Planning Board Minutes March 11th, 2019

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

MINUTES OF March 11th, 2019 REGULAR MEETING OF the Town of Rochester PLANNING BOARD, held at 7:00pm at the HAROLD LIPTON COMMUNITY CENTER, Accord, NY.

Vice Chairperson Rick Jones asked everyone to stand for the Pledge to the Flag.

The Secretary did roll call attendance.

PRESENT: ABSENT:
Rick Jones, Vice Chairperson Maren Lindstrom, Chairperson
Brian Buchbinder Alonzo Grace
Sam Zurofsky
Patrick Williams
Zorian Pinsky

Also present:
Brianna Tetro, Secretary. Mary Lou Christiana, Attorney for the Town.

ANNOUNCEMENTS AND COMMUNICATIONS:

Mr. Buchbinder made the motion to cancel the March 25th, 2019 Workshop Meeting. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions, 2 absent

*Secretary Note: As stated to me by Supervisor Baden on 3/11/2019, Mr. Zorian Pinsky was appointed as an official member of the Town of Rochester on Friday, 3/08/2019, and is no longer the alternate.

ACTION ON MINUTES:

Mr. Williams made the motion to accept the minutes from the February 11th, 2019 Regular Meeting. Mr. Buchbinder seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions, 2 absent.

PB 2019-01 Public Hearing/Continued Application
Minor Subdivision
William & Lynn Wells
Proposes the transfer of a portion of the former bed of Lucas Turnpike (+/- 0.21 acres) owned by the Town of Rochester to William & Lynn Wells from a previous subdivision S/B/L 77.1-2-33.113 (+/-1.2 acres). Located at 20 De Jager Lane/Mountain View Subdivision, Accord, NY both parcels AR-3 zoned. AG-3 Agricultural District, Prime Farmland.
SEQRA: Unlisted/Uncoordinated

Mr. And Mrs.Wells were present on behalf of the application.

Mr. Jones stated that he wanted to inform the Board and Public that Mr. & Mrs. Wells and the Town of Rochester completed the transaction of the transfer of properties on Monday, March 4th, 2019 and a new Deed had been made but that the meeting was for the maps to be approved by the Board as they wanted to combine the two properties.

Attorney Christiana explained that the parcels were now in Mr.&Mrs. Wells name and no longer property of the Town. She also explained that the application needed to be a Subdivision and not a Lot Line deletion because the property was in a subdivision already.

Mr. Jones opened the Public Hearing.

There were no comments made by anyone from the Public.

Mr. Buchbinder made the motion to close the Public Hearing. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions, 2 absent

Mr. Jones began reading the Decision. It was discovered that SEQRA had not in fact been done at the February 11th meeting, therefore the public hearing needed to be re-opened so SEQRA could be completed.

Mr. Zurofsky made the motion to re-open the Public Hearing. Mr. Jones seconded the motion.
All in Favor. Motion carried.
5 ayes, 0 nays, 0 abstentions, 2 absent

Mr. Zurofsky made the motion to declare the application as a Negative SEQRA. Mr. Williams seconded the motion.

ROLL CALL VOTE:

Chairman Lindstrom – Absent Mr. Jones- Yes
Mr. Zurofsky- Yes Mr. Williams- Yes
Mr. Buchbinder- Yes Mr. Grace- Absent
Mr. Pinsky- Abstain
Mr. Pinsky abstained due to the need for more information on his part about the application.
Motion carried.
4 ayes, 0 nays, 2 absent, 1 abstentions

Mr. Buchbinder made the motion to close the Public Hearing. Mr. Zurofsky seconded the motion.
All in favor. Motion carried.
5 ayes, 0 nays, 2 absent, 0 abstentions

There were no other questions or comments from the Board. The Vice Chairman read the decision:
Decision: PB 2019-01 SBD
Minor Subdivision Final Approval

Applicant: William & Lynn Wells

Reason for Request: Proposes the transfer of a portion of the former bed of Lucas Turnpike (+/- 0.21 acres) owned by the Town of Rochester to William & Lynn Wells from a previous subdivision.

Location: 20 De Jager Lane/Mountain View Subdivision, Accord, NY
Total Acreage: ±1.2 acres
S/B/L: S/B/L 77.1-2-33.113 Zoning District: AR-3

Code Enforcement Determination: Minor Subdivision
Zoning Permit: 026 of 2019

Planning Board Application: 2019-01 SBD
PB Application filed: 1/28/2019 EAF filed: 1/28/2019

SEQR Type: Unlisted, Uncoordinated – 2/11/2019
SEQR Determination: Negative Declaration – 3/11/2019
Other Agency Referrals: N/A

Documents considered by the Planning Board for review
1. Zoning Permit 026 of 2019 determination of Minor Subdivision received dated 1/28/2019
2. Planning Board Subdivision application 2019-01 SBD received 1/28/2019
3. Short Form EAF received dated 1/28/2019
4. Ulster County Parcel Viewer Ariel View received 1/28/2019
5. Survey prepared by Medenbach & Eggers PC reviewed 2/11/2019. Rrevised and reviewed 3/11/2019
6. Property Deed received March 1, 2019
7. Deed from Town of Rochester to Wells dated March 4, 2019

