PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF September 10th, 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 Sam Zurofsky
Rick Jones
Laurence DeWitt
Patrick Williams
Brian Buchbinder
Alonzo Grace
Also present:
Shaye Davis, Secretary. Mary Lou Christiana, Attorney for the Town.
ANNOUNCEMENTS AND COMMUNICATIONS
Chairperson Lindstrom motioned to cancel the September Workshop meeting. Mr. Dewitt seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
ACTION ON MINUTES
Mr. Jones motioned to accept the August 13th, 2018 Planning Board Minutes. Mr. Buchbinder seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
2018-05 LLI New Application
Lot Line Improvement
Gary D. and Lori B. Wolf and the Estate of Lawrence H. Kortright
Proposes a lot line adjustment transferring 0.3 acres from S/B/L 67.0-1-50 to S/B/L67.0-1-49
Located at 299 Upper Cherrytown Road, Kerhonkson, NY, AR-3 zoned.
SEQRA: Type II Action (by code)
Briana Maloney from Heidecker Land Surveying was present on behalf of the application.
The Board and Attorney for the Town looked at the Survey and decided that the contingent neighbors should be named with the SBL on the survey map.
Chairperson Lindstrom motioned to accept a conditional approval for the LLI. Mr. Williams seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
PB 2018-10 SUP/SPA
Site Plan Approval
Christy & 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 Bauer was present on behalf of the application.
Chairperson Lindstrom explained to the Board that in the Town of Rochester, if you have less than 3 acres you need a Site Plan Approval from the Planning Board in order to have large hoofed animals. She explained that the applicant has two horses.
Mr. Jones had some concern about the property not being able to sustain the large hoofed animals.
Mr. Williams looked at the site plan of how the property is laid out for the horses and stated that he thought it all looked perfectly fine for a horse.
Chairperson Lindstrom stated that according to the rules and regulations for housing horses, the paddocks, and shelters were adequate.
Mr. Buchbinder motioned to set the application for public hearing for the October meeting. Mr. DeWitt seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
PB 2018-02
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: TBD
Jerome Ferro and Robert Mansfield were present on behalf of the application.
Mr. Ferro stated that Mr. Mansfield had originally bought property from his Mountianview Stables Subdivision and would like to buy more property from the left over lands.
Chairperson Lindstrom stated that since the Lot Line Adjustment was in a mapped subdivision, the matter was to be handled as a subdivision under the Town of Rochester Code.
Chairperson Lindstrom stated that the Board would need an Agricultural Data Statement.
The Board discussed the needing to refer the application to the Ulster County Planning Board.
Attorney for the Town Christiana stated that to be safe than sorry to refer the application to the Ulster County Planning Board.
Mr. Buchbinder motioned to refer the application to the Ulster County Planning Board. Mr. Jones seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
Mr. Buchbinder motioned to set the application for public hearing for the October meeting. Mr. Williams seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
PB 2018 – 07 SUP/SPA
Renewal of Special Use Permit for Commercial Events Facility
Frank Macagnone (aka Crested Hen Farms) applicant
Located at 607 County Route 6, Accord, NY S/B/L 77.2-2-12.1
SEQRA: Type II by code
Mr. Ricci and their Attorney, Mr. Moriello were present on behalf of the application.
Chair Lindstrom asked the Board if they had any commentary on the application.
Mr. Jones stated that he had the chance to visit the property. He stated that the gaps in the barn had satisfied him with what he saw. He stated that there was a cloud like the decision stated. He said all the doors met what the decision stated. He noted that he did have concern that the noise absorption materials were not enough but did meet the standards the applicant was required to meet. He noted that more work had been done to the barn than the decision had asked. He stated that he was satisfied with what he saw at the venue.
Mr. Ricci stated that they had originally just done what was required but decided to go above and beyond what was asked by the Board to help the surrounding neighbors.
The Board had no further questions or comments. The Board read the decision.
