PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF November 8th, 2018 Regular Meeting of the Town of Rochester PLANNING BOARD, held 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:
Maren Lindstrom, Chairwoman Laurence Dewitt
Sam Zurofsky- 7:16pm Brian Buchbinder
Rick Jones- 7:05pm
Alonzo Grace
Patrick Williams
Also present:
Shaye Davis, Secretary. Mary Lou Christiana, Attorney for the Town. Brianna Tetro, New Secretary.
ANNOUNCEMENTS AND COMMUNICATIONS
Chairperson Lindstrom announced the staffing change of Shaye Davis, Secretary, leaving for the same position at the Town of Marbletown. She then welcomed Brianna Tetro who will be taking over for Shaye as Town of Rochester Planning and Zoning Board of Appeals Secretary.
TRAININGS
Chairperson Lindstrom announced the Association of Towns Winter Planning and Zoning Schools that were scheduled to take place Saturday, 11/10/18 in Schoharie & Saturday, 11/17/18 in Oswego. She also mentioned 2 day training in February of 2019 in New York City at the Marriot Marquis.
ACTION ON MINUTES
Mr. Williams motioned to table the October 11th, 2018 Planning Board Minutes until December. Mr. Grace Seconded the motion.
All in favor. Motion carried.
5 ayes, 0 nays, 2 absent, 0 abstentions
PB 2018-07 LLI New Application
Lot Line Improvement
Richard Stanley, Heidi Mader & Oak Queens, LLC
Proposes a lot line adjustment adjusting various lot lines to transfer driveway access and consolidate lots: S/B/L 68.1-2-6.2, S/B/L 68.1-2-6.
114, S/B/L 68.1-2-6.80 (Stanley/Mader lots) and S/B/L 68.1-1-75.1 (Oak Queens, LLC Lot). Transfer of lands shall include a driveway easement from Oak Queens, LLC (S/B/L 68.1-1-75.1) to Stanley/Mader S/B/L 68.1-2-6.2
Located at 800 & 810 Queens Highway, Accord NY. R-2 Zoned
SEQRA: Type II Action (by code)
Mr. Stanley was present on behalf of the application. Mr. Yantz, his neighbor, was also present on the behalf of the application.
Mr. Stanley explained he and his wife owned 3 lots located at 800 Queens Highway. The 3rd lot was separated by a 50 ft. swath owned by his neighbor, Yantz. Overtime Yantz had indicated to Mr. Stanley that he was interested in having more road frontage. Mr. Stanley was more interested in connecting his main parcel and the 2 acre lot there, so they would be continuous. Mr. Stanley explained that it was understood between Yantz and himself that in going through his process, Yantz would need a 50 ft. pathway to his property.
Chairperson Lindstrom explained he needed a 50ft. pathway to his property for access onto the road, so that emergency vehicles can get in and out.
Mr. Stanley explained Mr. Yantz has access to the road on the easement of the driveway.
Mr. Stanley stated he and Mr. Yantz decided that Mr. Stanley could move the property line of his first lot to the edge of the driveway, so that Mr. Yantz is more comfortable and would not have an easement and would own and maintain the driveway., They further discussed Mr. Stanley having an easement so that he could access his upper lot, without having to go over the creek, then the 50 ft. swath would be added to Mr. Stanely and Ms. Mader’s 2 acre lot. Mr. Stanley explained he would then own the middle part and another smaller part of the lot, and Mr. Yantz would have a portion of Mr. Stanley’s first lot added on to his 60 +/- acres behind Mr. Stanley and Ms. Mader’s lot.
Mr. Stanley explained they drew new lines so that the driveway access would have a good turn and that a large vehicle could go into it.
Chairperson Lindstrom asked Town Attorney Christina if they cared anything for a lot line adjustment about the easement or non-easement at this point?
Town Attorney Christina answered no because they both have enough road footage.
Chairperson Lindstrom asked the Board if they had any questions.
Mr. Jones asked if the highway superintendent had to weigh in on this?
Mr. Lindstrom and Town Attorney Christina answered no, as the driveway was already existing.
Mr. Jones motioned to vote to certify the Lot Line Change. Mr. Williams seconded.
All in favor. Motion carried.
