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

MINUTES OF January 25th, 2021 WORKSHOP MEETING OF the Town of Rochester PLANNING BOARD, held at 6:30pm 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 Chairperson Ann Marie Maloney
Patrick Williams
Rick Jones
Zorian Pinsky

Also present:
Brianna Tetro, Secretary. Mary Lou Christiana, Attorney for the Town.

APPLICATION REVIEW:
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

Ms. Heather Gabriel was present on behalf of the application.
Chair Lindstrom stated the purpose of the application being on the agenda that evening was to approve the waiver submitted for parking.
Mr. Jones made the motion to waive all requested parking conditions. Mr. Williams 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.

Mr, Zurofsky noted that the most recent narrative that had been submitted to the Board did not match the parking waiver and would need to be updated.

Chair Lindstrom asked Attorney Christiana if this could potentially be a Type II for SEQRA.

Attorney Christiana stated she would have to do some more research.

There was no further discussion.

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

Nadine Carney was present on behalf of the application.
Chair Lindstrom stated the application was placed on the agenda for the purpose of providing a decision.
Chair Lindstrom read the decision:
Decision: PB 2020-09 SBD
Minor Subdivision Conditional Final Approval

Applicant: Craig and Allison Williams (Owner & Applicant)

Reason for Request: 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.

Location: 533 Old Kings Highway, Accord, NY
Total Acreage: ±22 acres
S/B/L: 77.1-2-24.100 Zoning District: AR-3 (Residential Agriculture)
Lot one has an existing single family dwelling, garage, well and septic. Lot two will require new well and septic and is proposed to be accessed by a flag lot shared driveway with lot one. The shared drive will require an area variance for the access setback from the garage on lot one. 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

Code Enforcement Determination: Minor Subdivision
Zoning Permit: 454 of 2020

Planning Board Application: 2020-09 SBD
PB Application filed: 10/15/2020 EAF filed: 10/15/2020

SEQR Type: Unlisted, Coordinated – 11/9/2020
SEQR Determination: Negative Declaration – 12/14/2020
Other Agency Referrals: TOR ZBA

Documents considered by the Planning Board for review

1. Letter of Determination from Code Enforcement Officer dated 10/13/2020, received 10/15/2020 stating required variances and determination of minor subdivision.
2. Zoning Permit 454 of 2020 received 10/15/2020.
3. Narrative/cover letter from Peak Engineering, received 10/15/2020
4. Planning Board Subdivision application 2020-09 SBD, dated & received 10/15/2020
5. Letter of Representative powers from Craig & Allison Williams to Nadine Carney of Peak Engineering received 10/15/2020
6. OPRHR CRIS Environmental Map, received 10/15/2020
7. NYS DEC Environmental Resource Map, received 10/15/2020
8. Copies of Sewage Disposal Plan and data presented to and approved by UCDOH, received 10/15/2020
9. Ulster County Parcel Viewer Map of contiguous Ag Districts, received 10/15/2020
10. Agricultural Data Statement, received 10/15/2020
11. Short Form EAF Part 1 received 10/15/2020
12. UCPV Aerial view of parcel, received 11/4/2020
13. Letter from OPRHP, received 11/20/2020
14. Letter from NYS DEC received 12/16/2020
15. Preliminary Site Plan dated September 23rd, 2020 received 10/15/2020. Revised 11/16/2020. Revised 1/25/2020
16. Letter from TOR Historic Preservation Committee, received 1/15/2021
17. Building Permit for conversion of garage to residence, received 1/05/2021
18. TOR ZRC area variance 1/21/2021

Notice of Public Hearing:

1. Published in the December th, 2020 edition of the Shawangunk Journal.
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 and their engineer met with the Planning Board Chair in a pre-application meeting to qualify the subdivision. A use variance was necessary due to the pre-existence/construction of an accessory structure in the absence of a primary structure and an area variance was necessary due to an existing garage not having the required 40’ setback from the lot line. The applicant and Ms. Carney requested processing the application through the PB and the variances through the ZRC simultaneously. Alternative driveway access was discussed and it was determined that this would cause greater land disturbance and be a poor alternative to seeking an area variance for the shared driveway. The applicant subsequently filed a building permit to convert the accessory structure (garage), on which building had begun, into a single family dwelling, thus nullifying the need for a use variance. The Planning Board determined that a Certificate of Occupancy shall be issued for the new residential structure before the subdivision shall be approved to assure that a primary residence has been fully constructed.
3. The parcel is in the AR-3 zoning district. 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.The existing plat is filed with the Ulster County Clerk.
4. The current use of the parcel is residential and woodlands with one single family dwelling, garage, well and septic. Proposed lot one has an existing single family dwelling, garage, well and septic. Lot two will require new well and septic and is proposed to be accessed by a flag lot shared driveway with lot one. 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
5. The Planning Board discussed the application, the variances needed and the access issues at a public meeting and requested that the proposed/existing locations of the new structure, well and septic and topography and environmental habitat layers be added to the plat.
6. The The Planning Board sent letters seeking comment from the NYS DEC and OPRHP. Both agencies responded with ‘no impact’ responses. The NYS DEC highlighted that the proposed lot 2 is near the designated freshwater wetland M-24 and that any disturbance within the boundaries of this wetland would require a freshwater wetlands permit and that the lots are within an area considered sensitive with regard to archaeological resources.
7. The Planning Board sent letters seeking comment from the TOR Highway Department, Accord Fire District, the TOR Environmental Conservation Commission and the TOR Historic Preservation Commission. The Board received no impact statements from the ECC and the HPC. The PB received no response from the TOR Highway Department. See comment from the Fire District in bullet #11.
8. The Board encouraged the applicant to preserve the existing natural resources and woodlands as per subdivision code guidelines stated in TOR zoning code §125-21 and §125-22. Limited quality woodlands/forest are found at the rear of the property and a DEC listed wetland is found on an adjoining property. Neither are proposed to be disturbed or altered by the proposed subdivision
9. The application was determined to meet the requirements of an Unlisted Coordinated SEQRA action.
• A Negative Declaration was determined upon review.
10. A Public Hearing was held.
11. The Board reviewed if the proposed lot has safe and legal access.
• The Board concluded that the proposed lots will have adequate >/= 50 foot frontage on the Town Highway Queens Highway via the shared driveway, as amended on the site plan. A shared driveway agreement and deeded right of way to lot 2 shall be a condition of approval.
• The Board concluded that as a flag lot, the entirety of the right-of-way must be 50 feet wide. This is not shown on the preliminary site plan and shall be a condition of approval for the final plan. A plat note stating the maximum number of lots that can be created with a flag lot (three) shall be a condition of approval. The Board noted that extension of the flag lot right-of-way to 50 feet for the entirety of the right-of-way–as required by code–puts the existing garage within approximately 5 ½ feet of the periphery of the right-of-way. Upon consultation with the Town Attorney, this was determined to be legally acceptable and resolvable with an easement and shared driveway agreement between the parcel owners.
• The Board noted that the area variance was granted for the existing garage by the TOR ZBA at the ZBA January 21st, 2021 meeting, thus the granting of the variance does not need to be a condition of approval.
• The Board contacted the TOR Fire Department (Accord Fire District) and the TOR Highway Department. The Fire Department responded that a pull off area is needed at 500 feet. It was determined that the existing garage parking area could serve as the first pull off and an additional pull off was added at the next 500 feet.
12. The Board requested a road maintenance/shared driveway agreement for the proposed subdivision. The road maintenance/shared driveway agreement will be referred to the TOR Attorney for review and shall be a condition of approval
13. The parcel is in the AR-3 zoning district. Upon review, the Board concludes that the 2 proposed parcels meet or exceed the bulk standards requirements for the AR-3 zoning district.
• The Board reviewed if the proposed lots could support water and septic. Lot 1 has existing water and septic. Percolation Tests for septic were performed by Peak Engineering. The Planning Board received NYS DOH approved septic plans showing that the new lot 2 can support water and septic.

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 25th, 2021 by the following vote:
Ayes: 5 Nays: 0 Absent: 2

Motion to adopt findings by : Mr. Williams
Second by : Mr. Jones
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision- Conditional Final Approval to permitting the subdivision of lands situated at: 533 Old Kings Highway, Accord, NY

