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

MINUTES OF March 12th, 2018 Meeting of the Town of Rochester PLANNING BOARD, held at the Town of Rochester Community Center, Accord, NY.

Vice Chairman Jones asked everyone to stand for the pledge to the Flag.

The Secretary did roll call attendance.

PRESENT: ABSENT:
Rick Jones, Vice Chair Maren Lindstrom, Chairman
Laurence DeWitt
Patrick Williams
Alonzo Grace
Brian Buchbinder
Sam Zurofsky

Also present:
Shaye Davis, Secretary.

ANNOUNCEMENTS AND COMMUNICATIONS
Vice Chairman Jones conducted the meeting since Chairman Lindstrom was absent.

TRAININGS
Secretary Davis told the Board of various upcoming trainings. One of the trainings was a Solar Smart Hudson Valley Conference. The other training was for Flood Plain Management.

ACTION ON MINUTES
Mr. DeWitt motioned to approve the February 12th 2018 minutes. Mr. Buchbinder seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

2017-01 LLI New Application
Lot Line Adjustment
RV Associates, LLC/Shane Ricks and Frank & Debra Cordaro.
Lot improvement proposing transfer of ± 3.55 acres between 2 contiguous parcels from
106 Mettacahonts Road Accord, NY to 100 Mettacahonts Road Accord, NY
S/B/L 76.2-5-3.113 and 76.2-5-3.114. Ulster County Ag District #3, AP overlay & “B” zoning district
SEQRA: Type II Action (by code)

Debra Cordaro was present on behalf of the application.

The Board looked over the application and site plan.

There were no comments.

The Board read over a draft decision. The Board made a change to the draft decision.

Mr. DeWitt motioned to accept the amended lot line adjustment. Mr. Buchbinder seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

2017-08 SUP Continued Application
Amendment to Special Use Permit/Site Plan decision 2015-01 SUP/SPA
Woodstock Farm Sanctuary, Inc.
Proposes amendment to an approved Special Use/Site Plan ±100.5 acre parcel
Proposes construction of a 2800 ft² residential inn and special events facility with new septic, landscaping and modified drive.
Approved for Multiple Uses Animal Sanctuary, Commercial Events Facility, and Inn – Special Use
Agricultural Tourism Enterprises, and Agricultural Retail Sales – Site Plan
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
SEQRA: Type II (01/08/2017)

Jeff Lydon was present on behalf of the application.

Vice Chairman Jones opened the meeting for public comment.

There was no comment from the Public.

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

The Board had no further questions. The Board read a draft decision.

Findings of the Planning Board with review of the amended application
1. The Planning Board received a zoning referral for an amended Special Use for the construction of a 2800 sq. foot two story educational center with temporary lodging for sanctuary members, “educators-in-residence”, and other special guests. This use will be supplemental and complementary to the existing uses previously approved in the Planning Board Decision 2015-01.
2. The Planning Board further received a Site Plan and Special Use application, EAF, and related documentation from the applicant, cited above.
3. The applicant previously stated they may utilize the existing manor house as guest lodging at some time in the future. This space is now to be used as office space.
4. The parcel is located in the ‘AR-3’ zoning district and the use(s) proposed have been determined to meet or exceed the Schedule of District regulations pursuant Town of Rochester zoning code.
5. The parcel is additionally located in the ‘FD Overlay’ zoning district as it is partially located in the FEMA mapped flood zone, 361 l 1C0595E, effective 9/25/2009. No construction or disturbance is proposed within the flood zone.
6. The parcel is additionally located in the ‘AP Overlay’ zoning district and the uses comply with the standards of such district.
7. The parcel to be developed is known as SBL. 69.4-2-11.200.
8. The parcel contains land also located in the Town of Marbletown. Town of Marbletown Town Clerk was notified of the public hearing.
9. The parcel is contiguous to the Rest Plaus Historic District listed on the National Register.
10. The Town of Rochester Historic Preservation Commission (TOR HPC) was informed of amended site plan/additional special use. The TOR HPC replied that the extensive documentation answered any of their questions and that they had no problem with the structure. The TOR HPC again mentioned that the stone house on the property (which is not being affected by this SUP) is of historic significance and deserves to be preserved and respected.
11. The parcel is located contiguous to the Ulster County Ag District #3. An Agricultural Data Statement was prepared and presented.
12. The parcel has road frontage on Lucas Ave. (CR-1), an Ulster County maintained highway. The Ulster County Dept. of Public Works was informed of the additional special use as a courtesy. UC DPW permits are already in place
13. Ulster County Health Dept. approval was received for septic.
14. Ulster County Health Dept. approval was received for temporary lodging.
15. The applicant proposes improvements of the driveway to include a parking area for the new building including accessible parking as well as a modification of the driveway to accommodate the new structure. The driveway was reviewed and approved by the Town of Rochester Code Enforcement Officer.
16. The applicant proposes and details on the new site plan landscaping for the new structure. Landscaping meets local code §140-15 landscaping requirements.
17. Lighting specifications are provided for the additional lighting on the site plan.
18. The amendment was classified as a Type 2 action under SEQRA. No further review was required or conducted.
19. The application was referred to the Ulster County Planning Board. A “No County Impact” response was received.
20. A Public Hearing was held on February 12, 2018 and there were no public comments.
21. The Public Hearing was closed on March 12, 2018.

