PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF March 9th, 2020 REGULAR MEETING OF the Town of Rochester PLANNING BOARD, held at 7:00pm at the HAROLD LIPTON COMMUNITY CENTER, Accord, NY.
Vice Chair Williams asked everyone to stand for the Pledge to the Flag.
The Secretary did roll call attendance.
PRESENT: ABSENT:
Patrick Williams, Vice Chair Maren Lindstrom, Chair
Rick Jones Zorian Pinsky
Brian Buchbinder Ann Marie Maloney
Sam Zurofsky
Also present:
Brianna Tetro, Secretary. Mary Lou Christiana, Attorney for the Town.
ANNOUNCEMENTS AND COMMUNICATIONS:
Vice Chair Williams asked for a moment of silence in remembrance of Mr. Harold Lipton.
Vice Chair Williams announced that due to scheduling conflicts the representatives for the Wayward Ranch asked for an adjournment until the April 13th, 2020 regular meeting and waived their right for a decision within the 62-day period of a public hearing being closed.
ACTION ON MINUTES:
Mr. Jones made the motion to accept the February 10th, 2020 Regular Meeting minutes. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
4 ayes, 0 nays, 0 abstentions, 3 absent.
Mr. Jones made the motion to accept the January 27th, 2020 Workshop Meeting minutes. Mr. Zurfosky seconded the motion.
All in Favor. Motion Carried.
4 ayes, 0 nays, 0 abstentions, 3 absent.
APPLICATION REVIEW:
PB 2020-03 LLI New Application
Miles Pittman & Clarina Bezzola
A lot improvement proposing a lot line deletion to combine parcel S/B/L 59.8-2-13.12 (+/- 8.1 acres, R-2 zoned) and parcel S/B/L 59.8-2-13.11 (+/- 8.1 acres, R-2 zoned) to form one +/- 16.2 acre parcel.
SEQRA: Type II by Code
Vice Chair Williams stated this application was being tabled until the April 13th, 2020 meeting as they did not have their required items documents in on time.
2019-11 SUP Public Hearing/Continued Application
Farmers in Accord, LLC (Applicant & Owner)
Two Family Dwelling Conversion
Applicant proposes the conversion of a single family residence into a two family residence by the use of an existing apartment space for a second dwelling. Property is +/- 42 acres (S/B/L 77.1-2-33.610) and is located at 2880 Lucas Turnpike, Accord, NY in the AR-3 zoning district and is in the Ulster County AG-3 district. Existing facilities include a single family residence, farm, greenhouses and vacant land. Parcel contains freshwater & ACOE wetlands, hydric soils, prime farmland and farmland of statewide importance, and is partially in the FD Overlay District.
SEQRA: Type II determination at January 13th regular PM Meeting
Mr. George Kaplan was present on behalf of the application.
Mr. Kaplan reminded the Board about what the application was all about.
Mr. Williams opened the public hearing.
No one from the public spoke.
Mr. Jones made the motion to close the public hearing. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
4 ayes, 0 nays, 3 absent, 0 abstentions.
The Vice Chair and the Board read the decision:
Decision 2019-11 SUP
Special Use Permit Final Approval
Applicant: Applicant, Farmers in Accord, LLC
Reason for Request: Applicant proposes the conversion of a single family residence into a two family residence by the use of an existing apartment space for a second dwelling. Property is +/- 42 acres (S/B/L 77.1-2-33.610) and is located at 2880 Lucas Turnpike, Accord, NY in the AR-3 zoning district and is in the Ulster County AG-3 district. Existing facilities include a single family residence, farm, greenhouses and vacant land. Parcel contains freshwater & ACOE wetlands, hydric soils, prime farmland and farmland of statewide importance, and is partially in the FD Overlay District.
Location: 2880 Lucas Turnpike, Accord, NY
S/B/L: 77.1-2-33.610
Total Acreage: ± 42 acre parcel
Zoning District: Parcel is AR-3 zoned (residential agriculture district).
