PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF September 11th, 2017 Meeting of the Town of Rochester PLANNING BOARD, held at the Town of Rochester Community Center, Accord, NY.
Chairman Baden asked everyone to stand for the pledge to the Flag.
The Secretary did roll call attendance.
PRESENT: ABSENT:
Michael Baden, Chairman
Maren Lindstrom, Vice Chair
Laurence DeWitt
Alonzo Grace
Rebecca Collins
Rick Jones
Patrick Williams
Also present:
Shaye Davis, Secretary. Mary Lou Christiana, Attorney for the Town, Sam Zurofsky, Alternate.
ANNOUNCEMENTS AND COMMUNICATIONS
Chairman Baden introduced the new alternate.
Chairman Baden stated that there was a letter from the Planning Board to the Town Board for the comments on the Chapter 140 laws. Also, two letters were sent to the Zoning Board of Appeals stating that the Planning Board wanted to seek lead agency for Rondout Creek Solar, LLC and a letter for the area variance that Borrego Solar will need for the Airport Road property. Chairman Baden also added that a letter was sent to the Town Board about the subdivision for the Borrego Solar projects.
TRAININGS
Chairman Baden stated that there are three upcoming trainings. They were, waste water and septic, the county was putting a training for the new booklet, and the monthly meeting about water.
ACTION ON MINUTES
August 28th minutes were tabled.
Mr. Jones motioned to adopt the August 14thminutes. Ms. Linstrom seconded.
Motion carried. All in favor
7ayes, 0 nays, 0absent, 0 abstentions
2017-08 LLI New Application
Lot Improvement
Nathaniel Huggins and Kristin Monos/William Mazzaccz
Proposes transfer of ±2.0 acres between 2 contiguous parcels from Mazzaccz to Huggins
97 and 87 Krum Rd., SBL 68.3-3-23 and 68.3-3-22, R-2 and AP Overlay zoning districts
SEQRA: Type II Action
Nathaniel Huggins was present on behalf of the application.
Chairman Baden explained to the Board that there were two parcels on Krum Road and Mr. Huggins was acquiring two acres from his neighbor, Mr. Mazzaccz.
Chairman Baden stated that the application was a type 2 under SEQRA.
Ms. Collins motioned to accept the lot line improvement and to authorize Chairman Baden to sign the maps when received. Ms. Linstrom seconded the motion.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
2017-06 SBD Continued Application, Public Hearing
Minor Subdivision, Conservation Subdivision
2017-03 SPA Amendment to approve Site Plan 2010-02SPA
Vinci Farm LLC
Proposes 4 lot subdivision of a ±35.003-acre parcel with shared driveway.
Proposes amendment to Site Plan 2010-02SPA.
2-8 Old Pilgrim’s Way, SBL 76.1-1-22.112, AR-3 and AP Overlay zoning districts, located in Ulster County Agricultural District #3
SEQRA: Unlisted Action, Neg. Declaration, 8/14/2017
Chairman Baden opened the public hearing.
Chairman Baden noted that the Planning Board received a letter from Zali Win of Rondout Esopus Land Conservancy
Ms. Linstrom motioned to close the public hearing. Mr. DeWitt seconded the motion.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
Attorney for the Town Christiana stated that in the Town Code a conservation easement can be given to a home owners association, land trust, municipality. Environmental Conservation Law does not anticipate the easement going a homeowners association. Her recommendation was that part of the decision be that the Planning Board requires the applicant to get a conservation easement. They can go to the Town Board and see if they’re interested in holding the easement or the easement can go to a landtrust or anyone that would be qualified under New York State law to oversee Conservation Easement.
Chairman Baden noted that no matter who takes the easement the Town Board has to sign off on the terms of the Conservation Easement.
Findings of the Planning Board
1. The Planning Board received zoning referral for a Minor Subdivision from the Code Enforcement Officer. Required documentation, as detailed in this decision, was provided for review and the application was considered complete.
2. The application proposes subdivision of a ±33.78-acre parcel resulting in 4 lots, ± 15.57 acres, ±6.05 acres, ± 4.72 acres, and ±7.36 acres.
3. Applicants obtained a Use Variance adopted on April 13, 2010 from the Town of Rochester ZBA for requesting a recording studio to be established in the 40,000-sf barn pursuant to Section 140-66 of the Town of Rochester Zoning Ordinance as it is not permitted in an AR-3 District.
