Planning Board Minutes Mar. 2015

PLANNING BOARD

TOWN OF ROCHESTER

ULSTER COUNTY

ACCORD, NEW YORK

(845) 626-2434

torpbzba@hvc.rr.com

 

MINUTES OF March 9, 2015 the Town of Rochester PLANNING BOARD, held at the TOWN HALL, Accord, NY, 7PM.

 

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

 

The Secretary did roll call attendance.

 

PRESENT:                                                                                        ABSENT:                                                               Michael Baden, Chairman                                                                                               Fred O’Donnell, Vice Chair

Adam Paddock                                                                                                                                                                                                    Maren Lindstrom

John Dawson

Shane Ricks

Melvyn I. Tapper

 

Also present:

Rebecca Paddock Stange, Secretary. Mary Lou Christiana, Attorney for the Town. Patrick Williams, Alternate.

 

ANNOUNCEMENTS and COMMUNICATIONS

  • Town Board adopted Chapter 125 and Chapter 140 revisions Dec. 2014 – New printed copies were distributed to Planning Board Members.

 

TRAININGS

  • March 19 6:30 pm – 8:30 pm      Farm & Home Center, Millbrook, NY            Free

Register online at: https://greeninfrastructureforum.eventbrite.com

  • Reviewing Stormwater Management in Site Design: A Guide for Planning Board Members.

 

  • Orange County Municipal Planning Federation – 2015 Spring Planning and Land Use Courses

www.orangecountygov.com/ocmpf for full details or phone: 845-615-3840

  • March 19, 25, 31 & April 15 7:00-9:00pm    $20 fee

Evening Sessions (Each session covers a different topic)

  • March 20th 8:30am–4:00pm          $40 fee (includes breakfast & lunch)

Integrating Clean Energy into your Community

 

ACTION ON MINUTES

Mr. Dawson motioned to accept the Joint Meeting Minutes of September 16, 2014 where the Board met with the Town of Wawarsing Planning Board in Wawarsing, seconded by Mr. Ricks. No discussion.

Vote:

Baden:            Yes                                                                  Tapper:          Abstain

O’Donnell:     Absent                                                            Ricks:                         Yes                             

Dawson:         Yes                                                                 Paddock:        Yes

Lindstrom:     Yes                                                                 

 

Motion carried. 5 ayes, 0 nays, 1 absent, 1 abstention

 

 

 

Mr. Dawson motioned to accept the November 10, 2014 Minutes, seconded by Ms. Lindstrom. No discussion.

Vote:

Baden:            Yes                                                                  Tapper:          Yes

O’Donnell:     Absent                                                            Ricks:                         Yes                             

Dawson:         Yes                                                                 Paddock:        Yes

Lindstrom:     Yes                                                                 

 

Motion carried. 6 ayes, 0 nays, 1 absent, 0 abstentions

 

Mr. Dawson motioned to accept the Minutes of the Joint Dollar General Public Hearing, December 11, 2014, seconded by Mr. Paddock. No discussion.

Vote:

Baden:            Yes                                                                  Tapper:          Abstain

O’Donnell:     Absent                                                            Ricks:                         Yes                             

Dawson:         Yes                                                                 Paddock:        Yes

Lindstrom:     Yes                                                                 

 

Motion carried. 5 ayes, 0 nays, 1 absent, 1 abstention

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PB 2015-01 LLI                                 New Application

Lot Improvement – Lot Line Adjustment

Elbert/Wilma DeJager and Elbert/Wilma DeJager

Propose conveyance of +/- 2.432 acres involving two contiguous lots.

2880 Lucas Tpke., S/B/L #77.001-2-33.119 and #77.1-2-32.1/32.2, ‘AR-3’, ‘AP Overlay’, and ‘FD Overlay’ zoning districts

 

Mr. and Mrs. DeJager were present on behalf of their application.

 

Chairman Baden noted that they had done a lot line adjustment in October 2014 and now want to adjust things a little more.

 

Mr. DeJager noted that he wanted to add +/-2 acres to lot 3 coming off of the +/-44 acre lot across the road.

 

Chairman Baden noted that right now the lot labeled as 2.4 acres is land hooked to the larger lot, but it is bisected by the rail trail which is owned by the County. This makes total sense. Now everything on one side of the rail trail will be one parcel and it meets the Zoning standards and there are no issues.

 

Mr. Ricks motioned to certify the Lot Line Improvement, noting that this is a Type 2 Action under SEQRA. Seconded by Mr. Dawson. No discussion.

Vote:

Baden:            Yes                                                                  Tapper:          Yes

O’Donnell:     Absent                                                            Ricks:                         Yes                             

Dawson:         Yes                                                                 Paddock:        Yes

Lindstrom:     Yes                                                                 

 

Motion carried. 6 ayes, 0 nays, 1 absent, 0 abstentions

 

 

PB 2015-02 LLI                                 New Application

Lot Improvement – Lot Line Adjustment

Nelson DeGondea and David Schultz

Proposes conveyance of +/- 1.08 acres involving two contiguous lots

Right-of-way accessed by Pond Road, S/B/L #52.20-1-8.1 and 52.20-1-8.2, ‘R-2’ zoning district

 

Mr. DeGondea and Mr. Shultz were present on behalf of the application. Mr. DeGondea was the owner of lot 1 and Mr. Shultz was the owner of lot 2. The line change is a flat part of a field of slope. He doesn’t use it anymore, and Mr. Shultz wants to put a garage there. They went with the new lot line to follow right of way of the road.

 

Chairman Baden noted that the easement over lot 1 to lot 2 carries over, as well as lots 3 and 4.

 

Mr. DeGondea noted that those were filed when he did the original subdivision.

 

Chairman Baden noted that this was in the R-2 Zoning District, so both lots meet the standards.

 

It was agreed that this was a better layout.

 

 

Mr. Dawson motioned to certify the Lot Line Improvement, noting that this is a Type 2 Action under SEQRA. Seconded by Ms. Lindstrom. No discussion.

