Planning Board Minutes December 14th, 2020

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

MINUTES OF December 14th, 2020 REGULAR MEETING OF the Town of Rochester PLANNING BOARD, held at 7:00pm via ZOOM and 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 Brian Buchbinder
Patrick Williams, Vice Chairperson
Rick Jones
Sam Zurofsky
Zorian Pinsky
Ann Marie Maloney

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

ANNOUNCEMENTS and COMMUNICATIONS
December 28th Workshop Meeting Decision:

Chair Lindstrom made the motion to cancel the December 28th, 2020 Workshop meeting due to a scheduled surgery for herself that day and the fact that it was so close to the holidays. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

Adopt the Schedule for 2021 Meetings:
Chair Lindstrom stated that the regular meetings for the Board were to take place on the second Monday of every month except October due to Columbus Day. She stated for the month of October the regular meeting would take place on October 7th,2021 which was a Thursday.

Attorney Christiana noted the October 7th, 2021 date conflicted with the Town Board’s meeting.

Chair Lindstrom stated then the regular meeting for October 2021 would be held on October 14th instead, also a Thursday. She noted all Workshop meetings took place at the last Monday of every month, if needed.

Ms. Maloney made the motion to adopt the schedule for the 2021 Regular and Workshop meetings as amended. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

TRAININGS
Chair Lindstrom praised the Board for getting all their required trainings done and stated all the members had more than enough hours for the year.

ACTION ON MINUTES
Chair Lindstrom made the motion to approve and adopt the minutes for both the October 8th, 2020 regular meeting and the November 9th, 2020 regular meeting and to table the December 1st, 2020 Workshop Meeting Minutes. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

APPLICATION REVIEW
PB 2020-11 LLI New Application
Maren Lindstrom/Denis Lavallee (Owner & Applicant)
Lot Line Improvement
The applicant proposes the combination of two non-conforming lots S/B/L 59.-2-28.114 (+/- 2.3 acres) & S/B/L 59.-2-27 (+/- 3.5 acres), with one conforming lot S/B/L 59.-2-28.112 (+/- 20 acres) by the deletion of two (2) lot lines to combine parcels. The parcels are located at 473 Upper Cherrytown Road, Kerhonkson, NY, The parcels are in the R-5 (Rural Conservation) zoning district.
SEQRA: Type II by code

Chair Lindstrom recused herself from the application at 7:05pm. Vice Chair Williams came in as chair for this application review.

Mr. Terry Ringler was present on behalf of the application.

Mr. Ringler explained what the application was about.

The Board discussed the application and didn’t seen anything that was concerning or needed further addressing.

Attorney Christiana added that the application was a Type II for SEQRA by Code.

Mr. Jones made the motion to certify the Lot Line Improvement. Chair Williams seconded the motion.
Roll Call:
Chair Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
Mr. Zurofsky- Yes
All in Favor. Motion Carried.
5 ayes, 0 nays, 1 absent, 0 abstentions, 1 recused.

Decision: PB 2020-08 LLI

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

Applicant: Maren Lindstrom & Denis Lavallee
Owner: Maren Lindstrom & Denis Lavallee

Reason for Request:
The applicant proposes the combination of two non-conforming lots S/B/L 59.-2-28.114 (+/- 2.3 acres) & S/B/L 59.-2-27 (+/- 3.5 acres), with one conforming lot S/B/L 59.-2-28.112 (+/- 20 acres) by the deletion of two (2) lot lines to combine parcels. The parcels are located at 473 Upper Cherrytown Road, Kerhonkson, NY, The parcels are in the R-5 (Rural Conservation) zoning district.

Location: 473 Upper Cherrytown Road, Kerhonkson, NY
S/B/L: S/B/L 59.-2-28.114, S/B/L 59.-2-27, S/B/L 59.-2-28.112
Zoning District: R-5 (Residential Conservation)

Zoning Permit filed: 11/23/2020 SEQR Type: Type II by definition
Planning Board Application #: 2020 – 11 LLI PB Application filed: 11/30/2020

* * * *
The Planning Board has reviewed the plat and certifies the lot improvement proposed will meet Town of Rochester lot requirements for the R-5 zoning districts 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 2020-10 LLI/Natural Subdivision New Application
Kristy Wilson (Owner & Applicant)
Lot Line Improvement/Natural Subdivision
The applicant proposes a natural subdivision of lot S/B/L 60.3-3-40.2 (+/- .6.432 acres) into two lots: lot one of 3.442 acres and lot two of 2.990 acres. The existing lot is bisected by County Rte. 3 (Samsonville Road) which creates the natural subdivision line. The parcel is located at 790 Samsonville Road, Kerhonkson, NY in the R-2 (Low Density Residential) zoning district.
SEQRA: Type II by code

*Chair Lindstrom returned to the meeting as Chair at 7:10pm.

