Planning Board Minutes August 31st, 2020

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

MINUTES OF August 31st , 2020 WORKSHOP MEETING OF the Town of Rochester PLANNING BOARD, held at 6:30 pm via Zoom and live streamed on YouTube.

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
Sam Zurofsky
Zorian Pinsky
Ann Marie Maloney *7:05pm

Also present:
Brianna Tetro, Secretary. Mike Baden, Town Supervisor and Meeting Host.

APPLICATION REVIEW:

PB 2020-02 SUP 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: Negative Declaration- 8/10/2020

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

Chair Lindstrom explained what the application was about and stated the applicant had provided a color rendering list and had changed the roof to a pitched roof.

Mr. Jones started he thought the Board had discussed the roof being the same as the one of the building across the street.

The Board discussed and stated they wanted the pitched roof, not the roof that was similar to the building across the street, which was a gas station and didn’t fit with the character of the neighborhood.

Chair Lindstrom read the decision:

Decision 2020-02 SUP
Special Use and Site Plan Approval Conditional Approval

Applicant: Willingham Engineering
Owner: William Cafiero (dba Prop William Cafiero, LLC

Reason for Request: 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.

Location: 6122 NYS County Route 209, Kerhonkson, NY
S/B/L: S/B/L 76.1-3-33
Total Acreage: ± 1.3 acre parcel
Zoning District: B (Business) zoning district

Code Enforcement Determination: Special Use and Site Plan Approval
Zoning Permit: 140 of 2020, dated 05/18/2020

Planning Board Application: 2020-02 SUP/SPA
PB Application filed: 05/18/2020
EAF filed: 05/18/2020
SEQR Type: Type II, no further action required

Other Referrals: Ulster County Planning Board, Ulster County Department of Transportation, Ulster County Department of Health

Documents considered by the Planning Board for review for amended application:

1. Zoning Permits 140 of 2020, dated 05/18/2020. determination of Special Use, Fast-Food
2. Planning Board Special Use application, 2020-02-SUP received 05/18/2020
3. Short Form EAF Part 1, received 05/18/2020
4. Survey Sketch Map, received 05/18/2020
5. Site Plan, Building Renderings; Photometric Plan, Lighting & Lighting Tear Sheets; Parking, Traffic and Landscaping Construction Grading Utility and Sediment Control and other site details, prepared by Willingham Engineering received 6/08/2020; revised 6/22/2020, 6/29/2020, 8/31/2020 and revised renderings of 8/28/2020 and 8/31/2020.
6. Traffic flow and building design details of site received 06/29/2020
7. Narrative of project received 05/22/2020.
8. Letter of Representation from Mr Cafiero for Mathew Towne of Willingham Engineering, dated 07/12/2020
9. UCPB review memo, dated 08/06/2020
10. Letter from Willingham Engineering addressing UCPB comments dated 8/10/2020

Notice of Public Hearing:

1. Published in the Shawngunk Journal July 30th, 2020
2. Notice by mail to known adjacent landowners
3. Posted on the T/ Rochester Clerk bulletin board and town website.

Date of Public Hearing: August 10th, 2020
Place: Accord Community Center, Accord, NY and by video/teleconference remote dial-in.
Public Comment: (see Minutes of Town of Rochester Planning Board 08/10/2020)
* * * *
Findings of the Planning Board with review of the updated application:

