Planning Board Minutes March 8th, 2021

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

MINUTES OF March 8th, 2021 REGULAR MEETING OF the Town of Rochester PLANNING BOARD, held at 7:00pm via ZOOM and Streamed on Youtube.

Chairperson Lindstrom asked everyone to stand for the Pledge to the Flag.

The Secretary did roll call attendance.

PRESENT: ABSENT:
Maren Lindstrom, Chairperson
Sam Zurofsky, Vice Chairperson
Patrick Williams- 7:40pm
Rick Jones
Zorian Pinsky
Ann Marie Maloney
Marc Grasso

ALSO PRESENT:
Zachary Jarvis- Alternate.
Mary Lou Christiana-Town Attorney
Brianna Tetro-Secretary.

ANNOUNCEMENTS and COMMUNICATIONS

March 29th Workshop Meeting Decision:

Chair Lindstrom stated neither she nor Secretary Tetro would be available for the March workshop meeting.

Chair Lindstrom made the motion to cancel the March 29th, 2021 Workshop meeting. Ms. Maloney Seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.

TRAININGS:

Chair Lindstrom stated that there had been many training opportunities sent out by the secretary already and that the Board should have no trouble completing all yearly training requirements.

ACTION ON MINUTES:

Chair Lindstrom made the motion to approve the minutes from the January 11th and February 8th, 2021 Regular Meetings and the January 26th and February 22nd, 2021 Workshop meetings. Mr. Jones seconded the motion.
6 ayes, 0 nays, 0 abstentions, 1 absent.

APPLICATION REVIEW:

PB-2021-02 LLI (Natural Subdivision) Continued Application
John Post (Applicant) Henry M. Rich (Owner)
The applicant proposes a two lot subdivision of the lands at 272 Dug Road, Accord, NY S/B/L 60.4-1-25.210 (+/- 22.964 acres). Proposed lot two of +/4.01 acres (west side of Dug Road) and proposed lot 1 of +/- 18.75 acres (east side of Dug Road), the parcel being bisected by Dug Road. Lot two has an existing single family dwelling, well and septic. Lot one will need new well and septic. The parcel is wooded, may contain wetlands and contains steep slope lands. The parcel is in the R-2 (Low Density Residential) and R-5 (Rural Conservation) Zoning Districts Proposed lot one will be entirely in the R-2 Zoning District and contains a small amount of FEMA 100 year floodplains (FD Overlay District) in the rear of the lot. Lot two will be in both the R-5 and the R-2 Zoning Districts. Lot two contains Ulster County Habitat Core Lands/DEC Core Forest Layers of top 5% quality and is a DEC known area for rare aquatic animals along the interior 1,500 feet (approximately) and is within 500 feet of the PacamaVly NYSDEC regulated wetlands, Habitat lands are not proposed to be disturbed.
SEQRA: Type II by code

Mr. John Post and Mr. Henry Rich were present on behalf of the application.

Chair Lindstrom explained that the application had been on the previous month’s agenda and had needed to add a few map notes, etc. She stated all requested notes and items had been added.

Mr. Jones made the motion to certify the Natural Subdivision. Mr. Grasso seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.

Decision: PB 2021-02 Natural Subdivision

Lot Improvement – Certification
*Pursuant to Chapter 125 and Chapter 140 of the Code of the Town of Rochester.

Applicant: John Post
Owner: Henry M. RIch

Reason for Request:
A natural subdivision/lot improvement proposing the separation of +/- 4.01 acres on the west side of Dug Road from the +/-22.764 acre parcel S/B/L 60.4-1-25.210 (east side of Dug Road +/- 18 acres to remain in parcel) to form two parcels. R-2 and R-5 zoning districts

Location: 272 Dug Road Accord NY
S/B/L: S/B/L 60.4-1-25.210
Zoning District: R-2 & R-5

Zoning Permit filed: 01/21/2021 SEQR Type: Type II by definition
Planning Board Application #: 2021-02 LLI PB Application filed:01/25/2021

* * * *

The Planning Board has reviewed the plat and certifies the lot improvement proposed will meet Town of Rochester lot requirements for the R-2 and R-5 zoning districts and, for recording purposes only, further represents an exempt lot improvement in accordance with Section 125-18 of the Town of Rochester Subdivision Regulations. No subdivision approval is required or given by the Planning Board. The Planning Board further grants the authority to the Chairman to sign the plat certifying the lot improvement for filing purposes without further resolution upon receipt and the Chairman’s determination such plat meets the requirements of the code is in agreement with the sketch plan provided for review.

The owner shall file in the office of the Ulster County Clerk such certified plat bearing the Chairman’s signature within 62 days of this certification. The owner shall have the responsibility to return four (4) Ulster County Clerk certified copies of the plat to the Town of Rochester Planning Board within 30 days of filing.

PB 2021-01SPA Continued Application
Lowell Deutschlander (Owner) Marie-Lou Despoux (Applicant)
Home Occupation Class II
Applicant proposes a 240 sq foot home based winery to be located in a single family dwelling, a Home Occupation Type 2 per 140-19A
Property is S/B/L 76.4-2-11.400 (+/- 12.2 acres) located at 220 Granite Road, Accord, NY and in the R-2 Zoning District
SEQRA: TBD

Ms. Marie-Lou Despoux and Mr. Lowell Deutschlander were present on behalf of the application.

Chair Lindstrom explained what happened the last time the applicant had been in front of the Board. She stated she had met with the applicant along with Jerry Davis, Code Enforcement Officer, and agreed that it was a Home Occupation Class II as that had been a source of confusion.

Ms. Despoux provided an informative Power Point Presentation which she went through and explained.

Mr. Jones stated there was a provision in the Class II Home Occupation that there would be no solid waste but the skins being used from the fruit to make wine would be considered solid waste, he asked the applicant what was the plan for their disposal. He also noted another provision that stated there would be no fumes and he wondered what mitigation efforts would be used to ensure neighbors would not be effected by fumes of wine making.

Mr. Pinsky had issue with the square footage being shown on the presented site plans and how it didn’t fall within the provisions of a Class II Home Occupation.

Mr. Zurofsky stated the last time the application had been in front of the Board, it had been mentioned that they had planned on growing items but he didn’t see this proposed growing area on site plan.

Ms. Despoux responded to Mr. Zurofsky that the growing area would be the size of a garden.

