PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF January 13th, 2020 REGULAR 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 Zorian Pinsky
Patrick Williams, Vice Chair
Rick Jones
Brian Buchbinder
Sam Zurofsky
Ann Marie Maloney
Also present:
Mary Lou Christina, Town Attorney. Brianna Tetro, Secretary.
ANNOUNCEMENTS and COMMUNICATIONS:
Chair Lindstrom announced that Mr. Jones had decided to step down as Vice Chair of the Planning Board. She said Mr. Patrick Williams had been appointed as the Vice Chair. She added that Mr. Jones would still be chairing the meetings for the Wayward Ranch application.
Chair Lindstrom noted the January Workshop meeting was scheduled for January 27th, 2020. She stated she was recused from the application so Mr. Jones would need to discuss with the Board weather or not to keep the meeting as scheduled.
TRAININGS:
Chair Lindstrom told the Board about the Association of Towns Annual Meeting & Training School, February 16 – 19 (17th & 18th bulk of material) at the NYC Marriot Marquis.
ACTIONS ON MINUTES:
Chair Lindstrom made the motion to approve the minutes from the December 9th, 2019 regular meeting. Mr. Jones seconded the motion.
All in Favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.
Mr. Buchbinder made the motion to table the November 25th, 2019 Workshop meeting minutes as not all of the Board had been able to read through them. Mr. Jones seconded the motion.
6 ayes, 0 nays, 1 absent, 0 abstentions.
APPLICATION REVIEW:
PB 2019-01 SUP/SPA Continued Application
Wayward Ranch Animal Sanctuary, LLC (Applicant) & CWC Loosestrife, LLC (Owner)
Site Plan Approval/Special Use Permit
Proposes the establishment of a farm animal sanctuary and construction of a 90’x 60’ dog & cat kennel, on +/- 63.5 acre parcel located at 30 Loosestrife Lane, Kerhonkson, NY, S/B/L 76.1-2-2.111.
SEQRA: TBD
Chair Lindstrom recused herself at 7:07pm. Mr. Jones came in as Acting Chair.
No one was present on behalf of the application.
Chair Jones explained that there were 2 items that the Board needed to go over that evening in regards to Wayward Ranch. He stated the first thing was to declare the Board has Lead Agency for SEQRA and the second thing was to extend the public hearing until the January 27th, 2020 Workshop meeting. Chair Jones explained that the secretary had sent out letters to involved and interested agencies on November 27th, 2019 and the Board had not received any requests to be lead agency from any of them.
Mr. Buchbinder made the motion to declare the Town of Rochester Planning Board as lead agency for SEQRA for the Wayward Ranch application. Ms. Maloney seconded the motion.
ROLL CALL:
Chair Jones- Yes Ms. Maloney- Yes
Mr. Williams- Yes Mr. Buchbinder-Yes
Mr. Zurofsky- Yes
All in Favor. Motion Carried.
5 ayes, 0 nays, 1 absent, 0 abstentions, 1 recused
Chair Jones explained at the January 27th, 2020 workshop meeting the plan was to go through SEQRA that had been prepared for the Board by CPL and for the Board to declare a negative or positive declaration for SEQRA for the project. He stated Attorney Christiana and Liz Axelson from CPL were going to put together a summary with the purpose of substantiating what was in Part II and Part III of SEQRA.
Attorney Christiana reminded the Board that CPL has made recommendations but the Board could change them with what they felt may be more appropriate if needed.
Chair Jones explained that if they made a declaration for SEQRA and then close the public hearing, then they would begin to discuss the findings.
Attorney Christiana stated if the public hearing was being held open until the January 27th workshop meeting and if the Board felt they had all the information they needed and were to then close the public hearing, after that then they would begin to work on the findings and the decision.
Mr. Williams made the motion to keep the public hearing open until the January 27th, 2020 Workshop meeting at 6:30pm. Ms. Maloney seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 1 absent, 0 abstentions, 1 recused.
*Chair Lindstrom returned to the meeting at 7:12pm
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.
SEQRA: Type II by Code
Mr. And Mrs. Bruce and Lynnae Psaras were present on behalf of the application.
Mr. Psaras explained what the application was all about and said they were doing the lot line improvement for the purposes of taxes, estate planning, and checks and balances should someone buy the property after them and want to subdivide it.
The Board looked over the maps and discussed.
The Board had no concerns.
Chair Lindstrom made the motion to certify the lot line improvement. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.
PB 2019- 10 SUP/SPA Public Hearing/Renewal of Conditional Approval
Arrowood Farm LLC (Applicant) Lett Lee (Owner)
Renewal of Special Use Permit 2018-03 for Commercial Events Facility
Located at 236 Lower Whitfield Road Accord, NY, SBL 68.4-4-23.111
SEQRA: Type II by code
*Ms. Maloney recused herself at 7:18pm
Mr. Blake Arrowood and Mr. Jacob Meglio were present on behalf of the application.
