Planning Board Minutes August 13th, 2018

PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434

MINUTES OF August 13th, 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 Patrick Williams
Rick Jones Alonzo Grace
Laurence DeWitt
Sam Zurofsky
Brian Buchbinder

Also present:
Shaye Davis, Secretary. Zorian Pinsky, Alternate. Mary Lou Christiana, Attorney for the Town.

ANNOUNCEMENTS AND COMMUNICATIONS
Chairperson Lindstrom mentioned that there had been no discussion by the Town Board regarding the Solar Law. She added that the EEO Plan had been approved by the Town Board.

ACTION ON MINUTES
Chairman Lindstrom motioned to accept the July 9th and June 16th, 2018 Planning Board Minutes. Mr. DeWitt seconded the motion.
All in favor. Motion carried.
5 ayes, 0 nays, 2 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)

There was no one present on behalf of the application.

The Board reviewed the lot line improvement. While looking at the map they noticed that the surrounding neighbors were not pointed out or shown on the map along with the Town’s note for lot line improvements was not in the comments as well.

Since no one was present on the map was not complete the Board did not certify the lot line improvement and asked the secretary to reach out to the Surveyor about the changes to be made.

Pre Application: Special Use Permit and Site Plan Approval
Multiple Permitted Uses/Mixed Use activities (pursuant to 140-10) multifamily dwellings and office/retail (140-26).
Proposes the construction of a 1,500 sq. foot single family dwelling and the construction of a 4,380 sq. foot commercial building with 5 apartments above totaling 3,900 sq. ft.
S/B/L 69.3-3-25-120 and S/B/L 69.3-3-25-110 (10.93 acres).
Located at 4797 Route 209 Accord, NY B zoned.
SEQRA: TBD

Alex Kambouris was present on behalf of the pre application.

Mr. Kambouris stated that he would like to construct a building with 5 retail spaces on the bottom and 5 apartments above the retail space. He also stated that he would like to put a house for his daughter on the property as well.

Attorney for the Town Christiana stated that since it’s a multiuse she would have to look into how this type of project would be processed as due to the Town Code stating it would need subdivision approval.

Chairperson Lindstrom stated that they would reach out to Mr. Kambouris when they figured out the answer.

The Board had no further discussion or comments.

At 7:25PM Mr. DeWitt and Mr. Jones recused themselves. The alternate, Mr. Pinsky was seated to the Board.

2017-05 Site Plan Amendment
Amendment of Existing Site Plan
Special Use Permit – Large-Scale Solar System
Town of Rochester (owner) and PV Engineers, PC (applicant)
Amendment of site plan to increase setbacks from property line by elimination of subdivisions on Site Plan and Special Use Conditional Approval of Large Scale Solar Production Facility on a ±67.16-acre parcel at 6140 Route 209, SBL 76.1-3-17, AR-3 and AP Overlay zoning districts, Adjacent to Ulster County Ag District #3, NWI Wetlands, and partial Prime Farmland on parcel
SEQRA: Type I Action, Neg. Declaration, July 6th, 2017

Emilie Flannigan was present on behalf of the application.

Ms. Flannigan explained that they were able to make some minor changes to the site plan. She explained that they no longer had to do the subdivision therefore they did not have to meet the setbacks for the subdivision line and are able to move the solar panels closer and 1 row further away from the closest neighbors.

The Board discussed if it was necessary to have a public hearing.

Mr. Buchbinder motioned to waive the public hearing as it was not necessary. Mr. Pinsky seconded the motion.
All in favor. Motion carried.
5 ayes, 0 nays, 2 absent, 0 abstentions

The Board read the decision.

Findings of the Planning Board with review of the updated application:

1. The Planning Board received a request by the applicant Borrego Solar to amend their existing approved site plan for the large scale solar facility located at 6140 Route 209, Kerhonkson, NY. The applicant, in discussions with Central Hudson, determined it possible to not subdivide the property into 3 parcels for the installation of the solar facility and, therefore to remove all proposed subdivisions.
2. Pending affirmative results from geotechnical study, the proposed removal of the subdivision and related required lot line setbacks, wetlands setbacks and fencing shall allow the applicant to move some solar arrays and increase the lot line setbacks at some of the exterior periphery of the solar facility. Only one exterior chain link fence will be necessary with the revised site plan and the proposed changes will allow the applicant to relocate one to two solar array rows from the southern lot line.
3. No changes to any details, landscaping, grading, stormwater management, or the SWPPP are proposed.
4. The Planning Board received a written request from the Applicant to waive the Public Hearing. The Planning Board voted and granted the waiver of Public Hearing in light of the revised/amended site plan representing improvements to existing conditions, most notably for the abutting residences on the southern periphery.

Adopted August 13, 2018 by the following vote:
Ayes: 4 Nays: 0 Absent: 2

Motion by Mr. Buchbinder
Second by Mr. Pinsky

* * * *

RESOLVED,

Pursuant to the standards of Town of Rochester code §140, Zoning, the Town of Rochester Planning Board has reviewed the application presented and grants Site Plan, Final Approval for the amended Site Plan for the parcel situated at 6140 Route 209, known as S/B/L: 76.1-3-17.

