PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF October 8th, 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 Ann Marie Maloney
Patrick Williams, Vice Chairperson
Rick Jones
Brian Buchbinder
Sam Zurofsky
Zorian Pinsky
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 cancel the October 26th, 2020 Workshop Meeting. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.
Chair Lindstrom stated that Mr. Williams will be subscribing meetings as the minutes take some time to get done and applicants/representatives often need a list of items they need to submit in a quicker time frame.
Chair Lindstrom passed around a letter regarding littering that was discussed at the previous month’s meeting, for all Board member to sign. She stated it would be submitted to the Town Board.
TRAININGS:
Chair Lindstrom reiterated what she had stated the previous month, that all trainings were being held virtually and there were very little excuses to not have the required yearly training hours.
ACTION ON MINUTES:
Chair Lindstrom made the motion to approve the September 14th, 2020 Regular Meeting minutes. Mr. Pinsky seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.
APPLICATION REVIEW:
PB 2020-06 SUP Public Hearing/ Continued Application
The Sleeping Giant Ice Cream Company/Robert Christian (Owner)
Special Use Permit/Site Plan Approval
The applicant proposes a change of use. The existing parcel is used for a retail flower shop with greenhouses. The proposed use is a seasonal (spring through fall) neighborhood ice cream shop with window exterior service and outdoor seating. No new construction is proposed. The parcel is located on Sunset Drive, Kerhonkson, NY, S/B/L 76.10-1-35.100 (+/- .572 acres). The parcel is in the H (Hamlet) zoning district, may be within 500 feet of a historic register house, fronts Rte. 209, a NYS scenic byway.
Mr. Robert Christian was present on behalf of the application as well as Mr. Terry Ringler.
Chair Lindstrom explained what the application was all about.
The Board discussed the various changes that had been added to site plan as discussed at the previous months’ meeting. There was a discussion about one of the parking spots in particular, because it was not quite 25 feet.
Mr. Ringler explained the spot in question had an area to the side of it with blacktop so it was correct that someone could not back straight up, but the extra blacktop was there to be utilized as a turn-around area.
Mr. Jones asked about landscaping.
Chair Lindstrom pointed Mr. Jones to the survey map submitted in the beginning of the review process in which Mr. Christian had added various landscaping attributes to the site plan.
Mr. Pinsky asked why the 8-10 discussed picnic tables were not on the plan. He also asked if there was going to be a bicycle rack.
Chair Lindstrom said that the picnic tables did not need to shown, as they were not permanent uses and would be brought in at the end of the season and/or every night during the hours of operation. She said they could add the need for a bicycle rack to the decision.
The Board discussed the parking lot with the turn around area, again.
Mr. Zurofsky stated that he was fine with the parking spot, as it was an existing building and the spot had been functional thus far. He stated if it were a new building, it would be a different story.
Chair Lindstrom suggested a vote for a parking waiver for the spot in question.
Mr. Pinsky stated he would be more comfortable should the lines for the parking spots be shown on final site plan.
There was a brief discussion about the lighting of the shop.
Chair Lindstrom read the decision:
Decision 2020-06 SPA/SUP
Special Use and Site Plan Approval Conditional Final Approval
Applicant: The Sleeping Giant Ice Cream Company
Owner: Robert Christian
Reason for Request:
The applicant proposes a change of use. The existing parcel is used for a retail flower shop with greenhouses. The proposed use is a seasonal (spring through fall) neighborhood ice cream shop with window exterior service and outdoor seating. No new construction is proposed. The parcel is located on 3 Sunset Drive, Kerhonkson, NY, S/B/L 76.10-1-35.100 (+/- .572 acres). The parcel is in the H (Hamlet) zoning district, and fronts Rte. 209, a NYS scenic byway
Location: 3 Sunset Drive, Kerhonkson, NY
S/B/L: 76.10-1-35.100
Total Acreage: ± 0.572 acre parcel
Zoning District: H (Hamlet) zoning district
Code Enforcement Determination: Special Use and Site Plan Approval
Zoning Permit: 212 of 2020, dated 6/17/2020
Planning Board Application: 2020-06 SUP/SPA
PB Application filed: 07/27/2020
EAF filed: 07/27/2020
SEQR Type: Type II, no further action required
Other Referrals: Ulster County Planning Board, TOR Highway Department, TOR Fire Department
Documents considered by the Planning Board for review for amended application:
1. Zoning Permits of 212 of 2020, dated 6/17/2020. determination of Special Use
2. Planning Board Site Plan & Special Use application, 2020-06-SUP received 07/27/2020
3. Short Form EAF Part 1, received 07/27/2020
4. Survey Sketch Map, received 06/17/2020
5. Site Plan, received 07/27/2020, revised 9/22/2020. revised 9/28/2020.
6. Narrative of project received 06/17/2020.
Notice of Public Hearing:
1. Published in the Shawngunk Journal September 10th, 2020
2. Notice by mail to known adjacent landowners
3. Posted on the T/ Rochester Clerk bulletin board and town website.
Date of Public Hearing: September 14th, 2020
Place: Accord Community Center, Accord, NY and by video/teleconference remote dial-in.