Chair Lindstrom noted to Mr. Pinsky that there was an upstairs not shown on the site plan. She asked the applicant to show it on the site plan when they came back. She added that the Board did not second guess the Code Enforcement Officer, so it was a Home Occupation Class II by his determination.

Ms. Despoux responded to Mr. Jones concerns regarding the disposal of skins and the fumes. She stated the fruit skins used would be composted and re-used for the garden and she would add leaves and straw to help the composting process and so there would be little smell. She said in regards to the fumes, all the fermentation would be done inside so there would be very little chance anyone around them would be able to tell there was a winery in the house.

Ms. Maloney added if the compost became too large, there was a local company that Ms. Despoux could look into that would take the compost waste away for free.

Chair Lindstrom made the motion to set the application for public hearing at the April 12th, 2021 Regular Meeting. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

Chair Lindstrom noted the application would be a Type II for SEQRA.

PB 2021-01 SBD Public Hearing/Continued Application
Verna Gillis, Brian Rosenworcel& Megan Poe
Major Subdivision
Applicants proposes to convey +/- 0.68 acres from Gillis lot S/B/L 67.2-2-2.200 (+/- 21.4 acres) to Rosenworcel/Poe lot S/B/L 67.2-2-2.100 so that the existing septic and well serving S/B/L 67.2-2-2.100 (+/- 10.7 acres) are duly on the deeded lot. The proposed action is a “re-subdivision of lands” under 125-12 where by the re-subdivision of previously subdivided lands shall be considered a major subdivision. Both Parcels are in the R-5 zoning district and located respectively at 28 Doggums Way and 37 Chipmunk Hollow, Kerhonkson, NY
SEQRA: TBD

Ms. Heather Gabriel and Ms. Verna Gillis were present on behalf of the application.

Chair Lindstrom explained the application and added that the Road Maintenance Agreement needed some work, per Attorney Christiana. She noted that Attorney Christiana would touch base with Ms. Gabriel about what needed to be revised.

Before the Public Hearing opened the Board needed to go through SEQRA.

Chair Lindstrom made the motion to type the application as an unlisted/uncoordinated action for SEQRA. Mr. Grasso seconded the motion.
Roll Call:
Chair Lindstrom: Yes Ms. Maloney: Yes
Mr. Zurofsky: Yes Mr. Grasso: Yes
Mr. Willaims: Absent
Mr. Jones: Yes
Mr. Pinsky: Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

The Board went through the EAF Part II.

Mr. Grasso made the motion to declare the application as a Negative Declaration for SEQRA. Ms. Maloney seconded the motion.
Roll Call:
Chair Lindstrom: Yes Ms. Maloney: Yes
Mr. Zurofksy: Yes Mr. Grasso: Yes
Mr. Willaims: Absent
Mr. Jones: Yes
Mr. Pinsky: Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

Chair Lindstrom opened the public hearing.

There were no comments from the public.

Chair Lindstrom made the motion to close the public hearing. Mr. Pinsky seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent, 0 abstentions.

Chair Lindstrom read the decision.

Decision: PB 2021-01 SBD
Major Subdivision Conditional Final Approval

Applicant: Verna Gilles, Brian Rosenworcel& Megan Poe

Reason for Request: Applicants propose to convey +/- 0.68 acres from Gilles lot S/B/L 67.2-2-2.200 (+/- 21.4 acres) to Rosenworcel/Poe lot S/B/L 67.2-2-2.100 (+/- 10.7 acres) so that the existing septic and well serving S/B/L 67.2-2-2.100 are duly on the deeded lot. The proposed action is a “re-subdivision of lands” under 125-12 where by the re-subdivision of previously subdivided lands shall be considered a major subdivision.

Location:28 Doggums Way and 37 Chipmunk Hollow, Kerhonkson, NY
Total Acreage: ±32.1 acres (both lots)
S/B/L: 67.2-2-2.200&67.2-2-2.100 Zoning District: R-5 (Rural Conservation)
Parcels are wooded and open lands, flat to gentle slope. The parcels contain substantial ACOE and NYS DEC wetlands, and hydric soils. Parcels further contains prime farmland and farmland of statewide importance, ponds and limited Ulster County Habitat Core Lands.

Code Enforcement Determination: Major Subdivision
Zoning Permit: 578 of 2020

Planning Board Application:2020-11 SBD
PB Application filed:12/28/2020 EAF filed:12/28/2020

SEQR Type:Unlisted Uncoordinated – 3/8/2021
SEQR Determination: Negative Declaration 3/8/2021
Other Agency Referrals: N/A

Documents considered by the Planning Board for review

1. Letter of Determination from Code Enforcement Officer dated 12/24/2020, and received 12/28/2020 stating determination of major subdivision: “re-subdivision of lands” under 125-12 where by the re-subdivision of previously subdivided lands shall be considered a major subdivision.
2. Zoning Permit 578 of 2020 received 12/28/2020.
3. Copy of initial 1985 subdivision, received 12/28/2020
4. Letter of representation from applicants to Medenbach& Eggers, received 12/30/2020
5. Waiver Request Letter describing project from Medenbach& Eggers, received 1/15/2021
6. Planning Board Subdivision application 2021-01 SBD, dated &received 12/28/2020
7. Short Form EAF Part 1 received 12/28/2020
8. TOR PB Meeting Request Information Follow-up Letter to Medenbach& Eggers dated 2/16/2021
9. Road Maintenance Agreement, received 2/22/2021
10. Preliminary Subdivision Plan (Lot Line Improvement) November 16th, 2020 received, 12/28/2020. Amended Final Subdivision Plan dated February 16th, 2021 received2/22.2021

Notice of Public Hearing:

1. Published in the March 4 th, 2021 edition of the Shawangunk Journal.
2. Notice by mail to known landowners within 500’.
3. Posted on the T/ Rochester Clerk bulletin board and Town of Rochester website.

