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

MINUTES OF May 11th, 2020 REGULAR MEETING OF the Town of Rochester PLANNING BOARD, held at 7:00pm via Zoom and streamed on YouTube.

Chairperson Lindstrom recited the Pledge to the Flag.

The Secretary did roll call attendance.

PRESENT: ABSENT:
Chair Lindstrom, Chairperson
Patrick Williams, Vice Chairperson
Rick Jones
Brian Buchbinder
Sam Zurofsky
Zorian Pinsky
Ann Marie Maloney

Also present:
Mary Lou Christina, Town Attorney. Brianna Tetro, Secretary. Mike Baden, Town Supervisor and Zoom Host.

ANNOUNCEMENTS and COMMUNICATIONS:

Chair Lindstrom read the following statement:

I have confirmed with the Town’s Counsel that tonight’s meeting has been convened in accordance with the Governor’s March 13, 2020 Executive Order 202.1 which suspends certain provisions of the Open Meetings Law to allow a municipal Board to convene a meeting via videoconferencing. In accordance with the Executive Order, the public has been provided with the ability to view tonight’s work session meeting via YouTube and a transcript will be provided at a later date.

The Planning Board Secretary has completed a roll call of the Board Members and there is a quorum present for this meeting. I have also confirmed with the Secretary that this meeting has been duly noticed.

We have fulfilled our legal notice requirements by posting Notice on the Town Clerk bulletin board and outside door, posting legal notice in the Shawangunk
Journal, and posting notice on the Town’s website.

Chair Lindstrom made the motion to cancel the May 25th,2020 Workshop meeting as it fell on Memorial Day. Mr. Jones seconded the motion.
Roll Call:
Chair Lindstrom- Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
Mr. Buchbinder- Yes
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.

TRAININGS:

Chair Lindstrom informed the Board of several upcoming trainings that would be done online and were through the Sullivan County Division of Planning & Community Development and would be held on May 13th, May 27th, and June 10th.

Mr. Pinsky asked about confirmation of attendance if it was done online.

Chair Lindstrom stated they usually emailed a certificate upon completion.

ACTION ON MINUTES

Ms. Maloney made the motion to accept the minutes from the April 13th, 2020 Regular Meeting. Mr. Jones seconded the motion.
Roll Call:
Chair Lindstrom- Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
Mr. Buchbinder- Yes
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.

APPLICATION REVIEW:
PB 2020-01 SBD Public Hearing/Continued 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. Jack Dawson and Ms. Cindy Graham were present on behalf of the application.
Attorney Christiana reminded the Board they needed to determine SEQRA before opening the Public Hearing.

Chair Lindstrom made the motion to type the application as an unlisted/uncoordinated action for SEQRA. Mt. Jones Seconded the motion.
Roll Call:
Chair Lindstrom- Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
Mr. Buchbinder- Yes
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.

The Board went through the EAF Part II.

Mr. Pinsky asked if the could still make a declaration without input from the DEC in regards to the habitat core.

Chair Lindstrom said the habitat cores were pointed out on the map.

Chair Lindstrom made the motion to declare a Negative declaration for SEQRA. Mr. Williams seconded the motion.
Roll Call:
Chair Lindstrom- Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
Mr. Buchbinder- Yes
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.

Chair Lindstrom informed the Board they had received feedback from both the Town Highway Department and the Fire Department. She said both departments had stated they had no issue with the subdivision and the Fire Department had noted there was plenty of access for emergency vehicles. She noted they had also reached out to the DEC for comments on the surrounding areas of water and the habitat cores but did not receive a response and they had also sent to application to the Ulster County Planning Board and did not receive a response.

Attorney Christiana said the Road Maintenance Agreement still needed editing. She said the name and date of the map needed to be added.

Mr. Pinsky asked about the water situation for the well.

Attorney Christiana said they had done pert tests and Mr. Barry Medenbach, Engineer had provided a statement explaining it could support both well and septic.

Chair Lindstrom opened the public hearing.

No one from the public spoke.

Chair Lindstrom made the motion to close the public hearing. Mr. Williams seconded the motion.
Roll Call:
Chair Lindstrom- Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
Mr. Buchbinder- Yes
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.

