The December Town Board Meeting was held on December 4, 2014 at 7:00pm at the Town of Rochester Town Hall.
PRESENT:
Supervisor Chipman Councilwoman Chachkin Councilman Drabkin
Councilman Spano Town Clerk Gundberg Attorney Christiana
ABSENT:
Councilwoman Fornino
PUBLIC COMMENT:
Barbara Fornal urged the Town Board to ban the pilgrim pipeline, There is serious catastrophic damage that can be caused by building this bi-directional pipeline.
Angela Dorris would like to see the ban as well. With such effort in cleaning the Rondout it would be a tragedy to have it become contaminated if there was any disasters with the pipeline.
Toby Stover stated she agreed with the last two comments and now that the Town of Rosendale has passed we need to send a message to Albany and law makers that we will not stand for this.
Phil Rose wanted to reiterate all previous comments. He stated that he was proud of the Town Board for passing the local law on Hydrofracking and feels that banning of the pipeline is a following up.
Jerry Wintrob stated that this pipeline is a real threat and we gain nothing from it!
APPROVAL OF MINUTES:
A Motion was made by Councilman Drabkin to approve the minutes of the 11/06/2014 Public Hearing on Chapter 125 (Subdivision) 11/6/2014 Public Hearing on Chapter 140 (Zoning) 11/6/2014 Public Hearing on the 2015 Budget, 11/6/2014 Regular Town Board Meeting, 11/25/2014 Audit Workshop Meeting.
Seconded by: Councilwoman Chachkin 4-0aye, motion carried
Fornino-absent
SUPERVISORS REPORT: filed
SUPERVISOR’S UPDATE /CORRESPONDENCE RECEIVED:
Supervisor Chipman updated the board on the files in the Assessor’s Office. He received the report from Whittaker and Associates & Servpro of the cleanup of the paper fibers on the records. All records have been cleaned and we are currently working on proper air circulation.
Supervisor Chipman also spoke on behalf of the clean-up of condemned properties. The old laundry mat located on Main St. Accord is still in the homeowner’s name. Ulster County will not place the property in their name because of a fear of contaminated soil seeing how it was a gas station years ago.
The HPC has concerns with the brick house and the Old Dutch Barn located on Route 209. Once the barn was condemned the CEO contacted INDY MAC bank and they are planning to meet with the CEO to save this historic barn. Another step in the right direction.
2 other locations mentioned were properties located off of Clayhill Rd and Samsonville Rd intersection and Gillis Edwards located on Route 209.
We are working on cleaning up the Town of Rochester.
LEGAL UPDATES:
Attorney Christiana signed the stipulation for Strategic Six and forwarded it to their attorney.
LIASION REPORTS:
Councilwoman Chachkin: HPC: 11/25 meeting; moving forward with the Alligerville Historic District. The State Preservation Commission is expected to review the report in the spring. Their next focus is the hamlet of Accord.
Planning Board: 12/11/14 joint meeting scheduled with the Town of Wawarsing Planning Board in regards to the Dollar General store.
Councilwoman Fornino: absent
Councilman Drabkin: ZBA: there was an area variance application filed for a property on Sundown Rd.
Councilman Spano: nothing to report.
Supervisor Chipman: youth commission: 11/21 was the Christmas tree lighting. It was well attended by both the children and the public. 12/13/14: the Senior Brunch at the Community Center from 10-11:30am and the winners for the friend of youth award are Dylan Kajkowski and Tana Miller. The Children’s Christmas party will begin at 12pm.
ECC: working on various projects with water quality. Supervisor Chipman stated that a
$ 10,000.00 grant was received towards the inventory of the Rondout from NYSDEC.
Rail Trail Task force: progress is being made, working on the mapping of the missing link of the trail. Hopefully by spring Supervisor Chipman will have more to report.
NEW/OLD BUSINESS:
Attorney Christiana addressed the board with questions for SEQRA parts 2&3
AMENDING CHAPTER 125 OF THE TOWN OF ROCHESTER CODE:
Resolution # 116-2014:
A Motion was made by Councilman Drabkin to approve parts 2 & 3 of SEQRA review and declaring that there is no significant environmental impact to the subdivision amendments.
