PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF October 10th, 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 Zorian Pinsky
Rick Jones, Vice Chair
Patrick Williams
Sam Zurofsky
Brian Buchbinder
Ann Marie Maloney
Also present:
Mary Lou Christiana, Attorney for the Town. Brianna Tetro, Secretary.
ANNOUNCEMENTS and COMMUNICATIONS:
Chair Lindstrom stated the Board needed to decide weather or not to have the October 28th, 2019 Workshop meeting. She explained that it had been discussed between Attorney Christiana, Vice Chair Jones, and herself that the workshop meetings would be entirely dedicated to the Wayward Ranch application, including public hearings, and the regular meetings would be for other items on the agenda. She noted the only thing that should still be kept at regular meetings in regards to Wayward Ranch was when and/or if the Board had a decision it should be done at a regular meeting and not a workshop. The Board agreed that would work for the best going forward.
Chair Lindstrom reminded the Board that the November Regular meeting was on Thursday, November 14th, 2019 due to the Veteran’s Day holiday.
Attorney Christiana noted that she would not be available for the meetings in December.
TRAININGS:
Chair Lindstrom provide the Board with information regarding the following upcoming training opportunities:
November 9th- Natural Resources Inventory- Albany
DEC On-Line- October 24th and November 20th.
Dutchess County Planning Federation- October 30th- Site Lighting
New York Planning Federation- Annual Spring Conference- April 19th- 21st
ACTION ON MINUTES
Mr. Jones made the motion to accept the August 12th and September 9th regular meeting minutes. Mr. Buchbinder seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.
APPLICATION REVIEW:
PB 2019-11LLI Continued Application
Woodstock Farm Animal Sanctuary (Owner and Applicant)
Lot Line Improvement
Applicant proposes a lot line improvement on a +/- 149.3 acre parcel (S/B/L 69.4-2-11.2) by the separation of +/- 15.373 acres into a second parcel to be transferred to 641 Berme Road, Accord, NY. Existing parcel is accessible by Lucas Turnpike, High Falls, NY and located at 2 Rescue Lane, High Falls, NY. The existing parcel contains a lodge and educational center, animal sanctuary, pasture lands, waterway and undeveloped woodlands. Parcel is AR-3 zoned (agricultural residential), adjacent to Ulster County Ag District #3, within 500’ of the Town of Marbletown, is in the ‘FP’ and ‘AP overlay zoning districts and the DOH Aquifier district and contains ACOE Wetlands.
SEQRA: Type II by code
No one was present on behalf of the application.
Chair Lindstrom stated that this application had initially came before the Board as a subdivision however, upon further investigation it was determined to be a lot line improvement.
The Board looked over the maps and discussed the application.
There were no major concerns or questions.
Mr. Williams made the motion to certify the Lot Line Improvement. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.
Decision: PB 2019-14 LLI
Lot Improvement – Certification
*Pursuant to Chapter 125 and Chapter 140 of the Code of the Town of Rochester.
Applicant: Woodstock Farm Animal Sanctuary
Owner: Woodstock Farm Animal Sanctuary & Patricia Ann Horst
Reason for Request:
A lot improvement proposing the transfer of +/- 15.37 acres from S/B/L 69.4-2-11.200 (owner Woodstock Animal Farm Sanctuary) to S/B/L 77.2-3-1.200 (owner Horst). Parcels are located at 2 Rescue Land and 641 Berme Road, High Falls, NY. Parcels are located in the AR-3 and R-2 zoning districts respectively.
Location: 2 Rescue Land and 641 Berme Road, High Falls, NY.
S/B/L: S/B/L L 69.4-2-11.200 and S/B/L 77.2-3-1.200
Zoning District: AR-3 and R-2
Zoning Permit filed: 09/17/2019 SEQR Type: Type II by definition
Planning Board Application #: 2019-14 LLI PB Application filed: 09/18/2019
* * * *
The Planning Board has reviewed the plat and certifies the lot improvement proposed will meet Town of Rochester lot requirements for the AR-3 and R-2 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 meets the requirements of the code is in agreement with the sketch plan provided for review.
The owner shall file the final certified plat bearing the Chairman’s signature simultaneously with the Woodstock Farm Animal Sanctuary to Patricia Ann Horst deed documenting the land transfer in the office of the Ulster County Clerk 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 2019-13 SBD Public Hearing/Continued Application
Michael O’Sullivan (Owner & Applicant)
Minor Subdivision
Applicant proposes the subdivision of a +/- 7.46 acre parcel (S/B/L 68.2-1-64.110) into two lots. Lot one of +/- 3.18 acres and lot 2, a flag lot, of +/- 4.28 acres. Parcel is located at 161 Dug Road, Accord, NY and is in the R-2 zoning district and contains lands partially in the DOH Aquifer. Parcel presently contains woodlands and a single family residence. Lot one will maintain the single family residence, Lot two is to remain undeveloped at this time.
SEQRA: Type II
Mr. Michael O’Sullivan was present on behalf of the application.
Chair Lindstrom made the motion to type the application as an Unlisted/Uncoordinated action for SEQRA. Mr. Jones seconded the motion.
ROLL CALL:
Chair Lindstrom- Yes Mr. Jones- Yes
Mr. Buchbinder- Yes Ms. Maloney- Yes
Mr. Zurofsky- Yes Mr. Williams- Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.
Chair Lindstrom explained what the application was all about and that Mr. O’Sullivan had made the requested changes to the maps from the previous month’s meeting.
The Board went through SEQRA.
Chair Lindstrom made the motion for a Negative declaration determination for SEQRA. Mr. Jones seconded the motion.
ROLL CALL:
Chair Lindstrom- Yes Mr. Jones- Yes
Mr. Buchbinder- Yes Ms. Maloney- Yes
Mr. Zurofsky- Yes Mr. Williams- Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.
Chair Lindstrom opened the public hearing.
No one from the public spoke.
Chair Lindstrom made the motion to close the public hearing. Mr. Buchbinder seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.
