PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF June 12th, 2017 Meeting of the Town of Rochester PLANNING BOARD, held at the Town of Rochester Community Center, Accord, NY.
Chairman Baden asked everyone to stand for the pledge to the Flag.
The Secretary did roll call attendance.
PRESENT: ABSENT:
Michael Baden, Chairman Lawrence DeWitt
Maren Lindstrom, Vice Chair Alonzo Grace
Rick Jones
Patrick Williams
John Dawson
Also present:
Shaye Davis, Secretary. Mary Lou Christiana, Attorney for the Town
ANNOUNCEMENTS AND COMMUNICATIONS
Chairman Baden noted that the Code Enforcement Office relayed a letter from Ulster County Department of Works from Kim DuFresne and that the work has been completed for the Acorn School driveway.
TRAININGS
Chairman Baden stated that the Association of Towns and NY Planning Federation are having the summer schools. He noted that he did not know the times of the trainings but he knows they’re Monday, August 7th in Poughkeepsie and Thursday, August 10th in Albany.
ACTION ON MINUTES
May 10, 2017 special meeting
May 8, 2017 regular meeting
Nov. 14, 2016 regular meeting
Mr. Dawson motioned to adopt the May 10th, May 8th, and November 14th minutes. Mr. Jones seconded.
Motion carried. All in favor
5 ayes, 0 nays, 2 absent, 0 abstentions
2017-01 SUP Continued Application, Public Hearing
Special Use – Multiple Permitted Uses – Kennel/Residential
Project Cat
Richard and Linda Rydant (owner) and Gail Mihocko (applicant)
Proposes a private, 501c3 non-profit cat shelter in an existing 2 family residential structure
2586 Lucas Tpke., SBL 69.4-2-7.2, AR-3 and AP Overlay zoning districts, located in Ulster County Agricultural District #3, located contiguous to property listed on the National Register of Historic Places, contiguous to the T/ of Marbletown,
SEQRA: Type I
Chairman Baden explained to the Board about the notice from the Code Enforcement Officer on May 9th, 2017. The CEO looked at the zoning permit in relation with the zoning code and determined that he had made an error as had ruled it as a kennel only and that he is re-referring it to the Board as multiple permitted uses because of the residential use and the kennel making it two uses. It is now being considered a Special Use review. Chairman Baden stated that the Board had already been reviewing it as that but the Code Enforcement Officer wanted to correct his error. He explained to the public that after receiving the notice from the Code Enforcement Officer the Planning Board had met in a special meeting to redo all the resolutions to refer the application to the SEQRA interested agencies. He said that they had made the resolutions on May 8th to refer the application as a site plan approval so the Board had to redo the resolutions because it was now a special use permit.
Chairman Baden stated that at the last meeting the Board had determined the application as a Type 1 action under SEQRA and to be lead agency. He stated that they had sent letters requesting comments from interested agencies. He noted that the Board had heard back from New York State Agriculture and Markets, the Town of Rochester Historic Preservation Commission, and the Ulster County Planning Board. Chairman Baden read the letters from the other agencies for the Board and public to hear. He noted that the Board had not heard back from the New York State Historic Preservation Office or the Ulster County Department of Public Works. Chairman Baden stated that the Board asked the Department of Health to review the septic and they indicated that the gray water from the garage would need to be connected to the existing septic. He read the email from the Department of Health, James Rodden, indicating compliance with this
Chairman Baden stated that the Board had received 24 letters in response to the public hearing.
Chairman Baden asked the Board if they had any questions or comments.
Linda Rydant stated that she does not think the SPCA has any authority to inspect any kennels.
Chairman Baden stated that he agrees and that there are no inspection regulations for kennels and that it was an advisory comment from the Ulster County Planning Board.
Mr. Jones noted that the garage cannot be used as a residential use. He also stated that it seems like there was no inspection for shelters and that it has to do with licensing since cats are not licensed.