4. The Town of Rochester Planning Board granted Site Plan Approval to Vinci Farms, for the conversion of an existing +/-40,000 sf barn into an indoor recording studio situate at 8 Old Pilgrim’s Way off Clay Hill Road, Tax Map # 76.1-1-22.11, and in an AR-3 District of the Town of Rochester. Approval was adopted with decision PB 2010-02 SPA on June 15, 2010 with conditions.
5. The Planning Board determined an amendment to the Site Plan was required due to the parcel lot lines being changed with the subdivision and requested the applicant apply for Site Plan amendment by way of filing a formal application. The applicant complied.
6. The current use of the parcel is commercial and residential.
7. The parcel currently has improvements of a recording studio with 52 parking spaces, 4 single family dwellings, 7 horse shelters, a storage building, a shed, a concrete swimming pool, sidewalks, patio, 4 wells, 3 septic areas, solar panels, existing utilities, fences, and several gravel roadways.
8. New construction is proposed of a single-family dwelling with individual, private well and septic and individual driveway on proposed Lot 4. The Planning Board notes the driveway for proposed Lot 4 is indicated to be constructed off Old Pilgrim’s Way and is shown as being greater than 500’ from Clay Hill Rd. The Planning Board finds this distance will require fire truck pull offs to be constructed under the NYS Fire Code for access. The applicant will be requested to either create a pull off or to move the driveway location to within 500’ to meet Fire Code. The driveways of Lots 2 and 3 are pre-existing and not subject to this code.
9. The parcel is located in the AR-3 and AP Overlay zoning districts. Residential use is exempted from further AP Overlay review. The recording studio is pre-existing and proposes no changes.
10. Residential use is a permitted use in the AR-3 zoning district. The Board concludes Lots 1, 2, and 4, as proposed, meet or exceed the bulk standards requirements for residential use for the AR-3 zoning district upon review of the preliminary subdivision plan. Lot 3 contains 2 residential dwellings. As such, 6 acres would be required to meet or exceed the bulk standards requirements for residential use for the AR-3 zoning district. The applicant proposes 4.72 acres. Due to the inability to meet this requirement the applicant proposes to utilize a conservation subdivision design.
11. Pursuant to §125-23 of the Town of Rochester Subdivision code,
“A conservation subdivision is one where lots or dwelling units are clustered closer together on a tract with the specific objective of creating large usable sections of open space on the remainder of the property. Conservation subdivisions offer flexibility in design, facilitate the economical provision of streets and utilities and preserve open space. The Town of Rochester Planning Board shall be authorized, simultaneously with the approval of plans under this chapter, to apply the provisions set forth in this section for the purpose of accommodating conservation subdivision projects. Section 278 of the Town Law, including but not limited to §§ 3(b), is hereby superseded so as to permit the increases in density and reductions in lot sizes and other changes in bulk requirements required to accommodate conservation subdivisions as provided herein. Conservation subdivisions shall be allowed anywhere within the Town of Rochester. The Planning Board may authorize conservation subdivision, as a form of development, in those instances where conventional subdivisions or residential developments would cause significant loss of open space or otherwise result in significant negative environmental impacts, using the standards of §§ 125-22.A above as a guide.”
12. The Planning Board reviewed the criteria for conservation subdivisions
a. Conservation subdivisions shall ordinarily include at least five lots and 10 acres of contiguous land. The applicant proposes 4 lots; however, the Planning Board notes 17.5 acres of contiguous land will be placed in conservation easement.
b. The Planning Board shall apply conservation design criteria from §§ 125-22.A above to preserve vital open spaces identified in the Town Comprehensive Plan and related documents, while, at a minimum, maintaining the density allowed under the Town Zoning Law. The land is shown to be located in prime farmland and farmland of state-wide importance. The overall density of the subdivision of land would be 1 structure per 5.63 acres, almost double if the land were subdivided under normal AR-3 density.