1. The Planning Board received a zoning referral for a Fast Food Drive Through and Deli style service restaurant located at 6122 NYS County Route 209, Kerhonkson, NY. The applicant proposes a restaurant offering drive-through ordering and pick-up in the front of the restaurant and deli access with limited seating through the rear of the restaurant.
2. The site previously served as a diner (the Rainbow Diner) and presently is a vacant partially asphalted parcel with a right-of-way to an interior parcel passing along the north/northeastern lot line. Contiguous parcels are commercial and residential. Contiguous parcels are zoned AR-3-Residential Agricultural 3 acre, B-Business and H-Hamlet.
3. The Planning Board further received a Site Plan and Special Use application, EAF, Sketch and Site Plan(s) and related documentation from the applicant, cited above.
4. The parcel to be developed is known as S/B/L 76.1-3-33.
5. The parcel has road frontage onto County Route 209 a NY State Department of Transportation (NYS DOT) maintained highway. The applicant contacted and met with the NYS DOT to discuss safe ingress and egress onto Route 209 and internal traffic flow for the drive-through ordering and pick-up. NYS DOT requested limiting entrance widths (curb cuts) and limiting the southern access to “EXIT-ONLY” with the northern access point remaining a two way entrance and exit point. NYS DOT final approval/driveway permit shall be a condition of approval.
6. The parcel is located in the ‘B-Business’ zoning district and the use complies with the standards of such district.
7. The Board requested an overlay of the site plan on an aerial photo base map.
8. The Board determined the action to be a SEQRA unlisted/uncoordinated Action. A negative declaration was determined August 10th. 2020
9. The applicant proposes a restaurant offering drive-through ordering and pick-up in the front of the restaurant and deli access with limited seating through the rear of the restaurant. Outdoor seasonal seating at picnic tables is proposed. The use shall be compliant with all articles of § 140-20 General Commercial and Industrial Standards as a condition of approval.
a. Building Design: The applicant proposed a variety of roofing and detailing in architectural renderings. The Board ultimately decided with the applicant on a simple gable roof, with facades meeting the criteria of TOR §140-20 (B)
b. Parking: The applicant proposes ten (10) parking spaces inclusive of one ADA compliant parking space. As the proposed use is “split” between the commercial food preparation and take-out service area and a limited seating area of 300 square feet the parking requirements further are “split” between commercial and restaurant parking requirements. The applicant requested and was granted by vote a waiver from the full commercial parking requirements as the Board determined this would be an excessive amount of parking and that the parking shall serve the 300 square feet of limited seating, not the total square feet of the structure. A bicycle rack is provided and indicated on the site plan. Parking shall otherwise meet the standards of TOR municipal code §140-17.
c. Lighting: A lighting plan, photometric plan and lighting tear sheets were provided by the applicant. Average foot candle illumination at the property lines are shown on the photometric plan and are below required 1.0 foot candle limit. Proposed driveway and parking lighting is shown additional to entrance and structurally mounted lighting. All proposed lighting is fully-shielded dark sky compliant lighting, and thus meets TOR §140-20 (H) Lighting requirements.
d. Signs: The Main Site sign is proposed to be an interior illuminated sign located centerline to the restaurant 6’ in height and 7’ 6” in width and located within the planter bed/20’ landscaping strip along the roadway. Interior wayfaring, and restricted area signage is indicated on the site plan to direct traffic for the drive-through queue and to indicate required ingress/egress from Route 209. Signage examples were provided by the applicant. The Board determined proposed signage would be sufficient for traffic and pedestrian management and safety. The Board requested and the applicant agreed that the illuminated Main Site sign would remain illuminated only during operation hours for the proposed restaurant as a condition of approval.
e. Sound/Noise: The Town has no noise ordinance, however §140-20 (F) General Commercial and Industrial Standards of the Town of Rochester zoning code addresses sound standards for any newly proposed use of a parcel. The Board determined that proposed use would cause a low to nonexistent increase in noise at the periphery of the property and that sound would be compliant with TOR§140-20.
f. Landscaping: Proposed landscaping emphasizes the use of native plantings and a schedule of materials to be used and location was provided with the site plan. A grass/lawn area is provided in the rear of the restaurant for seasonal outdoor dining on picnic tables. Initial site plan did not include the required 20’ landscaping strip (for parcels fronting Route 209) with one deciduous tree per 35’ linear feet. This was added to the revised site plan. Dumpster and mechanicals locations and screening are indicated on the site plan. The Board determined that the landscaping plan complied with town municipal code §140-15.
g. Water/Wastewater and Well: existing septic has been reviewed by UCDOH. The applicant is working with the UCDOH to determine best siting and size for well and septic. UCDOH approval of water and septic shall be a condition of approval. UCDOH approval shall further be required for the restaurant use.
10. 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.
11. Public hearing was held on August 10th, 2020. All public concerns, observations and support were duly taken into consideration by the Planning Board in drafting its decision.
12. The application was required to be referred to the Ulster County Planning Board which returned the comments addressed in the following section.

Whereas,
Draft findings were prepared by the Chairman and were read, discussed and amended in public meeting by the Planning Board.

Therefore,
The Planning Board adopts these statements as written findings of the Special Use proposal

Adopted August 31st 2020
Ayes: 6 Nays: 0 Absent: 1

Motion to adopt findings by: Mr. Buchbinder
Second by: Mr. Williams
*Ms. Maloney was absent for this motion

* * * *

Ulster County Planning Board (UCPB) NYS General Municipal Law §239 Referral

Whereas,
The T/ Rochester Planning Board submitted the application for review to the UCPB pursuant to NYS GML §239.

