PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF December 9th, 2019REGULAR MEETING OF the Town of Rochester PLANNING BOARD, held at 7:00pm 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:
Chair Lindstrom, Chair Brian Buchbinder
Rick Jones, Vice Chair
Patrick Williams
Zorian Pinsky
Sam Zurofsky
Ann Marie Maloney-7:05pm
Also present:
Brianna Tetro, Secretary.
ANNOUNCEMENTS and COMMUNICATIONS:
Chair Lindstrom asked the status of the workshop meeting on December 30th, 2019. She stated since she was recused from the only item on the agenda for that meeting, Wayward Ranch, that Vice Chair Jones and the rest of the Board needed to have a decision. Mr. Jones stated he knew one member was not able to attend and had not heard back from two other members. Chair Lindstrom said that the workshop meeting would still be scheduled and should there not be enough for a quorum, it would be handled at that time.
The Board went over both the Regular and Workshop meeting schedules for 2020. All regular meetings were to be held the second Monday of every month, except for October due to Columbus Day, that month’s meeting would be Thursday October 8th, 2020. The Workshop meetings would take place the last Monday of every month.
Chair Lindstrom provided the Board and the Town Supervisor, Mike Baden, with a summary of all the Planning Board decisions from 2019.
TRAININGS:
Chair Lindstrom noted Mr. Zurofsky and Mr. Jones still needed their required 4 hours of annual training before the end of the month.
ACTION ON MINUTES
Chair Lindstrom made the motion to accept the November 14th, 2019 Regular meeting minutes. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.
APPLICATION REVIEW:
PB 2019-18 LLI New Application
Bruce & Lynnae Psaras (Applicants & Owners)
Lot Line Improvement
Applicant proposes the combination of three (3) parcels into one +/- 15.09 acre parcel by lot line deletion. Parcels are S/B/L 62.3-3-31.111 (+/- 2.49 acres), S/B/L 60.3-3-31.200 (+/- 4.5 acres) and S/B/L 60.3-3-29.100 (+/- 8.5 acres). All parcels are in the R-2 zoning district and are vacant land.
No one was present on behalf of the application and there were no maps provided to the Board for review.
Chair Lindstrom said they would put the application on hold in order to move forward to the other items on the agenda.
PB 2019-14 SBD Public Hearing/Continued Application
Alexious (Alex) & Dru E. Kambouris (Applicant & Owner)
Minor Subdivision
Applicant proposed the subdivision of a +/- 8.13 acre parcel (S/B/L 69.3-3-25.120) into two lots by the separation of +/- 1 acre into a second lot for a single family residence. Proposed new parcel has UCDOH approval for well and septic. Parcel is moderately sloping vacant land and is in the B zoning district.
SEQRA: Unlisted/uncoordinated, Negative Declaration November 14th, 2019
Mr. Alex Kambouris and Mr. And Mrs. Richard and Sarah Weaver were present on behalf of the application.
Chair Lindstrom explained what the application was all about from the previous month.
The Board reviewed the maps.
Chair Lindstrom noted the lines needed to be changed where the proposed driveway was set to be. There were also several notation errors on the map that needed to be changed as well.
Mr. and Mrs. Kambouris and Mr. And Mrs. Weaver had provided a waiver for the Board. Chair Lindstrom read it into the record:
Chair Lindstrom noted they had also provided the description of lands and utility description.
There were no other comments from the Board.
Chair Lindstrom made the motion to open the public hearing. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.
There was no public comment.
Chair Lindstrom made the motion to close the public hearing. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.
Chair Lindstrom read the decision:
Decision: PB 2019-14 SBD
Minor Subdivision Conditional Final Approval
Applicant: Alexios Kambouris & Dru E. Kambouris
Reason for Request: Applicant proposed the subdivision of a +/- 8.13 acre parcel (S/B/L 69.3-3-25.120) into two lots by the separation of +/- 1.33 acres into a second lot for a single family residence. Proposed new parcel has UCDOH approval for well and septic. Parcel is moderately sloping vacant land and is in the B zoning district
Location: 4747 Route 209, Accord, NY.