c. No less than 40% of the gross acreage of any conservation subdivision shall be composed of open space. The Planning Board shall be authorized to modify development standards as provided below and grant a density bonus of 25% where 50% or more of the tract is preserved as open space and conservation subdivision is proposed. The applicant proposes to place 51.8% of the parcel in open space. The proposed open space includes a 100-ft. buffer along the frontage with Clay Hill Road, two ponds and approximately 10 acres of woodland. No area has more than 35% impervious cover. No individual parcel of open space is less than one acre
d. Single-family detached and two-family dwellings (at the same dwelling units per acre) shall be the preferred development employed in this concept. The applicant proposes 5 single-family dwellings to be located on 3 lots. No dwelling structure (single-family or two-family) is located on less than 32,670 square feet of land without both central sewer and central water facilities as per the requirements of the code. All front yards are greater than 20 ft. All side and rear yards are greater than 10 ft. All principal structures are separated by more than 40ft.
e. The open space resulting from conservation subdivision design shall be permanently protected through a conservation easement. This will be required by the Planning Board.
f. The Board reviewed the preliminary subdivision plat for design and environmental concerns and concludes the proposed parcel boundaries follow existing natural features, protects valuable farmland and open space, and utilizes existing improvements in a logical, beneficial manner. Therefore. Conservation subdivision is appropriate to be utilized in this application.
13. The Board reviewed if the proposed lots will have safe and legal access. The properties fronts Clay Hill Rd., a Town of Rochester maintained public roadway. The driveway is existing and the 4 lots will continue to utilize the driveway in a shared manner. As there is no requirement for this access to each lot, the Planning Board does not require a road maintenance agreement for this access, however recommends the applicant consider such if an easement is created and filed.
14. The Board concludes access to utilities is existing for lots 1,2, and 3. Access for utilities for lot 4 are easily achievable due to location of the existing utilities.
15. Lots 1,2, and 3 have existing approved well and septic. These will continue independently with the subdivision.
16. The Board reviewed if the proposed lot 4 could support water and septic. The applicant’s representative Medenbach & Eggers has indicated proposed individual well and septic. The Planning Board believes, based on the lot size, soil type, and preliminary plat information, that Lot 4 should be able to support well and septic. UC Dept. of Health or a licensed engineer’s certification will be required prior to final approval.
17. The parcel contains 2 ponds shown as ACOE wetlands. The Planning Board will require the applicant to adhere to any and all regulations and/or permits required concerning ACOE wetlands.
18. The parcel is located in the Ulster County Agricultural District #3. This is suspected due to the previous use as a horse property and riding arena. The parcel is no longer utilized for agriculture. An agricultural data statement was prepared and reviewed.
19. The application was referred to the Ulster County Planning Board. A “No County Impact” determination was returned for the Site Plan amendment. A “Required Modifications” determination was returned for the subdivision, requiring health department review and shared driveway easements. The Planning Board concurs with the Health Department requirement and disagrees with the access easement requirement as the shared access is the choice of the applicant and not required under the code as all lots have a minimum of 50’ of frontage on a public road.
20. The application was determined to meet the requirements of an Unlisted SEQRA action. A Negative Declaration was determined upon review.
Draft findings were prepared by the Chairman and were read, discussed, and amended by the Planning Board in public meeting at the time of adoption.
Adopted September 11, 2017 by the following vote:
Ayes: 7 Nays: 0 Absent: 0
Motion to adopt findings by Mr. DeWitt
Second by Mr. Grace
* * * *
Motion:
To accept comment 1 and to override comment 2 by supermajority vote the Ulster County Planning Board (UCPB) comments of “Required Modifications” for Subdivision approval as expressed in detail below due to the following reasons:
1. Health Department
Comment:
The subdivision will require the review of the Ulster County Health Department for waste and
drinking water.
Response:
The Planning Board agrees and will require Ulster County Health Dept. approval
2. Shared Driveway
Comment:
The final plat will need to indicate that access easements for each of the four lots along this common driveway have been established. A driveway maintenance agreement between each of the four lots should also be established.
Response:
Although the Planning Board agrees with the UCPB that access easements should be created as well as a maintenance agreement, the Planning Board notes each lot has or exceeds the required 50’ of road frontage on a public roadway as is mandated by the zoning code. As such, the Planning Board cannot mandate these easements or maintenance agreement as the applicant could construct individual access to each lot. The shared driveway, as proposed is for convenience of the applicant. The Planning Board suggests strongly to the applicant they initiate such measures as the UCPB has required, however the Town of Rochester Planning Board may not mandate such measures.
Therefore, the Planning Board rejects the mandate of the Required Modification.
