Planning Board Minutes December 10th, 2018

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

MINUTES OF December 10th, 2018 Regular Meeting of the Town of Rochester PLANNING BOARD, held at the Harold Lipton Community Center, Accord, NY.

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

The Secretary did roll call attendance.

PRESENT: ABSENT:
Maren Lindstrom, Chairperson Laurence Dewitt
Rick Jones
Alonzo Grace
Patrick Williams
Brian Buchbinder
Sam Zurofsky

Also present:
Brianna Tetro, Secretary. Shaye Davis, Former Secretary. Mary Lou Christiana, Attorney for the Town. Zorian Pinsky, Alternate.

ANNOUNCEMENTS AND COMMUNICATIONS

Mr. Buchbinder motioned to cancel the December Workshop meeting. Mr. Willaims seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

Mr. Williams motioned to establish the 2019 Workshop meeting schedule. Chairperson Lindstrom seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

Chairperson Lindstrom reminded the Board of the 2019 Regular Meeting schedule.

Chairperson Lindstrom stated that Mr. Laurence DeWitt would be resigning from the Board at the end of 2018.

TRAININGS

Chairperson Lindstrom informed the Board of the 2019 Annual Meeting & Training School that is to take place February 17-20, 2019 at the New York Marriott Marquis.

Chairperson Lindstrom reminded the Board that members needed to have their annual required training hours finished by the end of 2018.

ACTION ON MINUTES

Mr. Jones motioned to accept the October 11th, 2018 Planning Board Minutes as corrected. Mr. Buchbinder seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

Mr. Jones motioned to table the November 8th, 2018 Planning Board Minutes until the January 14th, 2018 Regular Planning Board Meeting. Mr. Williams seconded the motion.

All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

PB 2018-09 LLI New Application
Lot Line Improvement
Jennifer & Dorothea Collins
Proposes a lot line adjustment to combine 2 lots (tax lot adjustment). One large +/- 24 acre lot with a small +/- .01 acre unused burial plot into one lot. S/B/L 60.3-2-34 and S/B/L 60.3-2-53
Located at 8 Golden Lane, Kerhonkson, NY. R-2 Zoned
SEQRA: Type II Action (by code)

John Gerd from Heidecker Land Surveying was present on behalf of the application.

Mr. Gerd explained that a former owner had intended to be buried on the property and he had obtained a burial plot on a very small lot of land. However, he had not been buried on the property and so the current owners wanted to combine the two lots into one parcel. He further stated that there is a cemetery near the property, Sunnyside Cemetery, but it has a separate entrance and is on the other side of a rock wall. He explained the cemetery was not on the Collins’ property.

There were no questions or comments from the Board.

Mr. Jones motioned to accept the Lot Line Improvement. Mr. Williams seconded the motion.
All in favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

PB 2018-010 LLI New Application
Lot Line Improvement
Jennifer, Jeffrey & Ann Marie Greer
Proposes a lot line adjustment to transfer +/- 0.5 acres from S/B/L 68.4-5-1.21 (+/-9.5 acres) and S/B/L 68.4-5-2 (+/- 19.4 acres)
Located at Mettacahonts Road, Accord, NY. R-5 Zoned
SEQRA: Type II Action (by code)

Jennifer Greer was present on behalf of the application.

Ms. Greer explained what the Lot Line Improvement was about.

Ms. Greer explained there was a subdivision still on the map but that she undid it for tax purposes and the property was actually one big piece, not two as it was being shown on the map.

Attorney Christiana asked how Ms. Greer went about undoing the subdivision.

Ms. Greer explained that she went in to Real Property and stated she did not want the subdivision any longer and then it disappeared. She stated she spoke with someone at Real Property and they stated on-line the parcel was shown as one piece, not two.

The Board discussed the survey map. They concluded there was a need for more clarification in order for the Lot Line Improvement to be approved and new maps would need to be made.

There were no further comments or questions from the Board.

