PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF July 9th, 2018 Regular Meeting of the Town of Rochester PLANNING BOARD, held at the Town of Rochester Community Center, Accord, NY.
Chairperson Lindstrom asked everyone to stand for the pledge to the Flag.
The Secretary did roll call attendance.
PRESENT: ABSENT:
Maren Lindstrom, Chairman Patrick Williams
Rick Jones
Alonzo Grace
Laurence DeWitt
Sam Zurofsky
Brian Buchbinder
Also present:
Shaye Davis, Secretary. Zorian Pinsky, Alternate. Mary Lou Christiana, Attorney for the Town.
ANNOUNCEMENTS AND COMMUNICATIONS
There were no announcements or communications.
ACTION ON MINUTES
Chairman Lindstrom motioned to accept the June 11th, 2018 and June 25th, 2018 Planning Board Minutes. Mr. DeWitt seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
2018-03 LLI New Application
Lot Line Improvement
RV Associates, LLC
Proposes a lot line adjustment of 0.45 acres (40’ feet) from S/B/L76.2-5-3.113 to S/B/L 76.2-5-3.111.Located at 106 Mettacahonts Road, Accord, NY, B zoned.
SEQRA: Type II Action (by code)
Shane Ricks was present on behalf of the application.
Mr. Ricks explained that he was conveying 40 feet between two of his parcels.
Mr. Buchbinder motioned to accept the lot line improvement. Mr. Jones seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
2018 – 04 LLI
Lot Line Improvement
Let Lee & Ida Wong
Proposes the combination of 4 contiguous lots into one +/- 48.5 acre lot.
Parcel A: S/B/L 68.4-4-23.110, (+/- 10.4 acres); Parcel B: S/B/L 68.4-4-26.110, (+/- 13.9 acres);
Parcel C: S/B/L 68.4-4-22.210, (+/-20 acres); Parcel D: S/B/L 68.4-445.200, (4.2 acres).
Located at 236 Lower Whitfield Road Accord, NY AR-3 zoned.
SEQRA: Type II Action (by code)
Blake Arrowood and Jacob Meligo were present on behalf of the application.
Chairman Lindstrom explained to the Board why they were doing the lot line improvement.
Mr. Zurofsky motioned to accept the lot line improvement. Mr. Jones seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
2018-06
Site Plan Approval 140-29 (B) (2) Type B action
American Tower Corporation (owner), Maryanne Terry/Airosmith Development (applicant) on behalf of New Cingular Wireless PCS, LLC (“AT&T)
Proposes the swapping out of antennas and associated equipment for LTE upgrades on existing wireless facility. 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”.
82 City Hall Road, Kerhonkson, NY, SBL 68.3-2-47.110, ±28 acres. Area of equipment ±0.0068 acres R-2 zoning
SEQRA: Unlisted/Uncoordinated, Neg. Dec June 11, 2018
Tim Rapp and Ryan Lockenvitz from Airosmith Development were present on behalf of the application.
Chairman Lindstrom opened the meeting for public comment.
No one spoke from the public spoke. There was no discussion of the Board.
Mr. DeWitt motioned to close the public hearing. Mr. Buchbinder seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
There was no further discussion. The Board read the findings.
Findings of the Planning Board with review of the Site Plan Approval Application:
1. The Planning Board received a zoning referral for maintenance and upgrade to the existing telecommunications cell tower at 82 City Hall Road. The request is a 140-29 (B) (2) Type B action by code.
2. Original Site Plan Approval was granted by the Town of Rochester Planning Board April 10th, 2012.
3. The Planning Board further received a Site Plan and Special Use application, EAF, and related documentation from the applicant, cited above.
4. The parcel on which the cell tower is located is known as S/B/L 68.4-4-23.110.
5. Proposed improvements to the tower include adding three remote radio units and swapping one remote radio unit, and adding one DC surge protector, and two DC power cables. Three existing antennas will be swapped for new antennas. The new equipment is to be installed on the existing 120 foot American Tower Corp. owned monopole. ATT/Airosmith will also be performing maintenance cabinet work while on site. The maintenance and conversion/installation of equipment is expected to take 3 days.
6. The parcel is +/- 23.8 acres and is located in the R-2 zoning district and the use complies with the standards of such districts and no further review is required.
7. There are no other changes proposed to the site.
8. Planning Board discussed, reviewed, and determined the proposed upgrade and maintenance work is administered under and compliant with Town Zoning Code Chapter §140-29 and is a “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”.
9. The proposal meets the minimum development standards of Town of Rochester Code Chapter 140, Zoning.
10. The Planning Board received certification that the proposed modifications/improvements NIER levels are within the threshold levels adopted by the FCC and that the calculations used to determine the cumulative NIER levels if the application involves collocation.
11. The Planning Board received a copy of the lease agreement stating that AT&T (or equivalents) can apply for all permits necessary for any construction in lieu of the parcel owner’s signature.
12. The telecommunications industry is considered a public utility and the federal government retains significant regulatory powers which override Home Rule authority of local government and the Federal Communications Commission (FCC) is the federal regulatory authority of the industry.
13. The Telecommunications Act of 1996 mandates State or local government “shall not unreasonably discriminate among providers of functionally equivalent services” and “shall not prohibit or have the effect of prohibiting the provision of personal wireless services “. It further states “No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission’s regulations concerning such emissions.”
14. The Middle Class Tax Relief and Job Creation Act of 2012 mandates “a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.”
15. Public hearing was held on July 9th, 2018.
16. Short Form EAF Part 1, received on 5/24/2018, SEQR Part 2 was completed by the Board and a Negative Declaration was determined on 6/11/18.
Draft findings were prepared by the Chairman and were read, discussed and amended by the Planning Board.
Adopted July 9th, 2018
Ayes: 6 Nays: 0 Absent: 1
Motion to adopt findings by Mr. Zurofsky
Second by Mr. DeWitt
* * * *
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 Site Plan—Conditional Final Approval for Zeno Wicks, (Owner), American Tower Corporation (owner/leasee), aka ATT Mobility c/o Airosmith Development permitting the maintenance and upgrading of the leased cell tower lands situate at 82 City Hall Road, Kerhonkson, NY, known as S/B/L 68.3-2-47.110, and located in the R-2 zoning.