There was no discussion or questions from the Board.
Chair Lindstrom read the decision:
Decision: PB 2019-13 SBD
Minor Subdivision Conditional Final Approval
Applicant: Michael O’Sullivan
Reason for Request: Proposes the subdivision of S/B/L 68.2-1-64.110 (+/- 7.46 acres) into 2 lots. Lot one to be +/- 3.18 acres and lot two to be +/- 4.28 acres
Location: 161 Dug Road, Accord, NY
Total Acreage: ±7.46 acres
S/B/L: S/B/L 68.2-1-64.110 Zoning District: R-2 (Low Density Residential)
Parcel is in the DOH defined Aquifer Zone
Code Enforcement Determination: Minor Subdivision
Zoning Permit: 369 of 2019
Planning Board Application: 2019-13 SBD
PB Application filed: 8/29/2019 EAF filed: 8/29/2019
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 369 of 2019 determination of Minor Subdivision received dated 8/29/2019
2. Planning Board Subdivision application 2019-13 SBD received 8/29/2019
3. Short Form EAF Part 1 received 8/29/2019
4. Description Letter of surveyed proposed lots’ mets & bounds received 8/29/2019
5. Land Survey of proposed subdivision by Medenbach and Eggers received 8/29/2019 revised received 10/10/2019
6. Ulster County Parcel Viewer Aerial View from PB Secretary 10/10/2019
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: 10/10/2019
Place: Town of Rochester Community Center, Accord, NY
Public Comment: (see Minutes of Town of Rochester Planning Board, October 10th, 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 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 68.2-1-64.110 (+/- 7.46 acres) into 2 parcels of +/- 3.18 acres (lot 1) and +/- 4.28 acres (lot 2), respectively.
4. The existing plat is filed with the Ulster County Clerk.
5. The current use of the parcel is residential and woodlands. 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.
6. Existing site conditions includes a single-family dwelling with water and septic and accessory structures which are to remain within lot one of the two lots. Lot two is to remain vacant land, at this time. There are no physical restrictions on the site nor listed on parcel deed.
7. The application was determined to meet the requirements of an Unlisted SEQRA action.
• A Negative Declaration was determined upon review.
8. A Public Hearing was held.
9. 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 Dug Road.
10. 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. Lot 1 has existing water and septic. The Planning Board requested engineer certification or UC Health Department approval that the new lot (lot 2) can support water and septic. 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 October 10, 2019 by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion to adopt findings by : Mr. Buchbinder
Second by: Ms. Maloney
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision- Conditional Final Approval to permitting the subdivision of lands situated at: 161 Dug Road, Accord, NY
The subdivision plan dated September 11nd, 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 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.”
b. “Lot 2 shall remain vacant.”
3.All required Local, County, State or Federal permits shall be secured for the current and future use of these lands.
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 October 10th, 2019, by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion made by : Mr. Williams
Second by: Mr. Jones
PB 2019-12 SBD New 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: TBD
Mr. Barry Medenbach was present on behalf of the application.
Mr. Medenbach explained what the application was all about.
Chair Lindstrom made the motion to the type the application as an Unlisted/ Uncoordinated action for SEQRA. Mr. Buchbinder seconded the motion.
ROLL CALL:
Chair Lindstrom- Yes Mr. Jones- Yes
Mr. Buchbinder- Yes Ms. Maloney- Yes
Mr. Zurofsky- Yes Mr. Williams- Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.
Ms. Maloney made the motion to set the application for public hearing at the November 14th, 2019 regular meeting. Mr. Buchbinder seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.
The Board discussed how close the subdivision was to a County Route 6.
Mr. Williams made the motion to refer the application to the Ulster County Planning Board. Ms. Maloney seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.
The Board went through SEQRA.
Chair Lindstrom made the motion for a Negative declaration determination for SEQRA. Mr. Buchbinder seconded the motion.
ROLL CALL:
Chair Lindstrom- Yes Mr. Jones- Yes
Mr. Buchbinder- Yes Ms. Maloney- Yes
Mr. Zurofsky- Yes Mr. Williams- Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.
Mr. Zurofsky stated that the subdivision was not close to County Route 6 and that it was closer to County Route 27 but it was 1/3 of a mile and he thought the Board should reconsider sending it to the Ulster County Planning Board because a 1/3 of a mile was significantly more than 500’.
Chair Lindstrom made the motion to rescind the application referral to the Ulster County Planning Board due to the determination that the distance was far enough away from a County road. Ms. Maloney seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.
There was no further discussion.
PB 2019-01 SUP/SPA Continued Public Hearing/Continued Application
Wayward Ranch Animal Sanctuary, LLC (Applicant)
CWC Loosestrife, LLC (Owner)
Applicant proposes the establishment of a farm animal sanctuary and construction of a 90’x 60’ dog & cat kennel, on the +/- 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 Jones would chair the application for the remaindedr of the review. Chair Lindstrom recused herself at 7:50pm from the application at this meeting.
Ms. Eleni Calomiris was present on behalf of the application.
Chair Jones explained that he had received a letter from Ms. Calomiris’ attorney where it had stated they did not have anything new to present to the Board at that time and therefore the public hearing would be the focus at the current meeting.
Chair Jones opened the public hearing.
Mr. Mark Goldberg read a letter he had provided to the Board on October 9th, 2019:
Chair Jones noted that the Board did receive the letters from Mr. Goldberg and two others who had submitted items a couple days before the meeting and they were always filed by date received.
Mrs. Donna O’Connell stated she lived in the vicinity of Loosestrife Lane and she just wanted to thank the Board for all the time they had spent on the application and that she had been in attendance at every meeting since May, every Workshop, every meeting and keeping track. She stated it was a lot and it was a lot to process and to consider and she appreciated all the time the Board was putting into the application review. She said there was about a dozen people in attendance that evening that were still concerned and a lot of people were concerned about the noise 15-20 dogs would produce in the proposed kennel. She stated no matter what any expert said, common sense would tell you when one dog barks all of them will bark and the noise would be a nuisance. She thanked the Board again and hoped they would take all the neighbors into consideration.
