PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF June 8th, 2020 REGULAR MEETING OF the Town of Rochester PLANNING BOARD, held at 7:00pm via Zoom and streamed on YouTube.
Chairperson Lindstrom recited the Pledge to the Flag.
The Secretary did roll call attendance.
PRESENT: ABSENT:
Chair Lindstrom, Chairperson
Patrick Williams, Vice Chairperson
Rick Jones
Brian Buchbinder
Sam Zurofsky
Zorian Pinsky
Ann Marie Maloney
Also present:
Mary Lou Christina, Town Attorney. Brianna Tetro, Secretary. Mike Baden, Town Supervisor and Zoom Host.
ANNOUNCEMENTS and COMMUNICATIONS:
Chair Lindstrom read the following statement:
I have confirmed with the Town’s Counsel that tonight’s meeting has been convened in accordance with the Governor’s March 13, 2020 Executive Order 202.1 which suspends certain provisions of the Open Meetings Law to allow a municipal Board to convene a meeting via videoconferencing. In accordance with the Executive Order, the public has been provided with the ability to view tonight’s work session meeting via YouTube and a transcript will be provided at a later date.
The Planning Board Secretary has completed a roll call of the Board Members and there is a quorum present for this meeting. I have also confirmed with the Secretary that this meeting has been duly noticed.
We have fulfilled our legal notice requirements by posting Notice on the Town Clerk bulletin board and outside door, posting legal notice in the Shawangunk
Journal, and posting notice on the Town’s website.
Chair Lindstrom made the motion to cancel the June 29th, 2020 Workshop meeting. Mr. Williams seconded the motion:
Roll Call:
Chair Lindstrom- Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
Mr. Buchbinder- Yes
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.
TRAININGS:
Chair Lindstrom informed the Board of two upcoming training opportunities. A comprehensive plan training on 6/10 and one from the New York Planning Federation.
ACTION ON MINUTES:
Chair Lindstrom made the motion to accept the minutes from the May 11th, 2020 Regular Meeting. Mr. Pinsky seconded the motion.
Roll Call:
Chair Lindstrom- Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
Mr. Buchbinder- Yes
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.
APPLICATION REVIEW:
PB 2020-04 LLI New Application
Ann Belmont & Todd Anderson
Lot Line Improvement
Applicant proposes the combination of two (2) parcels located at 19 Trails End Road, Kerhonkson, NY into one +/- 3 acre parcel by lot line deletion. Parcels are Parcel A: S/B/L 59.12-1-1 (+/- 1.33 acres), and Parcel B: S/B/L 59.12-1-2 (+/- 1.77 acres). Both parcels are in the R-2 zoning district and Parcel A has a single family dwelling, Parcel B is vacant land
SEQRA: Type II by Code
Ms. Ann Belmont and Mr. Todd Anderson were present on behalf of the application.
Chair Lindstrom explained what the application was about.
The Board reviewed the maps and discussed.
Chair Lindstrom made the motion to certify the lot line improvement. Mr. Pinsky seconded the motion.
Roll Call:
Chair Lindstrom- Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
Mr. Buchbinder- Yes
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.
Decision: PB 2020-04 LLI
Lot Improvement – Certification
*Pursuant to Chapter 125 and Chapter 140 of the Code of the Town of Rochester.
Applicant: Ann Belmont & Todd Anderson
Owner: Ann Belmont & Todd Anderson
Reason for Request:
A lot improvement proposing the combination of two (2) parcels located at 19 Trails End Road, Kerhonkson, NY into one +/- 3 acre parcel by lot line deletion. Parcels are Parcel A: S/B/L 59.12-1-1 (+/- 1.33 acres), and Parcel B: S/B/L 59.12-1-2 (+/- 1.77 acres). Both parcels are in the R-2 zoning district and Parcel A has a single family dwelling, Parcel B is vacant land
Location: 19 Trails End Road, Kerhonkson, NY
S/B/L: S/B/L 59.12-1-1 & S/B/L 59.12-1-2
Zoning District: R-2
Zoning Permit filed: 3/30/2020 SEQR Type: Type II by definition
Planning Board Application #: 2020 – 04 LLI PB Application filed: 5/8/2020
* * * *
The Planning Board has reviewed the plat and certifies the lot improvement proposed will meet Town of Rochester lot requirements for the R-2 zoning district and, for recording purposes only, further represents an exempt lot improvement in accordance with Section 125-18 of the Town of Rochester Subdivision Regulations. No subdivision approval is required or given by the Planning Board. The Planning Board further grants the authority to the Chairman to sign the plat certifying the lot improvement for filing purposes without further resolution upon receipt and the Chairman’s determination such plat meets the requirements of the code is in agreement with the sketch plan provided for review.
