Planning Board Minutes January 11th, 2021

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

MINUTES OF January 11th, 2021 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
Sam Zurofsky, Vice Chair Person
Patrick Williams
Rick Jones
Zorian Pinsky
Ann Marie Maloney

ALSO PRESENT:
Mary Lou Christiana, Town Attorney. Brianna Tetro, Secretary. Supervisor Mike Baden, Town Supervisor, Meeting Host, and Planning Board Liaison.

ANNOUNCEMENTS and COMMUNICATIONS

-January 25th, 2021 Workshop Meeting Decision:
Chair Lindstrom made the motion to have the January 25th, 2021 Workshop meeting. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.

Chair Lindstrom explained what would be going on at the January 25th, 2021 workshop meeting. She stated there would be an overall review process of general Board procedures. She added she’d like to invite the members of the Zoning Board of Appeals (ZBA) to the meeting as well, as she and Bruce Psaras, ZBA Chairman, had discussed having more communication between the two Boards.

Supervisor Baden communicated that if the Planning Board wanted members of the ZBA in attendance at the workshop meeting, it would need to be noticed as a joint meeting.

Chair Lindstrom made the motion to declare the January 25th, 2021 Workshop meeting as a joint meeting between the Planning Board and ZBA and have it advertised as such. Ms. Maloney seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.

Supervisor Baden spoke again and noted the Chair of the ZBA, Bruce Psaras, could agree to having a meeting with the Planning Board without the other ZBA members approval.

Chair Lindstrom stated she would reach out to Mr. Psaras to get his thoughts.

TRAININGS:

Chair Lindstrom stated that secretary Tetro had sent out a few new trainings for the 2021 year.

ACTION ON MINUTES:

Approve December 14th Regular PB Meeting Minutes & December 1st Workshop Meeting Minutes:

Chair Lindstrom made the motion to approve both the December 14th, 2020 Regular Meeting and December 1st, 2020 Workshop Meeting minutes. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.

APPLICATION REVIEW:

PB 2021-01 LLI New Application
Matthew & Lauren Bninski (Owner & Applicant)
Lot Line Improvement
The applicant proposes the combination of three lots: S/B/L 68.1-3-15.130 (+/- 7.5 acres), S/B/L 68.1-3-15.120 (+/- 16.2 acres), and S/B/L 68.1-3-15.200 (+/- 2.5 acres) by the deletion of lot lines to combine parcels into one +/- 25.2 acre parcel. The parcels are located at Cedar Road, Kerhonkson, NY, The parcels are in the R-2 zoning district.
SEQRA: Type II by code

Mr. And Mrs. Matthew and Lauren Bninski were present on behalf of the application.

Mrs. Bninski explained the application.

The Board discussed some aspects of the application but did not see anything that was concerning.

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

Decision: PB 2021-01 LLI

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

Applicant: Matthew & Lauren Brinski
Owner: Matthew & Lauren Brinski

Reason for Request:
The applicant proposes the combination of three lots: S/B/L 68.1-3-15.130 (+/- 7.5 acres), S/B/L 68.1-3-15.120 (+/- 16.2 acres), and S/B/L 68.1-3-15.200 (+/- 2.5 acres) by the deletion of lot lines to combine parcels into one +/- 25.2 acre parcel. The parcels are located at Cedar Drive, Kerhonkson, NY, The parcels are in the R-2 (Low Density Residential) zoning district.

Location: Cedar Drive, Kerhonkson, NY
S/B/L: S/B/L 68.1-3-15.130 (+/- 7.5 acres), S/B/L 68.1-3-15.120 (+/- 16.2 acres), and S/B/L 68.1-3-15.200 (+/- 2.5 acres)
Zoning District: R-2 (Low Density Residential) zoning district.

Zoning Permit filed: 11/12/2020 SEQR Type: Type II by definition
Planning Board Application #: 2021 – 01 LLI PB Application filed: 12/01/2020

* * * *
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.

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 SBD Public Hearing/Continued Application
Jason Gnewikow & Jeffrey 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. Jeffrey Madalena and Mr. Jason Gnewikow were present on behalf of the application.

Mr. Jones began by complimenting how organized and efficient the applicant had been through the entire review process. He stated that on a previously submitted map, a wood road had been indicated, but on the most recent map submission it was not there.

Chair Lindstrom stated the wood road needed to be added back on to the final maps.

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. Jones- Yes
Mr. Zurofsky- Yes Mr. Pinsky- Yes
Mr. Williams- Yes Ms. Maloney- Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.

The Board went through the Part II EAF.

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

Chair Lindstrom explained letters had been sent out to the following agencies for comments: Town of Rochester Environmental Conservation Commission (ECC), Historic Preservation Commission (HPC), and Highway Department. She stated that the Highway Department had responded that any new driveway would require a permit. She read the ECC’s response:
“January 2020
ATTN: Maren Lindstrom and Town of Rochester Planning Board Town of Rochester 50 Scenic Drive Acord, NY 12404
Re: PB 2020-10 SBD Jason Gnewikow & Jeffery Madalena (Owner & Applicant) Minor Subdivision
Dear Town Planning Board members: The members of the Town of Rochester Environmental Conservation Commission (TORECC) submit the following statement regarding PB 2020-10 SBD Application: We have reviewed the application materials and it seems that neither the Ulster County Habitat Core Lands nor the steep slope lands appear to be at risk of disturbance from the proposed construction if proper precautions are taken. There do not appear to be wetlands or any other ecologically sensitive areas on the properties, according to the surveys provided. We would only encourage the owners to replace any lost trees with native habitat.
Sincerely, The Members of the Town of Rochester Environmental Conservation Commission”

Chair Lindstrom opened the public hearing.