Ms. Mihocko stated that she and others are working on licensing cats just like dogs are. She also stated that the shelter was visited by the Department of Health and also the Department of Environmental Conservation and everything was fine.
The Board read through SEQRA part 2 and 3.
Mr. Dawson motioned to accept SEQRA part 2 and 3 as prepared by the Chairman. Vice Chairperson Lindstrom seconded the motion.
Motion carried. All in favor. Roll Call Vote
Chairman Baden: Yes
Vice Chairperson Lindstrom: Yes
Mr. Dawson: Yes
Mr. Williams: Yes
Mr. Jones: Yes
Mr. DeWitt: Absent
Mr. Grace: Absent
5 ayes, 0 nays, 2 absent, 0 abstentions
Mr. Dawson motioned to adopt a negative declaration under SEQRA. Vice Chairperson Lindstrom seconded the motion.
Motion carried. All in favor. Roll Call vote
Chairman Baden: Yes
Vice Chairperson Lindstrom: Yes
Mr. Dawson: Yes
Mr. Williams: Yes
Mr. Jones: Yes
Mr. DeWitt: Absent
Mr. Grace: Absent
5 ayes, 0 nays, 2 absent, 0 abstentions
The Chairman opened the Public Hearing.
Jodi LoMeli stated that they were there due to a violation that was sent to the Rydant’s and Gail Mihocko. She stated that in 2012 they applied for and received a certification for applying for a 2 car garage on their private residential property; she stated that they all know the garage never held a car until she brought it to the attention of the Town. She stated that they have been operating without proper permits for the last 5 years. She stated that the Rydant’s and Ms. Mihocko have been deceptive to the Town in its conspicuous since the very beginning. She said that now the Board is reviewing an application for a special use permit for a kennel in the same garage. She stated that in a letter dated to the Board on March 27th, Project Cat said they are a private, non-profit cat shelter and animal welfare organization that assists homeless and free roaming cats by taking them into the facility to provide necessary medical care and to find permanent indoor homes for them via adoption. She said that the Facebook, Pet Finder and website all say the same thing. Ms. LoMeli stated that what Ms. Mihocko was not telling the Board or anyone else at the meeting was that the garage holds class 2 and class 3 narcotics, specifically ketamine and sodium pentobarbital which are euthanasia drugs. She also stated that Ms. Mihocko is a euthanasia technician and that her core business was not providing homes for homeless and free roaming cats but that her business is killing the homeless and free roaming cats. She stated that in the last 5 years Ms. Mihocko has killed almost 2,000 cats. She stated that that number far exceeds any other rescue, shelters, SPCA’s or humane societies within 3 counties. She stated that this is a shelter that holds 20 cats. She asked the Board how many of those 2,000 cats were someone’s beloved pet. She stated that Project Cat was not open to the public and that it does not keep regular hours of operation and that the location of the shelter is not printed or published anywhere. Ms. LoMeli asked if anyone had gone to see the shelter. She stated that she was sure they found it all very lovely, very neat and very clean and that all the cats are cared for and healthy, she then asked if Ms. Mihocko took them to the freezer full of dead cats. She said that surely someone who racks up a kill a day has to be storing them somewhere. She asked if Ms. Mihocko showed them her euthanasia logs. Ms. LoMeli then gave the Board the euthanasia logs. She said that Linda Rydant and Gail Mihocko are both supporting members of numerous organizations that advocate for the eradication of outdoor free roaming cats. She stated that Ms. Mihocko promoted a book called Cat Wars on her Facebook page at which the authors call out for an all-out war against free roaming cats which they label as feral. She stated that everyone needs to know the facts behind what Ms. Mihocko said she did and what she actually does. Ms. LoMeli stated that Ms. Mihocko was using the shelter to further her mission of killing cats. She stated that Ms. Mihocko said herself that there was no regulatory system for cats and that she self regulates it. She said that despite what Ms. Mihocko would want everyone to believe; she does go out into the neighborhoods and traps the cats for the sole purpose of killing them without regards to adoptability, health or even ownership. She stated that New York State Agriculture and Market’s does not regulate animal welfare organizations or rescue groups. She stated that she did not think it was out of line to ask the SPCA to take a look at the shelter. Ms. LoMeli said that the Board must ask themselves what benefit Project Cat brings to the community that is so rich in agriculture and history. She said what would be the liability to the Town next time a neighbor’s cat goes missing. She stated that she was not against euthanasia at all when it is used responsibly and when there would be no other alternative. She stated that if Project Cat was a legitimate animal welfare rescue organization she would be standing there applauding, however that was not the case. Ms. LoMeli stated that with all that said she asked the Board to seriously consider voting against Project Cat because it was far beyond that scope of a kennel and quite frankly, Project Cat was more in line in what one might consider a slaughter house.