The subdivision plan dated September 23th, 2020 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:
a. “The Planning Board approves the use of a shared driveway as shown on this plat (plan) to service no more than two single family dwellings via access from a shared driveway through the establishment of a right-of-way. No more than one flag lot shall be created from the existing parcel. Should any application be made for additional dwelling units in excess of the 2 single family dwellings the shared driveway approval shall be revoked. The shared driveway shall be utilized by no more than a total of three single family dwellings or lots including the lot it has access over.”.
b. “Shared Driveway: the proposed ingress-egress easements shown shall be used in common by the owner(s) of lots 1 and 2. All such easements shall be in effect and binding on owners of said lots, their heirs, successors, and assignees and all future owners of said lots their heirs, successors and assignees upon filing of this subdivision plat in the office of the Ulster County Clerk”.
c. “Fire Code As per NY State Fire Code: a driveway over five hundred (feet) must be accessible and be able to hold a 75,000 (seventy five thousand) pound, 30 (thirty) foot long vehicle as determined by a licenced engineer with facilities for turning around to be available within 100 (one hundred) feet of any structure. A driveway over 500 feet must have a minimum total width of 20 (twenty) feet and minimum vertical clearance of 15 (fifteen) feet. The driveway must be free of all obstruction such as trees, brush, posts, gates, etc.”
d. “the subdivision shall adhere to TOR subdivision law §125-21 and -22 General Site Requirements and Subdivision Design, specifically §125-22 (8)”.
3. The subdivision shall not be valid until a certificate of occupancy is issued for the garage conversion to a residence, building permit 397 of 2020.
4. All flag lot rights-of-way must be 50 feet in width. The final plat shall show a 50 foot right of way. No more than one such flag lot shall be created from the existing parcel, for a cumulative total of three lots including the original. This shall be incorporated in the deed covenants.
5. The shared driveway shall:
a. be constructed and indicated on the final plat as per town code: Minimum ROW of 50 feet; minimum pavement (may consist of any all-weather surface and shall have drainage plans satisfactory to the Town Highway Superintendent) width of 16 feet; minimum shoulder width 2 feet on each side.
b. be constructed and maintained in compliance with NYS Fire Code and be of sufficient width, grade and location to accommodate access by emergency vehicles and services to the lands which are the subject of the subdivision application
c. construct and indicate on the Final Plat 20’ x 50’ turnouts every 500’ as per NYS Fire Code (driveways in excess of 500 feet in length and less than 20 feet in width shall be provided with turnouts that are a minimum of 20 feet in width and 50 feet in length).
d. comply with all provisions of 277 of NYS Town Law and shall be maintained in a good and passable condition under all weather conditions to provide access to all emergency vehicles.
6. Evidence of satisfactory shared agreements for ownership and maintenance of the shared driveway shall be provided in the form of deed covenants, plat details and a road maintenance agreement prior to approval of the final plat.
a. Road Maintenance Agreement shall be presented and approved by the Attorney for the Town. Any costs or fees associated with such review shall be the responsibility of the applicant The Road Maintenance Agreement shall be filed in the Ulster County Clerk’s office simultaneously with the subdivision plat.
b. As prescribed under subsection § 140-10(D) (3), the Town Board must receive and approve a written release received by the Planning Board exempting the Town from all responsibility for the maintenance & construction obligations of the shared driveway.
7. Any and all development shall comply with TOR §125-21 and §125-22
8. All required Local, County, State or Federal permits shall be secured for the current and future use of these lands.
This Conditional Final Approval shall expire 180 days from this approval date unless the Final Plat is presented and signed by the Chairman. This period may be extended for two additional 90 day periods upon application to and resolution by the T/ Rochester Planning Board.

The Town of Rochester Planning Board further grants Minor Subdivision- Conditional Final Approval permitting the subdivision of lands upon satisfactory completion of the conditions of approval 1,2, 4, 5 & 6 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 25th, 2021 by the following vote (As amended)
Ayes: 5 Nays: 0 Absent: 2

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

JOINT MEETING WITH TOWN OF ROCHESTER ZONING BOARD of APPEALS (ZBA):

Chair Lindstrom announced that the rest of the meeting would continue on as a joint meeting with the Zoning Board of Appeals.

The Secretary did roll call attendance for the ZBA:
Mr. Fischer- Present
Mr. Barringer- Present
Chair Psaras- Present

The ZBA members did a quick introduction for the Planning Board.
Chair Psaras provided the Board with a 2020 Year in Review for the ZBA. He stated there were currently 3 vacancies on the ZBA but that gaining members for those seats was currently in progress. He noted the following changes had been made in 2020 for the ZBA: 1) A new motion template, 2) ZBA Process Guide for applicants, 3) Year in review report and 4) Sparknotes for new Board members, which was in progress.
The ZBA and the Planning Board had a discussion.
Chair Lindstrom presented on behalf of the Planning Board. She provided the 2020 year in review, where it was noted that 45 applications had come through the year. She said that was something considering it was during a pandemic.
The Planning Board did brief introductions.
The Planning and Zoning Board had discussion about processes and ideas.
Secretary Brianna Tetro did a short presentation on the processes of her office and her daily day to day activities.
Mr. Zurofsky presented an idea where the implementation of new file naming procedures as well as application tracking. He stated it would make the Board easier to find uploaded items as well as take some of the load off of the secretary.
The Planning Board and ZBA both discussed various changes to their procedures they wanted to do.
Chair Lindstrom added that she wanted to have some of the more complicated applications, going forward, to have a consultation fee and make it a policy. She suggested drafting up a letter to send to the Town Board for permission to use the consultant earlier in the application if it feels necessary.
Mr. Jones was a fan of the idea and stated the applications coming in lately were more involved and many items were out of the Board’s purview.
Attorney Christiana reiterated that there were 45 applications during 2020 and that they were involved and it was not uncommon in other towns to use the consultant, adding many were in attendance for the meetings.
The Board discussed the matter further. No decisions were made.
There was no further discussion.

ADJOURNMENT:
Mr. Williams made the motion adjourn the meeting 8:29pm. Mr. Jones seconded the motion.
All in Favor. Motion carried.
5 ayes, 0 nays, 0 abstentions, 2 absent.

Respectfully submitted,

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