There were no comments from the public.

Chair Lindstrom made the motion to close the public hearing. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.

Chair Lindstrom read the decision:

Decision: PB 2020-10 SBD
Minor Subdivision Conditional Final Approval

Applicant: Jason Gnewikow & Jeffrey Madalena

Reason for Request: A two lot subdivision of the lands at 412 Whitfield Road, Accord, NY S/B/L 69.1-1-2.200 +/- 20.17 acres.

Location: 412 Whitfield Road, Accord, NY
Total Acreage: ±20.17 acres
S/B/L: S/B/L 69.1-1-2.200 Zoning District: R-2 (Low Density Residential)
Parcel is in the R-2 (Low Density Residential) Zoning District

Code Enforcement Determination: Minor Subdivision
Zoning Permit: 461 of 2020

Planning Board Application: 2020-10 SBD
PB Application filed: 10/22/2020 EAF filed: 10/19/2020

SEQR Type: Unlisted, Uncoordinated – 01/11/2021
SEQR Determination: Negative Declaration – 01/11/2021
Other Agency Referrals: Town of Marbletown

Documents considered by the Planning Board for review

1. Zoning Permit 461 of 2020 determination of Minor Subdivision received 10/22/2020 & dated 10/19/2020
2. Code enforcement determination letter received 10/22/2020
3. Planning Board Subdivision application 2020-10 SBD received 10/22/2020
4. NYS DOH waste disposal permit for septic received 11/16/2020
5. Short Form EAF Part 1 received 10/19/2020
6. Preliminary Site Plan received 10/22/2020. Revised 11/16/2020, 12/22/2020
7. NYS DEC Natural Resources Map of parcel and aerial map of parcel, 12/14/2020
8. Letter from TOR Highway Superintendent received 12/29/2020
9. Letter from TOR Environmental Conservation Commission received 1/5/2021
10. Letter from TOR Historic Preservation Commission received 1/5/2021

Notice of Public Hearing:

1. Published in the December 31st, 2021 edition of the Daily Freeman.
2. Notice by mail to known landowners within 500’.
3. Posted on the T/ Rochester Clerk bulletin board and Town of Rochester website.

Date of Public Hearing: 1/11/2021 Place: Virtual Meeting(s), Accord, NY
Public Comment: (see Minutes of Town of Rochester Planning Board, 1/11/2021)
* * * *
Findings of the Planning Board
1. The Planning Board received zoning referral and determination letter for a minor subdivision from the Code Enforcement Officer.
2. The applicant met with the Planning Board and presented the subdivision map for review. The Board discussed and reviewed the proposed subdivision and requested additional map details: topography, ecological overlays and the names of additional adjacent property owners and deed libor page be added to the subdivision plat.
3. The parcel is in the R-2 zoning district. The applicant proposes the subdivision of S/B/L 69.1-1-2.200 (+/-20.175 acres) into 2 parcels of +/-10.58 (lot 1), and +/- 9.59 (lot 2). The existing plat is filed with the Ulster County Clerk.
4. The current use of the parcel is residential and woodlands. Lot two has an existing single family dwelling, well and septic. Town of Rochester R-2 zoned districts are Low Density Residential Districts, this district is intended to recognize and preserve the integrity of predominantly low density rural residential areas of the Town and to protect them from incompatible uses.
5. In the interior of the parcel, the lands to be subdivided contain steep slopes and Ulster County Habitat Core Lands/NYS DEC Hudson Valley Core Forest Lands. As defined by the DEC [these are]: “interior forest areas surrounded by at least a 100 meter wide buffer of edge forest…avoiding further fragmentation of core forests will help conserve the integrity and value of ecologically significant forest patches” [sic]. Upon review and in concurrence with written commentary from the TOR Environmental Conservation Commission (ECC) it was determined by the Board that neither the steep slopes nor the Core Habitat/Core Forest Lands appear to be at risk of disturbance. The ECC made comment that [they] “would encourage the owners to replace any lost trees with native habitat.” This suggestion shall be included in the conditions of approval.
6. A portion of a shale quarry is found in the south/southwestern boundary of the parcel (proposed lot 1).
7. The existing single family dwelling on the parcel is listed on the TOR Historic Resources Inventory. The TOR Historic Preservation Commission responded that the subdivision will not have a negative impact on the historic character of the home or the area.
8. The application was determined to meet the requirements of an Unlisted SEQRA action.
• A Negative Declaration was determined upon review.
9. A Public Hearing was held.
10. The Board reviewed if the proposed lot has safe and legal access.
• The Board concludes that proposed lots will have adequate >/= 50 foot frontage on the Town Highway Whitfield Road. The Board contacted the TOR Highway Superintendent, who respectively responded that the proposed lots meet TOR access requirements, but that driveway permits would be required for any and all new access to the Town Highway.
• Proposed access for the new lot one (1) is via connection of the driveway to the Town Highway through an existing disused woods road.
11. The parcel is in the R-2 zoning district. Upon review, the Board concludes that the 2 proposed parcels meet or exceed the bulk standards requirements for the R-2 zoning district.
• The Board reviewed if the proposed lots could support water and septic. The Planning Board received a NYS DOH permit for the new lot one (1) waste disposal system.
• The Board requested the final site plan show corrected access (ingress-egress) detail for the proposed new lot 1.

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 January 11th, 2021 by the following vote:
Ayes: 6 Nays: 0 Absent: 1

Motion to adopt findings by: Mr. Zurofsky
Second by : Mr. Williams
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision- Conditional Final Approval permitting the subdivision of lands situated at: 412 Whitfield Accord, NY.