Vote:

Baden:            Yes                                                                  Tapper:          Yes

O’Donnell:     Absent                                                            Ricks:                         Yes                             

Dawson:         Yes                                                                 Paddock:        Yes

Lindstrom:     Yes                                                                 

 

Motion carried. 6 ayes, 0 nays, 1 absent, 0 abstentions

 

PB 2015-03 LLI                                 New Application

Lot Improvement – Lot Line Adjustment

Appeldoorn Farm LLC  and Appeldoorn Farm LLC c/o Floyd Lattin

Proposes conveyance of +/- 0.78 acres involving two contiguous lots

Route 209 and Whitfield Road, S/B/L #77.1-1-8.11 and 77.1-1-8.12, ‘AR-3’, ‘AP Overlay’, and ‘FD Overlay’ zoning districts

 

Patti Brooks from Brooks and Brooks Land Surveyors was present on behalf of the application. She noted that +/-.78 acres from Lot 1 is being transferred to Lot 2.  They will maintain a 111’ setback from the new line to the existing stone house to protect the view shed from the stone house on Lot 1 out towards the road. This property has a conservation easement with OSI and they have submitted a letter with no objection.

 

Chairman Baden noted that this action meets the zoning standards.

 

Mr. Dawson motioned to certify the Lot Line Improvement, noting that this is a Type 2 Action under SEQRA. Seconded by Mr. Paddock. No discussion.

Vote:

Baden:            Yes                                                                  Tapper:          Yes

O’Donnell:     Absent                                                            Ricks:                         Yes                             

Dawson:         Yes                                                                 Paddock:        Yes

Lindstrom:     Yes                                                                 

 

Motion carried. 6 ayes, 0 nays, 1 absent, 0 abstentions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PB 2014-03 LLI                     Continued application

Lot Improvement – Lot Line Adjustment

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

Proposes conveyance of +/- 0.138 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, Located within the 100 year flood plain, Located contiguous to the Town of Wawarsing

 

PB 2014-04 SUP                    Continued Application

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, Located within the 100 year flood plain, Located contiguous to the Town of Wawarsing

 

 

Mr. Lanc of Lanc & Tully Engineers was present on behalf of the Town.

 

Mr. Marshall, Engineer was present on behalf of the application.

 

Chairman Baden noted that he knows that there have been some changes. Wawarsing gave a conditional Site Plan Approval in January 2015. They passed a Negative Declaration in December, which was amended in January because it was not clear in the document that the Lot Line improvement was included. The original application began in 2013 with the old SEQRA Forms, so Wawarsing was working off of the old forms. He asked them to clarify considering the Lot Line Adjustment in their forms. They did to reflect that.

 

Mr. Marshall noted that changes were made to address Mr. Lanc’s comments. Most of them were technical clarification in calculations. The main change that they made to the plans is the lighting on the site. The codes for both Towns restricted the light pole elevations to not exceed the building height. With the limited building height being 18’8”, they could not exceed that. So they revised the lighting plan so that the fixtures were a maximum height of 18’. They will be 8” below the elevation of the building. There are a couple more fixtures. They back shielded the fixtures so that there would be no spill over into Route 209 or Webster Avenue. It adds a couple more light poles, but still limits the height.

 

Chairman Baden questioned if the County’s comments were followed in terms of the lights? Were they LED?

 

Mr. Marshall replied that they will be metal halides, which is also mentioned as an option in the County’s comments. They prefer LED’s, but they do mention that metal halides will be acceptable. They are full cut off, downward facing. They meet the dark sky compliant.

 

Chairman Baden asked that in the final submittal that they send the new cut sheets. If the Board is ready, he’d like to move forward with a conditional decision tonight and part of the conditions would be to submit the final plans.

 

Mr. Lanc had not seen the revised plans yet with the revised lighting. Lot Line adjustment comments have been satisfied. Regarding the comments about the commercial site plans, his comments 1-3 and 5 from January 8, 2015 comment letter have been satisfied. There is a note regarding sheets 1, 3, 6, and 9 stating see sheet number 2 and it should be changed to number 3. The time for the monument sign to remain lit should be discussed, the same with the parking lights.

 

Chairman Baden noted that the parking lights are in both towns. Wawarsing gave their conditional approval and one of their conditions was that they meet all of Rochester’s conditions as well. In the letter, what he proposed to Wawarsing before they voted and what he plans to propose the Rochester’s decision is that the sign and the parking lights both are allowed to be lit one hour before opening to one hour after closing and at all other times it would be dark. If it were opening at 8am and closing at 10pm they would be allowed to be on from 7am-11pm. That gives enough time for the employees to leave. When it’s not operating, he doesn’t see any reason for the parking lot to be lit. The security lights on the building are a different thing. They have wall pack security lights, but in terms of the parking lights, there is no reason to have them lit all night. There is no overnight stocking. The monument sign by the road is going to be very prominent and when it doesn’t need to be lit, he thinks that would minimize the impact. That will be one of the conditions in the decision.

 

Mr. Lanc continued and noted that they added sheet number 2, so they now had 10 sheets. The plan basically shows the existing conditions. He requested that all property corners be monumented when construction is finished. #6- the loading space is now shown and will be marked on the pavement. There was no requirement in the code for striping or delineated that way, but it makes sense. They also reviewed the cost estimate requirement. There were some errors that they fixed.

 

Chairman Baden noted that the cost estimate is a Town of Wawarsing requirement.

 

Mrs. Christiana, Attorney for the Town noted that it was actually for safety reasons should they abandon the project and have a hole there. They require a percentage of the cost to protect everyone.

 

Chairman Baden noted that it doesn’t affect Rochester because they don’t have this requirement in the code.

 

Mr. Lanc noted that the height of the light poles has been addressed. There is also a requirement for escrow funds for inspections to be done during and after construction. Rochester doesn’t have this requirement, but he will be making inspections in both towns because the project is in both towns. They also require payment of outstanding fees and that the Lot Line Improvement needs to be signed and transferred to Gilles before the site plan can be signed.

 

Mr. Marshall noted that they had no problems with any of these comments.

 

Mr. Lanc noted that they reviewed the porous pavement and maintenance of that and had Mr. Marshall add that to the plan. If it’s not properly maintained, it no longer is porous and does not serve its intended purpose. These notes will be added to sheet 5 of 10. The maintenance document will be filed with the County Clerk.

 

Ms. Lindstrom questioned how long Dollar General would be leasing it for?

 

Mr. Marshall noted that he wasn’t sure, but it’s usually 15 years.

 

Mr. Lanc also noted that the propane tanks would need to be strapped down to concrete as they were located in a flood plain and if they weren’t strapped down and it flooded, they could float away.

 

Mr. Paddock questioned if  they had decided on the final rendering with the Town of Wawarsing on what it would look like?

 

Mr. Marshall noted that it hasn’t changed since the December 11, 2015 public hearing. The only difference is that the rendering showed a solid sign, and it’s actually individual letters.

 

Chairman Baden questioned if the monument sign would be internally lit?

 

Mr. Marshall answered yes, with a yellow background and black letters.

