PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF November 9th, 2020 REGULAR MEETING OF the Town of Rochester PLANNING BOARD, held at 7:00pm at the HAROLD LIPTON COMMUNITY CENTER and VIA ZOOM.
Chairperson Lindstrom asked everyone to stand for the Pledge to the Flag.
The Secretary did roll call attendance.
PRESENT: ABSENT:
Maren Lindstrom, Chairperson
Patrick Williams, Vice Chairperson
Rick Jones
Brian Buchbinder
Sam Zurofsky
Zorian Pinsky
Ann Marie Maloney
Also present:
Brianna Tetro, Secretary. Mary Lou Christiana, Attorney for the Town. Mike Baden, Town Supervisor/ Meeting Host
ANNOUNCEMENTS AND COMMUNICATIONS:
Chair Lindstrom made the motion to keep the November 30th, 2020 Workshop meeting. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.
Chair Lindstrom stated that she wanted to keep the meeting as the Town Board had sent Local Laws regarding short term rentals and the comprehensive plan that she wanted the Board to discuss and contribute comments on. She also noted that the Rich Special Use Permit on the agenda that evening was going to be set for a gateway meeting and that if it was done in time for the Workshop meeting, it would be put on the agenda.
TRAININGS:
Chair Lindstrom commended the Board on getting all their training hours done. She stated that everyone had completed the yearly requirement or were about to complete them.
ACTION ON MINUTES:
Chair Lindstrom made the motion to table the October 8th, 2020 Regular Meeting minutes until the December 14th, 2020 regular meeting. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.
APPLICATION REVIEW:
PB 2020-07 LLI New Application
George Solcberg (Owner & Applicant)
Lot Line Improvement
The applicant proposes a minor lot line adjustment resulting in no net lot size change. Parcels are located at 879 Queens Highway, Accord, NY S/B/L 60.3-3-8 +/- 3.02 acres and S/B/L 60.3-3-7 +/- 1.26 acres and are in the R-5 Zoning District.
SEQRA: Type II by code
Ms. Heather Gabriel from Medenbach and Eggers was present on behalf of the application.
Ms. Gabriel explained why the applicant was seeking the lot line improvement.
Chair Lindstrom explained to the Board that the Town of Rochester Zoning Board of Appeals (ZBA) had previously reviewed the application as there had, at one point, been a need for an area variance. She said that the ZBA had given the applicant’s representative an alternative way in order to obtain a lot line improvement without the need for a variance, which was how they were appearing in front of the Board that evening.
Chair Lindstrom stated that the lot line improvement suggested was still going to make the lots non-comforming and she gave the representative an alternative method to do the lot line that would make the lots conforming and cleaner.
Mr. Buchbinder stated he didn’t agree the lots would be more non-conforming if the application went forward as it was, he didn’t see the problem.
Mr. Zurofsky said he also did not see a problem with how it was currently being presented.
Chair Lindstrom stated it was a missed opportunity to make the property more conforming.
Mr. Zurofsky summarized what he felt the Chair was saying.
Attorney Christiana stated it was only a suggestion by the Chair.
Ms. Gabriel stated she did not think the applicant was going to want to do what the Chair had suggested but she would ask him.
Chair Lindstrom said they would put the application on the November Workshop meet agenda so it could be settled at that point.
There was no further discussion.
PB 2020-08 LLI New Application
Waruch Family/Estate of Abraham Waruch (Owners & Applicants)
Lot Line Improvement
The applicants proposes a minor lot line adjustment conveying +/- 0.6 acres containing a single family residence from the lands of S/B/L 67.-1-40 +/- 104 acres to S/B/L 67.0-1-38.100 +/- 14.1 acres. Parcels are located at 227 Upper Cherrytown Road, Kerhonkson, NY and are in the AR-3 Zoning District
SEQRA: Type II by code
Ms. Heather Gabriel was present on behalf of the application.
Ms. Gabriel explained that the estate planned on selling off 100+ acres of the property but wanted to make sure the family home stayed with the family.
Mr. Zurofsky explained that the letter provided from the Code Enforcement Office along with their determination stated they had accepted Medenbach and Eggers research in regards to the property not being shown properly on Ulster County Parcel Viewer and he agreed with them.
Supervisor Baden asked Ms. Gabriel what was the issue with the parcel viewer.
Ms. Gabriel explained how it wasn’t showing the property accurately.
Supervisor Baden stated he would follow up with Real Properties to get it corrected.
