PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK

MINUTES OF June 18, 2014 the Town of Rochester PLANNING BOARD, held at the TOWN HALL, Accord, NY.

Chairman Baden asked that everyone stand to say the Pledge to the Flag.

MOMENT OF SILENCE

Chairman Baden asked that everyone remain standing after the pledge to the flag and have a moment of silence for Sgt. Shawn Farrell of Accord who was killed in Afghanistan.

The Secretary did roll call attendance.

PRESENT: ABSENT: Michael Baden, Chairman Shane Ricks

Adam Paddock Robert Rominger, Vice Chairman

Fred O’Donnell-7:06PM

John Dawson

Melvyn I. Tapper

Also present:

Rebecca Paddock Stange, Secretary, Mary Lou Christiana, Attorney for the Town

ANNOUNCEMENTS and COMMUNICATIONS

Chairman Baden noted that the Town Board sent the PB their minutes from their last Board Meeting. They have sent a referral for an Open Development that would be taken up later at this meeting. They had also made the Board aware of a person who approached the Board about a definition that was not in the Zoning Code for an Animal Sanctuary. The Town decided that since they were currently reviewing the zoning, instead of addressing the request they would address it in the zoning update. Also someone had approached them about a kennel in an R-5 District and they would address that question in the zoning update as well.

There is a letter that the Chairman wrote to Real Escapes Property reminding them that their SUP expires on August 8^,2014.

TRAININGS

Chairman Baden thanked all of the members who attended the UCPB meeting on June 9^th on technology. This was part of the reason why they were using the projector for maps and applications for the first time at this meeting.

He also received a letter today regarding the NYPF training in Kingston on Tuesday, July 29^th. It is a full day of training and is $80 per person.

ACTION ON MINUTES

Chairman Baden noted that the April 2014 Minutes have been corrected as discussed at the last meeting. Mr. Dawson motioned to approve the April 2014 Minutes, seconded by Mr. Paddock. No discussion.

Vote:

Baden: Yes Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ricks: Absent Dawson: Yes

Paddock: Yes

Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions

Mr. Dawson motioned to approve the Minutes of the May 12, 2014 Meeting. Seconded by Mr. Paddock. No discussion.

Vote:

Baden: Yes Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ricks: Absent Dawson: Yes

Paddock: Yes

Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions

PB 2014-02 SBD PUBLIC HEARING

Minor Subdivision

Lorin Conklin and Carol Kortright-Conklin

Proposes subdivision of land resulting in 2 lots

6227 NYS Route 209, S/B/L #76.1-1-31, ‘H’ and ‘AP Overlay’ zoning districts

Walter Eckert from Brinnier & Larios, PC was present on behalf of the application.

Chairman Baden noted that originally the application was prepared under the name of Brandon Conklin. Under the Board’s request, the application was resubmitted under the correct property owner’s names, Lorin & Carol Kortright Conklin. There was one issue where it was discovered that there was another parcel with the same tax map ID number. Brinnier & Larios came to the conclusion that it was an error on the County’s part. The other lot was located close to the applicant’s lot, but it was not connecting, was not contiguous, and was not described in the deed. It is listed as Lot #31 of the same Section and Block. He planned on letting the Assessor know about the error and let her pursue it through the County. The Town Attorney has confirmed that this would not hinder the application process at all.

Mr. Eckert noted that lot will be called #37 and he talked with Real Property and they are working on finding out who the actual owner is. Real property assured him that they would straighten it out.

Chairman Baden noted that this would not be a coordinated review under SEQRA.

Mr. Dawson motioned to type the action as Unlisted. Seconded by Mr. O’Donnell. No discussion.

Vote:

Baden: Yes Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ricks: Absent Dawson: Yes

Paddock: Yes

Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions

Mr. Dawson questioned if the easement would be written into the deed?

Chairman Baden noted that the easement would be another filed document and the language could be included in the decision. Because the access is being used even though the lot will have 50’, the frontage is not usable, so the easement will be filed with the map. The attorney for the Town found this appropriate.

At this time the Board reviewed Part 2 of the Short Form under SEQRA and all questions were answered ‘no’.

Mr. O’Donnell motioned for a Negative Declaration under SERQRA, seconded by Mr. Dawson. No discussion.

Vote:

Baden: Yes Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ricks: Absent Dawson: Yes

Paddock: Yes

Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions

Chairman Baden noted that he spoke with Mr. Zell from Brinnier & Larios a couple of weeks ago and he noted that both wells and septics will remain on their own parcels and won’t infringe on the other parcel.

Mr. Eckert confirmed this and showed on the map where they were located.

At 7:18PM Chairman Baden opened the Hearing to the public.

At 7:18PM Mr. Tapper motioned to close the Hearing as there was no public comment. Seconded by Mr. O’Donnell. No discussion.

Vote:

Baden: Yes Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ricks: Absent Dawson: Yes

Paddock: Yes

Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions

At this time the Board reviewed the Draft Findings as follows:

Findings of the Planning Board

The Planning Board has received zoning referral for a Minor Subdivision from the Code Enforcement Officer.
Application was submitted proposing subdivision of a 13.547 acre parcel of land into 2 lots.
The parcel to be subdivided is known as S/B/L 76.10-1-31.
The parcel has road frontage on U.S. Route 209, a public roadway under the authority of the NYS Dept. of Transportation.
The parcel is contiguous to Ulster County Agricultural District #3.
The current use of the parcel is residential with agricultural pastures and wooded land.
The proposed lots meet the bulk standards requirements for the ‘H’ zoning district.
‘AP Overlay’ zoning district review standards are not applicable as the property use is single-family residential.
The proposed lots will exceed the required minimum road frontage on a public roadway.
Proposed Lot 1 has existing improvements of a single-family dwelling, two barns, and access by way of a gravel driveway. Proposed Lot 2 has existing improvements of a single-family dwelling, two barns, and access by way of a gravel driveway. No new improvements are proposed.
Proposed Lot 1 will grant a 50’ wide easement to proposed Lot 2 for access use of the existing circular driveway.
The proposed lots have existing and will retain independent water and septic for each dwelling.
The proposed lots contain an existing 20’ wide easement granted to New York Telephone which will remain.
The application was referred to the Ulster County Planning Board as required under NYS GML §239-n. The referral was returned indicating the “application falls under the signed exception agreement and does not require review.”

