Planning Board Minutes May 2015

PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
torpbzba@hvc.rr.com

MINUTES OF MAY 11, 2015 the Town of Rochester PLANNING BOARD, held at the Town of Rochester Community Center, Accord, NY.

Chairman Baden asked that everyone stand to say the Pledge to the Flag.

The Secretary did roll call attendance.

PRESENT: ABSENT: Michael Baden, Chairman John Dawson
Adam Paddock Shane Ricks Melvyn Tapper Fred O’Donnell, Vice Chair
Maren Lindstrom

Also present:
Patrick Williams, Alternate. Rebecca Paddock Stange, Secretary. Mary Lou Christiana, Town Attorney.

Chairman Baden noted that as there were absent members at this meeting, Mr. Williams would be seated as a regular member for this meeting.

ANNOUNCEMENTS and COMMUNICATIONS
Chairman Baden noted that the Town Board passed the resolution last Thursday to amend the Zoning Map that the PB reviewed at the last meeting.
ACTION ON MINUTES
Ms. Lindstrom motioned to adopt the April 20, 2015 regular meeting minutes seconded by Mr. Paddock. No discussion.
Vote:
Baden: Yes Tapper: Abstain
O’Donnell: Absent Lindstrom: Yes
Ricks: Absent Dawson: Absent
Paddock: Yes Williams: Yes

Motion carried. 4 ayes, 0 nays, 3 absent, 1abstentions (including alternate)

PB 2015-04 LLI New Application
Lot Improvement – Lot Line Adjustment
Gerald Amato and Katie Weems/Brett Lowell
Proposes conveyance of +/- 0.239 acres (a 25 foot strip of land) between two contiguous parcels
65 Waterfalls Rd and 69 Waterfalls Rd., S/B/L # 68.13-2-1 and 68.13-1-2.100, ‘R-1’ zoning district

Terry Ringler, Land Surveyor was present on behalf of the application. He noted that the Weems’ property utilizes a 10’ wide right of way and the current structure is only 1.2’ off of the boundary line. In talking with Mr. Amato who is in the process of selling his property, they would like to obtain a 25’ strip of property parallel with the right of way to thus put their building in compliance with Zoning Regs and to afford them better access to their garage. The only other people, who utilize that right of way, will continue to do so is Matthew Paley on Markle Drive. The right of way was done when the Markle, Iken Road Subdivision was done and it has a really good base on it for the years that it’s been there. You could drive a car all the way to the top. No one has control over the right of way. Each of the properties has a right to use it and that wouldn’t’ change. They were just extending the boundaries beyond it. There are notes explaining on that on the maps.

Chairman Baden noted that with this change, parcel B is brought into compliance and this is exactly what a lot line adjustment should be doing.

Mr. Williams made a motion to accept the Lot Line Adjustment. Seconded by Ms. Lindstrom. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Absent Lindstrom: Yes
Ricks: Absent Dawson: Absent
Paddock: Yes Williams (alt): Yes

Motion carried. 5 ayes, 0 nays, 3 absent, 0 abstentions (including alternate)

PB 2015-02 SUP Continued Application,
SEQRA Determination, Public Hearing
Special Use
Frank Macagnone and Keith Eddleman aka Crested Hen Farms
Proposes expansion of use of an existing barn on a +/- 32 acre residential parcel for the use ‘Commercial Events Facility’ with parking and related supporting amenities
607 County Route 6, S/B/L #77.002-2-12.1, ‘AR-3’, ‘AP Overlay’ and ‘FD Overlay’ zoning districts, Located in Ulster County Ag District #3, Located within Alligerville Historic District proposed listed on the National Register, Located within the 100 year flood plain

Mr. Medenbach, PE and Mr. Moriello, applicant’s attorney were present on behalf of the application.

Mr. Medenbach noted that they had a habitat assessment report prepared, even though there would be no trees cut down and limited disturbance. They still asked a biologist to look at it and he wrote up a report.

Mr. Moriello noted that they also had an addendum, and an acoustical study that they submitted at this meeting. The sound study was prepared by a local sound technician who has worked on sound studios and they asked him for some advice on controlling the sound on the inside of the building so that it doesn’t leave the building and the client has agreed to implement those mitigations.

Ms. Lindstrom asked what the distance was between this project and the closest house?

Mr. Medenbach replied it was about 300’ from the road, so maybe 400-500’. The house on the corner of Creek Road would be the closest.

Chairman Baden asked what was the status of the drive changes?

Mr. Medenbach noted that he hadn’t filed a formal application with the County yet. They’ve been backed up with work, so he hasn’t been able to submit the County work permit until they can get maps done. He met with Kim DuFresne from the County at the site. What they were going to do was move some of the guardrail so they have two lanes and they agreed to widen the driveway so that its 20’ all the way into where that utility shed is and it will give quite a bit of room for cars to stack and pass. The main problem where one lane would become a problem would be at the end of the night when everyone was stacked up to leave and someone wanted to come in. It wouldn’t be likely that would happen, but it might. So, they would be able to get off of the highway and there would be stacking room for them and they could wait to get in and not have to wait on the highway.

Chairman Baden questioned what would happen in an emergency situation?

Mr. Medenbach noted that in an emergency situation cars move over, or they back up. There are grass areas that they could get off. There are a few spots where they probably couldn’t, but then cars back up; they find a way to get out of the way.

Chairman Baden noted that as far as the Historic Preservation element, the Board has received a letter from the local HPC and they are concerned about the windows. The Board received an emailed copy from Mr. Macagnone of the architectural drawings and those were submitted to SHPO after we received their reply back. They hadn’t seen them yet because the Board didn’t get them until May 1st. There is a letter dated May 6, 2015 from the TORHPC where they encourage the owners to refer to the copy of the historic farmstead survey to see examples of other barn window treatments. There was some confusion on whether or not it was a single panel or a 9 panel window. He knows that this was private property and they couldn’t require it, but being it just got placed on the National Register, they would encourage the owner to try and work with the State and the local HPC to maintain as much of the period look at possible.

Mr. Medenbach noted that the only proposed change to the main barn, they are going to add some windows to what are now ‘openings’ for the hay loft and what not on the end walls—not the long walls and the applicants agreed to do those in a way that are historical in shape and size and the applicant has been meeting with the local HPC to work on that.

Chairman Baden noted that the Board has requested and not been presented a copy of the drawings. The Board requested 3 sets.

