Planning Board Minutes Mar. 2017

PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434

MINUTES OF March 13th 2017 Meeting of the Town of Rochester PLANNING BOARD, held at the Town of Rochester Community Center, Accord, NY.

Chairman Baden asked everyone to stand for the pledge to the Flag.

The Secretary did roll call attendance.

PRESENT: ABSENT:
Michael Baden, Chairman Maren Lindstrom, Vice Chair
Lawrence DeWitt
John Dawson
Patrick Williams
Rick Jones
Alonzo Grace

Also present:
Ed Pomerantz, Alternate member. Shaye Davis, Secretary. Mary Lou Christiana, Town Attorney

ANNOUNCEMENTS AND COMMUNICATIONS
Chairman Baden stated that there was no other communications besides what was in the folders.

TRAININGS
Chairman Baden explained that he will be conducting training on March 25th primarily for new members and that any one was welcome to come. Chairman Baden also stated that the Ulster County Planning Board is doing their spring training at the Ulster County Community College on April 13th. Chairman Baden noted that the New York Planning Federation’s annual training is in Saratoga Springs from March 26th to the 28th.

ACTION ON MINUTES
Chairman Baden stated that the November 14th, 2016 minutes are tabled.

Mr. Dawson motioned to accept the February 2017 minutes. Mr. Dewitt seconded.
Motion carried. All in favor
6 ayes, 0 nays, 1 absent, 0 abstentions

2017-01 SBD Continued Application, Public Hearing
Minor Subdivision
Catskill Farms – Ryan and Stephanie Jacoby
Proposes transfer of ±0.13 acres between 2 contiguous lots
Dawson Lane, S/B/L 60.1-2-3.8 and S/B/L 60.1-2-2.160, R-2 zoning district
SEQRA: Unlisted Action

Mr. Dawson recused himself at 7:05pm. Chairman Baden seated alternate member Mr. Pomerantz in his place for the review.

Chairman Baden stated that the application was open for public hearing and explained why the application was in front of the board.

The owner of Catskill Farms, Charles Petersheim explained that due to the thick wilderness of mountain laurel you could not tell where you were and that they were a little close to a property line and wanted to give the properties more of a buffer to make the neighbors happy.

Chairman Baden asked if the house on lot 12 was constructed.

Mr. Petersheim stated that the house is half constructed and that lot 20 is constructed but he still owned lot 12 and wants to take care of this so the new owners wouldn’t have too.

Chairman Baden asked the board if they had any questions for the owner.

Mr. Jones asked if the lot line adjustment followed any line.

Mr. Petersheim stated that it does not and that it is a matter of existing structures and to try not to make the property line too weird. He noted that the less land swap is the better in this situation.

Chairman Baden asked what the dimension between the house and the property line.

Mr. Petersheim stated that it was 55 feet but now it 88.3 feet.

Chairman Baden asked about the porch on the house, and what the distance was between the house and the property line.

Mr. Petersheim said it would be at the furthest point 76 feet from the property line.

Mr. DeWitt motioned to classify this application as an unlisted action for SEQRA review. Mr. Williams seconded the motion.
Motion carried. All in favor.

Chairman Baden – Yes Pomerantz – Yes
Williams – Yes Grace – Yes
DeWitt – Yes Jones – Yes
Lindstrom – absent
6 ayes, 0 nays, 1 absent, 0 abstentions

The Board reviewed Part 2 of the SEQRA EAF form. All questions were determined to be no or small impact.

Mr. DeWitt motioned to adopt a negative declaration under SEQRA. Mr. Jones seconded the motion.
Motion carried. All in favor.
Chairman Baden – Yes Pomerantz – Yes
Williams – Yes Grace – Yes
DeWitt – Yes Jones – Yes
Lindstrom – absent
6 ayes, 0 nays, 1 absent, 0 abstentions

Chairman Baden opened the application for Public Hearing.

There was no comment.

