Planning Board Minutes October 12th, 2022

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

MEETING MINUTES OF OCTOBER 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 7:03PM and asked everyone to stand for the Pledge of Allegiance.

The Planning Board Secretary did roll call attendance.

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

ALSO PRESENT:Nicole Knapp, Planning Board Secretary;Meagen Stone, Planning Consultant, CPL; Mary Lou Christiana, Attorney for the Town; Erin Enouen, Councilwoman and Planning Board Liaison for the Town Board.

APPLICATION REVIEW:

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

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

Chair Psaras stated this application is a Type II action for SEQRA.

Chair Psaras opened the Public Hearing.

No members of the public were present to speak and no written correspondence was received by the secretary.

Ms. Lindstrom made a motion to close the Public Hearing. Mr. Jones seconded the motion.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions

Mr. Jones made a motion to certify the lot line. Mr. Grasso seconded the motion.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions

2. PB 2022-05 SBD (Minor) Continued Application/PUBLIC HEARING
Steven Cohen/Zali Winn
S/B/L 60.3-2-2.100 – 1188 Queens Hwy
Steven Cohen, Donald Brewer, and Nadine Carney were present on behalf of the application.
Mr. Jarvis recused himself from this application at 7:10pm.
Mr. Grasso stated for the record that he had properties listed with the real estate agency Mr. Cohen works for and sought guidance from the Attorney for the Planning Board.
Ms. Christiana stated it was not required for him to recuse himself.
Ms. Lindstrom made a motion to type that application as an unlisted, uncoordinated action for SEQRA. Mr. Williams seconded the motion.
ROLL CALL:
Mr. Jones – Aye
Mr. Grasso – Aye
Mr. Jarvis – Aye
Ms. Lindstrom – Aye
Mr. Williams – Aye
Mr. Pinsky – Aye
Chair Psaras – Aye

All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions
The Board conducted an EAF part 2 review for SEQRA.
Ms. Lindstrom commented while there are no moderate-large environmental impacts, there are wetlands check zones from the DEC.
Ms. Carney stated there are no wetlands in that area and there is Department of Health approval for the septic located near the check zone.
Ms. Christiana stated the Board could make the declaration now and amend it later if necessary.
Ms. Lindstrom made a motion for a negative declaration for SEQRA. Mr. Jones seconded the motion.
ROLL CALL:
Mr. Jones – Aye
Mr. Grasso – Aye
Mr. Jarvis – Aye
Ms. Lindstrom – Aye
Mr. Williams – Aye
Mr. Pinsky – Aye
Chair Psaras – Aye

All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions
Mr. Grasso read the minimum separations as required for the Ulster County Board of Health.
Chair Psaras reviewed the items that had to be completed prior to this meeting, the Board finding them sufficient.
Mr. Pinsky noted the address of the property must be placed on the map and the soils need to be labeled on the map.
Chair Psaras opened the Public Hearing.
– Susan Gray: Property abuts the applicants’ parcel. She made comment about a large stone wall not depicted on the map and a large wet area on the parcel. She stated one of her main concerns was the proximity of the new house meeting the setback requirements from her property line. She stated she found out about the property by seeing the listing of the property for sale. She called into question the integrity of the applicant, listing the property before obtaining approval from the Planning Board.
Ms. Lindstrom posed a question regarding the listing. It was discussed that this was a Code Enforcement Office issue and there is nothing to be done on the Planning Board side other than advise future applicants.
– Brian Gray: The back side of the property is wet and there is a spring at the back of the proposed new house. There are springs under the ground that feeds his brother’s pond next door and one-half to three-quarters of the property is wet.
No written correspondence was received.

Mr. Cohen addressed concerns about the upper right hand corner of the property. He stated nothing is to be built in that area now or in the future.

Ms. Carney stated the location of the proposed house is at a higher elevation than the wet areas that are being mentioned.

Ms. Lindstrom stated currently there is only a line on the map designating that conservation area, which has no legal binding. There is a need for a conservation area in the deed.