Effect of Approval:

1. This Site Plan approval and associated conditions shall be binding upon the applicant and all successive owners and/or lessees of the land so long as such use shall occur.
2. Any and all fees due to the Town of Rochester involving this application shall be paid in full prior to the Chairman’s signature on the Site Plan.
3. This approval shall remain effective as an authorization to secure the required permits and establish the use for a maximum of one year from this date of approval unless the applicant shall have submitted written request and the Planning Board shall have adopted such resolution granting an extension and provided the applicant has submitted proof of having diligently pursued the implementation of the plans.
4. All requirements, conditions and statements, adopted 5/14/2018 by the Planning Board, remain in force, with the exception of condition 3: “submission of Subdivision Plat must be submitted to the Town of Rochester Town Board, and upon agreement with such plan, shall cause a copy to be filed with the Ulster County Clerk.” Condition 3 is hereby declared null and void.
5. The Applicant shall present a Final Plat for signature as amended to reflect any and all modifications.

The Town of Rochester Planning Board grants the authority to the Chairman to certify Conditions 2 and 5 have been completed without further resolution and to sign and date the plat at such time. This Final Approval shall expire 180 days from this approval date unless condition 2 is satisfied by the applicant and the Final Plat is presented and signed by the Chairman. This period may be extended for two additional 90 day periods upon application to and resolution by the T/ Rochester Planning Board.

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 August 13th, 2018 by the following vote:
Ayes: 4 Nays: 0 Absent: 2

Motion made by Mr. Buchbinder
Second by Mr. Pinsky

At 7:41PM Mr. DeWitt and Mr. Jones returned the Board and the Alternate, Mr. Pinsky left the Board.

2018-08 SUP Public Hearing/Continued Application
Site Plan & Special Use Permit
Tri State Hardwoods (owner & applicant)
Proposes expansion of existing use by addition of a debarker with associated 40’ x 40’ concrete pad on existing log storage yard. +/- 12.86 acre parcel located at 4106 Route 209 Accord, NY, SBL 69.003-2-14, B zoning district,
SEQRA: TBD

Ted Peck was present on behalf of the application.

Chairperson Lindstrom explained the decibel readings to the Board, Mr. Peck chimed in with more explanation.

Chairperson Lindstrom stated that she had reached out to Mr. Davis, the Code Enforcement Officer about if the pad and de-barker were looked at as one use. She stated that Mr. Davis told her they were one use together.

The Board stated that they would like to see the decibel reading’s marked out on the site plan where they were taken from.

Chairperson Lindstrom motioned to type the application as an unlisted action under SEQR. Mr. DeWitt seconded the motion.
All in favor. Motion carried.
5 ayes, 0 nays, 2 absent, 0 abstentions

Mr. Jones motioned to declare a negative declaration under SEQR. Mr. Zurofsky seconded the motion.
Roll Call:

Chair Lindstrom: Yes Mr. DeWitt: Yes
Mr. Jones: Yes Mr. Buchbinder: Yes
Mr. Zurofsky: Yes

All in favor. Motion carried.
5 ayes, 0 nays, 2 absent, 0 abstentions

Mr. DeWitt motioned to close the public hearing. Mr. Buchbinder seconded the motion.
All in favor. Motion carried.
5 ayes, 0 nays, 2 absent, 0 abstentions
The Board read the decision.

Findings of the Planning Board with review of the amended application
5. The Planning Board received a zoning referral to expand an existing use for a Special Use Permit, Planning Board Decision 2001-01 to add a debarker and 40 x 40’ concrete support pad to an existing log storage yard.
6. The Planning Board further received a Site Plan and Special Use application, EAF, and related documentation from the applicant, cited above.
7. The applicant stated there will be no physical changes to the existing parcel/Site Plan beside the addition of the concrete pad (with debarker machinery on top).
8. The parcel is located in the ‘B’ zoning district and the use(s) proposed have been determined to meet or exceed the Schedule of District regulations pursuant Town of Rochester zoning code.
9. The parcel is approximately +/- 12.86 acres and is known as S/B/L 69.3-2-14
10. The applicant submitted a new site plan to reflect the additional use.
11. The Board discussed if the use would be for 2 uses (pad and debarker separately) or one new use (pad and debarker jointly) or one new use (the pad only). The Chair consulted with the CEO and it was determined, that, as the debarker is stationary on the pad, it would be considered a “joint” one new use of both pad and debarker.
12. The Board discussed the potential for increased noise from the running of the debarker. The Board asked the applicant to consult with the debarker manufacturer to determine if the manufacturer had decibel readings for the debarker. The manufacturer responded verbally and by letter that they did not have this data. Subsequently the applicant visited a working debarker at another site and took sound (decibel) reading from 25 and 100 feet. These readings were compared to sound readings taken at the periphery of the parcel in question. Sound levels of the operational debarker from 100 feet were found to be in the low to mid eighty decibel range. The periphery ambient sound at the property boundaries (and especially on the Route 209 boundary) varied substantially in all of the readings depending on passing traffic, with an average of 78.6 decibels and a maximum of 89.9 decibels at the Route 209 lot line. For the remaining property boundaries ambient noise levels were recorded with averages of 64.3 (maximum 78.2) and 59.6 (maximums of 67.8). The Board determined that the additional sound from the operational debarker would not violate town zoning code 140-20 Noise for a Business zoned property when taking into account existing noise generators as per 140-20 F (2). Existing noise generators on the property include intermittent chainsaws and intermittent logging trucks conducting the loading and de-loading of logs. Intermittent debarker noise at the property line should not be substantially higher than the intermittent property line noise from traffic and existing operations. NB, all property boundaries are more than 100 feet from the proposed debarker location. A restriction of operations of the debarker to weekday business hours and Saturday mornings between the hours of 8:00 AM and noon shall be a condition of the use to further mitigate potential noise impacts.
13. The amendment was classified as an unlisted/uncoordinated action under SEQRA. A negative declaration was made. No further review was required or conducted.
14. A public hearing was held August 13th, 2018.