Review and Findings of the Board
The Planning Board Chair received on June 5th, 2018 a request to renew the Crested Hen special use permit set to expire in September of 2018 as is required by TOR Zoning Law §140-53. Request was received in a timely manner.
Over a series of public regularly scheduled Planning Board meetings, the Planning Board reviewed each individual conditions of the original SUP/SPA 2015-02. The Planning Board further reviewed the documentation associated with the Events that took place at the approved Commercial Events Facility under the initial 2015 SUP/SPA approval and during the renewable approval period as submitted by the Code Enforcement Officer and as provided by the owner/applicant. The Planning Board took into consideration verbal and written public commentary, pursuant to Town of Rochester code §140-53, Renewal of Permits.
In analysis of the conditions, documents and commentary, the Planning Board concurs that that the conditions of the commercial events facility permit have been met.
Specific findings regarding conditions of community concern are addressed below. Conditions 1 – 6, 9 – 13, 19 – 21 & 24 – 25 received no public comment:
1. Scheduling, condition(s) 14 – 18. The conditions were found to have been met. All events were filed in a timely fashion with the Code Enforcement Officer, as required by code. The applicant filed notice for both events that qualified as commercial (special) events and events that did not qualify as special events that are considered private parties for which the applicant received no compensation and which are allowed outside the Commercial Events zoning code. Review of the events hosted found the events to be predominantly wedding ceremonies with reception. Twelve (12) commercial (special) events occurred per annum; the events occurred within the allowable event hours and the events complied with event occupancy conditions.
2. Sound, condition 22. 22 (b) amplified sound was limited to the area within the closed barn structure, a condition of approval. 22 (c) “Sound levels shall be 90 dB or less within the barn at all events with amplified sound, measured using an accurate sound level measurement system.” The Board reviewed the decibel recording leger for each event, a condition of approval. Decibel recordings were taken twice every hour while amplified music was occurring at an event. The event, date of event, sponsors of the event and hours of amplified music were recorded on each decibel monitoring. The calibration equipment and the decibel monitoring equipment were presented to and inspected by the Planning Board.
22 (d) & (e) openings in barn walls and interior sound mitigation. Town Planning Board Members (Lindstrom, Jones, DeWitt) visited the Crested Hen Commercial Events Facility on 9/5/2018. PB members observed all major gaps in the barn walls have been covered with copper flashing, and smaller gaps have been filled with clear silicone so as to maintain the historic integrity of the barn while meeting the condition of approval. PB members confirmed that the elements of condition 22 (e) ii/iii/iv were in situ (theatrical drapery, acoustical panelling, rug and sound cloud). The applicant has further installed (as of the visit date) an additional sixty four (64) 4.72″x4.72″x9.6″ bass traps and an additional six hundred (600) 2″x12″x12″ sound absorbing acoustic panels to further reduce noise emanating from the barn. Conditions 22 (e) i/v are stipulated in the binding contract that must be signed for each event.
3. Ingress/Egress, condition 23 (a)/(b). “The large barn doors and any windows within the barn shall remain closed for the duration of any and all amplified sound occurrences.” The applicant stations event personnel at all sliding barn doors and places bench seating in front of barn doors in proximity of the music area during amplified music to mitigate the opening of the barn doors.
4. Fire Code and Occupancy, conditions 7 & 8. “New York State Uniform Fire Prevention and Building Code.” The commercial events facility was inspected annually and was certified for compliance as per code and as per PB condition.
5. Written public commentary and public hearing commentary were filed and/or voiced by a group of community members concerning events held at the property. To address the issues brought forward by these residents the Planning Board contacted the Code Enforcement Officer, the Town Constable and the New York State Police regarding the specific complaints. The Planning Board received the following responses:
• The Planning Board received written response and the full two year file of correspondences from the Code Enforcement Officer. The CEO issued determinations of compliance and determined that the complaints were not validated.
