PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF September 14th, 2020 REGULAR MEETING OF the Town of Rochester PLANNING BOARD, held at 7:00pm at the HAROLD LIPTON COMMUNITY CENTER and VIA ZOOM.
Chairperson Lindstrom asked everyone to stand for the Pledge to the Flag.
The Secretary did roll call attendance.
PRESENT: ABSENT:
Maren Lindstrom, Chairperson
Patrick Williams, Vice Chairperson
Rick Jones
Brian Buchbinder *Via Zoom*- 7:15pm
Sam Zurofsky
Zorian Pinsky
Ann Marie Maloney
Also present:
Brianna Tetro, Secretary. Mary Lou Christiana, Attorney for the Town-Via Zoom. Mike Baden, Town Supervisor and Meeting Host.
ANNOUNCEMENTS AND COMMUNICATIONS:
Chair Lindstrom made the motion to cancel the September 28th, 2020 Workshop Meeting. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.
TRAININGS:
Chair Lindstrom reminded the Board that the Secretary had been sending out many training opportunities. She noted that all the training was being done virtually and there were no excuses to not only have the required yearly 4 training hour, but excess hours as well.
ACTION ON MINUTES:
Chair Lindstrom noted that the August 10th, 2020 Regular minutes were fine but would need to be amended to include the two motions for SEQRA for the Rick’s Subdivision.
Chair Lindstrom made the motion to approve the August 10th, 2020 Regular Meeting minutes as amended. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.
Mr. Jones made the motion to accept the August 31st, 2020 Workshop Meeting minutes. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.
APPLICATION REVIEW:
PB 2020-06 LLI New Application
Frank Kortright (Owner and Applicant) &
Flynn C. O’Conner and Jennifer S. O’Bryon (Owners)
Applicant proposes a lot line adjustment conveying +/- 1.25 acres from the lot S/B/L 68.3-2-14 (+/- 74.35 acres), NR zoning district to the lot S/B/L 68.3-2-28 (+/- 0.63 acres), R-2 zoning district. Lands to be conveyed include an existing barn. Lot to receive acreage include an existing single family dwelling and garage with well and septic. Lots are located on Rochester Center Road
SEQRA: Type II by Code
Mr. Frank Kortright and Mr. Flynn O’Connor were present on behalf of the application.
Mr. O’Connor explained Mr. Kortright was conveying +/- 1.25 acres to him to be added to the property across the street. He stated it was to add extra parking and space, there would not be any construction.
Mr. Kortright noted it was mainly a safety issue that they intended to remedy.
Mr. Jones asked if there would be a new S/B/L (section/block/lot) created due to the transfer.
Chair Lindstrom explained there would not be a new S/B/L as it was creating a natural subdivision and creating a better overall property as it was now close to the 2 acre requirements of the district.
There was no further discussion.
Chair Lindstorm made the motion to certify the Lot Line adjustment. Mr. Pinsky seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, *1 absent, 0 abstentions.
*Mr. Buchbinder was not present of this motion.
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.
SEQRA: TBD
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.
Chair Lindstrom made the motion to open the public hearing. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.
There was no public comment.
Supervisor Baden stated that although the comments from the Ulster County Planning Board (UCPB) had not been received by the Town’s Planning Board, he did know they had recommendations.
Attorney Christiana reminded the Board they couldn’t close the public hearing without first reviewing the comments from the UCPB.
Supervisor Baden stated he knew they had noted some modifications for the angle and layout of the parking spaces.
The Board discussed tabling the application until the October 8th, 2020 Regular meeting.
Mr. Jones asked if the diagram provided to the Board by the applicant was to scale and if the applicant’s consultant approved of the parking.
Mr. Christian stated he knew he parking was fine as it was experienced based. He noted he could change the angle of the parking if needed.
Chair Lindstrom stated the comments of the UCPB would be emailed to Mr. Christian once they were received by the Secretary.
There was no further discussion.
PB 2020-04 SBD Continued Application
Lett Lee (Owner), Blake Arrowood (Applicant)
Minor Subdivision
The applicant proposes a minor 2 lot subdivision of a +/- 48.5 acre lot into two lots. Lot one of +/- 3.15 acres and lot two of +/- 44.89 acres. Lot one does not have direct frontage/access to a highway. Lot two shall maintain the existing single family dwellings and brewery, each with existing well and septic. The parcel is located at 236 Lower Whitfield Road, Accord, NY (S/B/L 68.4-4-28.111 +/- 48.5 acres). The parcel is in the AR-3 (residential agricultural) zoning district, and Ulster County AG-3 agricultural district.
SEQRA: TBD
Ms. Heather Gabriel and Mr. Barry Medenbach were present on behalf of the application.
Chair Lindstrom asked the applicant’s representatives how long the purposed driveway was on the property and noted they would need to provide a road frontage waiver should they keep the plan for the driveway.
Mr. Medenbach answered about 2,000 ft and would be used to access a purposed family dwelling and had pull offs every 500 ft for emergency vehicle access.
Chair Lindstrom explained that the site plan for the brewery would need to be amended as the lot lines were changing with the purposed subdivision. She added that since the lot lines would be changed, a new sound study may need to be provided as the periphery would be different.