Chair Lindstrom explained what the application was about. She stated the Board had reached out to the Town’s Highway Department and Constabulary for any comments as well as the Ulster County Sheriff’s office. There were absolutely no responses from the Constabulary or the Sheriff’s office and the Town’s Highway Superintendent Jeff Frey had stated verbally that he had no comments on the matter. She also noted the application was a Type II action for SEQRA by Code.
Chair Lindstrom noted there had been no complaints present in the CEO’s files and that there were 19 letters of support sent to the Board for the application and only 1 sent that had anything somewhat negative to say. She read a letter for the record from Mr. Neil Cohen that she felt summed up the generalconsensus of the letters written in support of Arrowood:
To Ms. Maren Lindstrom, Planning Board Chairperson; Ms. Brianna Tetro, Planning Board Secretary; The Town of Rochester Planning Board.
Re: Arrowood Farm
Hello Town of Rochester Planning Board,
I’m Neil Cohen and with April Silver we’ve owned our property on Store Road since 1983. Over the years we’ve seen the neighborhood change. Part of that change is one of our newer neighbors, Arrowood Farm, situated around the corner from us on Lower Whitfield Road. Arrowood Farm Brewery is a definite change for the better.
When we first bought our property Accord was much sleepier – but it also was an era along Lower Whitfield Road of biplanes crop dusting the surrounding corn fields (with pesticides that left eyes stinging and a chemical taste in the mouth for hours), and it was an era of poultry buildings stuffed with crushed-in, antibiotic-pumped chickens whose filth and urine put out a cloud of stench that would sometimes last for days. When I was a child and visited Accord in the 1950’s it was bustling with resorts; our older neighbors well remember when there were gas stations and soda fountains on both Store and Mettacahonts Roads; and anyone who hikes into the woods will find overgrown foundations of now-abandoned factories. In the 80’s and 90’s farms all around town were going out of business, their open fields and woods being subdivided and paved by developers .. and the Town of Rochester was directly beneath the flight path to Stewart Airport. The Town of Rochester was never a place of silence – in fact, in the old days, it was much noisier than it is today. I point all this out to counter the argument that Arrowood is an intrusion on some mythical pristine perpetual silence that once ruled the land. The careful operations of Arrowood replenish the soil and do no damage to our air or groundwater; that they might require some days or nights devoted to entertainment to sustain profitability among the ups and downs of any agricultural enterprise, that’s fine with us, their neighbors – we want them to succeed; any festival days they might deem necessary to supplement their core business is not a break from tradition but in keeping with, and an improvement on our town’s economic history.
Arrowood Farm is at the end of a long secluded driveway, its hops field, taproom, brewery, etc. hidden from Lower Whitfield Road. During most of the year, certainly during the week, and even most weekends, a stranger would not know that Arrowood Farm Brewery exists. It is certainly not a nuisance – if walking, biking, jogging or driving on Lower Whitfield Road you can’t even see it. If you choose to turn down the road to Arrowood you are soon greeted with a neighborly welcome in an agricultural environment – but this is not a hobby farm, this is a real farm that adds warmth, needed jobs for young people, and income to our town. If you want to see friends and neighbors, enjoy a beer, soft drink or light meal, or just hang out close to home, having Arrowood in the neighborhood allows us, all of us in the surrounding community, to avoid a long drive on increasingly treacherous Rt. 209. Of course they charge no fee to simply sit in one of their chairs with a book or wander their property enjoying the stunning surroundings. Thank you Arrowood.
Farms (be they orchards, dairy, flower, Christmas tree, mixed use, or in this case a local brewery) are not in existence to provide silent inspiration for people who do not live on a farm, own a farm, or work a farm. A farm is a business – and for us, neighbors to farms and farmers, we want farms to stay in business. We feel lucky to be a neighbor of Arrowood Farm: it’s run by lovely people preserving open space and the rural charm of our community – a place run by a new generation of farmers that welcomes people of all ages; and from time to time we get to hear some free entertainment floating in the air. It’s all upside and therefore we support Arrowood’s petition for whatever festival or concert days they need or wish to offer.
Neil Cohen and April Silver
Store Road
Accord, New York
Chair Lindstrom noted that Arrowood’s concert managment team was present and she thought, if the Board wanted, that they could go through their methodology and process of how they handled security and how they managed events overall.
Mr. Jones stated the only item he was concerned about was the series of emails between Arrowood and the Town’s Code Enforcement officer (CEO) regarding the series of sound studies that needed to be done at each one of the events and that had seemed to slip through the cracks. He said his only concern was how, going forward, they got all their items in to the CEO on time.
Mr. Arrowood said they did slip as it was in the middle of their busy season and they had no sent it in but when they realized they hadn’t submitted the necessary items they still got everything in to the CEO in the 5-day required window and stayed on time since then.
Chair Lindstrom told them that there were many technologies available to them in order for items to be submitted on time such as: Outlook calenders, Phone Alarms, IPhones, etc to remind them.
Mr. Arrowood said that was fair and it was on them that they had slipped up on timing, but going forward everything would be in on time all the time.
