The Town of Rochester Town Board held the Audit/Workshop Meeting June 24, 2021 at 6:00pm at Harold Lipton Community Center, 15 Tobacco Road, Accord, NY
Livestream Broadcast on YouTube https://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ
PRESENT:
Councilwoman Erin Enouen
Councilwoman Bea Haugen-Depuy
Councilman Chris Hewitt
Supervisor Baden
Deputy Town Clerk Christina Ferrara
ABSENT:
Councilman Chris Hewitt
Town Clerk Kathleen Gundberg
Attorney Marylou Christiana
Councilman Adam Paddock
Supervisor Baden called the meeting to order and led in the Pledge of Allegiance to the Flag.
6:00PM AUDIT OF JUNE VOUCHERS
WORKSHOP MEETING BEGAN AT 6:40PM
PRESENT:
Councilwoman Erin Enouen
Councilwoman Bea Haugen-Depuy
Councilman Chris Hewitt
Councilman Adam Paddock ( 7:15pm)
Supervisor Baden
Deputy Town Clerk Christina Ferrara
ABSENT:
Councilman Chris Hewitt
Town Clerk Kathleen Gundberg
Attorney Marylou Christiana
Supervisor Baden congratulated all the graduates of the class of 2021!!
DISCUSSION:
Request for Zoning Designation Change – Beehive Rd.
Marc Grasso proposed to the Town Board a request for a zoning designation change for Beehive Rd. It is a 35 acre parcel at the end of Beehive Road. The home burned in 1968 but the barn still stands and is useable today, a operable well and electric to the previous home garage and shed. The Proposal shows 11 acres of land being deeded to the neighbor after an issue showing overlapping deed of parcel of land. The remaining 24 acres will be subdivided to smaller building lots. Surrounding lots are designated R-2 and requesting the alteration of the current zoning from R-5 to R-2.
After meeting with the Code Enforcement officer it was agreed that this parcel would be good request for AR-3 zoning district. Since then we noticed that the color designation with the Ulster County parcel viewer and the Town of Rochester designation zoning district mapping, the two don’t match. The original request was to have the change be AR-3. With this new information it is asked to revise the application change to reflect the change be R-2. This designation makes more sense. With reduced density requests; minimal impact to land as most land in question for future development has already been cleared. Similarly neighboring properties have similar densities and zoning designations, middle impact on land density alterations will take place on the parcels. The Highway Superintendent supports this subdivision and plans of extending the road because it would benefit the Town and the highway department congruently.
Supervisor Baden stated that for the Board he spoke with the Town Attorney who recommends that the applicant amend the original zoning permit request to the Code Enforcement Office. The CEO will forward the new request to the Board.
Councilwoman Enouen stated she is not as inclined as the rest of the Board, I think that there’s a reason why this property is designated R-5. I understand that there is the R-2 and the benefit of the road, sounds like a quid pro quo that if your able to do this many lots then you would bring the road in, but I am not as inclined to be persuaded for that.
Supervisor Baden: as someone being on the committee going lot by lot it’s R-5 because of the large size and surrounding lots around it was the reason to make it R-5. After a Conversation with the Town Attorney because there is a subdivision proposed with this it would become a coordinated review, changing a zoning designation on a property is a type one action. If we were to approve it we would have to declare lead agency and the Planning Board would have greater authority than the Town Board. If the zoning change can’t happen then the subdivision can’t happen.
Councilwoman Enouen asked if the parcel is too small for a conservation subdivision where the houses will be clustered together?
Marc Grasso: there is a off the mountainous terrain vegetation type area in the back that I thought about a conservation subdivision but I’m waiting on the engineer, but the engineer is not will to get involved until we have a decision on what zoning we’re going to go with. It’s a lot of work to survey and re-survey. Conservation is up for question.
Councilwoman Enouen: even with the conservation subdivision you would be able to get the number of dwellings?
Marc Grasso: correct. I am going to do 3 acre or more lots, there is no 2 acre lots even though I’m going for R-2 zoning. It’s a beautiful piece of property.
Councilman Paddock (7:15)
Marc Grasso: The goal would be to bring the road to the back of the last lot. The application was originally for AR-3 but now looking to reapply for an R-2 zoning district which will not look like spot zoning even though the lots will be 3 acres or more.
Supervisor Baden stated that we also discovered when reviewing the zoning map that the parcel next door has a little strip of land with a zoning designation that is believed to be an error. (Wick’s parcel where the cell tower is located, it doesn’t match the parcel viewer and doesn’t match the deed). In the process if we move forward with the request we will also correct these errors. Mr. Grasso is going to amend his application with the Building Department and with the Town Board. We can discuss it further at the Town Board meeting with Attorney Christiana and if we’re going to entertain the idea, we would have to have a public hearing on this zoning map change and refer it to the County Planning Board and SEQRA would have to be completed before we could make a determination but that does include the Planning Board because based on Attorney Christiana’s opinion this is being done for a subdivision it would make more sense that the Planning Board was the lead agency on SEQRA.
AUTHORIZATION TO CONSIDER REQUEST CHANGE:
Resolution #208 -2021:
A Motion was made by Supervisor Baden that the Town Board consider the request based on pending change to the permit from AR-3 to R-2.
Second: Councilwoman Haugen-Depuy
ROLL CALL:
Councilwoman Enouen nay
Councilwoman Haugen-Depuy aye
Councilman Hewitt absent
Councilman Paddock aye
Supervisor Baden aye 3-1 aye, motion carried
Hewitt-absent
LOCAL LAW 3 -2021( FORMERLY LL2-2021: SHORT TERM RENTALS:
The Board had a lengthy discussion about proposed changes to the Short-Term Rental Law.
COPIER CONTRACT:
The current lease expires in September, will have two quotes that the Board can vote on in the end of July.
HIGHWAY BAN RENEWAL:
$150,000 BAN for the Mill hook Bridge will go to contract July 1st secured 0.75% interest rate for the first year.
ASSESSOR:
The Town Board will have a special meeting interview the applicant for the Assessor position on Thursday before the Town Board meeting.
EXECUTIVE SESSION:
A Motion was made by Supervisor Baden to enter into executive session at 9:18pm for the purposes of discussion of the proposed acquisition, sale or lease of real property.
Second: Councilwoman Enouen
Roll Call:
Councilwoman Enouen – Aye
Councilwoman Haugen-Depuy – Aye
Councilman Hewitt- absent
Councilman Paddock – Aye
Supervisor Baden- Aye 4-0aye, motion carried
Hewitt absent
A Motion was made by Councilwoman Enouen to reconvene the meeting at 9:31 pm with no action taken nor monies expended.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 4-0aye, motion carried
Hewitt Absent
ADJOURNMENT:
A Motion was made by Councilwoman Enouen to adjourn the meeting at 9:33pm.
Second: Councilman Paddock motion carried
RESPECTFULLY SUBMITTED,
CHRISTINA FERRARA
Deputy Town Clerk