Mr. Williams motioned to close the Public Hearing. Mr. Jones seconded the motion.
Motion carried. All in favor.
6 ayes, 0 nays, 1 absent, 0 abstentions

The Board reviewed draft findings and decision prepared by the Chairman.
Findings of the Planning Board
1. The Planning Board received zoning referral for Lot Improvement from the Code Enforcement Officer.
2. Ryan Jacoby granted representation power to Catskill Farms.
3. The applicant met with the Planning Board and presented a preliminary sketch map for review.
4. Upon review, it was determined an amendment to filed subdivision plat known as Mountain Laurel Estates is desired. Upon advice of the attorney for the Planning Board, the applicant and Planning Board concluded a subdivision application would be appropriate. The applicant elected to pursue the application as an amendment to a filed subdivision plat.
5. The Planning Board scheduled the application for public hearing conditional on the receipt of a subdivision application and preliminary plan on or before 2/27/2017. Such application and supporting documentation was timely filed.
6. The application proposes conveyance of ±0.34 acres of land between 2 contiguous lots.
7. The lots are part of subdivision plats Mountain Laurel Estates Section 1 dated 7/03/2007 and Mountain Laurel Estates Section 2 dated 5/31/2016. The plats are filed with the Ulster County Clerk.
8. The current use of the parcel is residential.
9. Existing site conditions include 2 single-family dwellings.
10. The application was determined to meet the requirements of an Unlisted SEQRA action.
• A Negative Declaration was determined upon review.
11. The parcel is in the R-2 zoning district.
• Upon review of the preliminary plan the Board concludes Lots 20 and 12, as proposed amended, meet or exceed the bulk standards requirements for the R-2 zoning district.
12. The Board reviewed if the proposed lots have safe and legal access.
a. The Board concludes there is no change to the approved access with the proposal.
13. The Board reviewed if the proposed lots could support water and septic.
• The Board concludes there is no change to approved water and septic.
14. The application is required to be referred to the Ulster County Planning Board. A “No County Impact” determination was returned.

Draft findings were prepared by the Chairman and were read and discussed by the Planning Board in public meeting at the time of adoption.

Adopted March 13, 2017 by the following vote: (Mr. Dawson recused, Alternate Mr. Pomerantz seated)
Ayes: 6 Nays: 0 Absent: 1

Motion to adopt findings by Mr. Williams
Second by Mr. Grace
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision- Conditional Final Approval to Catskill Farms Inc. permitting the amendment to the filed plat Final subdivision of lands known as Mount Laurel Estates Phase 1 and 2 situate at private road Dawson Lane off Samsonville Road. Lots 20 and 12 are approved to be amended as shown on the preliminary plat dated February 17, 2017 with the following conditions.

CONDITIONS of APPROVAL:
1. Any and all fees due to the Town of Rochester involving this application shall be paid in full prior to the Chairman’s signature on the plat.
2. The applicant shall present a final plat removing the statement “These plans are acknowledged by the Town of Rochester, and for recording purposes only, to represent an exempt lot improvement in accordance with Section 125-18 of the Town of Rochester Subdivision Regulations. No subdivision approval is required or given.”

This Conditional Final Approval shall expire 180 days from this approval date unless conditions 1 and 2 are satisfied by the applicant and the Final Plat is presented and signed by the Chairman. This period may be extended for two additional 90 day periods upon application to and resolution by the T/ Rochester Planning Board.

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

EFFECT of APPROVAL:
1. The owner shall file in the office of the Ulster County Clerk such approved plat bearing the Chairman’s signature and any other related documents within 62 days from the date of signature or such approval shall be deemed to expire without further notice in accordance with NYS Town Law §276.
2. The owner shall have the responsibility to return three (3) Ulster County Clerk certified copies of the filed plat and any other related documents to the T/ Rochester Planning Board within 30 days of such filing.

Adopted March 13, 2017, by the following vote: (Mr. Dawson recused, Alternate Mr. Pomerantz seated)
Ayes: 6 Nays: 0 Absent: 1

Motion made by Mr. DeWitt
Second by Mr. Grace

Mr. Dawson returned to the board at 7:24pm. Mr. Pomerantz stepped down from the board

2016-07 SUP Continued Application, Public Hearing
Amendment to PB decision 1997-06 SUP
10 Queens Highway LLC (transferred from Sandy Krupp with sale of property)
Proposes amendment to PB decision 1997-06 SUP granting approval to convert a dairy barn into a cabinet woodworking shop.
10 Queens Highway, S/B/L 76.2-2-6.211, B and AP Overlay zoning district, Contiguous to Ulster County Ag District #3.
SEQRA: Unlisted Action

The applicant was not present at the meeting.
Chairman Baden spoke about the application in front of the Planning Board and spoke to the decision by the Zoning Board of Appeals.