Mr. Zurofsky said he shared the same concerns with Mr. Jones and he understood it had been a mistake with the issue of timeliness and his concerns were that there were special event noise issues coming up repeatedly lately in front of the Board and he had some concern as the letter of the Board’s findings were not being strictly adhered to and what was the Board’s responsibly as one of the conditions was being compliant.
Chair Lindstrom reminded the Board that they were not an enforcement agency.
Attorney Christiana said it was correct the Board wasn’t there to enforce conditions but it had come up with multiple Board members as a concern and so it was something to address.
Chair Lindstrom said they did everything right but procedural wise they were a little late getting the information in. She said there was a rampant problem throughout the Town where applications were approved and they applicants were not following all the conditions.
Mr. Williams asked what the consequences were for not following all the conditions and if they should issue another conditional approval for a year before they did a final approval.
Mr. Arrowood stated they had followed all the conditions to the letter except the timing of getting everything in exactly on time. He said they had still submitted everything in the required 5 days.
Chair Lindstrom noted of the 32 conditions placed on them, Arrowood had done 31 of them to the letter, the only blemish was getting he noise items in a little late.
Mr. Buchbinder asked how many times they had their required items in on time compared to when they were not on time.
Mr. Arrowood explained they had been late only twice in 2018 and in 2019 they had not been late at all.
There was some further discussion among the Board of the applicant’s timeliness getting the required information in. However, Chair Lindstrom stated they should allow the public to speak so they did not have to sit there and listen to the Board go back and forth.
Chair Lindstrom opened the public hearing:
Amy McCarthy stated she lived on 65 Bone Hollow Rd. and had been coming to the area for over 25 years. She stated she just wanted to speak out in support of Arrowood’s special events. She said she had attended them over the summer and she felt that it was a beautiful and cultural event and ran very smoothly with very little issues. She said everyone was happy and having a good time and safe and she just basically wanted to offer her support.
Joanne DeCours stated she was concerned about two items:
1) Would Arrowood have events in which there would be patrons walking through the woods, specifically from Colony Farms on Mill Hook Rd because they did that in the Fall and she had a problem with that as it was a security risk to her and also liability of property damage questions.
2) If sound was an issue, which it sometimes was with the way the mountains were,would Arrowood consider on putting a bandshel, or curtains, or other items that could be removed around the stage to help soften the noise?
Supervisor Mike Baden said he wanted to speak to the Board about a couple of complaints that the Supervisor office had received over the events. He said the first complaint after the first event Arrowood held which was on a Sunday, and he wasn’t in Town so he couldn’t say 100% when it had actually ended but if it wasn’t after 11pm then it was close enough to 11pm and he did remember that during their review that there was some sort of commentary that their events needed to be over by 10pm. He stated he would tell the Board that a neighbor who lived in the vicinity, and he didn’t know the exact address, who was a truck driver that got up to leave at 4 or 5 on the Monday morning after that event had considerable issues with the noise. He said he knew the Code allowed the events to go to 11pm and the Town Board would be looking at that and he was wondering if maybe perhaps Sunday-Thursday they could voluntarily have a different ending time and he realized that the Code allowed it to run to 11pm. The second thing he wanted to address and related to Ms. DeCours comments, an event that was not one of the 12 events allowed, which was a running race that was a benefit for an animal rescue and he couldn’t remember the name of the rescue, but it involved running around and coming up Mill Hook Rd through the woods and he believed they used the property of Colony Inn to go through. He said Mill Hook was a lot more residential and within the Special Events Code, they were suppose to clarify the area that would be used and he would ask that maybe a voluntary thing would be that they would not utilize that portion and stay with the access off the main entrance. Supervisor Baden stated another item he wanted to bring up was that he thought there needed to be more of a clarification on what qualified as a special event, as in Arrowood’s situation they were agri-tourism and many agricultural events do not fall under the Town’s special events code but if you were to read the definition, it was not just a matter of whether or not they were charging an admission, they could do a special event that had nothing to do with agriculture and not be charging an admission. He said the Democrats had held an event at Arrowood and he personally felt it should have been listed as a special event but because they were donating the space it did not fall under that. He said he hoped they could clarify on what was or was not a special event. Supervisor Baden stated otherwise, I thought they were doing a fabulous job and he was happy to see all the neighbors but he was just trying to balance the residential area with what they were doing and hoped the Board could hone that a little bit.
Shawn Gotly stated he lived on Bone Hollow Rd and had lived in the area since he was five. He thought the applicants were doing a great job economically and he had not heard any complaints personally and he just wanted to voice his support.
Sandy Petersen stated she just wanted to comment about Arrowood’s last event and she happened to be doing childcare for someone who was attending the event and she was at the end of the road. She said being of the 60s and 70s, she was just so impressed towards the end of the evening when she was reading a book and the baby she was watching was sleeping, she saw lights down at the road and she was so impressed with how many Ubers, friends, and people were coming to pick others up from the concert which was something she had never experienced at her age, and she just thought there had been a creation of personal and community responsibility that Arrowood had talked about and encouraged. She said when she was driving home she saw people walking toward the camp ground and other people walking somewhere else and it just seemed like a reasonable ending to concerts and she felt it spoke very well to their planning and getting the message out about being responsible neighbors.