Code Enforcement Determination: Special Use Permit
Zoning Permit: 491 of 2019, filed 11/19/2019
Planning Board Application: 2019-11 SUP
PB Application filed: 12/10/2019
SEQR Type: Type II
Other Referrals: N/A. Action exempt from referral to Ulster County Planning Board
Documents considered by the Planning Board for review for the application:
1. Zoning Permit 19/491 for a two family dwelling conversion dated 11/19/2019
2. Planning Board Special Use/Site Plan application 2019-11 SUP/SPA – dated 12/10/2019
3. Survey Map and Site Plan sketches- received 1/27/2019
4. Aerial Views of parcel with overlays– 1/13/2019
5. Photographs of site, proposed apartment, parking and interiors received 1/27/2020
6. Exterior structural elevation plan of home and interior floor plan of proposed apartment received 1/27/2019
* * * * *
Notice of Public Hearing:
1. Published in the February 27th, 2020 edition of the Shawangunk Journal.
2. Notice by mail to known landowners within 500’.
3. Posted on the T/ Rochester Clerk bulletin board and Town of Rochester website.
Date of Public Hearing: 3/9/2020
Place: Community Center, Accord, NY
Public Comment: see Minutes of Town of Rochester Planning Board, March 9th, 2020
* * * *
Findings of the Planning Board with review of the application:
1. The Planning Board received a zoning referral for the approval of a Special Use Permit for a two family dwelling conversion. The proposed use is to convert an existing space with bedroom, kitchenette, living space, and full bathroom to a separate apartment (second dwelling) in a single family dwelling. The proposed apartment has separate access and separate parking. The use is a permitted use in an AR-3 zoning district.
2. The Planning Board received a Site Plan and Special Use application, a survey and sketch plans and photographs of the parcel and residence showing parking, drive, existing residence and proposed apartment, apartment floor plan and apartment location within the main residence from the applicant.
3. The applicant demonstrated that there will be no external physical changes to the parcel and/or single family residence or any accessory structures with the use. The footprint of the residence and the parcel are not altered by the use and no “external evidence of the use or alterations inconsistent with the residential use or appearance of the buildings” (as per code) are present.
4. The parcel to be developed is known as SBL 77.1-2-33.610
5. The use as proposed is compliant with all articles of §140-10 Lot Development Standards and §140-27 Conversions of Residential or Non-Residential Structures.
6. The Planning Board inquired about the adequacy of water and septic. Water and septic will remain shared.
7. SEQRA Review was conducted on 01/13/2020 and was typed as a Type II Action. No further action was required by the Planning Board.
8. A Public Hearing was held.
Draft findings were prepared by the Chairman and were read, discussed and amended by the Planning Board.
Adopted March 9th, 2020
Ayes: 4 Nays: 0 Absent: 3
Motion to adopt findings by: Mr. Zurofsky
Second by: Mr. Buchbinder
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Special Use–Final Approval for a two family dwelling conversion as defined per §140-27 on +/- 42 acres of property located at 2880 Lucas Turnpike, Accord NY, S/B/L 77.1-2-33.610, an AR-3 zoning district of the Town of Rochester.
Special Use Permit dated March 9th, 2020 is approved with the following conditions:
CONDITIONS of APPROVAL:
1. All Local, County, State, and Federal Laws or Codes shall be complied with for the current or future use of these lands.
2. Any and all fees due to the Town of Rochester involving this application shall be paid in full prior to the Chairman’s signature on the Special Use Permit.
3. Any deviation from or amending of the approved and signed Special Use Permit shall require resubmission to the Planning Board, except as may be permitted as determined by the Code Enforcement Officer.
4. 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 Special Use Permit, the matter shall be referred to the Planning Board for consideration.
The Town of Rochester Planning Board further grants the authority to the Chairman to certify condition 2 has been completed without further resolution and to sign and date the plat at such time.
EFFECT of APPROVAL:
1. This 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 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 9th, 2020, by the following vote:
Ayes: 4 Nays: 0 Absent: 3
Motion made by : Mr. Zurofsky
Seconded by: Mr. Buchbinder
2019-15 SBD Public Hearing/Continued Application
Catskill Farms Inc. (Applicant & Owner)
Minor Subdivision
Applicant proposes the subdivision of a +/- 9.6 acre parcel (S/B/L 68.1-3-32.111) into two parcels, one of 7.64 acres and one of 2 acres. Parcel(s) are located at 10 Old Farmhouse Rd, Kerhonkson, NY. The parcel presently has a single family residence under construction. The parcel further contains undeveloped gently sloping woodlands. Parcel is R-2 zoned (low density residential). Parcel contains Ulster County Habitat Core lands.
SEQRA: Unlisted/Uncoordinated, Neg Dec February 10th, 2020
Mr. Chuck Petersen was present on behalf of the application.
Mr. Petersen explained the revisions done to the maps as was discussed at the previous month’s meeting. He also noted that 4 wells had been drilled and water would not be an issue.
Mr. Jones asked if Mr. Petersen planned on adding where the habitat cores were on the final maps.
The Board discussed that the habitat cores had been talked about and explained at the previous month’s meeting and that it was not a requirement to add them to the maps. There was also a discussion that the habitat cores were shown on Ulster County Parcel Viewer.