The owner shall file in the office of the Ulster County Clerk such certified plat bearing the Chairman’s signature within 62 days of this certification. The owner shall have the responsibility to return four (4) Ulster County Clerk certified copies of the plat to the Town of Rochester Planning Board within 30 days of filing.
PB 2020-01 SPA Public Hearing/Continued Application
Bone Hollow, LLC c/o Barry Medenbach (dba Pataukunk House)
Site Plan Approval
The applicant proposes a change of use for the conversion of an existing 6 (six) bedroom single family residence with existing well and septic into a bed and breakfast facility. The existing 4 (four) upstairs bedrooms are to be rented, with the innkeeper residing on the first floor. The parcel is located at 322 Clay Hill Road, Kerhonkson, NY (S/B/L76.5-2-39.1 +/-0.67 acres). The parcel is within 500 feet of a UC AG-3 District, contains prime farmland, fronts the Long Path Trail and is in the Aquifier Overlay (AP District).
SEQRA: Type II
Mr. Barry Medenbach and Ms. Jessica Medenbach were present on behalf of the application.
Chair Lindstrom stated that she didn’t see any lighting for the parking area,etc on the plans.
Mr. Medenbach explained there was a light on the outside door that would shed enough light on the parking area as well as another door with a light on the other side of the house. He said the didn’t want to do area lights due to not wanting to disturb the neighbors.
Chair Lindstrom stated that he should call those lights out on his final plans.
Chair Lindstrom opened the public hearing.
Mr. Glenn Lawson stated he lived next door to the property and he did not feel a B&B was needed in the neighborhood. He stated he did not want his property taxes to go up because of the proposed project and that Mr. Mendebach did not live on the property but his daughter, Jessica did, along with her boyfriend and they had been rude and disrespectful to him. He said again that he was totally against this and did not want property taxes to rise. He said he had waved at Ms. Mendebach and her boyfriend just the other day and they completed ignored him and they want to run a business? He said they were totally disrespectful.
Chair Lindstrom stated that what Mr. Lawson was commenting about was not a Planning Board issue. She explained the Board dealt with following the code, if there was anything about a project that was unsafe such as increase in traffic or bad site jobs, etc. She told him to address his issues with Ms. Medenbach on the side.
Mr. Lawson went on to state there was a disrespect issue and he didn’t understand how they intended to run a business when they couldn’t run their own lives.
There were no futher comments from the public.
Chair Lindstrom made the motion to close the public hearing. Mr. Williams seconded the motion.
Roll Call:
Chair Lindstrom- Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
Mr. Buchbinder- Yes
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.
Chair Lindstrom read the decision:
Decision 2020-01 SPA
Site Plan Approval Final Approval
Applicant: Bone Hollow, LLC c/o Barry Medenbach (dba Pataukunk House)
Reason for Request: The application proposes a change of use for the conversion of an existing 6 (six) bedroom single family residence with existing well and septic into a bed and breakfast facility. The existing 4 (four) upstairs bedrooms are to be rented, with the innkeeper residing on the first floor. The parcel further contains and lawn/landscaped area.
Location: 322 Clay Hill Road, Kerhonkson, NY
S/B/L: S/B/L 76.5-2-39.1
Total Acreage: ± 0.67 acre parcel
Zoning District: Parcel is R-1 zoned (neighborhood residential district)
Code Enforcement Determination: Site Plan Approval
Zoning Permit: 043 of 2020, filed 2/12/2020
Planning Board Application: 2020-01 SPA
PB Application filed: 2/12/2020
EAF filed: 2/12/2020
SEQR Type: Type II
Other Referrals: N/A. Action exempt from referral to Ulster County Planning Board
Documents considered by the Planning Board for review for the application:
1. Zoning Permit 20/043 Site Plan Approval dated 2/12/2020
2. Planning Board Special Use/Site Plan application 2020-01 SUP/SPA – dated 2/12/2020
3. Site Plan for parcel – received 4/6/2020
4. Short Form EAF Part 1 – received 2/12/2020
5. Aerial View of parcel – 2/12/2020
* * * * * * * *
Notice of Public Hearing:
1. Published in the June 4th, 2020 edition of the Shawangunk Journal.
2. Notice by mail to known landowners within 500’.
3. Posted on the T/ Rochester Clerk bulletin board and Town of Rochester website.
Date of Public Hearing: 6/8/2020 Place: Virtual Meeting, Accord, NY
Public Comment: see Minutes of Town of Rochester Planning Board, June 8th, 2020
* * * *
Findings of the Planning Board with review of the application:
1. The Planning Board received a zoning referral for the approval of a Site Plan for a change of use for the conversion of an existing 6 (six) bedroom single family residence with existing well and septic into a Bed and Breakfast facility. The existing 4 (four) upstairs bedrooms are to be rented as bed and breakfast rooms and the innkeeper shall reside on the first floor.
