Planning Board Minutes November 14th, 2019

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

MINUTES OF November 14th, 2019 REGULAR MEETING OF the Town of Rochester PLANNING BOARD, held at 7:00pm at the Harold Lipton Community Center , Accord, NY.

Chairperson Lindstrom asked everyone to stand for the Pledge to the Flag.

The Secretary did roll call attendance.

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

Also present:
Mary Lou Christiana, Attorney for the Town. Brianna Tetro, Secretary.

ANNOUNCEMENTS and COMMUNICATIONS:

Chair Lindstrom stated that there would be a November workshop meeting, only for the application of Wayward Ranch. She reminded the Board that at the meeting the previous month, it had been decided that all items for the Wayward Ranch application , including public hearings, would be done at the workshop meetings. She said the only item that would still be on for the regular meeting agendas was when there was a decision.

TRAININGS:

Chair Lindstrom went through each member’s training hours for the year as there were a few who had yet to make the minimum yearly training requirements. She reminded the Board that they needed 4 hours a year and offered the opportunity to do online trainings through the New York Planning Federation website. She asked that the secretary provide any members interested in this route with the proper login information.

ACTION ON MINUTES
Chair Lindstrom made the motion to accept the October 10th, 2019 Regular meeting minutes as amended. Mr. Jones seconded the motion. Mr. Pinsky abstained as he had not been at the meeting on the 10th.

All in Favor. Motion Carried.
5 ayes, 0 nays, 1 absent, 1 abstentions.

APPLICATION REVIEW:

PB 2019-15 LLI New Application
Elbert DeJager & Town of Rochester (Applicants& Owners)
Lot Line Improvement
SEQRA: Type II by Code
Applicants propose the transfer (conveyance) of a portion of the former bed of Lucas Turnpike (+/- 0.16 acres) from the Town of Rochester to Mr DeJager S/B/L 77.1-2-34 (+/- 1.81 acres). Both parcels are in the AR- 3 zoning district and located at DeJager Lane, Accord, NY

Supervisor Mike Baden was present on behalf of the application.

Supervisor Baden explained what the application was all about.

Chair Lindstrom said everything on the maps looked fine however, they were labeled preliminary maps and they would need to be labeled final plats/maps in order to be provided a signature.

There was no other discussion.

Mr. Buchbinder made the motion to certify the Lot Line Improvement contingent on the transfer of the deed from the Town of Rochester to Mr. DeJager. Mr. Pinsky seconded the motion.
6 ayes, 0 nays, 1 absent, 0 abstentions.

Decision: PB 2019-15 LLI

Lot Improvement – Certification
*Pursuant to Chapter 125 and Chapter 140 of the Code of the Town of Rochester.

Applicant: Elbert DeJager
Owner: Elbert DeJager & Town of Rochester

Reason for Request:
A lot improvement proposing the transfer (conveyance) of a portion of the former bed of Lucas Turnpike (+/- 0.16 acres) from the Town of Rochester to Mr DeJager S/B/L 77.1-2-34 (+/- 1.81 acres). Both parcels are in the AR- 3 zoning district and located at DeJager Lane, Accord, NY.

Location: DeJager Lane, Accord, NY
S/B/L: S/B/L 77.1-2-34
Zoning District: AR-3

Zoning Permit filed: 10/10/2019 SEQR Type: Type II by definition
Planning Board Application #: 2019-15 LLI PB Application filed: 10/10/2019

* * * *
The Planning Board has reviewed the plat and certifies the lot improvement proposed will meet Town of Rochester lot requirements for the AR-3 zoning district and, for recording purposes only, further represents an exempt lot improvement in accordance with Section 125-18 of the Town of Rochester Subdivision Regulations. No subdivision approval is required or given by the Planning Board. The Planning Board further grants the authority to the Chairman to sign the plat certifying the lot improvement for filing purposes without further resolution upon receipt and the Chairman’s determination such plat meets the requirements of the code is in agreement with the sketch plan provided for review.

The owner shall file in the office of the Ulster County Clerk such certified plat bearing the Chairman’s signature within 62 days of this certification. The owner shall have the responsibility to return four (4) Ulster County Clerk certified copies of the plat to the Town of Rochester Planning Board within 30 days of filing.