The subdivision plan dated October 18th, 2021 is approved with the following conditions.

CONDITIONS of APPROVAL:

1. All fees due to the Town of Rochester involving this application shall be paid in full prior to the Chair’s signature on the Final Plat.
2. The applicant shall present a Final Plat for signature. The following plat notes shall be included on the recorded Final Plat Map: (1) “any further subdivision shall be treated as a major subdivision under TOR subdivision law §125. (2) “subdivision shall adhere to TOR subdivision law §125-21 and -22 General Site Requirements and Subdivision Design, specifically §125-22 (8)”.
3. The Final Plat shall show the proposed location of septic, well, access (ingress-egress) and structures.
4. The applicant is encouraged to replace any lost trees with native habitat and discouraged from disturbing the steep slopes and Ulster County Habitat Core Lands/NYS DEC Hudson Valley Core Forest Lands existing in the rear of the proposed lots.
5. All required Local, County, State or Federal permits shall be secured for the current and future use of these lands, specifically local driveway permits.

This Conditional Final Approval shall expire 180 days from this approval date unless the Final Plat is presented and signed by the Chairman. This period may be extended for two additional 90 day periods upon application to and resolution by the T/ Rochester Planning Board.

The Town of Rochester Planning Board further grants Minor Subdivision- Conditional Final Approval permitting the subdivision of lands upon satisfactory completion of the conditions of approval 1 – 3 and grants the authority to the Chairman to certify that the conditions have been met and review, sign and date the plat without further resolution at such time.

EFFECT of APPROVAL:

1. The owner shall file in the office of the Ulster County Clerk such approved plat bearing the Chairman’s signature and any other related documents within 62 days from the date of signature or such approval shall be deemed to expire without further notice in accordance with NYS Town Law §276.
2. The owner shall have the responsibility to return three (3) Ulster County Clerk certified copies of the filed plat and any other related documents to the T/ Rochester Planning Board within 30 days of such filing.

Adopted January 11th, 2021, by the following vote:
Ayes: 6 Nays: 0 Absent: 1

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

PB-2020-09 SBD Public Hearing/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: Unlisted Coordinated, Negative Declaration December 14th, 2020

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

Mrs. Carney explained that they had obtained a building permit for the new garage building on the proposed lot 2, as they had decided to turn the garage into a residence. She stated that negated the need for a use variance in front of the Zoning Board of Appeals, and that they would only need an area variance going forward should the subdivision be approved.

Chair Lindstrom noted if that were the case, they needed to obtain an amended zoning permit.

Mrs. Carney stated there had been an updated zoning permit provided.

Chair Lindstrom stated she had not seen the updated permit.

Chair Lindstrom opened the public hearing.

Chair Lindstrom read a letter addressed to the Board from Linda Wuest:
“To Whom It May Concern;
I have received two letters from the Town of Rochester concerning an application for a variance on property owned by Craig and Alison Williams.
The first letter was for a meeting on December 17, 2020. It arrived too late for me to respond. The notice stated “Area Variance and Use Variance” (2020-06AV/UV).
An address was given as 533 Queens Highway.
The second letter is for the meeting today, January 11, 2021. The notice states “Minor Subdivision” with an code of PB-2020-09 SBD.
I am OPPOSED to any decision on this matter for several reasons :
Do both letters address the same issue? There needs to be further clarification of the intent of the property owner.
Why is there no map provided to indicate the properties involved and again the intent of the property owner? Since a map is required for a permit, I would think a map should be included for the purpose of a variance.
Finally, I find it ironic that the Town of Rochester sends a notice requesting a variance when it clearly fails to enforce existing ordinances, for example, the “junk yard” on the very same road.
Respectfully, Linda Wuest, 517 Old Kings Highway, (PO Box 327), Accord, NY 12404”
There were no further comments from the public.

Chair Lindstrom made the motion to close the public hearing. Ms. Maloney seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.

Chair Lindstrom explained she did not have a decision for the applicant that evening due to the fact that she had not seen the updated zoning permit. She also noted a certificate of occupancy (C/O) would be needed for the new residence.

Mr. Zurofsky stated obtaining a c/o for the new residence needed to be in the conditions of approval.

Chair Lindstrom stated the following map notes needed to added: 1) subdivision note where it states any further subdivision would be considered a major. 2) There were 2 flags lots currently on the property, and only a maximum of 3 were allowed and needed to be noted on the final plat. 3) The small habitat core would not be disturbed and 4) 125-21 and 222 #1and #8.

Supervisor Baden voiced that the application could be added to workshop meeting.

Mr. Jones said he was okay with it being added to the workshop meeting as long as it was quick, due to the the already full agenda.

Chair Lindstrom said it should be quick as it was only the decision that needed to be done.

Mr. Jones made the motion to add the application to the January 25th, 2021 Workshop meeting. Ms. Maloney seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.

Mrs. Carney asked for the conditions of the decisions prior to the workshop meeting.

Mr. Zurofsky stated it was mostly adding standard map notes.

Chair Lindstrom added she could give Mrs. Carney the map notes requested as the map looked done, but adding the notes on the maps wasn’t going to speed up the application and/or decision.

PB 2020-05 SPA Public Hearing/Continued 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 to refresh the Board and public. She noted that the Board had motioned to type the application as an unlisted/uncoordinated action for SEQRA at the December 14th, 2020 regular meeting.

Supervisor Baden asked Chair Lindstrom if the Board had received the Ulster County Planning Board’s (UCPB) response to the referral sent.

Chair Lindstrom stated it had not yet been received.

Supervisor Baden stated he knew it was stated there was no county impact but until it got to the Board, it was not official.