5 ayes, 0 nays, 2 absent, 0 abstentions
PB 2018-02 SBD Public Hearing/ Continued Application
Minor Subdivision Approval (with Lot Line Adjustment)
Aric Davenport
Proposes the subdivision of approximately eight (8) acres (S/B/L 68.3-2-25.200) into two lots, one 3.5 acre lot with existing single family residence and one vacant land lot of 4.51 acres. Located at 50 Rochester Center Drive, Accord, NY R-1 zoned
SEQRA: Unlisted/Uncoordinated, Neg Dec 10/11/2018
Aric Davenport was present on behalf of the application.
Chairperson Lindstrom stated that the Board would need to complete a SEQRA first because it is a subdivision.
Mr. Williams motioned to type the application as a Negative Declaration on SEQRA. Mr. Grace seconded the motion.
Roll Call Vote:
Chairman Lindstrom – Yes Mr. Grace – Yes
Mr. Jones – Yes Mr. Zurofsky – Yes
Mr. Williams – Yes
All in favor. Motion carried.
5 ayes, 0 nays, 2 absent, 0 abstentions
There were no comments from the public.
Chairperson Linstrom motioned to close the public hearing. Mr. Williams seconded the motion.
All in favor. Motion carried.
5 ayes, 0 nays, 2 absent, 0 abstentions
The Board requested that Mr. Davenport have Medenbach and Eggers add the neighbors across the street to the survey map, add a locator map, and add The Right Farm statement.
The Board had no further questions. The Board read the findings.
Findings of the Planning Board:
1. The Planning Board has received zoning referral for a 2-lot Minor Subdivision from the Code Enforcement Officer.
2. The application proposes to subdivide a parcel of land into 2 lots resulting in a Minor Subdivision.
3. The parcel to be subdivided is known as S/B/L: 68.3-2-25.200 and has road frontage on Rochester Center and City Hall Roads.
4. The current use of the parcel is a single family residence with woodlands.
5. Lot 1 and Lot 2 meet the bulk standards requirements for the ‘R-1’ zoning district.
6. Both parcels, as proposed, will exceed the required minimum road frontage on a public roadway.
7. Proposed Lot 1 has an existing house, garage well, septic, and gravel driveway, which shall remain.
8. Proposed Lot 2 has no existing improvements. No new improvements are proposed.
Draft findings were prepared by the Chairman and were read and discussed by the Planning Board.
Findings Adopted November 8, 2018
Motion to adopt: Jones
Second: Lindstrom
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision-Conditional Final Approval to Aric Davenport permitting the subdivision of lands situate at 50 Rochester Center Road, known as S/B/L 68.3-2-25.200 and located in the ‘R-1’ zoning districts, into 2 lots.
The plat dated September 5th, 2018 is approved with the following conditions.
CONDITIONS of APPROVAL:
1. 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 plat.
2. Applicant shall add all surrounding neighbors (names and SBL), Locator map, and Right to Farm Statement on plat.
3. All Local, County, State, and Federal Laws or Codes shall be complied with and all required Local, County, State, or Federal permits shall be secured for the current or future use of these lands.
4. This Conditional Final Approval shall expire 180 days from this approval date unless conditions 1and 2 are satisfied by the applicant and the plat is presented and certified as complete 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-Final Approval permitting the subdivision of lands upon the satisfactory completion of conditions of approval conditions 1 and 2. The Planning Board grants the authority to the Chairman to certify the condition has been completed without further resolution and to sign and date the plat 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 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 filings to the T/ Rochester Planning Board within 30 days of such filing.
Adopted November 8th, 2018 by the following vote:
Ayes: 5 Nays: 0 Absent: 2
Motion made by: Williams
Seconded by: Grace
PB 2018-12 SPA and PB 2018-08 LLI New Application
Aquarius Star Corp c/o Joe Esposito (owner) & Alex Banner (applicant)
(1) Lot Line Improvement
Proposes (1) a Lot Line Improvement combining 2 parcels S/B/L 77.1-2-42.120 & S/B/L 77.1-2-42.130 (+/- 3.1 and +/- 3.3 acres respectively) into one +/- 6.4 acre parcel Located at 2919 & 2921 Lucas Turnpike, Accord, NY
SEQRA: Type II Action (by code)
Mr. Banner and Thomas Kentop from Medenbach & Eggers were present on behalf of the application.