PB 2019-16 LLI New Application
Wade Baker/Schoonmaker Heirs, LLC (Applicants& Owners)
Lot Line Improvement
SEQRA: Type II by Code
Applicants propose the swap of (+/- 0.22 acres) between S/B/L 69.4-2-16.4 (+/- 2.7 acres) to S/B/L 69.4-2-40 (+/- 50 acres). Both parcels are in the AR- 3 zoning district, residential and agricultural use and located at 2627 Lucas Ave, Accord, NY

Mr. Bill Eggers was present on behalf of the application.

Mr. Eggers explained what the lot line was all about and noted it was a Lot Line Improvement, not an adjustment, as stated on the maps.

Chair Lindstrom noted the maps would need to be corrected.

There was no other discussion.

Mr. Jones made the motion to certify the Lot Line Improvement. Mr. Buchbinder seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

Decision: PB 2019-16 LLI

Lot Improvement – Certification
*Pursuant to Chapter 125 and Chapter 140 of the Code of the Town of Rochester.

Applicant: Wade Baker
Owner: Wade Baker/Schoonmaker Heirs, LLC

Reason for Request:
A lot improvement proposing the swap of two different parcels each of (+/- 0.22 acres) between S/B/L 69.4-2-16.4 (+/- 2.7 acres) to S/B/L 69.4-2-40 (+/- 50 acres) and vice versa. Both parcels are in the AR- 3 zoning district, residential and agricultural use and located at 2627 Lucas Ave, Accord, NY

Location: at 2627 Lucas Ave, Accord, NY
S/B/L: S/B/L 69.4-2-16.4 and S/B/L 69.4-2-40
Zoning District: AR-3

Zoning Permit filed: 09/17/2019 SEQR Type: Type II by definition
Planning Board Application #: 2019-16 LLI PB Application filed: 10/17/2019

*Before moving on to the next application, Chair Lindstrom stated there was an amendment to decision PB 2019-13 SBD Michael O’Sullivan (Owner & Applicant) Minor Subdivision. *

Chair Lindstrom explained to the Board that this had been a 2 lot subdivision and had been approved the previous month but on the one parcel there had been existing structures however, the second parcel was to remain empty and in the decision it had read “lot 2 shall remain vacant” but that language was misleading in it sounded as though the parcel should always remain vacant and it was to be amended.

Mr. Jones made the motion to amend Planning Board decision 2019-13SBD granted to Michael O’Sullivan to replace the language in condition of approval #2 to read as follows: “No building permit should be issued for lot 2 until such time as Ulster County Health Department issues water and septic approval.” Mr. Buchbinder seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

Mr. Eggers said the Health Department didn’t do approval of wells.

Attorney Christiana said they had approved wells before.

Mr. Eggers said they didn’t put an application in for septic and water, they only would put one in for septic. He said the water was building department issues and the septic was the health department.

Chair Lindstrom explained it said “no building permit should be issued” until the Health Department issued septic approval.

Attorney Christiana said if the Health Department needed to issue a permit for the septic then the building inspector would not be able to issue a permit until the water was approved. She asked if water came from the Health Department at all.

Mr. Eggers said they may have to do water tests but he was not sure.

Mr. Jones asked who determined the distance between the well and the septic system.

Mr. Eggers said there were regulations.

There was discussion to rescind the motion and remove the word “water” from the map note.

Mr. Jones made the motion to rescind the motion to amend Planning Board decision 2019-13SBD granted to Michael O’Sullivan to replace the language in condition of approval #2 to read as follows: “No building permit should be issued for lot 2 until such time as Ulster County Health Department issues water and septic approval.” Mr. Williams seconded the motion.
All in Favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

Mr. Zurofsky made the motion to rescind the motion to amend Planning Board decision 2019-13SBD granted to Michael O’Sullivan to replace the language in condition of approval #2 to read as follows: “No building permit should be issued for lot 2 until such time as Ulster County Health Department issues septic approval.” Mr. Pinsky seconded the motion.
All in Favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

There was no further discussion.