Adopted September 11, 2017 by the following vote:
Ayes: 7 Nays: 0 Absent: 0
Motion by Ms. Lindstrom
Second by Mr. Williams
RESOLVED,The Town of Rochester Planning Board conditionally grants
Minor Subdivision via Conservation Subdivision -Conditional Final Approval
pursuant to §125-23 of the Town of Rochester Subdivision codepermitting the subdivision of lands situate at Old Pilgrim’s Way off Clay Hill Rd., known as SBL 76.1-1-22.112and located in the AR-3 and AP Overlay zoning districts, into 4 lots with the following conditions.
The subdivision plan, as dated June 26, 2017, to be revised as indicated below is approved with these conditions.
CONDITIONS of APPROVAL:
1. Applicant shall present a Final Plat for signature as amended to include these statements and information.
a. “This property may border a farm, as defined in Chapter 75 of the Town of Rochester Code. Residents should be aware that farmers have the right to undertake farm practices which may generate dust, odor, smoke, noise and vibrations and which may involve insecticides, herbicides, pesticides, etc.”
b. “This parcel has been identified as potentially containing land identified on the National Wetlands Inventory. Owners shall be noticed a permit may be required prior to any disturbance, construction, or other alteration in the designated area.”
c. The Final Plat shall include any and all language as is required to place the conservation subdivision portion of the land under permanent conservation easement. Such language shall be approved by the Attorney for the Planning Board and the applicant shall be responsible for all costs incurred by the Town in such review.
d. The driveway access to Lot 4 shall be moved to be within 500’ of the Clay Hill Rd. access to the parcel OR a pull off shown to the dimensions of the NYS Fire Code shall be added to the shared driveway Old Pilgrim’s Way.
e. The septic area for Lot 1 shall be indicated on the plat.
2. The open space resulting from conservation subdivision design shall be permanently protected through a conservation easement. The easement shall be titled to a land trust, municipality (if accepted by the governing body) or other public entity and placed under such management as to ensure the perpetual maintenance of the open space in its generally existing condition. Such land may be used for any open space purpose approved by the Town Planning Board, including farming, active or passive recreational use and similar activities that will effectively preserve open spaces and the existing landscape character, prior to the sale of any lots or dwelling units within the subdivision. The Town Board must approve the form of all conservation easements and may require the Town be designated therein as a party with rights to enforce such agreement.
3. The applicant’s engineer shall provide a letter or Ulster County Health Department certification shall be presented certifying lots 1, 2, and 3 will continue to support water and septic and Lot 4 has the capability to support water and septic.
4. An application and preliminary approval shall be secured for a Town of Rochester driveway permit for Lot 4 from the Town of Rochester Highway Superintendent. A copy shall be provided to the Planning Board.
5. All fees due to the Town of Rochester involving this application shall be paid in full prior to the Chairman’s signature on the Final Plat.
6. All required Local, County, State, or Federal permits shall be secured for the current and/or future use of these lands.
a. Specifically, a Town of Rochester building permit shall be secured prior to construction of the proposed dwelling on Lot 4.
b. Specifically, a Town of Rochester driveway permit shall be secured prior to construction of the proposed driveway on Lot 4.
c. Specifically, Ulster County Dept. of Health permit shall be secured prior to construction of the well and septic areas on Lot 4.
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 1-5. The Planning Board grants the authority to the Chairman to certify the conditions have been completed without further resolution and to sign and date the plat at such time.
EFFECT of APPROVAL:
1. This Conditional Final Approval shall expire 180 days from this approval date unless conditions 1-5 are satisfied by the applicant and the Final Plat is presented and signed by the Chairman. This period may be extended for additional 90-day periods upon application to and resolution by the T/ Rochester Planning Board.
2. 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.
3. The owner shall have the responsibility to return four (4) 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.
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 September 11, 2017, by the following vote:
Ayes: 7 Nays: 0 Absent: 0
Motion to adopt decision by Mr. Jones
Second by Ms. Lindstrom
2017-04 SUP Continued Application
Special Use Permit – Large-Scale Solar System
Town of Rochester (owner) and PV Engineers, PC (applicant)
Proposes a change of use and new construction on a ±30-acre parcel
Off Airport Rd., SBL 69.3-2-41.1, R-5 zoning district, Adjacent to Ulster County Ag District #3
SEQRA: Type I Action, Neg. Declaration, 7/6/2017
Mr. DeWitt and Mr. Jones recused themselves at 8:04PM. Alternate, Sam Zurofsky joined the Board at 8:04PM.
