TORPB
June 12th, 2023
REGULAR MEETING
PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NY
845-626-2434
MEETING MINUTES OF June 12th, 2023, REGULAR MEETING OF Town of Rochester PLANNING BOARD held at 7:00PM at the Harold Lipton Community Center and streamed live via YouTube.
Chair Grasso called the meeting to order at 6:30PM and asked everyone to stand for the Pledge of Allegiance.
Chair Grasso did roll call attendance.
PRESENT: ABSENT:
Marc Grasso Ann Marie Moloney Patrick Williams
Maren Lindstrom
Rick Jones
Zachary Jarvis
Zorian Pinsky
ALSO PRESENT: (Secretary, Consultants, Attorneys, Town Board Liaison, etc.) APPLICATION REVIEW:
APPLICATIONS WITH PUBLIC HEARINGS:
Application # PB 2023-167 Applicant/Owner: Inness NY LLC Type: SPA Representative: Nadine Carney / Peak Engineering Zoning: AR-3 Property Location: 10 Bank St SBL: 77.1-1-1.100 SEQRA: Type II Status: Continued Application /PUBLIC HEARING DESCRIPTION: The applicant proposes a new utility barn located in an existing business with an existing site plan approval. This application is to amend the current SPA and add the utility barn.
PUBLIC HEARING:
Jason LaCarrubba “I have not had an opportunity to review the utility barn plans however I have concerns about INNESS bringing any potential for more noise, air, and light pollution along with trespassing onto neighboring properties. I have concerns about the leach field and septic effecting my property. I reached out to the business owner over a year ago and received no response. Last Friday I finally met with Tavo and Peak Engineering to learn of an unstable slope on my property, which was caused by the construction on INNESS property. I’ve delt with traffic and trespassing due to poor signage. Unless the utility barn is going to reduce noise and light pollution, I am against it being constructed.”
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Mark Chiu “As a neighboring property owner I want to make sure that the road is safe and will not cause more problems in the neighborhood.”
Michelle Chiu “To continue off Mark’s comment many of the additions to the INNESS property were done during the COVID pandemic and we did not know what was going on. High volume of construction vehicles driving up and down the road have caused cracks in the walls of our home, further damage to the road, and overall have lost the peace and quiet of our neighborhood due to the noise, light and air pollution.”
A motion was made by Ms. Lindstrom to keep the public hearing open.
Motion was 2nd by Mr. Jones.
All in favor 6 yes, 0 no, 0 abstention
Motion carried.
Mr. Pinsky addressed other concerns regarding landscaping bordering the property. The board agreed to have Mr. Church review the INNESS decision made previously.
Application # PB 2023-029 Applicant/Owner: David and Claudia Waruch Type: Minor SBD Representative: Bill Eggers / Medenbach & Eggers Zoning: AR-3 Property Location: 145 Upper Cherrytown Rd SBL: 67.-1-28 SEQRA: Undecided Status: Continued Application / PUBLIC HEARING DESCRIPTION: The applicant proposes a 2-lot subdivision. Parcel #1 is +/- 5.426 acres and parcel #2 is +/- 10.2 acres (15.62 total).
Mr. Jones read into the minutes the Waruch decision made on June 12, 2023.
The board discussed concerns regarding the mombaccus creek using examples of the veritas villa subdivision.
A motion was made by Ms. Lindstrom to amend the application to accept the subdivision adding a conservation area note.
Motion was 2nd by Mr. Jones.
DISCUSSION
Both the applicant and representative expressed disapproval of the proposed amendment. This application is much different than the veritas villa subdivision.
ROLL CALL VOTE
Grasso no
Williams no
Lindstrom yes
Jones yes
Jarvis no
Pinsky yes
3 yes, 3 no, 0 abstention Motion not carried.
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After further discussion with the applicant’s representative and town counsel, Ms. Lindstrom motion to withdraw the original vote. After discussion a withdrawal was not needed.
A motion was made by Ms. Lindstrom to approve the application as written. Motion 2nd by Mr. Jarvis.
All in favor 6 yes, 0 no, 0 abstention
Motion carried.
NEW APPLICATIONS FOR LOT LINES
Application # PB 2023-166 Applicant/Owner: Mandel Patinkin & Kathryn Grody Type: LLI Representative: Bill Eggers / Medenbach & Eggers PC
Zoning: R5 Property Location: Clove Valley Rd SBL: 77.2-3-48, 77.2-3-49, 77.2-3-47.100, 77.4-2-8.110 SEQRA: Type II Status: New Application DESCRIPTION: The applicant proposes a Lot Line Deletion taking 4 lots and combining them into 3 new lots. Lots have a conservation easement with Mohonk Mountain house limiting the usage of said lots.
The applicant’s representative discussed the description of land. Mr. Jones asked for changes to the map to clarify things and discussed concerns of easements, right of ways, road maintenance agreements, and map filed with Mohonk Mountain house. Ms. Lindstrom expressed her thoughts on this application being a subdivision rather than a lot line deletion.