 

Chairman Baden thanked the applicant for granting a 30 day extension for the Board to make a decision. There were 2 meeting cancellations due to inclement winter weather.

 

At this time the Board reviewed the draft decision as follows:

Motion:

To accept the Ulster County Planning Board comments of “Required Modifications” which have been addressed as follows:

  1. Lighting

Comment:

All luminaires should meet the “fully shielded” definition adopted by the International Dark Sky Association (IDSA) or be an approved fixture of IDSA. Where Metal Halide (MH) or Light Emitting Diode (LED) lamps are not proposed the applicant should be required to provide reasons why they were not chosen. MH and LED luminaires produce a more natural light (true color) as opposed to the yellowish-light of either high or low pressure sodium. Studies have shown that lower light levels are needed for this type of light than the yellowish light produced by HPS lamps. The LED fixtures are also more energy efficient, have a longer lamp life, and can be teamed with solar to add to project sustainability.

Response :

Applicant states all luminaries will be full-shielded and full cut-off. All fixtures with the exception of the monument sign and wall lettering sign will be metal halide fixtures (MH). Monument sign and wall lettering sign will be fluorescent interior illuminated.

 

  1. Fire Safety

Comment:

A response and approval from the local fire district should be obtained prior to granting any final approvals for this project.

Response:

The Chiefs of both Kerhonkson and Accord Fire Districts were consulted and indicate approval with minor suggestions of installing a Knox Box for access.

 

  1. Signage

Comment:

Per the above discussion, all signage details will need to be provided. Also, in order to maintain the neighborhood character desired in the Hamlet of Kerhonkson and that of both Town’s Comprehensive plans, all signage should conform to the size regulations of the local statutes. The free standing should be limited to a conforming-sized monument style sign.

Response:

Signage details have been provided which conform to the codes of T/ Wawarsing and T/ Rochester. The free standing sign is a conforming-sized monument style sign.

 

Adopted March 9, 2015

Ayes: 6                   Nays: 0                Absent: 1 (Mr. O’Donnell)

  

Motion to adopt Required Modifications by Mr. Dawson                       Second by Mr. Ricks

 

 

 

 

 

 