Condition of Approval:
1. Receipt of Certification of that the proposed antenna(s) will not cause interference with other telecommunication devices.
2. 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.
EFFECT of APPROVAL:
1. This Special Use and Site Plan 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.
2. 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.
Town of Rochester Planning Board further grants the authority to the Chairman to certify condition 2 has been completed without further resolution and to sign and date the plat at such time.
Adopted July 9th, 2018, by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion made by Mr. Zurofsky
Seconded by Mr. Grace
Chairperson Grace motioned to adjourn the meeting at 9:22PM. Mr. Williams seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
2018-05
Amendment of Existing Site Plan & Special Use Permit
Twin Track Promotions applicant
Proposes amendment of existing Special Use Permit PB 1992-05 to remove Condition #2 and expand food concession to include the sale of beer and wine.
299 Whitfield Drive Accord, NY, SBL 69.1-1-5, ±20 acre parcel, R-5 zoning, partial prime farmland/farmland of statewide importance on parcel
SEQRA: Unlisted/Uncoordinated Neg. Dec June 11, 2018
Gary and Donna Palmer were present on behalf of the application.
Chairman Lindstrom opened the meeting for public hearing.
Rich Smith (RJ) stated that he was speaking on behalf of the Palmer Family and the fans and that he supported the Speedway.
Mike Hansen from WRWD stated that the racetracks constantly need to generate more revenue. Gary and Donna had worked hard to make it a great facility for families.
Ken McGuire stated that he has been representing the track since before the Palmer family owned it. He stated that the concerns that have been brought up were covered by the NYS license for beer and liquor. He stated that there was nothing more country than having a beer and watching the races. He stated that they were considering starting a Designated Driver program as well.
Mr. Buchbinder asked if people were currently allowed to bring their own alcohol to the racetrack.
Mr. Palmer stated that there was currently no alcohol allowed at the racetrack.
Wes Davis stated that he was a neighbor of the racetrack and that the Palmer Family were great neighbors. He stated that he was not a beer drinker himself but he was sure that the decision to allow alcohol on the premises were in good hands with the Palmer Family.
Ronaldo Yerkes stated that he was good friends with the Palmer Family and that he lived next to them now. He stated that he would like to see the change happen.
Marvin DePuy stated that there were no problems with the Palmer Family or the track. He noted that he was concerned about someone crashing and holding the Palmer Family responsible.
Shane Ricks stated that he was showing support for the racetrack. He noted that the Palmer Family had run the track very responsibly and will do the same with the alcohol license.
Martin Dibble from Germantown stated that he goes to Accord Speedway for every race. He stated that there was not a better track around and that the Town should be lucky to have them. He stated that he was not a beer drinker but supports the track in their decision.
AnnMarie Malony stated that what the Palmer Family does was amazing and since they are amazing and responsible, they would be with the alcohol license as well.
There were no more comments from the public.
Mr. Jones motioned to close the public hearing. Mr. Buchbinder seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
There were no further discussions. The Board read the findings.
Findings of the Planning Board with review of the amended application
1. The Planning Board received a zoning referral to amend a Special Use Permit, deleting the existing condition #2 “no alcoholic beverages shall be sold or consumed on the premises” of the Planning Board Decision 1992-05, and permitting the sale of beer and wine on the premises.
2. The Planning Board further received a Site Plan and Special Use application, EAF, and related documentation from the applicant, cited above.
3. The applicant stated there will be no physical changes to the existing parcel/Site Plan.
4. The applicant will have to obtain a NYS Liquor Authority Liquor License prior to commencing any service of alcoholic beverages (beer and wine).
5. The applicant states that beer and wine will only be allowed in the concessionary area and in the grand stands. No alcoholic beverages will be allowed elsewhere on the premises (parking, pits, etc.). The applicant plans to add signage indicating where alcoholic beverages are allowed and where they are prohibited.
6. The parcel is located in the ‘R-5’ zoning district and the use(s) proposed have been determined to meet or exceed the Schedule of District regulations pursuant Town of Rochester zoning code.
7. The parcel is approximately +/- 20.33 acres and is known as S/B/L 69.1-1-5.
8. The amendment was classified as an unlisted/uncoordinated action under SEQRA. A negative declaration was made. No further review was required or conducted.
9. A public hearing was held July 9th 2018.
Draft findings were prepared by the Chairman and were read, discussed and amended by the Planning Board at a public meeting.
Adopted July 9, 2018
Ayes: 6 Nays: 0 Absent: 1
Motion to adopt findings by Mr. DeWitt
Second by Mr. Buchbinder
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Special Use -Conditional Approval to Twin Track Promotions, Inc. (dba Accord Speedway) removing the condition #2 of the existing SUP PB 1992-05 for the lands situate at 299 Whitfield Road, Accord, NY, known as S/B/L 69.1-1-5, and located in the ‘R-5’ zoning district.
The Town of Rochester Planning Board grants Site Plan -Conditional Approval to Twin Track Promotions, Inc. (dba Accord Speedway) removing the condition #2 of the existing SPA PB 1992-05 for the lands situate at 299 Whitfield Road, Accord, NY, known as S/B/L 69.1-1-5, and located in the ‘R-5’ zoning district.
The Site Plan dated May 17th, 1992 continues as approved except as amended with this decision. The Site Plan amendment dated July 9th, 2018 is approved with the following conditions.
CONDITIONS of APPROVAL for the AMENDED APPLICATION:
1. Conditions #1 and 3 -26 of decision PB 1992-05 SUP/SPA remain in force with this amended approval.
2. Condition #2 of decision PB 1992-05 SUP/SPA shall be declared null and void.
3. 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.
4. Any deviation from or amending of the approved and signed Site Plan shall require resubmission to the Planning Board, except as may be permitted as determined by the Code Enforcement Officer.