Date of Public Hearing:3/8/2021 Place: Virtual Meeting(s), Accord, NY
Public Comment: (see Minutes of Town of Rochester Planning Board, 3/8/2021)
* * * *
Findings of the Planning Board
1. The Planning Board received a zoning referral and determination letter for a major subdivision from the Code Enforcement Officer.
2. The parcel is in the R-5 zoning district at 28 Doggums Way and 37 Chipmunk Hollow, Kerhonkson, NY, S/B/L 67.2-2-2.200 (+/- 21.4 acres) and S/B/L 67.2-2-2.100(+/- 10.7 acres).The existing plat is filed with the Ulster County Clerk.
3. The applicant proposes a simple lot line improvement to convey 0.68 acres fromS/B/L 67.2-2-2.200 to S/B/L 67.2-2-2.100so that the existing septic and well serving S/B/L 67.2-2-2.100 are duly on the deeded lot. Bcause the lots are part of a previous subdivision, the proposed action is a “re-subdivision of lands” under 125-12 where by the re-subdivision of previously subdivided lands shall be considered a major subdivision.
4. The current use of the parcels are residential and woodlands withexisting single family dwellings, garage, well and septic on both lots.
5. The Planning Board discussed the application, and determined that waivers could be given for substantially all of the required elements of a major subdivision. The Planning Board requested and received a letter requesting said waivers and duly granted them.
6. The application was determined to meet the requirements of aType II SEQRA action. No further action was required.
7. A Public Hearing was held.
8. The Board reviewed if the proposed lot has safe and legal access.
• The Board concluded that the conveyance of lands between the lots did not render the lots insufficient in road frontage nor driveway access.
9. The Board requested a road maintenance/shared driveway agreement for the proposed subdivision. The road maintenance/shared driveway agreement will be referred to the TOR Attorney for review and shall be a condition of approval as shall a deeded right of way for the lots.
10. The parcel is in the R-5 zoning district. Upon review, the Board concludes that the two proposed parcels,as modified, meet or exceed the bulk standards requirements for the R-5 zoning district.
11. The Board reviewed if the proposed lots could support water and septic. Both lots have existing single family residences with well and septic.

Draft findings were prepared by the Chairman and were read and discussed by the Planning Board in public meeting at the time of adoption.

Adopted March 8th, 2021 by the following vote:
Ayes: 6 Nays: 0 Absent: 1

Motion to adopt findings by: Mr. Jones
Second by: Ms. Maloney
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Major Subdivision- Conditional Final Approval to permitting the subdivision of lands situated at: 28 Doggums Way and 37 Chipmunk Hollow, Kerhonkson, NY.

The subdivision plan dated February 16th,2021 is approved with the following conditions:

CONDITIONS of APPROVAL:

1. All fees due to the Town of Rochester involving this application shall be paid in full prior to the Chair’s signature on the Final Plat.
2. The shared driveway shall:
a. comply with all provisions of 277 of NYS Town Law and shall be maintained in a good and passable condition under all weather conditions to provide access to all emergency vehicles.
3. Evidence of satisfactory shared agreements for ownership and maintenance of the shared driveway shall be provided in the form of deed covenants, plat details and a road maintenance agreement prior to approval of the final plat.
a. Road Maintenance Agreement shall be presented and approved by the Attorney for the Town. Any costs or fees associated with such review shall be the responsibility of the applicant The Road Maintenance Agreement shall be filed in the Ulster County Clerk’s office simultaneously with the subdivision plat.
b. As prescribed under subsection § 140-10(D) (3), the Town Board must receive and approve a written release received by the Planning Board exempting the Town from all responsibility for the maintenance & construction obligations of the shared driveway.
4. Any and all development shall comply with TOR §125-21 and §125-22
5. All required Local, County, State or Federal permits shall be secured for the current and future use of these lands.

This Conditional Final Approval shall expire 180 days from this approval date unless 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.

The Town of Rochester Planning Board further grants Major Subdivision- Conditional Final Approval permitting the subdivision of lands upon satisfactory completion of the conditions of approval and grants the authority to the Chair to certify that the conditions 1 & 3 have been met and review, sign and date the plat without further resolution at such time.

EFFECT of APPROVAL:

1. The owner shall file in the office of the Ulster County Clerk such approved plat bearing the Chairman’s signature and any other related documents 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.
2. The owner shall have the responsibility to return three (3) Ulster County Clerk certified copies of the filed plat and any other related documents to the T/ Rochester Planning Board within 30 days of such filing.

Adopted March 8th, 2021 by the following vote:
Ayes: 6 Nays: 0 Absent: 1

Motion made by: Mr. Zurofsky
Second by: Ms. Maloney

*Mr. Williams joined the meeting at 7:40pm*

PB-2020-11 SBD Public Hearing/Continued Application
Jack Schoonmaker (Owner & Applicant)
Major Subdivision
The applicant proposes a three lot subdivision of lands located at Tow Path Road, Garden Lane & Lawrence Hill Road, Accord, NY S/B/L 77.1-3-2.113+/- 296 acres. Lot one of +/- 3.1 acres is proposed to front Lawrence Hill Road. Lot 2 of +/- 3.1 acres is proposed to front Tow Path Road. Lot one and lot two propose the construction of single family dwellings, and will need well and septic. The remaining third parcel will be the remaining lands of +/- 290 acres. The parcel is in the Ulster County Ag District, AP Overlay District, contains prime farmland and farmland of statewide importance, is within 500 feet of two registered historic structures: the Alliger-Davenport House and the proposed remaining parcel contains the Joachim SchoonmakerFarm House. The parcel is currently used for hay and contains gently sloping to flat lands. The parcel is in the AR-3 Zoning District, As the parcel was previously subdivided in 2014 (a 3.16 acres parcel) and received a natural subdivision permit for an additional +/- 3.06 acre parcel in 2019 the application is a re-subdivision of lands which as per 125-12 constitutes a major subdivision.
SEQRA: TBD

*Mr. Williams recused himself from the application at 7:42pm. *

Ms. Heather Gabriel was present on behalf of the application.

Chair Lindstrom explained the application and stated that the applicant had satisfied all items requested by the Board at the previous month’s meeting.

Before the public hearing was open, the Board needed to complete SEQRA.

Mr. Zurofsky made the motion to type the application as an unlisted/uncoordinated action for SEQRA. Ms. Maloney seconded the motion.
Roll Call:
Chair Lindstrom: Yes Ms. Maloney: Yes
Mr. Zurofsky: Yes Mr. Grasso: Yes
Mr. Willaims: Recused
Mr. Jones: Yes
Mr. Pinsky: Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 absent, 0 abstentions, 1 recused.

The Board went through the EAF Part II.