Public Comment: (see Minutes of Town of Rochester Planning Board 09/14/2020)
* * * *
Findings of the Planning Board with review of the updated application:
1. The Planning Board received a zoning referral for a seasonal ice cream store at 3 Sunset Drive (off of County Route 209), Kerhonkson, NY. The proposed use is a seasonal (spring through fall) neighborhood ice cream shop with window exterior service and outdoor seating. No new construction is proposed. The site currently serves as a retail flower shop and greenhouse. Contiguous parcels are commercial and residential. Contiguous parcels are zoned H-Hamlet.
2. The Planning Board further received a Site Plan and Special Use application, EAF, Sketch and Site Plan(s) and related documentation from the applicant, cited above.
3. The parcel to be developed is known as S/B/L 76.10-1-35.100.
4. The parcel has road frontage onto County Route 209 a NY State Department of Transportation (NYS DOT) maintained highway. Access will be by Sunset Drive, a small road off of Route 209 not by Route 209 thus a NYS DOT approval/driveway permit is not necessary.
5. The parcel is located in the ‘H-Hamlet’ zoning district and the use complies with the standards of such district.
6. The Board determined the action to be a SEQRA Type II Action. No further action was required.
7. The applicant proposes the conversion of an existing 36’ x 24’(864 sq. ft.) retail flower shop into a seasonal (spring through fall) old fashioned ice cream shop with shakes, sundaes and other dessert treats. Outdoor seasonal seating at eight – ten picnic tables is proposed. No indoor seating or indoor service is proposed. The use shall be compliant with all articles of TOR municipal code § 140-20 General Commercial and Industrial Standards as a condition of approval.
a. Building Design: The applicant plans to keep/convert the flower shop with limited exterior changes. A walk-up takeout/ordering window and awnings are to be added.
b. Parking: The applicant proposes eight (8) parking spaces inclusive of one ADA compliant parking space.
c. Lighting: Lighting is to remain as is currently in use. As the use is to be seasonal, natural ambient light, existing mounted building lighting and the roadway lighting of Route 209 and Sunset Drive provide ample illumination. Any future additional lighting will have to be fully-shielded dark sky compliant lighting to meet TOR municipal code §140-20 (H) Lighting requirements.
d. Signs: The existing flower shop sign will be converted to an ice cream shop sign with no major changes. The current sign is compliant with TOR municipal code §140-21 Signs
e. Sound/Noise: The Town has no noise ordinance, however §140-20 (F) General Commercial and Industrial Standards of the Town of Rochester zoning code addresses sound standards for any newly proposed use of a parcel. The Board determined that proposed use would cause a low to nonexistent increase in noise at the periphery of the property and that sound would be compliant with TOR§140-20.
f. Landscaping: Proposed landscaping emphasizes the, regeneration of native wildflowers augmented by shrubbery and plantings. A schedule of materials to be used and location was provided with the site plan. The removal of accessory greenhouses will enhance the viewshed of the parcel. The Board determined that the landscaping plan complied with TOR municipal code §140-15 Landscaping.
g. Water/Wastewater and Well: The site is on the Warwarsing municipal water system with existing septic. Water usage will be diminished with the change in use.
h. Department of Health approval will be required for a food service establishment before a certificate of occupancy can be granted.
8. Public hearing was held on September 14, 2020. All public concerns, observations and support were duly taken into consideration by the Planning Board in drafting its decision.
9. The application was referred to the Accord Fire District and the TOR Highway Supervisor. The Accord Fire District responded that the removal of the greenhouse(s) and expansion of the parking area would improve fire and safety access and that turning radius for emergency vehicles was sufficient with the proposed parking plan. No response was received from the TOR Highway Department.
10. The application was required to be referred to the Ulster County Planning Board who returned the comments addressed below.
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 8th, 2020
Ayes: 6 Nays: 0 Absent: 1
Motion to adopt findings by: Mr. Jones
Second by: Mr. Buchbinder
* * * *
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 August 6th, 2020 and returned written comment stating required modifications:
1. Internal Circulation
Comment
The applicant is proposing angled spots without dimensions provided or distance between the parking aisles provide. The design will require customers to make multiple turning movements before they are able to pull out, which will likely result in turning conflicts with other vehicles and pedestrians. It is also unclear whether there is adequate room for delivery and emergency response vehicles to adequately egress from the site.
