PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF June 11th, 2018Regular Meeting of the Town of Rochester PLANNING BOARD, held at the Town of Rochester Community Center, Accord, NY.
Chairperson Lindstromasked everyone to stand for the pledge to the Flag.
The Secretary did roll call attendance.
PRESENT: ABSENT:
Maren Lindstrom, Chairman Brian Buchbinder
Patrick Williams
Rick Jones
Alonzo Grace
Laurence DeWitt
Sam Zurofsky
Also present:
Shaye Davis, Secretary.Zorian Pinsky, Alternate. Mary Lou Christiana, Attorney for the Town.
ANNOUNCEMENTS AND COMMUNICATIONS
Chair Lindstrom asked the Board if they agreed to have Secretary Davis post the Workshop meeting time. The Board all agreed.
Secretary Davis updated the members of the Board on their training hours.
ACTION ON MINUTES
Mr. DeWitt motioned to accept the April 30th, 2018 and May 14th, 2018Planning Board Minutes. Mr. Jones seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
2017-02 SUP/SPA
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
Taavo Somer, owner, and Nadine Carney from Peak Engineering were present on behalf of the application.
Tim Moot from Clark Patterson Lee as the Town’s Designated Engineer was present as well.
Mr. Jones motioned to accept lead agency under SEQR. Mr. Williams seconded the motion.
Roll Call:
Chair Lindstrom: Yes Mr. DeWitt: Yes
Mr. Jones: Yes Mr. Grace: Yes
Mr. Williams: Yes Mr. Zurofsky: Yes
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
Chair Lindstrom gave a background of the application. She covered the setbacks, aquifer protection overlay, grading and drainage, the SWPP, endangered species, septic, wetlands and how the Department of Environmental Conservation asked for minor changes, noise, traffic, lighting, landscaping, signage, parking and how the existing roadway will be asphalt but everything else will be gravel, and the archeology and NYSHPO and where the application was with them. She also stated that the Board would go over SEQR at the workshop meeting at the end of the month.
There were no further comments from the Applicant or the Board.
Chair Lindstrom opened the meeting for public comment.
No one from the public spoke.
Chair Lindstrom motioned to close the public hearing. Mr. DeWitt seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
2018-03 SUP
Amended Site Plan & Special Use Permit – Special Events Facility
Arrowood Farm LLC applicant
Proposes commercial events facility with parking on a ±10 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 Action
Blake Arrowood and Jacob Meglio were present on behalf of the application.
Mr. Williams motioned to type the application as an unlisted action under SEQR. Mr. Zurofsky seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
Chair Lindstrom gave a background on the Town of Rochester Code on Commercial Events. She also gave background on the New York State Agriculture and Markets Law.
Chair Lindstrom read through the Ulster County Planning Board comments. The comments were concern about fire access and the Health Department. Chair Lindstrom stated that the fire access had already been reviewed and that the Health Department approval will be taken care of as well.
Chair Lindstrom opened the meeting for public comment. She read two letters into the record that were received prior to the meeting.