Mr. Jones stated he’d like to see the habitat cores put on maps for any and all applications in the future.
Vice Chair Williams opened the public hearing.
There were no comments from the public.
Mr. Zurofsky made the motion to close the public hearing. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
4 ayes, 0 nays, 3 absent, 0 abstentions.
The Board read the decision:
Decision: PB 2019-15 SBD
Minor Subdivision Conditional Final Approval
Applicant: Catskill Farms. LLC
Reason for Request: Proposes the subdivision of a +/- 9.64 acre parcel (S/B/L 68.1-3-32.111) into two parcels, one of 7.34 acres and one of 2.3 acres. Parcel(s) are located at 10 Old Farmhouse Drive (aka Chris Drive), Kerhonkson, NY. The parcel presently has a single family residence under construction. The parcel further contains undeveloped gently sloping woodlands. Parcel is R-2 zoned (low density residential). Parcel contains Ulster County Habitat Core lands.
Location: 10 Old Farmhouse Drive, Kerhonkson, NY
Total Acreage: ± 9.64 acres
S/B/L: 68.1-3-32.111 Zoning District: R-2
Code Enforcement Determination: Minor Subdivision
Zoning Permit: 509 of 2019
Planning Board Application: 2019-15 SBD
PB Application filed: 12/10/2019 EAF filed: 12/06/2019
SEQR Type: Unlisted, Uncoordinated – 2/10/2020
SEQR Determination: Negative Declaration – 2/10/2020
Other Agency Referrals: N/A
Documents considered by the Planning Board for review
1. Zoning Permit 509 of 2019 determination of Minor Subdivision dated 11/21/2019
2. Planning Board Subdivision application 2019-15 SBD received 12/10/2019, corrected 1/13/2020
3. Short Form EAF Part 1 received 12/06//2019, amended 1/13/2020 & 2/10/2020
4. Narrative cover letter from Chuck Petersheim President of Catskill Farms, LLC received 11/26/2019
5. Well verification letter from Rothe Engineering received 1/27/2020
6. Well Log for existing well from NYS DEC received 1/27/2020
7. Site Plan Map received 12/06/2020 revised 1/30/2020, final 3/09/2020
8. Ulster County Parcel Viewer Ariel View from PB Secretary 1/13/2020
Notice of Public Hearing:
4. Published in the February 27th, 2020 edition of the Shawangunk Journal.
5. Notice by mail to known landowners within 500’.
6. Posted on the T/ Rochester Clerk bulletin board and Town of Rochester website.
Date of Public Hearing: 3/9/2020 Place: Rochester Town Hall, Accord, NY
Public Comment: (see Minutes of Town of Rochester Planning Board, March 9th, 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 subdivision map for review.
3. The parcel is in the R-2 zoning district. The applicant proposes the subdivision of S/B/L 60.3-1-32.111 (+/- 9.6 acres) into 2 parcels of +/- 7.34 and +/- 2.30 acres, respectively.
4. The existing plat is filed with the Ulster County Clerk.
5. The current use of the parcel is residential and woodlands. The parcel is Town of Rochester R-2 zoned. R-2 districts are Low Density Residential Districts, which are intended to recognize and preserve the integrity of predominantly low density rural residential areas of the Town and to protect them from intrusion of incompatible uses. The Board informed the applicant that adherence to the guidelines to preserve the existing natural resources and woodlands as per subdivision code guidelines stated in TOR zoning code §125-21 and §125-22 shall be encouraged.
6. The back of the existing plat is sloping, densely wooded and is an Ulster County designated Habitat Core. The Board discussed the placement of new construction and preservation of wooded habitat area. The applicant stated that no development is to occur within this part of the subdivided plat and that development shall be within 250 feet of the existing private road. The Board requested that the proposed location of new construction, septic, well and access be put on the site plan. This will be a condition of approval.
7. Existing site conditions includes a newly constructed single-family dwelling with water and septic and which is to remain within one of the lots.
8. The application was determined to meet the requirements of an Unlisted SEQRA action.
• A Negative Declaration was determined upon review.
9. A Public Hearing was held.
10. The Board reviewed if the proposed lot has safe and legal access.
• The Board concludes that both proposed lots will have adequate >/ 50 foot access. The new proposed +/- 2.3 acres lot will have frontage on Cedar Drive. The proposed +/- 7.34 acre parcel will maintain frontage on the private road Old Farmhouse Drive (aka Chris Drive).
11. The parcel is in the R-2 zoning district. Upon review, the Board concludes that the 2 proposed parcels meet or exceed the bulk standards requirements for the R-2 zoning district.
The 2.34 acre lot does not have a designated lot number on the map. That lot should be designated as lot 1A and such designation should be included on the map.