Chair Lindstrom made the motion to type the application as a negative declaration for SEQRA. Mr. Jones seconded the motion.
Roll Call:
Chair Lindstrom: Yes Ms. Maloney: Yes
Mr. Zurofsky: Yes Mr. Grasso: Yes
Mr. Willaims: Recused
Mr. Jones: Yes
Mr. Pinsky: Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 absent, 0 abstentions, 1 recused.

Chair Lindstrom opened the public hearing. There were no public comments.

Chair Lindstrom made the motion to close the public hearing. Mr.Zurofsky seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 absent, 0 abstentions, 1 recused.

Chair Lindstrom read the decision:

Decision: PB 2020-11 SBD
Major Subdivision Conditional Final Approval

Applicant: Jack Schoonmaker (Owner & Applicant)

Reason for Request: The applicant proposes a three lot subdivision of lands located at Tow Path Road, Garden Lane & Lawrence Hill Road, Accord, NY S/B/L 77.1-3-2.113 +/- 296 acres. Lot four of +/- 3.1 acres is proposed to front Lawrence Hill Road. Lot 3 of +/- 3.1 acres is proposed to front Tow Path Road. Lot three and lot four propose the construction of single family dwellings, and will need well and septic. The remaining third parcel will be the remaining lands of +/- 290 acres. The parcel was previously subdivided in 2014 (a 3.16 acres parcel“lot one” S/B/L 77.1-3-2.121) and received a natural subdivision permit for an additional +/- 3.06 acre parcel in 2019. The application is a re-subdivision of lands which per 125-12 constitutes a major subdivision.

Location:,Tow Path Road, Garden Lane & Lawrence Hill Road, Accord, NY
Total Acreage: ±296 acres
S/B/L: 77.1-3-2.113 Zoning District: AR-3 (Residential Agriculture)
The parcels are in the Ulster County Ag District, FD Overlay District (FEMA Flood Hazard Zone), AP Overlay District, contain prime farmland and farmland of statewide importance;are within 500 feet of two registered historic structures: the Alliger-Davenport House and the proposed remaining parcel contains the Joachim SchoonmakerFarm House. The parcel is active farmland currently used for hay and contains steep sloping, gently sloping, and flat lands, DEC known trout stream & named stream(s), Ulster County Habitat Core lands and extensive NYS DEC Biodiversity areas (important forest areas and important areas for rare animals and plants). The parcel is in the AR-3 Zoning District.

Code Enforcement Determination: Major Subdivision
Zoning Permit: 412 of 2020

Planning Board Application:2020-11 SBD
PB Application filed:10/16/2020 EAF filed:10/16/2020

SEQR Type: Unlisted, Uncoordinated – 03/8/2021
SEQR Determination: Negative Declaration – 03/08/2021
Other Agency Referrals: Accord Fire District, Town of Rochester Historic Commission & Town of Rochester Highway Department

Documents considered by the Planning Board for review

11. Letter of Determination from Code Enforcement Officer dated 10/16/2020, received 10/16/2020 stating determination of major subdivision.
12. Zoning Permit 412 of 2020 received 10/16/2020.
13. Planning Board Subdivision application 2020-11 SBD, dated &received 10/22/2020
14. Letter of Representative powers from Jack & Alice Schoonmaker to Medenbach& Eggers PC dated 09/10/2020
15. NYS DEC Environmental Resource Map, received 10/15/2020
16. Copies of Sewage Disposal Plan and data presented to and approved by UCDOH, received 10/15/2020
17. Ulster County Parcel Viewer Map of contiguous Ag Districts, received 10/15/2020
18. Agricultural Data Statement, dated 9/2/2020 and received 10/16/2020
19. Short Form EAF Part 1 and EAF Mapper received 10/16/2020
20. UCPV Aerial view of parcel, received 11/4/2020
21. Major Subdivision Waiver Request letter, received 12/08/2020, dated 11/30/2020
22. Auto response letter from OPRHP (SHPO), received 2/17/2021
23. Preliminary Site Plan dated October 1, 2020 received 10/16/2020. Revised 01/22/2021. Revised 2/9/2021
24. Referral Response Letter from Ulster County Planning Board dated 3/8/2021

Notice of Public Hearing:

4. Published in the March 4th, 2021 edition of the Shawangunk Journal.
5. Notice by mail to known landowners within 500’.
6. Posted on the T/ Rochester Clerk bulletin board and Town of Rochester website.

13. The parcel is in the AR-3 zoning district. The applicant proposes a three lot subdivision of lands located at Tow Path Road, Garden Lane & Lawrence Hill Road, Accord, NY S/B/L 77.1-3-2.113+/- 296 acres. Proposed lot four of +/- 3.1 acres is proposed to front Lawrence Hill Road. Proposed lot 3 of +/- 3.1 acres is proposed to front Tow Path Road. Lots three and four propose the construction of single family dwellings, and will need well and septic. The remaining parcel (parcel two) will be the remaining lands of +/- 290 acres.The existing plat is filed with the Ulster County Clerk.
14. The current use of the parcel is farmlands, residential and woodlands The parcel is in the Ulster County Ag District, AP Overlay District, contains FD Overlay (FEMA 100 year floodplain) District lands, prime farmland and farmland of state-wide importance, is within 500 feet of two registered historic structures: the Alliger-Davenport House and the proposed remaining parcel contains the Joachim Schoonmaker Farm House. The majority of the parcel is currently farmed for hay/croplands. The parcel contains a variety of topography from steep sloping to gently sloping to flat lands. Portions of the property contain NYS DEC Habitat lands, DEC known trout stream & named stream(s), and extensive NYS DEC Biodiversity areas (important forest areas and important areas for rare animals and plants).
15. The Planning Board discussed the application, the proposed/existing locations of structures, access, well and septic and requested topography and environmental habitat layers be added to the plat.
16. The Planning Board discussed the nature of the subdivision and determined that waivers could be given for substantially all of the required elements of a major subdivision. The Planning Board requested and received a letter requesting said waivers and duly granted them. The Planning Board further noted that any further “carving off” of small peripheral acreage would again constitute a re-subdivision and be treated as a major subdivision.
17. The Planning Board sent a letter seeking comment OPRHP and received no response.
18. The Planning Board sent a letter seeking comment to the UCPB and received a “no county impact response”.
19. The Planning Board sent letters seeking comment from the TOR Highway Department, Accord Fire District, and the TOR Historic Preservation Commission. The Board received no response from the HPC and the TOR Highway Department. The PB received a “no impact” response from the Fire District.
20. The Board encouraged the applicant to preserve the existing natural resources and woodlands as per subdivision code guidelines stated in TOR zoning code §125-21 and §125-22. High quality woodlands/forest and a DEC named streamand listed wetlands are found at the rear of the proposed lot 2 property. Noneof the high value environmental resources are proposed to be disturbed or altered and a sufficient Stream Buffer of 100’ is marked on the plat for the proposed subdivision.
21. The application was determined to meet the requirements of an Unlisted Uncoordinated SEQRA action.
• A Negative Declaration was determined upon review.
22. A Public Hearing was held.
23. The Board reviewed if the proposed lots have safe and legal access.
• The Board concluded that the proposed lots will have adequate >/= 50 foot frontage on the Town Highways Tow Path Road and Lawrence Hill Road, respectively.
12. The parcel is in the AR-3 zoning district. Upon review, the Board concludes that the 2 proposed parcels meet or exceed the bulk standards requirements for the AR-3 zoning district.
13. The Board reviewed if the proposed lots could support water and septic. The Planning Board requested certification by a licencedengineer or UC Health Department approval that the two new lots 3 and 4 can support water and septic. This shall be a condition of approval

