Planning Board Minutes February 2018

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

MINUTES OF February 12th, 2018 Meeting of the Town of Rochester PLANNING BOARD, held at the Town of Rochester Community Center, Accord, NY.

Chairman Maren asked everyone to stand for the pledge to the Flag.

The Secretary did roll call attendance.

PRESENT: ABSENT:
Maren Lindstrom, Chairman
Rick Jones, Vice Chair
Laurence DeWitt
Patrick Williams
Alonzo Grace
Brian Buchbinder
Sam Zurofsky

Also present:
Shaye Davis, Secretary. Zorian Pinsky Alternate.

ANNOUNCEMENTS AND COMMUNICATIONS
Chairman Lindstrom introduced the new Planning Board member, Brian Buchbinder and the new alternate, Zorian Pinksy and welcomed them to the Board.

TRAININGS
Chairman Lindstrom mentioned that there was the Annual NYPF Conference training in Lake George was on April 22nd to the 24th.

ACTION ON MINUTES
Mr. Jones motioned to approve the December 11th 2017 minutes. Mr. DeWitt seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 0 absent, 0 abstentions

Mr. Williams motioned to approve the January 8th 2018, minutes. Mr. Jones seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 0 absent, 0 abstentions

2017-08 SUP Continued Application/Public Hearing
Amendment to Special Use Permit/Site Plan decision 2015-01 SUP/SPA
Woodstock Farm Sanctuary, Inc.
Proposes amendment to an approved Special Use/Site Plan ±100.5 acre parcel
Proposes construction of a 2800 ft² residential inn and special events facility with new septic, landscaping and modified drive.
Approved for Multiple Uses Animal Sanctuary, Commercial Events Facility, and Inn – Special Use
Agricultural Tourism Enterprises, and Agricultural Retail Sales – Site Plan
Lucas Tpke, S/B/L 69.4-2-11.200, ‘AR-3’, ‘AP Overlay’ and ‘FD Overlay’ zoning districts, Contiguous to Ulster County Ag District #3, Contiguous to Rest Plaus Historic District listed on the National Register, Located within the 100 year flood plain. Contiguous to the Town of Marbletown
SEQRA: Type II (01/08/2017)

Chairman Lindstrom noted that the Ulster County Planning Board did not send a response for the application due to their meeting being canceled due to weather so the Board could not come to a decision and the applicant would have to come back to the March meeting.

Chairman Lindstrom opened the meeting for public comment.

There were no comments.

Chairman Lindstrom motioned to close the public hearing. Mr. DeWitt seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 0 absent, 0 abstentions

2018-01 SUP Renewal of Special Use Permit
Renewal of Special Use Permit decision 2015-01 SUP/SPA
Woodstock Farm Sanctuary, Inc.
Renewal of special use permit for commercial events.
Lucas Tpke, S/B/L 69.4-2-11.200, ‘AR-3’, ‘AP Overlay’ and ‘FD Overlay’ zoning districts, Contiguous to Ulster County Ag District #3, Contiguous to Rest Plaus Historic District listed on the National Register, Located within the 100 year flood plain. Contiguous to the Town of Marbletown
SEQRA: Type I neg dec (07/13/2015)

Mr. DeWitt motioned to schedule the public hearing for the March 12th, 2018 meeting. Mr. Williams seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 0 absent, 0 abstentions

There was no more discussion.

Borrego Solar Systems:
Martin Zanghi from Borrego Solar Systems showed up at the February meeting to give an update on the progress of both applications. He presented the changes to be made to the projects and the new driveway access for the Off Airport Road property. He also gave an update on the Route 209 project. He noted that not much had changed but they have addressed the Clark Paterson Lee comments. He also stated that the mining permits had been closed out.