Ms. Jill Cole spoke about her concerns about the dangerous dogs at Wayward Ranch, that she had spoke about at the previous month’s meeting. She wanted to know what kind of measures were going to be taken as a result to the comments she made about the dogs and the safety concerns she had. She stated she had not previously spoken about noise but she did want to mention it because she was such a close neighbor and she recognized that the noise consultant for the applicant had done a test in a similar situation but she thought that a similar situation did not exist because of the nature of the land itself. She said she was one of those neighbors that could hear people speaking at a normal voice and car doors close and that was totally normal and fine and that was life with people living around you and she got that, but there was something about the valley where the noise came up and she didn’t know if the noise got quieter, it didn’t get louder, but it did come up abruptly and she had a next door neighbor, who had moved, but he had a dog that would bark at its own echo, so she imagined the dogs barking, like her neighbors, multiplied by 15 or 20 it would be hard and it would change things. She said she was asking the Board to reject the kennel and put it on 209, separate from the farm sanctuary even, and find some other location for the kennel, but at the very least she just hoped that since the noise consultant wasn’t taking the lay of the land into consideration, the final recommendation wasn’t going to make her feel good, and she hoped that even the recommendation from the noise consultant was positive, that the Planning Board would require super state of the art noise containment in the building of the kennel.
Chair Jones commented on other projects where noise had been a concern, noise mitigation had been required, but each situation was different, and the Board had to wait for the final study and if there was concern in the study that there would be mitigation for that. He added, one of Ms. Cole’s concerns at the last meeting was roving dogs, and he reminded her that the Town did have a dog control officer.
Ms. Cole said she was aware that there was a dog control officer, but it was hardly comfort to her as mother of small children, playing the backyard. She said there was a cattle fence between the two yards, not a “real” fence and there were two neighbors who had stopped at her house because there was a pack of dogs running through the fields, that she knew they could call the dog control officer but the obvious concern was it would be too late.
Mr. John Mashamesh said he wanted to know if 3 or 4 dogs were to escape from the kennel what were they suppose to do?
Chair Jones told him that the Board was not there to answer questions, they were there to listen to the public’s concerns, and if he wanted to tell them his concerns then the Board would hear them.
Mr. Mashamesh went on to explained that he use to raise calves and he had a pit bull wrapped around one of the calves’ necks, the dog belonged to his neighbor, the dog had attacked the calve 3 times and on the 3rd time it grabbed onto the neck. He said he called the Trooper’s up and what the Trooper’s told him was next time that happened to call them, and he said he looked at the trooper and said “Call them? Next time the dog was on my property I am going to shoot it.” and he said the trooper said “No you’re not.” and Mr. Mashamesh said he told them “Yes, I am. I have 2 grand kids, what I am suppose to do? Call you if the dog has my grand kid on the floor? So what’s going to happen?” he said the trooper walked away and didn’t say anything else. He said the trooper went and spoke with his neighbor and the dog was put on a chain the rest of its life, so he was asking the Board, what was going to happen if he saw three dogs on his property again?
Mr. Mashamesh then went on to address Ms. Calomiris directly. Chair Jones told Mr. Mashamesh he was out of order and not speak to the applicant and he asked that Mr. Mashamesh lower his voice.
Mr. Mashamesh stated he didn’t have any further comments.
Mr. David Glassman stated he lived at 6 Loosestrife Ln and he wanted to call to the attention of the Board the letter that was received by his attorney George Duke from the CEO dated August 9th, 2019 that should have been part of the record and that basically said 2 structures had been built on the property on Loosestrife Ln without a permit, and they were already in violation and he was not so sure the Board should be considering their present application.
Chair Jones noted that any existing violation was something that should be taken up with the CEO, the Board was not there to look at existing violations.
Attorney Christiana stated if Mr. Glassman wanted to submit the letter for the record he could.
The Board reminded Chair Jones it was already part of the record.
Mr. Michael OConnell asked if the public hearing was going to continue til there was more data made available.
Chair Jones said they would a make a motion to continue the public hearing when the public comments were completed that meeting.
Mr. OConnell stated he would speak at the next meeting.
Attorney Christiana stated she would suggest continuing the public hearing, without a date, so they could make sure they received all the information.
Ms. Calomiris stated as far as she knew, they had the information at the present time, it just needed to be submitted to the Board and they should be all set for the workshop meeting.
Attorney Christiana stated it would be a good idea to look at any new submitted material at the workshop meeting and then at the workshop meeting, schedule the next public hearing because the Board would not have enough time to review it efficiently otherwise, and the November workshop meeting would be the best time to have the next public hearing, so the public could hear everything at the October workshop meeting and have a chance to provide reasoned comments.
Mr. Zurofsky said he was uncomfortable with not putting a date on the continuation of the public hearing and he wanted to know if there was noticed sent every time there was public comments.
Attorney Christiana said they noticed it once but if the Board did it without a date then they would have to notice it again.
The Board discussed keeping the public hearing opened.
Chair Jones noted at the workshop meetings there would be no public comments but at those meetings they would decide when they would have the next public hearing.
Attorney Christiana stated it was up to the Board when they would have the next public hearing.
Mr. Buchbinder made the motion to have the public hearing at the November 14th, 2019 Regular meeting. Ms. Maloney seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 1 absent, 1 recused, 0 abstentions.
Mr. Robert Kilpert asked when would the public hearing be closed, in which the public could no longer comment.
Attorney Christiana said when the Board felt they had enough information from the applicant and the public, then they would close the public hearing.
Chair Jones allowed Mr. Kilpert the oppurtunity to the address the Board, although the Board had already decided to keep the public hearing open until the November 14th, 2019 meeting.