Mr. Williams made the motion to certify the lot line improvement. Mr. Buchbinder seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.
PB 2020-08 SBD New Application
Wild Lands Holding Co, LLC (Owner & Applicant)
Minor Subdivision
The applicant proposes a subdivision of the lands at 64 Rock Hill Road, Accord, NY S/B/L 77.2-4-18.110 +/- 60.68 acres into two parcels. Lot one of +/- 54.044 acres and lot 2 of +/- 6.633 acres. Lot two has an existing single family dwelling, well and septic. Lot one is vacant and the applicant proposes the addition of a single family dwelling with well and septic. Parcel contains Ulster County Habitat Core Lands, farmland of statewide importance, rock outcropping/ledge & steep slopes, is within 500 feet of a registered historic structure (Harnden House) and the Peter’s Kill runs along the western parcel boundary. The parcel is in the R-5 Zoning District.
SEQRA: TBD
Mr. Michael Fink was present on behalf of the application.
Chair Lindstrom asked Mr. Fink if he planned on subdividing further.
Mr. Fink stated he did not know and that he had someone who was interested in buying the property.
Chair Lindstrom asked about the purposed house on Rock Hill Rd.
Mr. Fink stated that was there because it had been required.
Chair Lindstrom noted that Mr. Fink had requested several waivers, including one for not being required to do Topography. She stated she thought it would be a good idea to do the 20 foot topography to show the slope of the property so it would be there for the future if the land were to be reviewed again. She stated there was no need for storm water plan or a soil report as nothing was being disturbed enough to require those items. Chair Lindstrom explained there would need to be a 100ft. Buffer for the wetlands along the creek (Peterkill). She stated the SBL/Deed/Libre/Page of the properties across the street would need to be called out on the map, as well as where the historical property was located.
Attorney Christiana stated a letter with the address of the historical property would be sufficent enough.
Chair Lindstrom added it would also need to be sent to SHPO (State Historical Preservation Office) and the Town’s Historical Preservation Commission.
Mr. Pinsky asked about the septic.
Chair Lindstrom stated they would need certification that it could support well and septic.
Mr. Fink said he had those items and would send them.
The Board had a discussion about the difference between and minor and major subdivision.
Attorney Christiana noted that if Mr. Fink or whoever bought the property would want to subdivide again it would be a major subdivision.
Chair Lindstrom stated that would be a map note that would need to be added to final maps.
There was another discussion on what made a subdivision minor or major.
Chair Lindstrom directed the applicant and Board to section 125-21 of the Code as that was the Subdivision Law.
Mr. Jones asked how the Board would know if the house would comply with 125-21 and 22.
Mr. Zurofsky responded it was out of the Board’s purview and it would be up to the Code Enforcement Officer.
The Board discussed the items Mr. Fink would need moving forward; 20 ft Contours added, Map note indicating if subdivided further it’d be determined to be a major subdivision, the property information for the neighbors across the street, Certification of Well/Septic, and the letter consisting of the name and address of the nearby historical property.
PB-2020-09 SBD Pre-Application
Craig and Allison Williams (Owner & Applicant)
Minor Subdivision
The applicant proposes a two lot subdivision of the lands at 533 Old Kings Highway, Accord, NY S/B/L 77.1-2-24.100 +/- 30.7 acres. Lot one of +/- 8.625 acres and lot 2 of +/- 22.070 acres. Lot one has an existing single family dwelling, well and septic. Lot two will require new well and septic and is proposed to be accessed by a shared driveway with lot one. The shared drive will require an area variance for the access setback from the garage on lot one and a use variance for the construction of an accessory structure in the absence of a primary structure. The parcel is wooded and open lands, flat to gentle slope. The parcel is in the AP Overlay District, adjacent to Ulster County Ag District lands, contains prime farmland and farmland of statewide importance, a pond and limited Ulster County Habitat Core Lands. The parcel is in the AR-3 Zoning District
SEQRA: TBD
Nadine Carney from Peak Engineering was present on behalf of the application.
Mrs. Carney explained what the application was about. She also added that she knew for SEQRA review, several agencies would need to be approached before the Planning Board could declare lead agency. She asked that the Board be the lead agent and handle the process of reaching out to the other agencies for their consent.