Annmarie Maloney stated that she lives off Lower Whitfield Road. She stated that she was concerned about the 300-600 car parking lot that would be next to her home. She was concerned about the noise from the 1,200-2,400 people that would be attending the concerts. She noted that she was extremely unhappy about all of it. She stated that she has a 21 year background in law enforcement and specialized in concert security. She stated that she retired up here and that the neighborhood is close and lookout for each other. She again noted that she was upset about a Walmart sized parking lot being put next to her home in a residential community. She stated that there is a gray area in between what is agricultural and what is not. She stated that when they found their neighbors were growing hops it was not an issue. Why not have a brewery next to you. She stated that she was never notified about the brewery. She went over some of the issues that were brought up at the original approval for the brewery. She stated that Arrowood was asked if there would ever be a charge to rent out Arrowood for parties, Arrowood’s response at the time was no, they would never rent out the brewery. She added that she had no idea when that changed, she was never notified. She went on to say that she voiced her concerns about a parking lot being put in the field next to her home, she stated that Blake Arrowood had told her that field was for alfalfa and would be no parking in that field, well now that is where the parking is proposed to be. She stated that the noise was discussed and that at the original meeting live music was to be kept indoors, she stated that Blake Arrowood had told her that all music would be harvest festival related for people who can help pick hops and have a beer and listen to music and wouldn’t be like Woodstock. She stated that 1,200-2,400 is totally different than 200-300 people. She stated that Mr. Medenbach was at the original meeting and it was said that there would only be allowed to have 24 people in the brewery and she does not know when that changed or if anyone complained, or a fine. She also stated that is was noted that there would be no amplified music, only acoustic. She wanted to know what happened in October when they had a Halloween Party and the DJ was playing music and it was extremely loud. She stated she went over to check it out and see what the deal with the music was. She noted that as she went over that night she stopped two party goers from going into the tree line and that they told her she was tripping on shrooms. She stated that she has no idea why all the changes are happening and why they are going against what they originally said. She added that she was concerned about her well because of the oil leaking from the cars on the field next to her house. She also stated that the dust from all the vehicles would make it so she could not have her windows open anymore. She brought up the concern about tailgating. She was also concerned about the traffic leaving the concert. She stated that last week there were a couple kids throwing rocks into the neighbor’s pond and she went to complain and the people behind the bar stated they could not do anything about the kids throwing the rocks. She stated that how they could handle 2,400 people when they cannot handle 5 kids throwing rocks into the pond.
Carol Peterkins stated that she was concerned about the traffic and the dangerous situations that may occur due to the increase of people.
John Coyne stated that he thought Arrowood was a great asset to the community but that he was concerned about traffic and parking.
Frank Bush stated that with how narrow Lower Whitfield is, he cannot see 300 cars leaving there safely.
Drew Frankel and Peter Himburger both stated that they were partners with Blake and Jake and have over 30 years together of experience with producing events in the Hudson Valley. They have experts that handle the traffic, sound and safety of all the events. They also stated that they completely understand all of the concerns.
James Dankus stated that he loved Arrowood Farms but that noise will be a concern of his. He stated he came here for the peace and quiet and he’s very cautious about disturbing that.
Maria Vinga stated that she in favor of allowing the concerts. She has lived in Accord her whole life and understands that farmers are in a rough position with figuring out ways to make the farms work and bring in money. She stated that this could bring more jobs to the community as well.
Amy Barley stated that it may take a little bit for the traffic to clear out after an event but it is the same with the racetrack. She stated that she was in favor of the change at Arrowood Farms.
Steve Greenstein stated that he has been a residence of the area for 37 years and the last 17 years on Lower Whitfield Road. He noted that a letter was put in his mailbox without being signed. He was wondering what the owners of Arrowood were gaining from this change. He wanted to know why they would want to make it into something bigger that could impact their business in a negative way.
Britton Baker stated that he supports Arrowood Farms. He stated that it has created jobs for the community and this will create more. The farms need to be able to grow. He stated that the community needs tourist jobs. He also stated that the letter that was sent out to neighbors was not nice.
Vince Samborn stated that he had been to Arrowood Farms plenty of times and that he did not see a problem with allowing commercial events and was in favor of them.
Lynn Archer stated that she would like a balance of people who give back to the community. She stated that Blake and Jake were great people and she’s happy to see them expand.
AleeciaGotea stated that in a marketing perspective that concerts would bring a lot of people who are not from around here to our area. She stated that she was in favor of Arrowood.
Maria Reidelbach stated that she works with agriculture with Kelder’s Farm. She stated that farmers always have to figure out new ways to bring in revenue. She noted that she was the one who helped with the mini golf and the giant gnome at Kelder’s.
Maureen Lowery stated that she was a member of Four Green Fields. She stated that their Community enjoys Arrowood Farms but that she was worried about the impact on traffic and noise.
Jesse Goldfry stated the he owns property next to Crested Hen. He added that he was a vegetable farmer and he sells his produce at his mother’s home next to Arrowood Farms. He stated that the as an aspiring farmer the increase amount of people the concerts would bring would help boost his sales of his produce.
Annmarie Maloney stated that she was not against Arrowood Farms but she’s upset that they are going against everything they have stated they would never do.