Mr. Terry Ringler was present on behalf of the application.
Mr. Ringler explained what the application was about. He stated the applicants wanted to separate the parcel to either sell one off or build another residence.

Chair Lindstrom made the motion to certify the natural subdivision. Mr. Jones seconded the motion.
Roll Call:
Chair Lindstrom- Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky-Yes
Mr. Jones- Yes Ms. Maloney- Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

Decision: PB 2020-08 LLI

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

Applicant: Kristy Wilson
Owner: Kristy Wilson

Reason for Request:
The applicant proposes a natural subdivision of lot S/B/L 60.3-3-40.2 (+/- 6.432 acres) into two lots: lot one of 3.442 acres and lot two of 2.990 acres. The existing lot is bisected by County Rte. 3 (Samsonville Road) which creates the natural subdivision line. The parcel is located at 790 Samsonville Road, Kerhonkson, NY in the R-2 (Low Density Residential) zoning district.

Location: 790 Samsonville Road, Kerhonkson, NY
S/B/L: S/B/L 60.3-3-40.2 (+/- 6.432 acres)
Zoning District: R-2 (Low Density Residential)

Zoning Permit filed: 11/19/2020 SEQR Type: Type II by definition
Planning Board Application #: 2020 – 10 LLI PB Application filed: 11/30/2020

* * * *
The Planning Board has reviewed the plat and certifies the lot improvement proposed will meet Town of Rochester lot requirements for the R-2 zoning districts 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.

PB 2020-06 SBD Public Hearing/Continued Application
Olga Byrne (Owner and Applicant)
Major Subdivision
Applicant proposes a minor subdivision into three lots of the parcel S/B/L 60.3-2-2.510 (+/- 23.8 acres) located at 2002 Queens Highway, Accord, NY with access by a shared driveway. The current shared driveway is to be abandoned so that it no longer serves the adjacent parcel 60.3-2-51.120 as well as the proposed three lot subdivision. Proposed lots: lot one of +/-9 acres, lot two of +/- 4.9 acres and lot three of 9.9 acres. Parcel is in the R-2 (Low Density Residential) zoning district. Parcel is flat to sloping woodlands and contains a named stream (Gray Creek), ACOE wetlands, and Ulster County Habitat Core Lands.
SEQRA: TBD

Mr. Barry Medenbach, Ms. Heather Gabriel, and Ms. Olga Byrne were present on behalf of the application.

Chair Lindstrom reminded the Board of what the application was about and what had been changed as requested by the Board at the previous month’s meeting. She stated they had sent the application for comments to: Town of Rochester Environmental Conservation Commission (ECC), NYS Department of Environmental Conservation (DEC), Town of Rochester Highway Department, and the Accord Fire Department (AFD). She noted that the Highway Department had not sent any comments or response, but the other agencies had.

Chair Lindstrom said the AFD had requested pull-off spots for emergency vehicles be added. She noted these would need to be added to the final maps and would be located at the beginning of Lot #1 and the midpoint of the driveway.

Chair Lindstrom read the response from the DEC:

“Dear Chairperson Lindstrom:

The New York State Department of Environmental Conservation (DEC or Department) has reviewed your inquiry received by this office on November 18, 2020. The project involves a 3-lot subdivision at the above-referenced property. One (1) proposed lot will contain an existing residence, and the remaining two (2) lots will be developed into residential dwellings. Based upon our review of your inquiry and submitted materials, the Department offers the following comments:

PROTECTION OF WATERS
The following stream is located within or near the site you indicated:

Name Class DEC Water Index Number Status
Tributary of Mettacahonts Creek A(T) H-139-14-20-7-1 Protected

A Protection of Waters permit is required to physically disturb the bed or banks (up to 50 feet from stream) of any streams identified above as “protected.” A time restriction may be required for protection of cold-water trout fisheries (waters classified under Article 15 of the Environmental Conservation Law (ECL) with a “T” or “TS” designation), beginning October 1 and ending April 30.

If a permit is not required, please note, however, you are still responsible for ensuring that work shall not pollute any stream or waterbody. Care shall be taken to stabilize any disturbed areas promptly after construction, and all necessary precautions shall be taken to prevent contamination of the stream or waterbody by silt, sediment, fuels, solvents, lubricants, or any other pollutant associated with the project.