Tim Moot from Clark Patterson Lee was present for the meeting. Alex Farkes and Martin Zanghi were present on behalf of the application.
Mr. Farkes and Mr. Zanghi presented the application to Mr. Moot and the Board.
Chairman Baden stated that the Planning Board had reached out to the Town Board about the subdivision and the Town Board replied stating that they will handle the subdivision on their own and file it with the County. He also stated that since the last meeting he realized the inverters may need to be moved to meet the Town Code to 100 feet from the property line.
Ms. Linstrom asked how far from the federal wetlands the panels were.
Mr. Zanghi stated that they panels are nowhere near the wetlands.
Mr. Grace stated that the property was completely treed and showed concern about the run off and the wetlands.
Mr. Zanghi stated that the water will still flow into the wetlands. He also noted that they will have the SWPP ready by the next meeting.
Mr. Moot asked that based on the acreage if the applicant was planning on having a phasing plan and looking to do 5 acres at a time.
Ms. Linstrom asked why the panels aren’t going on top of the landfill because it would make more sense than cutting down all the trees.
Mr. Farkes stated that landfills are a lot more expensive to build and in New York there was no incentive for Solar companies to go after landfills because it would be more expensive.
Chairman Baden stated that the Planning Board was going to want to see a roadway profile of steepness for the access and if it would be suitable for construction vehicles and fire vehicles to get up to.
Mr. Farkes stated that the roadway was being surveyed at the moment and they will have more answers at the next meeting.
Chairman Baden noted that the application would not be ready for public hearing due to some of the unknown answers.
Mr. Zanghi stated that he will have the decommissioning plan, the O & M plan, the glare study, finalizing the SWPP, information about lighting and signage, a narrative letter and a letter about fire access.
2017-05 SUP Continued Application
Special Use Permit – Large-Scale Solar System
Town of Rochester (owner) and PV Engineers, PC (applicant)
Proposes a change of use and new construction on a ±67.16-acre parcel
6140 Route 209, SBL 76.1-3-17, AR-3 and AP Overlay zoning districts, Adjacent to Ulster County Ag District #3, NWI Wetlands, partial Prime Farmland on parcel
SEQRA: Type I Action, Neg. Declaration, 7/6/2017
Tim Moot from Clark Patterson Lee was present for the meeting. Alex Farkes and Martin Zanghi were present on behalf of the application.
Mr. DeWitt and Mr. Jones continued recusal of themselves. Alternate, Sam Zurofsky continued as a member of the Board.
Mr. Farkes and Mr. Zanghi presented the application to Mr. Moot and the Board.
Mr. Farkes noted that there were no access issues with the parcel, no trees being cleared.
Ms. Linstrom asked if the wetlands were State or Federal.
Mr. Farkes stated that they were Federal but they were isolated.
Chairman Baden stated that the prime farmland was located in the back which the Town will keep and was not in the area of the solar panels.
Ms. Linstrom asked if the parcel was previous a sand mine or still was.
Mr. Farkes stated that the Town was still mining it but the land was grassed over.
Chairman Baden stated that the Planning Board will need to see that the driveway/roadway had fire access.
Chairman Baden told the applicant that in order for the application to be sent to the Ulster County Planning Board, the Town of Rochester Planning Board would need to receive the decommissioning plan, updated SWPP, a written narrative about the whole operation and the lighting and signage that would be used by September 22nd.
Ms. Collins asked how rock, and bullet resistant the solar panels were and how they would know if the panel was working correctly.
Mr. Farkes stated that they are rock resistant and they are able to understand how much electricity the panel can produce with the amount of sun and the weather at any particular moment so they should know when the panels are broken.
Ms. Linstrom motioned to refer the application to the Ulster County Planning Board. Mr. Williams seconded the motion.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
Ms. Collins motioned to schedule the application for public hearing on October 12th, 2017 pending receipt of new correspondence by September 22nd, 2017. Mr. Williams seconded the motion.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
At 9:03pm Mr. DeWitt and Mr. Jones returnedto the Board. Mr. Zurofsky returned to alternate position.
2017-06 SUP New Application
Special Use Permit – Large-Scale Solar System
Fordemoor Solar LLC
Joseph Grasso (owner) and Cypress Creek Renewables (applicant)
Proposes a change of use and new construction on a ±25.32-acre parcel
Berme Rd., SBL 76.3-1-20, R-5 zoning district, contiguous to the Town of Wawarsing
SEQRA: TBD (tentative Type I Action)
Anne Whaling was present on behalf of the application.