Chairperson Lindstrom stated that the applicant needed to add the properties across the road on the map.
Chairperson Linstrom read a letter from the CEO Jerry Davis regarding a Right of Way on the lot behind Mr. Banner’s. She then asked Attorney Christina if this needs to be shown for a Lot Line adjustment. She also asked Mr. Banner if he knew anything about a Right of Way, which he stated he did not, and that if there was one it was informal.
Attorney Christina asked if there was a Title Search done, and if so did a Right of Way come up? Mr. Banner indicated there was a Title Search done and Mr. Kentop stated it did not come up on the Title Search.
Attorney Christina stated that if this was a handshake deal and that because it was land locked, they didn’t need to worry about the Right of Way.
Mr. Williams motioned to vote to certify the Lot Line Change. Mr. Jones seconded.
All in favor. Motion carried.
5 ayes, 0 nays, 2 absent, 0 abstentions
Decision: PB 2018-08 LLI
Lot Improvement – Certification
•Pursuant to Chapter 125 and Chapter 140 of the Code of the Town of Rochester.
Applicant: Alex Banner Property Owner Aquarius Star Co. c/o Joe Esposito
Reason for Request:
A lot line improvement removing a lot line to convert 2 lots: S/B/L 77.1-2-42.120 (+/- 3.09 acres) and S/B/L 77.1-2-42.130 (+/- 3.25 acres) to one +/- 6.34 acre lot.
Location: 2919 Lucas Turnpike, Accord, NY
S/B/L: S/B/L 77.1-2-42.120 and S/B/L 77.1-2-42.130
Zoning District: AR-3
Zoning Permit filed: 9/4/2018
Planning Board Application #: 2018-08 LLI
SEQR Type: Type II by code
PB Application filed: 10/29/2018
• • • •
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 districts 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 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 off filing.
(2) Adaptive Reuse under TOR code 140-18C, Economic Enterprise Overlay District (EEO), requiring Planning Board Site Plan Approval
Further proposes (2) the adaptive reuse of a 12,000 SF building currently used as offices, an apartment and storage into a woodworking and other small artisanal craftsman’s workshop(s) and offices.
S/B/L 77.1-2-42.120 & S/B/L 77.1-2-42.130. AR-3 Zoned, AP & FP overlay, ACOE Wetlands & NYDEC protected stream on parcels
SEQRA: Type I, Neg. Dec 10/4/2018
Mr. Banner explained that he owned a woodworking shop. His plan was to continue to keep his shop in the building, but also rent out the spaces to other local small businesses. The structure would stay the same, the parking the same, etc. All the Board needed to approve was the Site Plan, as the Town Board already completed the SEQRA.
Chairperson Lindstrom stated that for all intents and purposes the structure was going to stay the same but would just get a face lift.
Chairperson Linstrom asked if their waste area was going to be outside.
Mr. Banner stated that their waste would be put inside.
Chairperson Lindstrom asked if their signage for the building was going to change.
Mr. Banner stated that he was going to keep the sign the same for now. He said it may change over time but for right now he wanted to keep it the same.
Chairperson Lindstrom stated if and when he decided to change the signage he would have to go to the CEO and get a sign permit.
Chairperson Lindstrom asked if the building was going to be just for the craft’s people or would there also be a showroom where people came in to see the works?
Mr. Banner stated he wasn’t opposed to that idea and that it would depend on who came in and rented space. Mr. Banner continued that at present, it was more focused on businesses that were owned by him and his wife and that they were strong supporters of small businesses and they wanted to keep it small and family oriented.
Chairperson Lindstrom stated her thought was if Mr. Banner was doing a project for a specific person and that person came up to look at it, would he be allowing that?
Mr. Banner stated that it was something he and his wife do. He said maybe once every month somebody may come up and look at the thing they are working on.
Chairperson Lindstrom asked if Mr. Banner would eventually divide the building up if others wanted to come in and remove the existing tenants?
Mr. Banner stated no. He explained that he was strongly opposed to kicking people out and that he was there because he and his wife were losing their space.
Chairperson Lindstrom asked Mr. Banner if he would divide it up more?