FRESHWATER WETLANDS
The project site is not within a New York State protected Freshwater Wetland.

WATER QUALITY CERTIFICATION
If the United States Army Corps of Engineers (ACOE) requires a permit for work completed in or impacting a federal wetland or waters of the U.S., you will need a Section 401 Water Quality Certification from the Department. Please contact the ACOE at (917) 790-8411 for a determination.

STATE-LISTED SPECIES
The DEC has reviewed the State’s Natural Heritage records. No records of sensitive resources were identified by this review.

The absence of data does not necessarily mean that rare or state-listed species, natural communities, or other significant habitats do not exist on or adjacent to the proposed site. Rather, our files currently do not contain information which indicates their presence. For most sites, comprehensive field surveys have not been conducted. We cannot provide a definitive statement on the presence or absence of all rare or state-listed species or significant natural communities. Depending on the nature of the project and the conditions at the project site, further information from on-site surveys or other sources may be required to fully assess impacts on biological resources.

STATE POLLUTION DISCHARGE ELIMINATION SYSTEM (SPDES) CONSTRUCTION
If the overall project will disturb one or more acres of land, the project sponsor must obtain coverage under the current SPDES General Permit for Stormwater Discharge from Construction Activity (GP-0-20-001) and develop a Stormwater Pollution Prevention Plan (SWPPP) that conforms to requirements of the General Permit.

OTHER
Other permits from this Department or other agencies may be required for projects conducted on this property now or in the future. Also, regulations applicable to the location subject to this determination occasionally are revised and the project sponsor should, therefore, verify the need for permits if your project is delayed or postponed. This determination regarding the need for permits will remain effective for a maximum of one year. More information about DEC permits may be found on our website, www.dec.ny.gov, under “Regulatory” then “Permits and Licenses.” Application forms may be downloaded at http://www.dec.ny.gov/permits/6081.html.

Please contact this office if you have questions regarding the above information. Thank you.

Sincerely,
Christina Pacella
Division of Environmental Permits
Region 3, Telephone No. (845) 256-2250 ”
Mr. Medenbach commented they did not a stream disturbance permit because they were not going to do anything to cause a need for it.

Chair Lindstrom stated it had been encouraged to provide a 100 ft. setback from the wetlands even though they were not NYS regulated. She also noted that this was a very tortured portion of land.

Chair Lindstrom read the comments received from the ECC:

“Dear Town Planning Board members: The members of the Town of Rochester Environmental Conservation Commission (TORECC) submit the following statement regarding PB 2020-06 SBD Amended Application: The proposed subdivision application for Byrne and Beuchat appears to comply with required setbacks to preserve the areas around the state regulated stream and unregulated wetlands. That said, the wetland is eligible for regulation and the DEC representatives have stated that it should be treated as though it is regulated, with a 100′ setback to minimize disturbance. Lot 2’s development risks impacting both the stream and wetland given the site locations for the well and septic and any clearing required for construction, and if the wetland were treated as though it had a 100′ setback in place the proposed dwelling on Lot 2 would potentially be in violation of that setback, as well as the septic area for Lot 3. We are also concerned by the lack of mention of the wetland habitat on the Short Environmental Assessment Form — unregulated does not mean nonexistent, hence the identification of said wetland in the Threatened and Endangered Species Habitat Assessment. In addition to the presence of and potential impact to eligible wetlands and a named stream, it must be acknowledged that this subdivision impacts habitat within range of known instances of a state and federal endangered species, and despite “very minimal tree removal proposed”, there is no guarantee that this subdivision would not also impact the Indiana bat habitat.
Sincerely,
The Members of the Town of Rochester Environmental Conservation Commission”

Chair Lindstrom remphaisized that while what was being proposed was allowed, this was a somewhat tortured piece of land. She asked how steep was the area of the proposed houses and if the wetlands would need protection from the run-off.

Mr. Medenach stated the slope of the lands was around 15% and they had a soil erosion and protection plan. He said they would need a more detailed grading plan but did not have that as of yet.

Mr. Williams asked about the proposed septic on lot #2 as it looked backwards, the proposed septic looked to be placed further away than the existing one.

Mr. Medenbach said they could be switched and had been placed on the map that way for planning purposes as the location of the proposed houses had been changed several times.

Mr. Jones asked that if subdivision were to be approved, that there be a note on the map stating there would not be tree clearing between the months of April and October due to the Indiana Bat population. He also noted the property was very steep and he calculated it at 20% not 15%.
Chair Lindstrom stated that 20% was allowed for building. She noted that anything over 25% was not allowed and that they discouraged anything over 15%.