Mr. Medenbach noted that the purposed dwelling would be occupied by the owner of the brewery and stated he didn’t understand how that was effecting anything existing.
Chair Lindstrom stated the site plan was still being altered and the lot lines were being changed and therefore it would need a new sound study.
Mr. Zurofsky stated he had been to the property recently and noticed that the event space parking lot was being used for regular parking and if a site plan would need to be amended, that should also be included. He said it was germane to the discussion as it had an effect on the road waiver because there was a purposed residential driveway going through a commercial business parking lot.
Attorney Christiana stated in 125-22 J (1)- The shared driveway shall be utilized by no more than a total of three single-family residential lots including the lot it has access over.
The Board discussed the lots and uses further.
Chair Lindstrom stated the applicant could request a waiver for the road frontage and create a some what odd shaped lot that would have access to Mill Hook Rd. She stated they needed to read 12 – of the code and they would need a waiver, to think about the amendment to the site plan, and the change in parking.
There was a further discussion among the Board members and the applicant’s representatives.
Mr. Zurofsky noted there were several questions and items mixing together that needed to be figured out.
Mr. Williams reiterated the need for a new sound study, should the subdivision be approved, as the lots lines would certainly be changed.
The Board discussed and agreed the broader picture needed to be looked at and it was suggested the applicant go back and discuss their options to move forward.
PB 2020-05 SUP Continued Application
Konstantinos Mastrogiannis (Owner), Lumens Holdings, LLC (Applicant)
Special Use Permit/Site Plan Approval
The applicant proposes a 2.5 KW utility scale solar farm. The parcel contains existing single family dwellings and accessory structures with existing well and septic, which are to remain. The parcel further contains fields and woodlands. The proposed use is to be partially within prime farmlands. The parcel is located at 48 Samsonville Road, Kerhonkson, NY (S/B/L 76.1-3-7 +/- 19.7 acres). The parcel is in the AR-3 (residential agricultural) zoning district, the AP Overlay District, contains prime farmlands and Ulster County AG-3 agricultural district.
SEQRA: TBD
Peter McAuliffe and John McDonough were present on behalf of the application.
Chair Lindstrom explained that this was a rather large solar project. She recommended that it be presented to CPL, the Town’s planning firm, for review and for project suggestions.
The Board agreed.
Chair Lindstrom made a motion to set escrow at $7500.00 for the application review by CPL and the Town Attorney. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.
Mr. Zurofsky stated he wanted clarification on all involved parties as it was confusing when reviewing the material to see so many different names on letterheads, etc , to understand who was involved or not. He also noted he would like to see the setbacks maxed out as one portion of the project was so close to a residential area.
Mr. McAuliffe stated he was part of Omni-Navitas which was part of Lumens Holdings, LLC who was the applicant and represented the owner, Konstantinos Mastrogiannis. He explained the engineers were CNS.
The applicant and Board discussed some other items including the potential future plans of the solar farm being sold to a tax equity agency.
Ms. Liz Axelson, from CPL, commented that when escrow was received they would begin the review process.
Supervisor Baden asked that CPL informs the Town when escrow has reached 15% so it can be replenished, if needed.
PB 2020-04 SUP Continued Application
Henry Rich (Owner and Applicant)
Special Use Permit
The applicant proposed the conversion of existing pottery studio into a grocery/convenience store and office space. Existing use of Pottery Studio received a Use Variance in 1996. Current lot area is nonconforming (0.5 acres) in H (Hamlet) zoning district. Parcel is located at 19-23 Main Street, Accord, NY, S/B/L 77.9-1-37.100. Parcel is in FD (Floodplain Development) Overlay District and contains prime farmland.
Mr. Barry Medenbach, Ms. Heather Gabriel and Ms. Stephanie Bassler from Medenbach and Eggers were present on behalf of the application. Mr. Henry Rich was also present on behalf of the application.
Chair Lindstrom noted that there didn’t seem to be a lot of progress shown for the application since the last meeting. She specifically pointed out the parking issues and referred to 140-49, 140-50, and 140-55 of the code.
Mr. Pinsky stated that the applicant had referenced using the municipal parking lot as a possible parking solution for the purposed store. He asked if they were going to show that on the site plan.
Chair Lindstrom stated it was on the site plan but it was too small. She also offered some alternatives to the current purposed parking, including having it go around the back of the building.
Mr. Medenbach stated the parking couldn’t go in the back due to the septic location. He referenced the 1996 Town of Rochester Planning Board and stated the parking as it were, had already been approved through that decision.
Chair Lindstrom argued that the parking from the 1996 use was never actually used and that it needed to be changed. She referenced 140-42.
There was a discussion about the parking further.
Mr. Zurofsky stated the Board would not rely on what was put on the old site plans. He stated new plans would need to be provided as so many items needed to be changed. He further explained that the old use was smaller than the new purposed use and therefore the site plan requirements were different.
Mr. Jones stated he would be fine with a waiver for the parking if a creative solution was provided.