Patricia Dolan asked the Board to vote against allowing Gail Mihocko to operate Project Cat at property 2586 Lucas Turnpike, owned by Richard and Linda Rydant. She said that although Ms. Mihocko calls herself a cat rescue organization, she said that one of her main objective seemed to be euthanizing cats. She stated that under the disguise of being a rescue Ms. Mihocko had killed over 1,700 cats within 5 years. She stated that her application to run as a cat rescue and kennel should be denied.
Lori Stein, DVM stated that she had been practicing veterinary medicine in the Hudson Valley for almost 30 years. She stated that euthanasia is the act of causing a person or animals death without inflicting pain to end suffering and to spare a slow painful death. She said that she had sadly been called upon to help ease the death of many beloved pets, she stated that one of the her clients told her that euthanizing her pet was the last good thing she had done for her dog by allowing her friend to die with dignity. Dr. Stein stated that she cannot express the feelings she felt when she learned of Gail Mihocko’s agenda hidden behind her self-called cat sanctuary.
She said that with Ms. Mihocko’s title of euthanasia technician somehow allowing her access to control drugs and needles she has killed 2,000 cats in the last 5 years using a barbaric and painful method called intracardiac injections which was a needle through the heart. She said that Ms. Mihocko paid herself $52,000 last year, which was public record. She stated that Ms. Mihocko was not a humanitarian and that she cannot love cats. Dr. Stein stated that she speaks for all the cats that were not allowed a good death by her hand. She asked to please not let Ms. Mihocko continue killing cats and to please deny her request. She stated that if she’s allowed to have a shelter, she understands that but Ms. Mihocko is not running a shelter but unfortunately she is not doing that. Dr. Stein stated that she had contacted the AVMA and they are investigating Ms. Mihocko and Project Cat as well. Dr. Stein does not understand who authorized her with a two hour class on how to kill cats. She stated that she got involved because Ms. Mihocko was contacted by the Town of Newburgh Mayor and Town Board and that there were about 20 cats who were trapped, neutered, vaccinated and released. She stated that there was a problem with a neighbor in Newburgh and they contacted Ms. Mihocko who then came down and spoke with the Mayor and the Town Board saying that for $2,000 she would set up traps, catch the cats who were all being fed and cared for, and euthanize them. Dr. Stein stated that she then stood up and took care of the situation with no cost to the Town and the cats have been replaced and they are not feral. She stated that she knows there is an issue with stray cats in the world and that it would be great if she ran a shelter but Ms. Mihocko was not running a shelter.
Lisa McEuen stated that she was an educator in the Newburgh School District for 23 years and she was sure Ms. Mihocko does save cats and many lives and has gone into situations where there have been issues where cats have needed help but from January 2011 to September 2016, Ms. Mihocko had killed 1,789 cats. She stated that she couldn’t even find 1,789 cats if she went looking for them so she believed that something was going on. She stated that these cats that were killed weren’t all sick cats, some were very healthy cats, kittens and not all stray cats because who knew they could have been neighbor’s cats. She stated that many people at the meeting were bird lovers and were concerned that cats by nature have gone after birds or killed birds but that does not give anyone the right to kill a cat because of their own propaganda. She stated that Ms. Mihocko was applying for a shelter and that what she does was not what a shelter is.