• The Board reviewed if the proposed lots could support water and septic. The existing lot one has existing water and septic. A water well completion report from the NYS DEC was provided for lot #1. The Planning Board received a letter of engineer certification from Rothe Engineering & Construction certifying that the proposed new lot #1A has adequate water.
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 9th, 2020 by the following vote:
Ayes: 4 Nays: 0 Absent: 3
Motion to adopt findings by: Mr. Zurofsky
Second by : Mr. Buchbinder
Motion revoked by Mr. Zurofsky, Seconded by Mr. Buchbinder
Adopted March 9th, 2020 by the following vote:
Ayes: 4 Nays: 0 Absent: 3
Motion to adopt findings as amended by: Mr. Zurofsky
Second by : Mr. Buchbinder
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision- Conditional Final Approval to permit the subdivision of lands situated at: 10 Old Farmhouse Drive (aka Chris Lane)
The subdivision plan revised March 9th, 2020 is approved with the following conditions.
CONDITIONS of APPROVAL:
1. All fees due to the Town of Rochester involving this application shall be paid in full prior to the Chair’s signature on the Final Plat.
2. Certification shall be provided indicating lot 2 is capable of supporting onsite septic in the form of preliminary or final approval by the Ulster County Health Department or a signed letter by a NYS licensed engineer.
3. The new 2.34 acre lot shall be designated on the subdivision map as Lot #1A
4. The applicant shall present a Final Plat for signature. The proposed location of new construction, septic, well and access shall be designated on the plat. The following plat note shall be included:
a. “The plat is not capable of being subdivided further or is so restricted without Planning Board permission”.
5. No development shall occur within the Ulster County Habitat Core Lands.
6. Any and all development shall comply with §125-21 and §125-22; with specific attention to be paid to §125-21 (D) regarding the preservation of natural features and §125-22 A (4) (5) & (7) regarding woodlands preservation and (7) regarding sloping lands.
7. All required Local, County, State or Federal permits shall be secured for the current and future use of these lands.
This Conditional 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 Minor Subdivision- Conditional Final Approval permitting the subdivision of lands upon satisfactory completion of the conditions of approval 1 – 4 and grants the authority to the Chairman to certify that the conditions have been met and review, sign and date the plat without further resolution 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 9th, 2020, by the following vote:
Ayes: 4 Nays: 0 Absent: 3
Motion made by: Mr. Buchbinder
Second by : Mr. Zurofsky
2019-12 SPA Continued Application
Rup Kishan Realty, LLC (Applicant) Nimisha & Tejal Patel (Owner)
Amend Site Plan Approval PB 2017-09 SPA
Applicant proposes changes (amendment of Site Plan) in the landscaping plan for PB SPA 2017-09. Parcel is +/- 1.45 acres (S/B/L 76.9-2-39.100) and is located at 6270 Route 209, Kerhonkson, NY in the H (Hamlet), FD and AP Overlay zoning districts. Located in the 100 year flood plain and within 500’ of Wawarsing.
SEQRA: TBD
Vice Chair Williams stated this item was also taken off the agenda as the applicants had sent an email that afternoon stating they were going to stick to their original site plan.
PB 2020-01 SBD New Application
Cindy Graham Applicant & Owner
Minor Subdivision
Proposes the subdivision of a +/- 47.5 acre parcel located at 13 Van Tine Road, Kerhonkson, NY, S/B/L 68.1-2-45 into 4 parcels. The parcel presently contains a single family residence with septic and well. Parcel is in the R-5 zoning district (rural conservation district). The parcel contains Habitat Core Lands of Medium Importance.
SEQRA: TBD
Mr. John Dawson was present on behalf of the application.
Mr. Dawson explained what the application was about.
Vice Chair Williams asked Mr. Dawson about the proposed driveway on the map as it was a little confusing.
Mr. Dawson stated they were going to move the driveway over 50 ft.
Attorney Christiana explained if they were going to move the driveway, they needed to show it on the map.
Vice Chair Williams also noted they would need a Road Maintenance Agreement and a Driveway agreement.
The Board discussed having the Habitat Cores on the map.
Mr. Dawson stated the habitat cores would be shown on the maps.
Mr. Jones asked if both septic and well were required.
Vice Chair Williams said they only needed to show both if they proposed building on lots.
Mr. Dawson stated they had done some pert holes and there was plenty of water.
Attorney Christiana said there were some items that needed to be addressed for the next meeting as there still seemed to be some uncertainty from the applicant about what exactly was going to be done.
Mr. Dawson said they would provide all the details before the April 13th 2020 meeting.