Mr. Banner stated no. He said the building was nice and that they didn’t need to do anything to it. He explained that the building had a pre-existing divide so even if someone were to take up work space in the building, they wouldn’t need to divide it.
Chairperson Lindstrom asked if Medenbach and Eggers and sent a letter to Mr. Banner in regards to the septic needing to be augmented.
Mr. Banner stated that was correct and that it had been replaced.
Chairperson Lindstrom stated that this would need to be placed in the file, even though it was a requirement of the Town Board and it was in their files.
Mr. Zurofsky asked what would be the difference between this site plan and say, a site plan for solar.
Attorney Christina stated that it was just a regular site plan review. She also stated since this is an EEO its really a reparative use. Everything would be there already.
Mr. Jones made the motion to set the application for Public Hearing. Chairperson Lindstrom seconded the motion.
All in favor. Motion carried.
5ayes, 0 nays, 2 absent, 0 abstentions
Chairperson Lindstrom stated that the Board also had to resend the application to the Ulster County Planning Board. The Board already had something in their application from the Highway Department so the application wouldn’t need to be sent to the Highway Department.
Mr. Kentop asked hadn’t the application already been sent to the Ulster County?
Attorney Christina stated yes, that but it hadn’t been sent to the Ulster County Planning Board for a Site Plan Review of a property on a county road. It had been sent to the County for the rezone, but the application needed to be sent again for this site plan approval as well.
Chairperson Lindstrom stated the application had to be sent to the fire department. She also asked if it needed to be sent to the Health Department even though everything is all figured out and it’s a pre-existing structure, they already improved it, and she didn’t think they really needed anything for the Health Department.
Attorney Christina asked if they did a new septic and did they have the Health Department approval for that?
Mr. Kentop stated yes.
Attorney Christina stated then they could just submit the approval to the Board.
Mr. Kentop stated he had spoken wrong. The septic had been repaired and it wasn’t new so there wasn’t any approval needed from the Health Department.
The Board discussed with the applicant exactly what was done to the septic.
Attorney Christina stated that the only place the application needed to be referred to was to the Ulster County Planning Board.
Mr. Zurofsky motioned to have the application be referred to the Ulster County Planning Board. Mr. Williams seconded the motion.
All in Favor. Motion carried.
5 ayes, 0 nays, 2 absent, 0 abstentions
PB 2018-04 SBD New Application
Major Subdivision Approval
Mountainview Subdivision/Ferro (owner & applicant)
Proposes subdivision of S/B/L 77.1-2-33.500 (+/- 94 acres) into three plots. Located at De Jaeger Lane/Peninsula Lane, Accord, NY. AR-3 zoned. AG-3 Agricultural District, FP Overlay, NYS DEC Wetlands on parcel, Prime Farmland.
SEQRA: TBD
Mr. Ferro was present on behalf of the application.
Chairperson Lindstrom asked Mr. Ferro what the goal was of the subdivision.
Mr. Ferro stated that he had the property on the market for quite some time. He stated he had no desire to do a subdivision, but he had no buying interest in the property as a whole. Big lots hadn’t been moving so he wanted to subdivide part of the larger lot into two lots in hopes that they would be sold. He explained he has a mortgage on his property that he needs to get paid off, so he decided he would go ahead and subdivide 2 lots at the time. Mr. Ferro said if he could get those properties paid off, then he would step back and re-evaluate when he wanted to do.
Mr. Ferro stated he did have a concept if he would develop the property further, and asked if the Board wanted to tell him what that idea would be.
Chairperson Lindstrom stated she did want to hear his concept.
Mr. Ferro stated that his concept would be on 100 acres, or really the 94 acres because of a previous Lot Line Improvement, he would have no more than 10 home sites on the 100 acres, that would be the max. He stated that many years ago he submitted a plan to the Board, which had included a long term plan, and at that time the whole 100 acres had been subdivided. However, he stated his thought process at the moment would be to leave almost all of the wetlands and almost all of the buffer zones to the wetlands, and combine it with the farm, which is 28 acres. He then would leave it as the farm which would be 28 acres plus 40 acres, which would be wetlands and buffer zone wetlands, and he would hold on to those and not include them in any development. He explained most of that property was hay property.