Mr. Jones stated there is at least a need for lines of disturbance to be added to the map. Since it is listed on the DEC’s mapper as a critical area, there should be more critical action taken on the applicant’s part to prevent certain activities from being allowed.

Mr. Win stated they have no objection to creating a conservation area.

The applicant will contact the DEC regarding the wetlands check zone on the property. Setbacks/buffers may be necessary.

Ms. Lindstrom stated the standard subdivision notes, flag lot notes, and stone walls need to be added to the map. Soil types will also need to be labeled.

Ms. Lindstrom made a motion to hold the public hearing open. Mr. Jones seconded the motion.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions

Mr. Jarvis returned to the meeting at 7:58pm.

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

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

The Planning Board reviewed the Post-Meeting letter that was sent on September 15, 2022 following the September 12, 2022 meeting.

The Planning Board stated the letter from NYSOPRHP is still needed.

Ms. Lindstrom read through the conservation area notes that were added to the plan set by Mr. Di Chiaro. The Board stated there is a need for the detail of the witness posts to be added to the plans.

Mr. Di Chiaro stated there is no updated survey at this time, as Mr. Heidecker is out of the country.

Ms. Lindstrom 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
Mr. Pinsky – Aye
Chair Psaras – Aye

All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions
The Board conducted a SEAF part 2 review for SEQRA.

Ms. Lindstrom made a motion of a negative declaration for the application. Mr. Jones seconded the motion.

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

All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions
Chair Psaras opened the Public Hearing.

– William Zorilo: Made a comment regarding the location of the driveways and concern about where water will flow. He also made a comment about his view being affected by new construction, as his property is across from one of the proposed lots. He stated since there is a protected area where all the wetlands are located, this should help with that issue.

Mr. Di Chiaro stated three out of the five houses are out of view from the road and the others are set off the road with tree coverage.

Mr. Jones stated Mr. Zorilo could view the maps in the Planning Board office to get a better look at the conservation area notes and a better understanding of the subdivision layout.

Ms. Lindstrom stated Mr. Zorilo’s concerns are aided by the Town’s subdivision design requirements: to keep a barrier of natural vegetation in the front of the parcel, to keep large trees, to disturb as little land as possible.

Mr. Jones raised a concern about observing dark skies restrictions. He stated the Planning Board should discuss this when it comes up in the Town Board’s zoning changes.

Ms. Lindstrom made a motion to waive the soil stock pile detail requirement. Mr. Jones seconded the motion.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions

Mr. Jones made a motion to hold the public hearing open. Mr. Pinsky seconded the motion.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions

Ms. Christiana stated the shared driveway agreement provided by the applicant’s attorney was approved.

Ms. Lindstrom made a motion to rescind the previous motion to hold the public hearing open. Mr. Jones seconded the motion.
Majority in favor. Motion Carried
6 ayes, 1 nay, 0 abstentions

Ms. Lindstrom made a motion to close the public hearing based on the applicant’s counsel’s statement that an extension to make a decision would be provided to the Planning Board if outstanding materials were not received in a timely manner. Mr. Grasso seconded the motion.
Majority in favor. Motion Carried
6 ayes, 1 nay, 0 abstentions

A draft resolution with map notes will be prepared by CPL once the NYSOPRHP letter is received.

4. PB 2021 -03 SBD (Minor) Continued Application/PUBLIC HEARING 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 were present on behalf of the application.
The deed and Road Maintenance Agreement have been submitted to the Planning Board file. Mr. Latham stated they were still waiting on Board of Health approvals.
Mr. Dal Farra clarified that the studio on the premises is a commercial studio, but is not open to the public. Ms. Christiana stated there is no need for a new Special Use Permit.
A correction was made to the current SEAF part 1 and initialed by the representative to represent the accurate number of houses in the subdivision. The document will be scanned and placed into the file.
Ms. Lindstrom made a motion to type the application as an unlisted, uncoordinated action for SEQRA. Mr. Jones seconded the motion.

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

All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions
The Board conducted a SEAF part 2 review for SEQRA.

Ms. Lindstrom made a motion of a negative declaration for the application. Mr. Jarvis seconded the motion.