2018-01 MSUB
Minor Subdivision
Sara Harris
Proposes a minor subdivision of one ±2.93 acre lot into 2 contiguous parcels: one ±2 acre lot and one ±0.93 acre lot to put two existing homes on separate lots. Existing septic and well exist for each proposed lot. Applicant has received an area variance from the ZBA for the nonconforming 0.93 acre lot on 9/21/2017 ZBA 2017-04 AV
4 City Hall Road, SBL 68.3-2-51. R-2 zoned
SEQRA: Unlisted

Terry Ringler was present on behalf of the application.

Mr. Ringler gave a history of the application and its process with the Zoning Board of Appeals.

The Board had no questions for the applicant.

Mr. Williams motioned to type the application as an unlisted action under SEQRA. Mr. Zurofsky seconded the motion.
Roll Call Vote:
Chairman Lindstrom – Yes Mr. Grace – Yes
Mr. Jones – Yes Mr. Zurofsky – Yes
Mr. Williams – Yes Mr. Buchbinder – Yes

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

Mr. DeWitt motioned to schedule the application for public hearing at the March 12th, 2018. Mr. Jones seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 0 absent, 0 abstentions

2017-09 SPA
Site Plan
Rup Kishan Realty
Proposes Retail with 2 @ 2 bedroom apartments above
Route 209, S/B/L 76.9-2-39.100, ‘H’, ‘AP Overlay’ and ‘FD Overlay’ zoning districts,
Located within the 100 year flood plain, within 500’ of Town of Wawarsing
SEQRA: Unlisted

Thomas Kentop from Medenbach and Eggers was present on behalf of the application.

Mr. Kentop gave a brief background of the project.

Chairman Lindstrom asked the Board if they would like to see the sidewalk go to the entry way or continue along Route 209 like the zoning code asks for.

The Board decided they would like to see the sidewalk go to the entrance of the building.

Mr. Zurofsky asked if there could be a cross walk put in to allow access to Bank Road across Route 209.

Chairman Lindstrom stated that the County would have the final say in it.

Chairman Lindstrom asked if Mr. Kentop could submit a written narrative to the Board.

Mr. Williams motioned to type the application as an unlisted action under SEQRA. Mr. DeWitt seconded the motion.
Roll Call Vote:
Chairman Lindstrom – Yes Mr. Grace – Yes
Mr. Jones – Yes Mr. Zurofsky – Yes
Mr. Williams – Yes Mr. Buchbinder – Yes

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

Mr. DeWitt motioned to schedule the public hearing at the March 12, 2018 meeting. Mr. Jones seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 0 absent, 0 abstentions

Mr. Zurofsky motioned to refer the application to the Department of Transportation, Board of Health, the Kerhonkson Fire Department and the Town of Wawarsing. Mr. DeWitt seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 0 absent, 0 abstentions

2017-02 SUP/SPA Continuing Application
Site Plan & Special Use Permit – Resort
Inness NY LLC owner, Sommer Partners, LLC applicant
Proposes expansion of existing use (new construction and modification/change of use) of a ±137 acre parcel
10 Bank Street, Accord, NY, SBL 77.1-1-1, AR-3 zoning. AP Overlay & FD overlay zoning districts.
Adjacent to Ulster County Ag District #3, contains NWI Wetlands, State Freshwater Wetlands, is within 500 ft. of a National Historic Register property, and within 500+ ft. proximity to a state habitat core.
SEQRA: Type 1

Taavo Somer, applicant and Nadine Carney from Peak Engineering were present on behalf of the application.

Mrs. Carney explained the project to the Board and the new studies they had completed. She also submitted the noise study during the meeting. She explained the restaurant will stay and have renovations done, along with the golf course and the event barn. She explained that there was a resort concept to the properties with 14 duplex cabins and a hotel, courtyard and pool. She noted that they will have a landscape plan for the next meeting. She also noted that the parking may change slightly but they will point them out.

Mr. Jones asked about the changes to the Golf Course.

Mrs. Carney explained the changes.

Mr. Jones asked what the disturbance was going to be.

Mrs. Carney stated that technically it would all be disturbed. She stated they can show the disturbed area on a map as well.

