PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF October 11th, 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, Chairman Alonzo Grace
Rick Jones
Laurence DeWitt
Patrick Williams
Brian Buchbinder
Sam Zurofsky
Also present:
Shaye Davis, Secretary. Mary Lou Christiana, Attorney for the Town.
ANNOUNCEMENTS AND COMMUNICATIONS
Mr. Williams motioned to cancel the October Workshop meeting. Mr. Zurofsky seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
TRAININGS
• Association of Towns Winter Planning and Zoning Schools 11/10 (Schoharie) & 11/17 (Oswego)
• Duchess County Fall 2018 DCPF Short Courses: 10/16, 10/23, & 10/29
ACTION ON MINUTES
Chairperson Lindstrom motioned to accept the September 10th, 2018 Planning Board Minutes as corrected. Mr. Jones seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
2018-06 LLI New Application
Lot Line Improvement
Pamela Mann and Gerry Leonard
Proposes a lot line adjustment removing a lot line to convert 3 lots: S/B/L 69.4-2-25, S/B/L 69.4-2-28.200 and S/B/L 69.4-2-28.300 to 2 lots: S/B/L 69.4-2-25, S/B/L 69.4-2-28.200
Located at 301 Kyserike Road, High Falls, NY. AR-zoned. Prime Farmland, O& W Rail Trail runs through lot(s).
SEQRA: Type II Action (by code)
Morgan Decker from Medenbach and Eggers was present on behalf of the application.
Ms. Decker explained to the Board what the Lot Line Improvement was about.
The Board looked over the survey map. They concluded that the SBL’s and names of the neighbors across the street needed to be added.
The Board had no further questions or concerns.
Mr. Jones motioned to accept the Lot Line Improvement. Mr. Buchbinder seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
2018-10 SUP/SPA Public Hearing/Continued Application
Site Plan Approval
Cristy & Steve Bauer, Applicant & Owner
Proposes expansion of existing residential use to include shelter, paddocks, and turn out pasture(s) for two (2) companion horses on a ±2.72-acre parcel at 295 Schwabie Turnpike, Kerhonkson, NY. Allowable with PB approval under TOR Zoning code 140-14 (C) & (D). SBL 67.2-1-56.12, R-2 zoning. Contains de minimus NWI Wetlands,
SEQRA: Type II Action (by code)
Cristy and Steve Bauer were present on behalf of the application.
Chairperson Lindstrom explained to the Board and public what the status of the application was.
Mr. DeWitt asked about the ponds on the property and the elevations and where they were in consideration to the horses.
Mrs. Bauer stated that the property was all the same elevation.
There were no further questions from the Board.
Chairperson Lindstrom opened the meeting for public comment.
John McGoldrick stated that the horses are not only an asset to the family but to the whole community. He stated that they have been nothing but great. He noted he cannot notice the different between one or two horses. He asked the Board to approve the application for not only the family but the neighbors as well.
Gary Miller stated that the horses have been an asset to the community and wish they lived closer to his home, so he could enjoy them as well.
Charlie Fischer stated that he stopped by and could not smell the horses or anything.
There were no further comments from the public.
Mr. Jones motioned to close the public hearing. Mr. Williams seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
The Board had no further comments or questions. The read the decision.
Findings of the Planning Board with review of the amended application
1. The Planning Board received a zoning referral for a site plan approval.
2. The Planning Board further received a Site Plan and Special Use application, and related documentation from the applicant, cited above.
3. The applicant has the 2 horses primarily as therapy/companion animals for one of their children with special needs, secondarily for pleasure riding off of the property.
4. The horse areas on the existing parcel are as follows: The horses have a +/- 40’ x 80’ fenced paddock area with 2 water troughs and a movable 8’ x 12’ wooden horse “run in” shed. The horses have approximately ½ acre (20,000 sq feet or approximately 170’ x 120’) of additional graded and cleared turnout space. The turnout space is in its initial stages of seeding to become a full turn out pasture. The applicant further proposes the clearing and fencing of an additional approximate 11,000 square feet (1/4 acre) for a second turnout pasture or paddock.