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

Adopted March. 12, 2018
Ayes: 6 Nays: 0 Absent: 1

Motion to adopt findings by Buchbinder
Second by Zurofsky

RESOLVED,
The Town of Rochester Planning Board grants Special Use -Conditional Approval to Woodstock Farm Animal Sanctuary, Inc. permitting the amended use Inn for the lands situate at 2 Rescue Road and Lucas Tpke., known as S/B/L 69.4-2-11.200, and located in the ‘AR-3’, ‘FD Overlay’, and ‘AP Overlay’ zoning districts. Multiple Uses of Animal Sanctuary and Commercial Event Facility remain as previously approved.

The Town of Rochester Planning Board grants Site Plan -Conditional Approval to Woodstock Farm Animal Sanctuary, Inc. permitting amendment to the Site Plan for the use Inn for the lands situate at 2 Rescue Road and Lucas Tpke., known as S/B/L 69.4-2-11.200, and located in the ‘AR-3’, ‘FD Overlay’, and ‘AP Overlay’ zoning districts. Multiple Uses of Agricultural Tourism Enterprise and Agricultural Retail Sales remain as previously approved.

The Site Plan dated May 2015 continues as approved except as amended with revisions to the Site Plan reviewed with this decision. The Site Plan amendment dated Dec. 18. 2017 is approved with the following conditions.

CONDITIONS of APPROVAL for the AMENDED APPLICATION:

1. Conditions 1-16 of decision PB 2015-01 SUP/SPA remain in force with this amended approval
2. 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.
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. All Local, County, State, and Federal Laws or Codes shall be complied with for the current or future use of these lands.
5. The applicant shall secure an Ulster County Dept. of Health permit for the inn septic system.
6. The applicant shall specifically secure a T/ Rochester building permit(s) for the inn. All conditions imposed in the granting of the permit(s) 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.
7. Prior to the issuance of a Certificate of Occupancy for public use of the facility:
a. The applicant shall complete the improvements of the driveway as indicated on the Site Plan.
b. The gravel parking area shall be constructed.
c. Exterior lighting shall be installed as per the specifications indicated on the Site Plan.
d. Landscaping shall be completed as per the Site Plan.
e. Accessible parking signage shall be installed as indicated on the Site Plan.
f. The applicant shall specifically secure an Ulster County Dept. of Public Works access permit (if determined to be required). 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 Town of Rochester Planning Board.
8. Any and all other agencies’ permits or approvals which are currently required or any which may be determined in the future to be required in conjunction with the construction and/or operation of this use shall be secured or renewed as applicable. Should any conditions imposed by other agency permits cause conditions to be in conflict, the more restrictive condition shall prevail. Should any permit approvals necessitate a change to the approved Site Plan, the matter shall be referred to the Planning Board for consideration.
9. The gravel driveway shall be maintained to NYS Fire Code regulation and standards.
10. Parking shall only be allowed in the spaces designated on the approved and signed Site Plan. Parking shall not be allowed within the public road right-of-way nor within the driveway or designated Site Plan traffic aisles at any time.
11. Use of the Inn shall be limited to the guests specified on paragraph 1 of the findings.