Total Acreage: ± 8.13 acres
S/B/L: S/B/L 69.3-3-25.120 Zoning District: B
Code Enforcement Determination: Minor Subdivision
Zoning Permit: 475 of 2019
Planning Board Application: 2019-14 SBD
PB Application filed: 11/01/2019 EAF filed: 11/01/2019
SEQR Type: Unlisted, Uncoordinated – 11/14/2019
SEQR Determination: Negative Declaration – 11/14/2019
Other Agency Referrals: N/A
Documents considered by the Planning Board for review:
1. Zoning Permit 475 of 2019 determination of Minor Subdivision received 11/01/2019
2. Planning Board Subdivision application 2019-14 SBD received 11/01/2019
3. Short Form EAF Part 1 received dated 11/01/2019
4. Waiver request (Letter) relieving Town of Rochester from road maintenance & construction obligations and establishing a private shared driveway through a driveway maintenance agreement (to be filed with the Ulster County Clerk’s Office) for proposed lot not having the required 50 ft road frontage, but to have access via a shared driveway/right-of-way, received 12/09/2019
5. Narrative letter describing the subdivision received 11/1/2019
6. Deeded easement and right of way between William V Sotirovich and Alexios Kambouris documenting right-of-way granted to Kambouris over lands of Sotirovich. Recorded June 13th, 2019 at the Ulster County Clerk (2018-00007898) liber 6306 of deeds page 320
7. Description of Lands, further granting a second 50’ easement and right-of-way from the aforementioned liber 6306 of deeds page 320 easement over the remaining lands of Kambouris (lot 2.1) to the proposed +/- 1.33 acre subdivided plot (lot 2.2), prepared by Medenbach & Eggers Civil Engineering and Land Surveying, P.C., received 12/5/2019
8. Site Plan/Survey prepared by Medenbach and Eggers Civil Engineering and Land Surveying, P.C., reviewed 11/14/2019. Revised and reviewed 12/09/2019.
Notice of Public Hearing:
1. Notice by mail to known landowners within 500’.
2. Posted on the T/ Rochester Clerk bulletin board and Town of Rochester website.
3. Published in the Daily Freeman.
Date of Public Hearing 12/9/2019
Place: Town of Rochester Community Center
Public Comment: see Minutes of Town of Rochester Planning Board, December 9th, 2019
* * * *
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 concept and new map for review.
3. The parcel is in the B zoning district. The current use of the parcel is vacant land, the front acreage of which is heavily sloping.
4. Existing site conditions include vacant woodlands, UCDOH approved septic and well, and a poured foundation.
5. The application was determined to meet the requirements of an Unlisted SEQRA action.
• A Negative Declaration was determined upon review.
6. The applicant proposes the subdivision of a +/- 8.13 acre parcel (S/B/L 69.3-3-25.120) into two parcels. The original parcel (lot 2.1) is to remain vacant woodlands at present. The new parcel (lot 2.2) is proposed to have a single family residence with a shared drive/right–of-way via two rights-of-way, one over the adjacent lands of William V Sotirovich (for which a deeded right has been filed with the county clerk) and a second over the lands of Alexios Kambouris (lot 2.1).
7. Upon review, the Board concluded that the 2 proposed parcels meet or exceed the bulk standards requirements for the B zoning district.
8. The Board reviewed if the proposed lot could support water and septic. Lot 2.2, on which construction is to occur, has UCDOH approved water and septic.
9. The Board reviewed if the proposed lots shall has safe and legal access. Lot 2.1 will have road frontage on Route 209. The interior parcel (lot 2.2) will have insufficient frontage with road access via shared driveways (2 deeded rights-of-way). The Town of Rochester Subdivision code §125(22)(j)(1) allows the Planning Board to consider lots which do not have 50 ft. of road frontage on a public or private road which will utilize shared driveways.
10. The applicant requested a waiver, as permitted by code, from the required lot frontage for the interior lotto permit a subdivision which would result in access to the single-family dwelling/new lot which does not have the required minimum lot frontage and is proposed to gain access from a shared driveway through the establishment of a right-of-way (as per code) and as indicated on the site plan provided at the November 14th and December 9th 2019 regular Planning Board meeting and shall be amended.