Mr. Robert Kilpert read a document from the year 2000, which described the responsibilities of the Planning Board, during that time. He poised three items he wanted the Board considered, 1) What is the intended use of the proposed project 2) What is the existing use 3) Consider the Town’s Comprehensive Plan. Mr. Kilpert was allowed to speak for 11 minutes.
No one else from the Public spoke.
The Board took a 5 minute break.
Chair Lindstrom returned to the meeting at 8:40pm.
PB 2019-07 SUP/SPA Continued Public Hearing/Continued Application
Colony House NY, LLC d.b.a Stonehill’s Farmhouse
Applicant proposes conversion of existing structures into bed and breakfast style inn/lodging, and use of the existing barn and grounds for commercial special events. Vacant land is proposed to be converted into farming and additional paring. Parcel is +/- 19.75 acres (S/B/L 68.4-4-22.116) located at 77 Mill Hook Road, Accord, NY. The parcel presently has two existing single family residences, 4 vacant bungalows, and a 2,500 sq. ft. detached barn and accessory structures. The parcel further contains woodlands/vacant land and lawn/landscaped area. Parcel is AR-3 zoned (agricultural residential).
SEQRA: Type II
Ms. Lorraine Nicholson and Ms. Alicia Gauither were present on behalf of the application.
Chair Lindstrom reminded the Board and the Public what the application was all about.
The Board looked at and discussed the site plan and made the sure the items requested at the previous meetings were added. The requested plan additions were to add a fence for pedestrians to ensure they crossed the road to the over flow parking, safely and a lighting plan.
Ms. Nicholson explained the lighting added to the overflow parking area were motion sensor and the whole area would be illuminated when there were people in the parking lot.
The Board reviewed the pedestrian signs.
Chair Lindstrom asked about having a parking attendant when there were special events to assist and manage pedestrians coming and going from events.
Ms. Nicholson said they planned on using attendants in those cases.
The Board discussed public concerns over buses being used to shuttle patrons of the special events.
Ms. Nicholson explained that when they spoke about shuttles, they were referring to things such as a van.
Chair Lindstrom clarified it meant vans, limos, cars, small bus, not charter size or school buses.
Chair Lindstrom explained that North Country Ecological services had provided a statement about the impacts the project may have on the wetlands nearby to the property. She stated they had found no areas of concerns. She also noted that where they were going to be building was not even near the wetlands and also since it was an Army Corp of Engineers Wetlands there was no required buffer.
The Board discussed the recommended modifications that the County Planning Board had provided for the application and the Board’s responses.
Chair Lindstrom opened the public hearing.
Supervisor Mike Baden stated he had new information for the Board, regarding the comments he head heard about the roadway. He stated he went and spoke to the Highway Superintendent and that road was marked as an 8 ton road and the reason being that the bridge that was located on Mill Hook Rd. Was currently reduced to an 8 ton bridge and that bridge was on the budget to potentially being replaced next year but, that depended on a lot of situations. He said for the short term they had to assume that bridge was going to remain an 8 ton bridge or 16,000 lbs. And that the Board would be very specific if the applicant intended on bringing in people for special events that they would be limited to coach vans and those kinds of things and not buses and currently the school buses were not crossing that bridge and they came in from either ends of the road and the Town Highway trucks did not cross the bridge either and there was talk about oil delivery trucks but that was anyone’s guess if they were exceeding it or not. Supervisor Baden said he spoke to the Highway Deputy Superintendent that day and they took a ride over to the road and the Highway department was considering, partially based on the comments raised and partially based on the existing condition of the bridge, on making that a limited weight road entirely, for the short term duration and maybe even longer and would be marked as such. He said he wanted to bring that to the Board’s attention, as it could happen, and they needed to apply that to the condition. He mentioned the bridge on Mettacahonts was County maintained and was 15 tons and he thanked the neighbors who had brought the issue to his attention and the Highway Department was going to look into how best to address the situation.
Ms. Joann DeCours asked if she could approach the Board. She provided the Board with various documents including a map of the road, a letter that was signed by all the neighbors which she wanted to read to the Board. She said if the Board looked at the map she provided to them they could see that Mill Hook Rd was the definition of “surround sound” as they had the Rondout Valley Camp Grounds in walking distance, Four Green Fields in walking distance, Arrowood in walking distance, the Jewish Camp in walking distance, and then there would be this event space in walking distance, there was also the Accord Speedway, and the golf course which was being renovated to be a hotel and an event space. She read the letter to the Board:
There were no further public comments.
Mr. Jones made the motion to close the public hearing. Mr. Buchbinder seconded the motion.
All in Favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.
Chair Lindstrom read the decision:
Decision 2019-07 SUP
Special Use and Site Plan Approval Conditional Approval
Applicant: Lorraine Nicholson (Owner)
Colony House NY, LLC d.b.a Stonehill’s Farmhouse
Reason for Request: Applicant proposes conversion of existing structures into a Resort (bed and breakfast style inn/lodging), and use of the existing barn and grounds for commercial special events. Vacant land is proposed to be partially converted into farming and additional parking. Parcel is +/- 19.75 acres (S/B/L 68.4-4-22.116) located at 77/79 Mill Hook Road, Accord, NY. The parcel presently has two existing single family residences, 4 vacant bungalows, and a 2,500 sq. ft. detached barn and accessory structures. The parcel further contains woodlands/vacant land and lawn/landscaped area. Parcel is AR-3 zoned (agricultural residential). ‘FD’ Overlay district and ACOE wetlands on parcel.