Draft findings were prepared by the Chairman and were read, discussed, and amended by the Planning Board.

Motion to adopt findings by: Mr. Dawson

Second by: Mr. O’Donnell

Vote:

Baden: Yes Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ricks: Absent Dawson: Yes

Paddock: Yes

Adopted June 18, 2014 by the following vote:

Ayes: 5 Nays: 0 Absent: 2

At this time the Board reviewed the Draft Resolution as follows:

RESOLVED,

The Town of Rochester Planning Board grants Minor Subdivision-Conditional Final Approval to Lorin Conklin and Carol Kortright-Conklin permitting the subdivision of lands situate at 6227 US Route 209, known as S/B/L 76.10-1-31 and located in the ‘H’ and ‘AP Overlay’ zoning districts, into 2 lots. The subdivision preliminary plat, as drawn dated March 31, 2014 and amended June 18, 2014, is approved with the following conditions.

CONDITIONS of APPROVAL:

Applicant shall present a Final Plat for signature. The Preliminary Plat shall be amended as follows: The words “Final Plat” shall be identified in the title block.
Applicant shall present the agreement for the 50’ wide right-of-way granting access to Lot 2 over Lot 1 as indicated on the plat. Such agreement shall be reviewed and approved by the Attorney for the Town. The costs for the review shall be borne by the applicant. Upon transfer of Lot 2 that transfer shall include easement over the gravel drive from Lot 1 to Lot 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 plat.
All Local, County, State, and Federal Laws or Codes shall be complied with and all required Local, County, State, or Federal permits shall be secured for the current or future use of these lands.

The Town of Rochester Planning Board further grants Minor Subdivision-Final Approval permitting the subdivision of lands upon the satisfactory completion of conditions of approval 1, 2 and 3. The Planning Board grants the authority to the Chairman to certify the conditions have been completed without further resolution and to sign and date the plat at such time.

EFFECT of APPROVAL:

This Conditional Final Approval shall expire 180 days from this approval date unless conditions 1, 2 and 3 are satisfied by the applicant and the amended plat is presented and signed by the Chairman. This period may be extended for two additional 90 day periods upon application to and resolution by the T/ Rochester Planning Board.
The owner shall file in the office of the Ulster County Clerk such approved plat bearing the Chairman’s signature within 62 days from the date of signature or such approval shall be deemed to expire without further notice in accordance with NYS Town Law §276.
The owner shall have the responsibility to return three (3) Ulster County Clerk certified copies of the filed plat and any other related filings to the T/ Rochester Planning Board within 30 days of such filing.

Motion made by: Mr. O’Donnell

Second by: Mr. Dawson

Vote:

Baden: Yes Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ricks: Absent Dawson: Yes

Paddock: Yes

Adopted as amended June 18, 2014, by the following vote:

Ayes: 5 Nays: 0 Absent: 2

PB 2014-03 SBD New Application

Minor Subdivision

John Schoonmaker Jr. and Alice Schoonmaker

Proposes subdivision of land resulting in 2 lots

Towpath Rd., S/B/L #77.1-3-2.11, ‘AR-3’ and ‘AP Overlay’ zoning districts

John Schoonmaker, Jr and Alice Schoonmaker were present on behalf of the application. Mrs. Schoonmaker signed the authorization to be listed as a co-applicant.

Chairman Baden noted that the applicants were proposing to subdivide 3.14 acres out of a +/-300 acre piece of property. Because the Schoonmaker home is on the National Register of Historic Places, this was a Type I action under SEQRA and was referred to OPRHP and we have not heard back from them, but we can move forward because the 30 day timeframe to respond has passed. This application was also referred to the UCPB because it is located in a County Ag District and has some property in the Flood Plain (not near the subdivision area). This was returned with a response that the application meets the Exception Agreement and therefore didn’t need to be reviewed by the County.

At this time the Board reviewed Part 2 of the Full EAF.

#5 “The proposed action may result in development on lands subject to flooding. b. The proposed action may result in development within a 100 year floodplain.” This question was checked as ‘Yes’, with the example ‘b.’ marked as, ‘no, or small impact may occur.’

#10 “The proposed action may occur in or adjacent to a historic or archaeological resource.” Was checked as ‘Yes’. And the example ‘a.’, “The proposed action may occur wholly or partially within, or substantially contiguous

to, any buildings, archaeological site or district which is listed on or has been nominated by the NYS Board of Historic Preservation for inclusion on the State or National Register of Historic Places.” Was checked as, ‘no, or small impact may occur.’

Based on the answers to Part 2, the Board determined that no adverse environmental impacts would occur and Mr. O’Donnell motioned for a Negative Declaration. Seconded by Mr. Dawson. No discussion.

Vote:

Baden: Yes Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ricks: Absent Dawson: Yes

Paddock: Yes

Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions

Chairman Baden noted that the Negative Declaration would be published in the ENB as it was a Type 1 Action.

At 7:41PM Chairman Baden opened the Hearing to the public.

As there was no public comment, at 7:41PM Mr. O’Donnell motioned to close the Public Hearing, seconded by Mr. Dawson. No discussion.