PB 2019-17 LLI New Application
Ken Stephens, Executor for the Estate of Annette Finestone (Applicant)
The Estate of Annette Finestone & Laura Finestone (Owners)
Natural Subdivision/Lot Line Improvement
SEQRA: Type II by Code
Applicant proposes 2 transfers (conveyances) of acreage one by way of a natural subdivision with Mill Hook Road acting as the natural north/south division, and one by way of a Lot Line Deletion. (A) The transfer by LLI of +/- 6.3 acres from S/B/L 77.1-1-45.11 (+/- 91.2 acres) to S/B/L 68.4-4-20.2 (+/- 7.4 acres). And (B), the transfer of +/- 5.3 acres from S/B/L 77.1-1-45.11 to S/B/L 68.4-4-30 by natural subdivision & Lot line deletion. All parcels are in the AR- 3 zoning district, and located at 360 Mill Hook Road, Accord, NY. S/B/L 77.1-1-45.11 contains DEC freshwater wetlands south of Mill Hook Road, which are not to be disturbed by the natural subdivision/LLI’s.

*Mr. Pinsky recused himself from the application at 7:26pm.

Mr. Bill Eggers and Mr. Ken Stephens, executor of estate, were present on behalf of he application.

Mr. Eggers explained what the application was all about.

The Board discussed the maps and the application.

Chair Lindstrom stated that on the final plats, in the title, it should say “Lot Line Improvement and Natural Subdivision.” as the application was for both.

There was no further discussion.

Mr. Buchbinder made the motion to accept the lot line improvement and natural subdivision. Chair Lindstrom seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

*Mr. Pinsky returned to the meeting at 7:30pm*

PB 2019-12 SBD Public Hearing/Continued Application
Gerald Rusolo (Owner & Applicant)
Minor Subdivision
Applicant proposes the subdivision of a +/- 15.58 acre parcel (S/B/L 76.4-2-11.300) into two lots by the separation of +/- 3.25 acres into a second parcel. Proposed parcels are to be separated by Berme Road. Existing parcel is parcel #3 of an existing subdivision and is vacant woodlands. Parcel is located at 2021/2022 Berme Road, Accord, NY and is in the R-2 zoning district. No construction is planned at this time.
SEQRA: Unlisted/Uncoordinated, Negative Declaration October 10th, 2019

Mr. Bill Eggers was present on behalf of the application.

Chair Lindstrom reminded the Board what the application was all about from the previous month’s meeting.

Attorney Christiana noted it was a minor subdivision as it was part of a current subdivision.

Chair Lindstrom stated SEQRA had been done at the October 10th, 2019 Regular Meeting and it had been an Unlisted/Uncoordinated action and Negative Declaration.

Chair Lindstrom opened the public hearing.

There was no comment from the public.

Mr. Buchbinder made the motion to close the public hearing. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent. 0 abstentions.

There were no comments or questions from the Board.

Chair Lindstrom read the decision:

Decision: PB 2019-12 SBD
Minor Subdivision Conditional Final Approval

Applicant: Gerald Rusolo

Reason for Request: Applicant proposes the subdivision of a +/- 15.58 acre parcel (S/B/L 76.4-2-11.300) into two lots by the separation of +/- 3.25 acres into a second parcel. Proposed parcels are to be separated by Berme Road. Existing parcel is parcel #3 of an existing subdivision and is vacant woodlands. Parcel to be subdivided is in the R-2 zoning district. No construction is planned at this time.
Location: Parcel is located at 2021/2022 Berme Road, Accord, NY
Total Acreage: ±15.58 acres
S/B/L: S/B/L 76.4-2-11.300 Zoning District: R-2 (Low Density Residential)

Code Enforcement Determination: Minor Subdivision
Zoning Permit: 343 of 2019

Planning Board Application: 2019-12 SBD
PB Application filed: 8/26/2019 EAF filed: 8/26/2019

SEQR Type: Unlisted, Uncoordinated – 10/10/2019
SEQR Determination: Negative Declaration – 10/10/2019
Other Agency Referrals: N/A

