PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NY
845-626-2434

MINUTES MEETING OF SEPTEMBER 12, 2022 REGULAR MEETING OF Town of Rochester PLANNING BOARD held at 7:00PM at the Harold Lipton Community Center and streamed live via YouTube.

Chair Psaras called the meeting to order at 7:00PM and asked everyone to stand for the Pledge of Allegiance.

The Planning Board Secretary did roll call attendance.

PRESENT: ABSENT:
Bruce Psaras, Chair Zorian Pinsky
Rick Jones
Marc Grasso
Zachary Jarvis
Maren Lindstrom
Patrick Williams
Ann Marie Moloney, Alternate

ALSO PRESENT: Nicole Knapp, Planning Board Secretary; Liz Axelson, Planning Consultant, CPL; Mary Lou Christiana, Attorney for the Town

APPLICATION REVIEW:

1. PB 2021-26 SBD (Major) Continued Application/PUBLIC HEARING
Thomas McCarthy – Queens Hwy/Route 209
S/B/L 76.2-2-5.12
Thomas and Gina McCarthy were present on behalf of the application.
Mr. Jones pointed out the new plan set did not have the 16 foot paved apron of the shared driveway labeled.

The Planning Board members discussed the culvert under Route 209. Ms. Axelson stated it is hard to say whether the culvert will be sufficient or not until there is more knowledge about what the commercial lot will become.

Ms. Axelson summarized the engineering comments resulting from the last off-line consultation with CPL’s engineer and the applicant’s engineer. The SPDES report is in progress according to the applicant’s engineer.

Ms. Christiana stated the reviewed and approved the share driveway agreement that was submitted by the applicant.

John Dawson made comment in favor of the subdivision, stating the development of that lot will help prevent future flooding in that area.

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

Ms. Axelson will prepare a draft decision at the request of the Planning Board.

2. PB 2022-09SBD (Minor) Continued Application
Gazlay Subdivision – John Dawson
S/B/L 76.2-2-41 – 5998 Route 209
John Dawson was present on behalf of the application.
The Board conducted a SEAF part 2 review for SEQRA.
Mr. Jones made a motion to type the application as an Unlisted, Uncoordinated action for SEQRA. Mr. Grasso seconded the motion.
ROLL CALL:
Mr. Jones – Aye
Mr. Grasso – Aye
Mr. Jarvis – Aye
Ms. Lindstrom – Aye
Mr. Williams – Aye
Chair Psaras – Aye

All in Favor. Motion Carried
6 ayes, 0 nays, 0 abstentions, 1 absent
Ms. Lindstrom made a motion to declare no negative environmental impact. Mr. Jarvis seconded the motion.
ROLL CALL:
Mr. Jones – Aye
Mr. Grasso – Aye
Mr. Jarvis – Aye
Ms. Lindstrom – Aye
Mr. Williams – Aye
Chair Psaras – Aye

All in Favor. Motion Carried
6 ayes, 0 nays, 0 abstentions, 1 absent
Chair Psaras opened the Public Hearing and read through the procedures.

No individuals present at the meeting to speak, no written correspondence was received.

Mr. Jones made a motion to close the Public Hearing. Ms. Lindstrom seconded the motion.
All in Favor. Motion Carried
6 ayes, 0 nays, 0 abstentions, 1 absent
Ms. Axelson will draft a decision at the request of the Planning Board.

3. PB 2022-06 SBD (Minor) Continued Application
Wayne Gray, Sr.
S/B/L 60.3-3-48.600 – Samsonville Rd.
Wayne Gray, Sr. was present on behalf of the application.
Chair Psaras noted a Road Maintenance Agreement was discovered from over twenty years ago. It was determined the applicant and his sister are the only two of the original five parties from the agreement that are still residing at that location.
Chair Psaras read the draft decision:
Decision: PB 2022-06 SBD
Minor Subdivision Conditional Final Approval

Applicant: Wayne A. Gray & Susan Gray Subdivision

Reason for Request: Applicant proposes a subdivision of the current +/- 20.1-acre parcel into two lots: Lot #1 – +/- 1.5 acres & Lot #2: +/-18.6 acres.