Findings of the T/ Rochester Planning Board

  1. Prior to application being submitted to the T/ Rochester, the proposal was referred by the T/ Wawarsing Planning Board on 4/05/2013 requesting comment on an application received by that agency. The proposed project was discussed by the T/ Rochester Planning Board on 4/09/2013 and comment letter returned. Significant change was made to the initial proposal during the T/ Wawarsing review.
  2. The T/ Rochester Planning Board received referral of zoning permit 77-2014 from the Code Enforcement Officer. The proposal for the parcel has been classified by the CEO as requiring Planning Board approvals for Lot Improvement and Special Use classified as the use “Retail and Service Establishment”.
  3. The application proposes new construction of a 9,224 square foot Dollar General retail store and associated parking/loading areas. The project additionally involves a lot line change between two parcels for the purpose of creating a joint access.
  4. The project site is located in both the Towns of Wawarsing and Rochester. Approval by both towns’ Planning Boards is required under their respective town codes. As the project site lies in two review jurisdictions, the T/ Rochester Planning Board has approval capacity over the land within the T/ Rochester. T/ Rochester code identifies Special Use approvals as also requiring Site Plan approval. The Lot Improvement involves land entirely in Rochester. Wawarsing requires Site Plan approval.
  5. An independent T/ Rochester application was presented 6/03/2014 by Primax Properties, LLC on behalf of property owners David and Claudia Waruch and Eric Gilles.
  6. SEQR Short Form EAF, proposed Site Plan, and other related documentation including details of access, parking, stormwater, water and sewer, landscaping, lighting, signage, erosion and sediment control, and building facade was received from the applicant during the course of the Planning Board review.
  7. As reported by the applicant, Dollar General is a national company with over 10,000 stores located in 40 states. Dollar General retail stores are general-merchandise stores selling a variety of name brand and generic items. The store will provide a local convenience to purchase general merchandise. Dollar General stores typically employ 8-12 people. The typical store hours are from 8am to l0pm, 7 days per week.
  8. Lawrence Marshall, PE of Mercurio, Norton, Tarolli, Marshall Engineering – Land Surveying (MNTM) is representative for the applicant.
  9. Lanc & Tully Engineering and Surveying, PC has been retained by both Planning Boards as the consulting engineering and planning firm for the purposes of this review.
  10. As determined by the Chairman, applicable T/ Rochester code subsections are as follows: Site Access (§140-17), Parking (§140-17), Loading (§140-17), Landscaping (§140-15), Overlay Districts – Aquifer Protection and Floodplain Development (§140-18), General Commercial Standards (§140-20), Monument Sign (§140-21), Stormwater Management (§140-22), Special Use and Site Plan (§140-45 through §140-56), and Lot Improvement (§125-18). All remaining areas of review shall be by advisement to the T/ Wawarsing Planning Board.
  11. The requested action involves three tax map parcels of land designated as parcels 76.13-3-21 in T/ Wawarsing and 76.9-2-39 & 40 in T/ Rochester.
  12. The parcel is a corner lot with road frontage on the west side of NYS Route 209 and north side of Webster Avenue. These highways are maintained by the NYS DOT and T/ Wawarsing, respectively. Both frontages exceed zoning district required standards.
  13. The project site, as proposed, involves 1.253 acres of land, 1.028 acres in T/ Wawarsing and 0.225 acres in T/ Rochester. The total area of the development site is 1.391 Acres.
  14. The Lot Improvement involves the conveyance of .138 acres between lots 76.9-2-39 & 40 in T/ Rochester. Resulting deed descriptions of the lot boundaries and shared access easement descriptions have been prepared and provided.
  15. The parcel’s existing use is vacant land with some existing improvements on the parcel. A masonry block structure and the remains of a concrete slab are located on it. There is an informational sign located on the property which is proposed to be removed. Underground utilities exist on or along the property, including communication cables, water lines, and sewer lines.
  16. There exists a 20’ wide utility easement in favor of NY Telephone Co. which runs along an existing utility pole line belonging to Central Hudson Gas and Electric Corp.
  17. The parcel is located in the ‘H’ zoning district pursuant to the T/ Rochester zoning code and the ‘MU’ zoning district pursuant to the T/ Wawarsing code.
  18. The Northwest boundary of the Gilles parcel runs generally along the centerline of a small creek. The parcel is additionally located in the T/ Rochester ‘FD Overlay’ zoning district as it is partially located in the FEMA mapped flood zone, 36111C0570E, effective 9/25/2009. Additionally, a portion of this property falls within the 100-year flood zone identified as #3608670034B on T/ Wawarsing flood zone maps. The proposed structure is stated as being constructed at elevation 254.58 feet. The 100-year flood elevation is indicated as 252.2 feet.
  19. The parcel is additionally located in the T/ Rochester ‘AP Overlay’ zoning district, however review of the use and proposal details indicate further administration of the AP Overlay zoning district standards is not required.
  20. The proposed project meets the development standards of the ‘H’ zoning district with the exception of lot coverage and lot width standards. The Planning Board determined no variances will be required due to project mitigation by the applicant. To address the lot coverage standard, the applicant has proposed the use of porous pavement for the area encompassed by 24 parking spaces. This offers relief from the standard as porous pavement is permeable and not considered a part of lot coverage calculations. To address the lot width standard, the Planning Board has taken into consideration the lot is one deed encompassing two parcels of land divided only due to the town boundary line bisecting the parcel.
  21. The applicant proposes cut and fill excavation to prepare the site for development. The middle of the property will be filled utilizing fill from the front and rear of the property.
  22. A Stormwater Pollution Prevention Plan has been developed and reviewed and accepted by the consulting engineer. Stormwater for the site will be collected and brought to the rear (northwest) side of the building. It will be conveyed to a bio-retention facility and then conveyed out down into the small stream in the back. Submission of SWPPP Notice of Intent to the NYS DEC is required.
  23. An erosion and sediment control plan has been prepared.
  24. The applicant proposes connection to T/Wawarsing municipal water line located across Route 209 on the south side and sanitary sewer located in Webster Avenue via the underground pipe connections. Approval and permit by that agency is required.
  25. The project proposes two 1000 gallon propane tanks to be buried underground.
  26. The project proposes a dumpster with a walled safety and security enclosure.
  27. The project proposes to construct a retaining wall of 2’ x 2’ x 4’ concrete retaining wall block to run along the rear of the site and the south west side along Webster Avenue. The retaining wall varies in height from nothing to a maximum exposed height of 7.5 feet.
  28. A joint vehicular access has been designed to provide access from NYS Route 209 for the proposed retail store and for the future development of lot #2 through a newly constructed access drive. This will be the sole vehicular access to the parcel and will be utilized by customers, employees, and delivery and service vehicles.
  29. The proposed access will be located approximately 260 feet northeast of the intersection of NYS Route 209 and Webster Avenue. The proposed entrance will be 30 feet wide. NYS DOT has granted conceptual approval and final approval and permit by that agency is required.
  30. The applicant proposes two 5 feet wide sidewalks to be constructed along NYS Route 209 and Webster Avenue.
  31. The parking/entrance area is proposed to be a mix of pavement types. NYS DOT asphalt, heavy duty asphalt, standard asphalt, standard concrete, and porous pavement shall be utilized. Parking area signage and pavement striping are indicated on the Site Plan.
  32. A loading pad area is proposed on the northeast corner of the structure utilizing heavy duty concrete pavement.
  33. The applicant states an expectation of two 53’ trailer deliveries per week. Additionally, there will be outside vendors making deliveries daily, usually with smaller delivery trucks. Deliveries will be made during regular business hours.
  34. The applicant proposes 38 parking spaces with the application. 53 parking spaces are required under the T/ Rochester and T/ Wawarsing codes. The applicant submitted written request on 7/10/2014 requesting relief from the number of required parking spaces based on analysis of customer use of existing Dollar General stores. A motion was adopted on 7/14/2014 by the T/ Rochester Planning Board to grant such parking waiver.
  35. 9 of the 38 parking spaces are located within the T/ Rochester. Of these, 6 spaces on the northeast side of the structure are adjacent to the loading area and will likely be blocked during deliveries. The applicant has indicated employees will be directed to park in these spaces.
  36. Landscaping detail, including planting table, planting types, and general notes has been provided. Along Route 209 there are proposed a series of hydrangeas, boxwoods and red twig dog woods between the sidewalk and the parking area. Various other landscaping features are proposed around the perimeter of the site.
  37. Exterior lighting detail has been provided. All sides of the building will have wall pack lighting fixtures. The fixtures are full cut-off, dark sky compliant. The applicant has agreed to amend the lighting plan to be in compliance with the T/ Rochester and T/ Wawarsing codes. There are now proposed six parking area lightpoles at a height of 18 feet. Previously proposed were five parking area lightpoles at a height of 25 feet.
  38. The applicant proposes a double-sided monument style sign which will utilize internal fluorescent lighting. This will be located in the T/ of Rochester. Additionally, the retail store structure shall contain a sign of individual internally illuminated letters located above the doorway.
  39. The building facade will be split faced block and a smooth face block with corner columns. There will be four decorative windows along the front facade. The applicant provided a rendering of the building showing the color. They provided samples of the block that would be used. The wainscot and the pilasters will be consisting of the split faced block on the bottom and above that will be two different colors of ground face block. This is very similar to what was recently installed at the AutoZone in Ellenville.
  40. Accord Fire District Chief replied with no fire safety and access concerns. The T/ Rochester Planning Board received notice the Kerhonkson Fire District Chief has no concerns, but does offer suggestion of the installation of a “Knox Box”.
  41. A “gateway discussion meeting” coordinated by the Ulster County Planning Department was requested and conducted on 6/10/2014 involving representatives from Ulster County Planning, NYS Dept. of Transportation, the T/s Rochester and Wawarsing Planning Boards and Zoning Boards of Appeal, the Attorney for the Town, and applicant representatives.
  42. A joint regular meeting of the T/ Rochester and T/ Wawarsing Planning Boards was convened on 9/16/2014.
  43. A joint public hearing of the T/ Rochester and T/ Wawarsing Planning Boards was convened on 12/11/2014.
  44. The T/ Wawarsing Planning Board circulated Notice of Intent to Seek Lead Agency for the purposes of SEQR review. Lead Agency was assumed and SEQR completed 12/16/2014 with the determination of Negative Declaration of an Unlisted Action.
  45. The Negative Declaration was amended 01/20/2015 to reflect the full action proposed was considered in the determination, including the Lot Line adjustment occurring solely in the T/ Rochester.
  46. The application was required by statute to be referred to the Ulster County Planning Board which returned a comment of “Incomplete”, dated 9/03/2014.
  47. The application was amended and re-referred to the Ulster County Planning Board which returned a comment of “Required Modifications”, dated 12/03/2014. The “Required Modifications” involve lighting, fire safety, and signage comments. The “Required Modifications” have been met by the applicant.
  48. The T/ Wawarsing Planning Board granted Conditional Approval for the Site Plan on 1/20/2015.
  49. The T/ Rochester Planning Board meetings of Jan. And Feb. 2015 were cancelled due to inclement weather. Primax Properties LLC, via email from Jeffrey Kaplan, project attorney, granted the Planning Board a 30 day extension to the requirement of a decision 62 days after the close of public hearing until March 13, 2015 due to the inability to convene the meetings.