5. All Local, County, State, and Federal Laws or Codes shall be complied with for the current or future use of these lands.
6. The applicant shall secure a New York State Liquor Authority Liquor Licence for the service of beer and wine prior to the commencement of any and all sales of alcoholic beverages. Any and all other agencies’ permits or approvals which are currently required or any which may be determined in the future to be required in conjunction with the construction and/or operation of this use shall be secured or renewed as applicable. Should any conditions imposed by other agency permits cause conditions to be in conflict, the more restrictive condition shall prevail. Should any permit approvals necessitate a change to the approved Site Plan, the matter shall be referred to the Planning Board for consideration.
7. The applicant shall install signage clearly indicating where alcoholic beverages may only be consumed (concession area and grand stands) and indicating where the consumption of alcoholic beverages is not permitted (pits, parking, etc.).
The Town of Rochester Planning Board further grants the authority to the Chairman to certify condition 3 has been completed without further resolution and to sign and date the plat at such time.
EFFECT of APPROVAL:
3. This Special Use and Site Plan 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.
Adopted July 9th, 2018, by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion made by Mr. Buchbinder
Seconded by Mr. Zurofsky
2017-02 SUP/SPA Continued Application
Site Plan & Special Use Permit – Resort
Inness NY LLC owner, Sommer Partners, LLC applicant
Proposes expansion of existing use (new construction and modification/change of use) of a ±137 acre parcel at 10 Bank Street, Accord, NY, SBL 77.1-1-1, AR-3 zoning. AP Overlay & FD overlay zoning districts. Adjacent to Ulster County Ag District #3, contains NWI Wetlands, State Freshwater Wetlands, is within 500 ft. of a National Historic Register property, and within 500+ ft. proximity to a state habitat core.
SEQRA: Type I
Nadine Carney from Peak Engineering, Taavo Somer the owner were present on behalf of the application.
Tim Moot from Clark Patterson Lee was present as well.
Mrs. Carney gave an update on SHPO.
Mr. Moot stated that the SWPP was incomplete. He stated that the SWPP could not be for possible thing it had to be exact. If there was going to be a pond where would the pond be.
Mrs. Carney agreed that it was incomplete and explained more where they were at with the SWPP.
Chairman Lindstrom asked Attorney for the Town Christiana if the Board could give the EAF a negative declaration without the SWPP being completed.
The Attorney for the Town Christiana stated that yes, the Board could.
Mr. Zurofsky motioned to declare a negative declaration under SEQRA. Mr. DeWitt seconded.
Roll Call:
Chair Lindstrom: Yes Mr. DeWitt: Yes
Mr. Jones: Yes Mr. Grace: Yes
Mr. Zurofsky: Yes
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
There was no further discussion.
2018-08 SUP
Site Plan & Special Use Permit
Tri State Hardwoods (owner & applicant)
Proposes expansion of existing use by addition of a debarker with associated 40’ x 40’ concrete pad on existing log storage yard. +/- 12.86 acre parcel located at 4106 Route 209 Accord, NY, SBL 69.003-2-14, B zoning district,
SEQRA: TBA
Ted Peck, the owner was present on behalf of the application.
Mr. Peck explained why he was in front of the Board. He stated that China was not accepted logs unless they were debarked or fumigated anymore due to the Emerald Ash Bore. He explained that he is losing an incredible amount of money and logs without having a debarker or fumigation system. He stated that China might not even accept the debarked logs but he said at that point it was a chance he was willing to take.
The Board asked if there would be any lighting.
Mr. Peck stated that there would be no lighting and they wouldn’t start until 8:00am.
Chair Lindstrom asked how the noise would be.
Mr. Peck stated that it would not be any louder than it currently was.
Mr. Buchbinder asked if there would be more trucks.
Mr. Peck stated that there wouldn’t be an increase of trucks and that he hoped Richard Smith would take the bark.
Mr. Jones asked more about the noise and what the actual decibels would be at the machine and at the property line.
The Board discussed that the machine and OSHA had their own regulations on the decibels the machine could be for people working around it.
Mr. Jones asked if there machine would cause any vibrations.
Mr. Peck stated that with the concreate pad there would not be any vibrations.
There was concern about the chip dust and air pollution.
Mr. Peck stated that the bark would not be mulched on the property so there would be minimal dust from the debarker.
There was discussion amongst the Board about whether they were considering the machine and the pad as one or just the pad.
Mr. Buchbinder motioned to authorize the Chair to speak with the Code Enforcement Officer to decide whether it was the pad or the machine they were reviewing. Mr. Zurofsky seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
Mr. DeWitt motioned to refer the application to the Ulster County Planning Board contingent upon receiving the information from the Code Enforcement Officer. Mr. Buchbinder seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
Mr. DeWitt motioned to set the application for public hearing for the August 13th Planning Board meeting. Mr. Zurofsky seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
2018 – SUP/SPA
Renewal of Special Use Permit for Commercial Events Facility
Frank Macagnone (aka Crested Hen Farms) applicant
Located at 607 County Route 6, Accord, NY S/B/L 77.2-2-12.1
SEQRA: Type II by code
Mr. Jones asked how the Board reviews the renewing of the permit.
Attorney for the Town Christiana stated that if there were no violations filed by the Code Enforcement Officer than the Planning Board has to renew the application.
Mr. Jones stated that he would like to see a report from the Town Constable on the noise from the events he went to.
The Board discussed asking the State Police for their report from responding to a noise complaint.
Frank Macagnone, the owner takes his own decibel readings for each event.
The Board asked the owner to supply them with the decibel readings.
Mr. Buchbinder motioned to set the application for public hearing. Mr. Jones seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
There was no further discussion.
2018-03 SUP Continued Application/Public Hearing
Amended Site Plan & Special Use Permit – Special Events Facility
Arrowood Farm LLC applicant
Proposes commercial events facility with parking on a ±48.5 acre parcel
236 Lower Whitfield Road Accord, NY, SBL 68.4-4-23.110, AR-3 zoning,
Within Ulster County Ag District #3, AP Overlay’ zoning districts.