Mr. Ferro then stated he may have to come back after the 2 lots were subdivided, with a formal final plan for the property. He explained he still wouldn’t want to subdivide them all at that time, but if he wanted to go further than he was, he would lay out 10 parcels.
Mr. Jones asked the 10 parcels would come out to be how many acres in total?
Mr. Ferro stated that the 10 parcels would be on about 55 acres in total.
Mr. Ferro explained that the reason it was a major subdivision, he had to put in a road between the 2 lots he wanted to subdivide, and that he planned on having a turn around. He would have a private road that would have access to the rest of the land on his property.
Chairperson Lindstrom presented the Board with maps she found on Ulster County Parcel viewer, which explained the property more in depth.
The Board discussed more in depth property details.
Chairperson Lindstrom asked Attorney Christina if the Board needed to get the full idea of the subdivision or could they just add the 2 lots, as she was a little confused to what degree the Board needed to “attack” the concept of the larger subdivision.
Mr. Ferro stated it was his understanding that if he did a driveway as opposed to a road, that it would have been a minor subdivision. But he explained to go that route would have been ridiculous as ultimately someone will eventually need access to the rest of the property.
Attorney Christina stated to Chairperson Lindstrom, that Mr. Ferro needed to have Medenbach and Eggers, or whoever he used, to look at 125-14.
Chairperson Lindstrom explained to Mr. Ferro that 125-14 was building out more robust plans. Those would be the things the Board would need to go past a sketch plan. Things that needed to be added would be all streets, roads, streams, waters, sewage, and gas power, within 500 ft. of the subdivision.
Mr. Ferro asked that if he understood Chairperson Lindstrom correctly, he needed to present the board with a more formal map.
Attorney Christina stated that Mr. Ferro was correct, and everything he needed was listed in 125-14.
Mr. Ferro asked if the 2 lots had to be surveyed?
Attorney Christina yes, Mr. Ferro did need to have the 2 lots surveyed because he needed to have the proposed layout.
Mr. Jones stated that the conservation code should be added to Mr. Ferro’s long term plan.
Attorney Christina stated that Mr. Ferro could discuss that with his engineer.
The Board explained to Mr. Ferro how a Conservation subdivision would be beneficial to him if he wanted to look into that more.
Attorney Christina explained that Mr. Ferro could read up on 125-23.
The Board had no further questions for Mr. Ferro.
PB 2018-11 SPA New Application
Site Plan Approval 140-29 (B) (2) Type B action
Town of Rochester (owner) Sprint/Ben Pelletier (applicant)
Proposes the installation of six (6) additional antennas and associated 10 x 12 equipment pad on existing fenced wireless facility. No change is to be made to tower height. Type B action by code: “replacement, alteration or modification of existing transmission equipment or a telecommunications structure or the colocation of transmission equipment on an existing wireless telecommunications facility which constitutes an ‘eligible facilities request’ action as defined by the FCC”.
100 Airport Road, Accord, NY, SBL 69.3-2-37, ±30 acres. R-5 zoning
SEQRA: TBD
Dory Gelbert was there on behalf of the application.
Ms. Gelbert stated that they were making no changes to the existing structure except adding the 6 antennas and equipment pad.
The Board discussed how the tower was built and the processes that accompanied building the cell tower.
Chairperson Lindstrom motioned to type the application as an Unlisted on SEQRA. Mr. Williams seconded the motion.
Roll Call Vote:
Chairman Lindstrom – Yes Mr. Grace – Yes
Mr. Jones – Yes Mr. Zurofsky – Yes
Mr. Williams – Yes
All in favor. Motion carried.
5 ayes, 0 nays, 2 absent, 0 abstentions
Mr. Williams made the motion to set the application for Public Hearing in December. Mr. Grace seconded the motion.
All in favor. Motion carried.
5 ayes, 0 nays, 2 absent, 0 abstentions.
Chairperson Lindstrom motioned to send the application for referral to the Ulster County Planning Board. Mr. Williams seconded the motion.
All in favor. Motion carried.
5 ayes, 0 nays, 2 absent, 0 abstentions.