Whereas,
The UCPB reviewed the proposal August 6th, 2020 and returned written comment stating Required Modifications.

1. NYSDOT

Comment
The applicant has conceptual approval from NYSDOT, but has not been granted final approval of their proposed access arrangement to serve the proposed site plan.
Required Modification
Final NYSDOT approval of the commercial driveway will be necessary.
Response
Final NYSDOT approval of the commercial driveway shall be a condition of approval.

2. Architecture/Design

Comment
140-21 C. Sign Review Criteria notes that “(4) Sign should be designed, sized and located to blend with buildings and landscapes;” and “(7) Sign sizes should achieve ready visibility without becoming an unnecessary distraction. Finally,
140-22 “D. General regulations. The following regulations shall apply to all signs:
(1) No part of any sign shall project above the top or beyond the ends of the wall surface on which it is located. Signs shall also not extend above the roofline of the building to which they are attached.”
Required Modification
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.
Response
Roof –To Go–signage shall be moved and placed as a wall sign on the front (Route 209) facing façade of the restaurant. The applicant proposes an alternative gable pitched roofline and sign location for the final site plan. Both shall be a condition of approval.

UCPB Required Modifications are accepted and adopted August 31st, 2020 by the following vote:
Ayes: 6 Nays: 0 Absent: 1

Motion by: Mr. Jones
Second by: Mr. Pinsky
*Ms. Maloney was absent for this motion
* * * *
RESOLVED,
Pursuant to the standards of Town of Rochester code §140, Zoning, the Town of Rochester Planning Board has reviewed the application presented and grants Special Use–Conditional Approval to, William Cafiero (dba Prop William Cafiero, LLC), Owner and Willingham Engineering, Applicant, permitting the new use Fast Food Restaurant, for the lands situate at 6122 NYS County Route 209, Kerhonkson, NY, known as S/B/L 76.1-3-33 and located in the ‘B-Business’ zoning district, subject to the conditions expressed below:
The Town of Rochester Planning Board grants Site Plan–Conditional Approval to William Cafiero (dba Prop William Cafiero, LLC), Owner and Willingham Engineering, Applicant, permitting the new use Fast Food Restaurant, for the lands situate at 6122 NYS County Route 209, Kerhonkson, NY, known as S/B/L 76.1-3-33 and located in the ‘B-Business’ zoning district, subject to the conditions expressed below:
Conditions of the 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. All Local, County, State, and Federal Laws or Codes shall be complied with for the current or future use of these lands.
3. 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.
4. Any and all other agencies’ permits or approvals which are currently required or any which may be determined in the future to be required in conjunction with the construction and/or operation of this use shall be secured or renewed as applicable. Should any conditions imposed by other agency permits cause conditions to be in conflict, the more restrictive condition shall prevail. The facility owner shall specifically secure Ulster County Health Dept. permit(s) for waste water and food service and NYS Department of Transportation Driveway Permit(s) before a Certificate of Occupancy shall be issued.
5. Should any permit approvals necessitate a change to the approved Site Plan, the matter shall be referred to the Planning Board for consideration.
6. The use shall comply at all times with all provisions of Town of Rochester code §140-20, General Commercial and Industrial Standards; and code §140-10, Lot Development Standards, or their successors.
7. Parking, access and traffic shall be in compliance with municipal code §140-17 at all times. Parking shall only be allowed in the spaces designated on the approved and signed Site Plan. Parking shall not be allowed within the public road right-of-way or within the Restaurant access driveway or designated Site Plan traffic aisles at any time. Parking shall not interfere with the movement of emergency vehicles, including but not limited to Fire, Police and Emergency Medical Transport all access and driveways shall be maintained to NYS Fire Code regulation and standards.
8. Landscaping shall be installed as shown on the site plan and remain compliant with §140-15 Landscaping at all times
9. Lighting shall be installed as per the specifications indicated on the Site Plan and narrative and shall be compliant with §140-20(H) at all times.
10. All refuse wastewater, graywater, and cooking grease shall be deposited and maintained in appropriate containers. There shall be no dumping allowed on the parcel.
11. Signage shall comply with §140-20 (F) Signs. The main exterior illuminated sign shall be as described in the Site Plan. The illuminated sigh shall be turned off during hours of non-operation (when the restaurant is closed). Pedestrian crossing, traffic management, interior wayfaring, parking, directional and restricted area signage shall be provided as per site plan.
12. Legal Right of Way access to the interior parcel shall remain unobstructed by structures and landscaped with easily removed vegetative matter as per site plan. De facto gravel drive current used as a ROW to interior lot shall remain
13. The building design shall comply with the Final Site Plan and renderings. The Final Site Plan shall be amended to include roof ‘To Go’ signage moved to the front (Route 209 facing) façade, to include a gable pitched roofline and to include a design schedule of siding and roofing materials and colors.