Chuck Petersen the owner of Catskill Farms stated he had been in attendance for Arrowood’s original application, the very first one, and it had been a new business that the Board encouraged and permitted, put constraints on and protected the neighbors and there they were 3 years later doing a good job and coming back for more and it was a testament to the job the Board had done to encourage to promote small businesses but also put up perimeters to protect the Town. He said he saw that the more professional the Board was the more obstacles they put in the way and that didn’t seem to be the case with the Planning Board as they had found a good balance.
There were no other comments from the public.
Mr. Buchbinder made the motion to close the public hearing. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 1 absent, 1 recused
Attorney Christiana read a section of the code that had to do with renewing a permit when there had been a violation: § 140-53Renewal of permits.
The Planning Board may require, at the time it is initially granted, that any special use approval be renewed periodically. Such renewal shall be granted upon written application by the holder of the permit and following public notice and hearing. Such renewal may only be withheld upon a determination that the conditions attached to any previous approval have not been met. A period of 62 days shall be granted the applicant in such cases to make remedies and bring the use into full compliance with the terms of the special use approval. Should the applicant fail to make such remedies, the special use approval shall be revoked by the Planning Board and the use immediately discontinued.
Attorney Christiana stated in 2018 Arrowood had been told of the violation and it had been remedied.
Mr. Buchbinder asked if there had ever been an official violation filed, because violation was a term of art was it not? He said what Attorney Christiana had read was contingent on an actual violation and that was not what they had as far as he could tell.
Attorney Christiana said the first letter the CEO had written was a violation letter but it was not prosecuted because they complied and it was not on the record.
Mr. Jones said he was upset that the code did not allow the Board to come back after a project was completed and state that something wasn’t really working and enable the Board to then change an item on the decision.
Attorney Christiana said the Board had made a decision and it would leave people up in the air forever if the Board was allowed to change a decision after it had been approved.
Chair Lindstrom reminded the Board that they had accepted the noise study in the decision for Arrowood in 2018. She stated that the noise issue was being brought up but they had accepted, in 2018, the noise level being kept at 90 decibels, 50 foot from the stage and it would not go over the 10 decibels at the periphery.
Mr. Jones stated that there had been two requests for voluntarily adjustments, one to change the hours of the events when held Monday-Thursday and the other one Mr. Jones asked for clarification on but it had to do with not using Mill Hook.
Supervisor Baden stated it wasn’t to not use Mill Hook Rd it was to not use the pathway connecting Arrowood to Colony House which was on Mill Hook Rd as he didn’t know if that pathway had ever been defined on the original application as being used.
Mr. Jones asked who owned the property that the pathway was on.
Mr. Arrowood stated they had the right-of-way and that they had provided maps to the Town when they did the 5k fundraiser in which it had shown the route of the race.
Chair Lindstrom clarified that Arrowood’s property hits Mill Hook Rd.
Mr. Zurofsky stated the race was not a special event.
Mr. Arrowood commented that it was not a special event it was a 5k fundraiser.
Chair Lindstrom stated it was not up to the Supervisor or the Board to decided what was a special event and what was not.
Mr. Jones asked the applicants how they felt about the voluntary suggestions.
Mr. Buchbinder stated he had a question about procedure. He stated he was uncomfortable with holding a proceeding, which was about approving a permit, and then before the Board approves the permit the Board asking someone if they were going to comply with a voluntary suggestion. He stated that didn’t sound voluntary in any sense of the word.
Chair Lindstrom and Attorney Christiana agreed with Mr. Buchbinder’s statement.
The Board discussed the application further.
Chair Lindstrom made the motion to grant permanent special events approval in accordance with all the conditions in the Board had put in place. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 1 absent, 0 abstentions, 1 recused.
Chair Lindstrom provided a decision:
Decision: PB 2019 – 10 SUP Renewal of Approval
Renewal of Commercial Events Facility Use
Applicant: Blake Arrowood & Jake Meglio dba Arrowood Farms (Applicant) Lett Lee (Owner)
Reason for Request: The application proposes the renewal of PB 2018 – 03 SUP/SPA approval for a commercial special events facility, as per Town Zoning Code § 140-53. The approval permits the expansion of existing farm operation, brewery and tasting room (Agritourism Business) by the addition of commercial events facility, as defined in the T/ Rochester zoning code §140-35, with commensurate expansion of parking, and related supporting amenities.