Documents considered by the Planning Board for review

1. Zoning Permit 343 of 2019 determination of Minor Subdivision received dated 8/29/2019
2. Planning Board Subdivision application 2019-12 SBD received 8/26/2019
3. Short Form EAF Part 1 received 8/26/2019
4. Letter of Agent received 8/26/2019
5. Land Survey of proposed subdivision by Medenbach and Eggers received 8/26/2019
6. Ulster County Parcel Viewer Aerial View from PB Secretary 11/14/2019

Notice of Public Hearing:

1. Published in the October 3rd, 2019 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: 11/14/2019
Place: Town of Rochester Community Center, Accord, NY
Public Comment: (see Minutes of Town of Rochester Planning Board, November 14th, 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’s agent, Medenbach & Eggers Civil Engineers & Land Surveyors, LLC 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 76.4-2-11.300 (+/- 15.58 acres) into two lots (lot 3.1 of +/- 3.25 acres and lot 3.2 of +/- 12.33 acres) by the separation of +/- 3.25 acres into a second parcel. The proposed parcels (lots) are separated by Berme Road.
4. The existing plat is filed with the Ulster County Clerk.
5. The plat is part of an existing subdivision (“Rusolo Subdivision” dated January 15th, 2006) and recorded at the Ulster County Clerk’s Office April 25th, 2006. The existing subdivision shall be amended and filed to reflect the further subdivision of S/B/L 76.4-2-11.300.
6. The current use of the parcel is vacant land/woodlands, flat to gentle sloping in nature. The subdivided parcels are proposed to remain vacant. Town of Rochester R-2 zoned districts are low density residential zoning districts, which are intended to recognize and preserve the integrity of predominantly low-density rural residential areas and protect them from intrusions of incompatible uses. The Board determined that the proposed subdivision met this criteria.
7. Existing site conditions are vacant land. Parcel(s) contains farmlands of state wide importance. There are no physical restrictions on the site nor listed on parcel deed.
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 frontage on the Town Highway Berme Road.
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 Board reviewed if the proposed lots could support water and septic. The Planning Board requested engineer certification or UC Health Department approval that the new lots can support water and septic before any building permits shall be issued. This shall be a condition of approval.

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 November 14, 2019 by the following vote:
Ayes: 6 Nays: 0 Absent: 1

Motion to adopt findings by: Mr. Buchbinder
Second by: Mr. Pinsky
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision- Conditional Final Approval permitting the subdivision of lands situated at: 2021/2022 Berme Road, Accord, NY

The subdivision plan dated August 21st, 2019 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 existing subdivision shall be amended and filed with the Ulster County Clerk to reflect the further subdivision of S/B/L 76.4-2-11.300
3. 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, without Planning Board Approval.”
4. All required Local, County, State or Federal permits shall be secured for the current and future use of these lands. Engineer certification or UC Health Department approval that the new lots can support water and septic shall be required before any building permits shall be issued.

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 & 3 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 November 14th, 2019, by the following vote:
Ayes: 6 Nays: 0 Absent: 1

Motion made by: Mr. Pinsky
Second by: Mr. Zurofsky

PB 2019-14 SBD New Application
Alexious (Alex) & Dru E. Kambouris (Applicant & Owner)
Minor Subdivision
Applicant proposed the subdivision of a +/- 8.13 acre parcel (S/B/L 69.3-3-25.120) into two lots by the separation of +/- 1 acre into a second lot for a single family residence. Proposed new parcel has UCDOH approval for well and septic. Parcel is moderately sloping vacant land and is in the B zoning district.
SEQRA: TBD

Mr. Bill Eggers and Mr. Alex Kambouris were present on behalf of the application.

Chair Lindstrom explained what the application was all about and she noted that if Mr. Kambouris was going to build a home for himself he would not have had to come in front of the Board but he was gifting a portion of this land to his daughter and therefore it was a subdivision.

Attorney Christiana asked from where the right of way was, would there be a shared driveway?

Mr. Eggers explained there was a purposed right of way from the driveway and the existing 50 ft right of way to have access to the lot.

Attorney Christiana asked that Mr. Eggers email her a copy of the existing right of way to make sure there were no restrictions.

Mr. Pinsky asked if the right of way would be permanent.

Attorney Christiana explained they were putting in another lot that did not have road frontage.