Vote:

Baden: Yes Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ricks: Absent Dawson: Yes

Paddock: Yes

Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions

At this time the Board reviewed the Draft Findings as follows:

Findings of the Planning Board

The Planning Board has received zoning referral for a Minor Subdivision from the Code Enforcement Officer.
Application was submitted proposing subdivision of a 303.1 acre parcel of land into 2 lots. 3.16 acres is proposed to be subdivided into a new lot.
The parcel to be subdivided is known as S/B/L 77.1-3-2.110.
The parcel has road frontage on Towpath Road, Garden Lane, and Lawrence Hill Road.
The parcel is located in Ulster County Agricultural District #3.
The parcel is located in the ‘FD Overlay’ zoning district. It contains land within the 100 year floodplain as mapped by FEMA on panel 36111C0590E, dated 9/25/2009
The parcel contains a structure listed on the National Register, the Joachim Schoonmaker Farm.
The current use of the parcel is residential and agricultural with multiple single-family dwellings, barns, greenhouses, open pasture, and wooded land.
The current use of the proposed parcel is residential with pastures and wooded land.
The proposed lots meet the bulk standards requirements for the ‘AR-3’ zoning district.
‘AP Overlay’ zoning district review standards are not applicable as the property use is single-family residential.
Proposed Lot 1 has existing improvements of a single-family dwelling, garage, shed, and access by way of an asphalt driveway. No new improvements are proposed.
Proposed Lot 1will exceed the required minimum road frontage. It will be located on Towpath Road, a public roadway under the authority of the Town of Rochester.
Proposed Lot 1 will have frontage on the Sanders Kill, identified as a Class AA(T) waterway pursuant to NYS Environmental Conservation Law §855.3 and §855.4.
Proposed Lot 1 has existing and will retain independent septic.
Proposed Lot 1 shares an existing water source from the remaining lands. A shared water agreement is proposed to be granted.
A right-of-way located on proposed Lot 1 will remain over the asphalt driveway granted by Schoonmaker to Milliken, dated 9/18/1974.
The application was referred to the NYS Office of Parks, Recreation, and Historic Preservation for comment due to the National Register structure. No reply was received.
The application was referred to the Ulster County Planning Board as required under NYS GML §239-n. The referral was returned indicating the “application falls under the signed exception agreement and does not require review.”

Draft findings were prepared by the Chairman and were read and discussed by the Planning Board.

Motion to adopt findings by: Mr. Paddock

Second by: Mr. Dawson

Vote:

Baden: Yes Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ricks: Absent Dawson: Yes

Paddock: Yes

Adopted June 18, 2014 by the following vote:

Ayes: 5 Nays: 0 Absent: 2

At this time the Board reviewed the Draft Resolution as follows:

RESOLVED,

The Town of Rochester Planning Board grants Minor Subdivision-Conditional Final Approval to John L. Jr. (Jack) and Alice Schoonmaker permitting the subdivision of lands situate at Towpath Road, known as S/B/L 77.1-3-2.110 and located in the ‘AR-3’, ‘FD Overlay’, and ‘AP Overlay’ zoning districts, into 2 lots. The subdivision preliminary plat, as drawn dated February 27, 2014, is approved with the following conditions.

CONDITIONS of APPROVAL:

Applicant shall present a Final Plat for signature. The Preliminary Plat shall be amended as follows:
1. The words “Final Plat” shall be identified in the title block.
2. These plat statements shall be added
  1. “This property may border a farm, as defined in Chapter 75 of the Town of Rochester Code. Residents should be aware that farmers have the right to undertake farm practices which may generate dust, odor, smoke, noise and vibrations and which may involve insecticides, herbicides, pesticides, etc.”
  2. “This property contains land within the 100-year floodplain as depicted by FEMA on plate 36111C0590E effective as of 9/25/2009. Any construction or disturbance within the FEMA designated 100-year floodplain shall adhere to the Code of the Town of Rochester Chapter 81, Flood Damage Prevention, or its successors.”

“This property contains a New York State regulated stream. For as long as any portion of the property described in this deed is subject to regulation under Article 15 (Protection of Waters) of the Environmental Conservation Law (ECL) of the State of New York, there shall be no regulated activity as defined by Article 15 of the ECL on this property within the bed or banks of this stream at any time without having first secured the necessary permission and permit required pursuant to the above noted Article 15 from the NYS Department of Environmental Conservation (DEC). This restriction shall bind the Grantees, their successors and assigns and shall be expressly set forth in all subsequent deeds to this property.”

“Pursuant to the Code of the Town of Rochester §140-12(E), each lot fronting on a named stream depicted on United States Geological Survey maps shall include a setback of 100 feet in depth from the high water mark of such stream. No principal structure shall be located within such setback, except by Planning Board authorization provided other mitigating measures such as deed covenants limiting clearing near the stream are employed to protect stream quality.”

Applicant shall present the agreement for the shared water source as indicated on the plat. Such agreement shall be reviewed and approved by the Attorney for the Town. The costs for the review shall be borne by the applicant. The agreement shall be referenced on the Final Plat and shall be recorded upon transfer of Lot 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 Final Plat.
All Local, County, State, and Federal Laws or Codes shall be complied with and all required Local, County, State, or Federal permits shall be secured for the current or future use of these lands.

EFFECT of APPROVAL:

This Conditional Final Approval shall expire 180 days from this approval date unless conditions 1, 2 and 3 are satisfied by the applicant and the Final Plat is presented and signed by the Chairman. This period may be extended for two additional 90 day periods upon application to and resolution by the T/ Rochester Planning Board.
The owner shall file in the office of the Ulster County Clerk such approved plat bearing the Chairman’s signature within 62 days from the date of signature or such approval shall be deemed to expire without further notice in accordance with NYS Town Law §276.
The owner shall have the responsibility to return three (3) Ulster County Clerk certified copies of the filed plat and any other related filings to the T/ Rochester Planning Board within 30 days of such filing.

Motion made by: Mr. O’Donnell

Second by: Mr. Dawson

Vote:

Baden: Yes Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ricks: Absent Dawson: Yes

Paddock: Yes

Adopted as amended June 18, 2014, by the following vote:

Ayes: 5 Nays: 0 Absent: 2

Mr. Schoonmaker thanked the Board for the professional way in which they handled the application and review.

PB 2014-01 SBD Amend Preliminary Approval Decision

Major Subdivision

Mount Laurel Estates Phase II and III, c/o Dawson Homes

Proposes subdivision of land for Phase II and III resulting in 15 lots of a 22 lot subdivision

Dawson Lane (private road off Samsonville Rd.), S/B/L #60.1-2-2.15 and #60.1-2-3, ‘R-2’ zoning district

Mr. Dawson recused himself from the Board as this was his application.