Chair Lindstrom explained that this application was also going in front of the ZBA to obtain an area and use variance. She stated the area variance was for the existing garage due to the fact that if the subdivision were to be approved, the garage’s setback would be too small. She stated the Use Variance was for a new garage building currently being built on the other lot as it was an accessory structure without a principle structure.
Mrs. Carney added the next submission they made to the Board would have more details. She stated the applicant had obtained a driveway permit for the purposed driveway and wanted to keep it as it was even though the Board had questioned the way it was set up.
Attorney Christiana stated the Board would need to see a shared driveway agreement that would state the Town would not be responsible in the maintenance of the driveway/right or way.
Mr. Pinsky asked why it was 50 ft.
Attorney Christiana stated it needed to be 50 ft according to the Code.
Chair Lindstrom asked if the Board wanted to list the application as an unlisted/coordinated for SEQRA.
Attorney Christiana stated SEQRA needed to be completed before any variances could be granted and added that the maps needed to be changed from “sketch” to “preliminary” and add natural habitat mapper.
Chair Lindstrom made the motion to declare lead agency for SEQRA. Mr. Jones seconded the motion.
ROLL CALL:
Chair Lindstrom- Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
Mr. Buchbinder- Yes
All In Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.
Attorney Christiana asked the Board if they needed updated maps before the lead agency notices got circulated.
Mrs. Carney stated she could send over the requested updates and items in a couple of days.
The Board went over the items needed going forward: Septic-well approval, Habitat core, and pull-offs for the emergency vehicles.
Mr. Zurofsky asked if the surveyor could pinpoint the approximant location of where the septic was located.
Mrs. Carney answered that she wasn’t sure if he would be able to locate it.
Chair Lindstrom added it would be better if the central location of the existing well and septic could be found.
Chair Lindstrom made the motion for the application to be sent to the Town of Rochester Zoning Board of Appeals, New York State Historic Preservation Office, and the New York State Department of Environmental Conservation for lead agency requests and to the Ulster County Planning Board, Town of Rochester: Environmental Conservation Commission and Highway Department and the Accord Fire District for comments. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.
There was no further discussion.
PB-2020-10 SBD New Application
Jason Gnewikow & Jeffery Madalena (Owner & Applicant)
Minor Subdivision
The applicant proposes a two lot subdivision of the lands at 412 Whitfield Road, Accord, NY S/B/L 69.1-1-2.200 +/- 20.17 acres. Proposed lot one of +/10.58 acres and proposed lot 2 of +/- 9.59 acres. Lot one has an existing single family dwelling, well and septic. Lot two will need new well and septic. The parcel contains a small amount of Ulster County Habitat Core Lands along the interior which are not proposed to be disturbed. The parcel is wooded, may contain wetlands and contains steep slope lands. The parcel abuts the Town of Marbletown and is in the R-2 Zoning District.
SEQRA: TBD
Mr. Jason Gnewikow and Mr. Jeffery Madalena were present on behalf of the application.
Chair Lindstrom explained the application.
Mr. Jones stated he’d like to see the 20 ft topography and habitat core added to the map as had been asked in the previous applications.
Chair Lindstrom agreed with Mr. Jones and stated they also needed to add the SBL, Deed Libre, Page of the neighbors across the street.
Chair Lindstrom noted when it went for Public Hearing it would need to be sent to Marbletown as it was on the boundary. She stated the surveyor would need to show that the house shown on the map was no longer deteriorated and the new driveway to house would have to put on the map as well.
Chair Lindstrom made the motion to set the application as an unlisted/uncoordinated action for SEQRA. Mr. Williams seconded the motion.
Roll Call:
Chair Lindstrom- Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes
Mr. Buchbinder- Yes
All In Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.
The Board discussed the items requested for the next month’s meeting and what would need to go on moving forward.
PB-2020-11 SBD New Application
Jack Schoonmaker (Owner & Applicant)
Major Subdivision
The applicant proposes a three lot subdivision of lands located at Tow Path Road, Garden Lane & Lawrence Road, Accord, NY S/B/L 77.1-3-2.113+/- 296 acres. Lot one of +/- 3.1 acres is proposed to front Lawrence Road. Lot 2 of +/- 3.1 acres is proposed to front Tow Path Road. Lot one and lot two propose the construction of single family dwellings, and will need well and septic. The remaining third parcel will be the remaining lands of +/- 290 acres. The parcel is in the Ulster County Ag District, AP Overlay District, contains prime farmland and farmland of statewide importance, is within 500 feet of two registered historic structures: the Alliger-Davenport House and the proposed remaining parcel contains the Joachim Schoonmaker Farm House. The parcel is currently used for hay and contains gently sloping to flat lands. The parcel is in the AR-3 Zoning District, As the parcel was previously subdivided in 2014 (a 3.16 acres parcel) and received a natural subdivision permit for an additional +/- 3.06 acre parcel in 2019 the application is a re-subdivision of lands which as per 125-12 constitutes a major subdivision.