Chairman Baden explained that the property formerly owned by Krupp has been sold to 10 Queens Highway LLC. It was checked with the attorney and the sale of the property during the application is fine due to the fact that the new owner was given permission to represent the application and land use matters stay with the land.

Chairman Baden explained to the board that the property received a special use permit in 1997 when the property was all one parcel. After that time the property was subdivided into 2 parcels by the owner at the time they didn’t have to come to the planning board for approval and subdivided it on their own. After the subdivision the barn was part of lot 1 originally, it was after that the owners filed a quit claim deed which changed the property line to go around the barn and the barn became part of lot 2. In the process they essentially voided their special use permit agreement because the approved site plan that was approved did not match up. When the Planning Board reviewed the application they realized that the property needed an area variance for the setback between the cabinet shop and the lot line. The applicants and the property were granted the area variance.

Mr. DeWitt asked about the possible noise issue that was discussed in earlier meetings.

Chairman Baden stated that in the previous review in 1998 the applicant came back for an amendment review and the applicant at that time asked to move the dust collection equipment to outside the barn from inside the barn and that was denied by the planning board. The Board decided the equipment must remain inside but also in the process they agreed on some landscaping that was going to be done to help with the noise. The Chair said he remembers at one point the neighbor said that the landscaping wasn’t done properly, but he has been by that property plenty of times and has looked and it might not be exactly where these are drawn but there is considerable amount of landscaping around that parking area. One thing that has changed is that the parking area that is shown on the other side of the barn does not exist anymore because that is where the lot line is.

The Board reviewed Part 2 of the SEQRA EAF form. All questions were determined to be no or small impact.

Mr. DeWitt motioned to adopt a negative declaration under SEQRA. Mr. Dawson seconded the motion.
Motion carried. All in favor.
Chairman Baden – Yes Dawson – Yes
Williams – Yes Grace – Yes
DeWitt – Yes Jones – Yes
Lindstrom – absent
6 ayes, 0 nays, 1 absent, 0 abstentions

Chairman Baden noted that the property (lot 1) does not have a water source. They have a shared well agreement with lot 2. They also have a proposed septic area; they have had the county health department out there stating that the property will be able to support septic.

Chairman Baden opened the application for Public Hearing.

There was no comment.

Mr. Dawson motioned to close the public hearing. Mr. Williams seconded the motion.
Motion carried. All in favor.
6 ayes, 0 nays, 1 absent, 0 abstentions

Discussion on the application was tabled until later in the meeting until the applicant arrived..

2017-02 SBD New Application
Minor Subdivision
Brian and Susan Gray
Proposes 2 lot subdivision of a ±5 acre parcel from a ±40.742 acre parcel.
1198 Queens Hwy, S/B/L 60.3-2-2.2, R-5 zoning district, property contains and contiguous to mapped NYS wetland KR-3
SEQRA: TBD

Brian Gray, the owner was present along with his son who will be developing the new lot.

Mr. Gray explained that they want to do this subdivision so they can build a house on the new lot. So far everything is proposed on the map the only thing that has changed is Medenbach and Eggers did the engineering and they want the septic in the back and the well in the front of the dwelling instead.

Chairman Baden noted that they did fill out an application to the town highway department and the board did receive a letter and a copy of the driveway permit for that property. The only question that remained is the main parcel that is hosting this subdivision has wetlands they delineated on there and show the 100ft buffer so the property where they’re subdividing will be far enough away from the wetlands. The applicants did say they had the Department of Environmental Conversation come out and mark where those wetlands were so the indication of the wetlands on the maps is where they are.

Chairman Baden asked the board if they felt they had enough for a complete application and if they wanted to open it up for public hearing.

There were no further questions.