SEQRA: Unlisted Uncoordinated Neg. Dec June 25, 2018
Blake Arrowood and Jacob Meglio, owners and Barry Medenbach from Medenbach and Eggers were present on behalf of the application.
Tim Moot from Clark Patterson Lee was also present.
Chair Lindstrom opened the meeting for public comment.
Shane Ricks stated that he liked Arrowood Farms. He stated that he was on the Planning Board when Arrowood received their original approval and could always tell that they wanted to do more. He stated that he saw there were concerts already scheduled and he wondered how that could be taking place before they received approval for the special events. He noted that he was concerned about people drinking and driving.
MC from Four Green Fields stated that she loves what Blake and Jake have created and was very excited to see them expand.
Frank stated that the noise impact will be gigantic. He added that Mettacahonts Road would be packed with the increased traffic.
AnnMarie Maloney stated that she met with Blake and Jake and that she was just going to see how the events played out.
Mr. Jones motioned to close the public hearing. Mr. Grace seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
Mr. Jones stated that he was still concerned about the noise.
Attorney for the Town Christiana stated that the noise study covered everything.
There was no further discussion. The Board read the findings.
Findings of the Planning Board with review of the updated application:
17. The Planning Board received a zoning referral for an updated/amended approval of PB Site Plan Approval 2016-01 for a “Commercial Events Facility” Special Use from the Code Enforcement Officer, as defined in the T/ Rochester zoning code: “The business use of a parcel for conferences, banquets, festivals, weddings, or other similar celebratory or educational activities conducted ancillary to another approved allowed use, subject to the standards of §140-35.”
18. Original Site Plan Approval was granted April 11th, 2016 by the Town of Rochester Planning Board with decision PB 2016-01 SPA for the use “Agricultural Tourism Enterprise for the operation of a farm brewery tasting room as defined by NY State Ag & Markets and NYS Alcohol and Beverage Control”. Within that approval the Planning Board originally denied SPA for the operation of ‘farm harvest celebrations’ which had been proposed. Reasons for denial were: “The application is lacking in details of frequency, scale, attendance, and general characteristics of what such celebrations may entail and the potential impact on the community”.
19. The parcel’s existing use is a farm brewery and brewery tasting room of approximately 2,400 sq. ft. Additionally, the farm grows certified organic hops and grains; and raises pigs, ducks, chickens, bees, fruits and vegetables. The existing use employs 7 full time and 7 part time employees.
20. Existing improvements to the parcel consist of a 480 sq. ft. barn and a 1,800 sq. ft. pavilion and a low wooden stage. Ingredients for the brewery’s output are sourced locally/on site. Additionally the applicant partners with local businesses to showcase their farm goods. Contiguous parcels are used for farming, are residential or currently undeveloped woodlands. Contiguous parcels are zoned AR-3 and R-1.
21. The Planning Board further received a Site Plan and Special Use application, EAF, and related documentation from the applicant, cited above.
22. The parcel to be developed is known as S/B/L 68.4-4-23.110.
23. The parcel has road frontage onto Lower Whitfield Road, a Town of Rochester maintained highway. The Highway Superintendent was contacted and responded by letter that a paved apron should be added at the end of the driveway to mitigate dust and gravel from entering the Town Highway, and otherwise had no comment.
24. The parcel is located in the ‘AR-3’ and ‘AP Overlay’ zoning district and the use complies with the standards of such districts and no further review is required.
25. The parcel is located in Ulster County Ag District #3. An Agricultural Data Statement was prepared and presented. The Planning Board finds this use complies with the standards of such district.
26. The Board determined the action to be a SEQRA Unlisted/Uncoordinated Action. The Board reviewed Part 1 and discussed and completed Part 2 of the EAF. A Part 3 was completed and the Board determined the proposed action will not have a significant adverse environmental impact. A Negative Declaration was adopted and filed.
27. The applicant proposes, in the narrative (and narrative updates) an expansion of the use of the parcel for commercial facility special events such as weddings, charity events, concerts, and other group events germane to the farm and brewery.
a. During the spring, summer and fall seasons, the applicants propose using an existing fenced 30,000 square foot lawn/field area between the property’s existing brewery/brewery tasting room, barn, pavilion and stage to host special events such as weddings, rehearsal dinners, concerts, corporate events, fundraisers and parties. Events will take place on the enclosed lawn with the addition of a 30’ x 60’ tented area for some events such as wedding ceremonies.
b. The applicant requested a maximum event size of 1,200 guests. The Board discussed event size and felt that reducing the maximum to 1,000 guests would be appropriate to mitigate traffic concerns. As reference, the brewery presently hosts between 100 and 700 guests during the prime season. According to the applicant, most proposed special events are to be in the 70 – 200 guest range.
c. Additional temporary field parking will be provided for 310 cars. Existing brewery parking will be expanded to 28 spaces with Town code ADA compliant spaces and rack parking for 9 bicycles. An additional 80 cars can be parked along the temporary farm lane parking pull offs on the mown grass.
d. Outdoor lighting will be minimal. Lighting will be provided for temporary field parking along existing fencing. Field parking/fencing lighting will only be used for special events. Additional lighting will be added along walkways and along pedestrian entranceway from temporary parking; additional to existing fully-shielded entrance lights on the brewery. Lighting will be dark sky compliant and have to comply with all TOR Zoning Code lighting regulations.
e. Interior wayfaring and restricted area signage will be provided for all special events–signage direction to porta johns, lost kids/property, etc., temporary closures (indoor lavatories, other areas) with signage combined with physical barriers to post restricted areas (hops, potagers, barns, pond, stage, etc.)
f. Rest room facilities will be closed for special events with guest attendance greater than 100. Portable bathrooms with water for hand washing (hand washing stations) will be rented per event, scaled for the number of guests, with a minimum of one facility per 80 guests, geometrically scaling. Potable water will be provided by watering stations and/or provided by the catering service or food provider.