Chairperson Lindstrom motioned to table the Lot Line Improvement Application until new maps were made. Mr. Williams seconded the motion.
All in Favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

PB 2018-12 SPA Continued Application/Public Hearing
Alex Banner (Applicant), Aquarius Star Corp. C/O Joe Esposito (Owner)
Adaptive Reuse under TOR code 140-18C, Economic Enterprise Overlay District (EEO), requiring Planning Board Site Plan Approval
Applicant proposes the adaptive reuse of a 12,000 SF building currently used as offices, an apartment and storage into a woodworking and other small artisanal craftsman’s workshop(s) and offices.
S/B/L 77.1-2-42.120 & S/B/L 77.1-2-42.130. AR-3 Zoned, AP & FP overlay, ACOE Wetlands & NYDEC protected stream on parcels
SEQRA: Type I, Neg. Dec 10/4/2018

Mr. Alex Banner was present on behalf of the application as well as Mr. Thomas Kentop from Medenbach and Eggers.

Chairperson Lindstrom explained to the Board and public what the status of the application was.

There were no questions or comments from the Board.

Chairperson Lindstrom made the motion to open the Public Hearing. Mr. Williams seconded the motion.
All in Favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

Michael Baden stated he just wanted to speak on behalf of the Town Board and said that they felt that this was a great project and a great re-use of the property. It was a property that had kind of bounced around and had a lot of different uses over the years and they thought it was going to be a great success. He stated he could talk about the County Planning Board because he wasn’t allowed to talk about it on their end, Dennis Doyle was very complimentary about the application and said the County complimented the Town on the first EEO application and he just wanted to speak on behalf of the Town and wanted to say they hoped the Board would adopt the application.

Zorian Pinsky, alternate member of the Board, spoke as a concerned public citizen. He stated he just wanted to make sure that Mr. Banner was aware of the fact that there can be no ‘adult use’ of the building within 500’ feet of an adult care or daycare facility.

There were no other comments from the public.

Mr. Zurofsky motioned to close the public hearing. Mr. Buchbinder seconded the motion.
All in Favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

Chairperson Lindstrom asked for clarification of the informal right of way on the map. She stated it looked like there were two pieces of land and wanted to know how Mr. Banner’s neighbor came in.

Mr. Banner stated that his neighbor had an access point on another property from Lucas Ave.

There were no further questions or comments from the Board. The Chairperson read the decision.

Decision: PB 2018-12 SPA
Site Plan Approval Conditional Final Approval

Applicant: Alex Banner (applicant) Aquarius Star Corp. c/o Joe Esposito (owner)
Reason for Request: Adaptive Reuse under TOR code § 140-18C, Economic Enterprise Overlay District (EEO), requiring Planning Board Site Plan Approval
Applicant proposes the adaptive reuse of a 12,000 SF building currently used as offices, an apartment and storage into a woodworking and other small artisanal craftsman’s workshop(s) and offices.

Location: 2900 Lucas Turnpike Accord, NY
S/B/L: 77.1-2-42.120 and 77.1-2-41.130
Total Acreage: +/- 6.4 acres
Zoning District: AR-3, AP & FP Overlay

Code Enforcement Determination: Adaptive Reuse/EEO 140-18C
Zoning Permit: 251 0f 2018 received July 30th, 2018 & 361 of 2018, filed October 25th, 2018

Planning Board Application: 2018-12 SPA
PB Application filed:
EAF filed: 7/2/2018
SEQR Type: Unlisted/Uncoordinated, Negative Declaration August 13, 2018