Ms. Dawson motioned to classify the application as an unlisted action for SEQRA review. Mr. Williams seconded. A roll call vote was taken.
Motion carried. All in favor.
Chairman Baden – Yes Dawson – Yes
Williams – Yes Grace – Yes
DeWitt – Yes Jones – Yes
Lindstrom – absent
6 ayes, 0 nays, 1 absent, 0 abstentions

Mr. Dawson motioned to schedule public hearing on April 10th 2017. Mr. Williams seconded the motion.
Motion carried. All in favor.
6 ayes, 0 nays, 1 absent, 0 abstentions

Chairman Baden noted that the application does not have to be referred to the county planning board. He then asked the board that with the wetlands in question did they want to send the application to the Department of Environmental Conservation for them to review.

The Board decided that they do not need to send the application to the Department of Environmental Conservation due to the delineation of the wetlands by the DEC.

2017-03 SBD New Application
Minor Subdivision
David Smith
Proposes 3 lot subdivision of a ±13.2 acre parcel
130 Upper Whitfield Rd., S/B/L 68.4-3-21, AR-3 zoning district
SEQRA: TBD

Terry Ringler, surveyor, was present on behalf of the application.

Mr. Ringler explained that Mr. Smith purchased the property about 6 months prior. On lot 3 there is an existing old farm house, garage, shed and a few out buildings, an old barn this will be removed due to disrepair. Mr. Smith is planning on creating a 3.19 acre lot around existing structures and house, utilizing some of the currant stone walls as boundaries and then creating 2 additional 5 acre lots with frontage on Upper Whitfield Road.

Mr. Dawson noted that it is all dry land.

Chairman Baden stated that he looked and there are no wetlands, no flood plain, no county agriculture district.

Chairman Baden asked if the goal is to divide it into 3 lots for building lots.

Mr. Ringler said that he wasn’t sure if Mr. Smith was going to just sell the lots or build on them and then sell. He currently is redoing the existing farm house.

Chairman Baden noted that the property is in the AR-3 zoning district, 3 acre zone and he’s doing two 5 acre lots and one 3.19 acre lot, so it’s within that zoning density. It looks like setbacks for houses are not an issue. Chairman Baden asked for some sort of letter or certification from the board of health or an engineer to show for water and septic support on each lot to confirm that it is possible for lots to have a dwelling. He asked if the spots labeled proposed well on the map were guesses or if they were test holes.

Mr. Ringler stated that there is a little bit of a rise on the land and would like the house to be built on the rise with septic’s out front because they’re pretty sure they’ll need a shallow trench and blend it in with terrain. The wells would be up on the higher land behind the house. There was no testing but all the soil is pretty much the same on the property so it wouldn’t really matter where he places the houses because the soil is consistent.

Chairman Baden asked if it was all flat land.

Mr. Ringler said that the land is gently rising.

Chairman Baden asked if the board had any questions.

There were no questions.

Ms. Dawson motioned to classify the application as an unlisted action for SEQRA review. Mr. Grace seconded. A roll call vote was taken.
Motion carried. All in favor.
Chairman Baden – Yes Dawson – Yes
Williams – Yes Grace – Yes
DeWitt – Yes Jones – Yes
Lindstrom – absent
6 ayes, 0 nays, 1 absent, 0 abstentions

Mr. Williams motioned to schedule public hearing on April 10th 2017. Mr. Dawson seconded the motion.
Motion carried. All in favor.
6 ayes, 0 nays, 1 absent, 0 abstentions

Chairman Baden noted that the application did not have to be referred to any other agency.


2016-07 SUP Continued Application, Public Hearing
Amendment to PB decision 1997-06 SUP
10 Queens Highway LLC (transferred from Sandy Krupp with sale of property)
Proposes amendment to PB decision 1997-06 SUP granting approval to convert a dairy barn into a cabinet woodworking shop.
10 Queens Highway, S/B/L 76.2-2-6.211, B and AP Overlay zoning district, Contiguous to Ulster County Ag District #3.
SEQRA: Unlisted Action

