PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF July 13th, 2020 REGULAR MEETING OF the Town of Rochester PLANNING BOARD, held at 7:00pm at the Harold Lipton Community Center and via Zoom and streamed on YouTube.
Chairperson Lindstrom recited the Pledge to the Flag.
The Secretary did roll call attendance.
PRESENT: ABSENT:
Chair Lindstrom, Chairperson Brian Buchbinder
Patrick Williams, Vice Chairperson Anne Marie Maloney
Rick Jones
Sam Zurofsky
Zorian Pinsky
Also present:
Mary Lou Christina, Town Attorney. Brianna Tetro, Secretary. Mike Baden, Town Supervisor and Zoom Host.
ANNOUNCEMENTS and COMMUNICATIONS:
Chair Lindstrom made the motion to cancel the July 27th, 2020 Workshop meeting. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 2 absent, 0 abstentions.
TRAININGS:
Chair Lindstrom told the Board that many on-line trainings had been emailed to them and that there were more virtual trainings coming up.
ACTION ON MINUTES:
Chair Lindstrom made the motion to accept the minutes from the June 8th, 2020 Regular Meeting. Mr. Pinsky seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 2 absent, 0 abstentions.
APPLICATION REVIEW:
PB 2020-02 SUP Continued Application
William Cafiero (dba Prop William Cafiero, LLC), Owner
Willingham Engineering, Applicant
Special Use Permit/Site Plan Approval
The applicant proposes the construction of a 1,250 sq. foot Deli with Drive Thru capabilities. The existing parcel is a vacant partially asphalted lot. The parcel is located at 6122 NYS County Route 209, Kerhonkson, NY, S/B/L 76.1-3-33 (+/- 1.3 acres). The Parcel is in the B-Business zoning district and fronts Rte. 209, a NYS scenic byway.
SEQRA: TBD
Mr. Cafiero, applicant and Mr. Matt Towne, Engineer were present on behalf of the application.
Chair Lindstrom explained what the application was about. She noted that at the previous meeting it had been discussed about having a gateway meeting with the Ulster County Planning Board (UCPB). Chair Lindstrom explained that had not been necessary as Mr. Cafiero had contacted the proper agencies and made the suggested changes to the site plans.
Chair Lindstrom said Mr. Cafiero had met with the NYS DOT and they had recommended the south curb cut be used for an exit only, while the north curb cut would be an entrance and an exit.
The Board discussed the landscaping plan with Mr. Cafiero and Mr. Towne.
Chair Lindstrom noted the site plan had different roofs than the renderings.
Mr. Pinsky also pointed out several other items that were different on the renderings compared to the site plan.
Chair Lindstrom told Mr. Cafiero and Mr. Towne to make everything consistent.
The Board discussed the lighting plan.
Mr. Towne stated that there were two lights on existing utility poles and would provide enough light for the outside of the building.
Mr. Pinsky noted the corner map on the site plan said Route 208 and that would need to be changed to Route 209.
The Board discussed the applicant’s request to have a waiver for the number of parking spaces.
Attorney Christiana stated as long as employees were factored into the parking total, it should be alright.
The Board discussed the right of way on the property. It was noted that, in the landscaping plans, there were proposed trees to be planted in the right of way. It was suggested by the Board to the applicant for the trees not be planted there, and maybe a fence put up instead, as someone could potentially want to use that right of away. Mr. Cafiero said that would be fine with him as it was easier to take out the plans for trees than it would be to get the deed, etc changed.
Mr. Zurofsky asked if a second exit was necessary.
Chair Lindstrom said it was suggested by the DOT so the Board needed to go with that.
Mr. Zurfosky made the motion to set the application for public hearing at the August 10th, 2020 regular meeting. Chair Lindstrom seconded the motion.
5 ayes, 0 nays, 2 absent, 0 abstentions.
All in Favor. Motion Carried.
Chair Lindstrom made the motion to refer the application to the New York State DOT, the Ulster County Health Department, and the Ulster County Planning Board. Mr. Jones seconded the motion.
5 ayes, 0 nays, 2 absent, 0 abstentions.
PB 2020-03 SBD New Application
Francis & John Nodar (Applicant & Owner)
Minor Subdivision
The applicant proposes a minor 2 lot subdivision of a +/- 60.4 acre lot into two lots. Lot one of +/- 52 acres is managed by the DEC and will retain these rights. Lot two of +/- 8 acres is to maintain the existing single family dwelling (doublewide) with existing well and septic. The parcel is located at 216 City Hall Road, Kerhonkson, NY (S/B/L 68.3-1-33.1 +/- 20.65 acres). The parcel is in the R-5 (rural conservation) zoning district, contains ACOE wetlands, Ulster County Habitat Core Lands and the named stream Mill Brook.