g. With the exception of foods permitted under Agriculture & Markets Law 301 and 305 (a), or NY Consolidated Laws, Alcoholic Beverage Control Law ABC 51-a Farm Brewery License, all special events foods will be brought in by the event coordinator, the catering company or food provider hired by the special event client. Depending on the size of the event, a catering tent to aid with food & beverage service may be brought in and placed near the pavilion.
h. The applicant and an event coordinator will handle the day-to-day operations for all special events. Additional staff will be hired as needed for the day of the event. For all concert events a concert management company will manage security and parking. All security officers will be licensed and bonded and parking staff will be professionally managed. Security staffing for concert events is to be on a sliding scale relative to the number of guest attendees. An EMT will be on site for all concerts. An additional 10 volunteer crowd management personnel will be positioned within the designated special event area for all concerts.
i. For non-concert special events over 200 guests 2 bonded licensed security personnel will be retained on site. Parking schedule will remain the same as for concert events.
j. Parking attendants will be on site to direct parking for ingress and egress. For special events, parking attendants will be stationed throughout the parking area to direct vehicles and pedestrians and insure crossing at the designated crosswalk. Furthermore, parking attendants will serve to expedite traffic flow and insure correct traffic patterns. A parking attendant will be placed at the Lower Whitfield Road entrance to the Brewery. The parking attendant at the road will be responsible for turning away cars if temporary parking is at capacity. Pedestrian access to the events area will be via one marked gate from the parking area, via a marked pedestrian walkway. During special events walkways and the parking perimeter will be delineated by 3 foot rope guide and by the existing fence line of the lawn area. For all special events, parking attendants will be used at the following sliding scale.
k. The sliding scale for parking attendants (all events) and security (for concert events):
Attendance Parking Staff Security
300 5 6
600 7 8
900 7 8
1000 9 10
28. The proposed special use will have to be compliant with all articles of § 140-20 General Commercial and Industrial Standards.
29. The parcel is located in the Accord Fire District. The existing brewery access is compliant with the Town of Rochester Fire code, with a letter stating such dated March 9, 2016 on file.
30. Planning Board discussion, review, and determinations of the proposal and site plan:
a. The Board determined the proposed use is administered under town zoning code with chapters §140-35 Commercial Events Facility and §140-20 General Commercial and Industrial Standards specifically applying to the proposal. This is in addition to other chapters which apply to all Special Use reviews. §140-35 Commercial Events Facility states the purpose is “to ensure facilities which may not have been designed to service such special events meet the standards of health, safety, and welfare while allowing for such use upon satisfaction of specific standards.” It is noted the parcel use will remain primarily agricultural and a farm brewery which is also regulated by Agriculture & Markets Law. Special Events Facility is a secondary business use limited to 12 events per year by code (this equates to approximately 3% of the year). Event hours are limited to between 9:00 am and 11:00 pm and setup and dismantling hours limited to between 8:00 am and 12:00 midnight by code
b. Event Sizing. The board, with public input, discussed extensively the maximum guest count of potential events and the commensurate traffic and noise. Most special events will be smaller events such as charity fund raisers, weddings, receptions, etc., but the applicant also proposes larger concert and festival events, which the Board determined necessitate greater security, crowd and traffic management. The Board reduced the maximum guest count from 1,200 guest to 1,000 guests. The spacing provided for special events guests of 30 sq. ft. per guest (at maximum capacity in an existing fenced area of 30,000 square feet) is above the industry standard for crowd management–recommended at +/- 10 sq. ft. per guest. The Board felt that maintaining the temporary field parking at 310 with overflow capacity +/-108 parking spots was necessary to ensure no backing up of traffic and to ensure adequate parking in the case of vehicles arriving with fewer than the standard industry calculation of 3.5 persons per vehicle.
c. All Special Events will have limited ticket sales to insure that the stated maximum number of guests is not exceeded. And, as stated below, personnel will be stationed on Lower Whitfield Road to “turn-away” vehicles once the maximum allowable parking is met.
d. Necessary Lot Line changes. The Board in reviewing the application determined that the proposed temporary field parking, while on lands of the same owner, would be on a different parcel than the parcel for which the approval was sought. With consultation of the Town Attorney it was determined that the applicant needed either (a) procure an easement for the temporary parking use, or (b) do a lot line adjustment. The owner of the parcel(s), Let Lee and Ida Wong applied for and received a lot line improvement (PB 2018-04 LLI) combining 4 parcels into one +/- 48.5 acre parcel, all AR-3 zoning.
e. Traffic, Parking & Wayfaring: The gravel/dirt driveway is to remain free of vehicles except those arriving and departing. The drive has been resurfaced with speed bumps and gravel to limit dust and to slow the flow of traffic. Temporary special event parking, as noted on the site plan, is in an adjacent field. The applicant states guest vehicle access will be for cars and/or limousines. There will be no use of larger coach style busses. The land for the overflow parking is well compacted hoosic gravely loam with mown open pasture. An analysis of the soil for the overflow parking was conducted by Medenbach and Eggers, LLC and it was determined that the soil was adequate for parking and that the limited use of the mown field for parking would not have a detrimental effect on groundwater due to any leakage from parked vehicles (on file). Lighting for the special events temporary field parking lot (along the existing fence line) as well as adding additional pathway lighting to illuminate pedestrian walkways are called out on the site plan. Proposed lighting is in adherence with the dark sky ordinance (down cast, dark-sky certified lights compliant with Town lighting guidelines). Lighting for all field parking will not be used when the parking is not in use for a special event. Internal signage will enhance wayfinding and will be required to assist in directing the public to the event center pedestrian access. Parking attendants will be equipped with flashlight and will direct guests to their vehicles. Parking attendants, bonded/licensed security personnel and voluntary security personnel shall be on site for special events in accordance with a sliding scale. The sliding scale was determined by the Board to meet standard crowd control measures.
f. Event Definitions: The Board discussed at length what events fall under the purview of Agriculture & Markets Law §301 & §305, and/or NY Consolidated Laws, Alcoholic Beverage Control Law ABC 51-a, Farm Brewery License and/or which events fall under Town municipal law §140-35. It was determined that some events shall meet the specifications of Ag & Markets Law & Farm Brewery Law and will fall outside of the purview of the Town’s Commercial Special Events Facility determination. Proposed Agriculture & Markets Law legislated events shall be presented to the Code Enforcement officer on a case by case basis for determination if they meet strict Ag & Markets criteria, otherwise they will qualify as Commercial Facilities Special Events under Town zoning law §140-35.