Chair Lindstrom explained that the requested documents at last month were: The emissions report as well as the lease agreement. She stated these items had come late in the afternoon and most of the Board members had not yet seen them. She stated even if they had received the comments from the UCPB, there still would have not been a decision until the February 8th, 2021 meeting.

Ms. Hebel explained what had been in the emission report for the Board and apologized for not having it sooner.

The Board went through the EAF Part II.

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

Chair Lindstrom opened the public hearing.

No one from the public spoke.

Chair Lindstrom made the motion to close the public hearing. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.

There was no further discussion from the Board.

Chair Lindstrom stated that there would be a decision at the February 8th, 2021 Regular meeting.

PB 2020-07 SBD Public Hearing/Continued 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
SEQRA: TBD

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

Chair Lindstrom explained what the application was about. She stated Mr. Ringler had provided all the details requested.

Mr. Ringler added that the proposed building would take place 196 ft away from the stream on the property.

*8:02pm Ms. Maloney lost connection to the Zoom meeting*

Chair Lindstrom made the motion to type the application as an unlisted/uncoordinated action for SEQRA. Mr. Zurofsky seconded the motion.
Roll Call:
Chair Lindstrom- Yes Mr. Jones- Yes
Mr. Zurofsky- Yes Mr. Pinsky- Yes
Mr. Williams- Yes
All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions, 2 absent.
*Ms. Maloney was absent for this motion.

The Board went through the EAF Part II.

*Ms. Maloney returned to the meeting at 8:06pm*

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

Chair Lindstrom pulled up the DEC Resource Mapper and discussed with the Board.

*Mr. Ringler lost connection to the meeting at 8:10pm*

Mr. Jones asked if the disturbance of land be limited to where the driveway was going to be and the proposed home, not the surrounding area.

Attorney Christiana advised that the Board table discussion on the application until Mr. Ringler was able to return to the meeting.

*Mr. Ringler returned to the meeting at 8:13pm*

Chair Lindstrom got Mr. Ringler up to speed on the discussion he had missed.

Mr. Ringer stated that a map note could be added to the final maps stating no clear cutting, with the exception of the driveway and the proposed home, would be done on the surrounding area.

Chair Lindstrom opened the public hearing.

There were no comments from the public.

Chair Lindstrom made the motion to close the public hearing. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.

Chair Lindstrom read the decision:

Decision: PB 2020-07 SBD
Minor Subdivision Conditional Final Approval

Applicant: Jason Gnewikow & Jeffrey Madalena

Reason for Request: A subdivision of two vacant conforming lots (on one tax map S/B/L but with two separate deeds: parcel one +/- 5.406 acres and parcel 2 +/- 4.06 acres) into four lots: parcel 1 +/- 2.29 acres parcel 2 +/- 2.3 acres parcel 3 +/- 2.0 acres and parcel 4 +/- 2.88 acres. Lands are located on Upper Cherrytown Road, Kerhonkson, NY and are in the R-2 ((Low Density Residential) zoning district. The proposed lots contain farmland of statewide importance and the rear of proposed lot 4 fronts the Mombaccus Creek

Location: Upper Cherrytown Road, Kerhonkson, NY
Total Acreage: ± 9.466 acres
S/B/L: S/B/L 67.-1-56 Zoning District: R-2 (Low Density Residential)
Parcel is in the R-2 (Low Density Residential) Zoning District

Code Enforcement Determination: Minor Subdivision
Zoning Permit: 549 of 2020

Planning Board Application: 2020-13 SBD
PB Application filed: 11/30/2020 EAF filed: 11/30/2020

SEQR Type: Unlisted, Uncoordinated – 01/11/2021
SEQR Determination: Negative Declaration – 01/11/2021
Other Agency Referrals: N/A

Documents considered by the Planning Board for review

11. Zoning Permit 549 of 2020 determination of Minor Subdivision dated 11/19/2020
12. Code enforcement determination letter received and dated 11/23/2020
13. Planning Board Subdivision application 2020-13 SBD received 11/30/2020
14. Narrative letter explaining proposed subdivision and authorizing Terry Ringler to represent applicant Chad Burns, received November 30th, 2020
15. Engineering certification by Paul J. Mele Consulting Engineer of deep well tests and adequacy of lots for well and septic received 12/07/2020
16. Short Form EAF Part 1 received 11/30/2020
17. Preliminary Site Plan received 11/29/2020. Revised 12/30/2020
18. NYS DEC Natural Resources Map and aerial view of parcel reviewed 1/11/2021

Notice of Public Hearing:

4. Published in the December 31st, 2021 edition of the Daily Freeman.
5. Notice by mail to known landowners within 500’.
6. Posted on the T/ Rochester Clerk bulletin board and Town of Rochester website.