Mr. Jones reiterated what he wanted on the map as far as the tree clearing note. He also suggested that there would not be tree clearing within 200 ft of the wetlands.

Chair Lindstrom agreed with Mr. Jones about adding the tree clearing note. She noted the applicant also needed to provide the Board with a Road Maintenance Agreement which had been discussed at the previous month’s meeting. Chair Lindstrom added that there had also been a discussion about adding the overlays from the DEC mapper onto the final maps due to the core DEC forest lands from north to south on the property.

Chair Lindstrom made the motion to type the application as an unlisted/uncoordinated action for SEQRA. Mr. Williams seconded the motion.
Roll Call:
Chair Lindstrom-Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

The Board went through the EAF Part II. The Board discovered and discussed impacts that the potential project would have on environmental aspects.

Chair Lindstrom stated she would note the potential impacts in a Part III along with how they would be mitigated.

Chair Lindstrom made the motion to type the application as a negative declaration for SEQRA. Mr. Williams seconded the motion.
Roll Call:
Chair Lindstrom-Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

Chair Lindstrom opened the public hearing.

Mr. David Gray stated he was concerned with the wetlands due to the new driveway’s location. He said a culvert pipe that had been placed on the road had caused flooding before, during a 100 year storm, and he was wondering if the new driveway would cause further flooding on the road.

Chair Lindstrom stated the new driveway was just the current driveway being extended, so there would be little to no effect.

Ms. Gabriel noted the existing driveway was not to be abandoned, the adjoining property owner was no longer going to use it and it would be extended.
There was no further public comment.

Chair Lindstrom motioned to keep the public hearing open until the January 11th, 2021 Regular Meeting. Mr. Zurfosky seconded the motion.
Roll Call:
Chair Lindstrom-Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

There was a discussion about the current culvert pipe and the flooding issues.

Mr. Gray spoke up again and stated that he wasn’t saying the existing culvert was an issue, only that he was concerned with the new driveway further adding stress and flooding issues on existing pipe.

Chair Lindstrom reminded the Board and applicant, as well as the public, that the new driveway was just an extension of the existing one and a new driveway was going to be cut in for the neighbors.

Mr. Jones stated that the flooding concerns were valid and reminded the Board that a previous application was required to do a SWPP and their land was almost all flat. He suggested the applicant do a SWPP.

Chair Lindstrom added to Mr. Jones’ point by providing the following:
“§ 125-20 Application.
The design standards and requirements set forth in this article shall be observed as minimums by the subdivider in the design of each subdivision within Town of Rochester. The Planning Board shall require more restrictive standards where necessary to protect health, safety and welfare of the public, and where circumstances unique to the property so dictate. The Planning Board shall review all applications for subdivision with regard to the standards and regulations of this Code and any applicable local, county, state, or federal standards or regulations” She stated that being on a slope could cause top soil to flow across the street and cause problems for the other surrounding property owners.

Mr. Zurofsky commented that he felt the Board was imposing many restrictions on the applicant and that the public comment from Mr. Gray was just making sure it was understood that if a new culvert was to be put in due the new driveway, there could be potential issues.

Mr. Jones stated Mr. Gray’s comments made him think about the land and the road as well as the driveway pull-offs, etc could cause problems. He said a SWPP and referenced the previous application once again and stated their land had been flat and they had only wanted to build a kennel and had been required to do a SWPP.

Mr. Zurfosky stated the previous application had dealt with a new building and parking area which was why it had needed a SWPP.

The Board discussed the application further, and reminded the applicant and their representatives what was needed going forward.

PB-2020-10 SBD Continued Application
Jason Gnewikow & Jeffery Madalena (Owner & Applicant)
Minor Subdivision
The applicant proposes a two lot subdivision of the lands at 412 Whitfield Road, Accord, NY S/B/L 69.1-1-2.200 +/- 20.17 acres. Proposed lot one of +/10.58 acres and proposed lot 2 of +/- 9.59 acres. Lot one has an existing single family dwelling, well and septic. Lot two will need new well and septic. The parcel contains a small amount of Ulster County Habitat Core Lands along the interior which are not proposed to be disturbed. The parcel is wooded, may contain wetlands and contains steep slope lands. The parcel abuts the Town of Marbletown and is in the R-2 (Low Density Residential) Zoning District.
SEQRA: TBD

Mr. Jeff Madalena and Mr. Jason Gnewikow were present on behalf of the application.

Chair Lindstrom explained what the application was about. She stated the applicants needed to add the libre/page/ deed to the maps of the across the street neighbors. She also noted the application would need to be sent to Marbletown as the parcel abutted their Town. Chair Lindstrom wanted the application to also be sent to the Town’s ECC, Highway Department, and Historic Preservation Commission.

