or that she could go in front of the Zoning Board of Appeals and get an area variance.
Mr. Grace stated that you could have a 5 bedroom home but you could not put up 2, 1 bedroom homes?
Chairman Baden stated that according to the Code Enforcement Officer yes, because you could not have two homes on each property. He asked Ms. Salud how the homes would be set up.
Ms. Salud stated that it would be more like a mother-daughter home and that they would have a relationship with each other.
Chairman Baden stated that in the future it could become two complete separate dwellings and be rented out on a lot that would not be sufficient.
Ms. Salud asked the Board about flag lots and how it would work with one lot not having frontage and setbacks.
Chairman Baden stated that as long as the lot has 50 feet of frontage she can choose to have a shared driveway if wanted. He added that the corner lot could choose what side was the front yard.
Ms. Salud asked about parking.
Chairman Baden stated that each dwelling will need 2 spaces so if Ms. Salud continued with the 2, two family homes she would need 4 lots for each parcel.
Ms. Salud stated that the previous owners mentioned something about a 100 foot setback from the spring boxes or “natural springs” on the property and how that worked. She stated that she read somewhere that if may require someone to come look at them.
Chairman Baden stated they have setbacks from named streams and wetlands. He stated that if the wetlands on her property she would have to adhere to the buffers but if not she could do her own self-imposed buffers from the wetlands.
Ms. Salud asked the Board what was needed to further this.
Chairman Baden stated that the next step would be to file an application with the Planning Board, the short Environmental Assessment Form and the Agriculture Statement if needed.
At 8:23pm Mr. DeWitt returned to the meeting.
Chairman Baden noted that there may be a special meeting on August 28th for other applications and at that meeting the Board could discuss the Town Laws at that meeting.
Ms. Collins motioned to hold a meeting on August 28th 2017 for review for the two Borrego Solar Project, a referral from the Zoning Board of Appeals regarding SEQRA and the Zoning Law changes. Mr. Grace seconded the motion.
Motion carried. All in favor
4 ayes, 0 nays, 3 absent, 0 abstentions
Ms. Collins motioned to adjourn the meeting. Mr. DeWitt seconded the motion.
Motion carried. All in favor
4 ayes, 0 nays, 3 absent, 0 abstentions