SEQRA: TBD
*Mr. Williams recused himself from the application at 8:34pm*
Ms. Heather Gabriel was present on behalf of the application.
Chair Lindstrom explained the application. She noted that it was a major subdivision because the parcel had been previously subdivided and it would require going through the code and requesting waivers on the applicant’s part or posting escrow and having the Town Planner, CPL, do the review for the Board. She advised Ms. Gabriel to look at 125-13,14,15, and 21 and either do what was requested in those portions of the Code, or request waivers.
There was no further discussion.
PB 2020-06 amended SBD Amended Application
Olga Byrne (Owner & Applicant)
Minor Subdivision
Applicant proposes a minor subdivision into three lots of the parcel S/B/L 60.3-2-2.510 +/- 23.8 acres located at 2002 Queens Highway, Accord, NY with access by a shared driveway. The current shared driveway is to be abandoned so that it no longer serves the adjacent parcel 60.3-2-51.120 as well as the proposed three lot subdivision. Proposed lots: Lot one of +/-9 acres, lot two of +/- 4.9 acres and lot three of 9.9 acres. Parcel is in the R-2 zoning district. Parcel is flat to sloping woodlands and contains a named stream (Gray Creek), ACOE wetlands, and Ulster County Habitat Core Lands.
Ms. Heather Gabriel and Ms. Olga Byrne were present on behalf of the application.
Chair Lindstrom explained that the application had changed from a 5-lot subdivision to a 3-lot subdivision and went from a major to a minor subdivision.
Mr. Jones clarified that it became a minor subdivision because of the shared driveway that could serve up to 3 lots.
Chair Lindstrom asked if the previously requested third party habitat report had been done and if not she suggested getting CPL to do it.
Mr. Zurofsky stated he would feel more comfortable waiting until the public hearing happened before CPL was potentially brought on.
Chair Lindstrom stated the applicant needed to provide a formal request for a shared driveway.
Ms. Gabriel stated she had not been aware that was needed.
Mr. Zurfosky stated it was in the Code for driveways and for shared driveways.
Chair Lindstrom stated there also would need to be a driveway maintenance agreement exempting the Town from having any responsibly for maintaining the driveway.
Chair Lindstrom made the motion to type the application as an unlisted/uncoordinated action for SEQRA. Mr. Zurofsky seconded the motion.
ROLL CALL:
Chair Lindstrom- Yes Mr. Zurofsky- Yes
Mr. Williams- Yes Mr. Pinsky- Yes
Mr. Jones- Yes Ms. Maloney- Yes
Mr. Buchbinder- Yes
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.
Chair Lindstrom made the motion to send the application to The Town of Rochester Highway Department, Accord Fire District, Town of Rochester Environmental Conservation Commission, and the New York State DEC for comments. Ms. Maloney seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.
Mr. Zurofsky made the motion to set the application for public hearing at the December 14th, 2020 regular meeting. Mr. Buchbinder seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.
Chair Lindstrom noted the map needed to be changed from “Sketch” to “preliminary”.
There was no further discussion.
PB 2020-09 LLI & 2020-12 SBD New Application
Streamside Estates (Owner and Applicant)
Major Subdivision
Applicant is proposing (a) a lot line adjustment to convey +/- 1.6 acres from the existing 46.9 acre lot S/B/L 67.-2-43.141 to an adjoining +/- 17.1 acre lot S/B/L 67.-2-43.151 which contains an approved mobile home park with 16 units presently in the same ownership as S/B/L 67.-2-43.141. Lands to be conveyed hold a well servicing the mobile home park. Applicant is proposing (b) a subdivision of the remaining +/- 46.9 acre lot into two lots, proposed lot one of +/- 9.2 acres and proposed lot 2 of a remaining +/- 36.2 acres. The mobile home park (S/B/L 67.-2-43.151) is accessed by a private road and the rear S/B/L 67.-2-43.141 will retain access through the private road with a ‘retained ROW’ of 50 feet. The proposed lot one of +/- 9.2 acres will further be landlocked and need access by the private road, thus constituting a major subdivision and proposed lot one will be subject to review under 140-10D (3), Private Road Frontage as well as Chapter 125, Subdivisions. Parcels are located at 190 Cherrytown Road, Kerhonkson, NY; are in the AR-3 Zoning District; are adjacent to Ulster County Agricultural District lands; contain farmland of statewide importance, a named stream (the Mombaccus Creek), ACOE wetlands; and S/B/L 67.-2-43.141 is in the FD Overlay District and contains Ulster County Habitat Core lands, primarily over the area of the Mombaccus Creek. Proposed lot one of +/- 9.2 acres is comprised substantially of FEMA Flood plane lands/hydric soils.