 

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

 

Adopted March 9, 2015

Ayes: 6                   Nays: 0                Absent: 1 (Mr. O’Donnell)

  

Motion to adopt findings by Mr. Dawson                    Second by Ms. Lindstrom

 

 

Chairman Baden noted that the porous pavement is only where the cars park, not on the pathways that they travel.

 

Mr. Marshall noted that they placed it where they felt would be the least amount of traffic due to the delicate nature of porous pavement.

 

Mr. Lanc noted that if it gets blocked, it will act as regular pavement in regard to run off.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PB 2014-03 LLI         Lot Improvement      Certification

 

 RESOLVED,

        The Town of Rochester Planning Board has reviewed the plat dated 1/13/2015 and certifies the lot improvements proposed will meet Town of Rochester lot development standards for the ‘H’ zoning district as described in § 140-8 of the Town of Rochester zoning code and further represent an exempt lot improvement in accordance with § 125-18 of the Town of Rochester subdivision regulations. No subdivision approval is required or given by the Planning Board.

 

David and Claudia Waruch and Eric Gilles are authorized to commence action on the proposed Lot Improvement conveying .138 acres from Waruch to Gilles for the lands situate at US Route 209 and Webster Avenue, known as S/B/L #76.9-2-39 and 76.9-2-40, respectively, with the following conditions.

 

  1. Prior to the Chairman’s signature on the plat certifying the lot improvement for filing purposes, the Planning Board conditionally requires the following plat notations and statements be included and/or amended.
  2. “These plans are acknowledged by the Town of Rochester, and for recording purposes only, to represent an exempt lot improvement in accordance with §125-18 of the Town of Rochester Subdivision Regulations. No subdivision approval is required or given.”
  3. “This property contains land within the 100-year floodplain as depicted by FEMA on plate 36111C0570E 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.”
  4. Applicant shall include a map restriction to the effect the improvement parcel will never be considered a separate building lot apart from the tract to which it is being added.
  5. The owner name, liber and page information, and section/block/lot number shall be indicated on the plat for all contiguous properties including those opposite any roadways.
  6. The Attorney for the Town shall review and approve the joint access easement as proposed. The specific costs associated with this review shall be borne by the applicant.
  7. Any and all fees due to the Town of Rochester involving this Lot Improvement application shall be paid in full prior to the Chairman’s signature on the plat.

 

The Planning Board further grants the authority to the Chairman to sign the plat certifying the lot improvement for filing purposes upon the addition of the statements and completion of requirements as described above without further resolution, provided the specific language of such statements shall be agreeable to the Attorney for the Town of Rochester. 

 

The owner shall file in the office of the Ulster County Clerk all deeds, easements, and the certified plat bearing the Chairman’s signature within 62 days of such signature.  The owner shall have the responsibility to return three (3) Ulster County Clerk certified copies of all documents to the Town of Rochester Planning Board within 30 days of filing.   

 

Adopted March 9, 2015

Ayes: 6                   Nays: 0                Absent: 1 (Mr. O’Donnell)

  

Motion to Certify by Mr. Dawson                  Second by Mr. Paddock

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PB 2014-04 SUP        Special Use and Site Plan     Conditional Approval

 

RESOLVED,

                The Town of Rochester Planning Board grants Special Use and Site Plan – Conditional Final Approval to Primax Properties, LLC as representative of Eric Gilles, owner, permitting the applicant to establish the use “Retail and Service Establishment” involving new construction of a 9,224 square foot Dollar General retail store, associated parking/loading areas, access to the public roadway, stormwater, utility, lighting, landscaping, signage, and other associated details for the lands situate at US Route 209 and Webster Avenue, known as S/B/L #76.13-3-21 (Wawarsing) and 76.9-2-40 (Rochester) and located in the ‘MU’ (Wawarsing) and “H’ (Rochester) zoning districts, respectively.

The Site Plan dated 1/13/2015 and all related plan documentation is approved with the following amendments and conditions of approval.

               

Conditions of Approval to be completed prior to Site Plan signature:    

  1. The land identified to be conveyed from Waruch to Gilles shall be transferred to Gilles.
  2. Three (3) Ulster County Clerk certified copies of the filed plat, deeds, and easements resulting from the land transfer shall be returned to the T/ Rochester Planning Board within 30 days of filing.
  3. Primax Properties, LLC or its assigns shall secure and submit proof of obtaining the property.
  4. Primax Properties, LLC shall secure, at minimum, conditional Site Plan approval from the T/ Wawarsing Planning Board and submit written copy of such to the T/ Rochester Planning Board. Any and all conditions imposed in the granting of such approval shall be made a part of this Special Use approval. Should any conditions imposed by such permits cause conditions to be in conflict, the more restrictive condition shall prevail.
  5. The Site Plan shall be specifically amended as follows.
    1. Metes and bounds information shall be added.
    2. GPS reference data shall be included for storm water outfalls and permanent storm water handling structures as per §140-46Q of the T/ Rochester zoning code.
    3. Maintenance guidelines and a maintenance schedule shall be prepared and included as a note on the Site Plan for the porous pavement area. Sand application shall be specifically limited since its use will increase the need for vacuuming. At a minimum, porous areas shall be regularly scheduled to be vacuumed 2 – 4 times per year, especially after winter and fall seasons when debris accumulation and deposition is greatest. Consulting engineer comments made by Lanc & Tully in comment letter dated 3/09/2015 regarding porous pavement shall be added or amended as detailed in such comment letter.
    4. The six parking spaces located northeast of the structure should be designated and labelled on the Site Plan as being “Employee Parking”.
    5. All amendments to the lighting and signage plans shall conform to the T/ Rochester code Chapter 140 and Ulster County Planning Board “Required Modifications”, respectively.
    6. Conditions of approval 14 – 25 adopted with this decision and remaining in effect so long as the approved use shall occur on the parcel, shall be specifically printed as Conditions of Approval on the Site Plan.
    7. Any and all T/ of Wawarsing conditions of approval specific to the proposed use shall be specifically noted as Conditions of Approval on the Site Plan.
  6. Any and all amendments to the Site Plan shall be reviewed and approved by the Planning Board’s consulting engineer and the Attorney for the Planning Board. The costs for the review shall be borne by the applicant.
  7. 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 Site Plan.