Geri Ritchie stated that she was a retired teacher from the Highland School District and that she was on the Ulster County SPCA Board of Directors for 9 years and has volunteered at the SPCA for 10 years. She stated that she was Chairperson for the Humane Education Committee. She stated that for the past 3 years she had volunteered at Project Cat. She stated that she goes to Project Cat once a week and clean and socialize cats. She stated that there are cats that are there before she came to the shelter and are still there. She noted that the shelter is impeccable and that Gail runs the business of rescuing cats and sheltering cats with professional intent. She stated that Gail runs the shelter pretty much by herself and that there are some other volunteers as well. She asked the Board to please thoughtfully review the application. She added that many times people will call other organizations to help them with cats that are suffering in the community and either those organizations or agencies ignore their calls or won’t come out because they might have to euthanize some of the cats and they want to remain a no-kill shelter but Gail will always answer the calls and will always go out and help the people in the community.
Bridgette Rahm stated she agrees with everything Geri Ritchie said and that she had known Gail Mihocko for almost 12 years and that she has helped Gail foster cats and have kept cats in her own home for 8 years and that Gail Mihocko was such a professional, responsible and caring person who loves animals and she had never ever thought Gail had made decisions to just euthanize cats. She stated that Ms. Mihocko was always upset about euthanized cats. She stated that when Ms. Mihocko came to her home to euthanize cats she was very caring and gave the cat medicine and took the time to care for them. She stated that she really hopes that the Board can look past what has been said about her because the community really needs her.
Frank Rahm stated that the Board was deciding the Zoning questions and that all the comments are emotional but that he does not think it has anything to do with the Zoning.
Cassandra Thaule stated Gail Mihocko had done so many euthanizations because other organizations do not return calls or will not come out to help a situation so she believes that is why Ms. Mihocko’s euthanasia records are higher. She stated that the SPCA was a no-kill shelter and that they are not going to euthanize unless an animal is extremely bad. She stated that the way in which Gail euthanizes was not true. She stated that quite a few years ago there was a stray cat that she had started feeding and eventually the cat came into the home. She stated that the cat was very sweet but that there was something very wrong with her, she said that her stomach area was extremely enlarged. She said that she kept the stray cat at her house and she had Gail Mihocko come to look at the cat. She stated that she does not remember what was actually wrong with the cat but that Gail and she decided to euthanize the cat and that she and Gail were both crying when they had to euthanize the cat. She stated that Ms. Mihocko put the cat to sleep first; she said that the cat felt nothing but the pin-prick from being put to sleep. She stated that her cat that she has had for many years became ill and it was on a weekend and her vet did not have hours that day so she called Ms. Mihocko begging her to help put her cat to sleep and Ms. Mihocko stated that she couldn’t come and put her cat to sleep because her license at the time had lapsed for a day. She stated that that was how ethical Ms. Mihocko was.