Mr. DeWitt thanked everyone in the public for how the handled themselves and spoke about their concerns.
Mr. Williams motioned to hold the public hearing open. Mr. DeWitt seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
2018-05 New Application
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
Gary and Donna Palmer were present on behalf of the application.
Chair Lindstrom gave a background on the application. She stated that nothing is physically changing; the only change is in the original decision from 1992.
Mr. DeWitt asked if the EAF was fixed.
Chair Lindstrom stated that yes, the EAF had been fixed.
Mr. Palmer gave a little bit of a background on the racetrack and what they do. He also explained that the reason they are in front of the Board was because they wanted to allow the sale of alcohol.
Mr. Jones asked if any alcohol was allowed at the racetrack now.
Mr. Palmer stated that no, no alcohol is permitted on the premises.
Mr. DeWitt asked about the noise.
Mr. Palmer stated that he does a noise study every year.
Chair Lindstrom stated that they Board is not reviewing the noise.
Mr. Grace stated that they just wanted to sell beer.
Mr. Jones asked if there would be extra security.
Mr. Palmer stated that yes, there would be extra security.
Chair Lindstrom asked if alcohol would only be allowed in the spectator section and not the pits.
Mr. Palmer agreed.
Mr. Jones motioned to type the application as an unlisted action under SEQRA. Mr. Williams seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
The Board reviewed Part 2 of SEQRA.
Mr. Williams motioned to declare a negative declaration under SEQRA. Mr. Grace seconded.
Roll Call:
Chair Lindstrom: Yes Mr. DeWitt: Yes
Mr. Jones: Yes Mr. Grace: Yes
Mr. Williams: Yes Mr. Zurofsky: Yes
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
Mr. Zurofsky motioned to schedule a public hearing for the July Regular Planning Board Meeting. Mr. Jones seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
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: TBD
Tim Rapp and Ryan Lockenvitz from Airosmith Development were present on behalf of the application.
Chair Lindstrom gave a background on the Cell Tower property and the current application.
Chair Lindstrom asked Mr. Rapp and Mr. Lockenvitz how long it would take to swap out the antennas and other equipment.
Mr. Rapp stated that it would only take 3 days to finish the upgrades.
Mr. Zurofsky motioned to type the application as an unlisted action under SEQRA. Mr. Williams seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
Mr. Jones motioned to declare a negative declaration under SEQRA. Mr. Williams seconded.
Roll Call:
Chair Lindstrom: Yes Mr. DeWitt: Yes
Mr. Jones: Yes Mr. Grace: Yes
Mr. Williams: Yes Mr. Zurofsky: Yes
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
Mr. Jones motioned to schedule a public hearing for the July Regular Planning Board Meeting. Mr. DeWitt seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
Mr. DeWitt and Mr. Jones recused themselves at 9:02PM. Mr. Pinsky, the alternate joined the Board at 9:03PM.
2017-05 SUP Review of Conditional Approval
Special Use Permit – Large-Scale Solar System
Town of Rochester (owner) and PV Engineers, PC (applicant)
Review of fulfillment of conditions for Site Plan and Special Use Conditional Approval of Large Scale Solar Production Facility on a ±67.16-acre parcel at 6140 Route 209, SBL 76.1-3-17, AR-3 and AP Overlay zoning districts, Adjacent to Ulster County Ag District #3, NWI Wetlands, and partial Prime Farmland on parcel
SEQRA: Type I Action, Neg. Declaration, July 6th, 2017
Emilie Flannigan and Martin Zanghi were present on behalf of the application.
Chair Lindstrom asked about the subdivision and where they were at.
Mr. Zanghi stated that they were working on some final tweaks with the Town Board.
The Board reviewed the updated documents from Borrego Solar Systems. There were no questions or concerns as everything the Board asked for was met.
Mr. Williams motioned to authorize Chair Lindstrom to write and sign a letter giving final approval to Borrego Solar Systems for the Route 209 project. Mr. Pinsky seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
Mr. Zanghi stated that they currently had testing being done at the Airport Road site and would be ready probably for the August Planning Board meeting.
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
Respectfully submitted,
Shaye Davis, Secretary
Adopted and accepted,July 9th, 2018