Mr. Pinsky said he understood that put if the lot changed ownership, then the right of way would remain forever.

Attorney said absolutely the right of way would remain.

Chair Lindstrom said Mr. Kambouris would have to write up something that would state the access to lot 3 and they also needed to write a waiver to the Board stating they were waiving the 50 ft access to a highway due to the slope.

Attorney Christiana said they needed to provide a road maintenance agreement to the Town so it would be known that emergency vehicles could get to the lot in case something happened.

Attorney Christiana asked Supervisor Baden, as he was a member of the Ulster County Planning Board, if this lot fell under the exception agreement and therefore would not need to be referred to the County for review.

Supervisor Baden said he believed so because it was a minor subdivision and was under 4 lots. He then looked it up and saw it did fall under the exception agreement.

There was no further discussion or questions.

Mr. Jones made the motion to set the application for public hearing at the December 9th, 2019 regular meeting. Mr. Buchbinder seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

Chair Lindstrom made the motion to type the application as an Unlisted/Uncoordinated determination for SEQRA. Mr. Williams seconded the motion.
ROLL CALL:
Chair Lindstrom- Yes Mr. Pinsky- Yes
Mr. Buchbinder- Yes Mr. Williams- Yes
Mr. Zurofsky- Yes
Mr. Jones- Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

The Board went through the EAF Part II.

Mr. Buchbinder made the motion to type the application as a Negative Declaration for SEQRA.
ROLL CALL:
Chair Lindstrom- Yes Mr. Pinsky- Yes
Mr. Buchbinder-Yes Mr. Williams- Yes
Mr. Zurofsky- Yes
Mr. Jones- Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

*The Board took a 5 minute break at 7:57pm. *
*The Board reconvened at 8:02pm
PB 2019-01 SUP/SPA Public Hearing/ Continued Application
Wayward Ranch Animal Sanctuary, LLC (Applicant)
CWC Loosestrife, LLC (Owner)
Site Plan and Special Use Permit
Applicant proposes the establishment of a farm animal sanctuary and construction of a 90’x 60’ dog & cat kennel, on +/- 63.5 acre parcel located at 30 Loosestrife Lane, Kerhonkson, NY, S/B/L 76.1-2-2.111. Parcel is presently used as a farm and equestrian facility with barn, stables, paddocks, etc. also including a single family residence. AR-3 zoned, Ulster County Ag District #3, ACOE national wetlands on property and within 500 ft of a registered historic property.
SEQRA: TBD

*Chair Lindstrom recused herself from the application on June 10th, 2019. Vice Chair would be chairing the meeting going forward.*
No one was present on behalf of the application.

Chair Jones explained to the Board about the most recent submission packet from the applicant. He went through the items that had been received which included: Storm water plans, landscaping plans, SWPP report, SWPP narrative, updated project narrative, Paula Carpenter and Associates noise study, aerial map, safety plan, and updated site plan. He told the Board that these items would be discussed at the November 25th, 2019 workshop meeting and to look over all the information before that.

There were no other questions or comments from the Board.

Chair Jones opened the public hearing.

Mr. Robert Kilpert read a letter he had submitted to the Board:

Mr. Kilpert that there were 25 other residents who wanted to put their name to his letter so he would submit what he had that evening but then re-submit it with the signatures when he got them.

Mr. Pinsky asked that he do that as soon as possible.