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

All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions
Chair Psaras opened the public hearing.
– Raymond Bajada: Stated his property borders the subdivision and there has been a problem drilling wells/accessing water for years. He inquired as to the impact of a new subdivision on the surrounding properties’ water sources. He also expressed concern over traffic increasing on Clay Hill Road in recent years. Drainage from the upper part of the subdivision’s parcels goes through his property.
Mr. Dal Farra stated he does not feel the new proposed home could cause any erosion, as it is much further from Mr. Bajada’s residence.
It was clarified with Mr. Bajada that nothing bordering his property was changing, that the new proposed house was on the other side of Old Pilgrims Way.
The Planning Board asked for well certification from an engineer for the new house.
Ms. Lindstrom motioned to hold the public hearing open. Mr. Grasso seconded the motion.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions

5. PB 2021-26 SBD (Major) Continued Application
Thomas McCarthy – Queens Hwy/Route 209
S/B/L 76.2-2-5.12
Thomas McCarthy was present on behalf of the application.
Mr. Jones read the draft conditional final approval.
Decision: PB 2021-26 SBD
Major Subdivision Conditional Final Approval

Applicant: Thomas McCarthy and Gina McCarthy

Reason for Request: Applicant proposes a subdivision of the current +/- 17.1-acre parcel into four lots: Lot #1 – +/- 2.443 acres (Driveway off ofRte 209); Lot #2: +/-8.306 (Driveway off of Queens Highway); Lot #3 – +/- 2.294 acres (Driveway off of Queens Highway) & Lot #4: +/-4.068 (Driveway off of Queens Highway).

Location: Route 209 & Queens Highway, Accord, NY
Total Acreage: +/- 17.111 acres
S/B/L: 76.2-2-5.12 Zoning District: B (Business)

The applicant proposes a four (4) lot subdivision of the parcel. The parcel’s current use is vacant, with frontage on US Route 209 and Queens Highway; and is +/-17.1 acres. The subdivision would result in the creation of 4 lots with: 1 lot with frontage on, and ultimately requiring a driveway from, Route 209 for nonresidential use, which will require site plan review in the future; and 3 lots for 3 new homes, with driveways, wells, septics, etc. A fifty-foot (50’) wide, 142’+ long right-of-way (ROW) is delineated to provide for shared driveway access from Queens Highway for proposed lots 2 and 4. Proposed lot 3 will have a separate driveway off of Queens Highway. This design provides driveway access for 3 lots (2 through 4) via only 2 points of access on Queens Highway.

SEQRA: Unlisted/Uncoordinated, and Negative Declaration on July 11, 2022
Code Enforcement Determination: Major Subdivision
Zoning Permit: 21/695, with Zoning Determination Letter dated December 27, 2021

Planning Board Application: 2021-26 SBD
PB Application filed: 12/27/2021
EAF filed: 12/27/2021
Other Agency Referrals:Accord Fire District, Department of Transportation, New York State Historic Preservation Office