Chairman Baden noted that an amendment needed to be made on Mr. Dawson’s “Requirements to be Completed Prior to Final Approval Submission”, #2b as follows:

“Ulster County Health Department approval shall be secured for water and septic for each approved lot the subdivision plat prior to the issuance of Final Approval. All conditions of UCHD approval shall be made a part of this approval. One (1) copy of certified approvals shall be filed with the Planning Board. [amended June 18, 2014]”

Mr. Tapper motioned to approve the amendment, seconded by Mr. Paddock. No discussion.

Vote:

Baden: Yes Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ricks: Absent

Paddock: Yes

Motion carried. 4 ayes, 0 nays, 2 absent, 0 abstentions

PB 2014-03 SPA Decision

Site Plan

New Cingular Wireless PCS (AT&T), applicant, American Tower Corp. and Zeno Wicks, owner Proposes expansion of a telecommunications facility, proposes to add three (3) antennas at the existing height of 120′, one (1) microwave dish at a height of 116′, six (6) remote radio units (RRUs),one (1) surge suppression system, two (2) power cables and one (1) fiber cable on the tower at the same height as the existing equipment and one (1) GPS within the leased area at the existing compound. Further, three (3) guy wires have been added to the tower for structural purposes. 82 City Hall Rd., S/B/L #68.3-2-47.110, ‘R-2’ zoning district

Chairman Baden noted that the public hearing for this application was closed at the May meeting and the Board now needs to do SEQRA and if they feel ready, to go over a decision.

Channel Madigan and Adam Walters from Phillips Lyttle Law Firm were present on behalf of the application.

Chairman Baden noted that the applicants have submitted a cumulative emissions report as per the Board’s request and it satisfies the FCC guidelines and is 1.8% of the allowed maximum of all antennas on the tower. The applicants have satisfied that request with the submittal of this document.

At this time the Board reviewed Part 2 of the Short EAF.

All questions were answered as ‘no’.

Chairman Baden read Draft Part 3 as follows:

After reviewing Part 2 and Part 3 of the Short EAF Mr. O’Donnell motioned for a Negative Declaration under SEQRA. Seconded by Mr. Dawson. No discussion.

Vote:

Baden: Yes Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ricks: Absent Dawson: Yes

Paddock: Yes

Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions

At this time the Board reviewed the Draft Findings as prepared by Chairman Baden as follows:

Findings of the Planning Board

The Planning Board has received zoning referral for Site Plan review from the Code Enforcement

Officer and Site Plan application, EAF, letter of authorization, site plan, structural reports, and

other related documentation has been received from the applicant.

The parcel is located in the ‘R-2’ zoning district pursuant to the Town of Rochester zoning code.
The parcel to be developed is known as S/B/L #68.3-2-47.110.
The parcel is +/- 23.8 acres.
The parcel has road frontage at 82 City Hall Rd., a mapped town public road.
The parcel current use is residential with a portion leased for the operation of a 120 foot monopole

telecommunications tower hosting three providers of wireless service and a 2500 sq. ft. fenced,

enclosed area housing the related accessory communications cabinets.

This telecommunications facility construction was granted approval via the courts as it was the

subject of an Article 78 legal proceeding. Hon. Vincent Bradley signed agreement to the consent

judgment between the Town of Rochester and Alexandra Cellular Corp.

The parcel is owned by Zeno C. Wicks.
Zeno Wicks has a lease agreement with the tower owner allowing use of the property for the

operation of a 120 foot monopole telecommunications tower. The lease authorizes the tenant to

sublet without further authorization from the property owner.

This application was previously submitted as PB 2013-10 SPA in November 2013 and

subsequently withdrawn. Global Towers Partners was the facility owner of record at that point in

time.

American Tower Corporation is the current facility owner. American Tower Corp. acquired

Global Tower Partners in 2013 and is the facility owner. American Tower Corporation has granted

written authorization to New Cingular Wireless to pursue the Site Plan approval.

The surrounding land use is predominately rural residential with a moderate density.
The parcel is heavily wooded.
An access drive exists with an easement granted to the facility owner for the use of such drive.
There are existing three (3) carriers of wireless antennas located on the monopole. AT&T is

located at elevation of 116’ and 120’, T-Mobile at 107’, and Sprint at 100’. A microwave dish is

located at a height of 85’ operated by Sprint.

The application proposes to collocate three (3) antennas at the height of 120′, one (1) microwave

dish at a height of 116′, six (6) remote radio units (RRUs), one (1) surge suppression system, two

(2) power cables and one (1) fiber cable on the tower at the same height as the existing equipment

and one (1) GPS within the leased area at the existing compound. The application further proposes

to add three guy wires to the existing tower for structural support.

New Cingular Wireless submitted written request to waive the requirements of Town of Rochester

Code §140-46 Sections A, D, E, F, G, H, I, J, K, L, N, O, & Q due to not being applicable to the

application. The Planning Board reviewed and granted such waivers by resolution on April 14,

2014.

Three guy wires are proposed to be added to the tower to supplement the structural capacity. Work

to complete the installation of the three guy wires was performed already without obtaining proper

permits by the previous owner Global Tower Partners. Town of Rochester Code Enforcement sent

a letter to Global Tower Partners indicating the guy wires were installed in violation of the

requirement to obtain a building permit. The applicant acknowledges this fact and asserts the work

was completed by or on behalf of Global Tower Partners without their knowledge. New Cingular

Wireless PCS, LLC has included the installation of three guy wires in Site Plan application.

The applicant has submitted a structural report of the existing tower prepared by John Bozzetto,

PE reporting “Fails (166% Capacity)” indicating the subject tower and foundation may not be

adequate to support the stated loads.

The applicant has submitted a structural report of the existing tower prepared by John Bozzetto,

PE reporting “Passes with completed modifications (96.7% Capacity)” indicating the subject

tower and foundation are adequate to support the stated loads with the addition of the three guy

wires.