Draft findings were prepared by the Chairman and were read and discussed by the Planning Board in public meeting at the time of adoption.

Adopted March 8th, 2021 by the following vote:
Ayes: 6 Nays: 0 Absent: 0 Recused: 1

Motion to adopt findings by: Ms. Maloney
Second by: Mr. Jones
Recused: Mr. Williams
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Major Subdivision- Conditional Final Approval to permitting the subdivision of lands situated at: 41 Garden Lane, Accord, NY

The subdivision plan dated February 9th, 2021 is approved with the following conditions.

CONDITIONS of APPROVAL:

6. All fees due to the Town of Rochester involving this application shall be paid in full prior to the Chair’s signature on the Final Plat.
7. The applicant shall present a Final Plat for signature. The following plat notes shall be included:
a. “Right To Farm”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. Floodplain”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.”
c. DEC Stream”This property contains a New York State regulated stream. For as long as any portion of the property described in this deed is subject to regulation under Article 15 (Protection of Waters) of the Environmental Conservation Law (ECL) of the State of New York, there shall be no regulated activity as defined by Article 15 of the ECL on this property within the bed or banks of this stream at any time without having first secured the necessary permission and permit required pursuant to the above noted Article 15 from the NYS Department of Environmental Conservation (DEC). This restriction shall bind the Grantees, their successors and assigns and shall be expressly set forth in all subsequent deeds to this property.“
d. Rochester Waterway”As per the Code of the Town of Rochester §140-12(E), each lot fronting on a named stream depicted on United States Geological Survey maps shall include a setback of 100 feet in depth from the high water mark of such stream. No principal structure shall be located within such setback, except by Planning Board authorization provided other mitigating measures such as deed covenants limiting clearing near the stream are employed to protect stream quality.”
e. Chapter 125 Subdivision Law §125-21 and -22“the subdivision shall adhere to TOR subdivision law §125-21 and -22 General Site Requirements and Subdivision Design”.
f. “Any further subdivision shall be treated as a major subdivision under TOR Subdivision Law §125”.
8. The subdivision shall not be valid until receipt by the Planning Board of certification of well and septic for proposed lots three and four by a licenced engineer ORUC Health Department approval that the two new lots 3 and 4 can support water and septic.
9. Plat title shall be changed from “Preliminary Plan” to “Final Plan”.
10. Any and all development shall comply with TOR §125-21 and §125-22
11. All required Local, County, State or Federal permits shall be secured for the current and future use of these lands.

The Town of Rochester Planning Board further grants Major Subdivision- Conditional Final Approval permitting the subdivision of lands located at 41 Garden Lane, Accord, NY upon satisfactory completion of the conditions of approval 1, 2, & 3 and grants the authority to the Chairman to certify that the conditions have been met and review, sign and date the plat without further resolution at such time.

EFFECT of APPROVAL:

3. The owner shall file in the office of the Ulster County Clerk such approved plat bearing the Chairman’s signature and any other related documents 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.
4. The owner shall have the responsibility to return three (3) Ulster County Clerk certified copies of the filed plat and any other related documents to the T/ Rochester Planning Board within 30 days of such filing.

Adopted March 8th, 2021 by the following vote:
Ayes:6 Nays: 0 Absent: 1Recused: 1

Motion made by: Mr. Jones
Second by: Mr. Grasso
Recused: Mr. Williams

PB 2020-04 SUP Public Hearing/Continued Application
Henry Rich (Owner and Applicant)
Special Use Permit
The applicant proposed the conversion of existing pottery studio into a grocery/convenience store and office space. Existing use of Pottery Studio received a Use Variance in 1996. Current lot area is nonconforming (0.5 acres) in H (Hamlet) zoning district. Parcel is located at 19-23 Main Street, Accord, NY, S/B/L 77.9-1-37.100. Parcel is in FD (Floodplain Development) Overlay District and contains prime farmland.
SEQRA: TBD

*Mr. Williams returned to the meeting at 8:10pm*

Ms. Heather Gabriel and Mr. Henry Rich were present on behalf of the application.

Chair Lindstrom went through the recently submitted revised site plan with the Board. She also noted that letters had been sent out to the Ulster County Department of Health (UCDOH), Accord Fire District (AFD), Ulster County Department of Public Works (UCPW), Town of Rochester Historic Preservation Commission (HPC), and the Ulster County Planning Board (UCPB) for comments. She also reiterated the points that had been made at the Gateway Meeting. She went through the comments from the Ulster County Planning Board as well as SHPO (New York State Historic Preservation office). She noted the applicant’s representative had reached out to the SHPO so the Board had not needed to send the application to that agency for comments. She noted that SHPO was fine with the project as well as the HPC. Chair Lindstrom also noted that fire safety and emergency access had not been mentioned at the Gateway meeting but the Accord Fire Department had provided a statement in regards to that subject. She read the comments from the Ulster County Department of Health, which had stated there were still some outstanding items need addressing, and from the Accord Fire Department who had noted the same.

Ms. Gabriel claimed she had not received the letter from the fire department and requested it be sent to her. She also noted they had no control over what or who parked in the fire department’s lot and that the fire department was right across the street so the concern over access to the building was not warranted.