5. The exterior of area fenced for the horses (along partial periphery of the parcel) has a protective screening buffer of trees and brush and there is a low earthen berm along the lot line facing Schwabie Turnpike. Fencing is electric horse fencing. Per 140 – 13 (h) (3) Agricultural fencing as defined by code is exempt from height restrictions but must not impede highway sight distances.
6. The horse paddock & turnout are mucked twice a day. Manure is placed as per the site plan sketch.
7. The Chair contacted the Ulster County Horse Council, the Woodstock and Catskill Animal Sanctuary as to equine best practice. The Board further consulted the following documentation: USDA “Pasture Management”, Oregon State University “Managing Small Acreage Horse Farms” and Equine Land Conservation Resource (elcr.org). The site plan for the horse paddock and turn out areas sufficiently meets the standards put forth for small farm equine management.
8. The parcel is located in the ‘R-2’ zoning district and the parcel is approximately +/- 2.7 acres and is known as S/B/L 67.2-1-56.12
9. The applicant submitted a sketch plan and site plan to reflect the additional use.
10. The Site Plan Approval is classified as a Type II action by code under SEQRA. No further review was required or conducted.
11. A public hearing was held October 11th, 2018.
Draft findings were prepared by the Chairman and were read, discussed and amended by the Planning Board at a public meeting.
Adopted October 11th, 2018
Ayes: 6 Nays: 0 Absent: 1
Motion to adopt findings by Mr. DeWitt
Second by Mr. Zurofsky
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Site Plan -Conditional Approval to Christy & Steve Bauer for the lands situate at 295 Schwabie Turnpike, Kerhonkson, NY, known as S/B/L 67.2-1-2, and located in the ‘R-2’ zoning district to include the stabling of two horses.
The amended Site Plan dated August 27th 2018 is approved with the following conditions.
CONDITIONS of APPROVAL for the APPLICATION:
.
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. 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.
3. All Local, County, State, and Federal Laws or Codes shall be complied with for the current or future use of these lands.
4. No more than two (2) horses shall be permitted on the parcel. No additional large hoofed animals shall be permitted on the parcel (goats, sheep, cows, etc.).
5. The planned additional approximately 11,000 square feet (1/4 acre) for a second turnout pasture or paddock shall be completed. Equine pasture land shall be maintained in good health (weeded, reseeded as necessary, controlled grazing, etc.) Pasture land and paddocks shall not be placed over a leach field.
6. Paddock(s) and pastures shall be mucked at least once a day. Manure shall be stored at least 50 feet from the property line, 200 feet from residences, 100 feet from well(s), and 150 feet from wetlands or water surfaces. A three-sided manure dry stack retention structure shall be constructed to mitigate odours for the neighbouring properties and mitigate the potential for runoff of waste matter. Manure shall be covered during wet weather. In the event the dry stack is reached capacity, excess manure will be removed from the property. Fully composted manure shall be permitted to be spread on pasture lands.
7. Fresh water and a solid sufficiently sized (minimum of 96 sqft) run in facility for the horse(s) shall be provided and maintained in good order at all times.
8. A grassy berm and/or vegetative buffer strip of trees and shrubbery shall be maintained along the periphery of the property to manage mud, runoff and view scape.
9. An equine first aid kit shall be maintained in good order on the property at all times there are horses on the property.
10. The applicant shall submit a revised site plan reflecting the addition and siting of the new use.
11. All fencing shall be maintained as shown in the site plan.
The Town of Rochester Planning Board further grants the authority to the Chair to certify condition 1 and 4 – 10 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.
Adopted October 11, 2018, by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion made by Mr. Zurofsky
Seconded by Mr. DeWitt
2018-02 SBD Public Hearing/Continued/ Application
Minor Subdivision Approval (with Lot Line Adjustment)
Mansfield and Mountainview Subdivision/Ferro
Proposes the transfer of approximately eight (8) acres from S/B/L 77.1-2-33.500 (+/- 100 acres) to S/B/L 77.1-4-17 (+/- 9 acres). Located at 83 Peninsula Lane and De Jaeger Lane/Mountain View Subdivision, Accord, NY both parcels AR-3 zoned. AG-3 Agricultural District, FP Overlay, NYS DEC Wetlands on both parcels, Prime Farmland.
SEQRA: Unlisted/Uncoordinated
Robert Mansfield and Jerome Ferro were present on behalf of the application.
