PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
torpbzba@hvc.rr.com
MINUTES OF November 9, 2015 Meeting of 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 Fred O’Donnell, Vice Chair Maren Lindstrom Adam Paddock
John Dawson Shane Ricks
Melvyn Tapper
Also present:
Patrick Williams, Alternate. Loretta Terwilliger (filled in for Rebecca Paddock Stange, Secretary who was also absent) . 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.
TRAININGS
Chairman Baden noted that there was a 3 hour training on SEQRA in Dutchess County on November 18, 2015.
PB 2015-03 SBD SEQR Review, Public Hearing
Minor Subdivision
Gordon Brown (owner)/Chris and Heather Brown (applicant)
Proposes subdivision of a parcel resulting in 2 lots with a shared driveway of +/- 5.03 acres and remaining lands of +/- 351 acres 136 Sundale Rd., S/B/L #60.4-1-2.112, ‘R-5’ and ‘FD Overlay’ zoning districts
Located within Ulster County Ag District #3, Located within the 100 year flood plain.
Mr. Brown was present on behalf of his application.
Chairman Baden noted that the Board asked Mr. Kelder, Highway Superintendent, to review the shared driveway and Mr. Kelder responded that the driveway met Town Standards. The applicant also needs to submit a Road Maintenance Agreement (RMA). The Chairman instructed the applicant to see the Secretary in the Office during business hours to get the appropriate forms.
At this time the Board reviewed Part 2 of the Short EAF Form. All items were checked as ‘no or small impact may occur’.
Mr. Dawson motioned for a Negative Declaration under SEQRA. Second by Ms. Lindstrom. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Absent Lindstrom: Yes
Ricks: Absent Dawson: Yes
Paddock: Absent Williams: Yes
Motion carried. 5 ayes, 0 nays, 3 absent, 0 abstentions, (including alternate)
At this time Chairman Baden opened the Hearing to the Public. There was no public comment.
Ms. Lindstrom motioned to hold the Public Hearing open until the December Meeting as the County Planning Board Comments had not yet been received. Seconded by Mr. Williams. No discussion.
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Absent Lindstrom: Yes
Ricks: Absent Dawson: Yes
Paddock: Absent Williams: Yes
Motion carried. 5 ayes, 0 nays, 3 absent, 0 abstentions, (including alternate)
PB 2015-02 SUP Continued Application
Special Use
Frank Macagnone and Keith Eddleman aka Crested Hen Farms
Proposes new 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 within Ulster County Ag District #3, Located within Alligerville Historic District listed on the National Register, Located within the 100 year flood plain
Chairman Baden noted that the applicants had requested to be taken off of the agenda for this meeting.
PB 2015-02 SBD Continued Application
Minor Subdivision
Therese Bimka and Gerald Wintrob
Proposes subdivision of a parcel resulting in 2 lots with a shared driveway of +/- 8.467 acres and
+/- 9.539 acres, 500 Stonykill Rd., S/B/L #76.4-3-3.14, ‘R-2’ zoning district
No one was present on behalf of the application.
Chairman Baden noted that the RMA had been submitted, reviewed, and accepted by the Attorney for the Town.
At this time the Board reviewed the draft findings as prepared by Chairman Baden, as follows:
Findings of the Planning Board
The Planning Board received zoning referral for a Minor Subdivision from the Code Enforcement Officer.
The application proposes subdivision of a 18.006 acre parcel of land into 2 lots.
Required documentation, as detailed in this decision, was provided for review and the application was considered complete.
The parcel to be subdivided is known as S/B/L 76.4-3-3.14.
The parcel is located in the ‘R-2’ zoning district.
Lots 1 and 2, as proposed, meet or exceed the bulk standards requirements for the ‘R-2’ zoning district.
The parcel exceeds the required minimum road frontage on Stoneykill Rd., a T/ Rochester controlled public roadway.
The current use of the parcel is residential with improvements of two single-family dwellings, shed, garage, shale driveway, and individual well and septic for each dwelling.