Required Modification
Careful attention to detail with respect to internal movements should be sought. While a seasonal use, peak hour operation of these types of businesses typically results in full capacity use of the facility and its parking. Dimensions of the parking spaces, space between the aisles, and turning radius for emergency response and delivery vehicles will need to be provided as part of a more thorough review.
Response
The Applicant no longer proposes angled parking, see final site plan. Eight (8) ‘straight in’ perpendicular parking spots of the dimensions 10’ x 20’ with over 25’ of interior access/turn are detailed on the final site plan, as per code. The Town of Rochester parking code for commercial enterprises requires 5 parking places for a commercial establishment of this size. The applicant proposes eight (8) parking spaces. Furthermore there are no specific TOR zoning specifications for outdoor only seasonal parking. As per 140-17 A (2) (a) – (g) the Planning Board has the jurisdiction to modify standards in referencing industry or case studies, other agencies, customer type et. al. Firstly, the Accord Fire District was contacted and responded that the proposed removal of the greenhouse(s, paving of entry and lower parking and new arrangement of parking would greatly enhance the safety and turning radius for emergency vehicles and that they had no difficulty with the emergency access to the proposed use. Secondly, referencing similar Ulster County Ice Cream shops parking was found to be similar in nature. Thirdly, referencing the American Planning Association Guidelines for Parking and Zoning a ratio of 10 parking places for every thousand feet of space is used as a rule of thumb. For the proposed use this would calculate to 8.6 parking spaces. Thus the Planning Board determines the proposed eight (8) parking spaces proposed on the final site plan to be sufficient in number and safety.
2. Lighting
Comment
Outdoor lighting details are absent from the materials provided. Given the nature of the type of use and tendency for these facilities to operate into the evening, with frequent traffic. It is recommended that a lighting plan be provided.
Required Modification
Lighting levels will need to be calculated for the plan with levels not to exceed the illuminance [sic] Engineering Society (IES) Outdoor Site/ International Dark-Sky Association {IDSA) Area Recommended illuminance Levels (see attached). All luminaires are required to be LED and will need to meet the “fully shielded” definition adopted by the international Dark-Sky Association (IDSA) or be an approved fixture of IDSA with cut sheets provided.
Response
A lighting plan was provided on the site plan as well as detailed in the applicant narrative, but the details may not have been seen by the UCPB. Public street lights are found at both the corner of Sunset Drive and on Route 209 in front of the proposed use. The light cone from a street light has roughly the same diameter as the height of the fixture from the ground. The street lights on Route 209 and Sunset Drive casts light that substantially covers the outdoor eating area and most of the parking lot. Existing building mounted lighting provides additional lighting for the interior of the lot and is detailed with the street lighting on the site plan. Any future additional lighting shall comply with TOR §140-20, Lighting. TOR zoning code does not have jurisdiction over NYS roadway lighting. Existing building mounted lighting shall be compliant with §140-20, Lighting. Intended closing hours will be at sunset thus additional evening lighting will not be necessary.
2. Signage
Comment
Signage details are absent from the materials provided.
Required Modification
Signage details that conform to the standards of the zoning statute, without need for variance, should be provided for the Town Planning Board’s review.
Response
Existing signage is to remain as is, with solely a name change from the existing floral shop to the Sleeping Giant Ice Cream Company. Existing signage is compliant with 140-21, Signs.
UCPB Required Modifications are received and overruled with explanation October 8th, 2020 by the following vote:
Ayes: 6 Nays: 0 Absent: 1
ROLL CALL:
Chair Lindstrom: Yes Mr. Buchbinder: Yes
Mr. Williams: Yes Mr. Zurofsky: Yes
Mr. Jones: Yes Mr. Pinsky: Yes
Motion by: Mr. Jones
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 Final Approval to The Sleeping Giant Ice Cream Company/Robert Christian (Owner & Applicant) permitting the new use of Ice Cream Shop, for the lands situated at 3 Sunset Drive, Kerhonkson, NY, known as S/B/L 76.10-1-35.100 and located in the ‘H-Hamlet’ zoning district, subject to the conditions expressed below:
The Town of Rochester Planning Board grants Site Plan—Conditional Final Approval to The Sleeping Giant Ice Cream Company/Robert Christian (Owner & Applicant), permitting the new use of Ice Cream Shop, for the lands situated at 3 Sunset Drive, Kerhonkson, NY, known as S/B/L 76.10-1-35.100 and located in the ‘H-Hamlet’ zoning district, 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 food service before a Certificate of Occupancy shall be issued.