The applicant has submitted a Monopole Post Modification Report prepared for Global Tower

Services, LLC by Ryan Hubert, Field Service Manager, Structural Components, LLC

The applicant has submitted an RF Emissions Compliance Report prepared by David C. Cotton,

Jr., an employee of SiteSafe, Inc., indicating the predicted Maximum Power Density at two meters

above ground level will be no more than 1.838% of the maximum as per FCC OET-65 standards.

Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 provides that “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.

The application was determined to not meet the criteria to be reviewed as an “eligible facilities

request” pursuant to federal legislation (“Section 6409”). The Planning Board has determined the

addition of the guy wires will substantially change the physical dimensions of the tower due to

exceeding the FCC specifications for such designation. This fact is acknowledged by the

applicant.

Public hearing comments from neighboring property owners indicated issues with disturbances

from facility employees and subcontractors attempting to locate and access the facility. Applicant

has agreed to install a small sign indicating the address of the facility at the access entrance on

City Hall Road to aid in making the facility more readily located.

Public hearing comments from neighboring property owners indicated issues with traffic routes

taken by employees and subcontractors vehicles. Specifically at issue were trucks utilizing

Samsonville Road to City Hall Road with reported property damage occurring to fencing on a

property located at that intersection. Applicant has acknowledged the issue and will provide better

directions to employees and subcontractors.

The application has met the criteria to be exempted from referral to the Ulster County Planning

Board under the signed exception agreement.

Draft findings were prepared by the Chairman and were read and discussed by the Planning Board.

Motion to adopt findings made by: Mr. O’Donnell

Second made by: Mr. Dawson

Vote:

Baden: Yes Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ricks: Absent Dawson: Yes

Paddock: Yes

Adopted June 18, 2014

Ayes: 5 Nays: 0 Absent: 2

Mr. Walters noted that they were in agreement with the following conditions, but they would suggest that

#11 may leave them open to being forced to come back for Planning Board review should the CEO determine that the guy wires need to be taken out or relocated in anyway.

The attorney for the Town noted that those exceptions are covered in the document. They’ll go through them and then discuss them at the end.

At this time the Board reviewed the Draft Conditions as prepared by Chairman Baden as follows:

RESOLVED,

The Town of Rochester Planning Board grants Site Plan – Conditional Final Approval to

New Cingular Wireless PCS, LLC (AT&T) permitting the applicant to modify an existing 120’

monopole communications tower with the collocation of three (3) antennas at the height of 120′,

one (1) microwave dish at a height of 116′, six (6) remote radio units (RRUs), one (1) surge

suppression system, two (2) power cables and one (1) fiber cable on the tower at the same height

as the existing equipment, three (3) guy wires to strengthen the structural capacity of the tower,

and one (1) GPS within the leased area at the existing compound for the lands situate at 82 City

Hall Rd, known as S/B/L #68.3-2-47.110, and located in the ‘R-2’ zoning district. The Site Plan is

approved with the following conditions.

The Town of Rochester Planning Board further grants the authority to the Chairman upon

his certification of the completion of conditions #1 and #2 to sign and date the Site Plan

signifying Final Approval.

Conditions of Approval:

Any and all fees due to the Town of Rochester involving this application review shall be paid

in full prior to the Chairman’s signature on the plat.

Due to the remote location of the telecommunications tower, the applicant and tower owner

shall direct all employees and subcontractors to utilize the routes attached to this decision to

access the project site and include such directions on the printed Site Plan. Employees and

subcontractors shall be specifically instructed not to utilize Samsonville Road to access City

Hall Road for any vehicle larger than a passenger vehicle. Employees and subcontractors shall

be further directed to utilize the smallest vehicles as are feasibly possible for deliveries of

equipment, building materials, and supplies due to the rural nature of the local roads.

A Town of Rochester building permit and an approved certificate of compliance with such

permit shall be secured for the addition of proposed structural guy wires. Guy wires anchors

proposed to be located outside the existing fenced compound shall be adequately fenced in

similar style, material, and color and bear similar signage as the tower compound to prevent

unauthorized access. Any and all costs for inspection and/or proof of compliance shall be

borne by the applicant. Should Code Enforcement deny such building permit or fail to

issue a Certificate of Compliance, this Planning Board Final Approval shall be null and

void.

A Town of Rochester building permit shall be secured for the collocation of additional

antenna construction. Work shall not commence until such time as a certificate of compliance

is secured for the guy wires and the Planning Board is provided a post-modification

Monopole Structural Report by a licensed engineer, demonstrating that the tower is

structurally sound for the addition of the collocations.

The facility shall maintain radio frequency emissions demonstrating compliance with the

Federal Communication Commission’s OET-65 standards concerning such emissions.

The antenna array shall be finished in the same color scheme and manner as existing

antennas.

With the exception of proposed guy wire anchors which may be independently fenced, all

telecommunications equipment involved with this application shall be permanently located

within the existing secure fenced area.

An identification sign no greater than four (4) square feet in dimension shall be installed and

maintained at the facility access intersection with town road City Hall Road. This sign shall

indicate the address of the facility and shall be easily identifiable and visible from City Hall

Road in both directions of travel. Coordination shall occur with the Town of Rochester

Highway Supt. as to specific sign placement so as to provide safe line-of-sight viewing.

There shall be no overnight parking of vehicles or storage of other equipment or materials on

the site other than as may be necessary for short duration during the construction phase.

All applicable Local, County, State, and Federal laws or codes which may be determined

required in conjunction with the operation of this use shall be secured or renewed as

applicable. Should any conditions imposed by such permits or codes cause conditions to be in

conflict, the most restrictive condition shall prevail. Should permit approvals necessitate a

change to the approved Site Plan, the matter shall be referred to the Planning Board for

consideration.

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.

Effect of Approval:

This Site Plan approval and associated conditions shall be binding upon the applicant and all

successive owners of the land so long as such use shall occur.