Location: 837 Samsonville Road (Ulster County Route 3), Kerhonkson, NY
Total Acreage: +/- 20.1 acres
S/B/L: 60.3-3-48.600 Zoning District: I (Industrial)

The applicant proposes a two (2) lot subdivision of the parcel. The parcel’s current use is residential with two existing single-family homes with existing improvements on +/- 20.1 acres. The subdivision would result in the creation of a new 1.5-acre lot for one of the existing homes, a barn, septic system, existing well, and existing improvements (Lot 1). A new 18.6-acre lot would also be created for an existing home, a shed, septic system, existing improvements, and an existing well ?? (Lot 2). Both homes have access to Samsonville Road (Ulster County Route 3) and Route 66 (a private road) via an existing network of driveways.

SEQRA: Unlisted/Uncoordinated, and Negative Declaration on August 8, 2022
Code Enforcement Determination: Minor Subdivision
Zoning Permit: 21/519

Planning Board Application: 2022-06 SBD
PB Application filed: 5/3/2022
EAF filed: 5/3/2022
Other Agency Referrals: None

WHEREAS, an application for subdivision approval was submitted to the Planning Board for the project as follows:
• the application was submitted by Wayne A. Gray, Sr., and Terry J. Ringler, Jr., LS, Ringler Land Surveying, PLLC (the “Project Sponsors”);
• “Project Sponsor,” wherever used herein shall mean, and is intended to mean, the Applicant as identified in the above referenced Application, its successors in interest or assignees as may be appropriate;
• the applicants paid their application fees and deposited monies into an escrow account to cover the consultant charges for the review of the project in accordance with the current Fee Schedule and in agreement with the provisions of Section 125-19 of the Town of Rochester (TOR) Subdivision Code, and Section 140-63 of the Code of the Town of Rochester.
• the applicant submitted drawings, prepared by Terry J. Ringler, Jr., LS, Ringler Land Surveying, PLLC, as more fully listed at the end of this resolution, including a Survey Map of Minor Subdivision of Lands of Wayne A. Gray & Susan Gray; and
• the application was accepted by the Planning Board of the Town of Rochester on May 3, 2022; and
• the application was referred by the Planning Board of the Town of Rochester to the Town Consulting Planner and Engineer, and the Town Planning Board Attorney; and

WHEREAS, the action is an Unlisted action pursuant to 6 NYCRR 617.4 and 617.5 of the implementing regulations pertaining to Article 8 of the SEQRA (State Environmental Quality Review Act) of the Environmental Conservation Law; and the Planning Board concluded its review under SEQRA by adopting a Determination of Non-Significance (Negative Declaration) at its regular meeting on August 8, 2022; and

WHEREAS, the Planning Board reviewed the Application, and all supporting documentation and information pursuant to the standards and criteria for subdivision approval set forth in the Code of the Town of Rochester, Chapter 125, Subdivision of Land; and pertinent requirements and standards of Chapter 140, Zoning; and

WHEREAS, the Planning Board held a duly noticed public hearing on the completed Application pursuant to Chapter 125, Code § 125-12. F on August 8, 2022, which was closed on August 8, 2022;

FINDINGS:

NOW THEREFORE BE IT RESOLVED, the Planning Board of the Town of Rochester makes the following findings about this project:

1. The Planning Board received zoning determination and classification that the subdivision is located in an I (Industrial) zoning district and is a minor subdivision per correspondence from the Code Enforcement Officer received May 3, 2022;
2. The proposed 2-lot subdivision, which would result in two new lots with both lots intended for existing single-family homes, was discussed at regular meetings of the Planning Board held on June 13, 2022, July 11, 2022, August 8, 2022, and September 12, 2022, during which the Planning Board, its consultant and the Applicants representative discussed the site’s land use and natural features including the site’s topography, and access; and
3. In response to material set forth by the applicants as well as the Town’s consultants along with comments from the Planning Board, the Board finds the following impacts and determinations based on the most current plan dated April 23, 2022, revised July 20, 2022, including:
a. The site is developed with the following existing features: – an existing home, a barn, septic system, existing well, and existing improvements, which would be located on the proposed +/- 1.5-acre lot; and – an existing home, a shed, septic system, existing improvements, and an existing well, which would be located on the proposed on +/- 18.6-acre lot. Accordingly, there would be a minor proposed change and no increase in land development; and a correspondingly minor change in and no increase in stormwater runoff from the proposed subdivision; and
b. The proposed lots will comply with the I zoning district lot area and bulk requirements and pertinent subdivision design standards and requirements.