Location: 236 Lower Whitfield Road
S/B/L: SBL 68.4-4-23.110
Total Acreage: ± 48.5 acre parcel
Zoning District: AR-3 zoning, AP Overlay
Code Enforcement Determination: Special Use and Site Plan Approval
Zoning Permit: 031 of 2018, dated February 20, 2018
Planning Board Application: 2019-10 SUP Renewal Request Letter received 11/6/2019
SEQR Type: Type II – by code, renewal of existing approval
Documents considered by the Planning Board for review:
1. Letter from applicant requesting renewal of commercial events facility permit, received November 6th, 2019
2. Letter to Code Enforcement Officer from Chair requesting files and documentation concerning Arrowood Farms commercial events sent November 25th, 2019
3. Letter from Code Enforcement Officer with attached documentation of all CEO correspondences and documents regarding the operation of the Arrowood Farms. LLC Events Facility SUP received December 9th, 2019.
4. Letters to TOR Highway Department, TOR Constable and Ulster County Sherrif Department from Chair requesting any comments or documentation concerning Arrowood Farms commercial events sent December 12th, 2019
5. Verbal response received from TOR Highway Department stating no issues with the SUP.
6. Original Site Plan Approval 2016-01 dated 4/11/2016 and Special Use Permit 2018 – 03 dated July 9, 2019
7. Copy of Commercial Special Event Manager’s log documenting: named event, event date, event start/end times, cars parked & tickets sold, event security, parking & EMT staffing, waste management and sound (decibel readings) received December 9, 2019, amended 1/10/2020
8. Letter of verification of sound monitoring from Sound Engineer, received 1/13/2020
9. Drone pictures of concerts, received 1/10/2020
10. Public commentary correspondence from: Joann Descoud 1/9/2020, Leven Holm Studios 1/10/2020, Michael Lang 1/11/2020, Neil Cohen 12//9/2019, Shy & Yeal Gewant 12/9/2019, Ground Control Touring 12/5/2019, Howard Bud, 11/27/2019. Amy Helm 8/23/2018, Ken Ashley 12/6/2019,Radio Woodstock 12/9/2019, Catlin Barrett 11/26/2091, Vanessa Bud 11/27/2019, Lawrence Buss 2/6/2019, Chaia Lehrer 12/9/2019, PHIL Rose 12/5/2019 and Rondout Valley Growers Assoc. 12/12/2019.
Written and verbal public commentary was supportive of renewal of the Arrowood Farms commercial special events permit save for the letter from Ms Descoud who expressed concern about right-of-way through a wooded path and suggested the use of sound dampening fabric for concerts which is an existing condition of approval.
Notice of Public Hearing:
1. Published in the 12/19/2019 edition of the Shawangunk Journal.
2. Notice by mail to known landowners within 500’ of the parcel.
3. Posted on the T/ Rochester Clerk bulletin board and town website.
Date of Public Hearing: January 13, 2019
Place: T/ Rochester Community Center, Accord, NY
Public Comment: (see Minutes of Town of Rochester Planning Board January 13, 2020)
* * * * *
Review and Findings of the Board
The Planning Board Chair received on November 6th, 2019 a request to renew the Arrowood Farms special use permit set to expire in December of 2019 as is required by TOR Zoning Law §140-53. Request was received in a timely manner.
Over a series of public regularly scheduled Planning Board meetings, the Planning Board reviewed each individual conditions of the original SUP/SPA 2018-03. The Planning Board further reviewed the documentation associated with the Events that took place at the approved Commercial Events Facility under the initial 2018 SUP/SPA approval and during the renewable approval period as submitted by the Code Enforcement Officer and as provided by the owner/applicant. The Planning Board took into consideration verbal and written public commentary, pursuant to Town of Rochester code §140-53, Renewal of Permits.
In analysis of the conditions, documents and commentary, the Planning Board concurs that that the conditions of the commercial events facility permit have been met.
Adopted January 13th, 2020
Ayes: 5 Nays: 0 Absent: 1
Motion to adopt findings by: Chair Lindstrom
Second by : Mr. Jones
* * * * *
Resolved,
Pursuant to the standards of Town of Rochester code §140-53, Zoning, the Town of Rochester Planning Board has reviewed the application presented and grants renewal of Special Use Approval to Blake Arrowood & Jacob Meglio (Applicant) Let W. Lee (Owner) dba Arrowwood Farms, LLC , permitting the use of the land situate at 236 Lower Whitfield Road, known as S/B/L 68.4-4-23.110, and located in the ‘AR-3’, and ‘AP Overlay’ zoning districts for the use ‘Commercial Event Facility’.
Conditions of the Approval:
1. Any and all fees due to the Town of Rochester involving this application shall be paid in full prior to the Chairman’s signature on the Site Plan.
2. All conditions of the original (PB 2018-03) Special Use Approval dated July 9, 2018 shall remain in force with the renewed approval.
3. The use is approved for an indefinite period with no further approvals required.
The Town of Rochester Planning Board further grants the authority to the Chairman to certify Conditions of Approval 1 has been completed without further resolution.
Effect of Approval:
1. This Special Use approval and associated conditions shall be binding upon the applicant and all successive owners of the land so long as such use shall occur.