Other Referrals: Ulster County Planning Board

Documents considered by the Planning Board for review for the application:
2. Zoning Permit 18/251 for EEO 140-18C received 7/30/2018 & Zoning Permit 18/361 for LLI received 10/25/2018.
3. Planning Board Special Use/Site Plan application 2018-12 SUP/SPA, received Oct. 12, 2018, dated 7/23/2018 and Planning Board LLI Application, dated 10/29/2018
4. Narrative Letter from applicant detailing proposed project received 10/29/2018
5. EAF, Long Form, filed 7/20/2018
6. Site Plan for Lot Line Improvement, dated October 16th, 2018
7. Lot Line Improvement Decision November 9th, 2018
8. Site Plan, received Sept 4th, 2018 dated June 1st, 2018
9. Economic Enterprise Overlay District approval, SEQRA Documentation (EAF Parts 1,2 & 3) and Agricultural Data Statement from Town Board, received 10/9/2018
10. Agricultural Data Statements, received 10/12/2018 and 10/29/2018
11. Letter from Michael Moriello, ESQ re application, received October 12th, 2018
12. Letter from UCDPW, received 10/29/2018
13. Letter with aerial view map from TOR CEO regarding right of way received 10/31/2018
14. Sketch of proposed structure received November 9th, 2018
15. UCPB “required modifications” comment letter regarding EEO received 10/15/2018
16. Second UCPB “required modifications” comment letter regarding SPA received 12/10/2018

Notice of Public Hearing:

1. Published in the November 29th, 2018 Shawnagunk Journal
2. Notice by mail to known adjacent landowners.
3. Posted on the T/ Rochester Clerk bulletin board and town website.

Date of Public Hearing: December 10th, 2018 Place: Community Center, Accord, NY
Public Comment: (see Minutes of Town of Rochester Planning Board, December 10th, 2018)
* * * *
Findings of the Planning Board with review of the application
1. The Planning Board received a zoning referral for the adaptive reuse of a 12,000 SF building currently used as offices, an apartment and storage into a woodworking and other small artisanal craftsman’s workshop(s) and offices. The Adaptive Reuse is classified under TOR code §140-18C, Economic Enterprise Overlay District (EEO), which requires Planning Board Site Plan Approval. The EEO permits a broad range of uses that work in harmony to accomplish the following objectives [among others]: active utilization and reinvestment in underutilized properties, including adaptive reuse. The EEO zoning amendment must first be approved by the Town Board. The Town Board approved the EEO on October 4th, 2018
2. The applicant submitted a sketch of the proposed structure and a narrative of the proposed new use(s). The current proposed use is a woodworking shop, a furniture storage area for a commercial furniture company and a chiropractor’s office. Future proposed operations would be to add additional artisanal craftsman shops. The applicant does not propose onsite retail, showroom or gallery spaces for the artisans.
3. The Planning Board received a Site Plan and Special Use application, EAF, Agricultural Statement and related documentation from the applicant and the Town Board.
4. The parcel is approximately +/- 6.4 acres and is known as 77.1-2-42.120 and 77.1-2-41.130. Contiguous parcels are used for farming, are residential or currently undeveloped woodlands. Contiguous parcels are zoned AR-3 and R-2 and AG-3.
5. The parcel has road frontage onto Lucas Avenue, a county maintained highway.
6. The applicant contemporaneously applied for and was granted a Lot Line Improvement to combine S/B/L 77.1-2-42.130 with S/B/L 77.1-2-42.120, before the PB considered the site plan changes. The applicant submitted a new site plan to reflect the combination of the two parcels.
7. The parcel is located in the ‘AR-3’ zoning district & an AG-3 agricultural district. An Agricultural Statement was prepared and presented to the Board. The parcel(s) are not currently used for agriculture. The parcel contains a protected stream (the Rondout Creek), ACOE wetlands and contains lands in the flood plain and AP overlay districts. No building or physical alterations are to occur in said lands and the use(s) proposed have been determined to meet or exceed the Schedule of District regulations pursuant Town of Rochester zoning code. If any of the aforementioned protected lands are to be disturbed in the future, the applicant shall obtain necessary permits and follow development restrictions as a condition of approval.