• The Planning Board reviewed the waiver application in the manner as prescribed under subsection § 140-10(D) (3), and received and reviewed a written release to the Townexempting the Town from all responsibility for the maintenance of the proposed shared driveway. The Town Board shall approve the release as a condition of approval.
• The parcel in question is not capable of being subdivided further or is so restricted without further Planning Board approval.
11. The shared driveway shall meet construction and NYS Fire Code standards for shared driveways as a condition of approval.
12. A Public Hearing was held.
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 December 9th, 2019 by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion to adopt findings by: Mr. Zurofsky
Second by : Ms. Maloney
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision- Conditional Final Approval to Alexios and Dru E. Kambouris permitting the subdivision of lands situated at: 4747 Route 209, Accord, NY
The subdivision plan dated October 16th and revised November 25thst 2019 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. Evidence of satisfactory agreements for ownership and maintenance of the shared driveways shall be provided in the form of deed covenants, plat details and a road maintenance agreement prior to a certificate of occupancy being issued for any dwellings on Lot 2.2. Specifically, the applicant shall provide:
a. Proof of Driveway Permit
b. Road Maintenance Agreement shall be presented and approved by the Attorney for the Town. Any costs or fees associated with such review shall be the responsibility of the applicant
c. As prescribed under subsection § 140-10(D) (3), the Town Board must receive and approve the written release received by the Planning Board exempting the Town from all responsibility for the maintenance of the shared driveway and certifying that the lots in question are not capable of being subdivided further or are so restricted without further Planning Board approval.
3. Evidence of satisfactory shared driveway construction shall be provided prior to a certificate of occupancy being issued for any dwelling on lot 2.2.
a. The shared driveway shall:
i. be constructed as indicated on the final plat as per town code: Minimum ROW of 50 feet; minimum pavement (may consist of any all-weather surface and shall have drainage plans satisfactory to the Town Highway Superintendent) width of 16 feet; minimum shoulder width 2 feet on each side.
ii. be constructed and maintained in compliance with NYS Fire Code and be of sufficient width, grade and location to accommodate access by emergency vehicles and services to the lands which are the subject of the subdivision application.
iii. comply with all provisions of 277 of NYS Town Law and shall be maintained in a good and passable condition under all weather conditions to provide access to all emergency vehicles.
4. The applicant shall present a Final Plat for signature with the following amendment. A plat (plan) note shall be included to clearly state:
a. “The Planning Board approves the use of a shared driveway as shown on this plat (plan) to service no more than two single family dwellings via access from a shared driveway through the establishment of a right-of-way. The plat is not capable of being further subdivided or is so restricted without Planning Board approval”
b. 1) Plat shall remove unrelated subdivision notation and insert related notations of right-of-way and deed.
2) Plat shall be amended to show driveway and right-of-way
3) Update plat lot numbers to 2.1 and 2.2
5. 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 and 4 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 four (4) Ulster County Clerk certified copies of the filed plat, the road maintenance agreement and any other related documents to the T/ Rochester Planning Board within 30 days of such filing.
Draft Resolution was prepared by the Chairman and was read, discussed and amended by the Planning Board in Public Meeting at the time of adoption.
Adopted December 9th, 2019, by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion made by : Mr. Jones
Second by: Ms. Maloney
PB 2019-10 SUP/SPA Renewal of Conditional Approval
Renewal of Special Use Permit 2018-03 for Commercial Events Facility
Arrowood Farm LLC applicant
Located at 236 Lower Whitfield Road Accord, NY, SBL 68.4-4-23.111
SEQRA: Type II by code
*Mr. Zorian Pinsky and Ms. Ann Marie Maloney recused themselves at 7:30pm.
Mr. Blake Arrowood and Mr. Jake Meglio were present on behalf of the application.
Chair Lindstrom explained that many of the items needed for review by the Board had not been received til earlier that day. She stated for that reason, there was not a lot to be discussed at that point. She noted the Board would reach out to the Town’s Constabulary and Highway Department as well as the Ulster County Sheriff’s office for their comments or if there had been any complaints.