2. This renewal shall be for an indefinite period of time.
Letter of renewal was prepared by the Chairman and was discussed and amended by the Planning Board in public meeting.
Adopted January 13th, 2020
Ayes: 5 Nays: 0 Absent: 1
Motion by : Chair Lindstrom
Second by : Mr. Jones
Mr. Arrowood stated they would make the pathway between their propety and Colony House on Mill Hook Rd more definitive with ropes, etc, so it patrons would not go off the path and onto other properties.
*Ms. Maloney returned to the meeting at 7:56pm.*
PB 2019-1 SA Sign Approval Continued Application
Accordion Ventures, LLC (Owner) I’ll Meet You There, Inc. (Applicant)
Sign Approval
Discretionary Sign Referral from the TOR Code Enforcement Officer. Applicant proposes to replace an existing sign with a new on & off premises mixed establishment sign for the new establishment and a neighboring business. The parcel is S/B/L 76.2-2-20.200 located at 5164 Route 209, Accord, NY. Parcel is located in the B zoning district.
SEQRA: Type II by code
There was no one present on behalf of the application.
Chair Lindstrom reminded the Board of what the application was all about.
Chair Lindstrom stated the application was a Type II by Code for SEQRA. She also noted that the NYS Department of Transportation (DOT), Ulster County Planning Board (UCPB), and the T/Rochester Highway Department had all been sent the application for comments should they have had any. The NYS DOT responded that they needed to get a sign permit through the DOT Sign Permitting department, UCPB did not have a response, and the Town’s Highway Superintendent had stated verbally that he had no issues with the sign.
There was discussion among the Board about various sign scenarios and regulations.
Mr. Williams asked if the applicant had worked out the issue of having multiple use of the sign.
Chair Lindstrom stated they had.
There was no further discussion.
Chair Lindstrom provided a decision:
Decision 2019-01 SA
Sign Approval Conditional Approval
Applicant:
Accordion Ventures. LLC (owner) “I’ll Meet You There”, Inc. (Applicant)
Reason for Request: Discretionary Sign Referral from the TOR Code Enforcement Officer. Applicant proposes to replace an existing sign with a new on & off premises mixed establishment sign for the new establishment (“Neighborhood 209”) and a neighboring business. The parcel is S/B/L 76.2-2-20.200 located at 5164 Route 209, Accord, NY. Parcel is located in the B zoning district.
Location: 5164 Route 209, Accord, NY
S/B/L: S/B/L 76.2-2-20.200
Total Acreage: ± 6.6 acre parcel Zoning District: B zoning district.
Code Enforcement Determination: Sign Referral to Planning Board
Zoning Permit: 579 of 2019, dated 12/6/2019
Planning Board Application: 2019-01 SA
PB Application filed: N/A SEQR Type: Type II by code
Other Referrals: Ulster County Planning Board, Town of Rochester Highway Department, NYS Department of Transportation
Documents considered by the Planning Board for review for amended application:
1. Zoning Permit 579 of 2019 determination of Sign Referral
2. Sketch Plan of sign received 12/6/2019
3. Site Plan enlargement detailing proposed sign placement received 12/6/2019
4. DOT referral response letter, received 1/3/2020
* * * *
Findings of the Planning Board with review of the updated application:
1. The Planning Board received a zoning referral for a sign approval from the Code Enforcement Officer for the replacement of an existing sign.
2. The applicant proposes a new on & off premises mixed establishment and directional sign for the new establishment and a neighboring business which entails the replacement of the existing “Skate Time” business sign with a sign for the new business “Neighborhood 209”. The sign is further to include an off premises directional sign for the Rondout Valley Campground.
3. At the December 9th regular Planning Board meeting the applicant proposed an approximately 13’ post sign comprised of two individual signs: one 32 sq. ft. interior illuminated sign for “Neighborhood 209” on the upper portion, and one 16 sq. ft. non-illuminated directional sign for Rondout Valley Campground on the lower portion.
4. Under its discretionary review of the proposed sign, the Board and determined that some changes would be necessary to the proposed signage for it to be compliant with §140-20 (F) Signs:
a. §140-21 Signs (C) (3): “Signs should be as close to the ground as possible.” It was suggested that the applicant reduce the height of the proposed sign as much as is feasible under the 13’ proposed height. This shall be a condition of approval.
b. §140-21 Signs (C) (8): “Large freestanding signs should be landscaped around the sign base.” A landscaping plan was requested by the Board to the applicant.
c. §140-21 Signs (D) general regulations (3): “No sign shall exceed a height equal to one-half its distance from a road right-of-way, regardless of other height limitations.” The current proposed sign location is too close to the road right-of-way(s). If the proposed 13 ft. height is maintained the sign shall have to be located 26 f.t from Mettacahonts Road and 26 ft. from Route 209. Height reduction of the sign shall reduce the set-back requirement proportionally. This shall be a condition of approval
d. §140-21 Signs (D) general regulations (8): “Signs shall be internally lighted or illuminated only by a steady, stationary (except for time and temperature reading) and shielded light source directed solely at the sign, with minimal spillover of light past the sign and without causing glare for motorists, pedestrians or neighboring premises. This shall be a condition of approval.
e. The Board requested that the illuminated sign be turned-off at the close of business hours. This shall be a condition of approval.
f. The proposed sign meets all other criteria of §140-21 Signs (C) & (D) Sign Review Criteria & Sign General Regulations and of §140-21 Signs, Schedule of Regulations: (total sign square footage is under 100 sq. ft., sign is under 15 feet in height; individual signs’ square footage is 32 sq. ft. or less).