Mr. George Duke, attorney representing Mr. Adam Glassman, the property owner who was adjacent to the applicant’s site. He stated he had just submitted a letter prior to the meeting electronically and it had been submitted via regular mail and it was his fourth letter and he wasn’t going to repeat everything that had been said previously, as it stood for itself and was in the record, but there were two things he wanted to update the Board about. He said the first thing was he did approach Ms. Polidoro, the attorney for the applicant, at the last public hearing he attended and that they had a conversation about seeking to mitigate some of the impacts that his client would have and the conversation was cordial and the applicant had seemed receptive to some mitigating factors, however, those conversations had not continued and he was just letting the Board know that they (as in he and Mr. Glassman) were there and ready and they would like to resolve things privately and outside the purview of the Board. The second part of his updated, he stated, was that he felt there were two items of mitigation his client was entitled to: First being, Conditions that they would ask the Planning Board to place on any approval that would ultimately grant in the interest of avoiding litigation, they really did not want to have to go that way, so they believed there were certain mitigating factors that could be conditions of the site plan approval and he had outlined those in his referenced letter specifically, so the Board could read it but just to give them an idea he would run through them and he felt they were very fair and reasonable 1) Prohibtion of event space on the property, 2) Creation of a natural barrier between the properties, 3) Installation of proper signage for safety for trespassing, 4) Execution of reciprocal easements and maintenance agreements on the private road that they shared due to the increase traffic, 5) Limitation of parking on the site, 6) Removal of illegal structures that they believed were on the property and he realized that permits had been issued but it raised the issue of if there was an illegal dog paddocks and there was a permit issued while the application was pending then there was the potential segmentation issue that he outlined in his previous letter.
He thanked the Board for their time, but he just wanted to update them and Mr. Duke stated if they did speak to the applicant and their attorney tell them that they were there and they were receptive to a conversation and they encouraged them to reach out.

Chair Jones asked if they had sent a letter to the applicant’s attorney as well.

Mr. Duke said he did not but it was public information and he would make sure they had it by the next day. He said the conditions he spoke about was what he believed the Board could do in their purview and jurisdiction.

Mrs. Donna O’Connell stated there was just one thing she wanted to say, just something that had been on her mind about all of this. She said he had been reading the zoning laws and it struck her odd that the AB-3 Agricultural Business district seemed to have a cap of 4,000 sq ft on what they could build but the AR-3 Agricultural Residential district did not and wasn’t that a little odd that things in neighborhoods beyond what could be in a commercial? She said Wayward was 5,400 sq ft which would be beyond what the commercial agricultural zoning would be and that was a big issue for her, the size of wayward. She said the other thing was, when she did the map it said there was suppose to be one space per 175 sq ft which was why they had so many parking spaces for the kennel, 31 spaces, but if it were to have a cap of say 4,000 sq ft like other districts have, it would bring it down to 22 parking spaces, which in her mind was a big difference. She said it was just something to keep in the Board’s mind as they go through everything and she just felt it was pretty interesting and she didn’t understand why there was a cap on what could be built in other areas.

Mr. Michael O’Connell said he wanted to chime in and that he and his wife, Donna, lived above the property and the other day there were two eagles, bald eagles, and there were ponds there and the eagles often fish the ponds especially in the winter when everything was frozen. He said if anyone knew about eagles they have a mating ritual where they look like they are fighting each other, a duel, and they landed on the trees right on top of the pond, right where the kennel was going to be. He said 15 barking dogs outside, when Mr. Kilpert was reading everything about the comprehensive plan just before, the project was against everything and all of the natural wonder there, the eagles won’t be there anymore and it was just sad. He said the applicant was just going to bury them in paperwork. He said 70 pages to tell him that the dogs weren’t going to make noise? He said that was all he had to say.

Mr. John Mashamesh stated at the last meeting he had told a story (See minutes from October 10th, 2019 for comments).

Chair Jones stated he remembered the story.

Mr. Mashamesh said after that meeting he got a visit from the state troopers because the applicant had called them. He said at the last meeting he had not threatened the applicant, he had been telling a story that had happened over 25 years ago on his property and now he couldn’t drive down Loosestrife lane, he had to stay away from the applicant, and he wanted to know if the Board was aware of it.

The Board was not aware.

Mr. Mashamesh continued and stated he had been down there four times to help the applicant out, and this was what he got? He said he had introduced himself the first time the applicant moved in and told them if they had a problem he would be there for them. He said the second time, the horses got out, the third time the dogs got out, and the fourth time he came to the meeting and told the story about the dogs from 25 years ago and the applicant called the troopers on him.