Draft findings were prepared by the Chairman and were read, discussed and amended by the Planning Board at a public meeting.

Adopted August 13th, 2018
Ayes: 5 Nays: 0 Absent: 2

Motion to adopt findings by Mr. DeWitt
Second by Mr. Buchbinder
* * * *
Motion:
To accept the Ulster County Planning Board comment of “Required Modifications” dated 8/1/2018 which have been addressed as follows:

1. Noise
Comment:
The Town Planning Board has requested a decibel reading from the manufacturer of the equipment, but the response has yet to be provided.
Required Modifications:
Decibel levels will need to be established and per the Town’s zoning statute. Noise should comply with the findings found in the NYS DEC Noise Guidelines. If necessary, hours of operation should be set to reduce off-site noise.
Response:
The applicant contacted the manufacturer and a letter is on file from the manufacturer stating that they do not have decibel readings for the debarker. The applicant took sound readings of an active debarker and of the ambient sound levels of the parcel at the lot lines and at interior locations. Any necessary sound mitigation measures shall be a part of the final site plan.

Adopted August 13th, 2018
Ayes: 5 Nays: 0 Absent: 2

Motion to adopt findings by Mr. Jones
Second by Mr. Buchbinder

* * * *

RESOLVED,
The Town of Rochester Planning Board grants Special Use -Conditional Approval to Tri State Hardwoods, Inc. expanding an existing use for SUP PB 2001-01 for the lands situate at Route 209, Accord, NY, known as S/B/L 69.3-2-14, and located in the ‘B’ zoning district to include the use of a debarker with associated cement support pad.

The Town of Rochester Planning Board grants Site Plan -Conditional Approval to Tri State Hardwoods, Inc. expanding an existing use for SUP PB 2001-01 for the lands situate at Route 209, Accord, NY, known as S/B/L 69.3-2-14, and located in the ‘B’ zoning district to include the use of a debarker with associated cement support pad.

The amended Site Plan dated August 2018 is approved with the following conditions.

CONDITIONS of APPROVAL for the AMENDED APPLICATION:

1. All conditions of decision PB 2001-01 SUP/SPA remain in force with this amended approval.
2. Any and all fees due to the Town of Rochester involving this application shall be paid in full prior to the Chairman’s signature on the Site Plan.
3. Any deviation from or amending of the approved and signed Site Plan shall require resubmission to the Planning Board, except as may be permitted as determined by the Code Enforcement Officer.
4. All Local, County, State, and Federal Laws or Codes shall be complied with for the current or future use of these lands.
5. The additional use of a debarker shall be limited to weekdays during business hours and Saturdays 8:00 AM to 12:00 PM (noon).
6. The applicant shall secure necessary building permits.
7. The applicant shall submit a revised site plan noting (a) the addition and siting of the new use (debarker), (b) the numeric decibel readings taken noted at recorded locations inclusive of debarker and (c) correcting zoning districts and noting all abutting properties.

The Town of Rochester Planning Board further grants the authority to the Chairman to certify condition 2 and condition 7 have been completed without further resolution and to sign and date the plat at such time.

EFFECT of APPROVAL:

1. This Special Use and Site Plan approval and associated conditions shall be binding upon the applicant and all successive owners of the land so long as such use(s) shall occur.
2. This approval shall remain effective as an authorization to secure the required permits and establish the use(s) for a maximum of one year from this date of approval unless the applicant shall have submitted written request and the Planning Board shall have adopted such resolution granting an extension and provided the applicant has submitted proof of having diligently pursued the implementation of the plans.

Draft resolution was prepared by the Chairman and was read, discussed and amended by the Planning Board.

Adopted August 13, 2018, by the following vote:
Ayes: 5 Nays: 0 Absent: 2

Motion made by Mr. DeWitt
Seconded by Mr. Buchbinder

2017-02 SUP/SPA Continued Application
Site Plan & Special Use Permit – Resort
Inness NY LLC owner, Sommer Partners, LLC applicant
Proposes expansion of existing use (new construction and modification/change of use) of a ±137 acre parcel at 10 Bank Street, Accord, NY, SBL 77.1-1-1, AR-3 zoning. AP Overlay & FD overlay zoning districts. Adjacent to Ulster County Ag District #3, contains NWI Wetlands, State Freshwater Wetlands, is within 500 ft. of a National Historic Register property, and within 500+ ft. proximity to a state habitat core.
SEQRA: Type I, Neg. Dec. July 9, 2018

Mr. Ricci and their Attorney, Mr. Moriello were present on behalf of the application.

Chairperson Lindstrom read notes that points she had made to the Board and the audience. She then opened the meeting for public comment.

Jon Nedbor stated that he had he had concerns with fire safety. He stated that he did not think there were sprinkler systems in the barn and the doors should be push open and the doors they have are sliding doors with the tables blocking the doorways. He stated that the liability would fall onto the Town. He noted the he attend an Ulster County Planning Board Meeting where the Ulster County Planning Board voted on making it a one year permit.

Chairperson Lindstrom stated that the Planning Board has the right to override the Ulster County Planning Board.