The applicant supplied a set to the Board at this meeting.

Chairman Baden noted that he went online to the Town’s website and printed out the historic farm survey for the property and gave a copy to each of the Board Members. There is also a letter in everyone’s folders from Kim Dufresne of the Ulster County Dept. of Public Works confirming what Mr. Medenbach said at the last meeting in regards to widening the driveway and relocating the guide rail.

Mr. Medenbach said it would be widened up to 150’ in and they would be removing some of the brush on the north side for site line. It’s just scrub that is growing into the embankment.

Chairman Baden noted that the Board also received an Ag Data statement from Mr. Moriello. They already had one and now they have another. The NYSHPO had no concerns, but they had not seen the architectural drawings. He couldn’t speak for them, but he couldn’t imagine that they would have any concerns with the only changes being those windows. They might comment on the style, but they tend not to get too involved in that. This is a Type 1 Action and the Board circulated intent to seek Lead Agency and declared Lead Agency at the last meeting. The Board received a response from Mr. Moriello, dated May 5, 2015 going over some of the questions thus far.

Chairman Baden read over the Acoustic Analysis as submitted at this meeting. He noted that the Board would make a condition of approval of the curtains being flame proof.
Chairman Baden noted that since the applicant is not cutting any trees, the Northern Long Eared Bat is not an issue.

Mr. Williams asked if they had any approximations on what the increased decibel levels would be?

Mr. Medenbach noted that there are so many variables with sound to make any calculations. It is highly dependent on atmospheric pressure, temperature, humidity, wind direction. Just that fact that no music is proposed to be outside will help. Music would be inside and the applicant has agreed to restrict it to the barn. They can only seat about 100 people in the barn. If they had 120 guests, they would have seating and eating in a tent outside and the dancing would be in the barn. There will be another tent for the caterers and portable toilets brought in for each event with hand washing facilities.

Mr. Paddock noted that he drove by the other day and noticed a large stone patio that was visible from the road. Did that have to be on the map?

Chairman Baden noted that it was not part of the application, it was private, and so it didn’t need to be shown.

Chairman Baden questioned if in regards to public concerns of headlights being intrusive was there any way to re-orient the parking?

Mr. Medenbach noted that the field is lower than the highway, so the lights will dissipate.

Mr. Macagnone was present and noted that where the cars are facing was toward their bushes. He asked Mr. Medenbach if they were able to face them another way?

Mr. Medenbach noted that this set up was the most efficient. It was also heavily wooded and screened. All events would be taking place during the warmer season.

At 7:32PM Chairman Baden opened the Hearing to the Public.

Chairman Baden noted that since the first meeting the Board has received letters from Adam and Calliope Walsh in addition to the letters that were submitted at the last meeting. The members were all given copies. He asked the Public to remember they are speaking to the Board, and not to each other and to please be respectful to each other and do not interrupt. He was not in favor of making time limits, but if someone has already made the point, please don’t reiterate it and if someone is speaking for a long time, he may ask them to wrap up.

A neighbor noted that the driveway is ramped up when leaving the property. Where were the light’s going? He knew, did anyone else?

Chairman Baden noted that they would go across the street.

The neighbor noted that they would shine right on his own house. 11pm at night.

Mr. Godwin, a neighbor was next to speak. He knows about sound control and questioned if the sound analysis was submitted by an engineer?

Chairman Baden read the credentials listed on the letter, “acoustical design and consulting”.

Mr. Godwin didn’t think this was anything he’d do and didn’t think the suggestions were going to do anything. The opening of the barn would actually make the sound worse and make it act like a boom box. He would submit a letter regarding the sound.

Another neighbor had a question on the sound. The amplified music would be inside the barn? Would all the doors and windows be closed?

Mr. Medenbach noted most likely both.

Mr. Godwin noted that the opening will act like a hole in a guitar.

The neighbor noted that she would imagine on a hot night with all the people dancing, that they would want it open and that was a problem because it was a large opening.

Another member of the public was recognized to speak. She had 3 issues 1. She got married in Napa Valley and they were cut off from sound at 10pm. Napa Valley does that as a restriction and she hasn’t heard about anything like that here. 2. Where does the sewage go? She noted that she was Tricia Horst and had problems with sewage coming down the river to her property as she was a ½ mile away. 3. What were they going to do about parking? They have Accord Fire Dept. right across from their property. She was extremely concerned if they had a fire or something when they were doing an event and buses decided to pull in front of the Fire Dept. without anybody knowing. That is a huge issue.

Chairman Baden noted that #3- all parking would be onsite in their property. That is the only area where it will be permitted. #2- They are proposing only the use of portable toilet trailers and the company will be taking them away from the premises as is. They do not dump them on the property. It is a Board of Health Regulation.

Ms. Horst has done thousands of events and has seen them dumped on the property. She wanted an answer to the time limit.

Chairman Baden noted that the events are limited by the Town Code until 11pm. They can operate from 9am-11pm for this type of event. There is a section of the Town Code written specifically for this use. They are limited to an hour after and prior for set up.

Ms. Horst asked who you would call after that?

Chairman Baden noted that you would call the police. 11pm-12am is restricted to clean up.

Mr. Tapper questioned if there would be any additional black topping? Would there be additional runoff?

Mr. Medenbach answered no. They would just use the grass field for the parking area. There would be no impervious areas.

Shawn Matthews, Assistant Chief of the Accord Fire House commented on stacking cars in the driveway. He was very concerned with this as this would not leave much room to get a 15’ wide truck through two rows of cars. What kind of accommodations would be made for emergency vehicles?

Chairman Baden thanked him for his comments and noted that the Board did submit a copy of the drawings to the Main Fire Office and asked for comments. He appreciated that he was here, but the Board did not hear anything back from those submittals.

Mr. Matthews was not aware of anything being submitted. He is at the District Office twice a week and nothing has been submitted.

Chairman Baden noted that it went out prior to the April meeting and it hasn’t been returned to the Board. He asked if he could check and see if it was received.

A man was concerned about the nose. The variables that were mentioned need to be tested. The opening of the barn serves as an opening on a guitar. They were creating a natural amplification. The setting of the property was also a natural ampeatheter and from experience they know that it echoes. Was there any way to get it independently tested? Someone with more authority than a consultant of sound design?

A woman was recognized to speak and wanted to know if the building was in a flood plain? Did it have to be elevated?