Chair Lindstrom made the motion to set the application for public hearing at the January 11th, 2021 regular meeting. Mr. Williams seconded the motion.
Roll Call:
Chair Lindstrom-Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

PB-2020-09 SBD Continued Application
Craig and Allison Williams (Owner & Applicant)
Minor Subdivision
The applicant proposes a two lot subdivision of the lands at 533 Old Kings Highway, Accord, NY S/B/L 77.1-2-24.100 +/- 30.7 acres. Lot one of +/- 8.625 acres and lot 2 of +/- 22.070 acres. Lot one has an existing single family dwelling, well and septic. Lot two will require new well and septic and is proposed to be accessed by a shared driveway with lot one. The shared drive will require an area variance for the access setback from the garage on lot one and a use variance for the construction of an accessory structure in the absence of a primary structure. The parcel is wooded and open lands, flat to gentle slope. The parcel is in the AP Overlay District, adjacent to Ulster County Ag District lands, contains prime farmland and farmland of statewide importance, a pond and limited Ulster County Habitat Core Lands. The parcel is in the AR-3 (Residential Agriculture) Zoning District
SEQRA: TBD

Mrs. Nadine Carney was present on behalf of the application.

Chair Lindstrom explained what the application was about.

Mr. Zurfosky asked about the need for an area variance and the new garage.

Mrs. Carney explained the area variance was needed due to if the subdivision was to be approved, the line for the current garage would be over the setback. She stated the new garage being built on the proposed second lot needed a use variance should the subdivision be approved because it would then be an accessory structure without a primary structure.

Chair Lindstrom stated the Board needed to go by what the Code Enforcement Office (CEO) had determined and if the subdivision were to be approved the applicant would need an area variance for the existing garage and a use variance for the new garage which would be on lot 2.

Mrs. Carney explained that if there was a primary structure on the proposed lot 2, there would be no need for a use variance. She stated they had a meeting with the Town Attorney and the Chair and had proposed the subdivision be approved with the condition that a use variance be obtained or a certificate of occupancy (c/o) for the eventual finished structure on Lot 2.

Chair Lindstrom stated the application had been sent out to various agencies for comments. She said the State Historic Preservation Office (SHPO) had given the okay for the project and the Ulster County Planning Board had not had any comment. She noted it had already been sent to the ECC and they were reviewing it and that it would need to be sent to the Town’s Historic Preservation Commission.

Chair Lindstrom made the motion to set the application for public hearing at the January 11th, 2021 regular meeting. Mr. Pinsky seconded the motion.
Roll Call:
Chair Lindstrom-Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

The Board went through the EAF Part II.

2020-05SPA New Application
Site Plan Approval 140-29 (B) (2) Type B action
American Tower Corporation (owner), Allison Hebel, agent (applicant) on behalf of AT&T d/b/a Cingular wireless PCS
Proposes equipment upgrade consisting of the replacement of six (6) antennas, six (6) RRVs, adding three (3) additional RRV’s , adding one (1) surge protector and equipment associated with the aforementioned, on existing wireless facility. No changes to tower height or footprint are proposed. 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”. Site access is at 6140 Route 209, Kerhonkson, NY, S/B/L 76.1-3-17,(‘sand mine solar farm’ ± 67 acres). Area of equipment ± 3,000 sq feet (0.07 acres), in the AR-3 (Residential Agriculture) zoning district. SEQRA: TBD

Ms. Allison Hebel was present on behalf of the application.

Chair Lindstrom explained what the application was about. She stated the Board would need a copy of the lease between the owner and applicant. She asked what the timeframe was for the proposed changes.

Ms. Hebel stated they wanted to begin next month but that it depended on a number of factors.

Chair Lindstrom asked how long it would take to do the replacements and additions.

Ms. Hebel stated it would take about 6 weeks.

Chair Lindstrom stated they would need the FCC’s emissions report.

Mr. Pinsky asked what would release the Town from liability should anything go wrong.

Attorney Christiana stated the Town was insured.

Mr. Pinsky asked who was responsible for payment of that policy.

Ms. Hebel explained the contractors were paying the insurance.

Supervisor Baden stepped in to represent the Town and stated the contractors were required to carry insurance policy and the Town was listed as an additional insurance, but was covered on their policy.