Date of Public Hearing: 1/11/2021 Place: Virtual Meeting(s), Accord, NY
Public Comment: (see Minutes of Town of Rochester Planning Board, 1/11/2021)
* * * *
Findings of the Planning Board
12. The Planning Board received zoning referral and determination letter for a minor subdivision from the Code Enforcement Officer.
13. The applicant’s representative Terry Ringler met with the Planning Board and presented the subdivision map for review. The Board discussed and reviewed the proposed subdivision and requested additional map details: topography, ecological overlays and 100 foot stream setback be added to the subdivision plat. The Board further requested verification for well and septic.
14. The parcel is in the R-2 zoning district. The applicant proposes the subdivision of two vacant conforming lots (on one tax map S/B/L but with two separate deeds: parcel one +/- 5.406 acres and parcel 2 +/- 4.06 acres) into four lots: parcel 1 +/- 2.29 acres parcel 2 +/- 2.3 acres parcel 3 +/- 2.0 acres and parcel 4 +/- 2.88 acres.). The existing plat(s) is filed with the Ulster County Clerk.
15. The current use of the parcel is vacant woodlands. Town of Rochester R-2 zoned districts are Low Density Residential Districts, this district is intended to recognize and preserve the integrity of predominantly low density rural residential areas of the Town and to protect them from incompatible uses.
16. The lands to be subdivided are largely flat/rolling woodlands with some steep slopes in the rear of proposed lot 4. Proposed lot 4 further borders a NYS DEC regulated stream and contains a wetlands yard in the rear as defined by the Town of Rochester chapter 140-12E (proposed lot 4 partially fronts the Mombaccus Creek). Disturbance within 100 feet of the stream shall not be permitted by 140-12(E), and DEC Article 15 of the Environment Conservation Law shall apply and be a condition of approval. Both conditions shall be noted on the final plat.
17. In reference to the steep slopes found on the proposed subdivision. § 125-22. “Subdivision design” of the TOR Subdivision Law requires ”all grading and earthmoving on slopes exceeding 15% grade shall be minimized. No site disturbance shall be allowed on slopes exceeding 25% grade, except grading for a portion of a driveway accessing a single-family dwelling when it can be demonstrated that no other routing that avoids slopes exceeding 25% is feasible.” Upon review, it was determined by the Board that the steep slopes do not appear to be at risk of disturbance. Disturbance of lands with a slope greater or equal to 25% shall not be permitted as a condition of approval and this shall be noted on the final plat.
18. The proposed subdivision lots contain NYS DEC defined Hudson Valley Core Forest Lands in the rear third of the proposed subdivision. As defined by the DEC [these are]: “interior forest areas surrounded by at least a 100 meter wide buffer of edge forest…avoiding further fragmentation of core forests will help conserve the integrity and value of ecologically significant forest patches” [sic]. Furthermore the proposed subdivision is largely covered by lands of the highest value on the NYS DEC forest conditions index and contains “Known Important Areas for Rare Terrestrial Species” as defined by the NYS DEC.
19. Under TOR Subdivision Law § 125-22 “Subdivision design” “applicants shall, to the maximum extent practicable, protect significant natural areas known from official records to contain rare or endangered plants and animals, as well as other features of natural significance identified by the Town’s Comprehensive Plan or by the applicant’s existing resources and site analysis”. Furthermore, “subdivisions shall be designed to preserve woodlands along roadways, property lines, streams, swales, stone fences and hedgerows. Such lines and the existing vegetation associated with them shall be preserved as buffers between adjacent properties and between areas being subdivided within a property”. Upon review, it was determined by the Board that the proposed placement of dwelling units toward the front third of the proposed lots one, two and three will limit disturbance the Core Habitat/Core Forest Lands, but respect the preservation of woodlands along the roadway. Woodlands of lot four were previously cleared and a driveway previously cut. These design parameters shall be included in the conditions of approval.
20. Under TOR Subdivision Law § 125-22 “Subdivision design” “Existing vegetation and topography should be used to buffer and screen new buildings if possible, unless they are designed and located close to the road in the manner historically found in the Town. Buildings should be sited in groups or tucked behind treelines or knolls rather than spreading them out across the landscape in a “sprawl” pattern. Clearing of vegetation at the edge of the road should be minimized, clearing only as much as is necessary to create a driveway entrance with adequate sight distance.” The Board determined upon review that the proposed dwelling locations are relatively well clustered toward the Town Roadway and the proposed subdivision preserves vegetation at the roadway.
21. The application was determined to meet the requirements of an Unlisted SEQRA action.
• A Negative Declaration was determined upon review.
22. A Public Hearing was held.
23. The Board reviewed if the proposed lot has safe and legal access.
• The Board concludes that proposed lots will have adequate >/= 50 foot frontage on the Town Highway Upper Cherrytown Road. Driveway permits shall be required for any and all new access to the Town Highway.
• Access for an interior flag lot also owned by the applicant is adjacent to proposed lot one. The applicant proposes, as a part of the subdivision, to do a Lot line improvement of +/- 0.2 acres conveying lands from proposed lot one to the rear flag lot S/B/L 67./-1-78 so as to bring said lot into compliance with the lot standards requiring >/= 50 foot frontage onto a roadway.
24. The parcel is in the R-2 zoning district. Upon review, the Board concludes that the 2 proposed parcels meet or exceed the bulk standards requirements for the R-2 zoning district.
• The Board reviewed if the proposed lots could support water and septic. The Planning Board received a certification of deep well tests and the ability of the proposed lots to support well and septic from Paul Mele, consulting engineer.

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 January 11th, 2021 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 permitting the subdivision of lands situated at: 412 Whitfield Accord, NY.

The subdivision plan dated November 29th, 2021 is approved with the following conditions.

CONDITIONS of APPROVAL:

6. 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.
7. The applicant shall present a Final Plat for signature. The following plat notes shall be included on the recorded Final Plat Map:
a. (1) “any further subdivision shall be treated as a major subdivision under TOR subdivision law §125.
b. (2) “the subdivision shall adhere to TOR subdivision law §125-21 and -22 General Site Requirements and Subdivision Design, specifically §125-22 (5) (7), (8), (11) and (12)”.
c. (3) DEC Stream”This property contains a New York State regulated stream. For as long as any portion of the property described in this deed is subject to regulation under Article 15 (Protection of Waters) of the Environmental Conservation Law (ECL) of the State of New York, there shall be no regulated activity as defined by Article 15 of the ECL on this property within the bed or banks of this stream at any time without having first secured the necessary permission and permit required pursuant to the above noted. Article 15 from the NYS Department of Environmental Conservation (DEC). This restriction shall bind the Grantees, their successors and assigns and shall be expressly set forth in all subsequent deeds to this property.”
d. (4) Rochester Waterway: “As per the Code of the Town of Rochester §140-12(E), each lot fronting on a named stream depicted on United States Geological Survey maps shall include a setback of 100 feet in depth from the high water mark of such stream. No principal structure shall be located within such setback, except by Planning Board authorization provided other mitigating measures such as deed covenants limiting clearing near the stream are employed to protect stream quality.”
e. (5) Disturbance of lands with a slope greater or equal to 25% shall not be permitted.
8. All grading and earthmoving on slopes exceeding 15% grade shall be minimized. No site disturbance shall be allowed on slopes exceeding 25% grade, except grading for a portion of a driveway accessing a single-family dwelling when it can be demonstrated that no other routing that avoids slopes exceeding 25% is feasible.
9. Applicants shall, to the maximum extent practicable, protect significant natural areas known from official records to contain rare or endangered plants and animals, as well as other features of natural significance identified by the Town’s Comprehensive Plan or by the applicant’s existing resources and site analysis (specifically the NYS DEC Hudson Valley Core Forest Lands existing in the rear third of the proposed lots). The applicant is encouraged to replace any lost trees with native habitat.
10. All required Local, County, State or Federal permits shall be secured for the current and future use of these lands, specifically local driveway permits.

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 – 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:

3. 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.
4. The owner shall have the responsibility to return three (3) Ulster County Clerk certified copies of the filed plat and any other related documents to the T/ Rochester Planning Board within 30 days of such filing.

Adopted January 11th, 2021, by the following vote:
Ayes: 6 Nays: 0 Absent: 1

Motion made by: Mr. Pinsky
Second by: Ms. Maloney

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: Unlisted Uncoordinated, Conditional Negative Declaration December 12/14/2020

Ms. Heather Gabriel was present on behalf of the application.

Ms. Gabriel explained what the application was about.

Chair Lindstrom stated the application now had to be sent to CPL. She showed a number of pictures provided by Susan Gray, a neighbor of the applicant, that further showed the need for a SWPP. She noted there also needed to be an analyst done on the slope on the property and the disturbance building on that area could cause. Chair Lindstrom asked about the high water mark and referenced140-12(E ): “Waterfront yards. Each lot fronting on a named stream depicted on United States Geological Survey maps shall include a setback of 100 feet in depth from the high water mark of such stream. No principal structure shall be located within such setback. The Planning Board shall, however, be authorized to modify this requirement where necessary or to accommodate reasonable use of properties outside the floodplain, provided other mitigating measures such as deed covenants limiting clearing near the stream are employed to protect stream quality.”

Mr. Williams asked where on the property was being shown on the pictures that Mrs. Gray had submitted.

Chair Lindstrom stated it was part of lot #1 and lot #2.

Mr. Jones asked if CPL would review the SWPP.

Chair Lindstrom said they would review the application in its entirety.

Chair Lindstrom opened the public hearing.

Mrs. Susan Gray stated she had sent the photos after the rain and heavy snow that happened at the end of December and that it had flooded the culvert pipe under the driveway because of the grade of the land. She stated water often goes across the Byrne’s driveway and onto the road which then causes her driveway to become flooded.She said that on lots 2 and 3, the water pools on the road because of the slope of the land and she was very concerned about the building of homes being built on the slopes because of water. She said she had many concerns about the impacts of the project.

There were no other comments from the public.

Chair Lindstrom made the motion to send the application to CPL for review, as escrow had already been set. Mr. Jones seconded the motion.
Roll Call:
Chair Lindstrom- Yes Mr. Jones- Yes
Mr. Zurofsky- Yes Mr. Pinsky- Yes
Mr. Williams- Yes Ms. Maloney- Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.

Ms. Liz Axelson from CPL, explained what they would do in terms of review. She stated she would do a comprehensive review per code, get a blank EAF form and go through the document, and have the engineers go through the SWPP and grading.

Chair Lindstrom made the motion to keep the public hearing open. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.

There was no further discussion.

*The Board took a break from 8:53pm-9:03pm*

PB 2021-01SPA New Application
Lowell Deutschlander (Owner) Marie-Lou Despoux (Applicant)
Home Occupation Type 2
Applicant proposes a 240 sq foot home based winery to be located in a single family dwelling, a Home Occupation Type 2 per 140-19A
Property is S/B/L 76.4-2-11.400 (+/- 12.2 acres) located at 220 Granite Road, Accord, NY and in the R-2 Zoning District
SEQRA: TBD

Ms. Marie-Lou Despoux and Mr. Lowell Deutschlander were present on behalf of the application.

Ms. Despoux explained the reason for the application.

Mr. Jones asked if the building the proposed winery would be located in, was complete.

Ms. Despoux stated it was under construction.

Mr. Jones asked the size of the building.

Ms. Despoux responded it was 1500 sq ft.

Mr. Jones asked if the proposed water usage would impact neighbors and if that was something the Board should be concerned about.

Ms. Despoux explained she was working with an engineer to address the water usage.

Mr. Deutschlander stated the operation would be seasonal and they would be able to accommodate the usage with no impact to the neighbors.

Ms. Despoux added this was just a starting point for the proposed winery. She stated she would see how it went as a home occupation and then, the plan was, to move to a bigger space.

Attorney Christiana asked if they could get a copy of the well logs.

Mr. Deutschlander sated they could submit their well logs to the Board.

The Board discussed the application further, especially the concern over the water usage.

Mr. Zorofsky questioned if the application fit the Class II Home occupation definition and suggested sending it back to the CEO for further review due to the scale of the operation.