Chairman Baden noted that the building itself was not in a flood plain. It was outside it. They show the FEMA mapping on the site plans.

The woman continued to question if a traffic study was done?

Chairman Baden noted that there was no traffic study done. The Board consulted with Ulster County Dept. of Public Works who has control over County Route 6. They worked with the applicant.

Another gentleman was recognized to speak. He prepared a written statement, but he also wanted to comment on Mr. Medenbach’s statement that sound would be absorbed by people at the event. People make noise as well. The bat situation? He would put money on it that there are bats in the barn. Cutting down trees would be a negative effect to the bat population—what about the bats in the barn and the active use of that? 150’ of driveway is a bus and a half. That doesn’t give enough room to maneuver cars. The widening of the driveway is not leaving a path down the middle for emergency vehicles. The amount of cars and traffic and the potential for buses is going to block the fire house and come across to his house and they would have cars alternating going into the driveway, the fire trucks won’t be able to get out, his driveway will be blocked and everything is going to be at a standstill when the event is loading and unloading. 9am-11pm- really 8am-12am. You know the partiers are not leaving at 11pm. They wait around and they are there to have fun. Even when they are told to leave. They will be in the parking area still partying. They are going to be leaving, many under the influence. People breaking down equipment- it will be later than 1am by the time everything is done. Each event is going to take days to set up and days to breakdown. They were going to have trailers pulling in, tents setting up, porta potties pulling in. They are going to be living in an event facility, because their neighbors want to make money on the neighbor’s backs. The community is against this. If they have 10 people speak against it, there are 40 against it who haven’t. He didn’t know how much sway their comments had with the Board. There will be almost a full week of activity going on a residential property. Just because legally they can site this there, morally he doesn’t think it goes. How is he going to sit in his back yard on a Saturday evening with a party going on? People are going to pull into his driveway and ask him for directions. They do it now. He doesn’t’ have time to talk with everyone who wants to go to a party. Not everyone is going to know where the entrance is. They are going to do a 3pt turn up Tow Path. They are going to go up Creek Road and have to back out because it is a very narrow lane. It isn’t feasible for a safe neighborhood and a pleasant place to live.

Dianne Countryman was next to speak. She was reading a letter from Susan Einhorn and David Little who were both opposed to the Zoning Variance being sought. It was their understanding when this property was sold that it would still remain farmland. They didn’t understand how having a commercial facility held true to that. They also noted that this property was in a conservation easement. They also felt that the Town should reassess the whole community if this goes through.

Chairman Baden noted that this was not a variance. This is an allowed use in all districts with a Special Use Permit. There is a portion of this land controlled by the Rondout Esopus Land Conservancy, and it is shown on the map and the house and barn are not in that easement.

Mr. Medenbach noted that this application would not displace any current Ag use on this property.

Another neighbor spoke and questioned if it would be allowed for them to set music up outside? And also noted that the Rondout is a delicate eco system. He sees eagles and wonders if the DEC would have some consideration to impacts on them?

Chairman Baden noted that music will be restricted to the inside of the barn. The application was submitted to the DEC and the only thing they brought to the Board’s attention was the Northern Long Eared Bat. Any tree clearing shall take place between October and March and as they are not cutting down any trees, it doesn’t appear to be an issue. They also mentioned that if an acre or more of land were to be disturbed, a SPEDES permit would be needed. There is no new construction or land disturbance so that does not come in to play. They also talked about the NYS OPRHP and the listing on the National Register. The Board contacted them and heard back that they had no concerns.

The member of the public was in full agreement with members of the audience in regards to lights and noise and traffic.

Chairman Baden noted that this was an allowed use for 12 events per year. They were restricted to 12 per year. He cited Section 140-35.

Mr. Moriello noted that in regards to people’s questions about music outside, there would be no amplified music outside. There would only be music for an outside ceremony—a violin or a harp.

A woman from the public questioned if there would be music in a tent. If people are eating in the tent- there wouldn’t be any music at all?

Chairman Baden noted that there would be no amplified music outside. The Board can put conditions on any decision they make.

A member of the public asked what the maximum capacity was?

Chairman Baden noted 150 people with 50 vehicles.

The member of the public noted that 50 cars for 150 people did not make sense. How many buses were allowed? Not everyone would be on the property at the same time, so traffic will be backed up from Lucas and New Paltz.

Chairman Baden questioned if the applicant could show an area for buses on the maps?

Mr. Medenbach would discuss this with the applicant.

Chairman Baden just wanted to make sure that they would have room to maneuver and that they would fit.

Mr. Medenbach would discuss this with the applicant.

Mr. Macagnone noted that they would be limo size buses, not full size buses.

Mr. Medenbach noted that they would be widening the driveway 3’ in the beginning and putting a turnaround in.

Mr. Williams questioned if the buses would be full sized?

Mr. Medenbach apologized and noted that at a previous meeting he mentioned coach buses, but that isn’t the case. They were not full sized buses.

(Tricia Horst was reminded several times by the Chairman that she needed to wait for another turn to speak as she was continually disruptive throughout the meeting.)

A member of the public questioned if the Board took into consideration the effect on the neighbors?

Chairman Baden noted that each Board Member makes their own decision based on the facts presented. This is an allowed use under the Zoning Code with a Special Use Permit. The Special Use Permit has a higher degree of review for exactly situations like this. They are uses that are a little more intensive. It is up to each person. Can they vote ‘no’ just because the neighbors don’t want it? The answer to that is no. They would open the town up to a law suit and probably lose. Can they vote no for whatever reasons they find within themselves, yes? For himself he can’t answer yes or no until he hears everything about the project.

Mr. Tapper noted that they take both law and what is permitted, but despite what everyone is thinking and saying, the Board takes public comment very seriously. They take all concerns very seriously.

Chairman Baden agreed and told the public that they were definitely not wasting their time. The Board wanted to hear the public’s comments and wanted to find solutions if they were possible.

Walter Levy had a question and asked if the events could be scheduled for any day of the week?

Chairman Baden noted that according to the Code, yes. There is no limitation within the code; the Board could put their own limitation in a condition of approval.