WHEREAS, an application for subdivision approval was submitted to the Planning Board for the project as follows:
• the application was submitted by Thomas McCarthy and Gina McCarthy, Applicant (the “Project Sponsor”);
• “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 applicant paid 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 a drawing (1 sheet), entitled Survey Plan and 4 Lot Subdivision Sketch Plan for Lands of Thomas McCarthy and Gina McCarthy, prepared by Margaret M. Hillriegel, Licensed Land Surveyor, and several sets of revised drawings, including Survey Plat and 4 Lot Subdivision Preliminary Plan for Lands of Thomas McCarthy and Gina McCarthy, as more fully listed at the end of this resolution; and
• the application was accepted by the Planning Board of the Town of Rochester on December 27, 2021; and
• the application was referred by the Planning Board of the Town of Rochester to the Town Consulting Planner and Engineer, and theTown 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 July 11, 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 July 11, 2022, which was closed on September 12, 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 B (Business) zoning district and is a major subdivision per correspondence from the Code Enforcement Officer received December 27, 2021.
2. The proposed 4-lot subdivision, which would result in the creation of 3 lots for new homes, each with driveways, including an ROW for a shared driveway for lots 2 and 4, wells, septics, etc.; and Lot 1 is proposed for nonresidential use only with access via its frontage on Route 209.
3. The subdivision was discussed at regular meetings of the Planning Board held on January 10, 2022; March 14, 2022; April 11, 2022; May 9, 2022; June 13, 2022; and July 11, 2022; August 8, 2022; September 12, 2022; and October 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
4. 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 last revised September 21, 2022, including:
a. The site is undeveloped, except for land disturbance for partially constructed driveways. The subdivision would result in the creation of three new lots for new homes, as described above; and a single lot which will be limited to nonresidential development. Accordingly, there would be an increase in land development; and a corresponding change in and increase in stormwater runoff from the proposed subdivision; and
b. The proposed lots will comply with the B zoning district lot area and bulk requirements and pertinent subdivision design standards and requirements.
5. The future development of the proposed nonresidential use on Lot 1, is set forth in the following plan notation:
“This Lot (Lot 1) shall be limited to development as a nonresidential use only. Please be advised that site plan approval by the Planning Board and approvals by the Ulster County Department of Health and other affected agencies is required before any construction on Lot 1.”
6. Waivers from having to provide: a Full Environmental Assessment Form (Full EAF), a soils map, and showing and labelling outstanding views on the plan set were requested by the applicant and obtained from the Planning Board.
7. As stated in the Planning Board’s post meeting letter of September 20, 2022, the submitted shared-driveway agreement was approved by the Attorney for the Planning Board.

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

Ayes: _7__ Nays: _0__ Absent: _0__

Motion to adopt findings by: __Rick. Jones_____
Seconded by: ___Maren Lindstrom___

CONDITIONS OF APPROVAL

NOW THEREFORE BE IT RESOLVED, that the Town of Rochester Planning Board hereby grants Major Subdivision Conditional Final Approval of the proposed 4-lot subdivision situated with frontages on Queens Highway and Route 209, as depicted on the plan set entitled “Survey Plat and 4 Lot Subdivision Preliminary Plan for Lands of Thomas McCarthy and Gina McCarthy”, prepared by Margaret M. Hillriegel, Licensed Land Surveyor, dated October 27, 2021, last revised September 21, 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, which shall be entitled “Survey Plat and 4 Lot Subdivision Final Plat for Lands of Thomas McCarthy and Gina McCarthy”.
3. On Sheet 1, add an arrow from the note “Common Driveway Area to be Paved, 16’ wide” pointing to the area to be paved.
4. Redate the entire plan set so that each sheet has the same updated plan date and plan revision date.
5. The owner shall provide a letter, certified and stamped by a professional engineer, certifying that the proposed well and water supply on lots #2 – #4 shall conform to the requirements of Ulster County Department of Health prior to the Planning Board Chairman’s signature on the subdivision plan.
6. 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 Major 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 Major Subdivision Conditional Final Approval upon satisfactory completion of the conditions of Approval 1 through 6above.

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 _October 12, 2022_, by the following vote:

Ayes: _7_ Nays: _0_ Absent: _0_

Motion to adopt approval with condition by: ___Patrick Williams___
Seconded by: _ Zachary Jarvis _

Mr. McCarthy was made aware of Sections 125-2 and 125-7 of the Town Code preventing any sale or listing of the parcel prior to the Planning Board process coming to a close.

6. 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.

Mr. Jarvis read the draft conditional final approval.

Decision: PB 2022-09 SBD
Minor Subdivision Conditional Final Approval

Applicant: John Dawson for Gazlay Subdivision

Reason for Request: Applicant proposes a subdivision of the current +/- 8.37-acre parcel into two lots: Lot #1 – +/- 3.37 acres with a driveway off of NYS US Route 209; and Lot #2: +/-5.0 with a driveway off of Boice Mill Road.