These Findings having been prepared by the Board and read and discussed at the meeting of September 12, 2022. The Board hereby Adopts these Findings on September 12th, 2022, by the following Vote:

Ayes: __6_ Nays: _0__ Absent: _1__

Motion to adopt findings by: __Rick Jones___
Seconded by: __Zachary Jarvis____

CONDITIONS OF APPROVAL

NOW THEREFORE BE IT RESOLVED, that the Town of Rochester Planning Board hereby grants Minor Subdivision Conditional Final Approval of the proposed 2-lot subdivision situated at 837 Samsonville Road (Ulster County Route 3), Kerhonkson, NY, as depicted on the “Survey Map of Minor Subdivision of Lands of Wayne A. Gray & Susan Gray”, prepared Terry J. Ringler, Jr., LS, Ringler Land Surveying, PLLC, dated April 23, 2022, Revised July 20, 2022, subject to satisfactory compliance with the following conditions:
1. The Project Sponsor shall reimburse the Town of Rochester for all costs incurred by the Town for the review of this subdivision proposal. The final plat for this subdivision will not be stamped and signed by the Planning Board Chairman unless and until all appropriate costs incurred by the Town for the customary and necessary review have been paid for by the Applicant by either means of the escrow account established at the initial application stage or by check payable to the Town of Rochester.
2. The Applicant shall present a Final Plan for signature, that shows and labels existing rock walls.
3. The Applicant shall present a Final Plan for signature, that includes the following plan note: “No Further subdivision of this parcel is permitted without the prior approval of the Planning Board.”
4. Revise the “Survey Map of Minor Subdivision of Lands of Wayne A. Gray & Susan Gray” to be entitled “Final Plat Showing Subdivision of Lands of Wayne A. Gray & Susan Gray”.
5. The Owners’ Consent Block shall be signed and dated by the Owners following the date of last revision and prior to the Chair signing the plat.

This Minor Subdivision 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 Town of Rochester Planning Board.

The Town of Rochester Planning Board further grants Minor Subdivision Conditional Final Approval upon satisfactory completion of the conditions of Approval 1 through 5 above.

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 September 12,_2022, by the following vote:

Ayes: _6_ Nays: _0_ Absent: _1_

Motion to adopt approval with condition by: ___Rick Jones_____
Seconded by: _ Maren Lindstrom _

Ms. Axelson will revise the draft resolution to reflect the new information regarding the existing RMA.

4. PB 2021-07 SBD (Minor) Continued Application
CDG Ridgeview
S/B/L 68.1-1-47 – Ridgeview Rd.

Christopher Coleman and Chris Di Chiaro were present on behalf of the application.

Ms. Axelson reviewed the outstanding comments from her most recent review letter with the applicant’s representatives.

Ms. Christiana to review the submitted Road Maintenance Agreement.

Chair Psaras read a comment letter from the Accord Fire District Chief:

Nicole

I went over the proposal and survey by CDG Survey

I would like to see the Town of Rochester to establish a minimum standard on all new Construction sites. enclosed is what I could question on this survey or even older construction sites or older established properties in the town.

Any shared road or private driveway over 500 should have a minimum 30′ wide x 40′ pull off for emergency vehicles and continue as such until reaches the end the road. this pull off is used in such a place to pass each other or to establish a command post. or water relay engine (fire truck)

Private roads should be at least14′ feet wide. preferably wider since we do have snow and driveways tend to get smaller during each storm and can freeze before they can be pushed further as the season continues.

Any private road or driveway over 500 ‘ Feet should have a large enough spot to turn around at the resident.