Chair Lindstrom made the motion to type the application as an unlisted/uncoordinated action. Mr. Williams seconded the motion.
Roll Call:
Chair Lindstrom-Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

Chair Lindstrom made the motion to send the application to the Ulster County Planning Board for comment. Mr. Zurofsky seconded the motion.
Roll Call:
Chair Lindstrom-Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

Chair Lindstrom made the motion to set the application for public hearing at the January 11th, 2021 regular meeting. Mr. Zurofsky seconded the motion.
Roll Call:
Chair Lindstrom-Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

*The Board took a 5 minute recess at 8:40pm.*
*The Board returned to the meeting at 8:45pm*

PB 2020-05 SBD Continued Application
Wilfred and David Neff (Owner and Applicant)
Minor Subdivision
The applicant proposes a minor two lot subdivision of S/B/L 69.4-2-7.116 (+/- 82 acres) into two +/- 40 acre lots. Parcel is located on Lucas Turnpike, Accord. Parcel is in the AR-3 (residential agricultural) zoning district, Ulster County AG-3 Agricultural District, contains prime farmlands and farmlands of statewide importance, is in the FD (Floodplain Development) and AP (Aquifier Protection) Overlay districts and is within 500 feet of the Rest Plaus Historic District. The rear part of the parcel fronts the O&W Rail Trail, contains UC Habitat Core lands and hydric soils, a named creek (Kripplebush Creek) and the full parcel is identified as a biologically important area. The parcel fronts the Shawangunk Mountain Scenic Byway and is within 500 feet of the municipal boundary with the Town of Marbletown.
SEQRA: TBD

Mr. Barry Medenbach and Ms. Heather Gabriel were present on behalf of the application.

Chair Lindstrom explained what the application was about and stated there were many items that needed to be added to the maps and that the Board needed to receive. She said there were wetlands that needed delineation on the proposed Lot #2, 100 ft. stream and flood plain buffer needed to be added on the maps (she noted this was on the maps for a proposed solar farm from about 3 years ago), 2 ft topography needed to be added as the land was sloped in the middle, and Pompey’s cave needed to be shown.

Mr. Jones stated it would be a massive task on what could be built on the property.

Attorney Christiana stated the subdivision was requested in the will of Mr. Neff. She stated it was not typical but that was why the subdivision was being proposed.

Mr. Jones asked if there could be the condition that the lots not be built on.

Attorney Christiana answered yes, the subdivision could be approved with condition it cannot be built on.

Mr. Zurofsky noted the primary challenge was road access.

Chair Lindstrom agreed but said that could be met. She stated she was concerned with lot #1, as it was prime farmland and lot #2 had wetlands.

Mr. Williams asked if the Board could split the parcel into the proposed subdivision but then the applicants could then put it back together.

Chair Lindstorm said that could be done, but they weren’t buildable.

Mr. Williams added the problems existed whether there was a subdivision or it stayed all one lot. He stated adhering to testimony did not clear the problems of the proposed subdivision.

Chair Lindstorm also noted the Board was not supposed to create a bad lot.

Ms. Gabriel argued there was existing access to both lots. She stated the lot was almost 41 acres and they could find half an acre that misses the restraints.

Chair Lindstrom said the Board needed to respect the plethora of other items. She noted the Board would need to see a deeded right of way.

Mr. Jones asked if the Board was required to do anything because it was requested in a will, due to the numerous challenges. He added SEQRA would need a full E-I-S if the proposed subdivision stayed as it were. ‘

Attorney Christiana reminded the Board that they were not proposing any building on the lots.

Ms. Gabriel added they had no intention of building and simply needed to liquidate the estate.

Attorney Christiana noted she had not seen the will and thought maybe they would not need to subdivide.

Mr. Zurofsky said there were a lot of challenges but they could keep moving forward and ask for all the things required of other subdivision, it was possible.

Chair Lindstrom stated on top of the other items that had been requested, there would need to have a full environmental study done and how the right of way would connect.

Mr. Medenbach stated the applicant only wanted to use the land for agricultural purposes.

Chair Lindstrom stated the Board needed to do a thorough review on assumption.

Mr. Zurofsky added it was in the AR-3 zone so it was residential.

Chair Lindstrom added it would also need to be sent to SHPO.

The Board discussed numerous ideas and options that the applicant could potentially do.

Mr. Medenbach said the lawyer for the Neffs needed to step forward to discuss any potential options.

Attorney Christiana stated she could talk with the attorney or both she and the Chair could, or the attorney could appear at a meeting.

There was no further discussion.