The Town of Rochester Planning Board further grants the authority to the Chairman to certify conditions 1 and 13 have been completed without further resolution and to sign and date the plat at such time.

EFFECT of APPROVAL:

1. This Special Use and Site Plan approval and associated conditions shall be binding upon the applicant and all successive owners of the land so long as such use(s) shall occur.
2. This approval shall remain effective as an authorization to secure the required permits and establish the use(s) 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.

Draft resolution was prepared by the Chairman and was read, discussed and amended by the Planning Board in public meeting.

Adopted August 31st, 2020, by the following vote:
Ayes: 6 Nays: 0 Absent: 1

Motion made by: Chair Lindstrom
Seconded by: Mr. Williams
*Ms. Maloney was absent for this motion

PB 2020-02 SBD 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: Negative Declaration- 8/10/2020

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

Chair Lindstrom explained what the application was all about. She stated that everything looked good in regards to the revised map, but the neighbors across the street on Mettacahonts and the other side of Route 209 still needed to be added to the final maps.

Chair Lindstrom read the decision:

Decision: PB 2020-02 SBD
Minor Subdivision Conditional Final Approval

Applicant: RV Associates, LLC- Shane Ricks President

Reason for Request: Proposes the subdivision of S/B/L 76.2-5-3.118 (+/- 20.65 acres) into 2 lots

Location: Route 209 and Mettacahonts Road, Accord, NY
Total Acreage: ±20.65 acres
S/B/L: S/B/L 76.2-5-3.118 Zoning District: B (Business)
Parcel is in the B- Business District, contains farmland of statewide importance and prime farmland, is in the Ulster County Agricultural District, AP (Aquifer Protection) and FD (Floodplain Development) Overlay Districts and fronts Rte. 209, a NYS scenic byway

Code Enforcement Determination: Minor Subdivision
Zoning Permit: 237 of 2020

Planning Board Application: 2020-02 SBD
PB Application filed: 6/22/2020 EAF filed: 6/18/2020

SEQR Type: Unlisted, Uncoordinated – 08/10/2020
SEQR Determination: Negative Declaration – 08/10/2020
Other Agency Referrals: Ulster County Planning Board, TOR Highway Department

Documents considered by the Planning Board for review

1. Zoning Permit 237 of 2020 determination of Minor Subdivision received & dated 6/19/2020
2. Planning Board Subdivision application 2020-02 SBD received 6/22/2020
3. Letter certifying lands can support septic received from Medenbach & Eggers Civil Engineering & Land Surveying 7/27/2020
4. Short Form EAF Part 1 received 6/18/2020
5. Preliminary Site Plan received 6/16/2020. Revised 7/20/2020.
6. Agricultural Data Statement received 7/27/2020
7. Letter from TOR Highway Supervisor received 7/30/2020
8. Recommendation Letter from UCPB received 8/6/2020

Notice of Public Hearing:

4. Published in the July 30th, 2020 edition of the Shawangunk Journal.
5. Notice by mail to known landowners within 500’.
6. 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 B zoning district. The applicant proposes the re-subdivision of S/B/L 76.2-5-3.118 (+/-20.65 acres) into 2 parcels of +/-16.64 (lot 2), and +/- 4.01 (lot 3). Lands were previously subdivided March 20, 2013. The existing plat is filed with the Ulster County Clerk.
4. The current use of the parcel is commercial, fallow fields and woodlands. Town of Rochester B zoned districts are Business Districts, this district is intended to provide areas for highway related commercial uses requiring large land and high visibility.
5. The lands to be subdivided are located in the Ulster County Agricultural District and contain prime farmlands and lands of state-wide significance. Ulster County Agricultural District land use encourages “agricultural operations within the district are the priority land use and afforded benefits and protections to promote the continuation of farming and the preservation of agricultural land. In practice, districts may include land that is actively farmed, idle, forested, as well as residential and commercial” [sic]. The lands to be subdivided further lie within the FD Overlay and AP Overlay Districts. The Planning Board discussed the preservation of the agricultural lands in the regular public meetings of 7/13/2020 and 8/10/2020, and discussed the odd shape of the new lot three (3), creating a flag lot where it is not necessary. The applicant’s justification was that the back corner “could be good for a single family home” and that he “planned to sell the remaining lot two (2) as it is in its entirety”. The Planning Board Chair stated that the proposed subdivision layout appeared awkward and was not in the spirit of the UC Ag district mandate as it did not strive to preserve and create parcels that would be readily usable for agricultural uses.
6. The applicant initially indicated a right-of-way from the proposed lot three (3) to Route 209, but withdrew this plan element when the Planning Board required submittal of the proposed subdivision to the NYS DOT as this ROW would constitute access to Route 209 a NYS DOT managed highway.
7. The applicant previously subdivided the lands in 2013 and placed a Storage Facilty on the subdivided lands (lot 2).
8. The applicant stated that he had no plans to further subdivide the property.
9. The application was determined to meet the requirements of an Unlisted SEQRA action.
• A Negative Declaration was determined upon review.
10. A Public Hearing was held.
11. The Board reviewed if the proposed lot has safe and legal access.
• The Board concludes that proposed lots will have adequate >/= 50 foot frontage on the Town Highway Mettacahonts Road and the NYS DOT managed highway County Route 209. The Board contacted the TOR Highway Supervisor, who respectively responded that the proposed lot three (3) access meets NYSDOT and TOR access requirements.
12. The parcel is in the B zoning district. Upon review, the Board concludes that the 2 proposed parcels meet or exceed the bulk standards requirements for the B zoning district.
• The Board reviewed if the proposed lots could support water and septic. Percolation Tests for septic were performed by Meddenbach and Eggers Civil Engineering & Land Surveying. The Planning Board received engineer certification that the new lot three (3) can support water and septic.
• The Board requested the final site plan showed the proposed location of septic, well, access (ingress-egress) and structures be detailed.

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 31st, 2020 by the following vote:
Ayes: 7 Nays: 0 Absent: 0

Motion to adopt findings by: Mr. Zurofsky
Second by : Mr. Williams
* * * *

Ulster County Planning Board (UCPB) NYS General Municipal Law §239 Referral

Whereas,
The T/ Rochester Planning Board submitted the application for review to the UCPB pursuant to NYS GML §239.

Whereas,
The UCPB reviewed the proposal August 6th, 2020 and returned written comment stating:

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.

Response
The Planning Board concurs that while the design of the subdivided lot meets the bulk standard for the B Business District and access and lot frontage requirements it is a suboptimal use of Ulster Count Agricultural District and prime farmlands. Nor does it optimize the use or follow the spirit of the Business zoning district. The applicant has stated no further plans for subdivision.
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision- Conditional Final Approval permitting the subdivision of lands situated at: 106 Mettacahonts Road and Route 209, Accord, NY.

The subdivision plan dated July 20th, 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 on the recorded Final Plat Map: (1) “any further subdivision shall be treated as a major subdivision under TOR subdivision law §125”; and (2) “No further flag lots shall be allowed; (3) No further lots shall have access from the proposed flag lot three (3)” right-of-way; and (4) indicating the deed libor and page and S/B/L for the properties located across Mettacahonts Road and located across Route 209. The flag lot restrictions shall further be incorporated in deed covenants.
3. The Final Plat shall show the proposed location of septic, well, access (ingress-egress) and structures for the proposed lot three (3).
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 – 3 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 31st, 2020, by the following vote:
Ayes: 6 Nays: 1 Absent: 0

Motion made by: Chair Lindstrom
Second by: Mr. Williams

OTHER MATTERS:

Mr. Zurofsky made the motion for the Chair to draft a response to TOR Town Board Request for comment on amending TOR Comp Plan with the addition of the Open Space Inventory, The Natural Heritage Plan and the Historic Resources Reconnaissance Survey. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.

The Board discussed drafting a dumpster and littering code with a cover letter for the Town Board. The Board discussed suggesting at any time a change to/addition to Town Code.
Chair Lindstrom stated The Town Board had discussed adding this to the code repeatedly in the past. She stated they now had a bigger and bigger problem with the increasingly transient nature of much of the Town and that could be combined with the Solid Waste Chapter or stand alone.
The Board discussed the proposal and decided they would send letters as individual citizens.

ADJOURNMENT:

Mr. Zurofsky made the motion to adjourn the meeting at 7:27pm. Chair Lindstrom seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions, 0 absent.

Respectfully Submitted,

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