Mrs. Whaling stated to the Board that Cypress Creek Renewables has community and utility scale solar farms. They currently have a lot of solar in production in Oregon and North Carolina. She stated that currently in New York, Cypress Creek Renewables have dozens of projects in the process of being permitted and constructed and 11 approved solar applications by the local boards.
Ms. Linstrom asked what towns the solar farms were in New York.
Mrs. Whaling stated that the closest solar farm was in the Kingston and Wallkill. She added that the majority of them were in western New York.
Mrs. Whaling stated that the project was a 2 mega-watt solar farm. She stated that the electricity will be sold to at or below market values directly to residence. She stated that usually with projects like this one, Cypress Creek Renewables will execute a pilot agreement with the municipality. She noted that they met all the setbacks, have provided a New York State fire code access road, and a SWPP.
Mr. DeWitt asked if the setback from the Town of Wawarsing line was the same as the normal lines.
Chairman Baden stated that yes, they were the same setbacks.
Ms. Linstrom asked if the property was farmland.
Chairman Baden stated that the property was well wooded.
Mr. DeWitt asked what kind of grass or flowers they plant under the solar panels.
Mrs. Whaling stated that they usually do a wildflower mix that does attract butterflies but that they are working on a bee pollinator program that they are doing in some of the agriculture areas.
Chairman Baden noted that he viewed the property on Ulster County Parcel Viewer and the property was not in the Agriculture District, not in any flood plains, no wetlands on the property. He expressed a concern about view shed from the Route 44/55 look out and he stated that he went up and looked down into the valleyto where the parcel is located and it appeared there was a rise in the topography and that the property could not be seen. He added that he would like for Cypress Creek Renewables to look a little more into it.
Mrs. Whaling stated that they have a tool that will do a desktop view shed analysis and basically pick any two plot points and they can plot exactly what will be seen from any point.
Chairman Baden stated that they would like for Cypress Creek Renewables to do the view shed from the lookout point of view.
Mr. Jones asked if they would consider finding out what the carbon emissions reduction replacementwas created somewhere else in the Town since so many trees are being cut down. Or by way of donation for future planting of trees to make up. He asked if they could look at the science behind all of that.
Mrs. Whaling stated that they would not agree right off the bat but they have an analysis that does show the fuel created without emissions actually offsets a lot more carbon reduction than the trees do.
Ms. Linstrom also asked if the applicant could look into that more.
Chairman Baden asked the Board if they wanted Clark Patterson Lee to review the application.
The Board stated that they would like to have Clark Patterson Lee to review it.
Chairman Baden reviewed the solar law with the applicant and Board.
Mr. Moot asked if they had any of Indiana bats on the property and how they would log the property.
Mrs. Whaling stated that they will do an analysis of the property and if the Indiana bats are on the property they’ll log and clear the property when the bats are not around.
Mr. DeWitt asked if they used security cameras and if so where.
Mrs. Whaling noted that they don’t usually use cameras or having lighting for the property unless there’s a problem.
Chairman Baden requested that at the access gate they put a lock box for the fire access. He also requested that any lighting or signage on the property be provided along with a narrative of the project and maintenance plan. He also requested that they should add a little more detail to their decommissioning plan.
Chairman Baden asked what the construction time frame was for the project.
Mrs. Whaling stated that the project would probably take 12 weeks. She stated that they could operate at certain times due to the homes around. She also stated that Cypress Creek Renewables could show the property line to the nearest home and the distance from the solar panels to the nearest homes.
Chairman Baden stated that there were not any inflammables.
Mrs. Whaling stated that they don’t have an issue with that but in some cases there was an issue so they do offer an emergency response plan and training for that plan to the local fire departments.
Ms. Collins motioned to preliminary classify the application as a type 1 under SEQRA with NYSERDA listed as an involved agency and Ulster County Planning Board, New York State DEC as interested agencies and to declare to seek lead agency. Mr. Williams seconded the motion.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
Roll call vote:
Chairman Baden: Yes Mr. Williams: Yes
Vice Chair Linstrom: Yes Mr. Jones: Yes
Mr. DeWitt: Yes Ms. Collins: Yes
Mr. Grace: Yes
The Board decided to wait on scheduling a public hearing.