Location: 77/79 Mill Hook Road, Accord, NY
S/B/L: S/B/L 68.4-4-22.116
Total Acreage: ± 19.75 acre parcel
Zoning District: AR-3 zoning, ‘FD’ Overlay ACOE Wetlands
Code Enforcement Determination: Special Use and Site Plan Approval:
Zoning Permit: 234 of 2019, dated 6/25/2019
Planning Board Application: 2019-07 SUP/SPA
PB Application filed: 6/28/2019
EAF filed: 6/21/2019, amended 7/3/2019 & 9/9/2019
SEQR Type: Unlisted/Uncoordinated Negative Declaration 9/9/2019
Other Referrals: Ulster County Planning Board, Town of Rochester Highway Department, Town of Rochester Fire Department
Documents considered by the Planning Board for review for amended application:
1. Zoning Permits 234 of 2019 determination of Special Use, Resort, received 6/25/2019 and 240 of 2019 Minor Subdivision, received 7/3/2019
2. Planning Board Special Use application, 2019-07-SUP received 6/21/2019
3. Short Form EAF Part 1, received 6/21/2019, amended 7/3/2019 & 9/9/2019
4. Planning Board Subdivision Application, received 7/3/2019
5. Subdivision Survey Sketch Map, received 7/3/2019, Subdivision Map received 8/27/2019.
6. Zoning Compliance Table from Brinnier & Larios, received 7/15/2019
7. Site Plan, prepared by Brinnier & Larios received 8/27/2019, revised and received 10/10/2019
8. Aerial view of site received 3/23/2018
9. Narrative of project received 6/21/2019, amended & received 7/8/2019
10. Tax Certificate received June 21st, 2019
11. Lighting & Lighting Tear Sheets, Parking, Traffic and Landscaping details, received 6/21/2019
12. Letter from applicant specifying event size, received 8/12/2019
13. Sound Study, received 6/21/2019 & 8/12/2019
14. Letter from TOR Highway Department, received 9/3/2019
15. NYS DEC SPDES application received 6/21/2019
16. Letter of Authorization from Lorraine Nicholson to Alicia Gauthier received 6/24/2019
17. Email clarifying project between TOR PB Secretary, applicant and COE office, received 7/2/2019
18. UCPB review memo, dated 9/9/2019
19. TOR Highway Department Driveway Permit, received 10/8/2019
20. Pedestrian Crossing Details Memo from applicant10/8/2019
21. Wetlands Study by North County Ecological Services received 10/8/2019
Notice of Public Hearing:
4. Published in the Shawngunk Journal August 29th, 2019
5. Notice by mail to known adjacent landowners
6. Posted on the T/ Rochester Clerk bulletin board and town website.
Date of Public Hearing: September 9th 2019 & October 10th, 2019
Place: Accord Fire House, Accord, NY and Accord Community Center, Accord, NY
Public Comment: (see Minutes of Town of Rochester Planning Board 9/9/2019 & 10/10/2019)
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Findings of the Planning Board with review of the updated application:
1. The Planning Board received a zoning referral for a Resort and Commercial Events Facility (CEF) Special Use and Site Plan approval from the Code Enforcement Officer, as defined in the T/ Rochester zoning code: Resort — “A parcel of land or commercial establishment providing lodging, recreation, meals, and entertainment primarily to vacationers but which may also offer the same services to non-registered guests. A primary place of residence, medical or other rehabilitative facility or a single-room occupancy residential project shall not be considered a resort. Commercial Special Events Facility — The business use of a parcel for conferences, banquets, festivals, weddings, or other similar celebratory or educational activities conducted ancillary to another approved allowed use” Both uses are subject to the standards of §140-35.
2. A subsequent subdivision request was submitted and referred. A lot line improvement combining various contiguous lots was granted May 14th, 2018 by the Town of Rochester Planning Board with a related re-zoning approval from mixed R-2 and AR-3 zoning districts to solely an AR-3 zoning district by the Rochester Town Board. The applicant proposes a minor “re” subdivision of the parcel into two parcels meeting the AR-3 zoning district bulk standards so as to fulfill underlying mortgage covenants. The applicant proposed to remove the subdivision and to recombine the plots (LLI) upon payment of the mortgage(s). The minor subdivision was approved by the board at the September 9th Regular Planning Board meeting as PB SBD 2019-10
3. The parcel’s existing use is a partially abandoned (presently being renovated) property once used as a summer resort. Existing improvements to the parcel comprise of seasonal bungalows, two houses, a barn, various accessory structures and a disused tennis court area and pool. Contiguous parcels are used for farming, as a summer camp, are residential or currently undeveloped woodlands. Contiguous parcels are zoned AR-3 and R-1.
4. The Planning Board further received a Site Plan and Special Use application, EAF, and related documentation from the applicant, cited above.
5. The parcel to be developed is known as S/B/L 68.4-4-22.116.
6. The parcel has road frontage onto Mill Hook Road, a Town of Rochester maintained highway. The Highway Superintendent was contacted and responded by letter that a driveway permit must be obtained from the TOR Highway Department, for the CEF overflow parking and that the Highway Department shall be notified prior to the installation of any new roadway signage. This shall be a condition of approval.
7. The parcel is located in the ‘AR-3′ and ‘FD’ Overlay’ zoning district and the use complies with the standards of such districts and no further review is required.
8. ACOE Wetlands are partially found on the eastern border of the parcel. ACOE wetlands do not require a set back from development. The applicant further conducted a wetlands study to determine if there were DEC fresh water wetlands on the parcel which would require a minimum 100 foot setback to any land disturbance. No DEC defined fresh water wetlands were found in the study. There are to be no impervious surfaces or structures built within 100 feet of the delineated ACOE wetlands. The proposed septic system is to be greater than 100 feet from the ACOE wetlands. The temporary special events parking shall be closer than 100 feet from the ACOE wetlands, but shall be constructed of pervious materials and shall comply with the standards of §140-17, Parking Loading Access and Traffic Standards. This shall be a condition of approval.
9. The parcel is located in Ulster County Ag District #3. An Agricultural Data Statement was prepared and presented.
10. The applicant has spent the last two years renovating the aforementioned site and structures (with no additional structures being constructed/added or proposed) to establish an Inn/Bed & Breakfast/Tavern emphasizing agro-tourism. The main house is proposed to be converted into a 4 bedroom 4.5 bath “Farmhouse Inn”. The second farmhouse and remaining summer bungalows are to be renovated and are proposed as additional rental/lodging. The applicant further proposes the establishment of farming operations growing fruits and vegetables and raising bees and poultry/small livestock. The applicant proposes sales of produce from the farming operations and informal classes germane to the farming operations in the form of “market events” to be held in the barn.