Chair Lindstrom stated getting into the building could be an issue in an emergency.

Mr. Rich said he would put up signs so customers would not park in the fire department’s lot and that there were five points of egress for emergency purposes.

Mr. Jones noted that the parking situation had been addressed by the applicant and short of towing vehicles from the fire department lot there was not much control over those who may park there. He added that there was more than enough access into the building should there be an emergency.

Mr. Pinsky commented that there were still items missing on the site layout that needed to be clearly identified such as how many people would be using the second floor office space, etc.

Mr. Grasso stated he did not see a notation on the plans for where the dumpster would be located.

Ms. Gabriel said the dumpster location had been put on the site plan and clarified where it was.

Mr. Grasso asked how the concerns of the fire department were to be addressed.

Mr. Zurofsky added that the dumpster question had been addressed and when it came to the fire department concerns, there seemed to be an emphasize of concern on the parking situation, as a portion of the municipal lot belongs to the fire department. He suggested clear signage being placed in the lot not only by the applicant but going to the Town Board in regards of the signage issue as it had been a long-standing problem.

The Board discussed various sign ideas with the applicant.

Chair Lindstrom went through a whole list of items. She said the dumpster location may be troublesome in the winter, as it was not being shown to being placed on a solid portion of land, rather gravel. She also noted that the additional retail space Mr. Rich was going to be using, next store to the grocery store would also need to have a sign on it that followed the Town Code. Chair Lindstrom reminded the applicant that a building permit would need to be obtained once renovations and/or additions were in place to make the building and business compliant. She added another reminder for the applicant that the DOH had stated no coffee or tea could be served at the store due to the water and septic issues, which she noted the applicant kept stating he would be serving. She reiterated the DOH had said it would not be allowed.

There was a discussion about the fire and emergency access. It was suggested taking a parking spot out of the parking lot to access the building points of egress easier.

Mr. Rich stated he was pleading with the Board to not make him take away another spot for parking as their parking was limited as it were. He said that the spot designated for delivery could be used for emergency access. He said that he did not want to lose another spot and assured the Board they would send more people for parking across the street if needed.

The Board moved on to the public hearing. Chair Lindstrom opened the public hearing.

Ms. Maria Reidelbach stated she was the original owner of the building. She stated she had to put signs up when she owned the building and was in favor of more signage. She said she was in favor of the general store idea and felt it would greatly benefit the Town. Ms. Reidelbach said she was appreciative of all the time put in by the Board for safety, but time was of the essence and an approval was imperative. She ended with that she could not wait to see what the store would bring for the area.

Ms. Susan Sprachman read a letter she had emailed to the Board earlier that day:
“Dear members of the planning board, My name is Susan Sprachman and I am a resident of Kripplebush—my home while in Marbletown is very close to the Rochester border. I am in, perhaps, a unique position to comment on the project proposed by Henry Rich as I have known him for over 30 years. He and my son became friends in the 4th grade and have remained friends ever since. I remember clearly discussions with Henry when he was planning to open his first restaurant in Brooklyn. I asked him what he knew about the restaurant business and he replied that he would consult people who were knowledgeable and work with the community to determine the kind of restaurant they needed. His first restaurant, Ruccola, was successful because Henry listened to the community—they wanted a place where you could order a full meal, or small plates to accompany conversation. They wanted a place that served food all afternoon and evening and he accommodated that. Henry bought a weekend house up here a few years ago and, as has been the case with many of us, decided he wanted to find a way to make this area his home. As an entrepreneur he looked for a need that he could help fill, and saw the opportunity in a long-empty building in the middle of town which, conveniently, sat next to a house he could purchase for his father. His idea of bringing a high-quality grocery/convenience store to town has met with much enthusiasm from people who subscribe to Next Door. Being Henry, he wants to create a place where everyone will be comfortable—long -time residents, new residents, visitors. I think you will find that Henry does not take his promises lightly. Just as he has worked with the Planning Board for the past few months to find solutions to problems that Board found in his original plans, he will work with the community to create a space that is welcoming and benefits Accord. A letter that was read at the first Public Hearing questioned whether he would curb parking and, perhaps, change the model he has proposed for the store. While there will always be shoppers who try to bend the regulations, Henry has promised this planning board that he will make sure that parking is not a problem and that he will take steps to curb congestion and he will honor that pledge. He has reached out to the community to see what kinds of food in terms of groceries and prepared foods people want—and he will meet those needs within the restrictions of the Board of Health. I’d like to close where I began. I have known Henry for over 30 years—you have known him for just about a year. He is someone who will take his obligations to the town and the Planning Board seriously and do his part to preserve downtown Accord while providing a service to the community.”

Ms. Grace Bonney stated she was in support of revitalization of Main St. Accord and appreciated the project. She stated she felt it would be a great addition.

Chair Lindstrom added that many emails and letters had come in that day and previous days for Mr. Rich’s review.

There were no further comments.

Chair Lindstrom made the motion to close the public hearing. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions, 0 absent.

Mr. Zurofsky asked about the fire department and if their comments were binding.

Attorney Christiana stated they were not binding and said the Board looked at them and if the Board agreed that there was something substantial that required making a change then the Board could make that change and there could being things brought up in their response that the Board had alreadyaddressed and the Fire department was unaware of but it was up to the Board to give then credence as it would be with anyone else’s comments.

Mr. Williams said he also had something to add to what Mr. Zurofsky had brought up.He asked how the issues brought up by the fire department effected the approval of the purposed project.

Chair Lindstrom offered some solutions to some of the items that had been brought up by the fire department but added that some of the issues were out of the Board’s purview.

Mr. Pinsky stated he felt that the fire department was being a bit too worried. He added Mr. Rich was going to take care of everything to ensure safety issues would be addressed.

Chair Lindstrom reminded Mr. Pinsky that the Board was giving the use to the land and although Mr. Rich was going to take care of everything while he owned the building, store, etc., that did not mean the next owner would be the same and would do things in the proper manner.

There was a discussion about the parking, again, due to the new concerns and information received and brought up by the fire department. The focus of the discussion was the suggestion made earlier that evening during the applicant’s review about designating a parking spot in the parking lot solely for emergency vehicles.