g. Sound/Noise: The planning board discussed at length the issue of noise from live music at special events, and, with input from the public, identified sound or “noise” as a potential concern. The existing stage is oriented so that the music’s direction moves towards the back of the parcel which is surrounded by woodland and forested areas. Existing structures provide a degree of further sound buffer as do the agricultural fields and tree lines. But the extent and efficacy of these mitigating factors were unknown, thus the Board requested a sound study be conducted. The Town has no noise ordinance, however §140-20F General Commercial and Industrial Standards of the Town of Rochester zoning code addresses sound standards for any newly proposed use of a parcel.
The applicant retained a consultant who conducted a sound study and submitted findings and acoustical solutions to ensure sound levels at the periphery of the parcel will be compliant with Town zoning law. The first resultant study was determined by the Board to be inadequate as it did not test ambient sound levels at all the parcel’s periphery as required by code. Alternative solutions were discussed. In the end, with consultation with the Town Attorney, the Board requested a greater study with onsite testing of peripheral ambient sound at all parcel borders with a commensurate sound simulation. The second study (dated July 2, 2018) was reviewed by the town planning consultant Clark Patterson Lee. The results of the second study found average ambient noise level ranging from 46.3 dBA to 67.2 dBA at the parcel periphery depending on the peripheral axis tested. Peripheral ambient sound levels will not exceed 65 dBA The sound consultant determined by acoustical sound modelling algorithms that sound monitoring at all concerts to maintain sound levels at or under 90 dBA at 50 feet from the stage will insure that the ambient level of noise at all peripheral receptor locations does not exceed the recorded ambient levels at those locations by more than 10 dBA, as required by code, with a maximum of 65 dBA, in all cases. The applicant will purchase a sound level meter to monitor the sound level of amplified music at a reference location 50 ft in front of the stage to insure ongoing compliance. The Board finds the sound limitation associated with the proposal will meet the standards of §140-20(F).
31. Public hearings were held on June 11th and July 9th, 2018. All Public concerns, observations and support were duly taken into consideration by the Planning Board in drafting its decision.
32. The application was required to be referred to the Ulster County Planning Board which returned the comments addressed in the following section.
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 Special Use proposal
Adopted July 9th, 2018
Ayes: 6 Nays: 0 Absent: 1
Motion to adopt findings by Mr. DeWitt
Second by Chair Lindstrom
* * * *
Ulster County Planning Board (UCPB) NYS General Municipal Law §239 Referral
Whereas,
The T/ Rochester Planning Board submitted the application for review to the UCPB pursuant to NYS GML §239.
Whereas,
The UCPB reviewed the proposal 6/06/2018 and returned written comment stating Required Modifications.
1. Special Permit
Comment:
Given the nature and potential of the facility to host multiple large events throughout the year and that a variety of variables as it relates to traffic (entering and exiting), noise, emergency access, etc. are not fully resolved, a time limitation on the request for a special events facility should be considered.
Required Modification:
A one-year special permit is recommended. As part of the conditions keeping the special permit for its first year of operation and/or for its renewal for subsequent years, the Town should consider a variety of factors including, but not limited to, traffic and queueing onto Lower Whitefield Road, fire access, noise-level monitoring, and site security.
Response:
The Planning Board agrees with the need for a limited term initial special use permit and shall limit the initial permit to 18 months in order to have one full season of events for observance.
2. Fire Access
Comment:
Local fire district comment or approvals are absent from the materials provided for review…
Required Modification:
As part of the site’s safety and security procedures, the ability of local emergency responders to easily access the property, especially at larger-scale events, should be verified.
Response:
The TOR Planning Board did contact the Town Fire Inspector and a letter is on file stating that the site is in compliance with fire access safety code.
3. Health Department
Comment
The site has an existing, approved, septic system and proposes to utilize portable toilets for larger events. The Ulster County Planning Board is also pleased to see comment regarding public hand-washing stations made at our gateway meeting has been incorporated into the applicant’s plans for larger events. Additional approvals for food preparation, however, may be necessary from the County Health Department.
Required Modification
The applicant and Town should verify that all necessary approvals from the County Health Department have been granted prior to granting the special permit.
Response
Restrooms will be closed for special events over 100 guests so as not to tax the septic and well. Portable toilets, washing station and potable water supplies will be brought in/provided for all special events. One portable toilet per 80 patrons will be provided. Securing all Ulster County Health Department approvals for food preparation shall be a condition of approval.
4. Pedestrian Crossing
Comment
The proposed site plan indicates a roped-off pedestrian walkway along the eastern side of driveway’s length, but does not indicate a dedicated cross walk area.
Required Modification
A designated pedestrian crossing or crossings should be established for larger-scale events in conjunction with personnel to direct the flow of traffic, both pedestrian and vehicular.
Response
A designated pedestrian crossing walkway is shown on the Site Plan. Parking attendants and security personnel, scalable to event size, shall be retained and properly positioned for all special events as a condition of approval
5. Lighting
Comment
The use of full-cutoff, LED fixtures are noted within the site, but there do not appear to be any lighting for the parking area for larger special events
Required Modification
The use of at least temporary lighting in the parking areas for special events is recommended.
Response
Pole lighting, to be used solely for special events, is shown along the fencing and pedestrian cross walk is shown on the Site Plan. Additionally, parking attendants will have flashlights and be on site to guide people to their parked vehicles and to guide vehicular movement in the parking area. The applicant retained land surveyor Medenbach & Eggers to design the parking and traffic flow. The Town Planning Board feel that this is sufficient lighting for the parking and traffic.