The Town of Rochester Planning Board further grants the authority to the Chairman to certify condition 2 has been completed without further resolution and to sign and date the plat at such time.

EFFECT of APPROVAL:
1. This Special Use and Site Plan approval and associated conditions shall be binding upon the applicant and all successive owners of the land so long as such use(s) shall occur.
2. This approval shall remain effective as an authorization to secure the required permits and establish the use(s) for a maximum of one year from this date of approval unless the applicant shall have submitted written request and the Planning Board shall have adopted such resolution granting an extension and provided the applicant has submitted proof of having diligently pursued the implementation of the plans.

Draft resolution was prepared by the Chairman and was read, discussed and amended by the Planning Board.

Adopted March 12, 2018, by the following vote:
Ayes: 6 Nays: 0 Absent: 1

Motion made by Williams
Seconded by DeWitt

2018-01 SUP Renewal of Special Use Permit/Public Hearing
Renewal of Special Use Permit decision 2015-01 SUP/SPA
Woodstock Farm Sanctuary, Inc.
Renewal of special use permit for commercial events.
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
SEQRA: Type I neg dec (07/13/2015)

Jeff Lydon was present on behalf of the application.

Vice Chairman Jones opened the meeting for public comment.

No one spoke during the public hearing.

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

The Board had no further questions. The Board read a draft decision.
Findings of the Planning Board

1. The Planning Board reviewed the initial 2015 SUP/SPA decision for commercial special events and the letter of explanation of special events provided by the applicant. The Planning Board determined that conditions of the initial commercial special events approval have been met for the duration of the approval.
2. A Public Hearing was held on March 12, 2018.

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

Adopted March. 12, 2018
Ayes: 1 Nays: 0 Absent: 1

Motion to adopt findings by Buchbinder
Second by Williams
* * * *
RESOLVED,
The Town of Rochester Planning Board grants renewal of Special Use Approval to Woodstock Farm Animal Sanctuary, Inc. for commercial special events for the lands situate at 2 Rescue Road and Lucas Tpke., known as S/B/L 69.4-2-11.200, and located in the ‘AR-3’, ‘FD Overlay’, and ‘AP Overlay’ zoning districts. Use of Animal Sanctuary remain as previously approved.

CONDITIONS of APPROVAL for the renewed special use for commercial events approval:

1. Conditions of decision PB 2015-01 SUP/SPA remain in force with the renewed approval
2. 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.
3. All Local, County, State, and Federal Laws or Codes shall be complied with for the current or future use of these lands.
4. The event parking plan and conditions, as detailed on the Site Plan, shall be adhered to. Parking within the pasture area shall be allowed for overflow parking only on days of large scale events requiring parking greater than the permanent parking area. On event days when this parking area is anticipated to be utilized the driveway shall be staffed in sufficient manner to direct traffic from the driveway access with CR-1 (Lucas Avenue) to the temporary parking location so as not to cause traffic to stack on CR-1.
5. Temporary signage approved by the UC Dept. of Public Works may be required if that agency deems such signage necessary. The applicant shall notify and coordinate with police, fire, and ambulance for these events.
6. Amplification of sound; including but not limited to live music, recorded music, public address systems, portable generators, or any other sound or noise producing element shall comply with Town of Rochester zoning code §140-20 (F) at all times.
7. Attendance of events approved with this Special Use shall be by less than 1500 people per each event. Any event which is expected to be attended by greater than 1500 people shall require a specific permit per each event to be issued by the Town Board under the requirements of Town Code §56, Public Assemblies.
8. Special Use for Commercial Events Facility conditions: The use shall comply with the provisions of Town of Rochester code § 140-35, Commercial Events Facility. Any events held at the facility which are not directly related to the operation of the animal sanctuary for educational or fund-raising purposes shall be considered a commercial event, whether a fee is charged or not for the use of the facility.
9. The use is approved for an indefinite period with no further approvals required.