Mr. Barry Medenbach and Mr. Michael Baum were present on behalf of the application.
The Board discussed the application as there was some concerns. It was noted that one of the lots looked land locked.
Chair Lindstrom stated the application would need to be sent to the Town Board for Open Development as Lot 1 looked as though it was not possible to build on.
Mr. Medenbach argued he had provided all the information stating otherwise. He stated there was a good 3 acres available for building.
Mr. Jones commented the Board needed to see the following: 1) 20 Ft. Contours 2) Habitat cores 3) 100 ft. Setback buffer for high water mark and 4) He needed to be convinced that the lot was build able because he wasn’t seeing it.
Ms Maloney asked about the driveway as it was going to an existing mobile home park. She questioned if it was commercial.
Mr. Medenbach stated it was a private road, not a commercial driveway.
Chair Lindstrom stated there would need to be waivers for: 125-13, 14, 15, 21, and 22.
Attorney Christiana added they needed to show the width of the pavement of the driveway to ensure there was room for 50 ft. Pull-offs for emergency vehicles.
Mr. Zurofsky stated if the applicant took Lot #1 away, it would then only need a Lot Line Improvement which would be much more simple.
Mr. Baum asked if the Board was amendable to that change.
Chair Lindstrom stated it would be best to come back with a different approach. She said if the application were to stay the same, it would require a number of waivers and going in front of the Town Board where as a Lot Line Improvement was generally quick and easy.
The applicant and representatives stated they would discuss what they wanted to do and come back at a later time.
There was no further discussion.
PB 2020-04 SUP Continuing Application
Henry Rich
Special Use Permit
The applicant proposed the conversion of existing pottery studio into a grocery store. Existing use of Pottery Studio received a Use Variance in 1996, site plan further amended 1997. Current lot area is nonconforming (0.5 acres) in H (Hamlet) zoning district. Parcel is located at 19-23 Main Street, Accord, NY, S/B/L 77.9-1-37.100. Parcel is in FD (Floodplain Development) and AP Overlay Districts and contains small prime farmland.
SEQRA: TBD
Mr. Barry Medenbach and Mr. Henry Rich were present on behalf of the application.
Chair Lindstrom explained that the application was not up for discussion that evening. She stated it was only on the agenda in order to vote on sending the application for a Gateway Meeting.
There was a heated discussion between the Board and Mr. Medenbach about needing the Gateway meeting or not.
Chair Lindstrom explained that the Board had heard the application several times and the applicant did not want to do any of the requested items the Board had given for him to do. She said that they were at an impasse and a Gateway Meeting would be beneficial to both.
Chair Lindstrom made the motion to send the application for a Gateway meeting. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.
OTHER MATTERS:
Chair Lindstrom stated she and Vice Chair of the Zoning Board of Appeals, Mr. Bruce Psaras, had discussed exchanging quarterly reports between the two Boards to keep one another in the loop of the applications they were both hearing. She stated the November 30th, 2020 workshop meeting would be to discuss the two local laws the Town Board had referred to the Planning Board and to provide a response.She also noted the Solcberg application would be on the agenda for that meeting as well. Chair Lindstrom stated that Bohler Engineering, who had been in front of the Board over the summer, had recently submitted a revised site plan of the Dollar General store they were proposing on Lucas Ave. She stated they had requested a Gateway Meeting.
Chair Lindstrom made the motion to send the Bohler Engineering revised site plan for a Gateway Meeting, per the applicant’s request. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.
ADJOURNMENT:
Mr. Buchbinder made the motion to adjourn the meeting at 9:44 pm. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions, 0 absent.
Respectfully Submitted,
Brianna Tetro, Secretary
Accepted and Adopted: December 14th, 2020