**There was internet loss from 8:20pm-8:26pm**
Mr. Medenbach stated they would change the parking.
Mr. Jones asked about the office space that had been purposed on the most recent set of site plans.
Ms. Gabriel stated the office space had not been on the original application and had been recently added.
The Board and the applicant’s representatives further discussed the parking issues that needed addressing as well as the items needed to be added to the site plan.
The applicant’s representatives stated they would come back with updated material.
There was no further discussion.
PB 2020-05 SBD New Application
Wilfred and David Neff (owner and applicant)
Minor Subdivision
The applicant proposes a minor two lot subdivision of S/B/L 69.4-2-7.116 (+/- 82 acres) into two +/- 40 acre lots. Parcel is located on Lucas Turnpike, Accord. Parcel is in the AR-3 (residential agricultural) zoning district, Ulster County AG-3 Agricultural District, contains prime farmlands and farmlands of statewide importance, is in the FD (Floodplain Development) and AP (Aquifier Protection) Overlay districts and is within 500 feet of the Rest Plaus Historic District. The rear part of the parcel fronts the O&W Rail Trail, contains UC Habitat Core lands and hydric soils, a named creek (Kripplebush Creek) and the full parcel is identified as a biologically important area. The parcel fronts the Shawnagunk Mountain Scenic Byway and is within 500 feet of the municipal boundary with the Town of Marbletown.
Mr. Barry Medenbach and Ms. Heather Gabriel from Medenbach and Eggers were present on behalf of the application.
Mr. Medenbach explained the purpose for the application.
Mr. Pinsky stated it was unclear how lot 1 was being accessed.
Ms. Gabriel explained there was an existing driveway deeded at the moment that led to the parcel.
Chair Lindstrom asked if there would be houses on the purposed subdivision.
Mr. Medenbach explained that there was ag land and it would be used to farm as it had good soil.
Mr. Zurofsky stated that this was an 82 acre lot and the way it was being presented was the least conducive way to continue using it for ag. He said there were other ways to do the lots.
Mr. Medenbach stated he would bring the Board’s opinion to the owner.
Chair Lindstrom stated the set backs included 2 named streams along with being nearby to historic landmarks, etc and that, going forward with the application as presented, the Board would need to send it out to the DEC, New York State Historic Preservation Office(SHPO), Town of Rochester Historic Preservation, New York State Ag and Markets, New York State DOT, Ulster County Planning Board, Town of Marbletown, and the Environmental Conservation Commission.
The Board discussed the application further but agreed it would be best for the applicant to look at other options and amend their initial application.
There was no further discussion.
PB 2020-06 SBD New Application
Olga Byrne (Owner and Applicant)
Major Subdivision
The applicant proposes a five lot major subdivision of parcel S/B/L 60.3-2-2.5 (+/- 23.81 acres) with an extension of Private Drive Sawmill Court and creation of a shared driveway. The parcel is located at 2008 Queens Highway, Kerhonkson. Several proposed new lots are to potentially contain multifamily housing. Proposed lots are of +/- 3.7, 4.5, 4.7, 5.0 and 6.0 acres respectively. The parcel is in the R-2 zoning district, contains a NYS DEC named stream, and Ulster County Habitat Core Lands
Mr. Barry Medenbach and Ms. Heather Gabriel from Medenbach and Eggers were present on behalf of the application. Ms. Olga Byrne was also present on behalf of the application.
Chair Lindstrom explained the application.
Chair Lindstorm noted there were no legal documents to show that the road shown on the maps was a private road and/or driveway. She stated it could be a private driveway.
Mr. Williams stated the driveway was on someone elses’ property.
Attorney Christiana noted that the portion of the driveway shown on another property needed to be deed to Ms. Byrne.
Ms. Byrne wanted to know if they brought the lots down to 3 instead of 5, would it be considered a minor subdivision.
Chair Lindstrom stated it could but there were so many factors and unknown that even if it were 3 lots there was the potential it could stay a major subdivision. She explained that due to the complicated nature of the application it would need a third party environmental study, as well as some guidance that the Planning Board couldn’t provide. She suggested getting CPL on the project to further assist the applicant.
Chair Lindstrom made the motion to retain CPL for the application with an initial escrow amount of $3,000.00. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.
Attorney Christiana stated that she would need to put a lot of extra research time into the project as well and perhaps the escrow should be a little more.
Ms. Axelson suggested setting the escrow amount to $4,000.00.
Chair Lindstrom rescinded her previous motion.
Chair Lindstrom made the motion to set the initial escrow amount to $4,000.00. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions.
Attorney Christiana explained she would look at everything with Ms. Axelson after escrow was received.
It was noted by a Board member that there was a real estate listing for the property where it stated there would be multi-family housing on the proposed lots.
Ms. Byrne said that was not factual. She said they intended to sell off 2 lots, but none would have multi-family houses.
There was no further discussion.
OTHER MATTERS:
ADJOURNMENT:
Chair Lindstrom made the motion to adjourn the meeting at 9:13pm. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions, 0 absent.
Respectfully Submitted,
Brianna Tetro, Secretary
Accepted and Adopted:
October 8th, 2020