UCPB Required Modifications accepted and adopted July 9, 2018 by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion by Mr. Zurofsky
Second by Mr. Buchbinder
* * * *
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 Special Use–Conditional Approval to Blake Arrowood, Jake Meglio and Let Lee (aka Arrowood Farms), permitting the new use ‘Commercial Event Facility’ Use, for the lands situate at 236 Lower Whitfield Rd., known as S/B/L 68.4-4-23.110, and located in the ‘AR-3’ and ‘AP Overlay’ zoning districts. subject to the conditions expressed below:
The Commercial Event Facility use of the parcel is conditionally approved as a renewable Special Use for a period of eighteen (18) months* commencing on the date of issuance of a Certificate of Occupancy and/or Compliance by the Code Enforcement Office.
*Pursuant to Town of Rochester code §140-53, Renewal of Permits, written application shall be made by the holder of the permit prior to expiration. Such renewal shall be granted following public notice and hearing. Renewal may only be withheld upon a determination by the Planning Board upon close of public hearing that the conditions attached to any previous approval have not been met.
The Town of Rochester Planning Board grants Site Plan–Conditional Approval to Blake Arrowood, Jake Meglio and Let Lee (aka Arrowood Farms), permitting the new use ‘Commercial Event Facility’, for the lands situate at 236 Lower Whitfield Rd., known as S/B/L 68.4-4-23.110, and located in the ‘AR-3’ and ‘AP Overlay’ zoning districts, subject to the conditions expressed below.
Conditions of the Approval: Denial of Operations of Farm Harvest Celebrations in PB Decision 2016-01 SPA is declared null and void and is replaced with the following Special Use Approval, dated July 9th, 2018, approved with the following Conditions of 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. Conditions 1 – 5 & 7 – 10 of PB Decision 2016-01 SPA remain fully in effect. Condition 6 is replaced with the following Condition 22.
3. All Local, County, State, and Federal Laws or Codes shall be complied with for the current or future use of these lands.
4. Any deviation from or amending of the approved and signed Site Plan shall require resubmission to the Planning Board, except as may be permitted as determined by the Code Enforcement Officer.
5. Any and all other agencies’ permits or approvals which are currently required or any which may be determined in the future to be required in conjunction with the construction and/or operation of this use shall be secured or renewed as applicable. Should any conditions imposed by other agency permits cause conditions to be in conflict, the more restrictive condition shall prevail. The facility owner shall specifically secure and/or require vendors to secure Ulster County Health Dept. permit(s) and/or NYS Liquor License permit(s), as may be required per each event.
6. Should any permit approvals necessitate a change to the approved Site Plan, the matter shall be referred to the Planning Board for consideration.
7. The driveway shall be maintained to NYS Fire Code regulation and standards. Event facility access shall only be by the farm brewery principal driveway for any and all vehicles. This shall include patrons, staff, vendors, delivery vehicles, and any other vehicular traffic associated with the event facility use. Guest access shall be by personal vehicle, limousine, or vans only (vehicles carrying under 12 passengers). Large coach style busses shall be banned from use.
8. The use shall comply at all times with all provisions of Town of Rochester code § 140-35, Commercial Events Facility; and code §140-18, Overlay Districts or their successors.
9. The number of events shall be limited to a maximum of 12 events per calendar year, each day of activities open to patrons counting as a separate event. Should multiple events with different clients occur on the same day, each shall count as an individual event. The facility operator shall be required to notify the Code Enforcement Office of any event scheduled a minimum of 3 business days prior to the event by either e-mail or written letter.
10. The number of special event guests shall be specified for each special event and filed with the code enforcement officer. All Concert Special Events will be ticketed or booked to insure that the stated maximum number of guests is not exceeded. And, as stated below, personnel will be stationed on Lower Whitfield Road to “turn-away” vehicles once the maximum allowable parking is met.
11. Establishment of this Special Use Permit shall not preclude the parcel owners from hosting a private personal party or celebration for which no compensation is received nor from holding events allowable as defined by Agriculture & Markets Law. All events allowable as defined by Agricultural and Markets Law must be determined and approved in advance by the Code Enforcement Officer on a case by case basis in compliance with both Agricultural & Markets Law §301 & §305 and NYS Consolidated Law Alcoholic Beverage Control Law ABC §51 (a) Farm Brewery Licence criteria.
12. Event occupancy shall be limited to a maximum 1,000 people plus related vendors and/or staff.
13. All Special Events shall be limited to the existing fenced 30,000 square foot enclosed lawn area (with the addition of a 30’ x 60’ tented area for some events within the enclosed area) between the property’s existing brewery/brewery tasting room, barn, pavilion and stage OR within the existing structures of the pavilion and brewery tasting room.
14. Parking, Access and Traffic shall be in compliance with municipal code §140-17 at all times. Parking shall only be allowed in the spaces designated on the approved and signed Site Plan. Parking shall not be allowed within the public road right-of-way or within the brewery access driveway or designated Site Plan traffic aisles at any time. Parking shall not interfere with the movement of emergency vehicles, including but not limited to Fire, Police and Emergency Medical Transport.
15. Overflow parking of 28 existing spaces for the farm brewery normal operations and 80 spaces along the edge of the temporary field parking will be available.
16. On facility event days, the driveway and parking shall be staffed in sufficient manner to direct traffic to and from the driveway access with Lower Whitfield to the temporary field parking location so as not to cause traffic to stack on Lower Whitfield or the driveway access. Parking attendant(s) will turn away vehicles for parking once the parking places shown on the approved and signed Site Plan are full. The perimeter boundaries of the event facility driveway, temporary field parking and pedestrian walkway(s) shall be clearly designated by 3 foot rope guide and by the existing fence line of the lawn area which shall be visibly apparent to patrons as on the Site Plan. Pedestrian access to the events area will be via one marked gate from the parking area and a marked pedestrian walkway. A round-about and entrance/exit directional driveways shall be marked as on the Site Plan. Parking Attendants will be provided for all special events according to the following sliding scale:
Attendance Parking Staff
300 5
600 7
900 7
1000 9
17. The parking area shall be maintained in a mowed and cleared safe condition when being utilized for event facility parking.