Chair Jones said he did not want to get in between Mr. Mashamesh and the applicant but he wanted to reflect back at what happened at the last meeting when he had spoken. He said he had told Mr. Mashamesh to calm down and change the tone of his voice because he had specifically said to the applicant something in the context of pulling a gun on another homeowner’s dog at some other point in time that had the police involved. Chair Jones said in his mind, Mr. Mashamesh had suggested to the applicant that he was extremely upset and specifically said to the applicant “and what are you going to do if one these dogs gets out and attacks a family member.” Chair Jones said if the applicant sitting across from him, by herself, felt threatened by Mr. Mashamesh, he felt for her as a single lady sitting there by herself and it was in her prerogative if she felt nervous and within her scope to do what she felt she needed to do to protect herself.

Attorney Christiana noted that was outside of the Board’s purview and the Board was there to look at planning and zoning.

Mr. Mashamesh said he hadn’t been threatening the applicant and he noted the past Monday, the applicant’s horses got out again, in the back of his field and he could have gone down and made a complaint to the troopers but he didn’t. He said he was being a neighbor and he didn’t threaten her and if she thought he had threatened her then she should have come and spoke to him.

Another resident said he wanted to speak about the safety issue. He asked if the animals were really going to be contained? He said he wanted to know the protocol, what was the staffing, what was the training of the staffing. He said he would like personally to say to the applicant that he thought what they were doing was amazing and that it was fantastic that they were saving dogs and he was all for it and he had given them money when he and his wife found out it was an animal sanctuary but then they found out the population would include bully breeds and that things may have changed recently, but the mission statement originally was mainly about bully breeds and that made him a little scared. He said lived directly across from the property and he and his wife were in their late 60s and his wife is out there gardening all day long and their dogs are often out and he worried about them and about the others in the neighborhood. He said he would feel safer if they had highly trained staff that would follow extremely precise protocol with facilities that were designed and constructed to handle those protocols. He said it was really about containment and he didn’t have the ability to look at what staffing should look like but there were people who could do that and he thought it was far too urgent and dire of possible consequences that it not be looked at. He stated there were four cases of escaped animals and granted their facilities aren’t set up at the moment like they wanted them to be, the point was the animals were already getting out and for the safety of the entire neighborhood, beyond noise and environment, the safety of his wife and his dog and himself, he would like to know that those dogs would not be getting out and the only way to know that would be to have a professional who had experience was handling it and he had a letter he had not sent in as of yet because he kept changing it, but the letter talked about his admiration of them getting bully breeds. He explained that as an example, Michael Vick’s dogs could not be rehabilitated according to PETA and other animal rights organizations and PETA still stated that there were animals that could not be rehabbed even after the very good stories of Michael Vick’s dogs that an organization in Utah took in order to try and rehab them, and they did succeed with a few, and it did seem to contradict the position he was taking that he was really afraid of these kinds of dogs, but the facility in Utah was a 30,000 acre, high desert facility, hundreds of miles from population with gigantic staff at the facility and training from across the globe from animal behavior experts. He said he felt it was a great story and he did not expect Wayward Ranch to have that kind of facility and training and staff but he did want to know the staff was professional and credential, highly trained and ideally experienced. He asked how would it be ensured that would happen? He didn’t expect them to get an expert, he wouldn’t ask that, and he wouldn’t ask the Planning Board to do that on their own. He asked if there was a way the neighbors did it? He didn’t know.

Chair Jones stated he appreciated all the research and effort that the residents were putting into the application.

Mr. Mashamesh asked if there was going to be a barrier around the entire property.

Chair Jones said not around the entire property but from the site plan it showed where the barriers would be.

Mr. Mashamesh asked if Chair Jones lived in Kerhonkson.

Chair Jones said he did.

Mr. Mashamesh asked if he had ever been down Boice Mill Rd.

Chair Jones said yes, he lived off of Boice Mill Rd. He finished his earlier thought and said that there would be a fence around where they were putting around the kennel building.

Mr. Buchbinder made the motion to continue the Public Hearing at the December 30th, 2019 Workshop meeting at 6:30pm. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 1 absent, 0 abstentions, 1 recused.

There was no further discussion.

ADJOURNMENT:

Mr. Pinsky made the motion to adjourn the meeting at 8:46pm. Mr. Buchbinder seconded the motion.
All In Favor. Motion Carried.
5 ayes, 0 nays, 2 absent, 0 abstentions.

Respectfully Submitted,

Brianna Tetro, Secretary