 

The Town of Rochester Planning Board further grants the authority to the Chairman to certify conditions 1 – 7 have been reviewed and completed without further resolution and to sign and date the Site Plan at such time.

 


Conditions of Approval required prior to construction/issuance of Certificate of Occupancy:

  1. 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 or Building Inspector.
  2. 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.
  3. The owner shall specifically secure a T/ Wawarsing building permit, a T/ Rochester building permit, T/ Wawarsing municipal water and sewer connection permit, Ulster County Health Dept. waste disposal permit (if determined required), permit for the burial of propane tanks (if determined required), and a NYS DOT access permit prior to start of construction or land disturbance. All conditions imposed in the granting of these permits shall be made a part of this Special Use approval. One copy of each approved permit shall be filed with the T/ Rochester Planning Board.
  4. The SWPPP Notice of Intent shall be submitted to the NYS DEC prior to start of construction or land disturbance. Any conditions imposed by this agency shall be made a part of this Special Use.
  5. Any construction or disturbance within the FEMA designated 100-year floodplain shall adhere to T/ Rochester code Chapter 81, Flood Damage Prevention, or its successors. The structure shall be certified as being constructed at elevation above the FEMA designated 100-year floodplain.
  6. All property corners shall be monumented after construction is completed.

 

Specific Conditions of Approval to remain in effect with the continued property use classification “Retail and Service Establishments”:

  1. Any and all conditions imposed by the T/ Wawarsing Planning Board in the granting of Site Plan approval.
  2. Signage and parking lighting shall be illuminated only during the time period of one hour prior to store opening through one hour after store closing. They shall remain dark during all other hours.
  3. There shall be no temporary signage displayed such as banners, pennants, or other advertising or informational signs, except that which is explicitly allowed under T/ of Rochester zoning code, either by right or with Code Enforcement Officer permit.
  4. There shall be no deliveries between the hours of 10PM and 6AM.
  5. Onsite parking shall be in approved Site Plan designated parking spaces only. All designated parking spaces shall be kept in safe and accessible condition, free from any obstructions. There shall be no use of designated parking spaces for any purpose other than vehicle parking, including display or storage of products, materials, or supplies.
  6. The loading space of 70′ by 14′ shall be delineated on the pavement with the lettering “Loading Area” and “No Parking”.
  7. There shall be no parking or standing permitted in any public road right-of-way, including delivery vehicles making deliveries. The designated loading area shall be the only location to receive deliveries.
  8. Sidewalks shall be maintained as per T/ Rochester code Chapter 121 and any applicable T/ Wawarsing codes.
  9. A location for customers who may travel via bicycle to safely secure their bicycles shall be established and maintained.
  10. The dumpster and related enclosure area shall be maintained in a safe and secure manner and remain inaccessible to non-employees at all times
  11. All landscaping, as identified on the Site Plan to be retained or added, shall be maintained and replaced if dead or diseased with like kind plantings.
  12. As per T/ Rochester code Chapter 140, all storm water management improvements shall be properly maintained so as to continue to perform in their intended manner. Sediment shall, at a minimum, be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.

EFFECT of APPROVAL:

  1. This Site Plan/Special Use approval and associated conditions shall be binding upon the applicant and all successive owners of the land so long as such use shall occur.
  2. 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 to expire March 9, 2016 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.                

 

 

 

 

Motion made by Mr. Dawson                      Seconded by Mr. Paddock

 

DISCUSSION:

Mr. Lanc questioned if they wanted to have a sign for employee parking since those spaces have the potential to get blocked by delivery trucks?  

 

Board Members agreed that they didn’t think it was necessary because those spots wouldn’t be ideal for customers to park in.

 

Chairman Baden requested a roll call vote

 

Chairman Baden noted that he was going to have to vote ‘No’ because he still feels that the truck traffic route is not a good plan and still unsafe and he sees potential problems with it that he has brought up at every meeting and was never shown an alternative plan by the applicant. For these reasons he would need to vote no.

 

Adopted March 9, 2015, by the following vote:

Ayes: 5                 Nays: 1 (Mr. Baden)                          Absent: 1 (Mr. O’Donnell)   

 

 

Minor Subdivision

Wilfred and David Neff

Proposes amended application for subdivision of land resulting in 4 lots. (Originally proposed as resulting in 3 lots.) 12 Pompey’s Cave Road, S/B/L #69.4-2-7.111, ‘AR-3’, ‘AP Overlay’ and ‘FD Overlay’ zoning districts, Located within Ulster County Ag District #3, Contiguous to Rest Plaus Historic District listed on the National Register, Located within the 100 year flood plain, Contiguous to the Town of Marbletown

 

Mr. Neff was present on behalf of his application.

 

Chairman Baden noted that we have received the revised plans to include lot 3, the parcel across Lucas Ave, this was a Type 1 Action because it is in the Rest Plaus Historic District and received a Negative Declaration.

 

Mrs. Christiana noted that the applicant needed to amend the EAF to show the 4th lot as shown on the revised plans and it could be done without recirculating.

 

Chairman Baden noted that they would do an amended Negative Declaration and Mr. Eggers, surveyor would amend the application and EAF showing 4, not 3 lots. The 4th lot is shown as the remaining lands, but it still needs to be accounted for because it’s part of the property being subdivided. The project contains property in the flood plain, and also in the Ulster County Ag District. The applicant has submitted the Ag Data statement and they had opened the public hearing back in July of 2014 and it has been kept open while the issue with the 4th lot was being resolved.

 

Mr. Neff noted that his brother’s house was built 45 years ago and at that time it only needed 1 acre of land and it was never deeded as a separate lot.

 

Chairman Baden agreed with this and noted that it was only found out by him speaking with Ulster County Real Property. Adding the lot into the subdivision makes sense. They would reschedule the public hearing and recirculate it to the bounding owners as it has been a while since it was first opened.

 

Mr. Paddock questioned if lot #2 was a peninsula?

 

Chairman Baden noted that each lot needs 3 acres, and in order to get that on lot #2, they needed more land and it also gave that lot creek access.

 

Mr. Dawson motioned to schedule the Public Hearing for the next regular Meeting in April. Seconded by Ms. Lindstrom.