There was no further discussion.

Chair Lindstrom read the decision:

Decision: PB 2020-01 SBD
Minor Subdivision Conditional Final Approval

Applicant: Cindy Graham

Reason for Request: Proposes the subdivision of S/B/L 68.1-4-45 (+/- 47.5 acres) into 4 lots

Location: 13 Van Tine Rd, Kerhonkson, NY
Total Acreage: ±47.5 acres
S/B/L: S/B/L 68.1-4-45 Zoning District: R-5 (Rural Conservation)
Parcel contrains Ulster County Habitat Core Lands

Code Enforcement Determination: Minor Subdivision
Zoning Permit: 039 of 2020

Planning Board Application: 2020-01 SBD
PB Application filed: 2/06/2020 EAF filed: 2/06/2020

SEQR Type: Unlisted, Uncoordinated – 05/11/2020
SEQR Determination: Negative Declaration – 05/11/2020
Other Agency Referrals: Ulster County Planning Board

Documents considered by the Planning Board for review

1. Zoning Permit 039 of 2020 determination of Minor Subdivision received & dated 2/07/2020
2. Planning Board Subdivision application 2020-01 SBD received 2/06/2020
3. Letter of Representative powers from Ms Graham to John Dawson received 3/9/2020 and to Medenbach & Egggers Civil Engineering & Land Surveying received 2/06/2020
4. Short Form EAF Part 1 received 2/06/2020
5. Preliminary Site Plan received 2/03/2020. Revised 3/30/2020. Revised 4/24/2020
6. Road Maintenance agreement received 3/20/2020 revised 4/27/2020
7. Letter from Accord Fire District certifying emergency access received 4/27/2020
8. Letter from Medenbach & Egggers Engineering & Land Surveying certifying septic, received 4/30/2020
9. Letter from TOR Highway Supervisor received 4/30/2020
10. Letter from UCPB received 5/11/2020 stating exempt from UCPB review.

Notice of Public Hearing:

1. Published in the April 9th, 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: 4/13/2020 & 5/11/2020 Place: Virtual Meeting(s), Accord, NY
Public Comment: (see Minutes of Town of Rochester Planning Board, 4/13 & 5/11, 2020)
* * * *
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-5 zoning district. The applicant proposes the subdivision of S/B/L 68.1-4-45 (+/- 47.5 acres) into 4 parcels of +/-20.1 (lot 4), 14.27 (lot 1), 5.87 (lot 3) and 5.8 acres (lot 2), respectively.
4. The existing plat is filed with the Ulster County Clerk.
5. The current use of the parcel is residential and woodlands. Town of Rochester R-5 zoned districts are Rural Conservation Districts, which are intended to conserve large open areas of the Town while allowing for very low density residential development. The Board encouraged the applicant to preserve the existing natural resources and woodlands as per subdivision code guidelines stated in TOR zoning code §125-21 and §125-22. Additionally, an Ulster County Habitat Core is found on the rear of proposed lot 4 (+/- 20.1 acres). The Planning Board discussed this in the regular public meeting of 4/13/2020 and expressed the preference that no development is to occur within the Habitat Core area. This will be a condition of approval.
6. Existing site conditions includes a single-family dwelling with water and septic and accessory structures which are to remain within one of the four lots.
7. The application was determined to meet the requirements of an Unlisted SEQRA action.
• A Negative Declaration was determined upon review.
8. A Public Hearing was held.
9. The Board reviewed if the proposed lot has safe and legal access.
• The Board concludes that all four proposed lots will have adequate >/= 50 foot frontage on the Town Highway Van Tine Road. The board contacted the TOR Fire department (Accord Fire District) and the TOR Highway Supervisor, who responded that the private shared driveway meets UCDOT and TOR emergency access requirements.
10. The Board received a road maintenance/shared driveway agreement for the proposed subdivision. The road maintenance/shared driveway agreement was referred to the TOR Attorney for review.
11. The parcel is in the R-5 zoning district. Upon review, the Board concludes that the 4 proposed parcels meet or exceed the bulk standards requirements for the R-5 zoning district.
• The Board reviewed if the proposed lots could support water and septic. Lot 1 has existing water and septic. Percolation Test for Septic were performed by Meddenbach and Eggers Civil Engineering & Land Surveying. The Planning Board received engineer certification that the 3 new lots (lots 2, 3 and 4) can support water and septic.
• The Board requested the final site plan showed the proposed location of septic, well, access and structures be detailed.