Jeff Lyndon who is a resident of the Town of Rochester and was at the meeting as a member of the community and as a representative of the Woodstock Farm Sanctuary. He stated that he was a founding Board member of Animal Sanctuaries which gives accreditation to all sanctuaries around the world. He said that he co-authored most of the standards for the organization. He stated that he had the pleasure of leading the Thompson County SPCA where they took in thousands and thousands of cats and dogs and that they were very privileged to be among the leading shelters in North America because of their standards. He stated that there was a lot of emotion in the room because these are a bunch of emotional issues and that he thinks that at the end of the day the numbers do not lie. He stated that if you’re looking at a shelter that is administering a kill drug to a couple of thousand cats in the last few years, your question is how many are actually being placed? He said because every reputable and respectable shelter or rescue in the United States has one bottom line metric for determining success and that would be the shelters save rate. He said that if the shelter is placing 50 cats or 100 cats in its time it’s as bad as it gets. The poorest county in Mississippi has a better save rate than that. He stated that that was an important standard and that the Board needed to keep that in mind. He stated that granted the Board would probably talking whether or not the shelter was a good shelter or not but the community welfare was part of the decision making process and if they had someone who was getting a permit for a body shop and was real a chop shop and you had good evidence, he stated that the Board would still be using some of that evidence when making their decision. He stated that he hopes that would be taking into account because it concerns him that mission statement speaks to rescuing cats when a tiny fraction of the animals we are talking about as in intake are rescued and that vast majority seem to be killed, even the healthy ones, almost to the point to where they’re being hunted with traps and killed with syringes. He stated that would not be good for the community. He also stated that on the website for Project Cat it stated that TNR does not work and that there was no evidence that it works. He stated that he had so much evidence from top tier biologist showing what a dramatic impact trap, neuter and release has on the cat populations, save rates for shelters and resources for shelters can use. He stated that it had been stated over and over again and that her website has miscommunication and does not understand why the website says that besides to justify the mass killing of cats in order to save birds and he does not think that would be something the community should enable.
Julie Harris stated that she was not signing up to speak but to sign in for the meeting but listening to everything everyone said she has to agree with Jeff Lyndon.
Chairman Baden asked if anyone else from the public would like to speak or comment.
Linda Rydant stated that she asked Gail Mihocko not to post the address of the shelter because she and her husband, Richard Rydant live at that address and that it was a private shelter by appointment. She stated that she doesn’t want people bringing animals and dropping them off or showing up whenever they would like. She also stated that the one reason she had supported Gail all the years was because she does not think the surrounding counties need any more animal shelters or facilities to house cats, in her opinion. She stated that you could put a building up and house 100 cats and then tomorrow and put another building up and continue the cycle but you’d get a lot of animals surrendered that are never going to get adopted. She noted that the SPCA had over 130 cats. Port Jervis had over 100 cats and Diana’s shelter had a bunch of cats as well. She added that what she supported about Gail was her community work. She would take on cases that other people would not address. She noted that the SPCA has referred cases to Gail when they didn’t want to deal with the cats by putting them down or dealing with feral cats. She goes to houses overrun by cats and hoarding situations that the other organizations to not. She also told the Board that Ms. Mihocko did not make $52,000 last year. She stated that when you adopt one of Ms. Mihocko’s cats that they are in good shape and that she takes very good care of the cats.
Ms. Mihocko stated that the people speaking against her are with the no-kill movement which sounds nice on the surface but in reality it causes suffering. She stated that no-kill shelters tend to turn cats away when they are full. She stated that they get desperate pleas from people in the communities who have tried all the shelters around and they couldn’t help them. She noted that the SPCA referred hoarding cases to her and feral cat situations. She said that the trap, neuter, vaccinate and release only gives the cat one rabies vaccination and put the cats back to where they picked them up or relocate them. She stated that doing that was not only inhumane and cruel to the cats but it was also illegal under the Agriculture and Markets law which states that once a shelter takes in an animal their only option is to either transfer them to another shelter, adopt them out or euthanize them. She added that putting cats back out that have been neutered is considered abandonment. She stated that there are a lot of feral cats out there and that they have chosen to help people with these situations and that they get desperate calls and that at the moment the calls were flowing in because people are finding cats that had kittens and a lot of them might be sick and that cats are a huge impact on the environment, not just killing birds but small mammals including snakes and that the cats carry a various amount of diseases. She stated that with the TNVR the cats only receive one rabies vaccination and to make the vaccination work they need a booster. She stated that there is a list of diseases that cats carry including cat scratch fever that humans contract. She stated that cats are displacing native predators and that it was huge suffering. She stated that a lot of the cats they take into the shelter do have to be euthanized because they are too feral to be adopted and they will not put the cats back out into the wild for ethical reasons or they’re in very bad shape, sick and injured. She stated that they do not deceive the public. She noted that if you go to the website and check the newsletters that have been sent out since they started talks about the need for euthanasia. She stated that they have gotten dogs under control with the rabies vaccination and licensing 50 plus years ago and that everyone needs to get the cats under control. She also stated that Project Cat does not steal anyone’s cats and that she does not know where the people got their numbers from about her salary and the number of cats they euthanize but it’s not true. She stated that she is certified by the Department of Health and Drug Enforcement Agency. She noted that her facility was recently inspected by the Department of Health, the Bureau of Narcotics Agency and DEC and everything was fine.