Marijane Knudsen noted that her concern was with traffic and health and safety in regards to the residents in the Town. She had a grave concern in regards to the four corners. The Alligerville Fire House was also designated a while ago as an emergency shelter. When they have fires, they use that as a shelter. She would also ask that the Town consult with Wayne Kelder as he is very familiar with the issues surrounding Creek Road. It is a 35MPH road and the County road is 55MPH… it’s almost better than Accord Speedway when you think about the traffic meeting there. All of the concerns expressed she agrees with. In regards to character- now that it is an historic district that she would hope the Board would think about all the things they are saying. She has lived here for 60 years. She has watched the field where they are going to park all of these cars be full of mud. She’s watched fire trucks not being able to get out because there was a party. She has watched these roads and have people parking all over. She really thinks for the health and safety of the Town and the residents and everyone on Creek Road and around has valid concerns. They have spoken with the County representative and they are speaking with the DEC. It’s unfortunate that this can’t be a win win. She also wonders how the guests will nowhere the conservation easement is and how the guests won’t walk on it. She worries about guests falling into the creek and she is concerned about lighting. There are a lot of different concerns here. Maybe there needed to be an independent study done. It’s very rare that you see a group pulled together like this. She didn’t think it was malicious, she felt it was really for the health and safety and what’s best for the Town and the tax payers and not just one party.

Tricia Horst was recognized to speak again at this time. She had heard that if someone charges for someone to have a party on your property— she has a large property on Berme Road. She could have a party and not charge and she doesn’t have to worry about it. However, if someone charges money to hafe a party it becomes a commercial property. Is that what they are discussing and do they get a fee for that and how will they know what the event is and do they have to do an application for each commercial event? And do they get a stipulation about how that commercial event is held. She runs a lot of events in New York City and she’s done it for 20 years. She has to sign her name on insurance and on everything imaginable. What happens to the property? The insurance? What everyone gets from this? Obviously these guys are wanting to make a profit. She doesn’t think they are going to make a profit in the nutshell that they think because she’s run events for 20 years. What happens to that? How do they know they are going to get their permit to do what they are doing for their event.

Chairman Baden noted that their “permit” is why they are here. They have applied for a Commercial Events Facility under the Code of the Town of Rochester. They are allowed 12 events per year. They are to notify the Code Enforcement Officer 3 days prior to each event that it is happening. They get a maximum of 12 in a calendar year. They do not have to notify the neighbors under the Code. This is an allowed use in the Town with a Special use Permit. They do not have to get a permit for each event. This property remains a residential property. This is a secondary use that is allowed. Anyone in the Town can apply for this use if they meet the criteria and they go through the process for a Special Use Permit. This only was allowed prior with a Bed and Breakfast facility. There was a lot of interest in doing this without having a B & B and the Town Board heard that and amended the laws. The goal is to encourage tourism in this region.

Tricia Horst noted that she came here instead of the Hamptons. So now, you were becoming the Hamptons.

Dianne Countryman noted that part of the EAF talked about a substantial increase in traffic. They marked off no. Can the Board tell her why they didn’t think there would be more cars.

Chairman Baden noted that in terms of the greater use of the road over the course of an entire year, 50 additional cars for 12 events is not considered to be a significant increase. This is a County Road. County Roads are considered to have a higher level of use than Town Roads.

Mrs. Countryman questioned what would happen if they had an event on a Thursday and this traffic interspersed with school buses. What would that do?

Chairman Baden noted that was a good point and they would take that into consideration.

Mrs. Countryman questioned the EAF which talked about disturbing animals on the property. There were chickens, ducks, and not to mention the Bald Eagle which needed to be taken into consideration. She had photos of Eagles on the property in November. They fly the creek everyday. The other concern was #12B about endangered species. She noted that the Bald Eagle was a threatened species and needed to be taken into consideration. She spoke with Lisa Massey of the DEC and she told her that if she could come up with a nest, and she pretty much does, that there would be different consideration. She would be doing that tomorrow. They have seen these Eagles for 7 years. For them to be taken out of their habitat because someone wants to have a wedding facility in a rural, rustic area. It’s changing the whole lifestyle. It’s not what is good for the goose is good for the gander anymore, it’s what is just good for them.

A member from the public was recognized to speak. He would like to suggest that the public comment be extended as they were hearing things for the first time at this meeting. There was more stuff in the discovery aspect. There are more community members that they would like to contact and other experts that they would like to consult. One of the other things that they heard for the first time—maybe at the last meeting was the valet parking. That isn’t the fastest approach to moving the cars out of the driveway area and into the parking lot. That’s going to have cars sitting in the driveway backed up along the road. He can imagine cars filling the bridge and cars coming down doing 55MPH. It’s going to be trouble. With those cars backed up at a blind curve there is going to be a pile. He doesn’t’ think valet parking is the most efficient process. Did the permit stay with the property owners?

Chairman Baden noted that the permit runs with the land. The Board does have the ability to put a time frame on it. They have the legal authority to do that and they have done it before. But, if they don’t, the next owners would retain those rights.

The member of the public suggested a very short term permit to revisit it if it is approved. He doesn’t trust the owners. They haven’t been very good neighbors. When they brought the property the intent from Virginia Schoonmaker was for the property to be maintained as it was. This was from someone who was there at the sale of the property.

A member of the public noted that she and her neighbors were stunned to hear about this plan. When the notices came 10 days prior to the first hearing, they only had a short time to get things in order to figure this out. They now have about 125 names on a petition not to approve the application. She echoed the request for more time. This is going to impact a lot of lives. It is an inappropriate use for this area. She read the petition to the Board.

A member of the public noted that their quality of life will be impacted and they will be complaining a year later—who would they complain to?

Chairman Baden noted that it would be a Code Enforcement issue. It is the CEO’s responsibility to enforce.

A member of the public asked if they had a contingency plan for overflow parking?

Chairman Baden noted that they could ask for that.

A woman from the public was concerned with the Fire Dept. She noted that there wasn’t a lot of space in this area at all. She was in favor of a continuance as the Fire Dept. says that they weren’t notified.

Chairman Baden noted that the Board would vote whether or not to keep the hearing open or to continue it, and they cannot guarantee anything.

When questioned if the CEO would be monitoring the events in the late nights and weekends the Chairman responded that it is the Town Board’s position to expend money and to regulate Town employee’s hours/responsibilities. It would be up to them if they would want to pay the CEO or adjust his hours to monitor this. The PB has no authority over the CEO’s duties. That would be the Town Board.