SEQRA: TBD
Mr. John Post, surveyor, was present on behalf of the application.
Chair Lindstrom noted that the well and septic needed to be called out on the survey maps. She also stated that the application would need to be sent to the DEC for comments as around 52 acres of the property was maintained by the agency. Chair Lindstrom explained the proposed subdivision would not touch the DEC maintained acreages, only the side/front and road portions would be changed.
Mr. Post pointed out they had 100 feet of road frontage.
Chair Lindstrom told Mr. Post the various maps notes that needed to be added to the final plat: Army Corps of Engineer Wetlands, Habitat, and the neighbors across the street.
There was no other discussion or questions from the Board.
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. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes
All in Favor. Motion Carried.
5 ayes, 0 nays, 2 absent, 0 abstentions.
Chair Lindstrom made the motion to set the application for public hearing at the August 10th, 2020 regular meeting. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 2 absent, 0 abstentions.
Chair Lindstrom made the motion to send the application for comments to the Town of Rochester Highway Department and the NYS DEC. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 2 absent, 0 abstentions.
PB 2020-02 SBD New Application
RV Associates Inc./Shane Ricks (Applicant & Owner)
Minor Subdivision
The applicant proposes a minor 2 lot subdivision of a +/- 20.65 acre lot into two lots. Revised Lot 2 of +/- 16.64 acres. Proposed Lot 3 of +/- 4 acres. Lot 1 was previously subdivided and shall remain the same. The parcel is located at 106 Mettacahonts Road, Accord, NY (S/B/L 76.2-5-3.118 (+/- 20.65 acres). The parcel is in the B (Business) zoning district, is in the AG-3 agricultural district, contains farmland of statewide importance and prime farmland, is in the AP (Aquifer Protection) and FD (Floodplain Development) Overlay Districts and fronts Rte. 209, a NYS scenic byway
SEQRA: TBD
Mr. Shane Ricks was present on behalf of the application.
Chair Lindstrom explained what the application was about.
Mr. Ricks said that the land surrounding the proposed subdivision would be sold and this would be the portion that he kept.
There was a discussion among the Board about the proposed right of way to Route 209 on the map.
Mr. Ricks said there was nothing proposed to go on the right of way as there was access to Mettacahonts Road.
Chair Lindstrom stated the application would need to sent to Ag and Markets due to the AR-3 district, the Town Highway Department, Ulster County Planning Board, Accord Fire District. She noted if the right of way was going to stay on the proposal it would also need to be sent to the New York State DOT.
Mr. Ricks said he would amend the map and take the right of away out as it wasn’t needed.
Chair Lindstrom stated if the proposed right of away was removed it would not need to go to the DOT.
Attorney Christiana stated there needed to be certification from the engineer that the lots could maintain well and septic.
There was no further discussion.
Chair Lindstrom made the motion to send the application to the Town of Rochester Highway Department, Accord Fire District, Ulster County Planning Board, and NYS Department of Ag and Markets. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 2 absent, 0 abstentions.
Chair Lindstrom made the motion to type the application as an unlisted/uncoordinated action for SEQRA. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 2 absent, 0 abstentions.
Chair Lindstrom made the motion to set the application for public hearing at the August 10th, 2020 regular meeting. Mr. Pinsky seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 2 absent, 0 abstentions.
Chair Lindstrom reminded Mr. Ricks he also needed to submit an Ag Data statement.
PB 2020-03 SPA New Application
Aditi Groswami & Kevin Meehan
Home Occupation, Class II
The applicant proposes the installation of a commercial kitchen in the second floor of existing garage (no new construction) to make prepared foods for sale at farmers markets on a +/- 31 acre parcel, S/B/L 69.1-1-23.100. Parcel contains a 3.500 sq ft single family dwelling, barn and shed. Parcel is located at 31 Upper Whitfield Road, Accord, NY and is in the AR-3 (agricultural residential) zoning district, contains DEC freshwater wetlands, farmland of statewide importance, and Ulster County Habitat Core lands.
SEQRA: TBD
The application was tabled due to no one in attendance on behalf of the application.
PB 2020-04 SUP New Application
Henry Rich
Special Use Permit
The applicant proposed the conversion of existing pottery studio into a grocery/convenience store. 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 from Medenbach and Eggers was present on behalf of the application.