The Board decided to further the application without the applicant/owner present.
Findings of the Planning Board
1. The Planning Board has received zoning referral for Special Use Permit for amendment to an approved Special Use Permit from the Code Enforcement Officer and an application, EAF, Site Plan, and related documentation from the applicant.
2. The application proposes approval of a Special Use to make the approved Site Plan conform to existing conditions changed due to subdivision of lands.
3. The parcel is located in the B zoning district pursuant to the Town of Rochester zoning code.
4. The parcel is additionally located in the AP Overlay zoning district.
5. The parcel to be developed is known as S/B/L 76.2-2-6.211
6. The parcel is located within 500 feet of the Ulster County Ag District #3. An Agricultural Data Statement was prepared and presented.
7. The parcel has road frontage on Queens Highway., a T/ Rochester maintained highway.
8. The parcel has existing Special Use approval, granted with T/ Rochester Planning Board decision 1997-06 SUP and amended with decision 1998-07 SUP, permitting conversion of a dairy barn into a cabinet woodworking shop.
9. Existing improvements on the parcel include a commercial wooden building, parking area, access to Queens Highway, and landscaping.
10. Sandy Krupp, owner of the property is deceased. His estate desires to sell the property and desires to have a signed Site Plan conforming to the actual boundaries of the parcel. The approved Site Plan is not accurate, as the property was, subsequent to Special Use approval, legally subdivided by the owner. Also, a quit claim deed was conveyed on the parcel.
11. The parcel was conveyed to 10 Queens Highway LLC from the Estate of Sandy Krupp on 2/13/2017.
12. Interest in the application was conveyed from Krupp to 10 Queens Highway LLC.
13. Letter of authorization was received allowing James O’Shea to represent 10 Queens Highway LLC.
14. The history of approvals and actions on the property are quite complex. The Chairman compiled and prepared a document entitled TIMELINE FOR KRUPP to aid the Board’s review. The document is on file with the Planning Board.
a. On 8-26-2005, “Survey Map showing Division of Lands of Sandy Krupp and Susan Karl Krupp” was filed in the Ulster County Clerk’s office as Map No. 05-1106. Planning Board review of the subdivision was not required at the time for subdivision and the owner independently filed the map with the Ulster County Clerk.
b. On 5-19-2006, Bargain and Sale Deed between Sandy Krupp and Susan M. Kruger was filed in the Ulster County Clerk’s office.
c. On 6-21-2006, Quitclaim Deed and Survey Map between Sandy Krupp and Susan M. Kruger was filed in the Ulster County Clerk’s office. The structure utilized for the cabinet shop and the silo are identified as being located on Lot 1. The Quitclaim Deed alters the parcel lines to place all other structures on Lot 2. Lot 1 is noted as being ±1.155 acres. Lot 2 is noted as being ±1.848 acres. The accompanying metes and bounds deed description was not filed with the Ulster County Clerk.
d. On 9-24-2009, Chapter 140, Zoning, and the Schedule of District Regulations was adopted replacing existing Density Control Schedule. B zoning district setbacks were established.
15. The Planning Board finds
a. On 8-26-2005, Lot 1 and Lot 2 were established with the subdivision filing. Lot 1 carries with it the Special Use approval and is a commercial use. Lot 1 has road frontage on Queens Highway and is noted as being ±1.236 acres. Lot 1 structures are the cabinet shop, silo, and barn. The lot and structures meet the Density Control Schedule as was in place at the time of filing, except the cabinet shop front yard setback is non-applicable due to being a non-conforming structure predating zoning.
b. With the Bargain and Sale Deed of 5/19/2006, Lot 2 is shown as being conveyed to Kruger and a Shared Well Agreement was simultaneously filed.
c. With the filing of the Quit Claim Deed, the Planning Board concludes Lot Improvement (Lot Line Adjustment) was not required at the time for filing and the owner independently filed the map with the Ulster County Clerk. When verified against the Density Control Schedule at the time of filing Lot 1 met B zoning district business use regulations at time of filing for side yard setback regulation (12.5’ required; 24.1’ provided) and violated rear yard setback regulation (25’ required; 16.9’ provided).
d. The Site Plan for Lot 1 – Non-residential use – Woodworking shop. as presented 11-15-2016, when reviewed against the current Density Control Schedule shows
i. Front Yard – 20’ required; measurement not provided – pre-existing
non-conforming – predates zoning.
ii. Side Yard – 25’ required; 24.1’ provided – met zoning standards at time of plan filing.
iii. Rear Yard – 25’ required; 16.9’ provided – is in violation
e. The Planning Board determined in order to consider granting the amendment to the approved Special Use an 8.1 ft Area Variance would be required for a rear yard setback from the T/ of Rochester Zoning Board of Appeals. Referral letter was sent to the ZBA.
f. The Planning Board received copy of approval of an Area Variance for a rear yard setback of 8.1’ with ZBA decision 2017-01 AV, dated 2/16/2017.
g. Lot 1 has a filed shared well agreement with Lot 2.
h. There are no proposals with this application to alter any existing improvements of the parcel.
i. There is no change to access or parking.
j. The application was determined by the Planning Board required to be referred to the Ulster County Planning Board which returned a letter stating no referral was required due to the signed exception agreement.
16. The application was determined to be an Unlisted SEQRA use. A Negative Declaration was determined.