5. The parcel on which the proposed sign is to be located is known as S/B/L 76.2-2-20.200
6. The parcel has road frontage onto Route 209, a NYS DOT maintained highway. The NYS DOT was contacted and responded by letter that (a) the sign must be registered with the NYS DOT as an off-premises sign and that (b) the sign is not in the NYS DOT right-of-way and does not present a sight distance hazard. Sign registration with the NYS DOT shall be a condition of approval.
7. The parcel has road frontage onto Mettacahonts Road, a Town of Rochester maintained highway. The Highway Superintendent was contacted and stated that the TOR Highway department had no issues or further comment regarding the proposed sign.
8. The Board determined the sign approval to be a SEQRA Type II action and no further action was needed.
9. The application was required to be referred to the Ulster County Planning Board and received no comment within the required 30 day comment period.
Whereas,
Draft findings were prepared by the Chairman and were read, discussed and amended in public meeting by the Planning Board.
Therefore,
The Planning Board adopts these statements as written findings of the referred Sign Approval
Adopted January 13th, 2020
Ayes: 6 Nays: 0 Absent: 1
Motion to adopt findings by: Mr. Zurofsky
Second by: Mr. Williams
* * * *
RESOLVED,
Pursuant to the standards of Town of Rochester code §140 Zoning, the Town of Rochester Planning Board has reviewed the application presented and grants Sign Approval Conditional Approval to Accordion Ventures, LLC, permitting the new sign for the lands situate at 5164 Route 209. Accord, NY known as S/B/L 76.2-2-20.200, and located in the ‘B’ zoning district subject to the conditions expressed below:
Conditions of the Approval:
1. Any and all fees due to the Town of Rochester involving this application shall be paid in full prior to the Chairman’s signature of the conditional sign approval.
2. All Local, County, State, and Federal Laws or Codes shall be complied with for the current or future use of these lands.
3. Should any permit approvals necessitate a change to the approved Sign, the matter shall be referred to the Code Enforcement Officer for consideration.
4. Signage shall comply with §140-20 (F) Signs. Should changes be sought at a future time, the code standards at the time of application shall be applicable. Specific required modifications to the proposed sign for approval shall be as follows:
a. The height of the proposed sign shall be reduced as much as is feasible under the 13’ proposed height.
b. “No sign shall exceed a height equal to one-half its distance from a road right-of-way, regardless of other height limitations.” The current proposed sign location is too close to the road right-of-way. If the proposed 13 ft height is maintained the sign shall have to be located 26 ft from Mettacahonts Road and 26 ft from Route 209, Height reduction of the sign shall reduce the set-back requirement proportionally. Set back to height ratios shall be verified by the CEO as a condition of sign approval.
c. Landscaping shall be require as large freestanding signs should be landscaped around the sign base.
d. The illuminated sign shall be turned-off at the close of business hours.
e. The sign shall be registered with the NYSDOT as an off-premises sign.
f. The internally lighted sign shall be illuminated only by a steady, stationary light source, with minimal spill over of light past the sign.
EFFECT of APPROVAL:
3. This Sign Approval and associated conditions shall be binding upon the applicant and all successive owners of the land so long as such use(s) shall occur.
4. This approval shall remain effective as an authorization to secure the required permits and establish the use(s) for a maximum of one year from this date of approval unless the applicant shall have submitted written request and the Planning Board shall have adopted such resolution granting an extension and provided the applicant has submitted proof of having diligently pursued the implementation of the plans.
Draft resolution was prepared by the Chairman and was read, discussed and amended by the Planning Board in public meeting.
Adopted January 13th, 2020, by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion made by: Mr. Buchbinder
Seconded by: Ms. Maloney
PB 2019-09 SPA New Application
Allison Hoots (Applicant)
Site Plan Approval/Home Occupation Class II
Applicant proposes the addition of a Class II Home Occupation for a sole practitioner legal office. Proposed business shall use 200 sq. ft. of a 320 square foot art studio in an existing accessory structure of 4,200 sq. ft. Parcel is +/- 15 acres (S/B/L 77.3-1-8) located at 122 Catalpa Lane, Accord, NY. The parcel presently has an existing single family residence of 2,100 sq. ft with attached 2 car garage and an the accessory building of 4,200 square feet and has road frontage onto Catalpa Lane. The parcel further contains flat and gently sloping woodlands and lawn/landscaped area. Parcel is R-2 zoned (low density residential), contains ACOE wetlands, hydric soils, prime farmland and is partially in the FD Overlay District.
