PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF June 25th, 2018 Workshop Meeting of the Town of Rochester PLANNING BOARD, held at the Town of Rochester Community Center, Accord, NY.
Chairperson Lindstrom asked everyone to stand for the pledge to the Flag.
The Secretary did roll call attendance.
PRESENT: ABSENT:
Maren Lindstrom, Chairman Brian Buchbinder
Patrick Williams
Rick Jones
Alonzo Grace
Laurence DeWitt
Sam Zurofsky
Also present:
Shaye Davis, Secretary. Zorian Pinsky, Alternate.
ANNOUNCEMENTS AND COMMUNICATIONS
Chair Lindstrom asked the Board if they agreed to have Secretary Davis post the Workshop meeting time. The Board all agreed.
Secretary Davis updated the members of the Board on their training hours.
2018-03 SUP
Amended Site Plan & Special Use Permit – Special Events Facility
Arrowood Farm LLC applicant
Proposes commercial events facility with parking on a ±10 acre parcel
236 Lower Whitfield Road Accord, NY, SBL 68.4-4-23.110, AR-3 zoning,
Within Ulster County Ag District #3, AP Overlay’ zoning districts.
SEQRA: Unlisted Action
Blake Arrowood and Jacob Meglio were present on behalf of the application.
Chair Lindstrom went over all the major points of the application. She started with the landscaping. She stated that they already had a fence and existing plantings so landscaping was okay. She then went over traffic. She asked Secretary Davis to find the original letter stating that the driveway was fine. She noted that the Town of Rochester Highway Department asked for the apron of the driveway to be paved with asphalt to help with dust. She went over the provided schematics with the Board. She asked the Board if they wanted the Town Constable to be present during the events.
Mr. Jones asked if there would be a budget issue with the Town if they required that.
Chair Lindstrom stated that there would not be any budget issues as the applicant would hire the constable out of their pocket.
Mr. Arrowood stated that they would be hiring a security team for every event.
Mr. Jones stated that he thought the hired security would be enough.
Mr. Grace stated that he thought the hired security would be good as well.
Mr. Arrowood stated that he would have a security guard at the end of the driveway and plenty in the event area as well.
Chair Lindstrom stated that on the site plan there is 310 parking spaces available for a max of 1,200 people. She asked if they could cut down the number of parking to also cut down the number of people allowed at the event.
Mr. Jones asked if Chair Lindstrom would explain the difference between 12 commercial event and gifted events.
Chair Lindstrom discussed the noise with the Board.
Mr. DeWitt asked how they define ambient sounds because it varies.
Mr. Arrowood stated that they take an average of the sound.
Mr. Zurofsky stated that he felt there was a lot of problems with the range that was found during the noise study. He stated that the 50-89 decibel range was not believable. He stated that he did calculations and that the range is massive.
M. Arrowood stated that they had a brush hog running during the noise study to suffice for agricultural sounds.
Chair Lindstrom stated that the sound study explained the range and why it was the way it was.
The Board discussed the applicant collecting ambient noise without the brush hog.
Mr. Williams stated that the brush hog gave a false high level of ambient noise.
Mr. Zurofsky asked why they didn’t shut the brush hog off during the duration of the noise study.
Chair Lindstrom stated that the Board needed to read the noise study and that it all explained it.
Mr. Jones stated that if the brush hog was not running then the ambient noise study numbers would be lower.
Mr. Zurofsky went through the noise study aloud with the Board.
Member of the Board stated that they thought the study should be done without the brush hog running. The also noted that the study should be done at the closest property line not the closest house.
Mr. Zurofsky stated that the Town Code says different lot lines. He asked what happened if the property sells and they build a house and the noise is too high at their home.
Mr. Arrowood stated that he believed the study was done correctly.
Chair Lindstrom asked the Board if another noise study should be done.
Mr. DeWitt stated that the law states the closest lot line not the closest house.
The Board discussed the lot lines between the lots owned by Let Lee.
Mr. Arrowood stated that Let Lee would most likely join all the lots into one.
The Board was concerned about the different lot lines and what ones to worry about the most.
Mr. Zurofsky stated that the Board needed to ask the applicant to redo the noise study.
Mr. Jones stated that every lot line needed to be tested.
Mr. DeWitt stated that the noise study might be able to be done without the specialist coming out.