PB 2020-07 SBD Continued Application
Susan Cusack (Owner & Applicant)
Minor Subdivision
The applicant proposes an eight lot (8) subdivision of the parcel. Parcels current use is the Villa Veritas Rehabilitation Center, woodlands and farmlands. Parcel is located on Upper Cherrytown Road, Kerhonkson, NY S/B/L 68.1-1-27 +/- 108 acres and is in the AR-3 Zoning District. Parcel and proposed subdivision parcels contain lands within a FEMA 100 year flood plain, contain a named stream (Mombaccus Creek) and an unnamed tributary stream, hydric soils, prime farmland and farmland of statewide importance, are in the Ulster County AG-3 agricultural district, contain Ulster County Habitat Core lands and are within the UC DOH Aquifier Zone. Proposed new subdivision lots are all to have separate driveway access onto Upper Cherrytown Road and are proposed to be 5 and 3 acres in size.
SEQRA: TBD

Mr. Barry Medenbach, Ms. Heather Gabriel, and Mrs. Susan Cusack were present on behalf of the application.

Chair Lindstrom explained the application and added it was another challenging piece of land.

Mr. Medenbach stated the description of the application still had it as an 8 lot subdivision, but it was 7 lots.

Chair Lindstrom stated there would need to be a conservation easement.

Mrs. Cusack explained her mission and her need for the subdivision. She said she needed to sell off acres so she could subsidize her business as there had been an influx of clients at her facility due to the pandemic. She stated she needed only 70 acres and any help to sell off the 30+ acres would be appreciated as she needed to make money to accommodate her facility and get people the help they needed.

Chair Lindstrom noted that Lots #5 and #6 were okay. She suggested making the lots bigger in size and selling them off as Lot #1 was very slopey. She said by making lots bigger, they would be able to sell them at a higher price and would make Mrs. Cusack more money.

Mr. Medenbach argued there was room on Lot 1 for building.

Chair Lindstrom stated there was but it was pushing it. She said it was at 20%. She added that it would get expensive building on lots 1,2, and 3 and would require expensive analysis as the terrains of those lots were not good.

Mr. Medenbach stated they were not that odd.

Chair Lindstrom insisted she was going by what was required by the Code and the proposed project did not meet the criteria of what was in the Code.

Mr. Jones agreed it was not a slam dunk project. He added that what had been done so far was great but some of the material was beyond the scope of the Board’s capabilities and it needed to go to CPL, the Town’s planning firm. He said CPL could analyze the Code but it would make more sense to make bigger lots and charge more.

Ms. Maloney stated that if Mrs. Cusack was just looking to sell the lots to make some money, then she should talk to a real estate agent about selling and let whoever potentially buys it deal with all the matters of dividing it if they would choose.

Mrs. Cusack agreed that selling the bigger lots would make sense.

Chair Lindstrom said if Mrs. Cusack were to go that route they could do a natural subdivision for lots 1-4 and make it one piece of land and lots 5 and 6 could be done on their own as they were not as constrictive.

Attorney Christiana stated Mrs. Cusack would need to speak to a real estate agent.

Chair Lindstrom added she did not want to run up costs and suggested the application be put on pause.

PB 2020-07 SBD New Application
Chad Burns (Owner & Applicant)
Minor Subdivision
The applicant proposes the division of two vacant conforming lots (on one tax map S/B/L 67.-1-56 but with two separate deeds) into four lots: parcel 1 +/- 2.29 acres parcel 2 +/- 2.3 acres parcel 3 +/- 2.0 acres and parcel 4 +/- 2.88 acres. All parcels have required 50’ road frontage and are located at Upper Cherrytown Road, Kerhonkson, NY; are in the R-2 ((Low Density Residential) zoning district and contain gently sloping or flat woodlands/cleared lands. The proposed lots contain farmland of statewide importance and the rear of proposed lot 4 fronts the Mombaccus Creek

Mr. Terry Ringler was present on behalf of the application.

Chair Lindstrom explained what the application was about.

Mr. Ringler explained that the lots were vacant with access to Upper Cherrytown Rd. He said there would be a driveway put on proposed lot #4 and all lots had ample road frontage and lot width.
Chair Lindstrom gave alternative options for the lots due to the curb cuts and the creation of a flag lot, including a shared driveway agreement option.

Mr. Ringler argued there were always issues with shared driveways and there was no need for that to be on the table. He believed it would create more issues.

Chair Lindstrom said she saw his point and only suggested it because it was another option and it would minimize the curb cuts. She stated the other option she wanted to suggest was doing 3 lots instead of 4 and have a 50 ft strip in the back.

Mr. Ringler said he and his client had already discussed that option and the applicant wanted 4 lots. He said he would agree to 50 ft of frontage and there would be no need for a 50 ft. strip.