Zach Layton stated that noise frequencies travel further if the doors are open. He stated that the barn would be become a resonator and the sound would become more powerful and the frequencies would travel farther. He suggested to keep the doors shut at all times and to put money back into the barns infrastructure to help with the sound. He stated that he has been there on the weekends and had heard the noise at his home with the windows shut. He stated that there were companies that would help and do acoustical assessments. He suggested it would help with the noise issue. He also added that it was wonderful that non-profit organizations could use the barn.

Sal Matera told the Board some of the history of the application. He stated that it took the Planning Board a very long time to come to an agreement for the event space. He stated that it was approved and mandated that the owners had to put sound barriers up to help with the noise. He stated that the Board comes up with very good measures to help the residents. He stated that decibels were not the point of the issues. He stated that if there was amplified noise inside the barn the doors had to be shut. He stated that he cannot prove that the people were shocked by the noise and called the state police. He stated that the police came and asked for the music to be turned down and the Crested Hen turned the music down but a few minutes later turned the music right back up again. He continued to say that the barn doors were not being closed at all times. He stated that when the doors are open the people a half mile away hear the music like they’re right there. He goes on about how the Crested Hen was allowed 12 events per year. It didn’t matter if they were paying or not, just 12 events per year. He stated that the Crested Hen would comply with all the conditions that were set. He stated that they had showed pictures and reported the loud noise to the Town of Rochester Officials. He stated the Town would not hear him out. He stated that when he reached out to Mr. Davis he got a one line response stating that the Crested Hen was in compliance.

James Yeara stated that he was new to the neighborhood but he has been affected by the music. He stated that he had written complaints to the Code Enforcement Officer about the noise. He stated that he was curious of how the owners of the property were responsible for the decibel readings. He stated that it didn’t seem to make much sense because the neighborhood is hearing the loud noise. He said he would like to listen to the quiet of the nature surrounding him.

Nora Fingold stated that other people had made the points that she was going to make. She stated that she did not know that non-profit organizations were allowed to have events there and it not be counted towards the 12 events a year. She asked questions about tax deductions and promotions the Crested Hen gets for the non-profit organizations. She asked how many non-profit events are they allowed to have. She stated that they already seen events every weekend from June to September last season. She stated that there was a patio that has the bar outside the barn that is 16 feet wide and that side of the barn is the ones who are affected most by the noise. She stated that no one from around there had been invited there. She stated the patio area is open and not closed and is facing the river. She stated that she saw an advertisement for a wedding stating that there was a bonfire after the wedding. She stated that she thought people were to be out of there by midnight. She also stated that there was never a discussion about a bonfire during the original application.

Nora Fingold read Kristen Johnson’s letter to the Board. She stated that she was one of the people that called the State Police. She read that she had been a part time resident for nearly 14 years. She stated that it was a place to relax for her family. She stated in the last year and a half they had been effected by the loud music and screaming. She stated that the officer asked to come into the home and that the police understood why they had called the police.

Todd Friedman stated that he lived across the street from the Crested Hen for two years and that he was very surprised hearing all of the other people’s comments. He stated that he had been welcomed to come in and that the owners had checked in with them on the sound. He stated that he never hears any music or loud sounds coming from them. He stated that he actually liked living next to the event space. He stated that he has little kids and they are not affected by the noise or anything. He stated that he has been in the barn and has seen the noise canceling props that were required.

Adam Walsh stated that Frank, the owner had been good to them. He stated that he lived across the street and he hasn’t heard any noise from the event space.

David Littne stated that he agreed with everything everyone had said. He stated that is concern was the noise.

Marielle Marclia stated that she lived on the river side of Berme road. She stated that there had been more than a few occasions that they have had the windows closed and TV on and it was still very noisy. She stated that her main concern was the safety with the fire and water. She stated that she hasn’t heard of any issues. She stated that during the burn ban there was a pretty large fire on the patio. She stated that she had no issue with business in the Community as long as they follow the rules. She stated that she was concerned for the safety of the community especially with the fires.

Mr. Ricci stated that they had permission to have a fire for a Native American wedding ceremony that requires having a fire.

James Yeara stated that it was interesting listening to all the neighbors in the Community but that noise was a major issue.

Zach Layton stated that if it was too expensive for them to have a noise assessment done that there was plenty of schools that had students that would do it as a case study for free. He added that he would be happy to help more if they would like.

Sal Matera stated that the noise was obviously being heard from the other side of the river. He noted that it was almost like an amplifying effect that was pushing the noise farther out to the neighbors on Clove Road.

Nora Fingold suggested filling in the cracks of the barn and putting in more noise buffering.

Zach Layton stated that noise was like water and will seep through any crack it finds.

Mr. Jones motioned to keep the public hearing open for 2 weeks (August 27th, 2018) for written comments only. Mr. DeWitt seconded the motion.

Mr. Jones and Mr. DeWitt stated that they would like to set up a time to visit the Crested Hen. Chairperson Lindstrom agreed.

Nadine Carney from Peak Engineering and Taavo Somer were present on behalf of the application.

Nadine explained to the Board and Tim Moot from Clark Patterson Lee the changes.

The Board had no further questions.

Mr. Moot stated that in two weeks they would have all of their comments.

The Board read the decision.