Chairman Baden asked the Board if they had any questions.
Mr. Dawson stated that was familiar with the Project Cat and that it has been in the community for quite a while and that he had referred people to Project Cat in the past and that he also had reached out since the last meeting to a veterinarian and asked his take on everything and the answer Mr. Dawson was given was that because it was such a negative discussion of putting cats down they refer everything to Gail so they are not involved in it and he would assume that was why the euthanasia numbers are so high. He also stated that the vet said that there was a need for euthanasia and that we cannot save everything. He added that in his opinion that there was a need.
Mr. Jones asked Ms. Mihocko if the paper work about the number of cats euthanized were accurate. He also asked how many cats that have been taken in have been adopted out.
Ms. Mihocko stated that the amounts of cats adopted out are about 75 cats per year. She added that the number that have been adopted out has gone down through the years.
Mr. Jones asked how Project Cat disposed of the remains of the cats.
Ms. Mihocko said that the cats are cremated through a professional service.
Chairman Baden stated that since the Board had received additional information at the meeting, he believes they should give the Board time to look at everything and to close the verbal part of the public hearing and keep open the written part until June 23rd at 4:00pm.
Mr. Dawson motioned to close the verbal part of the public hearing and to accept any additional written comments until June 23rd 2017 at 4:00pm. Mr. Williams seconded the motion.
Motion carried. All in favor
5 ayes, 0 nays, 2 absent, 0 abstentions
2017-05 SUP New Application
Minor Subdivision
Hudson Valley Contemporary Homes LLC c/o Marica McKeel
Proposes 3 lot subdivision of a ±13.9 acre parcel
Hill Rd., SBL 60.3-3-33.100, R-2 zoning district, contains land located in ACOE wetland PF04/1E
SEQRA: TBD
Barry Medenbach from Medenbach and Eggers was present on behalf of the application. He stated that the property was 13.9 acres.
The Board looked over the maps and discussed the application.
Mr. Jones stated that he wanted to know how big the wetland was.
Mr. Medenbach stated that the wetland was about 5 acres.
Chairman Baden stated that the wetland was the lowest part of the property so the flow would be going away from the property.
Chairman Baden asked Mr. Medenbach if he was planning on showing proposed house sites on the lots.
Mr. Medenbach stated that they were in the process of receiving Health Department approval for the 3 lots. He stated that the people that own it are builders and plan on putting houses on the lots within the next few years. Mr. Medenbach added that they are working on test holes for the well and septic locations. He also stated that the grade coming off the highway was not bad for driveways.
Chairman Baden stated that the Board would ask the applicant to apply for driveway permits once they determine where the approximate location of the houses will be so the Highway Department can review the site distance for the Board. He added that the property was not in a flood plain, not in the Agriculture district and it was not located near any historic property. He also requested Mr. Medenbach to remove the statement for lot line adjustments and to add the right to farm statement on the plan.
Vice Chairperson Lindstrom motioned to list the application as an unlisted action under SEQRA. Mr. Williams seconded the motion.
Motion carried. All in favor. Roll call vote
Chairman Baden: Yes
Vice Chairperson Lindstrom: Yes
Mr. Dawson: Yes
Mr. Williams: Yes
Mr. Jones: Yes
Mr. DeWitt: Absent
Mr. Grace: Absent
5 ayes, 0 nays, 2 absent, 0 abstentions
Vice Chairperson Lindstrom motioned to hold the public hearing on July 10th, 2017. Mr. Jones seconded the motion.