8. The Board discussed the zoning standards of §140-20 General Commercial and Industrial Standards specifically proposed signage, lighting, landscaping, parking, water and septic and building design and location. The PB Chair visited the site on December 5th, 2018 and found the current parking differs from the site plan and that cleaning and leveling of the site between the car port and the rear parking and clearing of debris in the front parking area will be necessary to meet parking code and the parking indicated on the site plan.
a. Building Design and Location: The Board asked if potential structural changes would be made. The applicant stated there will be little physical changes made to the existing structure. The applicant intends to add additional large garage style doors. All dumpsters/storage/industrial waste is to remain within the structure.
b. Landscaping and Signage: The applicant stated that no changes were to be made to the parcel for signage or landscaping. The Board discussed with the applicant that additional signage indicating the new manufacturing/artisans could be beneficial and that any signage changes or additions shall be compliant with §140-15 Landscaping and §140–21 Signs.
c. Lighting. The applicant will change the exterior lighting to be compliant with TOR zoning code §140-20 (H). Proposed new dark sky lighting is detailed on the site plan.
d. Parking: site plan designated parking was determined by the Board to meet §140-17 parking standards. Current parking will need to be upgraded to meet §140-17 Parking, Loading and Traffic Standards and the site plan specifications. Parcel access is onto an Ulster County road, therefore the application was referred to UCDPW regarding the existing access drive. UCDPW responded with a determination that the access and road frontage is adequate for the proposed use(s) and for emergency access. No changes were proposed. The parcel(s) are located in the Accord Fire District.
e. Water and Septic: On the advice of the applicant’s PE, Medenbach & Eggers a larger septic tank has been installed as the existing tank was insufficient for the structure. Water and septic usage shall not exceed current usage. As there is no proposed change to existing usage (no additional bathrooms or washing facilities) it was determined by the Town Attorney that the application did not need UC Health Department referral.
f. Sound: The use was found by the Board to meet the criteria of §140-20 Sound. No mechanized machinery is to be used outside of the structure.
g. Air & Water Pollution: §140-20 (I) & (J). The applicant stated that all sawdust and industrial waste (solvents, epoxies, et. al.) from the proposed woodworking shop and future potential artisanal workshops are to be captured within the structure and disposed of off-site. This shall be a condition of approval.
9. Storm Water Management: §140-22. No changes to the parcel lands are proposed
10. The board received notice from the Code Enforcement officer that a right of way exists on the parcel. The right of way is an informal “handshake right of way” and thus, upon consultation with the Town Attorney, falls outside of the Planning Board Site Plan analysis.
11. The Town of Rochester Town Board sought and was granted lead agency for SEQRA review. The proposed use was classified as an unlisted/coordinated action under SEQRA. A negative declaration was made by the TOR Town Board on October 4th, 2018. No further review was required or conducted.
12. The application was required to be referred to the Ulster County Planning Board which returned the comments addressed in the following section.
13. A public hearing was held December 10th, 2018.
14. The Planning Board in consideration of an Economic Enterprise Overlay District is tasked with Site Plan Approval that is “in substantial conformance with the conceptual development plan that served as the basis for the zone change to an EEO District […] EEO districting encouraged active utilization and reinvestment in underutilized properties.” While not a specific condition of approval the Planning Board highly encourages the applicant to continue to reinvest further in the site through building improvements, landscaping improvements and expanded signage as per Local Law 3 of 2018 section §140-18 (C) (1) (a) – (g)