At this time Ms. Horst interrupted yet again and Chairman Baden noted that she has been continually rude and have cut people off. He was trying to answer questions.
The Fire District is its own entity, they will respond as they would in any other instance. They have no control over those organizations. The Board can put conditions that there can be no parking on public roadways and look at the situation. That is all the PB has the authority to do. Everyone was talking an awful lot of hypotheticals that all this bad stuff is going to happen. They couldn’t guarantee anything, but people were assuming that roadways were going to be blocked. They don’t know that. All he was trying to say was that the Board would take everything into consideration when making their decision. They are hearing the comments and appreciate them. A lot of them are about noise and traffic. They understand it, they hear it and they will look at the maps and the application and they will come to their decision. Saying it over and over again, isn’t going to change what is going on.

A member of the public stated, assuming that the PB granted a certain amount of events and that permit had conditions, if the conditions were violated, who in the Town would be responsible for either revoking the permit or bringing the owners into compliance.

Chairman Baden noted that any complaints about Zoning violations would be the Code Enforcement Office. Any complaints made to the office would be investigated and they could issue a citation and could go to Town Court. Once the permit is issued, the PB is done with it and the only recourse is through the CEO.

A member of the public questioned if the PB considered a temporary permit and there were violations, would the PB take those into consideration.

Chairman Baden noted that when the application came back before the PB they would take that all into consideration.

A member from the public stated, when the Board approves this and it becomes a disaster, because that is what is going to happen, the Board didn’t think that the public would come back and say, ‘why did you approve this fiasco’? And the Board is just going to say, ‘sorry, we didn’t know it was going to be a disaster’.

Chairman Baden noted that every decision that is made has the possibility of being run badly. The Board can only review what is presented and go from there.

Mrs. Christiana, Attorney for the Town, stated that the law does not allow the Board to assume that they are not going to comply. If they don’t, then the CEO is going to have to address it. The Board has to assume that whatever is approved and whatever conditions are put on it, that they are going to comply.

Another member of the public noted that there is a track record with these property owners. A year ago these owners held a party where there was a large bonfire and it was left unattended and the fire company was called. There are numerous occasions with fireworks going off without notice to the neighbors. They are already not considerate to the people around them, so they are the ones that have an undue burden to police them because they already don’t follow the rules. They are already showing that they don’t comply with the laws because they do what they want. So, the neighbors are going to be on call.

Keith Eddleman wanted to address the Board. He wanted to say that they do care about what their neighbors think, they care a lot. If they didn’t care about their neighbors, they wouldn’t have gotten a sound consultant. It might not have been the sound consultant that the neighbors wanted. There should never be a time where someone is parking outside of the boundaries of their property. They have modified the driveway so that cars can get in. There will be a staging area to the left of the driveway. They are going to be expedient about the valet as well. They aren’t going to make people wait in line. They are cognizant of all of these issues. They also don’t’ want this to be such a burden on the neighborhood. He wanted to say that many of the letters they have there are supportive.

Chairman Baden noted that there was one in support.

Mr. Eddleman continued and noted that they did follow the advice of the highway dept. They made the site lines safer. If he has a party, he wants his friends to be safe. He’s responsible like that. He wanted to know if there was any proof that having a wedding was going to disturb the Bald Eagles? He thinks that there was a visceral response to what they want to do. If he saw a report, he might change his mind. As far as the conversation with Virginia Schoonmaker, he knows her very well. She knew what their intentions were for this farm and she died knowing that. She wanted them to have it because she knew that they would be taking care of it. Those barns don’t keep themselves up. Their alternative is to let them rot and fall down. What would that do to property values? They don’t need a Special Use Permit to have a private party on a Saturday night. They want to go through the proper venue to do this, but they still can have private parties. They paid money for this property and it’s theirs. They follow the letter of the law. He can tell them where the line where the easement stops. Comments about the trash in the Rondout Creek—they didn’t do that and he is disgusted by that as well. The porta potties are very clean. They had burning permits for those bonfires. Every time they got one they followed the letter of the law. People were pointing things out, but they do care about this. He didn’t want to destroy anything. To show how much they care about the community—how many people donated money to the conservation easement. They do care about the community. He wants the farmland to continue. That’s why they have chickens. In order to support farming, they need some income. Farming doesn’t pay for itself.

Chairman Baden noted that the Board has heard a lot of people’s comments and from his own particular take the noise is a concern and he doesn’t know that they actually got a noise consultant’s report. The Board has the ability at the applicant’s expense to get their own consultant to review it if the Board feels it needs to be done. They could do the same thing with traffic, but the UCDPW is the source of information for that.

Mr. Medenbach pointed out that the DEC has guidelines on their website so Planning Boards can use for projects.

Chairman Baden noted that they had copies of that, but none of the members were engineers. Assessing and mitigating noise impacts was the DEC’s policy. It dealt more with industrial uses in terms of decibels. He had copies for the Board to view if they wished. Chairman Baden didn’t know if he was comfortable coming up with a number on his own. The Board does have a consultant that they use and they could review the applicant’s submittal. Obviously noise is the biggest impact and traffic is a secondary in his mind. And light is the lesser of the impacts. This is an extremely residential area.

Mr. Tapper noted that they don’t have a before and after kind of situation. They don’t have what a band playing in the barn would be and what it would be with the mitigations.

Chairman Baden noted an engineer would be able to tell them more based on published reports. Amplified music would be xxx level at lot lines. They would be able to base it on distance and the structure.

Mr. Paddock noted that out of the 3 concerns, the noise was the thing they didn’t have a good handle on.

Chairman Baden understood that it was very subjective.

Ms. Lindstrom noted that there was some science behind it also—a rural farmland is 45 decibels. 65 decibels is a conversation at 3’. And then you have the mitigations- distances, laws of sound waves—the further you go you reduce it… an engineer would be better at taking trees, distances and different variables into considerations. If a rock band is 115 db, how much is it mitigated to someone’s house. Its speculation right now at how horrible it will be, we could put a little science behind it to see how horrible it really will be or won’t be.

Chairman Baden agreed.

A gentleman from the public noted that he knows the man who did the applicant’s sound analysis. He is not an engineer, but he has a tremendous amount of practical knowledge. What he would say is that if the door is left open, any sound in that room will not be mitigated by those measures he mentioned in his letter. The sound would go out into the community.