Driveway entrance should be a minimum of 25′ to 30′ feet wide and continue for 40’ feet at each before they taper back down. whether on public or private roads. such as a funnel look

Driveways should be marked with an address in both directions on public and private roads with reflective numbers.

This survey appears to pretty level, but one thing to consider is on other properties is the elevation in degrees (Angles) the steepness plays a big role.

I could not tell the width and length of the proposed private roadway off of Ridgeview Rd entering into Lot #1 and continuing into lots #2 & #3.in such of the roadway, my concern is always getting equipment in those areas in all types of weather and getting them out the area once the emergency is clear.

The Accord Fire District does not have fire hydrants, so we are relying on a lot more equipment using the same roads without making a bottle neck trying to get passed one and other or getting turned around. Most private roads over the years are an issue because they are not maintained, such as snow removal or overgrowth of trees or brush in years because the lack of knowledge until the day that there is an emergency such of the area.

I know we cannot control what the future property will do with their properties, but during an emergency is not a good time to find out.

Please feel free to reach out to me if should have any other questions or concerns.

Thank you
Accord Fire District
District Chief
Richard Demorest

The Planning Board appreciated and agreed with many of the remarks mentioned in the letter but stated many of these issues would be for the Town Board to consider.

There was a discussion around the size of the trees present on the parcel. It was determined most of the trees are smaller in size and the applicant could ask for a waiver from the Board for this requirement.

Mr. Grasso made a motion to grant a waiver from the tree width requirements. Mr. Jones seconded the motion.

The Planning Board and applicant continued to go over Ms. Axelson’s review letter. The outstanding items were discussed, including the material to be used for the shared driveway, sight distances, conservation area signs and map labels, as well as the addition of a map note stating the Board recommends usage of rain gardens. The applicant will file a submission for SHPO through the Cultural Resource Information System.

Ms. Lindstrom made a motion to set the Public Hearing for October 12, 2022 contingent on the receipt of outstanding items by September 28, 2022. Mr. Jones seconded the motion.
All in Favor. Motion Carried
6 ayes, 0 nays, 0 abstentions, 1 absent

5. PB 2022-05 SBD (Minor) Continued Application
Steven Cohen/Zali Winn
S/B/L 60.3-2-2.100 – Queens Hwy

Steven Cohen, Zali Winn, and Donald Brewer were present on behalf of the application.
The Planning Board members discussed a few items missing from the map. The length and width of the drive must be labeled, the home site moved over to avoid need for variance, and addition of a 100-foot buffer from the high-water mark of Gray Brook across from Queens Highway.
Mr. Grasso made a motion to set the Public Hearing for October 12, 2022 contingent o the receipt of outstanding items by September 28, 2022. Mr. Jarvis seconded the motion.
All in Favor. Motion Carried
6 ayes, 0 nays, 0 abstentions, 1 absent

4. PB 2021-17 SBD (Major) Continued Application
DeJager Realty, LLC
S/B/L 77.1-2-33.510

Nadine Carney was present on behalf of the application. She stated the intent of progressing SEQRA and provided an updated SEAF part 1. Federal wetlands were identified by North County and the Army Corps of Engineers will be consulted. The homeowner’s association will have ownership of the proposed conservation area and road collectively. Drainage easements will be present throughout the subdivision and will locate trees greater than 24 inches wide.

The Planning Board agreed to have Ms. Axelson conduct a preliminary review before the Board declares intent for Lead Agency on this application. Ms. Axelson stated she will have comments readied for the applicant within two weeks.

5. PB 2021 -03 SBD Continued/Amended Application
Vinci Farms c/o Claude Dal Farra
S/B/L 76.1-1-22.112 – Old Pilgrims Way/Clay Hill Rd.

Claude Dal Farra and Solomon Latham of Medenbach & Eggers were present on behalf of the application.

There was clarification that this application is an amended application and is no longer a conservation subdivision.

Mr. Grasso went through the subdivision application checklist with the applicant and noted the missing items from the map, including labeling of ACOE wetlands, soil types, wetland buffer, proper pull-offs for emergency vehicles, amongst others.