Chair Lindstrom made the motion to send a letter to the Town of Rochester Constabulary and Highway Department and the Ulster County Sheriff’s office for their comments. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
4 ayes, 0 nays, 1 absent, 0 abstentions, 2 recused.
Chair Jones made the motion to set the public hearing for the January 9th, 2020 meeting. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
4 ayes, 0 nays, 1 absent, 0 abstentions, 2 recused.
It was noted by the Board that the next meeting was January 13th, 2020. Not the 9th.
Mr. Jones motioned to amend the previous motion that set the public hearing for January 9th, 2020 to January 13th, 2020. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
4 ayes, 0 nays, 1 absent, 0 abstentions, 2 recused.
Mr. Jones noted it would be helpful to explain how the applicant would improve on getting the information, especially the noise items, to the CEO in a more timely matter as he saw that they had been late getting those documents to the CEO within the required time frame.
Mr. Zurofsky asked that they provided a log from their events from “Impact Concerts” who did the noise measurements as there was some conflicting information in the Board’s records. He asked that more details be provided for the next meeting.
There was no further discussion.
OTHER MATTERS:
*Ms. Maloney and Mr. Pinsky returned to the meeting at 7:38pm.*
ChairLindstrom explained there was one more item that needed to be discussed:
Accordion Ventures, Inc (Owner)
I’ll Meet You There, Inc (Applicant)
Location: 5164 Route 209, Accord, NY
Proposes new sign on off premise structure. #140-21: Signs (on/off premise) permitted upon review of Planning Board.
Mr. Stephen Apkon was present on behalf of the application.
Mr. Apkon explained they had recently purchased Skate Time 209 wanted to add new signage on the building as they were changing the name and revamping the entire structure. He said the proposed sign was going to be across the street and be with the sign for the camp ground as well.
Chair Lindstrom read for the record what the code stated about off premise signs (see above)
Chair Lindstrom noted that since the building was on Mettacahonts Rd. The Highway Department would need to be contacted for any comments. She said since the sign was on 209, the NYS DOT would need to be contacted for the same, and also to the Ulster County Planning Board for special authorization.
Mr. Zurofsky made the motion to send the application to the Town Highway Department, the New York State DOT and to the Ulster County Planning Board. Mr. Williams seconded the motion.
All In Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.
Chair Lindstrom went through the items of #140-21 (C ):
Sign review criteria. Discretionary signs subject to Planning Board review shall be approved, approved with modifications or disapproved based on the following design criteria:
(1) Signs should not interfere with views of other enterprises, residences or signs;
(2) Whenever feasible, multiple signs should be combined to avoid clutter;
(3) Signs should be as close to the ground as possible;
(4) Sign should be designed, sized and located to blend with buildings and landscapes;
(5) Signs should be located so as to not interfere with clear views required for public safety;
(6) Sign should not present an overhead danger or obstacle to persons below;
(7) Sign sizes should achieve ready visibility without becoming an unnecessary distraction;
(8) Large freestanding signs should be landscaped around the sign base.
Chair Lindstrom went through each item. She stated the sketch for the sign should be redone so the sign would be lower to the ground, while still being visible. She stated they would see what the Ulster County Planning Board came back to them with. She asked Mr. Apkon to have any and all submissions he wanted to provided, in to the Planning Board office by December 27th, 2019.
There was no further discussion.
OTHER MATTERS:
Mr. Jones asked the members in the attendance if they were going to be availability for the December 30th workshop meeting. 1 member was absent and 1 other member stated they would not be there. Another member was uncertain. Mr. Jones stated he would give them until the end of the week to let him and/or the secretary know if they would be in attendance.
Supervisor Baden addressed the Board to inform them that at the Town Board Meeting the previous week a resolution had passed in which applicants would be charged a fee for the Town Attorney. He stated the fee would not be for simple application reviews such as Lot Lines. He stated it would only be for applications that required additional research or time outside of meetings. It would be put in place January 1st, 2020.
ADJOURNMENT:
Mr. Williams made the motion to adjourn the meeting at 8:03pm. Mr. Zurofsky seconded the motion.
All In Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.
Respectfully Submitted,
Brianna Tetro, Secretary
Adopted and Accepted, January 13th, 2020