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

Adopted March 13, 2017
Ayes: 6 Nays: 0 Absent: 1

Motion to adopt findings by Mr. Dawson
Second by Mr. DeWitt
* * * *
RESOLVED,

The Town of Rochester Planning Board Grants Special Use -Conditional Approval to 10 Queens Highway LLC permitting operation of a cabinet woodworking shop pursuant to Town of Rochester Planning Board decision 1997-06 SUP, as amended with decision 1998-07 SUP, for the lands situate at 10 Queens Highway, known as S/B/L 76.2-2-6.211, and located in the ‘B’ and ‘AP Overlay’ zoning districts.

The Site Plan dated 4/19/2016 and revised 11/15/2016 is approved with the following conditions.

Conditions of Approval:
1. Conditions 1-12 of decision 1997-06 SUP and conditions 1-3 of decision 1998-07 SUP are hereby rescinded and replaced with these conditions of approval.
2. 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.
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. This approval is for a cabinet woodworking shop. Any expansion of use or change of use shall be presented to the Code Enforcement Officer for determination.
5. All Local, County, State, and Federal Laws or Codes shall be complied with and all required Local, County, State, or Federal permits shall be secured for the current or future use of these lands.
6. All applicable provisions of New York State Uniform Fire Prevention and Building Code associated with the use and/or structure shall be met. The facility shall be inspected and certified for compliance.
7. All activities involving the storage, transfer or disposal of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion.
8. All activities involving the possible contamination of surface or ground water shall be provided with adequate safety devices to prevent such contamination.
9. There shall be no outside storage of manufacturing materials or finished products.
10. All machinery and dust collection equipment shall be contained within the building and/or silo.
11. 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.
12. Sound, including any sound or noise producing elements shall comply with Town of Rochester zoning code §140-20 (F) at all times.
13. There shall be no changes in signage allowed from existing site conditions, except that which may be determined by the Code Enforcement office to not require Planning Board review and approval. Should changes be sought at a future time, the code standards at the time of application shall be applicable.
14. There shall be no changes in outdoor lighting allowed from existing site conditions, except that which may be determined by the Code Enforcement office to not require Planning Board review and approval. Should changes be sought at a future time, the code standards at the time of application shall be applicable.
15. The dumpster and related area shall be maintained in a safe and secure manner and remain inaccessible to non-employees at all times.
16. There shall be no additional landscaping required. The applicant shall maintain and replace if diseased or damaged, the existing vegetation screening landscaping as shown on the Site Plan, signed by Chair Jamie Beardsley, which was approved with T/ Rochester Planning Board decision 1998-07 SUP, amending decision 1997-06 SUP, dated 6/16/1998.

Effect of Approval:
1. This Special Use approval and associated conditions shall be binding upon the applicant and all successive owners and/or lessees 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 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.

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.

Draft resolution was prepared by the Chairman and was read, discussed, and amended by the Planning Board in public meeting at the time of adoption.

Adopted March 13, 2017, by the following vote:
Ayes: 6 Nays: 0 Absent: 1

Motion made by Mr. Dawson
Second by Mr. Jones

Mr. DeWitt motioned to adjourn the meeting at 9:02pm. Mr. Dawson seconded.
Motion carried. All in favor.
6 ayes, 0 nays, 1 absent, 0 abstentions

Respectfully Submitted,
Shaye Davis, Secretary