Notice of Public Hearing:
1. Published in the February 28th, 2019 edition of the Shawangunk Journal.
2. Notice by mail to known landowners within 500’.
3. Posted on the T/ Rochester Clerk bulletin board and Town of Rochester website.
Date of Public Hearing: 3/11/2019 Place: Community Center, Accord, NY
Public Comment: (see Minutes of Town of Rochester Planning Board, March 11, 2019)
* * * *
Findings of the Planning Board
1. The Planning Board received zoning referral for a minor subdivision from the Code Enforcement Officer.
2. The applicant met with the Planning Board and presented the new map for review.
3. The parcel is in the AR-3 zoning district. The applicant proposes the transfer of a portion of the former bed of Lucas Turnpike (+/- 0.21 acres) previously owned by the Town of Rochester to their existing contiguous ±1.2 acre lot.
4. The existing plat is filed with the Ulster County Clerk and the Planning Board received a copy of the existing deed.
5. The current use of the parcel is residential.
6. Existing site conditions includes a single-family dwelling and accessory structures.
7. The application was determined to meet the requirements of an Unlisted SEQRA action.
• A Negative Declaration was determined upon review on March 11, 2019.
8. A Public Hearing was held.
9. The Board reviewed if the proposed lot has safe and legal access.
• The Board concludes there is no change to the approved access with the proposal.
10. The Board reviewed if the proposed lot has approved water and septic.
• The Board concludes there is no change to approved water and septic.
11. The transfer of property from Town of Rochester to applicant took place March 4, 2019

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 11, 2019 by the following vote:
Ayes: 5 Nays: 0 Absent: 2

Motion to adopt findings by Mr. Zurofsky
Second by Mr. Buchbinder
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision- Final Approval to William and Lynn Wells permitting the subdivision of lands situated at 20 De Jager Road, Accord, NY approved as shown on the plat dated February 22nd , 2019, the deed from the Town to the applicant shall be recorded with the subdivision map.

This Final Approval shall expire 180 days from this approval date unless 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 the authority to the Chairman to review and 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 11, 2019, by the following vote:
Ayes: 5 Nays: 0 Absent: 2

Motion made by Mr. Buchbinder
Second by Mr. Pinsky

_______________________ ______________________________
Date Rick Jones, Vice Chairman

PB 2019-02 New Application
Lot Line Improvement
James Bacon
Proposes the transfer of +/- 16 acres from parcel S/B/L 76.4-1-56.100 (+/- 386 acres, R-5 zoned) to S/B/L 76.19-1-8 (+/- 9.7 acres, R-2 zoned). Parcels are located at Granite Road, Kerhonkson, NY

Mr. James Bacon was present on behalf of the application.

Mr. Jones explained to Mr. Bacon that one of the two Zoning Permit applications he submitted to the Code Inforcement office, had the wrong S-B-L and name on it. Therefore, until it was corrected with the proper information, the Board could not make any decision, but welcomed Mr. Bacon to still explain what he wanted to do

Mr. Bacon stated he would correct the paperwork and come back for the April 8th, 2019 meeting. He did go on to explain to the Board what the intention of the LLI was all about.

Attorney Christiana said that since Mr. Bacon wasn’t the applicant, but rather a representative, that the application going forward needed to state “Granite/Danenberg Farm LLC” as the applicant.
PB 2019-03 New Application
Natural Subdivision
John L Jr. Schoonmaker & Alice Schoonmaker
Proposes the natural subdivision of a +/- 297 acre parcel, S/B/L 77.1-3-2.111, located at Lawrence Hill Road, Accord, NY into two parcels, one +/- 291 acres and one +/- 3.96 acres. AR-3 zoned AG-3 Agricultural District, Prime Farmland, 100 yr FP.

There was no one present on behalf of the application.

Mr. Williams recused himself at 7:22pm, as the applicants were his in-laws.

Attorney Christiana explained that this was a Natural Subdivision and that it didn’t need a public hearing because it was only dealing with the Schoonmaker’s property and not any other land.

The Board looked at and reviewed the Maps and didn’t find anything that needed attention or was concerning.

Decision: PB 2019-03 Natural Subdivision

Lot Improvement – Certification
*Pursuant to Chapter 125 and Chapter 140 of the Code of the Town of Rochester.

Applicant: John L. Jr & Alice Schoonmaker

Reason for Request:
A natural subdivision/lot improvement proposing the separation of +/- 3.96 acres from the +/- 297 acre parcel S/B/L 77.1-3-2.111 to form two parcels. AR-3 zoned.

Location: Lawrence Hill Road Accord NY
S/B/L: S/B/L 77.1-3-2.111
Zoning District: AR-3

Zoning Permit filed: 02/14/2019 SEQR Type: Type II by definition
Planning Board Application #: 2019-03 LLI PB Application filed: 02/15/2019

* * * *
The Planning Board has reviewed the plat and certifies the lot improvement proposed will meet Town of Rochester lot requirements for the AR-3 zoning district and, for recording purposes only, further represents an exempt lot improvement in accordance with Section 125-18 of the Town of Rochester Subdivision Regulations. No subdivision approval is required or given by the Planning Board. The Planning Board further grants the authority to the Chairman to sign the plat certifying the lot improvement for filing purposes without further resolution upon receipt and the Chairman’s determination such plat meets the requirements of the code is in agreement with the sketch plan provided for review.

The owner shall file in the office of the Ulster County Clerk such certified plat bearing the Chairman’s signature within 62 days of this certification. The owner shall have the responsibility to return four (4) Ulster County Clerk certified copies of the plat to the Town of Rochester Planning Board within 30 days of filing.

_______________________ ______________________________
Date Rick Jones, Vice Chairman

Mr. Buchbinder made the motion to approve the resolution approving the Natural Subdivision. Mr. Pinsky seconded.
Motion carried.
4 ayes, 0 nays, 2 absent, 0 abstentions, 1 recusal.

OTHER MATTERS

Mr. Williams came back to the meeting at 7:29pm.

ADJOURNMENT

Mr. Williams made the motion to adjourn the meeting at 7:31pm. Mr. Pinsky seconded the motion.
All in favor. Motion carried.
5 ayes, 0 nays, 2 absent, 0 abstain

Respectfully submitted,

Brianna Tetro, Secretary

Accepted and adopted April 8th, 2019.