Mr. Paddock motioned to refer the application to the Town’s consultants (Clark Patterson Lee) to review the noise impacts and to report back to the Board. Seconded by Mr. Williams. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Absent Lindstrom: Yes
Ricks: Absent Dawson: Absent
Paddock: Yes Williams (alt): Yes

Motion carried. 5 ayes, 0 nays, 3 absent, 0 abstentions (including alternate)

Mr. Moriello requested that before any work be done that an estimate of cost be issued to the applicant. One of his concerns is that there are no standards—no decibel standards in the Town’s Zoning Laws.

Chairman Baden noted that they would definitely let the applicant know an estimate of cost prior to any work commencing on the report. And it would be based off of the DEC guidelines. As far as he was concerned, the DEC report is the Town’s baseline because the Town does not have decibel standards. They would ask them to review it in terms of that and to review the applicant’s consultant’s recommendations. He felt that they had an obligation to do that and to come up with approximate decibel levels.

Mr. Eddleman wanted to know if it would be helpful to have a DJ set up and to read those levels at the property lines?

Chairman Baden noted that they were welcome to do whatever they wanted, but they were going to use their own consultants.

Chairman Baden noted that in light of this it would be his opinion to hold the Public Hearing open. There are other issues as well. He’d like SHPO to see the Architectural drawings and he would like a new site plan submitted showing changes at the entrance, so they can get a realistic look at that and any other changes to be made from that. In his mind they do not have a complete application.

Mr. Paddock questioned if they could resubmit to the Accord Fire Dept.?

Chairman Baden didn’t think that the Board could assume that they didn’t get the referral.

Mr. Paddock noted that he knew that typically they didn’t comment back.

Chairman Baden noted that they used to get comments back, but now they stopped. They never used to and then they did for a period of time and now they have stopped. He wasn’t’ sure if there were new people or what the circumstances were. They could follow up but couldn’t force them to comment.

Mr. Moriello questioned if they would keep the hearing open till the next meeting?

Chairman Baden thought so because he thought they would hear back from the consultant at the next meeting. He thought it was realistic.

Mr. Moriello only thought that if that report wasn’t’ done, in his mind there wouldn’t be any reason to come back for another month.

Mrs. Christiana noted that a date needed to be announced to continue it.

Chairman Baden noted that they were going to assume that they would have it for June. If they didn’t have it they could notify the public or put out a notice.

Mr. Matthews from the Fire Dept. questioned what address the Town used?

Chairman Baden noted that they send all referrals to the main PO Box.

Mr. Matthews questioned if anyone would have any problems with him taking a map tonight?

Chairman Baden noted that they have limited copies and already sent one over. The only reason he is saying this is that Mr. Matthews was a member of the public, but the Board has a protocol that they send it to the District Secretary at the District Office. If the applicant wanted to hand them one he was fine with it. Anyone can look at the maps at any time or FOIL paperwork. That is a law. They can’t just hand out information. We have been sending things to the Fire Dept. for years. Sometimes we get comments and sometimes we don’t.

The applicant gave Mr. Matthews a copy of the map.

Ms. Lindstrom made a motion to hold the hearing open until June 8, 2015. Seconded by Mr. Tapper. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Absent Lindstrom: Yes
Ricks: Absent Dawson: Absent
Paddock: Yes Williams (alt): Yes

Motion carried. 5 ayes, 0 nays, 3 absent, 0 abstentions (including alternate)
PB 2015-03 SUP Continued Application, Public Hearing
Special Use
Verna Gillis aka Accord Train Station
Proposes new use of a +/- 1.10 acre parcel for the use “Commercial Events Facility”
9 Tobacco Rd, S/B/L #77.9-1-24.110, ‘H’ and ‘AP Overlay’ zoning districts

Christine Atkinson was present on behalf of the application and had a letter from Verna Gillis giving her authority to represent the application. She explained that her special events would be anywhere from weddings to corporate dinners to baby showers. They don’t always include music. She does catering, off premise as well. She is proposing a tent site and a seasonal farm market as well. She has approval already for use of the inside as a café and she is currently waiting for the CEO to determine Occupancy. As per the Health Dept. she has 16 people for café space.

Chairman Baden noted that there are previous decisions for this property all the way back to 1993. There is one for the art studio gallery and retail space, flea market, and the food service. The art gallery was extended to include food service. As far as parking, the applicant has stated that the Municipal Parking will be utilized as over flow. They will need signage for that. Although the Board didn’t formally receive County Planning Board comments, he knows the comments revolved around lighting and people walking from the Municipal Parking. He noted that she would also need to speak with the Town regarding re-opening the closed ‘GLF’ Road. She would need a permit and to see what the Highway Superintendent would want done on that road.

Ms. Atkinson noted that if an event occurred at night, she always has staff on site until every guest leaves to walk and assist people to and from their cars. At night they would use flashlights and walking with the guests.

Chairman Baden questioned if she would be approaching the Town to use any of the parking in the Community Center or just using the parking or just the Municipal.

Ms. Atkinson noted that it would be just the Municipal Parking.

Chairman Baden suggested for the applicant to contact the Town Board to see if she needs to do anything to use the Municipal Parking.

Mr. Tapper questioned if we allowed it for Reiss?

Mrs. Christiana noted that was for short periods of time.

Mr. Tapper didn’t believe they set any duration.

The Secretary noted that it was actually for employee parking.

Mr. Tapper felt that this was the intent of the public parking.

Chairman Baden questioned what types of noise the applicant anticipated would be generated?

The applicant was not sure because not having booked any events yet, it was hard to speculate. It wouldn’t be rock concerts. Music is proportionate to the guest count. At a wedding, music is a background element. She wasn’t hosting any events that were extremely loud in nature. They were trying to be respectful that their are neighbors nearby. Verna has hosted music events there in the past and never received any complaints.

Ms. Lindstrom questioned if there were more day time weddings or night time.

Ms. Atkinson noted a trend of more daytime weddings and that’s what she prefers. She couldn’t guarantee the times would always be early, but she would always try and sway things to the earlier side of the day.

Mr. Paddock questioned if the caboose would be used?

Ms. Atkinson noted that was Ms. Gillis’s private sanctuary. She can’t hook it up to water or septic.

Chairman Baden noted that they received a letter from the TORHPC and they stated that this was one of the most relevant buildings in the Town.

Ms. Atkinson wants to touch as little as possible. She likes the character of it and has definitely taken that into consideration.

At 9:25PM Chairman Baden opened the hearing to the Public.