Mr. Jones said he liked the parking as it was and suggested a Board vote on changing or keeping the current parking suggestion.
Mr Jones- Keep the current parking
Mr. Pinsky- Keep the current parking
Ms. Maloney- Keep the current parking
Mr. Grasso- Keep the current parking

Chair Lindstrom said there were 4 votes to keep the current parking plan and that was the majority so it was to stay the same.

Ms. Maloney did add to her vote that she was curious to see if the prior owners also had to deal with the safety concerns that the fire department had brought up in their letter to the Board.

Mr. Zurofsky suggested making the “loading” area emergency/residential parking and add signage stating as such.

Attorney Christiana said if the Board wanted more wayfaring signs for the municipal lot they may want to write a letter to the Town Board. She also stated that Ms. Gabriel should reach out to the Fire Department to help address their concern.

There was no further discussion.

*The Board took a 10 minute break 9:18pm-9:28pm*

*The Board reconvened at 9:28*

PB 2020-06 SBD Public Hearing/Continued Application
Olga Byrne (Owner and Applicant)
Minor Subdivision
Applicant proposes a minor subdivision into three lots of the parcel S/B/L 60.3-2-2.510 (+/- 23.8 acres) located at 2002 Queens Highway, Accord, NY with access by a shared driveway. The current shared driveway is to be abandoned so that it no longer serves the adjacent parcel 60.3-2-51.120 as well as the proposed three lot subdivision. Proposed lots: lot one of +/-9 acres, lot two of +/- 4.9 acres and lot three of 9.9 acres. Parcel is in the R-2 (Low Density Residential) zoning district. Parcel is flat to sloping woodlands and contains a named stream (Gray Creek), ACOE wetlands, and Ulster County Habitat Core Lands.
SEQRA: Unlisted Uncoordinated, Conditional Negative Declaration December 12/14/2020

Ms. Heather Gabriel was present on behalf of the application.

Ms. Gabriel explained that she had not yet prepared a response to CPL and therefore had nothing to present. She stated she would have the responses prepared in time for the April 12th, 2021 regular meeting.

Chair Lindstrom made the motion to keep the public hearing open until the April 12th, 2021 regular meeting. Mr. Zukofsky seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions, 0 absent.

PB 2021-02 SBD Continued Application
John Dawson (Applicant) & Richard Smith (Owner)
Minor Subdivision
The applicant proposes a two lot subdivision of lands located at Cedar Drive, Accord, NY S/B/L 68.1-2-59.111 (+/- 23 acres). There is an existing mobile home with well and septic and vacant wooded and open lands. Parcel contains a stream, small potential wetlands and partial medium quality UC Habitat Core Lands/DEC Core Forest Layers of 60 – 80% quality. Parcel is in the R-2 (Low Density Residential) Zoning District.
SEQRA: TBD

Mr. John Dawson was present on behalf of the application.

Chair Lindstrom explained the subdivision and that should the subdivision be approved; the land could not be divided again. She noted that the requested items of the previous month’s meeting had been added to the maps which were: topography, habitat core, and wetlands.

Mr. Dawson noted the location of the electrical boxes had been added as requested.

Chair Lindstrom explained there had been an issue with the Road Maintenance Agreement/Shared Driveway.

Attorney Christiana said she would talk to Mr. Dawson about the changes that were needed.

Mr. Grasso wanted clarification that the second lot could not be subdivided again as it was a flag lot.

Mr. Dawson reiterated it would not be subdivided again.

Mr. Pinsky asked why the line on the map for lot #2 was not as defined as the line for Lot #1.

Chair Lindstrom said the delineation line could be made darker. She also stated a note on the map needed to be added stating the lot #2 could not be subdivided again as it was a flag lot.

Chair Lindstrom made the motion to set the application for public hearing at the April 12th, 2021 regular meeting. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstention, 0 absent.

Chair Lindstrom stated the applicant needed to get the driveway agreement straightened out and to add the map note as well as make lot #2’s delineation line darker.

PB 2020-07 SBD Continued Application
Susan Cusack (Owner & Applicant)
Minor Subdivision
The applicant proposes a seven lot (7) subdivision of the parcel. Parcels current use is the Villa Veritas Rehabilitation Center, woodlands and farmlands. Parcel is located on Upper Cherrytown Road, Kerhonkson, NY S/B/L 68.1-1-27 +/- 108 acres and is in the AR-3 Zoning District. Parcel and proposed subdivision parcels contain lands within a FEMA 100 year flood plain, contain a named stream (Mombaccus Creek) and an unnamed tributary stream, hydric soils, prime farmland and farmland of statewide importance, are in the Ulster County AG-3 agricultural district, contain Ulster County Habitat Core lands and are within the UC DOH Aquifier Zone. Proposed new subdivision lots are all to have separate driveway access onto Upper Cherrytown Road and are proposed to be 5 and 3 acres in size.
SEQRA: TBD

Mr. Barry Medenbach was present on behalf of the application. Ms. Elizabeth Axelson and Mr. Greg Bolner from CPL were also present.

Chair Lindstrom explained the application and stated it had been sent to CPL for review. She said CPL had provided comments about the driveway, grading, make-up of the lots, storm water concerns, and amendments to SEQRA that needed to be addressed.

Mr. Grasso stated there were concerns with the proposed subdivision. He said he drove by the property and could see that some of the lots may needed to be taken out.

Mr. Jones inquired about the status of the Conservation Easements. He voiced his concern regarding habitat issues and the endangering species.

Attorney Christiana responded that she had spoken with the applicant’s attorney and there would be restriction on the deed for conservation.

Ms. Axelson stated she would like for the secretary of the Board to give her contact information to Mr. Medenbach to discuss some of the comments CPL had provided and so Mr. Medenbach to better address.

Mr. Medenbach offered to stake out driveway and property for the Board to view.

The Board indicated they would appreciate that.

There was no further discussion.