Pre-application
Special Use Permit – Agricultural Processing Facility
Belliman LLC (owner) and Applestone Meat Co (applicant)
Proposes change of use to a USDA licensed Agricultural Processing Facility with retail storefront
5010 State Route 209, SBL 77.1-1-24.131, B and AP Overlay zoning districts
Barry Medenbach and Ollie Chanoff were present on behalf of the pre-application.
Mr. Medenbach stated that the property in discussion was next to the A&M hardware store. He stated that the owners had a special use permit for multiple types of retail use and has had various uses throughout the last few years. He added that prior to the most recent special use permit the building was used as a carpet store. He stated that at the moment the building was vacant and that Applestone was under contract to purchase the property and would like to operate their meat business there which would be very similar to the meat business they have next to the feed store in Accord already. He noted that the company would like to add some additions to the current building. He stated that they have already spoken with Mr. Davis and it was classified as an agricultural processing facility. He stated they are here to request amending the current site plan and obtaining the special use permit. He explained that the company wants to put a 24 foot addition in the front of the building and will make it look very nice, they also wanted to put a 40 by 110 foot addition on the back of the building which will be for coolers and equipment, they will create a better loading dock, there’s also a “notch” missing from the building on the west side of the building where they would fill in which was only 240 square feet. The total amount of square feet with the new additions would be 18,865 square feet, meaning they’re adding 6,600 square feet to the current building. He noted that in the back of the building they were planning on expanding the parking so they could have trucks turn around. Mr. Medenbach calculated the number of parking based on the maximum amount of employees and customers to be 30 parking spaces. He added that there will be small store front area where the vending machines will be like that other stores and the rest of the building will be processing.
Chairman Baden asked if the parking area was going to be totally paved or gravel because the gravel that was there from the last special use permit approval was all over grown.
Mr. Medenbach stated that he believes the gravel parking lot will get a lot more use than it did before. He noted that there will be trucks about twice a week and employees coming and going every day. He said that the septic system was back where the parking area would be and that they plan on taking it out and relocating it back further on the site so there will be a new septic system.
Chairman Baden asked if the retail area would stay in the front of the building like it currently was.
Mr. Medenbach stated that yes it would be.
Mr. Chanoff stated that there will be some office space. He added that the facility was USDA inspected and they have to have office space for the inspector who comes every day to make sure everything runs okay.
Chairman Baden asked if they’re doing poultry.
Mr. Chanoff stated that they are doing beef, pork and lamb with possibly poultry.
Ms. Linstrom asked if all the facilities were processing facilities.
Mr. Chanoff stated that both of the current facilities have processing and store fronts and that they are full animal butchers and they bring in whole animals and butchering them at the facilities. He added that they do not kill at the facilities so there were no live animals at the facilities. He noted that they will have one person for customer service from 11-6 every day to start.
Chairman Baden stated that since the facility would be 24 hour service so the parking lot will need to be lit 24/7.
Mr. Medenbach noted that just the front would have to be lit.
Chairman Baden stated that the Planning Board would like to see the area of coverage that would be lit.
Mr. Medenbach stated that they would probably do front of the building entrance lights due to the fact there might only be one or two vehicles at a time during the night.
Chairman Baden asked how the other facilities were lit.
Mr. Chanoff stated that the parking lots were smaller but that they have lights at the entrance and one overhead light for the parking lot.
Chairman Baden stated that the Ulster County Planning Board will definitely want to see the information on the lighting.
Mr. Chanoff stated that they are full animal butchers and they like to use everything from the animal that they can. They are producing hot dogs, sausages, bacon, ground beef and pet food with all the stuff that was left over. He stated that they will be making stock with bones. He noted that the intention was to throw out as little as possible and advance the processing capacity.
Mr. DeWitt asked where the animals came from.
Mr. Chanoff stated that the animals are all local. All the beef comes from one farm in Pine Plains at the moment and that they are sourcing the pigs and lamb through that farm currently.
Ms. Linstrom asked if the use was an accessory use.
Chairman Baden stated that it was not, It required a special use permit. He noted that he will have to check about the retail use being carried over from the existing approval with the CEO office. He believes they will be reviewing the processing aspect. He added that the application will need to be referred to the Ulster County Planning Board, the Department of Transportation and the Board of Health.