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

Adopted December 10th, 2018
Ayes: 6 Nays: 0 Absent: 1

Motion to adopt findings by: Mr. Buchbinder
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 12/5/2018 and returned written comment stating Required Modifications.

Motion:
To accept the Ulster County Planning Board comment of “Required Modifications” dated 12/5/2018 which have been addressed as follows:

1. Lighting
Comment:
The materials provided indicates that LED, full-cutoff fixtures are to be installed on the premises, but details regarding the types, locations, and heights of fixtures has not been provided, nor has a photometric plot plan.
Required Modifications:
Lighting levels should be calculated for the plan and levels should not exceed the Illuminating Engineering Society (IES) Outdoor Site/ International Dark Sky Association (IDSA) Area Recommended Illuminance Levels (see attached). All luminaires should meet the “fully shielded” definition adopted by the International Dark Sky Association (IDSA) or be an approved fixture of IDSA.
Response:
A condition of approval shall be that all exterior lighting shall comply with TOR zoning code §140-20 (H), lighting and shall be IES dark sky compliant. The applicant has provided a photometric plot plan as a part of the site plan, and specifications of compliant dark sky lighting to replace current lighting.

2. Signage
Comment:
Signage details were absent from the materials provided for review.
Required Modifications:
Signage details will need to be provided for the Town Planning Board to review. All signage should not exceed the requirements of the statute.
Response:
The applicant does not intend to change any existing signage for this approval. A condition of approval shall be that all existing signage and future signage shall comply with TOR zoning code §140-21, Signs

Motion by: Mr. Jones
Second by: Mr. Zurofsky

UCPB Required Modifications accepted and adopted December 10th, 2018 by the following vote:
Ayes: 6 Nays: 0 Absent: 1

* * * *
RESOLVED,
The Town of Rochester Planning Board grants Site Plan -Conditional Approval to SUP/SPA 2018-12 for the lands situate at 2900 Lucas Turnpike, Accord, NY, known as S/B/L 77.1-2-42.120 & 77.1-2-42.130, and located in the ‘AR-3’,‘AP Overlay’ & ‘FP Overlay’ zoning district

The Site Plan dated 6-1-2018 and last amended 11-28-2018 is approved with the following conditions.

CONDITIONS of APPROVAL for the APPLICATION:

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. 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.
3. All Local, County, State, and Federal Laws or Codes shall be complied with for the current or future use of these lands.
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.
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 zoning codes §140-20, General Commercial and Industrial Standards; § 140-15, Landscaping Standards; and §140-21, Signs or their successors.
7. Existing exterior lighting shall be replaced as detailed on the site plan and shall comply with TOR zoning code §140-20 (H), lighting and shall be IES dark sky compliant.
8. 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 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. Current parking conditions shall be brought up to the standards of §140-17 as shown on the site plan before a certificate of occupancy shall be granted. Rear parking area shall be cleared of debris and graded to site plan and front parking shall be cleared of debris and graded to site plan.
9. All sawdust and industrial waste (solvents, epoxies, et. al.) from the proposed woodworking shop and future potential artisanal workshops are to be captured within the structure and disposed of off-site. The use(s) shall remain compliant with TOR zoning code §140-20 (I) & (J) at all times.
10. The use shall comply at all times with all provisions of Town of Rochester code §140-18, Overlay Districts or its successor.
11. The applicant shall submit a revised site plan reflecting the addition of the S/B/l & deeded owners names for the parcel(s) across Lucas Avenue

The Town of Rochester Planning Board further grants the authority to the Chairman to certify conditions 1 and 11 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 two 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.

Adopted December 10th, 2018, by the following vote:
Ayes: 6 Nays: 0 Absent: 1

Motion made by: Mr. Zurofsky
Seconded by: Mr. Williams

PB 2018-11 SPA Continued Application/Public Hearing
Site Plan Approval 140-29 (B) (2) Type B action
Town of Rochester (owner) Sprint/Ben Pelletier (applicant)
Proposes the installation of six (6) additional antennas and associated 10 x 12 equipment pad on existing fenced wireless facility. No change is to be made to tower height. Type B action by code: “replacement, alteration or modification of existing transmission equipment or a telecommunications structure or the colocation of transmission equipment on an existing wireless telecommunications facility which constitutes an ‘eligible facilities request’ action as defined by the FCC”.
100 Airport Road, Accord, NY, SBL 69.3-2-37, ±30 acres. R-5 zoning
SEQRA: Unlisted Uncoordinated

Amy Szostak was present on behalf of the application.

Chairperson Lindstrom opened the meeting for public comment.

There were no comments or questions from the public.

Mr. Jones made the motion to close the public hearing. Mr. Williams seconded the motion.
All in Favor. Motion carried.

6 ayes, 0 nays, 1 absent, 0 abstentions.

Chairperson Lindstrom made the motion to declare an Unlisted/Uncoordinated declaration under SEQRA. Mr. Buchbinder seconded the motion.