11. The Board determined the action to be a SEQRA Unlisted/Uncoordinated Action for the Subdivision. The Board determined the SUP/SPA action to be a SEQRA Type II action and no further action was needed.
12. The applicant proposes, in the narrative (and narrative updates) an expansion of the use of the parcel (barn and barn area) for commercial facility special events for family reunions, corporate retreats, chef hosted dinners, etc. Commercial Special Events shall be subject to the standards of §140-35 and compliant with all articles of § 140-20 General Commercial and Industrial Standards as a condition of approval.
a. The applicants propose using an existing barn and connected lawn/field area for commercial special events and Inn activities. Events will take place solely in the Barn. This shall be a condition of approval.
b. Commercial Special Events: The applicant requested a maximum event size of 150 persons. According to the applicant, most proposed special events are to be under the 150 guest range and booking of the entire facility (inclusive of the Inn/Tavern) is required by the applicant for commercial special events. This shall be a condition of approval.
c. Parking: The parcel has 17 existing parking spaces, inclusive of ADA parking spaces, provided for Inn/lodging operations. An additional 32 compacted grass/crushed gravel diagonal space parking area across Mill Hook Road will be provided for commercial special events with access from Mill Hook Road. The additional parking was designed with TOR Highway Department consultation. A parking attendant was suggested to be retained for the Mill Hook Road special events parking to expedite traffic flow, insure correct traffic patterns and insure pedestrian safety. This shall be a condition of approval. All gravel/dirt driveways are to remain free of vehicles except those arriving and departing Existing Inn/lodging and proposed CEF parking shall meet the standards of TOR municipal code §140-17. This shall be a condition of approval
d. Lighting: A lighting plan and lighting tear sheets were provided by the applicant. Walkway, driveway and parking lighting is shown additional to entrance and structurally mounted fully-shielded lighting. Proposed lighting is dark sky compliant and will have to comply with all TOR Zoning Code lighting regulations. Temporary lighting for the commercial special events parking (when in use) and for pedestrian passage from this parking along Mill Hook Road to the facilities was not shown on the original site plan and was added to the amended site plan. Proposed special events parking areas lighting is to be motion controlled. A photometric study/field lighting analysis was provided by the applicant’s engineer for the site plan showing that property line foot candle illumination is less than 1.0 except for entrances and thus meets TOR §140-20 (H) Lighting requirements.
e. Signs: The Main Site sign is proposed to be a professionally made wood sign located at the main Inn entrance 6’ 5” in height and 6’ from the roadway. Interior wayfaring and restricted area signage shall be provided for the Inn/Lodging and all special events. The Board discussed the need for additional temporary signage for commercial special events, specifically to alert/slow approaching traffic and to direct pedestrians to a unique location for crossing Mill Hook Road. The applicant and their engineer proposed temporary additional safety signage to be put in place for the duration of commercial special events. Signage proposed: (1) 2 reflective standard “warning pedestrian crossing ahead” signs to be placed 50 feet from designated pedestrian crossing, and (2) a portable crosswalk sign to be placed at pedestrian crosswalk. Signage examples were provided by the applicant. The Board determined that this would be sufficient with the addition of a parking attendant for traffic and pedestrian management and safety. This shall be a condition of approval.
f. Sound/Noise: The Town has no noise ordinance, however §140-20F General Commercial and Industrial Standards of the Town of Rochester zoning code addresses sound standards for any newly proposed use of a parcel. Amplified acoustical music is proposed for commercial special events in the Barn. The applicant provided sound studies: one using the existing lot lines and one using the proposed (and subsequently approved) subdivision lot lines. The applicant tested base case ambient sound levels at all axis of the periphery of the parcel on a summer evening when music would occur. Ambient noise level ranged from 39 dBA to 60 dBA at the parcel periphery depending on the peripheral axis tested. These readings were compared to the sound test with amplified acoustical music (95 dBA at the source) in the existing barn the same evening. Amplified readings ranged from 30 dBA to 60 dBA. The greatest increase in sound at the periphery of the parcel when amplified music was being played, being an increase of 7 dBA at one axis. This reading is under the TOR noise threshold standard of §140-20. The Board noted that the sound analysis was conducted with the barn un-renovated (presently without windows or doors) and un-insulated. The applicant plans to renovate and insulate the Barn. The Board determined that the low to nonexistent increase in noise at the periphery of the property would be reduced further with the completed renovation of the barn, and that sound would be compliant with TOR§140-20.
g. Landscaping: Landscaping emphasizes the use of native plantings and a narrative of materials to be used and location was provided with the site plan. The Board determined that the landscaping plan complied with town municipal code §140-15. The Board suggested, and the applicant added to the site plan, wood fencing along the Mill Hook Road special events temporary parking area to insure that pedestrians used the demarked pedestrian crossing area. Existing woodlands and existing open spaces are largely to be conserved with landscaping reserved for the existing structures.
h. Water/Wastewater and Well: existing septic has been reviewed by UCDOH and is sufficient to support the main 4 bed/4.5 bath Inn/Tavern and one summer cottage. Initially, for commercial special events, port-a-potties will be used with a minimum of one facility per 80 guests. Initially, all special events foods/cooking will be by brought in and prepared licensed outside catering or food trucks. Depending on the size of the event, a catering tent to aid with food & beverage service may be brought in and placed near the barn.
At full build out the facility will have UCDOH compliant restrooms and its own self-contained discharge elimination facility and potable water system. The proposed septic system location is called out on the site plan and is being designed by Brinnier and Larios Engineers. NYS SPDES permitting and UCDOH permitting for the aforementioned systems shall be conditions of approval.