Chairperson Lindstrom gave a history of the application.
There were no comments or questions from the Board.
The Board reviewed Part 2 of SEQR.
Mr. Zurofsky motioned to declare a Negative Declaration under SEQR. Mr. Williams seconded the motion.
Roll Call Vote:
Chairperson Lindstrom: Aye
Mr. Jones: Aye
Mr. Williams: Aye
Mr. DeWitt: Aye
Mr. Zurofsky: Aye
Mr. Buchbinder: Aye
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
Chairperson Lindstrom opened the meeting for public comment.
No one from the public spoke on behalf of the application.
Mr. Buchbinder motioned to close the public hearing. Mr. Zurofsky seconded the motion. All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
The Board talked about the wetlands on the property. They concluded there was no concern.
There were no further comments or questions from the Board.
The Board read the decision.
Findings of the Planning Board
1. The Planning Board received zoning referral for a 2-lot Minor Subdivision from the Code Enforcement Officer.
2. The application proposes the transfer of a 5.67 acre parcel of vacant land from a 100 acre parcel, Mountain View Stables (S/B/L 77.1-2-33.500), to the parcel S/B/L 77.1-4-17, resulting in a Minor Subdivision due to the fact that parcel receiving the additional land is part of an existing major subdivision.
3. The parcels have road frontage on Peninsula and De Jaeger Lanes.
4. The current use of the transferring lands (parcel) is vacant agricultural/wooded land. The parcels lie in the Ulster County Ag District #3 and contain prime farmland/farmland of statewide importance.
5. The parcel to be transferred and the receiving parcel (S/B/L 77.1-4-17 (revised lot 17)) contain small portion of lands identified as NYS DEC and US ACE Wetlands and portions show as being located within the 100-year flood plain on the FEMA map.
6. The existing and proposed parcels meet the bulk standards requirements for the ‘AR-3’ zoning district and both parcels, as proposed, will exceed the required minimum road frontage on a public roadway.
7. The receiving lot S/B/L 77.1-4-17 (revised lot 17) has an existing house, well, septic, and driveway and private road right of way.
8. The application was referred to the Ulster County Planning Board. No County Impact.
Draft findings were prepared by the Chair and were read and discussed by the Planning Board.
Adopted October 11th, 2018
Ayes: 6 Nays: 0 Absent: 1
Motion to adopt findings by: Mr. Buchbinder
Second by: Mr. Williams
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision-Conditional Final Approval to permitting the subdivision of lands by the transfer of approximately six (6) acres from S/B/L 77.1-2-33.500 to S/B/L 77.1-4-17. The plat dated August 22, 2018 is approved with the following conditions:
CONDITIONS of APPROVAL:
12. 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.
13. 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.
14. Plat is amended to note the S/B/L’s and deeded names of adjacent parcels.
15. Required notes for “Right to Farm Act”, Flood Plain and DEC Stream shall be noted on the plat.
16. This Conditional Final Approval shall expire 180 days from this approval date unless condition 1 is satisfied by the applicant and the plat is presented and certified as complete by the Chair. 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 & 3 & 4. The Planning Board grants the authority to the Chair 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 October 11th, 2018, by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion made by: Mr. Zurofsky
Seconded by: Mr. Dewitt
At 7:49PM Mr. DeWitt and Mr. Jones recused themselves from the meeting.
2017-05 Special Use Amendment
Amendment of Existing Conditional Special Use
Special Use Permit – Large-Scale Solar System
Town of Rochester (owner) and PV Engineers, PC (applicant)
Amendment of Condition # 23 by modification of the wording for NY State DEC Mining Reclamation Sign Off for Special Use Conditional Approval of Large Scale Solar Production Facility on a ±67.16-acre parcel at 6140 Route 209, SBL 76.1-3-17, AR-3 and AP Overlay zoning districts, Adjacent to Ulster County Ag District #3, NWI Wetlands, and partial Prime Farmland on parcel.
SEQRA: Type I Action, Neg. Declaration, July 6th, 2017
Steve Long from Borrego Solar Systems was present on behalf of the application.
Chairperson Lindstrom stated that Borrego Solar Systems wanted to amend the previous decision by making two changes for the DEC. She stated that a public hearing was not necessary due to the fact nothing is changing on the site plan and that the Board could make a motion to waive the public hearing.