Findings of the Planning Board:

1. The Planning Board received zoning referral for Special Use and Site Plan Approval from the Code Enforcement Officer and an application, EAF, Site Plan, Subdivision Plan and related documentation from the applicant. Original plans were to include subdivision and resort modification/renovation. Subsequently, the initial application was withdrawn and resubmitted January 29th of 2018 eliminating the subdivision plans and establishing a new zoning referral for Special Use and Site Plan Approval from the Code Enforcement Officer, a new PB application, EAF, Site Plan, and related documentation from the applicant. The resubmitted application eliminated the subdivision and modified elements of the resort renovation. The applicant initially requested a phased approach to construction and requested that renovation of the golf course be outside of the SEQRA review, considering it maintenance of an existing use. The Board was not in agreement with this determination, feeling that SEQRA covers the entirety of the project. After discussion the Board sent correspondence to the Code Enforcement Officer for determination. The CEO considered the renovation a part of existing operations, but that any modifications would require the necessary NYS DEC and ACE permits due to the wetlands on the golf course.
2. Due to subsequent permitting delays the Golf Course remodelling did not begin and was considered under the SEQRA determination of the Board. The Planning Board circulated a request to be lead agency on February 16, 2018 to involved and interested agencies and was declared lead agent. The Planning Board reviewed the applicants SEQRA EAF part 1 and SEQRA EAF Parts 2 and 3 in regularly scheduled Public Meetings and issues a negative declaration on July 9th, 2018.
3. Overview: The application proposes a conversion/renovation/expansion of an existing golf course, golf club house and restaurant into multiple new and existing uses: an expanded restaurant, remodeled golf course from 18 to 9 holes, a new golf club house, retail sales, a commercial events facility, an inn and cottages for guest accommodations and, finally, accessory facilities of tennis, pool and gym/spa. The existing main building is to be expanded to include a retail space and an expanded terrace seating. A 3,500 sq ft 12 room inn with 2 associated stand–alone duplex cabins and a 4,000 sq ft barn space for special events are proposed. 2 new tennis courts, 2 swimming pools and a gym/spa space are proposed. 14 stand-alone duplex cabins are proposed. Various additional parking areas are proposed for 145+ vehicles in separate parking areas close to new construction and for staff.
4. Structures: Elevation plans, interior renderings and “inspirational photos” provided as design examples show the new and renovated buildings to be within character of the historic homes, barns and structures of the Town and aligned with the building design and location guidelines of § 140-20 (A). The event barn is to be located in an area that currently contains barn/garage buildings and paved/gravel surfaces. The existing structures are to be removed and replaced with the special events barn and landscaping. The event barn will host up to 250 occupants. The main building/restaurant proposes expanded terrace seating and will have the addition of a retail store emphasizing local vendors/farm stand.
5. Golf Course: In concert with the redesign of the golf course from 18 holes to 9 holes (with putting and driving ranges) utilizing a “links style” design, the golf pro shop is to be relocated to a separate location with separate access and parking from Whitfield Road. Currently the Pro Shop and Golf amenities are part of the main building/restaurant. A construction Storm Water Management Plan for the remodeling of the golf course was submitted by the golf course designer. Selective tree removal will be undertaken (primarily of dead/diseased ash trees) and existing grass will be stripped and reused. A new more water conserving irrigation system will be installed and fairways and tees will be seeded with drought tolerant species. Native fescues will be introduced (planted) in out-of-play areas. Storm water dynamics are not to be altered and waterways and watersheds are to be kept in their existing states
6. Landscaping: Landscaping plans were submitted as a part of the site plan submissions. Landscaping is to (a) preserve the open space of the existing golf course (b) return areas to native grasses and shrubbery, (c) plant additional shrubbery, grasses and trees with an emphasis on native species, and (d) add vegetable and herb gardens for produce to be used on site. An initial Landscaping Plan was reviewed by the town consultant and extensive commentary and suggestions for modifications were given. The applicant amended the April, 2018 site plan to incorporate the suggestions in the July, 2018 Site Plan
7. Historically the parcel had a pool and tennis courts which have been suppressed. These areas will be reclaimed to a natural vegetative state and new pool(s) and tennis courts will be constructed as detailed on the site plan. Historical site usages were agricultural and resort.
8. The parcel is located in the ‘AR-3’ zoning district and the use(s) proposed have been determined to meet or exceed the Schedule of District regulations pursuant to the Town of Rochester zoning code.
9. The parcel is additionally located in the ‘FD Overlay’. No construction or disturbance is proposed within the flood zone.
10. The parcel is additionally located in the ‘AP Overlay’ zoning district and the uses comply with the standards of such district.
11. The parcel to be developed is known as S/B/L77.1-1-1
12. The parcel is located contiguous to Ulster County Ag District #3 zoned properties. An Agricultural Data Statement was prepared and presented.
13. The parcel is within 500 feet of a property listed on the National Register. Referral to the NYS Office of Parks, Recreation, and Historic Preservation (SHPO) is required and was made. SHPO requested an archaeological study and eventually responded with a “no impact” statement upon review of the archaeological study conducted and submitted by Joe Diamond. Extensive “shovel testing” was conducted and no sign of or objects of archaeological significance were found.