This approval shall remain effective as an authorization to secure the required permits and establish

the use 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. Absent such an extension the Site Plan shall be deemed to have

expired.

DISCUSSION:

Chairman Baden noted that this is standard language on Site Plan Approvals. It is stated in the Findings and Conditions that the guy wires need to be approved and signed off on from the CEO as he sees fit.

Motion made by: Mr. O’Donnell

Second made by: Mr. Dawson

Vote:

Baden: Yes Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ricks: Absent Dawson: Yes

Paddock: Yes

Adopted June 18, 2014, by the following vote:

Ayes: 5 Nays: 0 Absent: 2

PB 2014-03 LLI New applications

Lot Improvement

Primax Properties, LLC (applicant) as agent for David and Claudia Waruch and Eric Gilles (owners)

Proposes conveyance of +/- .138 acres of land involving 2 contiguous lots.

Route 209, S/B/L #76.9-2-39 and #76.9-2-40 (also includes lands known as S/B/L #76.13-3-21 in the Town of Wawarsing) ‘H’, ‘AP Overlay’ and ‘FD Overlay’ zoning districts

SPECIAL USE

Primax Properties, LLC (applicant) as agent for Eric Gilles (owner)

Proposes development for the construction of a 9,224 square foot Dollar General retail store and associated parking/loading areas Route 209 and 6 Webster Ave., S/B/L #76.9-2-40 (also includes lands known as S/B/L #76.13-3-21 in the Town of Wawarsing), ‘H’, ‘AP Overlay’ and ‘FD Overlay’ zoning districts

Zachary Peters from Mecurio, Norton, and Torrolli were present on behalf of the application.

Chairman Baden noted that the Board would be ruling on both of these applications at some point, but they should be reviewed together as the lot line may change based on the Special Use Permit Application.

Mr. Peters noted that his client has done several Dollar Generals around the area. He noted that he had approached the Town of Wawarsing Planning Board (TOWPB) prior to applying to the Town of Rochester because a majority of the Eric Gilles Parcel that is the proposed site for the project is in the Town of Wawarsing. The TOWPB had substantial changes that they wanted, and now they have finally prepared a sketch plan that they liked. They have agreed to 38 parking spaces. They went back and forth on this as by Code they were supposed to have 53, but Dollar General presented their data of using 30 spaces and they both came to the consensus of 38 – 10’ x 20’ parking spaces. The purpose of the Lot Line Improvement is to install joint access to both the Gilles and Waruch lots. The DOT did a preliminary review of the entrance location and found it acceptable. Now that they have that, they can add more detail to the plan.

Chairman Baden noted that this project had a Public Hearing with the TOWZBA. He spoke at the meeting and asked that the ZBA request a County Gateway Meeting between the TOWPB/ZBAs and TORPB/ZBAs. That meeting was held last week. Chairman Baden, Mary Lou Christiana (Attorney for the Town) and Chairperson Haugen De Puy from the TORZBA were present along with several others from the NYS DOT, Town of Wawarsing and County PB representatives. They did a quick overview of the project and one of the things that was a concern was the considerable drop off that will be created by the necessity to build a retaining wall. It will start at 0’ and as it goes towards the back it will end up being 11’ to 12’ high. There was a suggestion that the wall be terraced to break up the scale of it. He noted that you could see by the contour lines how steep of a slope it is where it needs to be brought up. They also discussed moving the building forward to keep more in harmony with the Kerhonkson Hamlet. They also discussed putting sidewalks in as again, it is a hamlet and would encourage people to be able to walk. Regarding the concerns to the parking itself, the TOR Code allows adjustments to the numbers with written requests.

Mrs. Christiana didn’t believe that the Town of Wawarsing granted any such waiver yet.

Chairman Baden noted that his own personal concern was the loading area and having tractor trailers pulling in from Route 209 and backing up into the public parking area. The trucks and customer access would be shared. He sees this as a potential problem, possibly backing up traffic along Route 209.

Mr. Peters noted that this was a typical design. The front aisle was 36’ wide and there was a 30’ wide aisle for unloading.

Chairman Baden noted that he was still concerned with the truck traffic being shared with the public access.

Mr. O’Donnell noted that he didn’t know who in the Town of Wawarsing suggested keeping the building more to the front of Route 209 to keep in character with the hamlet? Most buildings had the parking in front.

Mrs. Christiana noted that it was the County Planning Board that recommended that, not the Town of Wawarsing.

Mr. O’Donnell questioned what the Town of Rochester’s role in the review would be since only part of the parking lot and entrance were in the Town of Rochester and the rest of the project was in the Town of Wawarsing?

Chairman Baden noted that Mrs. Christiana was looking into seeing what the Town of Rochester’s boundaries of review were.

Mrs. Christiana noted that because the Town of Rochester is neighboring to this project at the very least they would get to submit comments regarding the application. She noted that it may be beneficial at a later point in review to hold a joint meeting with the Town of Wawarsing.

Mr. Peters was supportive of a joint meeting.

Chairman Baden noted that Wawarsing had very specific site distance regulations and that is part of the reason why they are not allowing an entrance onto Webster Avenue. He also showed where the flood plain is on the property.

Mr. O’Donnell noted that he has never seen that piece of property flood.

Chairman Baden didn’t doubt that Mr. O’Donnell was correct, but this is where FEMA has mapped the flood plains, and that is what they have to go by. He also noted that the applicant would need to submit a grading plan because of the amount of cut and fill that is proposed to level out the lot.

Mr. Peters noted that it is being developed along with the Storm Water.

Chairman Baden noticed that they have not proposed any signage details. They couldn’t act on the application without seeing the proposed signage. The Code was very specific on what was allowed. There is a chart in the Zoning Ordinance.

Mr. Peters noted that they would show proposed signage if it was required.

Chairman Baden questioned if they had architectural plans yet to show what façade was going to be proposed?

Mrs. Christiana noted that they should wait to see what the applicant submits next before approaching the Town of Wawarsing PB regarding holding a joint meeting.