The Town of Rochester Planning Board further grants the authority to the Chairman to certify condition 2 has been completed without further resolution and to sign and date the plat at such time.

EFFECT of APPROVAL:
1. This Special Use approval and associated conditions shall be binding upon the applicant and all successive owners of the land so long as such use(s) shall occur.
2. This renewal shall be for an indefinite period of time.

Draft resolution was prepared by the Chairman and was read, discussed and amended by the Planning Board.

Adopted March 12, 2018, by the following vote:
Ayes: 6 Nays: 0 Absent: 1

Motion made by Grace
Seconded by Buchbinder

2018-01 MSUB Continuing Application/Public Hearing
Minor Subdivision
Sara Harris
Proposes a minor subdivision of one ±2.93 acre lot into 2 contiguous parcels: one ±2 acre lot and one ±0.93 acre lot to put two existing homes on separate lots. Existing septic and well exist for each proposed lot. Applicant has received an area variance from the ZBA for the nonconforming 0.93 acre lot on 9/21/2017 ZBA 2017-04 AV
4 City Hall Road, SBL 68.3-2-51. R-2 zoning district.
SEQRA: Unlisted Action

Terry Ringler was present on behalf of the application.

The Board reviewed Part 2 of the EAF.

Mr. DeWitt motioned to classify the application as a Negative Declaration under SEQRA. Mr. Williams seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

Vice Chairman Jones opened the meeting for public comment.

No one from the public spoke.

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

The Board had no further questions and read the draft decision.
Findings of the Planning Board
1. The Planning Board received zoning referral for a minor subdivision from the Code Enforcement Officer.
2. Sara Harris granted representation power to Terry Ringler.
3. The applicant’s representative met with the Planning Board and presented a preliminary sketch map for review.
4. The parcel is in the R-2 zoning district. The applicant proposes division of a ±2.93 acres of land between 2 contiguous lots consisting of one ±2.00 acre lot and one ±0.93 acre lot.
5. The smaller ±0.93 acre lot is nonconforming in the R-2 zoning district. The applicant applied for and received a density variance (area variance 2017-04AV) for this lot from the TOR Zoning Board of Appeals on September 21st, 2017.
6. The Planning Board scheduled the application for public hearing conditional on the receipt of a preliminary plan on or before 2/28/2018. Such application and supporting documentation was timely filed.
7. The existing plat is 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 Board reviewed if the proposed lots have safe and legal access.
• The Board concludes there is no change to the approved access with the proposal.
• The existing access meets T/ Rochester zoning code
12. The Board reviewed if the proposed lots have approved water and septic and reviewed location of the existing well and septic areas and each will be located on the parcels of the structures they service with the subdivision as proposed.
• The Board concludes there is no change to approved water and septic.

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 12, 2018 by the following vote:
Ayes: 6 Nays: 0 Absent: 1

Motion to adopt findings by Zurofsky
Second by Buchbinder
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision- Conditional Final Approval to Sara Harris permitting the subdivision of lands situated at 4 City Hall Road approved to be amended as shown on the preliminary plat dated March 1, 2018 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.

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 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 12, 2018, by the following vote:
Ayes: 6 Nays: 0 Absent: 1

Motion made by Buchbinder
Second by Williams

2017-09 SPA Continuing Application/Public Hearing
Site Plan
Rup Kishan Realty
Proposes low-impact retail establishment with two 2 bedroom apartments above
Route 209, S/B/L 76.9-2-39.100, ‘H’, ‘AP Overlay’ and ‘FD Overlay’ zoning districts,
Located within the 100 year flood plain, within 500’ of Town of Wawarsing
SEQRA: Unlisted/Uncoordinated Action

No one was present on behalf of the application.

Vice Chairman Jones noted that the Ulster County Planning Board had not met yet therefore the Board had not received a response from them regarding the application.

Vice Chairman Jones opened the meeting for public comment.

A man spoke about the traffic issues in the area of the proposed building. He noted that there were some minor accidents in the past. He stated that allowing this building to be put in would cause more traffic in the area.

There were no more comments.