Chair Lindstrom explained the application still needed a lot of materials including a narrative where it would detail what kind of goods and services would be offered, hours of operation, etc.
Ms. Garbiel said the store would be for basic grocery items, may be a deli.
Chair Lindstrom said there needed to be information about signage, landscaping, and parking, among other items, that also needed to be on the plans.
Mr. Williams stated the current parking lot would not be adequate as the size of the lots were wrong, there was not room for 10 people to be able to park.
Chair Lindstrom asked where would the delivery trucks load off as trucks were not allowed to park on the road. She reiterated there were many items that still were missing and needed to addressed. She stated it would be best to figure all the logistics out and then come back to the Board either the next month or a later date.
Attorney Christiana noted the proposed store was a more intensive use than what the building was currently being used for.
There was further discussion among the Board where it was reiterated that many items were missing and it wasn’t enough of a complete application to be able to move forward at the moment.
Ms. Gabriel stated she would speak to the client and get all the requested items to the Board.
PB 2020-02 SPA New Application
Bohler Engineering MA LLC (Applicant)
HSC Accord, LLC (under contract)/Linda De Mayo (owner)
Site Plan Approval
The applicant proposes the construction of a 9,100 Dollar General Store with parking on a +/- 2.8 acre parcel located at 4967 Rte 209, Accord, NY, S/B/L 77.1-2-8. Parcel is located B (Business) zoning district, is in the AG-3 agricultural district contains farmland of statewide importance and prime farmland, is in the AP (Aquifer Protection), contains ACOE wetlands (proposes to encroach on wetlands), and is within 500 feet of a possible Registered Historic Site (Appledoorm Farm).
SEQRA: TBD
Ms. Caryn Miodzianowski was present on behalf of the application.
Chair Lindstrom explained what the application was all about.
Chair Lindstrom stated that the applicant had already been in contact with the NYS DOT about using the existing access. She noted it met the set backs and they were proposing 27 parking spaces, which was less than the code required so they would need to provide a parking waiver. She also noted that they did not meet the code for the driveway and referenced #140-17 (f) (6) and #140-17 (f) (8) accordingly:
Access to and from all nonresidential off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well defined separate or common entrances and exits and shall comply with the following provisions:
(6) No driveway center line shall intersect a street line less than 100 feet from the intersection of any two street lines, including intersections on the opposite side of the street, except by specific written approval of the jurisdictional agency.
(8 ) Clear visibility shall be provided in both directions at all exit points so that the driver of an automobile stopped on the platform portion of any new driveway will have an unobstructed view of the highway for a reasonable distance (commensurate with the speed and volume of traffic on such highway) and so that there is a similar view of the automobile in the driveway.
Chair Lindstrom stated they did not meet the driveway code because the proposed truck turn was not safe. She said the trucks would need to cross the 2 lanes of traffic on 209 and there would be an accident.
Mr. Zurofsky suggested having a shared driveway with the nearby property, as that was the only thing he could think of that could potentially be done to adhere to the driveway code.
Chair Lindstrom mentioned that due to the wetlands on the property, the building needed to be smaller in order to not encroach on them.
Ms. Miodzianowski stated the wetlands were less than a tenth of an acre.
There was further discussion about the proposed project among the Board.
Attorney Christiana stated that she would highly suggest that the application have a gateway meeting with Ulster County Planning Board and the NYS Department of Transportation.
Chair Lindstrom also agreed that the application would be best set for a gateway meeting and suggested that the application be tabled until the next month’s meeting.
There was no further discussion.
OTHER MATTERS:
Chair Lindstrom stated a referral had come from the Town of Gardiner regarding a Special Permit Application located on 747 N. Mountain Rd. The property was within 500’ of the Town of Rochester. She said that the referral had stated there would be a Drop Box link made available in order to review the files but the link had never been sent even though the Board’s secretary had reached out via phone and email. She said since there was not any thing received, the Board couldn’t really make any sort of decision or recommendation. She said she’d draft a letter stating as such.
Chair Lindstrom made the motion for the chairperson to write a letter to the Town of Gardiner. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 2 absent, 0 abstentions.
ADJOURNMENT:
Mr. Zurofsky made the motion to adjourn the meeting at 8:53pm.Mr. Jones seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 02 absent, 0 abstentions.
Respectfully Submitted,
Brianna Tetro, Secretary
Adopted and Accepted as Amended: August 10th, 2020