2. The parcel presently contains the existing single family residence to be converted into a bed and breakfast, with a crushed stone parking area for 4 cars. The parcel further contains accessory storage structure and a vegetable/lawn/landscaped area.
3. . The use is a permitted use in an R-1 zone with site plan review.
4. The Planning Board received a Site Plan and Special Use application, EAF, aerial photograph/site plan overlay of the site, and a site plan of proposed use from the applicant, cited above.
5. The applicant demonstrated that there will be no exterior changes to the single family residence. The applicant submitted a site plan reflecting updated parking, noting 4 crushed stone parking spots as required by code on the side of the structure, with room for 2 staff parking spaces on the lawn.
6. The parcel to be developed is known as SBL 76.5-2-39.1
7. The proposed use is compliant with all articles of §140-20 General Commercial and Industrial Standards
8. SEQRA Review was conducted on 5/11/2020 and typed as a Type II Action. No further action was required by the Planning Board.
9. A public hearing was held.
Draft findings were prepared by the Chairman and were read, discussed and amended by the Planning Board.
Adopted June 8, 2020
Ayes: 7 Nays: 0 Absent: 0
Motion to adopt findings by: Mr. Buchbinder
Second by: Mr. Williams
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Site Plan–Final Approval for a Bed and Breakfast Use on +/- 0.67 acres of property located 322 Clay Hill Road, Kerhonkson, NY, S/B/L 76.5-2-39.1, a R-1 zoning districts of the Town of Rochester.
Site Plan dated __4-16-2020_ is approved with the following conditions:
CONDITIONS of APPROVAL:
1. All Local, County, State, and Federal Laws or Codes shall be complied with for the current or future use of these lands.
2. Any and all fees due to the Town of Rochester involving this application shall be paid in full prior to the Chair’s signature on the Site Plan.
3. 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.
4. Before being issued a Certificate of Occupancy, the Limited Liability Corporation (Bone Hollow LLC) operating the Bed and Breakfast shall show proof to the Code Enforcement officer that the owner/manager is a member of the managing LLC (Bone Hollow LLC).
5. Parking for the Bed & Breakfast shall only be allowed in the spaces designated on the approved and signed site plan. Parking shall not be allowed within the public right-of-way or within designated Site Plan traffic aisles at any time. Pathways from the indicated parking shall be well illuminated and shall adhere to §140-20 (H) Lighting.
6. The proposed use must remain compliant at all times with all articles of §140-20, General Commercial and Industrial Standards.
7. If signage is desired in the future, all signage shall require a sign permit and shall be compliant with all articles of §140-21, Signs
8. Any and all other agencies’ permits or approvals which are currently required or any which may be determined in the future to be required in conjunction with the construction and/or operation of this use shall be secured or renewed as applicable. Should any conditions imposed by other agency permits cause conditions to be in conflict, the more restrictive condition shall prevail. Should any permit approvals necessitate a change to the approved Site Plan, the matter shall be referred to the Planning Board for consideration.
The Town of Rochester Planning Board further grants the authority to the Chairman to certify condition 2 has been completed without further resolution and to sign and date the plat at such time.
EFFECT of APPROVAL:
1. 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(s) shall occur.
2. This approval shall remain effective as an authorization to secure the required permits and establish the use(s) for a maximum of one year from this date of approval unless the applicant shall have submitted written request and the Planning Board shall have adopted such resolution granting an extension and provided the applicant has submitted proof of having diligently pursued the implementation of the plans.
Draft resolution was prepared by the Chairman and was read, discussed and amended by the Planning Board.
Adopted June 8th, 2020, by the following vote:
Ayes: 7 Nays: 0 Absent: 0
Motion made by : Mr. Williams
Seconded by: Chair Lindstrom
PB 2020-02 SUP New Application
William Cafiero (dba Prop William Cafiero, LLC), Owner
Willingham Engineering, Applicant
Special Use Permit/Site Plan Approval
The applicant proposes the construction of a 1,250 sq. foot Deli with Drive Thru capabilities. The existing parcel is a vacant partially asphalted lot. The parcel is located at 6122 NYS County Route 209, Kerhonkson, NY, S/B/L 76.1-3-33 (+/- 1.3 acres). The Parcel is in the B-Business zoning district and fronts Rte. 209, a NYS scenic byway.
SEQRA: TBD
Mr. Cafiero was present on behalf of the application.
Chair Lindstrom explained what the application was about and noted it was where the old Rainbow Diner use to be.
Mr. Cafiero explained that he wanted to do a drive-thru deli/cafe with about 15 seats inside. He stated they would redesign the footprint of the old Rainbow Diner. He noted his site plan was done and he had already been in contact with the proper personnel for the NYSDOT, due to two of the turns leading into the proposed parking lot, and Ulster County Health Department for the septic.