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 May 11th, 2020 by the following vote:
Ayes: 7 Nays: 0 Absent: 0

Motion to adopt findings by: Chair Lindstrom
Second by : Mr. Williams
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision- Conditional Final Approval to permitting the subdivision of lands situated at: 13 Van Tine Road, Kerhonkson, NY.

The subdivision plan dated April 24th, 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. The applicant shall present a Final Plat for signature. The following plat note shall be included:
a. “The plat is not capable of being subdivided further or is so restricted”.
b. “Shared Driveway: the proposed ingress-egress easements shown shall be used in common by the owner(s) of lots 1. 2 and 3. All such easements shall be in effect and binding on owners of said lots, their heirs, successors, and assignees and all future owners of said lots their heirs, successors and assignees upon filing of this subdivision plat in the office of the Ulster County Clerk”.
c. “Fire Code As per NY State Fire Code a driveway over five hundred (feet) must be accessible and be able to hold a 75,000 (seventy five thousand) pound, 30 (thirty) foot long vehicle as determined by a licenced engineer with facilities for turning around to be available within 100 (one hundred) feet of any structure. A driveway over 500 feet must have a minimum width of 20 (twenty) feet and minimum vertical clearance of 15 (fifteen) feet. A driveway must be free of all obstruction such as trees, brush, posts, gates, etc.”
3. Any and all development shall comply with §125-21 and §125-22; with specific attention to be paid to §125-22 A (4), (5), (7) & (8) regarding woodlands preservation. The Planning Board expresses the preference that no development shall occur within the Ulster County Habitat Core Area.
4. 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 & 2 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 May 11th 2020, by the following vote:
Ayes: 7 Nays: 0 Absent: 0

Motion made by : Chair Lindstrom
Second by: Mr. Jones

PB 2020-01 SPA Continued 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

Mr. Barry Medenbach and Ms. Jessica Medenbach were present on behalf of the application.

Chair Lindstrom explained what the application was all about.
Chair Lindstrom asked Mr. Medenbach if he had added Ms. Medenbach to his LLC as the New York State Code stated that a Bed and Breakfast needed to be owner occupied.

Mr. Medenbach said that he had spoken with Mr. Jerry Davis, Code Enforcement Officer and Mr. Davis said that a daughter would count as an owner.

Chair Lindstrom said she had spoken with Mr. Davis and he had not said that.

Attorney Christiana said that it was a NYS law and not a Town law so therefore they had to follow what the state said and Mr. Davis had to enforce it in that way. She noted that the Planning Board could still review the application and make a decision without proof of Ms. Medenbach on the LLC but it would be up to Mr. Davis to enforce the NYS law.

Chair Lindstrom told Mr. Medenbach if he didn’t add Ms. Medenbach to the LLC he risked not obtaining a C/O.

The Board discussed the matter of Ms. Medenbach being added to the LLC further. They also reviewed what had been submitted by the applicants and found it sufficient enough to set the application for public hearing.

Mr. Williams made the motion to set the application for public hearing at the June 8th, 2020 regular meeting. Mr. Jones seconded the motion.
Roll Call:
Chair Lindstrom- Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
Mr. Buchbinder- Yes
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.

Attorney Christiana asked if the application needed to be sent to Ulster County Planning Board for its proximity to Samsonville Road.

Supervisior Baden said it was exempt and it would only need to be referred to the County if they were increasing parking.

Mr. Medenbach stated they were actually decreasing the parking.

Attorney Christiana noted the application was a Type II for SEQRA.

There was no further discussion.

ADJOURNMENT:

Mr. Buchbinder made the motion to adjourn the meeting at 8:15pm. Mr. Williams seconded the motion.
Roll Call:
Chair Lindstrom- Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
Mr. Buchbinder- Yes
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.

Respectfully Submitted,

Brianna Tetro, Secretary