The existing shale driveway services both parcels and will become a shared driveway upon subdivision. It was reviewed by the T/ Rochester Highway Supt. and indicated it meets town standards for shared driveways. A Road Maintenance Agreement is required.
There also is a right-of-way over this driveway for a contiguous property S/B/L 76.0-3-3.21.
Draft findings were prepared by the Chairman and were read and discussed by the Planning Board.
Adopted November 9, 2015 by the following vote:
Motion to adopt findings by: Mr. Dawson
Second by: Ms. Lindstrom
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Absent Lindstrom: Yes
Ricks: Absent Dawson: Yes
Paddock: Absent Williams: Yes
Motion carried. 5 ayes, 0 nays, 3 absent, 0 abstentions, (including alternate)
At this time the Board reviewed the draft resolution as prepared by Chairman Baden as follows:
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision-Conditional Final Approval to Therese Bimka and Gerald Wintrob permitting the subdivision of lands situate at 500 Stoneykill Rd, known as S/B/L 76.4-3-3.14 and located in the ‘R-2’ zoning district, into 2 lots. The subdivision preliminary plat, as revised dated August 25, 2015, is approved with the following conditions.
CONDITIONS of APPROVAL:
1. Applicant shall present a Final Plat for signature.
2. A Road Maintenance Agreement shall be presented and approved by the Attorney for the Town. The draft presented shall be amended to express how the expenses of maintenance, repair, and/or restoration shall be divided.
3. 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 Final Plat.
4. All required Local, County, State, or Federal permits shall be secured for the current or future use of these lands.
5. The shared driveway shall be maintained to meet or exceed T/ Rochester code standards for shared driveways and the NYS Fire Code.
The Town of Rochester Planning Board further grants Minor Subdivision-Final Approval permitting the subdivision of lands upon the satisfactory completion of conditions of approval 1, 2, and 3. The Planning Board grants the authority to the Chairman to certify the conditions have been completed without further resolution and to sign and date the plat at such time.
EFFECT of APPROVAL:
1. This Conditional Final Approval shall expire 180 days from this approval date unless conditions 1, 2, and 3 are satisfied by the applicant and the Final Plat is presented and signed by the Chairman. This period may be extended for additional 90 day periods upon application to and resolution by the T/ Rochester Planning Board.
2. The owner shall file in the office of the Ulster County Clerk such approved plat bearing the Chairman’s signature and the approved Road Maintenance Agreement 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.
3. The owner shall have the responsibility to return three (3) Ulster County Clerk certified copies of the filed plat, the road maintenance agreement, and any other related filings to the T/ Rochester Planning Board within 30 days of such filing.
Adopted November 9, 2015, by the following vote:
Motion made by: Ms. Lindstrom
Second by: Mr. Dawson
Vote:
Baden: Yes Tapper: Yes
O’Donnell: Absent Lindstrom: Yes
Ricks: Absent Dawson: Yes
Paddock: Absent Williams: Yes
Motion carried. 5 ayes, 0 nays, 3 absent, 0 abstentions, (including alternate)
Pre-Application
Lot Improvement – Lot Line Adjustment
Shirley Mathews-Audrey Abrahamsen/Nelson DeGondea
762 Queens Hwy. S/B/L #68.1-2-6.113, and #68.1-2-6.112, ‘R-2’ zoning district
Mr. De Gondea was present on behalf of the application.
Chairman Baden noted that the applicant would need to file an RMA with the Town as the application involves a right of way over lands of proposed lot 2 to access lot 3, and to give Lot 3 an easement as it will now be landlocked. He would also need to submit a map drawn by a surveyor with the correct Lot Line Improvement language on it as found in 125-18 of the Subdivision Code, and to submit an application at least a week prior to the next meeting.
Mrs. Christiana recommended that Mr. De Gondea hire an attorney to aid in the execution of the RMA.
ADJOURNMENT
Mr. Williams motioned to adjourn the meeting. Seconded by Ms. Lindstrom. No discussion. All members present in favor.
Chairman Baden adjourned the meeting at 7:30PM.
Respectfully submitted,
Rebecca Paddock Stange, Secretary