A member of the public questioned if the café would only be open during events?

Chairman Baden noted that the café is already an approved use. They were here tonight reviewing the 12 events per year. She would need to notify the CEO prior to each event and the hours of events would be 9am-11pm with an hour before and after for prep/cleanup. This is an allowed use with a Special Use Permit.

Mr. Travers was recognized to speak. He questioned who determined that 16 people was the max of café guests?

Ms. Atkinson noted that was determined by the Health Dept.

Mr. Travers stated that he was in favor of the application.

Chairman Baden noted that the events had a max of 100 guests. He reiterated that the café was not under review. It was already approved and could be reopened at any time. They were not legally allowed to impose hours of operation on the café.

A member of the public questioned if there would be any outdoor seating?

Chairman Baden read through the conditions of 1993 and the amendment. There were no restrictions in terms of hours.

A man from the public questioned the outside noise at night in the outdoor tent.

Chairman Baden noted that they could put restrictions on the decision that any amplified music is always in the tent. He questioned if the tents would have side walls?

Ms. Atkinson noted that there will one side wall be open towards the building for bringing things in and out.

Chairman Baden questioned if the applicant would be agreeable to putting a time limit of 7PM on amplified music?

Ms. Atkinson noted that wouldn’t be a deal breaker for her. She lives in Accord as well, so this project is personal to her.

Chairman Baden noted that being that she wasn’t indoors and it was a very small property. The Board could add on to the conditions in the Town Code.

Mr. Tapper questioned if there were any different restrictions as this is in a Hamlet District?

Chairman Baden answered, no. It was the same in all districts.

Mr. Paddock noted that since they didn’t have the public outcry and since the applicant is very respectful, he didn’t see a reason to put that restriction on there.

Mrs. Christiana reminded the Board that this approval goes with the land and not the applicant. They don’t know who would own it 10 years down the road.

A member of the public noted that just because there weren’t a lot of people at this hearing didn’t mean it wasn’t important to the people in the room. There were a lot more people that were here for the hearing, but they couldn’t stay because of the late hour.

Mr. Paddock noted that they are getting a lot of interest in events facilities and he thinks that a 7pm restriction in this case was not right as they didn’t give that consideration to other applicants.

Chairman Baden was just putting the idea out there because it’s a tent. The other one was inside. The only other one was the Elm Rock and it was on a case by case basis.

Ms. Atkinson noted that what she did want to work for was to have the large front room because you could seat more than 16 people and she would like that to count towards event space, so if possible, not every event would have to be outside.

Chairman Baden also recommended having the CEO go over and give occupancy on that space.

A member of the public noted that when the café was owned by Rob Case, they used the room on the other side, not in the front park.

Ms. Atkinson noted that she is using the smaller room with the 16 seats because 16 seats or less they don’t have to offer a public restroom. There is a restroom upstairs in the train station that could be used as a public restroom, however, given the layout, you cannot walk through the kitchen to access a kitchen per the Dept. of Health, so the café would have to use the front room to be able to offer a restroom.

Chairman Baden noted that the site plan looks complete. They still have to wait back for the County comments, and normally they hold the Public Hearing open until then just in case someone wants to comment on that.

Ms. Lindstrom motioned to hold the hearing open until the June 8th meeting. Seconded by Mr. Williams. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Absent Lindstrom: Yes
Ricks: Absent Dawson: Absent
Paddock: Yes Williams (alt): Yes

Motion carried. 5 ayes, 0 nays, 3 absent, 0 abstentions (including alternate)
PB 2015-01 SUP Continued Application (amended)
Special Use and Site Plan
Woodstock Farm Sanctuary
Proposes new use of a +/- 100.5 acre parcel for Multiple Uses
‘Animal Sanctuary’, ‘Commercial Events Facility’, and ‘Inn’ – requires Special Use
‘Agricultural Tourism Enterprises’, ‘and ‘Agricultural Retail Sales’ – requires 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

Chairman Baden noted that this was for multiple uses as they talked about last meeting. They are proposing ‘Animal Sanctuary’, ‘Commercial Events Facility’, and ‘Inn’ – requires Special Use
‘Agricultural Tourism Enterprises’, ‘and ‘Agricultural Retail Sales’ – requires Site Plan. When the Board finishes the process they could be giving 5 different approvals on the property. It’s the old Camp Epworth which has been operating for years as a summer camp and church retreat center. The Attorney for the town and the Chairman sat in on a Gateway meeting that the County Planning Dept. put on today. The applicant’s engineer was there—Dennis Larios. Kim Dufresne from Dept. of Public Works and Tony Puccio from Dept. of Health as well. Very little concerns came up. The biggest concern was site distance. Lucas Tpke is a 55MPH road. Looking to the North is no problem, looking to the South was a little problem because of a dip in the road. It was 500-600’ of site distance. They discussed the possibility of finding another place to put the entrance and after discussing it, they came to the general conclusion that where it is is probably the best they are going to get. They discussed temporary signage for when there is a large event. Day to day operations in and out would be about 100 people and on a weekday would be about 20 people in and out. When they hold these larger events for 400-500 people they talked about putting signage on Lucas warning people and having their staff direct traffic. The applicant would have to ask the County who could be on the roadway itself to direct traffic. Once it was on the applicant’s property, he could definitely have his staff direct traffic. Otherwise the concern with the manure pile being close to the Rondout, was not an issue according to the UCHD. They talked about if they needed to see contour levels on the plan. Other than about a 40’ drop off at the creek, it was pretty flat otherwise. The Chairman didn’t really see a reason to see contours. There is not good contour mapping done in this area.

Mrs. Christiana noted that for larger events that might go into the evening, the applicant would be using the crank up temporary lights.

The Chairman noted that there were no neighbors close by the parking. He also mentioned that this evening was no a public hearing so there would be no public comment.

Tricia Horst wanted to know when the public hearing would be.

The Board told her that they would be scheduling one tonight and it would be posted in the paper, on the Town’s website, and if you are a landowner within 500’ of the property you would get a notice from the Town.
No notices have been sent out yet.

Mr. Abel presented a mock up that he created out of the site plan that showed a little more detail. It wasn’t an official drawing.