Roll Call Vote:

Chairperson Lindstrom: Yes
Mr. Bucbinder: Yes
Mr. Zurofsky: Yes
Mr. Grace: Yes
Mr. Jones: Yes
Mr. Williams: Yes

All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

The Board reviewed Part 2 of SEQRA.

Chairperson Lindstrom made the motion to declare a Negative declaration under SEQRA. Mr. Jones seconded the motion.

Roll Call Vote:

Chairperson Lindstrom: Aye
Mr. Bucbinder: Aye
Mr. Zurofsky: Aye
Mr. Grace: Aye
Mr. Jones: Aye
Mr. Williams: Aye

All in Favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

Mr. Williams asked if there was a structural analysis done on the cell tower.

Ms. Szostak stated there had been one done and that there didn’t seem to be any signs of the structure being unsafe.

There were no further questions or comments from the Board.

The Chairperson read the decision.

Decision 2018-11 SPA
Site Plan Approval 140-29 (B) (2) Type B action Conditional Final Approval

Applicant: Town of Rochester (owner) Sprint/Ben Pelletier (applicant)
Reason for Request: The applicant proposes the installation of six (6) additional antennas and associated 10 x 12 equipment pad on existing fenced wireless facility. No change is to be made to tower height. Type B action by code: “replacement, alteration or modification of existing transmission equipment or a telecommunications structure or the colocation of transmission equipment on an existing wireless telecommunications facility which constitutes an ‘eligible facilities request’ action as defined by the FCC”.

Location: 100 Airport Road, Accord, NY
S/B/L: SBL 69.3-2-37
Total Acreage: N/A (tower pad on +/- 30 acres)
Zoning District: R-5

Code Enforcement Determination: Site Plan Approval. A 140-29 (B) (2) Type B action by code.
Zoning Permit: 318 of 2018, dated October 1st, 2018

Planning Board Application: 2018-11 SPA
PB Application filed: 10/4/2018
EAF filed: 12/7/2018
SEQR Type: Unlisted/Uncoordinated Neg. Declaration, December 10th, 2018

Other Referrals: Ulster County Planning Board

Documents considered by the Planning Board for review for application:

1. Zoning Permit 318 of 2018 received 10/2/2018
2. Planning Board Site Plan application, 2018-11 received 10/4/2018
3. Short Form EAF Part 1, received 12/10/2018
4. Agricultural Data Statement, received 12/10/2018
5. Ulster County Tax Map, received 12/10/2018
6. Arial view of site received 12/4/2018
7. Construction Drawings & Site Plan, dated 9/24/2018, received 10/4/2018
8. Structural Analysis Report received 10/4/2018
9. Narrative of Project/Scope of Work received 12/10/2018
10. Copy of Original Lease received 10/4/2018
11. Copy of assignment of Lease received 12/10/2018 (Chain of assignment for Tower Ownership)
12. Copy of original PB Site Plan Approval 2007-07 SPA/SUP
13. UCPB “required modifications” comment received 12/10/2018

Notice of Public Hearing:

4. Published in the Shawnagunk Journal, November 29th, 2018
5. Notice by mail to known adjacent landowners, T/ of Marbletown Clerk, and
6. Posted on the T/ Rochester Clerk bulletin board and town website.

Date of Public Hearing: December 10, 2018
Place: Community Center, Accord, NY
Public Comment: (see Minutes of Town of Rochester Planning Board, 12/10/2018)
* * * *

Findings of the Planning Board with review of the Site Plan Approval Application:

1. The Planning Board received a zoning referral for the addition of six (6) new Sprint Corporation wireless antennas to an existing American Tower Corp (Homeland Towers, LLC). cellular communications tower with the addition of a 10’ x 12’ equipment pad at 100 Airport Road. The request is a 140-29 (B) (2) Type B action by code.
2. The Board received the original Site Plan Approval for the Cell Tower, granted by the Town of Rochester Planning Board on October 23rd, 2007
3. The Planning Board further received a Site Plan and Special Use application, EAF, structural analysis and related documentation from the applicant, cited above.
4. The parcel on which the cell tower is located is known as S/B/L 69.3-2-37.
5. Proposed improvements to the tower include the addition of six (6) new Sprint Corporation wireless antennas to an existing American Tower Corp. cellular communications tower with the addition of a 10’ x 12’ equipment pad. The new equipment is to be installed on the existing American Tower Corp. owned monopole. No change to the monopole height is proposed. The equipment pad will be installed within the existing fenced compound. The installation of equipment is expected to take two to three weeks.
6. The parcel is +/- 30 acres and comprises the Town of Rochester Transfer Station, a R-5 zoning district. The use complies with the standards of such districts and no further review is required.
7. There are no other changes proposed to the site.
8. Planning Board discussed, reviewed, and determined the proposed upgrade and maintenance work is administered under and compliant with Town Zoning Code Chapter §140-29 and is a “Type B” action by code: “replacement, alteration or modification of existing transmission equipment or a telecommunications structure or the colocation of transmission equipment on an existing wireless telecommunications facility which constitutes an ‘eligible facilities request’ action as defined by the FCC”.
9. The proposal meets the minimum development standards of Town of Rochester Code Chapter 140, Zoning.
10. The Planning Board requested certification that the proposed modifications/improvements NIER levels are within the threshold levels adopted by the FCC and that the calculations used to determine the cumulative NIER levels if the application involves collocation.
11. The Planning Board requested certification that the proposed antenna(s) will not cause interference with other telecommunication devices.
12. The Planning Board received a copy of the lease (and chain of assignment of lease) agreement stating that the lessee (or equivalents) can apply for all permits necessary for any construction in lieu of the parcel owner’s signature.
13. The Planning Board requested a statement from the lessee permitting Sprint Corporation to perform construction work.
14. The Planning Board referred the application to the Ulster County Planning Board and received a response of “No County Impact”.
15. The telecommunications industry is considered a public utility and the federal government retains significant regulatory powers which override Home Rule authority of local government and the Federal Communications Commission (FCC) is the federal regulatory authority of the industry.
16. The Telecommunications Act of 1996 mandates State or local government “shall not unreasonably discriminate among providers of functionally equivalent services” and “shall not prohibit or have the effect of prohibiting the provision of personal wireless services.” It further states “No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission’s regulations concerning such emissions.”
17. The Middle Class Tax Relief and Job Creation Act of 2012 mandates “a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.”
18. Public hearing was held on December 10, 2018.

Draft findings were prepared by the Chairman and were read, discussed and amended by the Planning Board.

Adopted December 10th, 2018
Ayes: 6 Nays: 0 Absent: 1

Motion to adopt findings by: Mr. Buchbinder
Second by: Mr. Williams

* * * *
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 Site Plan—Conditional Final Approval for Sprint Corporation/Ben Pelletier permitting the maintenance and upgrading of the leased cell tower lands situate at 100 Airport Road, Accord, NY, known as S/B/L 69.3-2-37, and located in the R-5 zoning.

Condition of Approval:

1. The applicant shall provide the following documentation before construction work shall be permitted: (1) Letter of Authorization from American Tower (lessee) permitting Sprint Corporation (or designee) to perform construction work; (2) certification of NIER levels (RF Compliance Report); (3) certification that the proposed antenna(s) will not cause interference with other telecommunication devices; and (4) Certificate of Liability Insurance, Certificate of NYS Worker’s Comp Insurance & Certificate of Insurance Coverage-NYS Disabilities Benefits Law.

EFFECT of APPROVAL:

3. This 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.
4. 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. The Town of Rochester Planning Board further grants the authority to the Chairman to sign and date the plat without further resolution.

Adopted December 10th, 2018, by the following vote:
Ayes: 6 Nays: 0 Absent: 1

Motion made by: Mr. Zurofsky
Seconded by: Mr. Grace

OTHER MATTERS

Chairperson Lindstrom read a summary of the new SEQRA regulations.

ADJOURNMENT

Mr. Jones motioned to adjourn the meeting at 8:20pm. Chairperson Lindstrom seconded the motion.
All in Favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

Respectfully submitted,

Brianna Tetro, Secretary