The Board discussed what items they wanted to see on the maps at the next meeting along with what documents would be needed as well. They discussed if the application was ready to be set for public hearing and decided they would need all required material submitted no later than March 30th 2020.
Mr. Jones made the motion to set the application for public hearing at the April 13th, 2020 regular meeting, contingent on the applicant having all requested material in by March 30th 2020. Mr. Buchbinder seconded the motion.
All in Favor. Motion Carried.
4 ayes, 0 nays, 3 absent, 0 abstentions.
PB 2020-01 SPA New Application
Bone Hollow, LLC c/o Barry Medenbach (dba Pataukunk House)
Site Plan Approval
The applicant proposes a change of use for the conversion of an existing 6 (six) bedroom single family residence with existing well and septic into a bed and breakfast facility. The existing 4 (four) upstairs bedrooms are to be rented, with the innkeeper residing on the first floor. The parcel is located at 322 Clay Hill Road, Kerhonkson, NY (S/B/L76.5-2-39.1 +/-0.67 acres). The parcel is within 500 feet of a UC AG-3 District, contains prime farmland, fronts the Long Path Trail and is in the Aquifier Overlay (AP District).
SEQRA: TBD
Ms. Jessica Medenbach and Mr. Kyle Crawford were present on behalf of the application.
Vice Chair Williams stated there was a NYS Code that stated it was required that a Bed and Breakfast must be owner occupied.
Ms. Medenbach stated she and Mr. Crawford would be residing on the first floor.
Vice Chair Williams asked if they had a share in Bone Hollow, LLC.
Ms. Medenbach stated they did not.
Vice Chair Williams said they needed to be members of the LLC.
Attorney Christiana explained they just needed a percentage of the LLC, even something as small as 1%.
Ms. Medenbach stated she would make sure they did that.
Ms. Medenbach and Mr. Crawford explained their project.
Mr. Jones stated they would need to have a proper site plan which would include the parking lot and number of spaces, lighting, landscaping, etc.
Vice Chair Williams noted they would also need to show the neighbors on each side of the road.
Mr. Jones explained the lighting the Board would want to see on the revised plans.
The Board discussed the other items that would need to be seen on the site plans. They noted the revisions needed to be in to the Planning Board secretary no later than March 30th, 2020 in order to be reviewed at the April 13th, 2020 meeting.
PB 2020-01 SUP New Application
Estate of Dutka (Owner) 6050 Route 209, LLC (Applicant) (dba The Willows)
Special Use Permit
The Applicant proposes the renovation and remodeling of an existing vacant summer camp to function as a Resort as per 140-35 (D). The parcels are located at 6050 route 209, Kerhonkson, NY (S/B/L 76.1-3-18 +/- 71.3 acres & S/B/L 76.1-3-23 +/- 2.8 acres). Parcels are in the AR-3 and B zoning districts. Parcels are within 500 ft of Ulster County AG-3 Agricultural District lands, are partially in FD overlay district, contain hydric soils, contain Ulster County Habitat Core Lands, are on a Scenic Byway and contain ACOE and NYSDEC wetlands.
SEQRA: TBD
Mr. Joseph Russik and Mr. Ed Moldenado were present on behalf of the application.
Mr. Russik and Mr. Moldenado explained the project which included renovating the existing structures on the property and using the property for events. It would include 28 lodging units and a café, lounge, etc.
There was confusion among the Board about who was the applicant as there were several different names on the applications.
Attorney Christiana asked Mr. Russik to explain how all the people were connected and that Mr. Dutka would need to amend his original authorization to represent all of them.
Mr, Eugene Dutka was present in the audience and gave both Mr. Russik and Mr. Moldenado authorization to represent the estate.
Attorney Christiana said they would still need something in writing for the Board.
Mr. Zurofsky gave them an idea on what would need to be shown on a full site plan.
Mr. Jones explained and listed all the items to be shown on the site plan and stated they would need to provide a full site plan by March 30th, 2020 in order to be on the April 13th, 2020 regular meeting docket.
The Board discussed the application further and reminded the applicant of all the items needed going forward.
OTHER MATTERS:
Mr. Zurofsky made the motion to cancel the March 30th, 2020 workshop meeting. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
4 ayes, 0 nays, 3 absent, 0 abstentions.
ADJOURNMENT:
Mr. Zurofsky made the motion to adjourn the meeting at 8:32pm. Mr. Buchbinder seconded the motion.
All in Favor. Motion Carried.
4 ayes, 0 nays, 3 absent, 0 abstentions.
Respectfully Submitted,
Brianna Tetro, Secretary
Adopted and Accepted, April 13th, 2020