Location: 5998 US Route 209, Kerhonkson, NY
Total Acreage: +/- 8.37 acres
S/B/L: 76.2-2-41 Zoning District: AR-3 (Residential Agricultural) and AP (Aquifer Protection Overlay) District

The applicant proposes a two (2) lot subdivision of the parcel. The parcel’s current use is residential, including an existing house, car port, shed, well and septic system with frontage on US Route 209; and is +/-8.37 acres. The subdivision would result in the creation of 2 lots, with a driveway for proposed Lot 1 off of NYS US Route 209; and a driveway for proposed Lot 2 off of Boice Mill Road. The existing home and septic field will be located on proposed Lot 1; and a new home, a new septic system, and the existing shed, carport and well, will be located on proposed Lot 2, with a separate existing gravel driveway to Boice Mill Road.

SEQRA: Unlisted/Uncoordinated, and Negative Declaration on September 12, 2022
Code Enforcement Determination: Minor Subdivision
Zoning Permit: 22/184, with Zoning Determination Letter dated May 3, 2022

Planning Board Application: 2022-09 SBD
PB Application filed: 6/16/2022
EAF filed: 6/16/2022
Other Agency Referrals:New York State Historic Preservation Office

WHEREAS, an application for subdivision approval was submitted to the Planning Board for the project as follows:
• the application was submitted by John Dawson, Applicant (the “Project Sponsor”);
• “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 applicant paid 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 a drawing (1 sheet), entitled Preliminary Plan of Minor Subdivision for Lands of Kent W. Gazlay, prepared by William Robert Eggers, LS, Medenbach & Eggers Civil Engineering & Land Surveying, PC, dated July 19, 2022, with no revision date, updated to show the one-hundred foot (100’) setback from the existing and proposed wells, apparently received August 9, 2022; and two prior drawings, as fully listed at the end of this resolution including:
o Preliminary Plan of Minor Subdivision for Lands of Kent W. Gazlay, prepared by William Robert Eggers, LS, Medenbach & Eggers Civil Engineering & Land Surveying, PC, dated July 19, 2022; and
o Sketch Plan of Minor Subdivision for Lands of Kent W. Gazlay, dated May 31, 2022; and
• the application was accepted by the Planning Board of the Town of Rochester on June 16, 2022; and
• the application was referred by the Planning Board of the Town of Rochester to the Town Consulting Planner and Engineer, and theTown 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 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 September 12, 2022; and

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

FINDINGS:

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

8. The Planning Board received zoning determination and classification that the subdivision is located in an AR-3 (Residential Agricultural) zoning district and is a minor subdivision per correspondence from the Code Enforcement Officer received May 3, 2022.
9. The proposed subdivision is also located in the AP (Aquifer Protection Overlay) District. However, the proposed residential development, as shown on the subdivision plan, would not exceed the standard in the Zoning Section 140-18., A., Aquifer Protection Overlay District that “Impervious surface area for proposed uses and activities located outside the B Business Development, H Hamlet, I Industrial and R-1 Moderate Density Residential Districts shall not exceed 15% of lot area”.
10. The proposed subdivision would result in the creation of two (2) lots, with a driveway for proposed Lot 1 off of NYS US Route 209; and a driveway for proposed Lot 2 off of Boice Mill Road. The existing home and septic field will be located on proposed Lot 1; and a new home, a new septic system, and the existing shed, carport and well, will be located on proposed Lot 2, with a separate existing gravel driveway to Boice Mill Road.
11. The subdivision was discussed at regular meetings of the Planning Board held on July 11, 2022; August 8. 2022; September 12, 2022; and October 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.
12. 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 apparently received August 9, 2022, including:
a. The applicant proposes a two (2) lot subdivision of the parcel. The parcel’s current use is residential, including an existing house, car port, shed, well and septic system with frontage on US Route 209; and is +/-8.37 acres. The subdivision would result in the creation of 2 lots, with a driveway for proposed Lot 1 off of NYS US Route 209; and a driveway for proposed Lot 2 off of Boice Mill Road. The existing home and septic field will be located on proposed Lot 1; and a new home, a new septic system, and the existing shed, carport and well, will be located on proposed Lot 2, with a separate existing gravel driveway to Boice Mill Road. Accordingly, there would be a minor increase in land development; and a corresponding minor change in and increase in stormwater runoff from the proposed subdivision; and
b. The proposed lots will comply with the AR-3 (Residential Agricultural) zoning district lot area and bulk requirements and pertinent subdivision design standards and requirements.
13. The Planning Board received a letter from the New York State Office of Parks and Historic Preservation (NYS OPRHP) indicating that no properties, including archaeological and/or historical resources, listed in or eligible for the NYS or National Registers of Historic Places will be impacted by the project, dated August 1, 2022.