Motion carried. All in favor
5 ayes, 0 nays, 2 absent, 0 abstentions
2016-02 SUP Continued Application (amended)
Special Use Permit
LH Equine Properties LLC aka Crystal Creek Equestrian Center
Proposes a change of use and new construction on a +/-30.78 acre parcel for multiple uses for Commercial Stables and Residential use. with new construction of a 9800 sq ft indoor riding arena with attached barns with outdoor riding ring. Proposed use to include boarding, training, riding lessons, clinics and student presentations. Existing 6 apartments to be converted to 1 office, 1 classroom, and 4 apartments to be rented to guests/students. Co-owner and instructor live onsite in existing residences.
5883 Route 44/55, S/B/L #76.3-2-35.11, ‘AR-3’ zoning district
SEQRA: Unlisted Action
Julie Harris was present on behalf of the application.
Chairman Baden stated that the application was a continued application but it was now being amended. He stated that the Board started the review in February 2016. He noted that it was applied as commercial stables with a 9800 square foot indoor riding arena. He stated that the applicant was now removing the riding arena from the review and instead they were going to do an outdoor riding ring where the indoor arena would be. He noted that the applicant would be doing, boarding, training, riding lessons, clinics and student presentations. He added that there were 6 existing apartments on the property that are going to be an office, classroom and 4 apartments. He stated that the Code Enforcement Officer had already sent the Board a determination that was not part of the application, they are already approved to be apartments, and the Code Enforcement Officer was stating that the apartment can be used for the uses without further review. He stated that there was an existing residence on the property that will remain. He noted that when the Board got the letter to remove the riding arena, Chairman Baden sent it over to the Code Enforcement Officer and asked him to look at the application because it was originally being reviewed as only commercial stables and the Code Enforcement Officer came back that the property has two uses since the residence was going to remain so the Board was now reviewing the application as a special use permit for a residential use and commercial stables. Chairman Baden asked how they would board horses.
Ms. Harris stated that the property has sheds and a temporary structure but that there would not be any buildings built to board the horses.
Chairman Baden told the applicant that the Board would need an updated site plan and to remove any of the things that would not be happening anymore and to add anything new they would like to do. He asked for the applicant to show the location of the temporary structure. He asked what the latest was with Dave Corrigan of the NYS Department of Transportation about the access to the road.
Ms. Harris stated that they have not gone further with that because of not being able to do the rest. Her question was since the driveway will just be the existing driveway and they won’t be adding anything what do they need to do.
Chairman Baden stated that when the Board receives the new site plan they will send it to Dave Corrigan and tell him what has changed and see if the existing driveway is adequate or if any changes need to be made. He added that he would want to do a re-referral to the Ulster County Planning Board since the application has changed but he would rather gather all the other information.
Mr. Williams asked about the driveway access and the property and it was along the road and it interfered with the ability to see.
Ms. Harris stated that they were able to push and open up some so the sight distance was better.
Pre-Application
Lot Improvement – Lot Line Adjustment
Claudia and Michael Brown
Proposes lot line adjustment merging 2 contiguous parcels into one
824 and 856 Samsonville Rd., SBL 60.3-3-48.52 and 60.3-3-48.51, R-2 zoning district
Mr. Brown was present on behalf of the pre-application.
Mr. Brown stated that he would like to erase lot lines that were put in last year and make the 2 lots into 1 lot.
Chairman Baden stated that he sees no issues with the lot line adjustment. He said if the applicant files his application and comes in next month they can certainly be on the agenda for next month.
Mr. Brown stated that he will be out town for the meeting in July.
Chairman Baden stated that he could have someone represent him at the meeting or if he gets the application to the Board and the maps he does not need to be at the meeting.