Vote:

Baden:            Yes                                                                  Tapper:          Yes

O’Donnell:     Absent                                                            Ricks:                         Yes                             

Dawson:         Yes                                                                 Paddock:        Yes

Lindstrom:     Yes                                                                 

 

Motion carried. 6 ayes, 0 nays, 1 absent, 0 abstentions

 

Special Use

Frank Macagnone and Keith Eddleman aka Crested Hen Farms

Proposes expansion of use of an existing barn on a +/- 32 acre residential parcel for the use ‘Commercial Events Facility’ with parking and related supporting amenities, 607 County Route 6, S/B/L #77.002-2-12.11, ‘AR-3’, ‘AP Overlay’ and ‘FD Overlay’ zoning districts, Located in Ulster County Ag District #3, Contiguous to proposed Alligerville Historic District proposed listed on the National Register, Located within the 100 year flood plain

 

 

Mr. Macagnone, applicant, Mr. Medenbach, engineer, and Mr. Moriello, Attorney, were present on behalf of the application.

 

Mr. Medenbach noted that the project is simple. The applicant has farmland with multiple buildings on it and a large barn that he wants to use for special events such as birthdays and weddings. A good portion of the property is Agricultural and it will stay that way. There is also a conservation easement on the property, but they aren’t touching that area. The only construction on the parcel, which isn’t really construction is to designate an area in the field for valet parking. They would mow it down and level it up a little better. The events will be seasonal and in nice weather, so there will be minimal lighting. Just some low level lighting. They submitted a narrative on the project. They might have some outside events. If they had a wedding ceremony outside it would be just the wedding part of it. He believes that the barn has a capacity of about 100 people. If they have a bigger event they may put up a tent. They also have decided to not have any electrified music outside. It would be in the barn to not affect the neighbors. There would be no overnight accommodations and they were not even going to put any kind of plumbing in the barn. It would be all catered. The bride and wedding party wouldn’t be getting ready on site. It would be wherever they were staying. They were estimating 150 as the maximum guests and they have 50 shown parking spaces and are required to have 38. A lot of these events and weddings, people show up in a bus or in a group from a hotel. That seems to be the trend these days. A bus would be able to navigate the driveway. They might need to do something on the one turn, but it’s possible.

 

Chairman Baden noted that for the Board’s information this commercial events facility has been covered under 140-35 in the revised code. The number of events is limited to 12 events per calendar year. If they wanted more then they would have to go to the ZBA. This was previously written only with B & B’s and with the revision of the code, it was expanded for situations exactly like this applicant’s. It wasn’t allowed without being part of a B & B until the code update. The hours of operation are from 9am-11pm, with an hour allowed for setup and clean up from 8am-12am. The area for temporary parking needed to be shown, which it is. Temporary structures and sanitation facilities have been shown. All parking shall be off street and may consist of temporary parking within required yards which was also proposed. All temporary structures need to be removed within 4 days after each event and can remain in place for a maximum of 7 days all together.  Applicant has to comply with UCHD requirements and any other health and safety regulations. If they are looking to do more than 12 events per year, they would have to forward this on the ZBA for a Use Variance.

 

Ms. Lindstrom noted that the permit stays with the property so they could write something in the conditions about having no music outside.

 

Chairman Baden agreed with that. He also noted that this was in an Ag District and the applicant has submitted an Ag Data Statement. It is also in a proposed historic district in Alligerville. It’s currently on the docket in front of OPRHP to be included as an historic district in the Town, so with that, the Board will have to give it a Type 1 designation and they would need to fill out a long form EAF. The Board would also need to circulate notice of intent and send to the Ulster County Planning Board for comments. Other involved agencies would be UCHD and UCDPW. Interested agencies would include NYSOPRHP, Accord Fire District, DEC, UCPB, and the Town’s Historic Preservation Commission.

 

Mr. Dawson motioned to circulate intent for Lead Agency with a Type 1 Action. Seconded by Mr. Paddock. No discussion.

Vote:

Baden:            Yes                                                                  Tapper:          Yes

O’Donnell:     Absent                                                            Ricks:                         Yes                             

Dawson:         Yes                                                                 Paddock:        Yes

Lindstrom:     Yes                                                                 

 

Motion carried. 6 ayes, 0 nays, 1 absent, 0 abstentions

 

 

Mr. Dawson motioned to refer the application to the Ulster County Planning Board. Seconded by Mr. Ricks. No discussion.

Vote:

Baden:            Yes                                                                  Tapper:          Yes

O’Donnell:     Absent                                                            Ricks:                         Yes                             

Dawson:         Yes                                                                 Paddock:        Yes

Lindstrom:     Yes                                                                 

 

Motion carried. 6 ayes, 0 nays, 1 absent, 0 abstentions

 

 

Mr. Medenbach noted that the exterior to the Barn would look no different. There are some windows. They would remove the loft area and put in a slab floor. Outside area would be used for cocktails and they would change the doors.

 

Ms. Lindstrom questioned if sprinklers would be required?

 

Mr. Medenbach answered no, and that is according to their architect, Rob Dupont. The Barn was about 2,600 sf and is 84’ x 25’. Mr. Medenbach reiterated that everything will be brought in and catered including the drinking water.

 

Chairman Baden questioned where the catering tent would be and he’d want to see that on the plans. Even though there is only valet parking, he was certain that the County would want to see some sort of lighting in the parking area as well.

 

Mr. Ricks motioned to schedule the application for a public hearing at the Board’s April Meeting. Seconded by Mr. Dawson. No discussion.

Vote:

Baden:            Yes                                                                  Tapper:          Yes

O’Donnell:     Absent                                                            Ricks:                         Yes                             

Dawson:         Yes                                                                 Paddock:        Yes

Lindstrom:     Yes                                                                 

 

Motion carried. 6 ayes, 0 nays, 1 absent, 0 abstentions

 

Chairman Baden noted that the agencies would get 30 days to respond under SEQRA guidelines.

 

PB 2015-01 SUP                                New Application

Special Use

Woodstock Farm Sanctuary

Proposes new use of a +/- 100.5 acre parcel for ‘Animal Sanctuary’

Lucas Tpke, S/B/L #69.4-2-11.200, ‘AR-3’, ‘AP Overlay’ and ‘FD Overlay’ zoning districts, Contiguous to Ulster County Ag District #3, Contiguous to Rest Plaus Historic District listed on the National Register, Located within the 100 year flood plain, Contiguous to the Town of Marbletown

 

Doug and Jenny Abel were present on behalf of the application.