14. SHPO responded in a separate letter that there would be no impact on historical buildings. The applicant submitted extensive visual renderings of existing structures to SHPO for SHPO’s determination.
15. An ecological study and field review were conducted by North Country Ecological Services (NCES) and results were reported on January 5th, 2018. The ecological review found no presence of species or areas of habitat that would be conducive to the presence of state and/or federally listed endangered, threatened or rare species either of flora or fauna. NCES contacted the DEC NHO and USFWS as a part of their study. USFWS stated the possible presence of Bog Turtle, Northern Long-eared Bat and Indiana Bat within the vicinity of the site. Site field verification did not corroborate habitats suited to the 3 aforementioned species. For precaution, a condition of approval shall be that all tree clearing will be undertaken outside of the nesting period of the two bats.
16. The parcel has road frontage onto Whitfield Road a Town of Rochester maintained highway. The TOR Highway Department was contacted and responded with a “no recommendations for the project” letter. A traffic study was undertaken by Creighton Manning to ascertain traffic impacts from the additional uses at the site. The initial January 26th 2018 study found no additional traffic impacts on Whitfield Road or at the juncture of Whitfield and Route 209. Commensurate to concerns expressed by the public and by Board Members that the traffic studies was conducted in the winter, a lower traffic period, Creighton Manning re-conducted the study on Friday June 1, 2018 to reflect peak traffic periods when the proposed special events venue would be at capacity and when the Accord Speedway would be at peak ingress/egress (4PM to midnight). No adverse traffic impact was found in the subsequent study. Details of both traffic studies are on file.
17. A noise study was conducted by Sound Consultants Cerami & Associates on February 12, 2018. Recording of ambient noise measurements and noise modelling projected noise emissions to be compliant with TOR § 120-20 (F) Noise Zoning code. Members of the Board and community members at the Public Hearing were concerned that sound levels at one of the lot lines could exceed the lot line desirable increases of less than or equal to 10 db. A second sound study was conducted, with reduced number and size of barn event space doors from 4 to 2. This reduced the lot line noise level sufficiently and the proposed use was found to be compliant with § 140-20 (F) under the new configuration and satisfactory to Board Members.
18. Ulster County Health Dept. approval is required for water and septic, food preparation, and swimming pool. A water and plumbing plan was submitted by Highland Associates detailing the water and septic schema.
19. A NYS DEC SPDES permit is necessary. A SWPPP was prepared and reviewed by the Town Consulting Engineer comments were submitted and changes were made to the SWPPP.
20. The retained engineering service, Peak Engineering submitted various documentation and requests to the DEC in a piecemeal fashion. The DEC stated in a notification of incomplete application that various documentation should have been submitted simultaneously according to Uniform Procedures 621.3(a)(4). This has caused delays in permitting from the DEC regarding wastewater, Wetlands, SWPPP, and SPDES. Amendments to the site plan as required by the DEC and proof that the outstanding deficiencies as detailed by the DEC in their letter of June 6, 2018 are being addressed and will be a condition of approval
21. The TOR Fire Marshal was contacted and suggested improvements/changes of the ingress/egress to include a new more direct driveway for fire access only to the event barn. The fire access driveway will have a turnaround area sufficient for emergency access turning. The applicant amended the site plan to include a new dedicated fire access road. The existing asphalt entry road is to be retained to the main parking area (at the restaurant/retail location) and turnoffs are to be added every 500 feet as per code. A gravel surfaced fire access driveway with turnoffs for fire and emergency access to the inn and cabins is detailed on the site plan as well. Water for emergency personnel will be supplied by water tanks on site and the resort will have on site generators. All waste (except for septic) is proposed to be removed from the Resort by waste management services.
22. The applicant submitted a parking schedule for projected parking demand. The site plan proposes improvements to the existing main parking area and additional gravel surfaced parking areas for staff and at the golf outfitters, with new parking lighting and landscaping. Guests will access the inn, cabins, event barn, and spa/gym/pool/tennis courts by foot or golf cart on gravel surfaced paths, primarily following existing golf cart paths.
23. Lighting specifications, tear sheets and photometric plans were provided for the additional lighting on the site plan and were found to be compliant with TOR zoning code § 140-20 (H) Lighting.
24. Interior and roadway signage was prepared by a signing consultant and were supplied to the Board on May 11th, 2018, detailing on the site plan interior pedestrian and vehicular wayfinding and highway/entrance signage. The Board found it to be compliant with TOR zoning code § 140-21 Signs. Ulster County Planning Board suggested the clearing of foliage around the entrance, and highway signage indicating the entrance. The Town Consultant Clark Patterson Lee suggested some graphic and other modifications to the interior wayfinding signage. Both will be conditions of approval.
25. An Ulster County Planning Board. (UCPB) “Gateway meeting” was held by Peak Engineering and the UCPB. Various concerns were discussed as to use of the property, traffic and public roadway access to the property, limited sight distance.
26. The application was then referred twice to the Ulster County Planning Board which returned comments of “Required Modifications” dated 5/2/2018 and 8/1/2018.