Attorney Christiana stated that it was the CEO’s determination, even if the Board was in disagreement.

Chair Lindstrom noted that it didn’t seem to fit the criteria of a Home Occupation Class II and had a larger commercial us, more so along the lines of a Special Use Permit.

Mr. Zurofsky agreed it seemed much larger than a normal house occupation.

Attorney Christiana reminded the Board that the proper process, if they agreed that the CEO’s determination was incorrect, would be sending it to the Zoning Board of Appeals (ZBA) and having them review.

Chair Lindstrom stated there were three potential options at the moment for the application: 1) The application can be turned down 2) Appeal to the ZBA or 3) Applicant could go to the CEO on their own and the CEO could give an amended determination.

Ms. Maloney expressed her concern that the applicant would do special events as that had happened with applications in the past.

Mr. Zurofsky explained that applications in the past had been in an Ag District, so that had a factor in them being able to do special events.

Ms. Despoux explained they did intend to grow some items on their own but only about a quarter of an acre would be used for growing.

The Board discussed the application further.

Chair Lindstrom stated the best step to go forward was to have a meeting with the applicants, the CEO, and the Chair in order to get on the same page.

There was no further discussion.

PB-2020-11 SBD Continued Application
Jack Schoonmaker (Owner & Applicant)
Major Subdivision
The applicant proposes a three lot subdivision of lands located at Tow Path Road, Garden Lane & Lawrence Road, Accord, NY S/B/L 77.1-3-2.113+/- 296 acres. Lot one of +/- 3.1 acres is proposed to front Lawrence Road. Lot 2 of +/- 3.1 acres is proposed to front Tow Path Road. Lot one and lot two propose the construction of single family dwellings, and will need well and septic. The remaining third parcel will be the remaining lands of +/- 290 acres. The parcel is in the Ulster County Ag District, AP Overlay District, contains prime farmland and farmland of statewide importance, is within 500 feet of two registered historic structures: the Alliger-Davenport House and the proposed remaining parcel contains the Joachim Schoonmaker Farm House. The parcel is currently used for hay and contains gently sloping to flat lands. The parcel is in the AR-3 Zoning District, As the parcel was previously subdivided in 2014 (a 3.16 acres parcel) and received a natural subdivision permit for an additional +/- 3.06 acre parcel in 2019 the application is a re-subdivision of lands which as per 125-12 constitutes a major subdivision.
SEQRA: TBD

*Mr. Williams recused himself at 9:43pm*

Ms. Heather Gabriel was present on behalf of the application. Mr.Dan Schoonmaker was also present on behalf of the application.

Chair Lindstrom refreshed the Board on the details of the application. She stated that the applicant’s representative provided waivers for #125-14 E, I, and J for a Major Subdivision.

The Board discussed the waivers.

Chair Lindstrom made the motion to grant the requested waivers. Mr. Jones seconded the motion.
Roll Call:
Chair Lindstrom- Yes Mr. Pinsky- Yes
Mr. Zurofsky- Yes Ms. Maloney- Yes
Mr. Jones-Yes
All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions, 1 absent, 1 recused.

There was no further discussion.

PB 2020-04 SUP Continued Application
Henry Rich (Owner and Applicant)
Special Use Permit
The applicant proposed the conversion of existing pottery studio into a grocery/convenience store and office space. Existing use of Pottery Studio received a Use Variance in 1996. Current lot area is nonconforming (0.5 acres) in H (Hamlet) zoning district. Parcel is located at 19-23 Main Street, Accord, NY, S/B/L 77.9-1-37.100. Parcel is in FD (Floodplain Development) Overlay District and contains prime farmland.
SEQRA: TBD

*Mr. Williams returned to the meeting at 9:51pm*

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

Chair Lindstrom refreshed the Board on what the application was about. She asked Mr. Rich to talk about his project.

Mr. Rich explained his application. He stated it was a really standard grocery store and would be open year round. He explained he wanted to revitalize Main St. and this would be a project that would begin that revitalization effort. Mr. Rich said the items he would be selling would consist of a lot of sundries, general store items, perhaps some small appliances, etc.

The Board discussed the parking issues at length.

Chair Lindstrom noted the Board could grant a waiver but they needed to know how much would be needed.

Mr. Zurofsky explained what had been discussed at the November 23rd, 2020 Gateway Meeting.

Mr. Jones stated the Gateway meeting had been set up mostly because of the parking situation. He asked if something had been agreed upon at that meeting.

Mr. Zurofsky said the applicant wanted as much onsite parking as possible, which had been the main discussion at the Gateway meeting. He said the Town wanted to have businesses revived in the Hamlet district however; the Board was not willing to waive any parking plan that would compromise safety.

The Board discussed the various parking lot alternatives that had been discussed at previous meetings as well.

Chair Lindstrom said she was concerned about vehicles pulling in the parking lot without the option of going around the back of the building. She explained that without being able to go around the back, she felt there would be quite a bit of run-ins.

Mr. Zurofsky expressed his concern that if one spot was being used for unloading goods, there would only be 3 spaces available.

Mr. Medenbach argued that smaller parking lots and spots are safer. He stated it was seen in many other townships. He noted that even the postal office located diagonally from the proposed store, had people back up on the street and argued that should be a possibility with this project.

Chair Lindstrom responded that granting a waiver would not allow backing out on the road way.

Mr. Rich explained that the loading dock on the other side of the building would be utilized for deliveries and that setting certain delivery times was possible.

Mr. Zurofsky added that they could restrict the parking lot to only be for compact cars and the applicant would need to add signage to make that known.

Mr. Jones stated he agreed with the idea of having compact cars only and the restriction of delivery times.