PB 2020-09 LLI & 2020-12 SBD Continued Application
Streamside Estates (Owner and Applicant)
Major Subdivision
Applicant is proposing (a) a lot line adjustment to convey +/- 1.6 acres from the existing 46.9 acre lot S/B/L 67.-2-43.141 to an adjoining +/- 17.1 acre lot S/B/L 67.-2-43.151 which contains an approved mobile home park with 16 units presently in the same ownership as S/B/L 67.-2-43.141. Lands to be conveyed hold a well servicing the mobile home park. Applicant is proposing (b) a subdivision of the remaining +/- 46.9 acre lot into two lots, proposed lot one of +/- 9.2 acres and proposed lot 2 of a remaining +/- 36.2 acres. The mobile home park (S/B/L 67.-2-43.151) is accessed by a private road and the rear S/B/L 67.-2-43.141 will retain access through the private road with a ‘retained ROW’ of 50 feet. The proposed lot one of +/- 9.2 acres will further be landlocked and need access by the private road, thus constituting a major subdivision and proposed lot one will be subject to review under 140-10D (3), Private Road Frontage as well as Chapter 125, Subdivisions. Parcels are located at 190 Cherrytown Road, Kerhonkson, NY; are in the AR-3 Zoning District; are adjacent to Ulster County Agricultural District lands; contain farmland of statewide importance, a named stream (the Mombaccus Creek), ACOE wetlands; and S/B/L 67.-2-43.141 is in the FD Overlay District and contains Ulster County Habitat Core lands, primarily over the area of the Mombaccus Creek. Proposed lot one of +/- 9.2 acres is comprised substantially of FEMA Flood plane lands/hydric soils.

Mr. Barry Medenbachand Ms. Heather Gabriel were present on behalf of the application. Ms. Elizabeth Axelson and Mr. Greg Bolner were also present.

Chair Lindstrom explained the application.

Mr. Zurofsky voiced his concern about the access going through the mobile home park.

Mr. Jones concurred with Mr. Zurofskyand stated he was concerned with the flood plain on the property as well.

Mr. Pinsky asked about a driveway agreement and did not understand the concern the other members were having with the mobile home park access.

Mr. Grasso asked about a Road Maintenance Agreement from the Mobile Home Park and shared the same concern with Mr. Zurofsky and Mr. Jones.

Chair Lindstrom stated this had been determined to be a major subdivision and therefore needed more items pertaining to a major subdivision. She stated it would be a good idea to set an escrow amount and have CPL review everything needed.

Mr. Grasso made the motion to send the application to CPL for review. Chair Lindstrom seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions

Ms. Axelson from CPL suggested an escrow amount of $4,500.00 as an initial deposit.

Chair Lindstrom made the motion to set escrow in the amount of $4,500.00 for the application review by CPL. Mr. Grasso seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions

Ms. Axelson stated they would not start the review process until escrow was established.

Attorney Christiana asked when the preliminary approval for a past proposed subdivision had been done.

Mr. Medenbach stated he thought it was about 10 years ago.

Mr. Zurofsky asked about the timeline to gain a response from CPL so it would get to the applicant.

Ms. Axelson stated it would take about 7-10 business days.

There was no further discussion.

PB 2021-0X SBD Pre Application/Amended Application
Vinci Farm LLC c/o Clauda Dal Farra
Major Subdivision/Conservation Subdivision
Applicant proposes the division of S/B/L 76.1-1-22.112 (+/- 33.8 acres) into six lots. Lot one (+/- 15.5 acres) will maintain the existing recording studio use (PB approval 6/22/2010). Lot 2 (+/- 5.2) acres, lot 3 (+/-3.6 acres), lot 5 (+/- 1.3 acres) and lot 6 (+/- 1.0 acres) are proposed each to contain an existing single family residences with well and septic. An additional lot 4 (+/-7.3 acres) is proposed for a single family residence (with well and septic). The subdivision is designed as a conservation subdivision as per 125-23 with a +/- 17.5 acre (51.8% of the total acreage) conservation easement ‘lot’. Parcel is in the AR-3 zoning district and located at 6 Old Pilgrims Way, Kerhonkson, NY with frontage onto Clay Hill Road, Kerhonkson, NY. Parcel is in the Ulster County Ag District, contains DEC known Trout Stream and UC Habitat Core lands along the rear interior of the parcel. The parcel further contains ACOE Wetlands (Ponds), and prime farmland and farmland of statewide importance.
SEQRA: TBD

Mr. Medenbach and Ms. Heather Gabrielwere present on behalf of the application. Ms. Elizabeth Axelson and Mr. Greg Bolner were also present.

Chair Lindstrom stated this was another rather involved application and required an extremely in-depth review. She suggested sending the application to CPL.

Chair Lindstrom made the motion to send the application to CPL for review. Mr. Grasson seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions, 0 absent

Ms. Axelson proposed the initial escrow deposit be $4,500.00. She explained what she would do in terms of a review, including a more through habitat study.

Chair Lindstrom made the motion to set escrow in the amount of $4,500.00 for the application review by CPL. Ms. Maloney seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 absent, 0 abstentions

Ms. Gabriel inquired why a more through Habitat Study was necessary.

Ms. Axelson explained that it was to pinpoint some resources on the site to be avoided and where the best places to place homes so there would be less rows of driveways and less land disturbance, etc.

There was no further discussion.

OTHER MATTERS

Chair Lindstrom stated that Supervisor Baden had sent the proposed Local Law #3-2021: Subdivisions to the Planning Board for comment. She stated he had set a public hearing for April 8th, 2021 on the proposed amendment to the subdivision law. She stated it was due to the influx of subdivision applications requiring major subdivision review and approval even though they were minor in nature.

Mr. Zurfosky said there were many technical errors with the proposed amendment and that it seemed to have been rushed when written.

Mr. Grasso said he could see why it was done quickly, as this seemed to be becoming an issue with subdivisions, however, he felt it also needed more clarification and time spent on it before it could be reviewed and approved.

Mr. Williams agreed that there was a reason the proposed law had been done. He said the need was valid but agreed with the previous points that it needed more clarity.

Chair Lindstrom said there was no need to rush a response to the Town Board nor to change the law. She agreed it needed to be better thought out.

The Board moved on.

Mr. Grasso suggested having the meetings begin at 6pm rather than 7pm as the agendas were becoming rather long and many of the Board members and applicants had jobs that began early in the morning.

The Board discussed Mr. Grasso’s idea. There was a discussion about agenda items cut-off as well as beginning earlier but not at 6pm due to some members having other commitments that they could not be present that early.

There was no further discussion.

ADJOURNMENT

Mr. Zurofsky made the motion to adjourn the meeting at 11:10pm. Ms. Maloney seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions, 0 absent.

Respectfully submitted,

Brianna Tetro, Secretary
Accepted and Adopted: March 8th, 2021