Pre-application
Site Plan – Agricultural Retail Sales
Steven Marshall and Vivian Kruppa (owner) and Colleen Kruppa (applicant)
Proposes new use of Barn Sale Marketwith vendor spaces, parking, and restrooms facilities
Old Whitfield Rd., SBL 69.3-1-27, AR-3, FD Overlay, and AP Overlay zoning districts, located in Ulster County Ag District #3, partially located in FEMA flood hazard area
Colleen Kruppa and Vivian Kruppa were present on behalf of the pre-application.
Ms. Kruppa explained that they would like to do a type of farmer’s market. She said that the idea came about because the area was such a great area but that there was no area around with a farmer’s market that isn’t in a parking lot. She said that other growers, and makers and farmers could come and sell their goods and encourage that whole feeling.
Ms. Collins and Ms. Linstrom stated that they thought it was an awesome idea.
Chairman Baden stated that it was referred to the Planning Board as agricultural retail sales.
Ms. Krupa stated that they will have fruits and vegetables and anything that can be handmade and has to do with farming such as health and beauty products. She stated that they don’t want flea market type things.
Chairman Baden asked if everything was going to be temporary structures.
Ms. Kruppa stated that there wouldn’t be any structures it would be more like tables and pop-up tents if the vendors wanted.
Chairman Baden stated that because of the proximity to the Rochester Creek he said that the market would need to be a minimum of 100 feet away from the creek.
Ms. Kruppa stated that the parking was off an existing farm road and was located well over 100 feet including the area where the vendors will be.
Chairman Baden stated that they will have to confirm with the Code Enforcement Officer but the road may need to be brought up to fire code standards. It will need to be able to sustain two-way traffic. He added that the parcel was a huge parcel that was located on both sides of the road. Total it is about 219 acres and that only this one small area would be used.
Ms. Kruppa stated that it will be located amongst gardens as well. The field was a corn and hay field. She stated that they would be open twice a month during growing season. She said that she hopes to get a lot of feedback from the Community because she’s doing it more for them.
Chairman Baden stated that if there will be food and drinks for sale the Board of Health will need to be involved.
Ms. Kruppa stated that they won’t be selling food and drink but if a vendor or seller came in and was selling baked goods or pesto would that fall on the land owner of the vendor themselves.
Chairman Baden stated that they will have to ask the Health Department how they felt about it and how the farm markets handle it. He believed that it was each individual vendor.
Ms. Collins stated that she knows if she went and sold their beef at a market she would be responsible for how it was kept.
Mr. DeWitt asked what kind of money they would charge for a space.
Ms. Kruppa stated that they weren’t planning on charging anyone money.
Chairman Baden stated that they will need to check with Mr. Davis, the Code Enforcement Officer about how it must comply because the public would be coming in.
He asked about bathroom facilities.
Ms. Kruppa stated that if it was necessary they would have port a potties available.
Chairman Baden stated that Ms. Kruppa or someone could draw up a to scale drawing of the area. He added that the application may have to be referred to the Ulster County Planning Board and other agencies that it would have to be sent to for comments. He added that the applicant will need to get a driveway permit from the Highway Department because it will be used for the public. He asked if there would be any live music or any noise.
Ms. Kruppa stated that it was not in their plan but that they would be open to anything.
Mr. DeWitt asked how close the nearest home was.
Ms. Kruppa stated that there was a house across Old Whitfield Road.
Chairman Baden stated that he will have to see how close they were to any historical property and if so it will need to be sent to SHIPO.
Ms. Kruppa asked if it was anywhere on the parcel or from the actual site.
Chairman Baden stated that he believed it was the whole parcel. He also asked if there would be any animal sales.
Ms. Kruppa stated that farmers market may be the right term it may be more of a barn sale. She stated that it would be any sales pertaining to farming, including feeds, hay and animals.
Chairman Baden stated that they definitely need to figure out the parking for the vendors and the public coming. He also stated that the vendors could always park across the road and park over there.
There were no more further questions.
OTHER MATTERS:
The Board discussed how they have to go over the checklist at some point.
Ms. Linstrom motioned to schedule a special meeting on September 25th 2017 to go over the checklist and to post notice of the meeting. Mr. DeWitt seconded the motion.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
Mr. DeWitt motioned to adjourn the meeting at 10:40pm. Ms. Linstrom seconded the motion.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
Respectfully submitted,
Shaye Davis, Secretary