Mr. Williams explained he saw all the parking plans that the applicant’s representative had submitted and was partial to the parking plan #3 that had been presented. He stated he liked the idea of cars going around the building. He also noted that just because other parts of Town had inadequate and/or non-conforming parking lots and options, did not mean this project would be the same.

Mr. Medenbach stated parking could not go around the back due to the location of the septic. He stated he was firmly against, as most would be, about driving over the septic.

Mr. Zurofsky said the site was challenging and there needed to be compromises made to make it work. He stated that he liked the idea that Mr. Jones had presented.

Chair Lindstrom added one more parking spot could be taken out so accidents couple hopefully be avoided.

Mr. Zurofsky stated he agreed with the Chair.

Ms. Gabriel expressed there was room for parking next door.

Attorney Christiana argued it was on someone else’s property.

The Board and applicant’s representatives discussed the septic issue and parking options again.

Chair Lindstrom stated they should go forward with the plan as it was at the moment. She added they could discuss and vote on the waiver at the January workshop meeting. She noted that the site plan needed to be updated to include the loading dock and trees and then once all those items were done and submitted, the application could go to other agencies for comments.

The Board discussed if the application was ready for public hearing.

Chair Lindstrom made the motion to set the application for public hearing at the February 8th, 2021 regular meeting. Mr. Pinsky seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.

Attorney Christiana noted that the public hearing could continue for some time due to waiting on Ulster County Planning Board response when the application was sent to them for review.

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. She stated the Board had offered the applicant an alternative plan at the previous month’s meeting that was a bit easier but the applicant had decided to stick with the original plan.

Mr. Medenbach stated for the Board that the septic had been designed and was currently awaiting Department of Health (DOH) approval.

Mr. Williams stated he wanted to see the “proposed” conservation area of the site to be a full conservation.

Attorney Christiana stated they were currently drawing up a conservation easement.

Mr. Jones asked about the status of the SWPP and if the slope issues had been addressed. He stated it needed to go to CPL.

Chair Lindstrom agreed with Mr. Jones and added that there needed to be a more robust analysis that perhaps would involve the DEC (for wetlands), a SPEDES, etc. and those were out of the realm of what the Board could possibly due, especially for aspects of SEQRA.

Ms. Liz Axelson from CPL, explained what a review would consist of. She stated they would do a comprehensive review of code, subdivision regulations, full EAF mapper, and would require review from the SWPP/grading engineer.

Chair Lindstrom asked Ms. Axelson what a realistic amount for escrow would be required for the start of the review.

Ms. Axelson stated $6,000.00 would be a good amount

Supervisor Baden interjected and asked Ms. Axelson if the escrow amount could possibly be less due to the non-profit nature of the applicant’s business.

Ms. Axelson said the amount could be around $4,500.00 but not less than that and would almost certainly be more which was why she had stated $6,000.00 previously.

The Board discussed the escrow amount.

Chair Lindstrom reminded the Board that Wayward Ranch, a previous application, was also a non-profit and their escrow amount went up to over $17,000.00.

Chair Lindstrom made the motion to set the initial escrow amount to $4500.00. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.
Mrs. Cusack stated she didn’t think this proposal was going to be such a big deal. She said that was why she came to the Board, for them to give options on what to do.

Chair Lindstrom responded that they had given her other options but due to the constraints of the land, this was what needed to happen going forward. She added that other applicants would need to go through the same thing if in the same situation.

Mr. Pinsky suggested separating lot 5 and 6.

Mr. Zurofsky stated that would take longer to change at this point and it needed to be sent to CPL so the Board could work off the comments and suggestions from them.

Mr. Williams added that Mr. Pinsky’s suggestion had already been given as an option from the Board and the beginning of the review.

Chair Lindstrom noted that CPL could review the project and say some lots could not be developed and that only a few could be subdivided anyway.

Mr. Medenbach asked that nothing be sent to CPL until he could submit updated material.

There was no further discussion.

PB 2021-01 SBD New Application
Verna Gilles, Brian Rosenworcel & Megan Poe
Major Subdivision
Applicants proposes to convey +/- 0.68 acres from Gilles lot S/B/L 67.2-2-2.200 (+/- 21.4 acres) to Rosenworcel/Poe lot S/B/L 67.2-2-2.100 so that the existing septic and well serving S/B/L 67.2-2-2.100 (+/- 10.7 acres) are duly on the deeded lot. The proposed action is a “re-subdivision of lands” under 125-12 where by the re-subdivision of previously subdivided lands shall be considered a major subdivision. Both Parcels are in the R-5 zoning district and located respectively at 28 Doggums Way and 37 Chipmunk Hollow, Kerhonkson, NY
SEQRA: TBD

Ms. Heather Gabriel was present on behalf of the application.

Chair Lindstrom explained the application. She stated it was a major subdivision because it was being re-subdivided, however, she felt it was much more of a lot line. She asked Attorney Christiana if the applicant could ask for a waiver.

Attorney Christiana answered she would like to say yes but that it was a major subdivision so it needed to go forward as such. She said they could submit a waiver for what they did not want to do in regards to a major subdivision review, but could not submit a waiver to change it to a lot line.

Mr. Zurofsky noted that would be what was in 125-25(A).

Chair Lindstrom agreed and added it would be 125-25(A)-(Z)(7). She said this needed to be submitted by January 25th, 2021 in order to be on the February agenda.

There was no further discussion.

OTHER MATTERS:

No other matters were discussed.

ADJOURNMENT

Chair Lindstrom made the motion to adjourn the meeting at 11:15pm. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.

Respectfully submitted,

Brianna Tetro, Secretary
Accepted and adopted: March 8th, 2021