Seconded by: Councilwoman Chachkin
ROLL CALL VOTE:
Councilwoman Chachkin aye
Councilman Drabkin aye
Councilman Spano aye
Supervisor Chipman aye 4-0aye, motion carried
Fornino Absent
AMENDING CHAPTER 140 OF THE TOWN OF ROCHESTER CODE:
Resolution # 117-2014:
A Motion was made by Councilman Drabkin to declare that there is no significant environmental impact in the Zoning Amendments.
Seconded by: Councilwoman Chachkin
ROLL CALL VOTE:
Councilwoman Chachkin aye
Councilman Drabkin aye
Councilman Spano aye
Supervisor Chipman aye 4-0aye, motion carried
Fornino Absent
OVER RIDE OF ULSTER COUNTY PLANNING BOARD COMMENTS IN REGARDS TO LOCAL LAW # 1-2014: SUBDIVISION & LOCAL LAW # 2-2014: ZONING:
Resolution #118 -2014:
WHEREAS the Town of Rochester Town Board is considering passage of amendments to the Town Zoning Law and the Town Subdivision Law; and
WHEREAS, as part of the process for the consideration of such laws the proposed laws were referred to the Ulster County Planning Board (UCPB) for recommendation; and
WHEREAS, the UCPB has issued required modifications for each law, and
WHEREAS the Town Board wishes to override required recommendations of the UCPB;
BE IT RESOLVED that the UCPB are overridden as follow:
1. UCPB REFERRAL NO: 2014-138
SUSTAINABILITY overridden based on the fact that the required modifications were already included in Sections 140-4 Definition of Energy Efficient Building; 140-13 (G) Solar Energy; and 140-45 (E) Waivers.
REFERRALS overridden based on the fact that this provision of law is contained in the County Charter and hence it is not necessary to include same in the local Zoning Chapter.
2. UCPB REFERRAL NO : 2014-137
SUSTAINABILITY overridden as these matters are already contained in our Zoning Law as outlined above;
CONSERVATION SUBDIVISIONS overridden as the board does not feel it necessary for the Town of Rochester which contains large parcels of land. Only one conservation subdivision has been proposed in the Town since 2009, and same has not been actively pursued.
RESUBDIVISION is overridden as the language is already contained in the definition for “ subdivision, re-subdivision of land” already contains this language and re-subdivision is further contained in the definition of “Plan”.
BICYCLE AND PEDESTRIAN ACCESS overridden as the Town already has provisions appropriate and sufficient for the character of the Town of Rochester. Specifically see Sections 125-22(A) and (C); 125-23(G); and 125-29(I).
REFERRALS overridden based on the fact that this provision of law is contained in the County Charter and, hence, is not necessary in the Subdivision Chapter.
CUL-DE-SACS overridden as this modification is not appropriate for the Town of Rochester and see Section 125-22(F).
Resolution # 119-2014:
A Motion was made by Councilman Drabkin to approve the following overrides with reasoning’s listed above.
Seconded by: Councilwoman Chachkin 4-0aye, motion carried
Fornino Absent
LOCAL LAW # 1-2014: AMENDING CHAPTER 125- SUBDIVISION:
Resolution # 120-2014:
A Motion was made by Councilman Drabkin and Seconded by Councilwoman Chachkin that;
WHEREAS, the Town Board has been undergoing a review of its subdivision regulations for well over a year’s time; and
WHEREAS, that the Town Board feels it’s necessary to amend the Town’s subdivision laws; and
WHEREAS, the Town Board has prepared amendments to our subdivision law which comport with the Comprehensive Plan; and
WHEREAS, proposed amendments to our subdivision law have been presented to the Town Board; and
WHEREAS, the proposed amendments to our Subdivision Law were distributed to the Towns of Olive, Denning, Gardiner, New Paltz, Marbletown, and Wawarsing, as well as to the Ulster County Clerk, The Ulster County Planning Board, the Town of Rochester Planning Board, the New York State Department of Transportation, the Palisades Interstate Park Commission, the Ulster County Legislature and the New York State Department of Agriculture and Markets, No Comments were received by any of these agencies with the exception of the recommendations of the Ulster County Planning Board and NYS Department of Agriculture and Markets.