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

Ayes: _7_ Nays: _0_ Absent: _0_

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

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 with frontage on US Route 209 and Boice Mill Road, as depicted on the plan entitled Preliminary Plan of Minor Subdivision for Lands of Kent W. Gazlay, prepared by William Robert Eggers, LS, Medenbach & Eggers Civil Engineering & Land Surveying, PC, dated July 19, 2022, updated to show the one-hundred foot (100’) setback from the existing and proposed wells, apparently received August 9, 2022, subject to satisfactory compliance with the following conditions:
7. 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.
8. The Map of Subdivision shall be revised to demonstrate compliance with the AR-3 (Residential Agricultural) zoning district lot area and bulk requirements by providing a zoning table listing the items in the zoning chart across the top row, creating columns for each requirement; and with 2 rows below for each lot listing the proposed values for each lot corresponding to each of the required lot and bulk requirements.
9. Delineate and label the disturbed area for the development of proposed lot 2, including construction of the septic, house, and corresponding grading.
10. Provide proof of Ulster County Department of Health Permit to Construct a Waste Disposal System for Lot 2.
11. The Applicant shall present a Final Plan for signature, which shall be entitled “Final Plat of Minor Subdivision for Lands of Kent W. Gazlay”, listing the plan date and new final revision date.
12. 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.
13. The Planning Board Approval block shall list the “Chairman”.
14. The following notes shall be added to the plan set:
Subdivision Restrictions
(1) “any further subdivision shall be treated as a major subdivision under TOR subdivision law §125”.
(2) “subdivision shall adhere to TOR subdivision law §125-21 and -22 General Site Requirements and Subdivision Design, specifically §125-22 (x)”.

Floodplain
“This property contains land within the 100-year floodplain as depicted by FEMA on plate 36111C0595E effective as of 9/25/2009 and 36111C0570F effective as of 11/18/2016 (ck FEMA Map for location) . 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.”

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 8above.

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 _October 12, 2022__, by the following vote:

Ayes: _7_ Nays: _0_ Absent: _0_

Motion to adopt approval with condition by: ___Maren Lindstrom____
Seconded by: _ Marc Grasso _

Mr. Gazlay was made aware of Sections 125-2 and 125-7 of the Town Code preventing any sale or listing of the parcel prior to the Planning Board process ending.

7. 2022-05 LLI (Lot Line Improvement) New Application
Carolyn Taylor/Jennifer Berrent
S/B/L 77.9-1-12.121 & 77.9-1-12.122 – 81 Tow Path Rd.

Michael Vettere was present on behalf of the application.

Mr. Vettere presented the proposed lot line improvement.

Ms. Lindstrom made a motion to certify the lot line improvement application. Mr. Jarvis seconded the motion.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions

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

Nadine Carney was present on behalf of the application.

Chair Psaras summarized the motions made by the Planning Board thus far:

11-08-2021
• Per Board –
o A motion that “since and regarding the area of lots 3 & 4 being a secondary conservation area, because it is adjacent to the river, has a large growth of trees, and the Board views it as scenic because it is adjacent to the river and its inherent natural beauty, these lots should be moved away from the Rondout Creek.” Motion Carried.
o A motion, pursuant to provision 125-23 L2 a & b of that the Board adopts the tentative house sites and tentative conservation area boundaries as illustrated on the map that was edited by the Board during the meeting. These changes were primarily to lots 3 and 4 which were agreed to be moved away from the Rondout Creek and moved further uphill, leaving the area bordering the Rondout as an extension of the Conservation Easement area. Motion Carried.
o A motion to grant request for waiver regarding tree caliper analysis within the conservation area and any other areas where steep slopes are above 25%. Motion Carried.
o A motion to grand request for waiver for the traffic study analysis on Lucas Ave. and Peninsula Ln. Motion Carried.
12-13-2021
• Per Board –
o A motion to accept the conceptual plan for Peak to move forward. Motion Carried
o This conceptual plan was the one that was worked on at the November 8th meeting where the Board asked for lots 3 & 4 to be moved away from the Rondout, and Lot 13 be moved back further so as to avoid it being a jarring presence from Lucas Turnpike. It was also the meeting where the Board asked for firm delineation of the subdivision easement areas both on the Lucas Ave side of the project as well as the Rondout side. All of these askes were done by Peak Engineering to the Board’s satisfaction.
09/12/2022
• Per Board –
o The Board agreed to have Ms. Axelson conduct a preliminary review before the Board declares intent for Lead Agency on this application

The Board then went on to summarize their individual observations of the wetlands of the property when they went on their site visits on November 2, 2021.

Mr. Jones: Observed wet areas during the site visit. He stated they observed larger trees down by the Rondout, which prompted the Planning Board to move the lots that were too close to the creek. The wetlands that he remembered were the obvious ones where water was standing. Mr. Jones stated he knew where the wetlands had been delineated but did not walk within all of them and could not specify exactly where each wet area was. He stated there was new growth and older growth on the property and there were less significant trees over in the area off Peninsula Ln.

Mr. Pinsky: Stated there were concerns about the view from Lucas Avenue and took pictures from this point. He stated building a house there would obstruct/distract from the viewshed and it is an issue that should be revisited. He stated a lot of the soil on the parcel is not penetrable for water.

Mr. Jarvis: Stated he felt from his field observations that the wetlands were correctly marked. It was wet when they were there for the site visits.

Mr. Grasso: Stated he had been the sole opposition vote and that the soils, septics were exceptionally good down by the Rondout Creek, but the Board had voted against those home sites due to the viewshed issues from Lucas Ave. That area near the Creek was higher elevation and dryer than some of the other areas on the parcel. Additional wetlands were found during the site visit and the applicant was asked to mark them on the revised plans. He stated after walking the property, the Planning Board put a copy of the full-size map up and marked the areas where they felt the wetlands were and brought it to Ms. Carney to fit the homes outside of those marked areas.

Ms. Lindstrom: Felt it was interesting that there were swamp-like conditions in the higher elevation areas. She stated she did not know when or if these wetlands were delineated by the DEC but feels there are more wetlands on the parcel. There are many wet areas throughout the whole property. She stated she did not like Lot #13 because it is in the viewshed, and it needs to be pulled back or removed. She also thought Lot #14 has horrible soils and soils must be brought in and allowed to sit over a freezing cycle. She stated since there is a lot of proposed development on a property in this condition, she would like to see a bigger analysis done.

Mr. Williams: Stated the area at the bottom of the map closer to the Rondout Creek was beautiful open brushland and was nice and dry. As they proceeded up through the middle of the parcel [near where the proposed road would go], they were crossing over streams and moving water throughout that entire area outside of the conservation area. This had been about a week after it had rained.

Chair Psaras asked the Board if they still felt confident in the hand-drawn areas they had drawn on the map following the site visits.

Mr. Jones stated there were other wet areas discovered following the initial wetlands delineation that was provided. He questioned whether the wetlands delineation could be considered complete and how they would be mitigated in terms of the road and positioning of houses.

Ms. Carney clarified that on the map from November 2021, they showed drainage channels and wet areas. They knew they had to have the ecological study done as part of SEQRA, so they were flagged by the surveyor for the plans. They are in the same locations, but more defined in the most recent plans. They always showed these areas being wet from the beginning and while laying out the home sites.

Chair Psaras asked when the DEC did the delineation of the wetlands.

Ms. Carney stated there is a map reference to that showing it was done in November 2020. The Federal wetlands were delineated Spring 2022. The DEC accepted the wetlands that were delineated on the map done by Medenbach and Eggers.