Mr. Jones said he wanted to see the 20 ft topography lines on the maps. He noted the insert diagram on the map showed different items than what the full size map was showing.

Mr. Pinsky said on lot #1 and #3 there were 100 ft for wells. He asked how would they know if the wells across the street were 100 ft away.

Mr. Ringler said if they weren’t there he couldn’t show anything on the maps. He stated they were not visible from the road so that told him they were not within 100ft.

Chair Lindstrom said Mr. Ringler could not survey other people’s properties.

Mr. Pinsky added that he would also want to see the topography added to the maps and said he thought the septics on lots 1 and 2 looked close together.

Mr. Ringler said an engineer did the septic test and he would show them on the map.

Mr. Williams made the motion to set the application for public hearing at the January 11th, 2021 regular meeting. Chair Lindstrom seconded the motion.
Roll Call:
Chair Lindstrom-Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstention

PB 2020-04 SPA Pre Application
Open Space Institute (owner) Hudson Valley Seed Company (Applicant)
Applicant proposes a Farm Operation use/structures: 10,000 sq ft office and galley space; conversion of existing airplane hangar into a seed processing plant; addition of agricultural caretaker’s dwelling and addition of greenhouses. Parcel is S/B/L 77.1-1-8.130 (+/- 107 acres) and is located at 11 Airport Road in the AR-3 (residential Agricultural) zoning district. Parcel has a conservation easement that allows for a 5 acre building envelope with no deed restrictions. Parcel contains ACOE wetlands, hydric soils, prime farmland and farmland of statewide importance, is in the UC Ag District, the FD (Floodplain Development) and AP (Aquifier Protection) Overlay Districts
SEQRA: TBD

Mr. Doug Muller and Ms. Carrie Schapker were present on behalf of the application.

Chair Lindstrom explained the application. She stated the application needed a lot of items and that was why it was only a pre-application.

Mr. Zurofsky stated his wife, Ms. Erin Enouen, use to work for the Hudson Valley Seed Co. and he felt there was no conflict of interest but he wanted that on the record.

Mr. Muller stated they began in 2006 on about 1 ½ acres. He said they had applied for a CFA grant and wanted the proposed site so they could expand their business. He stated before they made an offer they wanted feedback from the Board.

Chair Lindstrom said it was a fantastic use of the land. ‘

Mr. Jones wanted to know who created the easement on the land but agreed it was a good idea.

Mr. Pinsky echoed support for the idea and said he bought his seeds there.

Chair Lindstrom stated she suggested the applicant set up a meeting with herself and Attorney Christiana.

Supervisor Baden reminded the Chair that if Attorney Christiana were to be present the applicant would be charged for the use of her time.

Chair Lindstorm said the meeting could then be the applicants and just herself and if Attorney Christiana was needed after that, it would be figured out.

PB 2020-07 SUP/SPA &2020-14 SBD Pre Application
Walnut Brook, LLC (Owner) & Jeff Coyne (Applicant)
Special Use Permit Site Plan Approval and Major Subdivision
The applicant proposes the conversion of existing abandoned non-conforming seasonal residential community into single family, two family and multi family dwelling units with the addition of two new build dwelling units for a total of 17 dwelling units. Parcel is S/B/L 76.2-2-10 (+/- 15.4 acres), is in the B-Business District, UC Ag District, and contains prime farmland, is in the FD (Floodplain Development) and AP (Aquifier Protection) Overlay Districts, and contains a named trout stream (Mill Brook). Lot area requirements of the B-Business district: one residential dwelling unit per 1 acre w/out sewer or one residential dwelling unit per 0.5 acres with sewer. Lot area requirements for the FD Overlay lands are one dwelling unit per 2 acres. AP overlay district impervious surfaces shall not exceed 15% of the parcel. The parcel is further in a biologically important area for diadromous fishes and fronts the Shawangunk Mountains Scenic Byway.
SEQRA: TBD
Mr. Jeff Coyne and Mr. Paul Jacowitz were present on behalf of the application.

Chair Lindstrom explained the application. She noted the applicant had failed to put information about the FD Overlay and therefore would need to obtain a new determination from Jerry Davis, the CEO. She said the density needed addressing.

The Board discussed what had been submitted at the time and agreed that there were many items that needed further addressing or were overall not possible. The Board told the applicant to come back once there was a new determination from the CEO.

ADJOURNMENT:
Chair Lindstrom made the motion to adjourn the meeting at 9:57pm. Mr. Williams seconded the motion.
All in Favor. Motion carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.

Respectfully submitted,

Brianna Tetro, Secretary
Accepted and Adopted: January 11th, 2021