Ms. Lindstrom made a motion to set the Public Hearing for October 12, 2022 contingent on the receipt of outstanding materials by September 28, 2022. Mr. Jarvis seconded the motion.
All in Favor. Motion Carried
6 ayes, 0 nays, 0 abstentions, 1 absent

6. PB 2022 -04LLI New Application
Lewis Waruch/Robert Anderberg/Elaine LaFlamme
SBL: 77.3-2-15 & 77.3-2-16.211

Patti Brooks and Elaine LaFlamme were present on behalf of the application.

Ms. Brooks presented the Lot Line Adjustment to the Board.

Ms. Lindstrom made a motion to certify the lot line adjustment. Mr. Grasso seconded the motion.
All in Favor. Motion Carried
6 ayes, 0 nays, 0 abstentions, 1 absent

Ms. Christiana noted this application is Type 2 for SEQRA and no review is necessary.

7. PB 2022 -03LLI
Jacob Hennessey-Rubin/Melissa LaChance New Application
SBL: 67.-1-14.100 – 32 Baker Rd.

Jacob Hennessey-Rubin was present on behalf of the application.

Mr. Hennessey-Rubin gave a summary of the application and stated he has received a variance from the Zoning Board of Appeals, since both lots are non-conforming to their zoning district. A condition of the variance was the concrete pad would need to be removed.

Chair Psaras referred to Town Code Section 125-18 stating this application needs a Public Hearing because the lot is undersized.

Ms. Lindstrom made a motion to set the Public Hearing for October 12, 2022. Mr. Jones seconded the motion.
All in Favor. Motion Carried
6 ayes, 0 nays, 0 abstentions, 1 absent

OTHER MATTERS:
o Banner Amended EEO – Lead Agency Circulation from Town Board

Ms. Lindstrom made a motion to consent to the Town Board as Lead Agency for SEQRA regarding this amended EEO. Mr. Williams seconded the motion.

ROLL CALL:
Mr. Jones – Aye
Mr. Grasso – Aye
Mr. Jarvis – Aye
Ms. Lindstrom – Aye
Mr. Williams – Aye
Chair Psaras – Aye

All in Favor. Motion Carried
6 ayes, 0 nays, 0 abstentions, 1 absent
o Town Board Referrals:
1. Local Law M – Commercial Events Facilities
2. Local Law N – Accessory Structures and Uses
3. Local Law O – Kennels
4. Local Law P – Transfer of Density Rights
5. Local Law Q – Lot Development Standards
6. Local Law R – Landscape Standards
7. Local Law S – Overlay Districts
The Board decided to table the Town Board referrals to the September workshop meeting.

TRAINING:
o 9/13 NYPF Training – Agenda distributed via email/members signed up to attend

ANNOUNCEMENTS AND COMMUNICATIONS:

Ms. Lindstrom made a motion to cancel the September 26, 2022 Planning Board workshop meeting. Mr. Jarvis seconded the motion.
All in Favor. Motion Carried
6 ayes, 0 nays, 0 abstentions, 1 absent

Mr. Grasso made a motion to hold the workshop meeting on September 19, 2022. Mr. Jarvis seconded the motion.
All in Favor. Motion Carried
6 ayes, 0 nays, 0 abstentions, 1 absent

ACTION ON MINUTES:

– Mr. Grasso made a motion to approve the minutes of August 8th, 2022 Planning Board workshop meeting. Mr. Jarvis seconded the motion.
All in Favor. Motion Carried
6 ayes, 0 nays, 0 abstentions, 1 absent

Secretary Knapp left the meeting at 10:20pm.

EXECUTIVE SESSION:
Recommended Resolution: The Town of Rochester Planning Board motions to enter into executive session at 10:20 pm for the purposes of discussions regarding matters leading to the appointment, employment, dismissal, or removal of a particular person or corporation.
Recommended Resolution: The Town of Rochester Planning Board motions
to exit executive session at 10:50 pm.

ADJOURNMENT:

Mr. Grasso made a motion to adjourn the meeting at 10:50PM. Chair Psaras seconded the motion.
All in Favor. Motion Carried
6 ayes, 0 nays, 0 abstentions, 1 absent

Respectfully submitted,
Nicole Knapp,
Secretary