Draft findings were prepared by the Chairman and were read, discussed and amended by the Planning Board.

Adopted August 13, 2018
Ayes: 5 Nays: 0 Absent: 2

Motion to adopt findings by Mr. Zurofsky
Second by Mr. Buchbinder
* * * *
Motion:
To accept the Ulster County Planning Board comments of “Required Modifications” dated 5/2/2018 and 8/1/2018 which have been addressed as follows:

2. 5/2/2018 & 8/1/2018 — The final approval requires the following Federal, State and County Agency Approvals: Health Department for Food Services, Public Water Supply, Swimming Pool and Sewage Disposal System; NYSDEC for SPDES, Stormwater, SWPPP and Wetlands and Army Corps of Engineers for wetlands
Response:
The applicant has coordinated with the Health Department, NYS DEC and ACE. The Planning Board approval will be conditioned on the applicant securing any and all required agency approvals.

3. 5/2/2018 — Wayfinding
Comment:
An Internal signage and wayfinding Plan is absent from the materials submitted.
Required Modifications:
Given the number of and variable locations of activities taking place on the proposed site, it is recommended that the applicant develop a signage wayfinding plan to guide visitors to their various destinations on both vehicular and pedestrian access ways.
Response:
The applicant has developed an internal wayfinding plan and it is submitted condition as part of the final site plan.

4. 5/2/2018 — Sight Distances
Comment:
At the approach to the existing entrance off Lower Whitfield Road onto Bank Street there is a slight bend in the road in conjunction with existing vegetation. It is unclear from the materials provided whether adequate sight distance is available at that location.
Required Modifications
The sight distance for the entrance at Bank Street should be verified and, if necessary, the existing vegetation along Whitfield Road should be pruned to eliminate or reduce any sight distance issues.
Response:
Clearing of brush and maintenance of clearing from sight line will be a condition of approval.

Adopted August 13, 2018
Ayes: 5 Nays: 0 Absent: 2

Motion to adopt Required Modifications by Mr. Buchbinder
Second by Mr. Jones
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Special Use -Conditional Approval to Inness NY, LLC for the expansion, modification and renovation of a Golf Resort on lands situated at 10 Bank Street, ACCORD, NY, known as S/B/L77.1-1-1, and located in the AR-3’, ‘FD Overlay’, and ‘AP Overlay’ contiguous to NYS AG district. Containing NWI Wetlands, State Freshwater wetlands, and is within 500 ft. of a National Historic Register Property.

The Town of Rochester Planning Board grants Site Plan -Conditional Approval to Inness, NY, LLC for the expansion, modification and renovation of a Golf Resort on lands situated at 10 Bank Street, Accord, NY, known as S/B/L77.1-1-1, and located in the ‘AR-3’, ‘FD Overlay’, and ‘AP Overlay’ contiguous to NYS AG district. Containing NWI Wetlands, State Freshwater wetlands, and is within 500 ft. of a National Historic Register Property

The Site Plan as amended dated July 2018 is approved with the following conditions.

CONDITIONS of APPROVAL:

8. Any and all fees due to the Town of Rochester involving this application shall be paid in full prior to the Chairman’s signature on the Site Plan.
9. Copy of Deed shall be submitted to the Planning Board.
10. The Site Plan shall be amended as follows prior to signature by the Planning Board:
a. A plan notation shall be added stating “This property contains land within the 100-year floodplain as depicted by FEMA on plate 36111C0595E effective as of 9/25/2009. Any construction or disturbance within the FEMA designated 100-year floodplain shall adhere to the Code of the Town of Rochester Chapter 81, Flood Damage Prevention, or its successors.”
b. A plan notation shall be added stating “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 rights to undertake farm practices which may generate dust, odour, smoke, noise and vibrations and which may involve insecticides, herbicides, pesticides, etc.”
c. DEC Stream Language per TOR Map Notes
11. Any deviation from or amending of the approved and signed Site Plan shall require resubmission to the Planning Board, except as may be permitted as determined by the Code Enforcement Officer.
12. All Local, County, State, and Federal Laws or Codes shall be complied with for the current or future use of these lands. Specifically, the site plan and special use shall comply with all provisions of TOR Zoning Code § 140-20.
13. The applicant shall secure a T/ Rochester building permit(s) for the cabins, inn, special events barn, spa/gym, restaurant renovations and expansion, utility & maintenance structures, retail structure, or any other construction regulated by the NYS Building and Fire Code. All conditions imposed in the granting of the permit(s) shall be made a part of this Special Use approval. One copy of each approved permit shall be filed with the T/ Rochester Planning Board.
14. Prior to the issuance of building permits the applicant shall:
a. Address all of the Town Engineering Consultant CPL’s outstanding commentary, concerns and suggestions and address any commentary, concerns and suggestions forthcoming upon further review by CPL of the SWPPP, Site Plan and any other documentation, engineering, permitting and design elements. A final letter from CPL stating “no further comment or outstanding issues” shall be submitted to and filed with the Planning Board.
b. Secure Ulster County Health Dept. permit(s); NYSDEC permits for SPDES Stormwater and Sanitary, including a notification (waiver) for greater than 5 acres of land disturbance, Wetlands and Water Withdrawal permits; and Army Corps of Engineers permits for Wetlands. All deficiencies noted by the NYS DEC in its “Notice of Incomplete Application” dated June 6th, 2018 shall be remediated.
c. All conditions imposed in the granting of these permits shall be made a part of this Special Use approval. One copy of each approved permit shall be filed with the T/ Rochester Planning Board.
15. Prior to the issuance of a Certificate of Occupancy for public use of the facility:
a. The applicant shall complete the improvements of the driveway pull-offs, and construct the new fire access road as indicated on the Site Plan.
b. The additional gravel parking areas shall be constructed and additional lighting installed as per the specifications indicated on the Site Plan.
c. Driveway signage shall be installed as indicated on the Site Plan. Foliage and brush shall be cleared from the sightline of the entrance signage and shall be maintained in a cleared state to insure adequate sightlines to the main entrance
d. Landscaping shall be completed per the signed approved Site Plan and in compliance with TOR Zoning code §140-15 Landscaping Standards.
Proof of completion of such actions shall be submitted to the Code Enforcement Officer for verification.
16. Any and all other agencies’ permits or approvals which are currently required or any which may be determined in the future to be required in conjunction with the construction and/or operation of this use shall be secured or renewed as applicable. Should any conditions imposed by other agency permits cause conditions to be in conflict, the more restrictive condition shall prevail. Should any permit approvals necessitate a change to the approved Site Plan, the matter shall be referred to the Planning Board for consideration.
17. Any tree clearing is to be done outside of the nesting period of the Indiana and the Northern Long-eared Bat (November 1 through March 31st)
18. The gravel fire access driveway shall be maintained to NYS Fire Code regulation and standards.
19. The utility and maintenance storage areas shall adhere to any and all Federal, State, County, or local environmental regulations.
20. Parking: shall only be allowed in the spaces designated on the approved and signed Site Plan. Parking shall not be allowed within the public road right-of-way nor within the driveway or designated Site Plan traffic aisles at any time. TOR Zoning code §140-17 (A) (3) Parking, Loading and Access shall be adhered to at all times. ADA compliant parking as mandated by TOR Zoning code §140-17 (A) (3) shall be provided at all parking areas to code.
21. Signage: the applicant is approved to replace the existing sign located on Whitfield Road with one similar in size, as detailed in the Signage Plan. All signage, inclusive of internal wayfaring signage shall adhere to sign regulations of Town of Rochester code §140-21. Outstanding recommendations for signage provided by the town consulting engineer Clark Patterson Lee shall be adopted. Signs and sign permit shall be secured as required by the Code Enforcement Officer.
22. Sound: amplification of sound, including but not limited to live music, recorded music, public address systems, portable generators, or any other sound or noise producing element shall comply with Town of Rochester zoning code §140-20 (F) at all times.