Ms. Lindstrom clarified that the DEC did not delineate these wetlands.

Ms. Carney stated the state did not delineate or accept Army Corps of Engineer wetland pockets. There is a minimum area that is required to do so. The DEC does not recognize them as state wetlands. She stated the DEC comes out and look at where the surveyor has flagged the wetland areas.

Mr. Jones presented a question of how to prevent certain lots from being affected by certain elements such as salt during the winter months, septic, etc. He stated once the SWPPP is completed, some of these items will most likely be addressed.

Ms. Carney stated drainage easements will be provided through the properties. The HOA and individual site owners will maintain these. They will be maintained as part of the stormwater runoff on the plans. Once the SWPPP is done, it will be more complete. There are currently culverts and crossings and areas that are going to be disturbed.

Mr. Pinsky clarified that there needs to be a 100-foot buffer from NYS wetlands.

Ms. Carney stated,“Federal doesn’t require the same buffer. Home sites are meeting the 100-foot buffer and if not, can be adjusted.”The utilities will be dug and in place before the properties are sold. There will be a continual general permit for the storm water until construction is done. Each homeowner will have to obtain this permit before doing construction on their lot.

Chair Psaras summarized that the Planning Board seems concerned there are more wetlands than have been identified at this time.

Mr. Williams stated it is more about the volume of the existing wetlands. The soils are bad enough to retain water for weeks after a rainfall.

Ms. Christiana stated the Planning Board could have their own environmental consultant review the study and materials provided by the applicant.

Ms. Lindstrom made a motion to have the Chair solicit proposals from a professional to review the wetlands and ecological studies. Mr. Jones seconded the motion.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions

Ms. Christiana advised the Planning Board to begin the SEQRA process as soon as possible and advised this application can be typed as a Type 1 action, with the Planning Board declaring Lead Agency intent, circulating to other involved agencies.

Ms. Lindstrom made a motion to type this application as a Type 1, Coordinated SEQRA action and circulate to the Involved Agencies for Lead Agency. Mr. Jones seconded the motion.

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

All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions

9. PB 2022-07 SBD (Minor) Continued Application
Wild Lands, LLC
S/B/L 77.2-4-18.110 – Rock Hill Rd.

Michael Fink and Bob James were present on behalf of the application.

Mr. James stated he reviewed the comment letter from CPL and addressed a few of the comments. He stated the driveways/property lines do not all follow right angles due to following existing roads and characteristics of the property so as to limit the amount of disturbance. Mr. James asked why a Full EAF was requested.

Ms. Stone stated it was standard for larger subdivisions like this.

Ms. Lindstrom stated due to the wetlands and threatened/endangered species identified, the Planning Board should have the applicant complete a Full EAF.

Mr. Jones made a motion to recommend a Full EAF be completed by the applicant. Ms. Lindstrom seconded the motion.

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

All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions
The CPL letter made mention of the maps missing from the wetlands delineation report. Applicant to have Mike Nowicki provide these.

The Planning Board and applicant discussed missing structures on the map. Mr. Fink stated the neighbor inadvertently built a structure over the property line. This will be labeled “structure to be removed” on the map.

Stone walls to be added to the map and the applicant was asked by the Planning Board to hydrologically mark soils on the map.

The Planning Board requested site visits be scheduled for the members to walk the property.

The County Route 6 curb cut has been approved and will be forwarded to the Board.

OTHER MATTERS:
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 October workshop meeting.

TRAINING:
o Trainings have been forwarded
o Update from secretary on who is missing hours will go out via email

ANNOUNCEMENTS AND COMMUNICATIONS:

Mr. Grasso made a motion to reschedule the “October” workshop meeting toNovember 2, 2022 pending Community Center availability. Mr. Jarvis seconded the motion.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions

ACTION ON MINUTES:

No minutes to vote on this meeting.

ADJOURNMENT:

Ms. Lindstrommade a motion to adjourn the meeting at 10:58PM.Mr. Jarvisseconded the motion.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions

Respectfully submitted,
Nicole Knapp,
Secretary