A tributary of the Rochester Creek is found along the northern property boundary of the parcel with the potential for listed wetlands (ACOE (but not NY DEC) wetlands are indicated in the form of the stream). North Country Ecological Services conducted an onsite field review and determined that there are no vegetated wetlands within the area proposed for the septic field, furthermore the proposed, flagged septic field is over 100 feet from the flagged boundary of the stream. No impervious surfaces are proposed for the overflow commercial special events parking (packed grass/gravel and native plant landscaping is proposed).
13. The parcel is located in the Accord Fire District. The existing Inn access is compliant with the Town of Rochester Fire code. The TOR Planning Board contacted the Accord Fire Department regarding the expanded use and received no response.
14. Public hearing was held on September 9th, 2019 and October 10th, 2019. All public concerns, observations and support were duly taken into consideration by the Planning Board in drafting its decision.
15. The application was required to be referred to the Ulster County Planning Board which returned the comments addressed in the following section.
Whereas,
Draft findings were prepared by the Chairman and were read, discussed and amended in public meeting by the Planning Board.
Therefore,
The Planning Board adopts these statements as written findings of the Special Use proposal
Adopted October 10, 2018
Ayes: 6 Nays: 0 Absent: 1
Motion to adopt findings by: Mr. Buchbinder
Second by: Ms. Maloney
* * * *
Ulster County Planning Board (UCPB) NYS General Municipal Law §239 Referral
Whereas,
The T/ Rochester Planning Board submitted the application for review to the UCPB pursuant to NYS GML §239.
Whereas,
The UCPB reviewed the proposal 9/04/2019 and returned written comment stating Required Modifications.
1. Health Department
Comment
The applicant is proposing a new septic system to support the Inn and the needs of the commercial facility.
Required Modification
Approval of the new wastewater facilities from the county Health Department and a SPDES permit from the NYS DEC will be required.
Response
The site has an existing, approved, septic system for the farmhouse and proposes to initially utilize portable toilets for larger events until the full wastewater system is built. Before build out is completed, one portable toilet per 80 patrons and appropriate ADA compliant portable toilets will be provided for special events. Upon completion of waste water facilities, securing all Ulster County Health Department approvals for wastewater and food preparation and a NYS DEC SPDES permit shall be a condition of approval.
2. Pedestrian Access
Comment
The applicant is proposing to place all commercial special events parking in a proposed parking lot on the south side of Mill Hook Road. No pedestrian connections back to the facility are indicated on the site plan.
Required Modification
The applicant needs to coordinate with the Town regarding a pedestrian crossing on Mill Hook Road. The UCPB recommends the use of warning lights to notify drivers, particularly for any night time events.
Response
Temporary signage indicating caution and pedestrian crossing shall be placed bi-directionally for oncoming traffic for commercial especial events as allowed per code. The TOR Highway Department inspected the proposed parking lot location and responded as follows: “After inspecting the location of the Stonehill’s Farmhouse on Mill Hook Rd. Town of Rochester Highway Department does not feel that traffic will be impacted. However, The Town of Rochester Highway Department requests the following:
a. A driveway permit be submitted to the Highway Department for the parking area located closest to the bridge.
b. The Highway Department be notified prior to any installations of signs.”
Parking attendant(s)/security personnel, shall be retained and properly positioned to direct traffic and pedestrians for all special events as a condition of approval.
UCPB Required Modifications one accepted and adopted October 10th, 2019 by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion by: Mr. Buchbinder
Second by: Mr. Zurofsky
UCPB Required Modifications two was overruled October 10th, 2019 by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion by: Chair Lindstrom
Second by: Mr. Williams
* * * *
RESOLVED,
Pursuant to the standards of Town of Rochester code §140, Zoning, the Town of Rochester Planning Board has reviewed the application presented and grants Special Use–Conditional Approval to Lorraine Nicholson dba Stonehill’s Farmhouse, permitting the new uses Resort and ‘Commercial Event Facility’ Use, for the lands situate at 77/79 Mill Hook Road, Accord, NY known as S/B/L 68.4-4-22.116, and located in the ‘AR-3’ and ‘FD Overlay’ zoning districts. subject to the conditions expressed below:
The Town of Rochester Planning Board grants Site Plan–Conditional Approval to Lorraine Nicholson dba Stonehill’s Farmhouse, permitting the new uses Resort and ‘Commercial Event Facility’, for the lands situate at 77/79 Mill Hook Road, Accord, NY, known as S/B/L 68.4-4-22.116, and located in the ‘AR-3’ and ‘FD Overlay’ zoning districts, subject to the conditions expressed below.
Conditions of the 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 Site Plan.
2. All Local, County, State, and Federal Laws or Codes shall be complied with for the current or future use of these lands.
3. Any deviation from or amending of the approved and signed Site Plan shall require resubmission to the Planning Board, except as may be permitted as determined by the Code Enforcement Officer.
4. Any and all other agencies’ permits or approvals which are currently required or any which may be determined in the future to be required in conjunction with the construction and/or operation of this use shall be secured or renewed as applicable. Should any conditions imposed by other agency permits cause conditions to be in conflict, the more restrictive condition shall prevail. The facility owner shall specifically secure Ulster County Health Dept. permit(s) for waste water and food service and NYS DEC SPDES permit. Before these permits are secured, conditions #18 and #19 shall remain in place.
5. Should any permit approvals necessitate a change to the approved Site Plan, the matter shall be referred to the Planning Board for consideration.
6. The use shall comply at all times with all provisions of Town of Rochester code §140-35, Commercial Events Facility; and code §140-18, Overlay Districts or their successors.
7. The number of events shall be limited to a maximum of 12 events per calendar year, each day of activities open to patrons counting as a separate event. Should multiple events with different clients occur on the same day, each shall count as an individual event. The facility operator shall be required to notify the Code Enforcement Office of any event scheduled a minimum of 3 business days prior to the event by either e-mail or written letter.
8. The number of special event guests shall be specified for each special event and filed with the code enforcement officer.