Chairman Baden noted that he was still very concerned with the loading area.

Mr. Tapper questioned if that was something that the TORPB would look at? The flow of traffic into the parking lot.

Mrs. Christiana answered, absolutely.

Chairman Baden stated yes as well. He could see the truck traffic design potentially causing a backup of traffic on Route 209.

Mr. Paddock questioned how the busses accessed and exited the Kerhonkson Elementary School that was near this project off of Webster Avenue.

Mr. O’Donnell noted that they accessed the school via Webster Avenue and exited via Academy Street.

Mr. Peters noted that in terms of the truck traffic—they would look into it further. The idea of the plan they submitted is to avoid causing any problems to Route 209.

Chairman Baden questioned if they could acquire more land of the neighboring parcel that they are doing the lot line adjustment with?

Mrs. Christiana thought that parcel was for sale?

Chairman Baden noted that Dollar General was acquiring just enough property for their parking plan.

Mr. Peters noted that it took so long to come to an acceptable acreage shift between the Waruch’s and Gilles that he didn’t think it was feasible to change what is being proposed as far as the lot line.

Chairman Baden did note that this plan that was presented was much more acceptable than the previous plan submitted by the applicant. There is a lot going on with this sized lot. He just wanted the applicant to keep mindful of the traffic patterns.

Mr. Dawson agreed.

Mr. O’Donnell noted that as far as fire access went that this was a pretty good layout considering the amount of space they had.

Mr. Dawson didn’t see an alternative to the layout.

Mr. O’Donnell thought that over all this was a much better looking plan than they had seen before.

Mr. Paddock questioned if fencing could be put up on the retaining wall since it was so high and near an elementary school.

Chairman Baden agreed and noted that this was considered given the proximity to the school.

Chairman Baden also noted that regarding the lot coverage being over the allowable percentage, he still thought the plan was too premature to send to the ZBA and perhaps the applicant can reduce the coverage by some means.

Mr. Peters noted that this was something that they would be looking into.

Chairman Baden noted that the TOR Code did allow for the PB to grant variances to certain aspects of the Code when certain thresholds are met. Once the applicant had a more solid plan they could consider that avenue as well. He also noted that now that the Lot Line Improvement is being proposed, the Town of Rochester no longer has the problem with lot width.

Mr. Peters commented that it is their goal to avoid going to the ZBA, so they would be working on alternatives to submit.

PB 2014-2014-04 LLI New Application

Lot Improvement

SunSpirit Properties, LLC and Dwight Trimm

Proposes conveyance of +/- 1 acre of land involving 2 contiguous lots. One lot is located in and one lot is located contiguous to Ulster County Agricultural District #3. 181 Cherrytown Road and 189 Cherrytown Road, S/B/L #67-2-44 (also includes lands known as S/B/L #75.2-1-6 in the Town of Wawarsing), ‘AR-3’ zoning district

Bill Eggers, Land Surveyor was present on behalf of the application.

Chairman Baden noted that he is a bounding owner to this property, but he has no concerns in that respect.

Chairman Baden noted that this was the old Tessler property and this application was approved back in February. The larger lot owned by Sunspirit properties does go into the Town of Wawarsing, but that is not near the change to the lot line. The acreage of both TOW and TOR Sunspirit Properties parcel is +/-265 acres. He noted that this lot line exchange is so that Trimm will get 9 acres to meet his density. He has 4 existing structures on the property and would need 12 acres because it is in a 3 acre Zoning District. The Code Enforcement Officer said that buildings 4 & 2 are condemned. The Board is going to require a note on the map to say those buildings are uninhabitable, so the 9 acres will be okay for the dwelling units left on the property. Building 1 has 1 kitchen and 3 dormitories. It is considered a 1 family dwelling because it only has the 1 kitchen.

Mr. O’Donnell was concerned with saying buildings 2 & 4 are uninhabitable. He didn’t want to see them find a back door to the law and repair them and now they have created a situation where they did not meet their zoning density.

Chairman Baden noted that he’d have to get building permits to try and rehabilitate any structures on the property and he’d be denied because he wouldn’t meet the zoning density required in that district.

Mrs. Christiana would work on sending the proper legal language to Mr. Eggers to add to the map.

Mr. O’Donnell was still not convinced that a note on a map would protect these dwellings from being repaired and used.

Mrs. Christiana noted that they’d also have to meet the density.

Chairman Baden noted that if they tried to repair the buildings as dwellings they would be denied and need to go to the ZBA for a variance. He continued to note that this did not require a public hearing and there was no SEQRA Action to take place as it was considered a Type 2 under Town Law. The Board can certify the application with whatever language the Town Attorney comes up with.

Mrs. Christiana noted that she would bring the language back next month.

Mr. Eggers noted that this was the whole reason that this application has come back. He didn’t realize that building 3 had two dwellings in it. Mr. Trimm wants to sell the property, and he can’t because he doesn’t meet the density for what he has.

Chairman Baden noted that this was something that everyone missed the last time the application was before the Board. Without the proper language they wouldn’t be able to act on this application at this meeting. They would need to wait another month.

Open Development Referral from Town Board

B & P Homes (owner) and Clifford Bush, Jr. (applicant)

Private road Pine Grove Rd. off Schwabie Tpke., S/B/L #67.2-1-55, ‘R-5’ zoning district

Clifford Bush was present on behalf of his application.

Chairman Baden questioned if B & P Homes was the current owner of the property.

Mr. Bush noted that he has the deed to the property. He bought the property in May.

Mrs. Christiana noted that the transfer probably hasn’t been updated on the County System yet.

Mr. Bush explained that this was off of Pine Grove Road. It used to be called Chipmunk Hollow.

Chairman Baden noted that there is a large area of wetlands on the parcel.

Mr. Bush was aware of this and wasn’t going to do anything near it.

Chairman Baden noted that the Board has received an Open Development Referral from the Town Board. That is the process that they are going through now. They have also received a letter from the Highway Superintendent stating what needed to be done to improve the road.