• The Planning Board received written response from the Town Constable stating that site visits (in response to complaints and independently) did not find any violations.
• On July 18th, 2018, in response to the written statement filed by Sal Matero and Kirsten Johnson that NY State Police was called regarding noise, the Planning Board Secretary contacted the State Police to determine if NY State Police had records on file for the NYS Trooper visit of 9/9/2017. After of research using the date (and nearby dates in the case that a NYS Trooper filed a record subsequent to the call), the name Crested Hen, and the address and nearby addresses, no violation was found on record by the NY State Police.
• In summary, those persons who indicated to the Planning Board, through verbal and/or written submittals to the effect that the applicant did not operate in compliance with applicant’s permit, provided no convincing evidence of violations. Further, no record of violations of PB conditions or code was established on file with the State Police, Code Enforcement Officer, Town Constable or other jurisdictional entity. Additionally, members of the Planning Board visited the site and noted that the physical changes that were required by the permit had been complied with. The record clearly shows that the applicant is in compliance with the previous planning board approval SUP/SPA2015-2. Draft findings were prepared by the Chairman and were read and discussed by the Planning Board in public meeting. Therefore, The Planning Board adopts these statements as written findings of the Special Use proposal.
Adopted September 10th, 2018
Ayes: 6 Nays: 0 Absent: 1
Motion to adopt findings by Mr. Williams Second by Mr. Jones
* * * * *
Resolved,
Pursuant to the standards of Town of Rochester code §140-53, Zoning, the Town of Rochester Planning Board has reviewed the application presented and grants renewal of Special Use Approval to Frank Macagnone and Keith Eddleman, aka Crested Hen Farms, permitting the use of the land situate at 607 County Route 6, known as S/B/L 77.002-2-12.1, and located in the ‘AR-3’, ‘FD Overlay’, and ‘AP Overlay’ zoning districts for the use ‘Commercial Event Facility’.
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 of the Approval.
2. All conditions of the original (PB 2015-02) Special Use Approval and Site Plan Approval dated December 17, 2015 shall remain in force with the renewed approval.
3. The use is approved for an indefinite period with no further approvals required.
The Town of Rochester Planning Board further grants the authority to the Chairman to certify Conditions of Approval 1 has been completed without further resolution.
Effect of Approval:
1. This Special Use approval and associated conditions shall be binding upon the applicant and all successive owners of the land so long as such use shall occur.
2. This renewal shall be for an indefinite period of time
Draft resolution was prepared by the Chairman and was read, discussed, and amended by the Planning Board in public meeting.
Adopted September 10th, 2018
Ayes: 6 Nays: 0 Absent: 1
Motion by Mr. Buchbinder
Second by Mr. DeWitt
OTHER MATTERS:
Fordemoor Solar Project:
Chairperson Lindstrom wanted to discuss with the Board Cypress Creek and Fordemoore Solar. She stated that she wanted to come up with a checklist of what the Board would like to see before they resubmit new information to the Planning Board.
The Board discussed all their concerns and comments.
Mr. Williams motioned to give Chairperson Lindstrom permission to write a letter to Cypress Creek regarding their concerns and comments about the project. Mr. Jones seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
Rondout Solar Project Update:
Chairperson Lindstrom explained to the Board the Cypress Creek had pulled the Rondout Solar Project from the Zoning Board of Appeals so they no longer had to handle the SEQR for the project.
TOR Town Board EEO application SEQR Lead Agency Letter:
Chairperson Lindstrom motioned to not seek lead agency for SEQR. Mr. Williams seconded the motion.
Roll Call Vote:
Chairperson Lindstrom: Yes
Mr. Jones: Yes
Mr. Williams: Yes
Mr. DeWitt: Yes
Mr. Grace: Yes
Mr. Buchbinder: Yes
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions
Mr. Jones motioned to adjourn the meeting at 8:28PM. 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, October 11th, 2018