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 §140-20, General Commercial and Industrial Standards; and code §140-10, Lot Development Standards, or their successors.
7. 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 spaces shall be striped as regarded on the final site plan and shall not be allowed within the public road right-of-way or within the Ice Cream Shop 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 all access and driveways shall be maintained to NYS Fire Code regulation and standards. A bicycle rack shall be provided and detailed on final site plan.
8. Landscaping shall be installed as shown on the site plan and remain compliant with §140-15 Landscaping at all times.
9. Lighting, in the occurrence that additional lighting shall be installed in the future, shall be compliant with §140-20(H) at all times.
10. All refuse wastewater, graywater, and cooking grease shall be deposited and maintained in appropriate containers. There shall be no dumping allowed on the parcel.
11. Signage shall comply with §140-20 (F) Signs. Signage shall remain as is currently in use with solely a name change.
The Town of Rochester Planning Board further grants the authority to the Chairman to certify conditions 1and 7 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 8th, 2020, by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion made by : Mr. Williams
Seconded by: Mr. Buchbinder
PB 2020-07 SBD New Application
Susan Cusack (Owner & Applicant)
Minor Subdivision
The applicant proposes an eight lot (8) subdivision of the parcel. Parcels current use is the Villa Veritas Rehabilitation Center, woodlands and farmlands. Parcel is located on Upper Cherrytown Road, Kerhonkson, NY S/B/L 68.1-1-27 +/- 108 acres and is in the AR-3 Zoning District. Parcel and proposed subdivision parcels contain lands within a FEMA 100 year flood plain, contain a named stream (Mombaccus Creek) and an unnamed tributary stream, hydric soils, prime farmland and farmland of statewide importance, are in the Ulster County AG-3 agricultural district, contain Ulster County Habitat Core lands and are within the UC DOH Aquifier Zone. Proposed new subdivision lots are all to have separate driveway access onto Upper Cherrytown Road and are proposed to be 5 and 3 acres in size.
Mr. Barry Medenbach and Ms. Heather Gabriel from Medenbach and Eggers, and Ms. Susan Cusack, were present on behalf of the application.
Mr. Jones stated that although the application to be reviewed was determined to be a minor subdivison by the code enforcement office, as per the code provisions, he still felt the Board would need to do all the items they would for a major subdivision as the number of lots were large and there were also wetlands and a 100 year flood plain present on the property. He felt that it would warrant having the assistance from CPL, the Town’s planning consultant.
Attorney Christiana reminded Mr. Jones that environmental impacts, etc would all be done in a SEQRA review.
Chair Lindstrom pointed out that over 2 acres were to be disturbed and with the slope of the property, it could impact the creek on the property, as material could flow into it. She suggested looking at 125-22 of the code and the property again without constraints or disturbances.
Mr. Zurofsky stated he did not agree with the statements and argued that the subdivision seemed pretty straight forward and that it didn’t look egregiously sloping.
Chair Lindstrom disagreed with Mr. Zurofsky and argued it was an incredibly sloping parcel.
Mr. Medenbach noted they were building on flat ground so the steep slopes associated with the stream below, would not be effected. He added soil tests had been done and the buildings would be on a field and near wooded lots. He noted the applicant wanted to eliminate the proposed Lot 7.
Chair Lindstrom reiterated her concerns about the stream disturbance. She suggested the building be placed elsewhere and pointed out behind the proposed lot 5, specifically.
Mr. Medenbach stated the owner wanted to preserve behind Lot 5.
Chair Lindstrom suggested having a motion to obtain CPL.
Mr. Zurofsky agreed they would need CPL but still felt the sketch plan did not show any initial red flags as some of the other Board members saw and he stated he wanted to wait for a more detailed plan to be done before he would feel comfortable obtaining CPL.
Mr. Medenbach commented he’d prefer to have the application amended before it went to CPL for review.
Ms. Susan Cusack, owner, explained why she wanted to do the project. She stated they had been in front of the planning board 39 years ago in order for their program to be approved and that she wanted to provide these proposed lots to others who wanted to come here and become a part of the Town.
Attorney Christiana noted that if the subdivision were to go forward, the site plan from 39 years ago would potentially need to be amended.
The Board discussed the application further.
The applicant and representatives stated they would look over everything again and come back with a more concrete submission.
There was no further discussion.
ADJOURNMENT:
Chair Lindstrom made the motion to adjourn the meeting at 8:09pm. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.
Respectfully Submitted,
Brianna Tetro, Secretary
Accepted and Adopted: December 14th, 2020