Mr. Pinsky asked Mr. Cafiero a multitude of questions including: what his experience consisted of, how many employees full or part time, why a drive-thru and would the ingredients used be locally sourced.
Mr. Cafiero stated he owned another deli on Route 28 and built it 18-years ago, and had worked with an engineer. He stated he knew a little about site plans when it came to houses, but he would work with an engineer again for this proposed project. He said they would be opened 6am-8pm and would need about 6 employees. They would be closed Sundays. He stated weather the employees were part/full time would be dependent on how busy they were. He said he wanted to do a drive-thru deli because of the one he had on Route 28 and especially during, presently, the Covid-19 pandemic there was an influx of business. Mr. Cafiero said he intended to use as many locally sourced ingredients possible.
Mr. Pinsky asked Mr. Cafiero about menu and time of construction.
Mr. Cafiero said they would do breakfast sandwiches in the morning hours as well as have daily evening specials along with a lunch menu with deli sandwiches, etc. He stated he would like to open by January 2021 so there would be around 4 months of construction.
The Board had a lengthy discussion regarding the site plan. There were issues with the set-up of the building along with traffic flow, parking lot etc. It was suggested to set up a Gateway Meeting with the County Planning Board and any involved agencies (NYS DOT, Health Dept, etc) and then re-visit the application.
Mr. Cafiero stated he would be willing to have a gateway meeting.
Chair Lindstrom stated they would set one up.
There was no further discussion.
PB 2020-03 SUP New Application
Linda Bradford (Stone House Tavern) dba AlanLinda, LLC
Special Use Permit/Site Plan Approval
The applicant proposes the construction of 21 feet of stairs (with landings to code) and a railing to a gravel area with 4 picnic tables up the hill behind the existing restaurant. The parcel is located at, 4802 NYS County Route 209, Accord, NY (S/B/L 69.3-2-24 +/- 5.7 acres). The parcel is R-2 zoned and the use is a nonconforming use and structure (grandfathered). 140-42 Changes, Additions and Expansions under Article 6 Non-Conforming Uses and Structures stipulates any changes, additions and/or expansions to nonconforming uses shall be considered Special Uses and reviewed as such. The Parcel fronts Rte. 209, a NYS scenic byway
SEQRA: TBD
Ms. Linda Bradford was present on behalf of the application.
Chair Lindstrom explained the application and why Ms. Bradford needed to appear in front of the Planning Board. She stated Ms. Bradford’s proposal was making an already non-conforming use even more non-conforming due to the fact that the restaurant was in a residential zoned district but had been grandfathered in.
Ms. Bradford stated what they wanted to do was pretty simple. She said it was an urgent situation to help save their business. She stated the outdoor seating area would be for people ordering take-out. She said they loved the hill as a location and they no longer intended to build a deck, just landing and stairs, because of the leech field.
Mr. Jones asked if it would be temporary.
Ms. Bradford said they needed it right now and would be used after the current Covid-19 pandemic restriction’s were over.
Chair Lindstrom noted at absolute best there would be at least two more months of review with the Board. She stated by the time the application got through the review requirements, restrictions and regulations could be changed, and the outdoor seating would no longer be needed. She suggested building a deck attached to the building, that wouldn’t just be used temporarily. Chair Lindstrom asked about parking and handi-cap accessibility.
Ms. Bradford said there would be handi-cap accessibility and parking accessed on Sand Hill Rd.
Chair Lindstrom stated that didn’t seem like a good practice and she wondered about what liability there would be with people walking up and down 21 stairs, with food and drinks, especially after drinking. She also wondered what would happen when it rained and the steps got slippery.
Mr. Pinsky asked if the stairs would be able to comply with the 6 ft. Social distancing order.
Ms. Bradford said they had not taken that into consideration.
Mr. Buchbinder asked if there was some way they could do something that didn’t require having to go in front of the Board, maybe creating a pathway of some sort.
Attorney Christiana stated that was something they would need to discuss with the code enforcement officer.
There was a discussion about what would be needed if they did intend to go forward with the Planning Board for review including a proper surveyed map with parking, etc for approval.
Mr. Buchbinder stated Ms. Bradford should get in touch with the code enforcement officer and discuss what her options were, without having to come back in front of the Board.
ADJOURNMENT:
Mr. Buchbinder made the motion to adjourn the meeting at 8:43pm. Chair Lindstrom seconded the motion.
Roll Call:
Chair Lindstrom- Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
Mr. Buchbinder- Yes
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.
Respectfully Submitted,
Brianna Tetro, Secretary
Adopted and Accepted, July 13th, 2020