2017-04 SUP Review of Conditional Approval
Special Use Permit – Large-Scale Solar System
Town of Rochester (Owner) and PV Engineers PC aka Borrego Solar (applicant)
Review of fulfillment of conditions for Site Plan and Special Use Conditional Approval of Large Scale Solar Production Facility on a ±30-acre parcel Off Airport Rd., SBL 69.3-2-41.1, R-5 zoning district, Adjacent to Ulster County Ag District #3
SEQRA: Type I Action, Neg. Declaration, July 6th, 2017
Mr. Jones recused himself at 8:30pm.
Mr. Brandon Smith was there on behalf of the application.
Chairperson Lindstrom stated that the applicant had met all the conditions #1-17. She then stated the only conditions that had not been met at the time of the meeting were #18-28, and asked if the Board wanted her to go through all of them.
Mr. Zurofsky stated the one condition they had been most concerned about was #18, which was in regards to the water with the retention pond.
Chairperson Lindstrom asked Mr. Smith if they moved the retention pond along the driveway.
Mr. Smith stated yes.
Chairperson Lindstrom stated that the water will still move toward the residences but that is where the Applicant planned to build a vegetated swale.
Chairperson Lindstrom asked if a Lot Line needed to be relocated in the Paddock’s property because the road goes through it according to the plans, did the Board need to do a Lot Line Improvement before they can move forward on this application?
Mr. Mike Baden, Town Supervisor, spoke on behalf as the owner of the parcel and stated the Paddock’s planned on coming back to do the Lot Line adjustment but at the present time it was an easement over both properties. He stated the Paddock’s would come and do their own application for a Lot Line Adjustment. He also explained the Paddock’s would need to secure a variance because of the set back.
The Board discussed with Mr. Smith various items on the new site plan.
After the discussion, Chairperson Lindstrom stated that #19 of the Conditional Approval needed to be changed on the maps before the Board could approve the site plans.
Mr. Smith stated since it was taking longer to clear the trees and that they needed to also put up the silt traps, would it be possible to make the change as soon as possible so they could apply the building permit and not have to come back to the December meeting.
Chairperson Lindstrom stated that yes and that the Board could authorize her to sign the Conditional approval.
Chairperson Lindstrom reviewed the rest of the conditions with the Board.
Chairperson Lindstrom stated that there was a new decommissioning plan. She explained that the new plan was on a 10 ft. grid with native species and deer protection around the bare root. She asked Mr. Smith if the applicant could list what types of native trees they would use in the mix when they completed the reforesting.
Mr. Smith stated yes, he could provide the board with the list of the native trees they planned to use.
Chairperson Lindstrom asked if the Board should add to the decommissioning plan that the applicant would have one year to come back and make it requirement that they have a year to replace all the dead trees.
Mr. Zurofsky suggested maybe the board could add in the decommissioning plan that in one year if there is an 80% re-establishment rate, than that would be fine, if it was less than 80% then it would need to be brought to 100%.
Mr. Smith stated that they could add a note to the decommissioning plan and asked if the Board was going to incorporate some kind of cost of the warranty as well as the decommissioning plan?
Attorney Christina explained that the bond continued until 1-year after and that the Board would have to add that the bond would continue until 1-year after the decommissioning plan is complete.
Mr. Williams motioned to allow Chairperson Lindstrom to sign the updated and revised plans after the correction of condition #19 was completed; the decommissioning plan had been amended to show the growth period of 1-year and the replacement if it is under 80% viable, and that the decommissioning bond had been reviewed to make sure it expires after the plantings. Mr. Zurofsky seconded the motion.
All in favor. Motion carried.
4 ayes, 0 nays, 2 absent, 0 abstentions
Mr. Jones returned at 8:57pm
OTHER MATTERS
Chairperson Lindstrom motioned to re-submit to the Town of Rochester the Board’s solar plan with a cover letter stating that the Board is resubmitting. Mr. Williams seconded the motion.
All in favor. Motion carried.
5 ayes, 0 nays, 2 absent, 0 abstentions
ADJOURNMENT
Chairperson motioned to adjourn the meeting at 8:58pm. Mr. Williams Seconded the motion.
All in favor. Motion carried.
5 ayes, 0 nays, 2 absent, 0 abstentions
Respectfully submitted,
Brianna Tetro, Secretary