Chair Lindstrom went over a checklist with the Board and Applicant. She stated that they need to combine lots, take the lowest decibel and test the lot line without the brush hog.
The thought came up about the applicants possibly doing the noise study by themselves.
The discussed about not letting the decibels going over 60 at the any lot line. It’s the lowest in the range that was provided by the sound study consultant.
Mr. Zurofsky stated that if the Town Attorney is okay with the choice so is the Board.
Mr. Williams made a motion that contingent upon the Town Attorney was okay with the letter to commit for the combination of the lots and 50 decibels as the amount and to expedite the application. Mr. Zurofsky seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
Chair Lindstrom stated that the lighting and the water was all okay. The signage was staying completely the same. She brought up the possible issue of cars parking on the side of the streets.
Mr. Arrowood stated that the Ulster County Planning Board and Dennis Doyle told him that 5000 was a mass gathering and he, Mr. Arrowood, mapped out 3000+ people at 25 square feet to 1,200 people.
The Board asked how many tickets they have sold for the current concert.
Mr. Arrowood stated that they have sold 300 tickets so far.
The Board asked what will happen if they sell 600-800 tickets and only have only 310 parking spots.
Mr. DeWitt motioned to set the limit of the amount of people to 1,000. Mr. Williams seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
Mr. DeWitt asked if they could do a conditional approval for 18 months and have the applicant come back in front of the Planning Board to see how they do.
Chair Lindstrom motioned to accept the Ulster County Planning Board comments. Mr. DeWitt seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
Chair Lindstrom motioned to declare the application as a negative declaration under SEQR. Mr. Zurofsky seconded the motion.
Roll Call:
Chair Lindstrom: Yes Mr. DeWitt: Yes
Mr. Jones: Yes Mr. Grace: Yes
Mr. Williams: Yes Mr. Zurofsky: Yes
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
2017-02 SUP/SPA
Site Plan & Special Use Permit – Resort
Inness NY LLC owner, Sommer Partners, LLC applicant
Proposes expansion of existing use (new construction and modification/change of use) of a ±137 acre parcel at 10 Bank Street, Accord, NY, SBL 77.1-1-1, AR-3 zoning. AP Overlay & FD overlay zoning districts. Adjacent to Ulster County Ag District #3, contains NWI Wetlands,State Freshwater Wetlands, is within 500 ft. of a National Historic Register property, and within 500+ ft. proximity to a state habitat core.
SEQRA: Type I
Taavo Somer, owner, and Nadine Carney from Peak Engineering were present on behalf of the application.
Mrs. Carney explained that her intentions were to go through SEQR Part 2 to figure out what they should focus on.
Chair Lindstrom stated that there was still no SWPP and that Mrs. Carney should do a conference with Tim Moot at Clark Patterson Lee.
The Board and applicant discussed the swimming pool and Tennis court and how they will contain a building permit.
Mr. Jones asked about the water usage for the pool. He asked if water would be brought in.
Chair Lindstrom stated that the Department of Environmental Conservation was who handles the water usage issues.
Mrs. Carney explained that they have a well with a pond and wetlands for the irrigation system for the Golf Course.
Chair Lindstrom stated that the Board would need a letter from the applicant asking to waive the 62 days for a decision.
Chair Lindstrom motioned to ask for a waiver to extend the time until a decision until the August Regular Meeting. Mr. Williams seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
The Board discussed doing SEQR Part 2 at the next Planning Board meeting. They discussed that the SWPP will cover the missing sections of the SEQR Part 2.
There was no further discussion.
Amendments to the Town Solar Law:
Chair Lindstrom prepared a draft letter to send to the Town Board with recommended changes from the Town Board.
The Board discussed different issues they saw with the Town’s Solar Law. The all spoke about changes they would like to see.
The Board discussed changes they would like to make to the draft letter Chair Lindstrom prepared.
Chair Lindstrom motioned to allow her to compose a letter with the recommended changes to send to the Town Board for their next Town Board meeting with all of the suggestions from the Board. Mr. Zurofsky seconded the motion.
Mr. Zurofsky motioned to adjourn the meeting at 9:30PM. Mr. Grace seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
Respectfully submitted,
Shaye Davis, Secretary
Adopted and accepted, July 9th, 2018