Mr. Bush noted that he already completed that work. He also noted that there is not a Road Maintenance Agreement (RMA) for that road.

Chairman Baden noted that this was why he was in front of the PB. The Town needs to see an RMA between Mr. Bush and the Town saying that Mr. Bush will be responsible for the portion of road from his property to the Town Maintained Road. He also noted that they Board is in receipt of a letter from the Accord Fire District Chief saying that the road met emergency vehicle access. Now that Mr. Bush has completed the required criteria, this will go back to the Town Board where the attorney for the Town will review Mr. Bush’s RMA and once it is found acceptable, Mr. Bush will be responsible for the cost of that review. After the Supervisor of the Town signs it, Mr. Bush will need to file it with the County Clerk and then supply proof of filing to the Planning Board. He also noted that Mr. Bush may want to hire someone to delineate the boundaries of the wetland on the property so he can be sure to avoid them during construction.

Mr. Dawson motioned to send a positive referral for Open Development to the Town Board. Seconded by Mr. O’Donnell. No discussion.

Vote:

Baden: Yes Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ricks: Absent Dawson: Yes

Paddock: Yes

Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions

PB 2014-04 SBD New Application

Minor Subdivision

Wilfred and David Neff

Proposes subdivision of land resulting in 3 lots. The lot is located in Ulster County Agricultural District #3.

12 Pompey’s Cave Road, S/B/L #69.4-2-7.111, ‘AR-3’, ‘AP Overlay’ and ‘FD Overlay’ zoning districts

Mr. Eggers was present on behalf of this application.

Chairman Baden noted that this was a very large parcel and he wanted to bring it to everyone’s attention that there is a lot across the street that appears to be a part of this parcel according to County records. This property also borders the Town of Marbletown and is next to a historic district, so it will need to be a Type 1 Action and a notice sent to the Town of Mabletown. The Board will also need to refer to SHPO and the piece of property on the other side of the road will need to be resolved.

Mr. Eggers noted that this parcel definitely did go all the way down to the Rondout Creek originally. He was unaware if the piece mentioned by the Chairman was still a part of that. He would look into it. This property has been split up over the years.

Chairman Baden noted that they could move forward with this application and he would follow up with the Assessor and Real Property to figure out what is going on with that other parcel on the other side of the road.

The Board needed to be sure to account for all the land associated with this application. He asked Mr. Eggers to label the remaining lands as lot 3.

Mr. Dawson motioned to type the action as a Type 1 under SEQRA with no other interested agencies. Seconded by Mr. Tapper. No discussion.

Vote:

Baden: Yes Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ricks: Absent Dawson: Yes

Paddock: Yes

Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions

Mr. O’Donnell motioned to refer the application to SHPO. Seconded by Mr. Paddock. No discussion.

Vote:

Baden: Yes Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ricks: Absent Dawson: Yes

Paddock: Yes

Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions

Mr. Paddock motioned to set the application for Public Hearing and to notice Marbletown of same for the July Meeting. Seconded by Mr. Dawson.

Vote:

Baden: Yes Tapper: Yes

O’Donnell: Yes Rominger: Absent

Ricks: Absent Dawson: Yes

Paddock: Yes

Motion carried. 5 ayes, 0 nays, 2 absent, 0 abstentions

Zoning Permit 135 of 2014 Pre-application Conference

Subdivision and Lot Improvement

Nelson DeGondea

Hidden Laurels Subdivision

Pond Road, S/B/L #52.20-1-8.1 and 52.20-1-8.4, ‘R-2’ zoning district

Mr. De Gondea was present and brought maps to show the Board his proposed subdivision and lot line adjustment.

Mr. De Gondea noted that he was looking to give his two daughters part of lot 1. He also owns lot 4 and wants lot 1 into 2 parcels. The driveway for lot 4 still uses the right of way. Both lots would be 2 acres each.

Chairman Baden noted that by coming to a point, lot 1 wouldn’t have the 50’ required frontage. He would need to square that off.

Mr. Paddock questioned if there was a road that went down the middle of lot 1, would there still be room for setbacks and buildings?

Mr. De Gondea answered yes.

Chairman Baden noted that there are houses on lots 2 & 3.

Mr. De Gondea questioned if he’d need Board of Health approval on lot 1?

Mrs. Christiana answered yes.

Mr. O’Donnell questioned in regards to fire access what the length of the road was.

Mr. De Gondea answered 500’.

Mr. O’Donnell noted that was under 1,000’.

Mrs. Christiana noted that because this is a filed subdivision and other lots have since been sold off, those new owners may need to sign on to this application. She suggested that Mr. De Gondea talk to those owners because this is part of a filed subdivision that they have an interest in it and they may need to sign on to the application.

Chairman Baden noted that his biggest concern is the 50’ of frontage needed.

Mrs. Christiana also noted that the applicant would need to make sure that he meets the specifications of the road for a 5 lot subdivision. The Highway Superintendent would need to look at this to make sure the road could handle the extra lot.

Mr. De Gondea noted that if it wasn’t able to be subdivided he would sell it and his daughters could split the money.

ADJOURNMENT

Mr. Paddock motioned to adjourn the meeting. Seconded by Mr. O’Donnell. No discussion. All members present in favor.

Chairman Baden adjourned the meeting at 9:48PM.

Respectfully submitted,

Rebecca Paddock Stange, Secretary

DRAFT

TRAININGS

Chairman Baden thanked all of the members who attended the UCPB meeting on June 9th on technology. This was part of the reason why they were using the projector for maps and applications for the first time at this meeting.

ACTION ON MINUTES

Chairman Baden noted that the April 2014 Minutes have been corrected as discussed at the last meeting. Mr. Dawson motioned to approve the April 2014 Minutes, seconded by Mr. Paddock. No discussion.

Vote:

Vote:

Vote:

Vote:

Vote:

Chairman Baden thanked all of the members who attended the UCPB meeting on June 9^th on technology. This was part of the reason why they were using the projector for maps and applications for the first time at this meeting.