9. Establishment of this Special Use Permit shall not preclude the parcel owners from hosting a private personal party or celebration for which no compensation is received. Further, establishment of this Special Use Permit shall not preclude the parcel owners from holding events that shall occur as a part of Resort Activities that fall under TOR municipal code §140-35 Commercial Special Events (D) “Exemptions”, upon pre-approval by the Code Enforcement Officer with notification of the CEO a minimum of 3 business days prior to the event by either e-mail or written letter.
10. Event occupancy shall be limited to a maximum of 150 people plus related vendors and/or staff. Booking of the entire facility (inclusive of the Inn/Tavern) shall be required for commercial special event bookings.
11. All Special Events shall be limited to the existing barn.
12. Parking, access and traffic shall be in compliance with municipal code §140-17 at all times. Parking shall only be allowed in the spaces designated on the approved and signed Site Plan. Parking shall not be allowed within the public road right-of-way or within the Inn/Tavern access driveway or designated Site Plan traffic aisles at any time. Parking shall not interfere with the movement of emergency vehicles, including but not limited to Fire, Police and Emergency Medical Transport.
13. Special Event overflow parking of 32 spaces with separate access from Mill Hook Road will be constructed as per approved and signed Site Plan, and shall be comprised of gravel, mown compacted grass, or like pervious materials. A minimum of one Parking Attendant/Security Personnel shall be retained for all special events. The parking area shall be maintained in a mowed and cleared safe condition when being utilized for event facility parking. On event days, existing parking spaces (compliant with Town municipal code §140-17) shall be made to meet accessible parking code standards and signage shall be posted indicating such parking restrictions. Accessible parking spaces shall be close to the barn, as detailed on the Site Plan. All driveways shall be maintained to NYS Fire Code regulation and standards. Special Event facility parking shall only be permitted in the special event parking area detailed on the site plan. Guest access shall be by personal vehicle, limousine, or vans only (vehicles carrying under 12 passengers). Large coach style busses or any other vehicles weighing over the maximum posted weight limit for Mill Hook Road shall be banned from use.
14. Event hours shall be limited to between 9:00 am and 11:00 pm. Setup and dismantling hours shall be limited to between 8:00 am and 12:00 midnight.
15. All temporary structures and equipment must be removed within four days after each event and shall remain in place a maximum of seven days altogether, except by Code Enforcement Officer Approval when the next event is scheduled within seven days of the preceding event.
16. Lighting shall be installed as per the specifications indicated on the Site Plan and narrative and shall be compliant with §140-20(H) at all times.
17. Sound:
a. Sound including but not limited to, live music, recorded music, public address systems, or any other sound or noise producing elements shall comply with Town of Rochester zoning code §140-20 (F) at all times, excepting any sound which may be generated by the normal and customary agricultural use of the property.
b. Amplified sound shall be limited to the designated barn special events area. Non-amplified acoustic music shall be permissible both inside and outside the barn, provided compliance with Town of Rochester zoning code §140-20 (F).
18. Portable bathrooms will be rented for special events, with a minimum of one facility per 80 guests until full buildout of the facility occurs and NYS DEC SPDES permit and UCDOH permit(s) have been issued.
19. Sufficient potable water shall be provided for all special events by watering stations, water truck, and/or provided by catering service or food provider.
20. All special events foods will be brought in by a catering company or food provider hired by the special event client. Depending on the size of the event, a catering tent to aid with food & beverage service may be brought in and placed near the barn as per approved and signed final site plan.
21. All refuse shall be deposited and maintained in appropriate containers and removed from the facility upon the completion of each event.
22. All wastewater, graywater, and cooking grease shall be contained in holding containers and removed from the facility upon the completion of each event. There shall be no dumping allowed on the parcel.
23. Interior wayfaring, temporary closure and restricted area signage shall be provided for all special events—for example, but not exclusive, signage direction to portable toilets, and temporary area closures such as indoor lavatories. Facility shall have wayfaring, parking and directional signage combined with physical barriers to post restricted areas.
24. Signage shall comply with §140-20 (F) Signs. Signage shall be installed as per finding #12 (e). The main entrance exterior signage shall be as described in the Site Plan narrative. Pedestrian crossing and traffic management signage, as detailed in the Site Plan narrative, indicating pedestrian caution and pedestrian crossing shall be placed in (both) directions on Mill Hook Road 50 feet from the designated pedestrian crosswalk. Temporary pedestrian crosswalk signage shall indicate the pedestrian crosswalk for commercial special events as allowed per code. Commercial Special Events temporary signage shall be placed before all special events and remain in place until final event dismantling concludes at or before 12:00 AM. Should changes be sought at a future time, the code standards at the time of application shall be applicable.
25. No construction shall occur within the ACOE defined wetlands (the tributary of Rochester Creek) without prior approval from the ACOE. Septic shall be installed as per Site Plan.
26. Final Site Plan shall be amended to include “right to Farm, “DEC Stream” and “FD Overlay” plan notes. Final site plan lighting schedule shall be amended to include the location of lighting for the temporary special events parking.
The Town of Rochester Planning Board further grants the authority to the Chairman to certify conditions 1, 4 and 26 have been completed without further resolution and to sign and date the plat at such time.
EFFECT of APPROVAL:
1. This Special Use and Site Plan approval and associated conditions shall be binding upon the applicant and all successive owners of the land so long as such use(s) shall occur.
2. This approval shall remain effective as an authorization to secure the required permits and establish the use(s) for a maximum of one year from this date of approval unless the applicant shall have submitted written request and the Planning Board shall have adopted such resolution granting an extension and provided the applicant has submitted proof of having diligently pursued the implementation of the plans.
Draft resolution was prepared by the Chairman and was read, discussed and amended by the Planning Board in public meeting.
Adopted October 10th, 2019, by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion made by: Mr. Buchbinder
Seconded by: Ms. Maloney
ADJOURNMENT:
Mr. Buchbinder made the motion to adjourn the meeting at 10:04pm. Ms. Maloney seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.
Respectfully Submitted,
Brianna Tetro, Secretary
Adopted and Accepted: November 14th, 2019