Pre-Application
Minor Subdivision
Vinci Farm LLC
Proposes 4 lot subdivision of a ±35.003 acre parcel
2-8 Old Pilgrim’s Way, SBL 76.1-1-22.112, AR-3 and AP Overlay zoning districts, located in Ulster County Agricultural District #3
The owner would like to subdivide the 35 acre parcel into 4 lots.
Chairman Baden and the Board went over the maps and the lots the applicant had planned.
Chairman Baden stated that the back lot has no frontage on the road so it would have be a shared driveway that would be servicing 3 lots and it does meet the criteria. He told the applicant that it would probably be better if they shifted the lot line one way or another for the shared driveway and put the driveway with the house property and not the pond. He stated that they could write an easement over lot C to lot B even though there was road frontage.
The Attorney for the Town Christiana stated that they will have to review the approved site plan for the business.
Chairman Baden stated that simultaneously amend the approval for the site plan to take out the land that will no longer be part of the original site plan.
Mr. Dawson asked if they applicant would need to improve the road.
Chairman Baden asked if Old Pilgrims Way was a private road or driveway?
The applicant stated that Old Pilgrims Way was a private road.
Chairman Baden stated that if it was a driveway and it was accessing commercial property the applicant may have to do improvements to the road. He then asked the applicant if he knew the width of the road.
The applicant did not know the width, only that you can fit two cars at one time on the roadway.
Chairman Baden stated that they would need to show the width and length of the roadway. He asked the applicant if he knew how far the distance was from the lot line to the building on the business property. He stated that the distance needs to be a minimum of 35 foot setback. He also added that between the house and the lot line they would need a 40 foot setback. He said otherwise it all seems very do-able. He stated that there were no other issues, no wetlands, no flood plain but was in an agricultural district.
Other Matters:
Mr. Jones recused himself at 9:17pm due to a conflict of interest with the project.
Mr. DeWitt, although absent, is also recused due to a conflict of interest with the project
Both assisted the Town Board in reviewing proposals for the lease of the town property.
Chairman Baden stated that the Board received a letter for intent to be lead agency from the Town Board. He stated that the Town sand mine property behind the old Rainbow Diner was being proposed to be leased by Borrego Solar Company for a community solar farm.
Mr. Williams asked what kind of soil the property had and if it was part of the prime farmland.
Mr. Dawson stated that it was all sand.
Attorney for the Town Christiana stated that it was not in any prime farmland.
Chairman Baden stated that the Town Board had requested to be lead agency for the project because they are reviewing the contract and the lease. He stated the Town Board had notified the Department of Environmental Conservation, NYSERDA and to the Town Planning Board. He stated that the Board has 30 days to respond to the Town Board saying they allow them to be lead agency or why the Planning Board thinks they should be lead agency. He stated that the Planning Board will still be reviewing the project.
Attorney for the Town Christiana stated that the Town Board was doing the contract and lease. She stated that if the contract and lease go through the Planning Board will be doing more. The reason NYSERDA was involved was because of funding for the project. She stated that there were timelines in which the Town must get them approved and that was why the Town Board would like to be lead agency because they cannot approve a contract until SEQRA was done but there was no project unless there was a contract in the next week.
Chairman Baden stated that the Planning Board does become an involved agency.
Mr. Williams motioned to write a letter to support the Town Board being lead agency. Vice Chairperson Lindstrom seconded the motion.
Motion carried. All in favor. Roll call vote
Chairman Baden: Yes
Vice Chairperson Lindstrom: Yes
Mr. Dawson: Yes
Mr. Williams: Yes
Mr. Grace: Absent
4 ayes, 0 nays, 1 absent, 0 abstentions
Mr. Jones rejoined the meeting at 9:23PM.
Mr. Williams motioned to adjourn the meeting at 9:24PM. Mr. Jones seconded.
Motion carried. All in favor.
5 ayes, 0 nays, 2 absent, 0 abstentions
Respectfully Submitted,
Shaye Davis, Secretary