The Board discussed speaking with someone about ways to help with the traffic issues.

Supervisor Baden noted that the NYSDOT has complete jurisdiction over all traffic and driveway issues. He stated that the driveway for Dollar General was designed for multiple uses. He added that the Planning Board could make recommendations to DOT regarding the traffic issues.

Mr. DeWitt motioned to hold the public hearing open until April 9th, 2018. Mr. Williams seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

2017-02 SUP/SPA Continuing Application
Site Plan & Special Use Permit – Resort
Inness NY LLC owner, Sommer Partners, LLC applicant
Proposes expansion of existing use (new construction and modification/change of use) of a ±137 acre parcel
10 Bank Street, Accord, NY, SBL 77.1-1-1, AR-3 zoning. AP Overlay & FD overlay zoning districts. Adjacent to Ulster County Ag District #3, contains NWI Wetlands, State Freshwater Wetlands, is within 500 ft. of a National Historic Register property, and within 500+ ft. proximity to a state habitat core’
SEQRA: Type I

Nadine Carney from Peak Engineering and Taavo Somer were present on behalf of the application.

Vice Chairman Jones read a letter from Albert Davis, the Code Enforcement Officer stating

“Please be advised that this office is in receipt of letter dated Mart 9th, 2018 from your office requesting my opinion on whether or not the applicant should be allowed to reconfigure the golf course prior to the issuance of Special Use Permit Approval by the Planning Board for the above referenced PB Application.

Upon reviewing the enclosed “Defined Scope of Work” prepared by King Collins Gold Course Design dated January 25th, 2018, it is my opinion that the applicant should be able to reconfigure the golf course prior to the issuance of Special Use Permit Approval.”

Mrs. Carney explained that the decision was up to the DEC and they planned on applying to see what happened.

The Board discussed the letter from the Code Enforcement Officer.

Mr. Zurofsky stated that the decision was completely the DEC’s on whether they could start work on the Golf Course prior to approval.

Mrs. Carney and Mr. Somer did a presentation on the application for the Board.
Vice Chairman Jones asked about the water and sewer and how much would be used.

Mrs. Carney stated that let water would be used with the reconfiguring of the Golf Course with the updates being made.

Vice Chairman Jones noted that perhaps Clark Patterson Lee, the Towns Engineering Consultant would take a look at the application at some point.

There was no further discussion.

Vice Chairman Jones and Mr. DeWitt recused themselves at 9:02pm.

Mr. Zurofsky motioned to seat Mr. Williams as Chair. Mr. Buchbinder seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

2017-05 SUP Continued Application, Public Hearing
Special Use Permit – Large-Scale Solar System
Town of Rochester (owner) and PV Engineers, PC (applicant)
Proposes a change of use and new construction on a ±67.16-acre parcel
6140 Route 209, SBL 76.1-3-17, AR-3 and AP Overlay zoning districts, Adjacent to Ulster County Ag District #3, NWI Wetlands, partial Prime Farmland on parcel
SEQRA: Type I Action, Neg. Declaration, 7/6/2017

No one was present on behalf of the application.

Mr. Zurofsky motioned to refer the application to the Ulster County Planning Board for review. Mr. Buchbinder seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

There was no further discussion.

2017-05 SUP Continued Application
Special Use Permit- Large-Scale-Solar System
Town of Rochester (Owner) and PV Engineers
Proposes a change of use and new construction on a ±30-acre parcel
Off Airport Rd., SBL 69.3-2-41.1, R-5 zoning district, Adjacent to Ulster County Ag District #3
SEQRA: Type I Action, Neg. Declaration, 7/6/2017

Mr. Zurofsky motioned to refer the application to the Ulster County Planning Board for review. Mr. Buchbinder seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

There was no further discussion.

At 9:11pm Vice Chairman Jones and Mr. DeWitt returned to the meeting.

OTHER MATTERS

Attorney for the Town Christiana spoke to the Board about the Open Meeting Laws.

Mr. Zurofsky motioned to adjourn the meeting at 9:22pm. Mr. Williams seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
Respectfully submitted,

Shaye Davis, Secretary

Adopted and accepted, April 9th, 2018