Mr. Abel noted that this was not an official drawing, it was just a mock up showing basic parking shapes to show how they could take one of their pastures and turn it into temporary parking. They could fit up to about 250 cars. At most 2 or 3 times. It wouldn’t be paved, it would just be mowed grass. They traditionally do three to four events per year. They have had groups this large and have learned the importance of having many parking attendents and not wasting space and not having traffic backing up to the road. There is a spill over place right next to the main road in case there is a backup of cars, they can pull over to the side and funnel them down the road. They know keeping the flow is important. It also depends on the nature of the event. If it’s a banquet, people arrive within a time frame of 45 minutes and that’s the challenging one to get everyone in. Others are within a few hours of a time span and that’s more of an ebb and flow. So, there are different styles of crowd control. The banquets would be in the dining hall, so that would be 100-125 cars. He noted that they were trying to keep all the traffic away from where the people were walking around. They would put up a saw horse or something to guide cars away from those areas. They don’t aspire to have night time events, but they do something called ‘Thanksliving’ and that is done in November and it might be going on until dusk because it gets darker earlier. The property did come with lights on all of the poles, but not every single one.

Chairman Baden noted that they would really need the temporary lighting in the parking area.

Mr. Abel noted that they used 1 porta potty unit per 100 visitors expected. He wasn’t sure what the standard was for handicap accessible.

Chairman Baden noted that the UCHD could supply that number. He continued that they were talking about having one or two events per year where they would have upwards of 1500 people and they would have to go to the Town Board for a Mass Gathering Permit given on an event by event basis. Here we were talking most times 500 or less people. It is a very large property.

Mr. Abel noted that Epworth had events with up to 1500 people in the past. He didn’t think in the first year they would be pushing any of these limits, but he wanted to be upfront with what might be possible.

Chairman Baden noted that this facility is sort of being used in a similar manner, but the animals and pastures and fencing is a different situation. The CEO has already okayed the summer camp because they already had done that in the past. The Commercial Events Facility is for if they rent out the space as they have said they might do. The Inn comes about because they are talking about having overnight guests. Interns can stay there according to the CEO, but if they were going to start renting out rooms, it would fall under an Inn. The Agri-tourism and retail sales is self-explanatory.

Mr. Abel noted that he Inn would be where you first come in. They were going to keep the one pasture more for just people.

Chairman Baden noted that they may need to see a designation of parking spaces at the Manor House even for staff.

Mr. Abel would do that. He wasn’t sure if the Town standards were used for the parking spaces—he would check on that. Typically when a bus is there for a school group, they could park in the grass off of the roadway. That’s basically a service area where they would park and drop off.

Chairman Baden noted that we circulated intent to seek Lead Agency to the involved agencies. He was waiting until after the Gateway Meeting to send out to interested agencies and the County and he feels they are ready for that. They can’t assume Lead Agency because 30 days hasn’t passed since the last meeting. The Board could potentially do SEQRA at the next meeting. They can submit it to the State Historic, local Historic, Fire Dept., Town of Marbletown, and the UCPB.

Mr. Paddock motioned to schedule the Public Hearing on June 8, 2015. Seconded by Ms. Lindstrom. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Absent Lindstrom: Yes
Ricks: Absent Dawson: Absent
Paddock: Yes Williams (alt): Yes

Motion carried. 5 ayes, 0 nays, 3 absent, 0 abstentions (including alternate)

Ms. Lindstrom motioned to refer the application to the mentioned interested agencies including the County Planning Board once the revised maps are received. Seconded by Mr. Williams. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Absent Lindstrom: Yes
Ricks: Absent Dawson: Absent
Paddock: Yes Williams (alt): Yes

Motion carried. 5 ayes, 0 nays, 3 absent, 0 abstentions (including alternate)

Chairman Baden noted that we were going to wait to send out the revised plans as they will be to scale and official. They could have a second sheet to show the parking area to scale.

PB 2015-01 SBD New Application
Minor Subdivision
Marc and Colleen Schain
Proposes subdivision of +/- 4.03 acres of land resulting in 2 lots
826 County Route 6, S/B/L #77.2-3-18, ‘R-2’ zoning district, Contiguous to the Town of Marbletown

Mrs. Brooks, Surveyor was present on behalf of the application.

Chairman Baden noted that the maps were very thorough.

Mrs. Brooks noted that Marc and Colleen Schain own 4 acres and have lived in the existing house since 1985 and are now looking to build a single story home for their retirement years and to put their main home up for sale. Each lot will be 2 acres. They have UCHD approval for the new lot which she submitted.

Chairman Baden noted that they would need a Driveway Permit for the new driveway coming off of Clove Valley Road. They would also look at the old Subdivision Maps that are noted on these plans. This doesn’t have to be referred to the County under the exception agreement. This property is not in an Ag District and not in a flood plain and there are no wetlands on the property.
Mr. Williams motioned to schedule the Public Hearing for June 8th and to notify the Town of Marbletown as the application is within 500’ of the Town line. Seconded by Ms. Lindstrom. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Absent Lindstrom: Yes
Ricks: Absent Dawson: Absent
Paddock: Yes Williams (alt): Yes

Motion carried. 5 ayes, 0 nays, 3 absent, 0 abstentions (including alternate)

OTHER MATTERS

2nd Extension Request
PB 2009-03 SBD – Major Subdivision- Preliminary Approval
Streamside Estates
S/B/L #67-2-43.141
Proposed 7 lot subdivision of 46.91 acres
Each lot with individual water and septic and with private road access
Approved May 17, 2011
One year extension granted expires May 17, 2015
“The Town of Rochester Planning Board amends condition #7 of this decision and grants a 1 year extension to Streamside Estates effective until 5/17/2015 to complete the requirements for Final Approval.”

The Board discussed the fact that this application has been coming back throughout the years and it hasn’t made any progress. They discussed giving it a year extension.

The Attorney for the Town agreed and recommended asking them to come in next year if they are seeking another extension to get a better read on if this application is feasible to actually be completed.

Mr. Tapper motioned to give a one year extension. Seconded by Ms. Lindstrom. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Absent Lindstrom: Yes
Ricks: Absent Dawson: Absent
Paddock: Yes Williams (alt): Yes

Motion carried. 5 ayes, 0 nays, 3 absent, 0 abstentions (including alternate)

ADJOURNMENT
Ms. Lindstrom motioned to adjourn the meeting. Seconded by Mr. Paddock . No discussion. All members present in favor.

Chairman Baden adjourned the meeting at 10:20PM.

Respectfully submitted,

Rebecca Paddock Stange, Secretary