The Town of Rochester Planning Board further grants the authority to the Chairman to certify all conditions have been completed without further resolution and to sign and date the plat at such time.

EFFECT of APPROVAL:

3. This Special Use and Site Plan approval and associated conditions shall be binding upon the applicant and all successive owners of the land so long as such use(s) shall occur.
4. This approval shall remain effective as an authorization to secure the required permits and establish the use(s) for a maximum of one year from this date of approval unless the applicant shall have submitted written request and the Planning Board shall have adopted such resolution granting an extension and provided the applicant has submitted proof of having diligently pursued the implementation of the plans.

Adopted August 13, 2018, by the following vote:
Ayes: 5 Nays: 0 Absent: 2

Motion made by: Mr. Zurofsky
Seconded by: Mr. Buchbinder

2018-09 SPA/SUP New Application
Special Use Permit – Large-Scale Solar System
Fordemoor Solar LLC
Joseph Grasso (owner) and Cypress Creek Renewables DBA Fordemoor Solar LLC (applicant)
Proposes a change of use and new construction of Large Scale Solar Production Facility 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

Anne Whaling was present on behalf of the application.

Chairperson Lindstrom stated that the Board is allowed to ask for an increase in the setback to be 112.5 feet. She explained that they would like to see that on the site plan. She also asked if there was any prime farmland and if they were clearing anywhere.

Mrs. Whaling stated that they would only be clearing the access road and that there was no prime farmland there.

Chairperson Lindstrom stated that the Storm Water Prevention Plan will need a Storm Water Maintenance Agreement with a bond.

Mrs. Whaling stated that they would be happy to set a bond in place with the SWMA.

Chairperson Lindstrom stated that the Board will need to see an updated O&M Plan to include snow removal and the culvert. She also asked if the panels were rotating.

Mrs. Whaling stated that they were not rotating, but would double check. She also stated that they had changed the size of the lot and the driveway.

Chairperson Lindstrom asked if there would be landscaping on the areas close to the neighbors.

Mrs. Whaling stated that she would check and see what they could do. She added that they would be putting pollinator mix under the solar panels instead of regular grass that is heftier.

Chair Lindstrom asked what would happen to the pollinator mix when the weeds overtake the flowers. She added that they really need to fix the O&M plan, also to add the snow removal.

MR. Moot stated that they should revise the plans and then do the SWPP.

Chairperson Lindstrom motioned to set the initial escrow to $4,000. Mr. Zurofsky seconded the motion.
All in favor. Motion carried.
5 ayes, 0 nays, 2 absent, 0 abstentions

Mr. Zurofsky asked if the applicant could place trees in the stimulation pictures to get a better understanding of how it will look in the Summer and Winter.

Chair Lindstrom stated that the Ulster County Habitat Core was more than half of the property. She added that the DEC study showed that they weren’t in the Habitat Core but was all around the Habitat cores.

Mr. Jones stated that he was worried about the lookout on 44/55.

Chair Lindstrom stated that the Board didn’t ask the applicant to do the look out next time because you wouldn’t be able to see anything because of the landscape.

Mr. Zurofsky added that the vantage point from the Resort was not in the right direction.

Chair Lindstrom asked about the lot coverage and how it was determined.

Mrs. Whaling stated that everyone determines it differently and that was the way the Board did it the last time.

Chair Lindstrom stated that they would look into how they handled the last solar applications.

Mr. Zurofsky motioned to cancel the workshop meeting for August. Mr. Buchbinder seconded the motion.
All in favor. Motion carried.
5 ayes, 0 nays, 2 absent, 0 abstentions

Mr. Zurofsky motioned to adjourn the meeting at 10:18PM. Chair Lindstrom seconded the motion.
All in favor. Motion carried.
5 ayes, 0 nays, 2 absent, 0 abstentions

Respectfully submitted,

Shaye Davis, Secretary

Adopted and accepted, September 10th, 2018