SEQRA: TBD
Ms. Allison Hoots was present on behalf of the application.
Ms. Hoots explained what the application was all about. Ms. Hoots stated that eventually she would come back in front of the Board again as her husband was going to use the portion of the building for his own Home Occupation use.
Chair Lindstrom stated if they were planning on coming back, they would need to come with both application as the Board could not do SEQRA unless both uses were on it.
Ms. Hoots stated she would come back when they had a completed application.
There was no further discussion.
2019-11 SUP New Application
Farmers in Accord, LLC (Applicant & Owner)
Two Family Dwelling Conversion
Applicant proposes the conversion of a single family residence into a two family residence by the use of an existing apartment space for a second dwelling. Property is +/- 42 acres (S/B/L 77.1-2-33.610) and is located at 2880 Lucas Turnpike, Accord, NY in the AR-3 zoning district and is in the Ulster County AG-3 district. Existing facilities include a single family residence, farm, greenhouses and vacant land. Parcel contains freshwater & ACOE wetlands, hydric soils, prime farmland and farmland of statewide importance, and is partially in the FD Overlay District.
SEQRA: TBD
Mr. George Kaplan was present on behalf of the application.
Mr. Zurofsky stated for the record that he and Mr. Kaplan were acquainted but he felt confident that he could review the application without the need to recuse himself.
Mr. Kaplan explained what the application was about.
Chair Lindstrom noted that on the sketch plan Mr. Kaplan had provided to the Board it did not indicate a kitchen, and that needed to be fixed. She asked if there was a separate parking area.
Mr. Kaplan said there was a separate parking spot.
Chair Lindstrom asked that he take pictures of the building for a better understanding of the project and to also provide a survey of the property noting where the building was on the lot. She stated it didn’t have to be anything formal but it needed to be accurate and show where the parking was, the garage, etc and how it sits on the land.
Chair Lindstrom noted the application was a Type II by code for SEQRA.
Mr. Kaplan stated he would get the items the Board had asked for and would come back the following month.
There was no further discussion.
2019-15 SBD New Application
Catskill Farms Inc (Appicant & Owner)
Minor Subdivision
Applicant proposes the subdivision of a +/- 9.6 acre parcel (S/B/L 68.1-3-32.111) into two parcels, one of 7.64 acres and one of 2 acres. Parcel(s) are located at 10 Old Farmhouse Rd, Kerhonkson, NY. The parcel presently has a single family residence under construction. The parcel further contains undeveloped gently sloping woodlands. Parcel is R-2 zoned (low density residential). Parcel contains Ulster County Habitat Core lands.
SEQRA TBD
Mr. Chuck Petersen was present on behalf of the application.
There was a large discussion among the Board about whether or not the application was part of a previous subdivision.
Chair Lindstrom stated they would need a well test or have an engineer certified letter where it stated it could support new wells.
Mr. Petersen stated there had been a well drilled already so they could use that to test.
Chair Lindstrom also noted that the applicant needed to provide a full map showing the proposed subdivision in order to move the application forward.
There was no further discussion.
OTHER MATTERS
Chair Lindstrom provided the Board members with the new fee schedule for 2020:
#48 of 2020 2020 PLANNING BOARD FEES
Recommended resolution, that the Town Board establishes the 2020 Fee Schedule, effective Jan. 1, 2020, as presented.
Planning Board fees:
Pre-App Conference (at a meeting) Free
Pre-App Conference (independent meeting) varies upon determination of town costs
Home Occupation $ 200.00
Sign Permit $ 150.00
Special Use Permit – Existing Structure $ 350.00
Special Use Permit – New Construction 4000 sq ft or less $ 500.00
Special Use Permit – New Construction greater than 4000 sq ft $ 650.00
Site Plan Approval – Existing Structure $ 200.00
Site Plan Approval – New Construction 4000 sq ft or less $ 300.00
Site Plan Approval – New Construction greater than 4000 sq ft $ 400.00
Minor Subdivision $ 250.00 + $ 100.00 for each new lot
Major Subdivision $ 500.00 + $ 100.00 for each new lot
Recreation Fees $ 500.00 per lot over 5 lots*
*at option of Planning Board NYS Town Law§ 277 (4)
Natural Subdivision $ 100.00
Lot line adjustment $ 100.00
Chair Lindstrom announced that the Town Board was going to establish a Comprehensive Plan and Land Use Code Review Committee and the Board needed to vote on a representative from the Planning Board for the committee. Chair Lindstrom stated she would volunteer herself.
Mr. Jones made the motion to appoint Chair Lindstrom to be the Planning Board’s representative for the Comprehensive Plan and Land Use Code Review Committee. Mr. Buchinder seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.
ADJOURNMENT:
Mr. Williams made the motion to adjourn the meeting at 9:06pm. Mr. Buchbinder seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.
Respectfully Submitted,
Brianna Tetro, Secretary
Accepted and adopted: February 10th, 2020