WHEREAS, a duly noticed public hearing has been held in accordance with law; and
WHEREAS, the proposed subdivision Amendments were forwarded to the Town Planning Board and the Ulster County Planning Board for their respective recommendations; and
WHEREAS, the Town Planning Board has not provided a recommendation, and the requisite time for the receipt of such recommendation has passed; and
WHEREAS, the Ulster County Planning Board has set forth required modifications in its recommendation; and
WHEREAS, this Board has overridden the required modifications, by resolution adopted by the Town Board on December 4, 2014 and incorporated herein by reference; and
WHEREAS modifications have been made in the revision of the Subdivision Law, in response to comments and input received from the community during the public hearing process;
WHEREAS, a negative declaration has been declared pursuant to SEQRA on December 4, 2014
WHEREAS, Local Law # 1-2014, in its final form, had been on the desks of the Town Board members since November 25, 2014;
IT IS HEREBY RESOLVED that the Town of Rochester Town Board does enact Local Law # 1 of the year 2014, entitled, “ A Local Law amending Chapter 125 of the Code of the Town of Rochester, entitled “ Subdivision of Land”; and
BE IT FURTHER RESOLVED that the law shall take effect upon filing with the Secretary of State.
4-0aye, motion carried
Fornino Absent
AMENDMENT OF RESOLUTION
Resolution # 121 -2014:
A Motion was made by Councilman Drabkin to amend former resolution excluding New York State Agriculture and Markets in comment recommendations.
Seconded by: Councilwoman Chachkin 4-0aye, motion carried
Fornino Absent
LOCAL LAW # 2-2014: AMENDING CHAPTER 140-ZONING:
Resolution # 122-2014:
A Motion was made by Councilman Drabkin and Seconded by Councilwoman Chachkin that;
WHEREAS, the Town Board has been undergoing a review of its zoning regulations for well over a year’s time; and
WHEREAS, that the Town Board feels it’s necessary to amend the Town’s zoning laws; and
WHEREAS, the Town Board has prepared amendments to our zoning law which comport with the Comprehensive Plan; and
WHEREAS, proposed amendments to our zoning law have been presented to the Town Board; and
WHEREAS, the proposed amendments to our Zoning Law were distributed to the Towns of Olive, Denning, Gardiner, New Paltz, Marbletown, and Wawarsing, as well as to the Ulster County Clerk, The Ulster County Planning Board, the Town of Rochester Planning Board, the New York State Department of Transportation, the Palisades Interstate Park Commission, the Ulster County Legislature and the New York State Department of Agriculture and Markets, No Comments were received by any of these agencies with the exception of the recommendations of the Ulster County Planning Board and NYS Department of Agriculture and Markets.
WHEREAS, a duly noticed public hearing has been held in accordance with law; and
WHEREAS, the proposed Zoning Amendments were forwarded to the Town Planning Board and the Ulster County Planning Board for their respective recommendations; and
WHEREAS, the Town Planning Board has not provided a recommendation, and the requisite time for the receipt of such recommendation has passed; and
WHEREAS, the Ulster County Planning Board has set forth required modifications in its recommendation; and
WHEREAS, this Board has overridden the required modifications, by resolution adopted by the Town Board on December 4, 2014 and incorporated herein by reference; and
WHEREAS modifications have been made in the revision of the Zoning Law, in response to comments and input received from the community during the public hearing process;
WHEREAS, a negative declaration has been declared pursuant to SEQRA on December 4, 2014
WHEREAS, Local Law # 2-2014, in its final form, had been on the desks of the Town Board members since November 25, 2014;
IT IS HEREBY RESOLVED that the Town of Rochester Town Board does enact Local Law # 2 of the year 2014, entitled, “ A Local Law amending Chapter 140 of the Code of the Town of Rochester, entitled “ Zoning”; and
BE IT FURTHER RESOLVED that the law shall take effect upon filing with the Secretary of State.