Mr. Buchbinder motioned to waive the public hearing. Mr. Williams seconded the motion.
All in favor. Motion carried.
4 ayes, 0 nays, 1 absent, 0 abstentions
The Board had no further comments of questions.
The Board read the decision.
Findings of the Planning Board with review of the updated application:
12. The Planning Board received a request by the applicant Borrego Solar to amend their existing approved conditional special use permit for the large scale solar facility located at 6140 Route 209, Kerhonkson, NY. The applicant, in discussions with the NY DEC, determined that the timing of grading/seeding and installation of solar arrays needed to be modified for NY State DEC sign-off on the reclamation of the existing sand mine at 6140 Route 209.
13. No changes to any other conditions, documents, details, stormwater management, the site plan or the SWPPP are proposed.
14. The Planning Board received a written request from the Applicant to waive the Public Hearing. The Planning Board voted and granted the waiver of Public Hearing in light of the revised/amended special use permit representing a minor modification in language and timing and did not represent a material modification in the special use.
Adopted October 11th, 2018 by the following vote:
Ayes: 4 Nays: 0 Absent: 1
Motion by Mr. Williams
Second by Mr. Buchbinder
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, Final Approval for the amended Special Use Permit for the parcel situated at 6140 Route 209, known as S/B/L: 76.1-3-17.
Effect of Approval:
1. This amended Special Use Permit and associated conditions shall be binding upon the applicant and all successive owners and/or lessees of the land so long as such use shall occur.
2. 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.
3. This approval shall remain effective as an authorization to secure the required permits and establish the use 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.
4. All requirements, conditions and statements, adopted 5/14/2018 by the Planning Board, remain fully in force, with the exception of Finding #30 and Condition #23. Finding #30 shall be changed to the following as of October 11th 2018: Finding of Approval 30: “The DEC was contacted by the applicant regarding the open permit for the mining operations and reclamation of the mine. A permit modification incorporating the solar array into the reclamation plan has been sought, which modification is anticipated to be approved by the NYSDEC in the near future. Completion of reclamation will occur in accordance with the approved modified reclamation plan.” Condition #23 shall be changed to the following as of October 11th, 2018: Condition of Approval 23: “Documentation shall be provided to the Planning Board upon receipt by the applicant demonstrating NY State DEC sign-off for reclamation of the sand mine. Solar arrays shall be permitted to be installed before the NY State DEC has approved the sand mine reclamation. Grading and timely seeding with grasses shall remain a condition of approval.”
The Town of Rochester Planning Board grants the authority to the Chairman to certify Conditions 2 has been completed without further resolution and to sign and date the plat at such time. This Final Approval shall expire 180 days from the original approval date of 5/14/18 unless condition 2 is satisfied by the applicant and 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.
Draft resolution was prepared by the Chairman and was read, discussed, and amended by the Planning Board in public meeting at the time of adoption.
Adopted October 11th, 2018 by the following vote:
Ayes: 4 Nays: 0 Absent: 1
Motion made by Mr. Buchbinder
Second by Mr. Williams
At 8:05PM Mr. DeWitt and Mr. Jones returned to the meeting.
PB 2018-02 New 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: TBD
Aric Davenport was present on behalf of the application.
Mr. Davenport stated that he would like to subdivide is lot into two parcels and sell the parcel with his home and garage and keep the other lot for himself.
The Board had no comments or questions.
Mr. Williams motioned to classify the application as an Unlisted Action under SEQR. Mr. Buchbinder seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
Chairperson Lindstrom motioned to set the application for a public hearing for their November meeting. Mr. Williams seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
OTHER MATTERS:
Fordemoor Solar Project:
Chairperson Lindstrom gave an update on the Fordemoor Project.
2019 Meeting Dates:
Chairperson Lindstrom made a motion to accept and have the Secretary post the 2019 meeting dates in the paper. Mr. Jones seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
EEO Overlay:
Chairperson Lindstrom had Attorney Christiana explain the new EEO Overlay District to the Board.
Mr. Jones motioned to adjourn the meeting at 8:15PM. Mr. Williams seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
Respectfully submitted,
Shaye Davis, Secretary
Adopted and accepted, December 10th, 2018