18. On facility event days including a concert bonded/licenced security personnel shall be staffed per the following sliding scale:
Attendance Security
300 6
600 8
900 8
1000 10
For all concert special event days, security personnel shall be managed by the concert events coordinator/planner Impact Music Management. Any substitution events manager for Impact Music Management must be pre-approved by the Code Enforcement Officer. 10 additional voluntary security personnel shall be provided for concert special event days. An EMT shall be on site for concert special event days. Security personnel shall be positioned as detailed on the May 7th, 2018 Security Location Plan, or equivalent.
19. On facility event days not including a concert security personnel shall be provided on the following sliding schedule: under 200 guests, no security personnel shall be required, over 200 guests 2 bonded/licenced security personnel shall be required.
20. Event hours shall be limited to between 9:00 am and 11:00 pm. Setup and dismantling hours shall be limited to between 8:00 am and 12:00 midnight.
21. All temporary structures and equipment must be removed within four days after each event and shall remain in place a maximum of seven days altogether, except by Code Enforcement Officer Approval when the next event is scheduled within seven days of the preceding event.
22. On event days, existing parking spaces (compliant with Town municipal code §140-17 shall be made to meet accessible parking code standards and signage shall be posted indicating such parking restrictions. Accessible parking spaces shall be close to the farm brewery entrance, as detailed on the Site Plan.
23. The event facility/farm brewery driveway entrance apron onto Lower Whitfield Road shall be paved as required by the Town Highway Superintendent before any special events shall take place.
24. Lighting shall be installed as per the specifications indicated on the Site Plan and shall be compliant with §140-20(H) at all times.
25. Sound:
a. Sound including but not limited to, live music, recorded music, public address systems, or any other sound or noise producing elements shall comply with Town of Rochester zoning code §140-20 (F) at all times, excepting any sound which may be generated by the normal and customary agricultural use of the property.
b. Amplified sound shall be limited to the designated stage and special events area. Acoustic and recorded music shall be permissible both inside and outside the farm brewery, provided compliance with Town of Rochester zoning code §140-20 (F) occurs.
c. Sound monitoring equipment shall be purchased and sound shall be monitored and maintained at 90 dBA or less at the designated monitoring location (50 ft from the stage) as per sound study, for all facility special events with amplified music. Peripheral ambient sound levels shall be kept below 65 dBA at all special events. Mitigating measures shall be taken immediately at a special event if sound levels at the designated monitoring location are measured above 90 dBA.
d. For events which utilize live amplified sound the following additional mitigation measures shall be taken:
i. Subwoofers 60 HZ or below shall be banned from use to maintain appropriate sound levels
ii. Fire retardant acoustical drapery shall be hung from the stage behind the source of amplified live music
iii. Fabric clouds shall be hung under the ceiling of the music stage to help absorb and contain sound.
iv. Speakers dimensions shall be no larger than 7’ in height.
v. Noise limiters shall be used to set a maximum permissible output level for the sound system to insure that sound levels are kept at or below 90 dBA at the test location 50’ from the stage. Where control of the sound level is not directly under the control of the event management, via a purpose-built system, then the limiter will rely on a microphone picking up noise levels and if a preset level is exceeded, the power supply to the noise-generating source shall be cut off. This is usually done through a series of warning lights All noise limiters should be tamper-proof or located in secure areas.
e. Sound shall be measured using a calibrated sound level measurement system set on unweighted response and fast response. Sound measurements shall be captured electronically to ensure veracity. Such measurement may be measured by the Code Enforcement Officer or his designee, or by a qualified sound engineer.
f. Results of sound monitoring are to be filed after every special event including live music with the Code Enforcement Officer within 5 business days.
26. All existing permanent restroom facilities shall be closed for special events with guest attendance greater than 100. Portable bathrooms with separate water stations for hand washing (hand washing stations) will be rented for special events over 100 guests, scaled for the number of guests, with a minimum of one facility per 80 guests.
27. Sufficient potable water shall be provided for all special events by watering stations, water truck, and/or provided by catering service or food provider.
28. With the exception of foods permitted under Agriculture & Markets Law §301 and §305 and NYS Consolidated Law Alcoholic Beverage Control Law ABC §51 (a) Farm Brewery criteria, all special events foods will be brought in by a catering company or food provider hired by the special event client. Depending on the size of the event, a catering tent to aid with food & beverage service may be brought in and placed near the pavilion
29. All refuse shall be deposited and maintained in appropriate containers and removed from the facility upon the completion of each event.
30. All wastewater, graywater, and cooking grease shall be contained in holding containers and removed from the facility upon the completion of each event. There shall be no dumping allowed on the parcel.
31. Interior wayfaring, temporary closure and restricted area signage shall be provided for all special events—for example, but not exclusive, signage direction to portable toilets, EMT, lost kids/property, and temporary area closures such as indoor lavatories. Other areas shall have signage combined with physical barriers to post restricted areas (hops, gardens, barns, pond, stage) etc.
32. There shall be no changes in exterior signage allowed from existing site conditions, except that which may be determined by the Code Enforcement office to not require Planning Board review and approval. Should changes be sought at a future time, the code standards at the time of application shall be applicable.
The Town of Rochester Planning Board further grants the authority to the Chairman to certify condition 1 has been completed without further resolution and to sign and date the plat at such time.
EFFECT of APPROVAL:
5. This Special Use and Site Plan 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.
6. 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 July 9th, 2018, by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion made by Mr. Buchbinder
Seconded by Mr. Grace
There was no further discussion.
OTHER MATTERS:
Mr. DeWitt motioned to cancel the workshop meeting for July. Mr. Buchbinder seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
The Planning Board received an Open Development from the Town Board to comment on.
The Board had no comments and were in favor of the open development.
Mr. Buchbinder motioned to allow the Chair to write a response to the Town Board stating that the Planning Board had no opinions or recommendations and that they were in favor. Mr. DeWitt seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
Mr. Zurofsky motioned to adjourn the meeting at 10:18PM. Chair Lindstrom seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
Respectfully submitted,
Shaye Davis, Secretary
Adopted and accepted, August 13th, 2018