4-0aye, motion carried
Fornino Absent
GRAY CREEK DESIGNATION:
Richard Gray submitted a letter of request asking the Town of Rochester Town Board for support in nominating an unnamed brook that has been located on Gray family land for 200+ years.
Resolution #123 -2014:
A Motion was made by Councilman Spano to support the nomination of Gray Creek and furthermore stating that no local opposition exists.
Seconded by: Councilwoman Chachkin 4-0aye, motion carried
Fornino- Absent
ALLIGERVILLE HISTORIC DISTRICT:
Resolution # 124-2014:
A Motion was made by Councilman Spano and Seconded by Councilwoman Chachkin that;
WHEREAS the Town of Rochester Town Board recognizes the significance of the Alligerville Historic District as presented by Neil Larson of Larson Fisher Associates; and
WHEREAS the Town of Rochester Town Board recognizes the importance of preserving and promoting the historic past of our Community; and
WHEREAS there has been no opposition voiced to the creation of the Alligerville Historic District by residents; and
WHEREAS the Town of Rochester Town Board believes that our Town is very fortunate to have such historical treasures in Alligerville and that these treasures should be protected and preserved for the enjoyment and education of our heritage for future generations
BE IT RESOLVED that the Town of Rochester Town Board supports the nomination of the Alligerville Historic District and hopes that process of creating this historic district is handled as expediently as possible.
BE IT FURTHER RESOLVED that the Town of Rochester Town Board expresses its appreciation to members of the Town of Rochester Historic Preservation Commission and Neil Larson of Larson Fisher Associates for efforts on this project.
4-0aye, motion carried
Fornino-absent
PILGRIM PIPELINE:
Resolution # 125-2014:
A Motion was made by Supervisor Chipman and Seconded by Councilwoman Chachkin that;
WHEREAS the Town of Rosendale and New Paltz are neighboring municipalities to the Town of Rochester;
WHEREAS, New York is a “ Home Rule State” and each municipality has the right and responsibility to determine whether or not certain activities should be allowed within their respective borders; and
WHEREAS the Towns of New Paltz and Rosendale have the right to determine that the potential hazards of the proposed Pilgrim Pipeline running through their towns outweigh the potential benefits to their communities and have passed resolutions calling upon the NYS Thruway Authority to reject use of its right of way for the purpose of construction said pipeline and further have called upon the NYS Department of Transportation to deny an exception to its Accommodation Plan for said purpose.
BE IT RESOLVED that the Town of Rochester Town Board hereby affirms both the Towns of Rosendale and New Paltz right to self-determination of activities within their borders and asks that consideration of such be taken.
4-0aye, motion carried
Fornino Absent
SALE OF THE 2015 TRANSFER STATION:
Resolution #126 -2014:
A Motion was made by Councilman Drabkin to approve the sale of the 2015 Transfer Station permits. Resident permits are $ 35.00 and non-resident permits $ 70.00.
Seconded by: Councilman Spano 4-0aye, motion carried
Fornino Absent
PUBLIC COMMENT PERIOD:
Troy Dunn stated that he felt as though the Pilgrim Pipeline resolution was premature. He feels that the information should be given to the public to review the facts, because he felt a lot of things presented to night were based on emotion and fiction. He has lived in states that have successfully transported oil through pipeline, there is still a risk but this is a safer risk to take rather than train or boat.
Supervisor Chipman wanted to clarify that the resolution was to support home rule not the pilgrim pipeline.
Mr. Dunn stated that he agrees with home rule but found it peculiar that it was tied into the pipeline resolution.
ADJOURNMENT:
A Motion was made by Councilman Drabkin to adjourn the meeting at 8:17pm.
Seconded by: Councilwoman Chachkin 4-0aye, motion carried
Fornino-absent
Respectfully Submitted,
Kathleen A. Gundberg
Town Clerk