 

Mr. Abel noted that they have been running the sanctuary in Woodstock for 10 years and it’s gotten too small. They found Epworth and acquired the property in September and have waited for the Town to come up with a definition for Animal Sanctuary. They rescue animals and give educational tours, 4-10 weekends only. There will continue similar activities that were previously held at Epworth. They have proposed barns and have come up with a central parking area and want to keep the parking away from the entrance. There are a lot of  “moving parts” included in all that they want to do.

 

Chairman Baden noted that it was better to ask for everything that they want up front. Just about every agency will get involved in this application because of the location of the property.

 

Mr. Abel noted again that it would be similar to Epworth with camps, retreats, different events, tours. They tried to have school buses come in to their old place but the Town wouldn’t allow it. They would have overnight stay in the lodges and cabins that would be seasonal. It would be an environment where no animals would be eaten.

 

Chairman Baden questioned if they would hold weddings? If they were renting the property out, that would need to be discussed with the Code Enforcement Office because it might fall under a secondary use of special events and not fall under the animal sanctuary definition.

 

Mrs. Christiana noted that a wedding is not part of the educational facet associated with the animal sanctuary.

 

Chairman Baden agreed that the definition was written for the education aspect, but if it was just being rented out for events, that sounds like a different story.

 

Mr. Abel noted that Epworth is currently not on the tax roll and they have also applied to be tax exempt.

 

Chairman Baden noted that they needed to get all uses down and discussed with the Code Enforcement Officer for his determination on each use. They should do this before they go any further in the application process. He also suggested that they speak with Marbletown as the Town of Rochester has to refer it to them as part of the property is in the Town of Marbletown.

 

Mr. Abel also noted that he has 2 barns going up now. The barns are where the animals are going to live and he has building permits for them already and they aren’t part of the Special Use Permit.

 

Chairman Baden noted that they did need to be shown on the site plan as the Board needs a complete picture of everything on the property to take it all into consideration. As far as the barns being an agricultural use, that is up to the determination of the Code Enforcement Officer. If the public will access it the Board will need to ensure the safety of the public. And those buildings still have value in the calculation of the assessment.

 

Mr. Abel noted that Epworth has a private water supply and they will be doing compost for the animals. Would this involve the Ulster County Health Dept.

 

Chairman Baden replied to contact the Ulster County Health Dept. on those questions. The DEC and the UCHD would be the agencies to go to talk about and plan compost. The Board would need to see where they would be located on the site plan.

 

Mr. Abel noted that they would have cows, pigs, rabbits, ducks, turkeys, goats. They would also have fundraising events. One of their fundraisers had an attendance of about 1,500 people.

 

Mrs. Christiana noted that they would need to tell the Code Enforcement Officer all the potential uses and also about the fundraisers as with that many people they may need a Mass Gathering Permit.

 

Mr. Abel noted that they had other events that would attract about 250 people.

 

Chairman Baden noted that this was why he sent a letter to Mr. Abel advising him to make sure that all of his potential uses have been addressed by the Code Enforcement Office so that the Board has been properly directed in how to address each potential use.

 

Mr. Abel noted that he was in the process of compiling that list.

 

Chairman Baden noted that this application will be a Type 1, but at this point the application is too incomplete to move forward with the UCPB or SEQRA until they get all the information from the applicant. They needed to submit a full EAF and talk with Jerry about all of the additional uses prior to coming back.

 

Mrs. Christiana agreed with that noting that not all of these uses appear to fall under the Animal Sanctuary Definition and this was why it was important to make sure the CEO had the full scope of uses being applied for on the property.

 

Chairman Baden noted for the applicants to expand the narrative and speak with the CEO. The Board didn’t have enough information to move forward at this point.

 

OTHER MATTERS:

Chairman Baden noted that he was going to be away and unable to attend the April 13th meeting and wanted to know if it would be better for other members to move it to April 20th instead.

 

Other members agreed that would be a better date for them as well.

 

The Secretary indicated that she had a prior commitment on April 20th and was unable to attend a rescheduled PB meeting on that date. She blocks her calendar off for the scheduled meeting dates throughout the year, but can’t guarantee she’d be able to make rescheduled ones.

 

Chairman Baden understood this and noted that they would work on getting coverage for the meeting.

 

Chairman Baden motioned to reschedule the April Meeting to April 20, 2015 and direct the Secretary to circulate notice. Seconded by Mr. Dawson.

Vote:

Baden:            Yes                                                                  Tapper:          Yes

O’Donnell:     Absent                                                            Ricks:                         Yes                             

Dawson:         Yes                                                                 Paddock:        Yes

Lindstrom:     Yes                                                                 

 

Motion carried. 6 ayes, 0 nays, 1 absent, 0 abstentions

 

 

Chairman Baden motioned to change the Board’s Meeting location to the Community Center as that is where the PB Office is located and it just makes more sense than having the Secretary haul multiple boxes to a different building each month. This will be effective April 1st and the Secretary is to post notice of such. Seconded by Ms. Lindstrom. No discussion.

Vote:

Baden:            Yes                                                                  Tapper:          Yes

O’Donnell:     Absent                                                            Ricks:                         Yes                             

Dawson:         Yes                                                                 Paddock:        Yes

Lindstrom:     Yes                                                                 

 

Motion carried. 6 ayes, 0 nays, 1 absent, 0 abstentions

 

 

Attorney Discussion

Extension of approval PB2014-02 SBD – Minor Subdivision Approval

Approved June 18, 2014 with conditions – Expired Dec. 15, 2014

Lorin Conklin and Carol Kortright-Conklin

Subdivision of land resulting in 2 lots.

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

 

Mrs. Christiana noted that this application has fallen into complicated circumstances. One of the applicant’s, Lorin, passed away. She spoke with the applicants’ attorneys and they are asking for an extension retroactive due to the death of one of the applicants and the severe weather problems that the Board faced over the winter causing them to cancel two consecutive meetings.

 


Chairman Baden motioned to extend the conditional minor subdivision approval PB2014-02 SBD adopted June 18, 2014 by two 90 day extension periods until June 13, 2015. Seconded by Ms. Lindstrom. No discussion.

Vote:

Baden:            Yes                                                                  Tapper:          Yes

O’Donnell:     Absent                                                            Ricks:                         Yes                             

Dawson:         Yes                                                                 Paddock:        Yes

Lindstrom:     Yes                                                                 

 

Motion carried. 6 ayes, 0 nays, 1 absent, 0 abstentions

 

ADJOURNMENT

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

 

Chairman Baden adjourned the meeting at 10:05PM.

 

Respectfully submitted,

 

Rebecca Paddock Stange, Secretary

                        DRAFT