There was discussion about allowing the renovations to the Golf Course to happen before the approval from the Planning Board or if the renovations would have to wait until the review is over with the concerns of SEQRA.

Chairman Lindstrom read a letter from Attorney Christiana to the Board. The letter stated “It is my legal opinion that they should be able to move forward with the same concurrently with Planning Board review. I suggest the Board refer them to the Building Department to make sure the updates they plan to make do not need the Planning Board approval and to determine whether they need any building permits for the work they plan to perform.”

The Board could not come to a decision on what should be done and that they would reach out to the Attorney for the Town Christiana.

Mr. Somer showed the Board some of the designs and landscaping to the Board.

Chairman Lindstrom asked if they could do without the big lamp posts along the road and the walkways but having walkway lights on the ground.

The Board agreed they would be okay with low walkway lights.

Mrs. Carney asked if the Board would like to see any of the internal signs or just the road signs.

The Board agreed on just the signage on the road and driveway.

Mr. Zurofsky motioned to type the application as a type I under SEQRA. Mr. Grace seconded the motion.
Roll Call Vote:
Chairman Lindstrom – Yes Mr. Grace – Yes
Mr. Jones – Yes Mr. Zurofsky – Yes
Mr. Williams – Yes Mr. Buchbinder – Yes

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

Mr. Williams motioned to seek lead agency for SEQRA. Mr. DeWitt seconded the motion.
Roll Call Vote:
Chairman Lindstrom – Yes Mr. Grace – Yes
Mr. Jones – Yes Mr. Zurofsky – Yes
Mr. Williams – Yes Mr. Buchbinder – Yes

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

Mr. Zurofsky motioned to send notice to the involved agencies which are the Department of Environmental Conservation, Department of Health and the Army Corps of Engineers. Mr. DeWitt seconded the motion.
Roll Call Vote:
Chairman Lindstrom – Yes Mr. Grace – Yes
Mr. Jones – Yes Mr. Zurofsky – Yes
Mr. Williams – Yes Mr. Buchbinder – Yes

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

Mr. Zurofsky motioned to send notice to the interested agencies which are New York State Historic Preservation Office, Ulster County Planning Board, Town of Rochester Highway Department, Accord Fire District, and the Town of Rochester Historic Preservation. Mr. DeWitt seconded the motion.
Roll Call Vote:
Chairman Lindstrom – Yes Mr. Grace – Yes
Mr. Jones – Yes Mr. Zurofsky – Yes
Mr. Williams – Yes Mr. Buchbinder – Yes

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

OTHER MATTERS:
Chairman Lindstrom stated that she will not be attending the March 12th 2018 meeting.

Chairman Lindstrom motioned to establish the dates of March 26, April 30, June 25, July 30, August 27, September 24, October 29, and November 26 for the purpose of monthly workshop meetings to be held at 7:00pm at the Town of Rochester Community Center. The workshop meetings are subject to cancellation with appropriate notice. Mr. Jones seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 0 absent, 0 abstentions

At 9:20pm Mr. Dewitt and Mr. Jones recused themselves. The alternate, Mr. Pinsky joined the meeting.

Chairman Lindstrom stated that at the March 26th meeting they would hold the Borrego public hearing and Borrego would make a presentation. She stated that at the March 12th meeting Borrego will have new submittals so they could set public hearing.

Mrs. Lindstrom motioned to schedule the two Borrego applications, Off Airport Road and 6140 Route 209 projects, for public hearing on March 26th, 2018. Mr. Zurofsky seconded the meeting.
All in favor. Motion carried.
6 ayes, 0 nays, 0 absent, 0 abstentions

At 9:32pm Mr. DeWitt and Mr. Jones returned to the Board.

Mr. DeWitt motioned to adjourn the meeting at 9:33pm. Mr. Jones seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 0 absent, 0 abstentions
Respectfully submitted,
Shaye Davis, Secretary

Adopted and accepted, March 12th, 2018