The board requested that the applicant submit easement items for the town attorney to review, map updates showing a legend, asking the applicant to get rid of right of way, a road maintenance agreement, Ginger Road placed on the map, and to resend an updated map to Mohonk Mountain house.
Application # PB 2023-193 Applicant/Owner: Alex Louis Type: LLI Representative: Bill Eggers / Medenbach & Eggers PC Zoning: AR3 Property Location: 95 Lower Whitfield Rd SBL: 68.4-4-14, 13 SEQRA: Type II Status: New Application DESCRIPTION: The applicant proposes a Lot Line Improvement conveying 2.6 acres of land to create two revised sized lots.
It was agreed to clean up the map and to come back next month with the updated map.
Application # PB 2023-283 Applicant/Owner: Arthur Gillett Type: LLI Representative: Bill Eggers / Medenbach & Eggers PC Zoning: R2 Property Location: County Rte. 6 /Rock Hill Rd SBL: 77.2-4-13, 14, 15 SEQRA: Type II Status: New Application DESCRIPTION: The applicant proposes a Lot Line Improvement redesigning 3 lots into various sizes per the CEO.
The board suggested that the applicant move the lot line to create 3 square lots or file a new application for subdivision. The applicant’s representative will discuss these changes with the applicant and will report back to the board next month.
CONTINUED APPLICATIONS
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Application # PB 2021-516 Applicant/Owner: DeJager Realty LLC
Type: Major SBD Representative: Nadine Carney / Peak Engineering Zoning: AR-3 Property Location: Lucas Ave / Peninsula Lane SBL: 77.1-2-33.510 SEQRA: Type I (Oct 22) PB lead Agency (Dec 22) Status: Continued Application DESCRIPTION: The applicant proposes a 13 – lot conservation subdivision. The new submission packet includes an updated wetland study, revised maps, SWPPP, revised lot sizes and road structure.
The board reviewed the additions submitted for the application and the EAF Pt.2. CPL Engineer representative will complete EAF Pt. 3 and submit to the board.
Application # PB 2022-187 Applicant/Owner: Wild Lands Holding Company LLC / Michael Fink Type: Minor SBD Representative: Bob James / A. Diachishin & Assoc. Zoning: R-5 Property Location: 64 Rock Hill Rd. SBL: 77.2-4-18-110 SEQRA: Undecided Status: Continued Application DESCRIPTION: The applicant proposes a 60.64 acre, 4-lot subdivision with a revised sketch plan.
The board reviewed CPL’s comments and waiting for approval from highway superintendent and fire department regarding the driveway. SHPO stated there’s no impact. SEQRA determination is needed and was agreed by the board to review it prior to the scheduled public hearing date.
Application # PB 2023-01 Applicant/Owner: Read Subdivision – Ian Read Type: 2 Lot SBD Representative: Donald Brewer Zoning: R2 Property Location: 16 Private Rd – Off Dug Rd. SBL: 68.2-1-38 SEQRA: Undecided Status: Continued Application DESCRIPTION: Applicant proposes minor subdivision of the +/- 5.4-acre parcel into two parcels each of +/- 2.7.
After review of the application the board requested prior to next meeting an updated map showing soil types, the wood line, as well as the right to farm note be submitted. An updated road maintenance agreement as well as shared private road agreement signed by all neighbors.
Application # PB 2023-196 Applicant/Owner: Great Blue Heron Properties, Alex Banner Type: EEO-SPA Representative: Alex Banner Zoning: AR3/EEO Property Location: 2919 Lucas Turnpike SBL: 77.1-2-42.131 SEQRA: Undecided Status: Continued Application DESCRIPTION: The applicant proposes a Site Plan Amendment. This property was approved as an EEO by the Town Board and requires by code an amended Site plan to add a Sawmill to the Site Plan.
Tabled until next month.
Application # PB 2023-078 Applicant/Owner: 15 Railroad LLC Type: Minor SBD Representative: Turu Illgen / Turu Illgen Architect Zoning: R-2 Property Location: 35 Hill Rd SBL: 60.3-2-21 SEQRA: Undecided Status: Continued Application DESCRIPTION: Applicant proposes the following: Lot 1: +/- 2 acres, Lot 2: +/- 2 acres. The current parcel is +/- 4 acres. The applicant has met zoning requirements and no physical restrictions apply.
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Upon review the board stated they need the right to farm note.
A motion was made by Ms. Lindstrom to send the application to be presented at the next scheduled public hearing.
Motion 2nd by Mr. Jones
All in favor 6 yes, 0 no, 0 abstention
Motion carried.
NEW APPLICATIONS SBD
Application # PB 2023-237 Applicant/Owner: Potokar/Rosenfield Type: Minor SBD Representative: Bill Eggers / Medenbach & Eggers PC Zoning: R2 Property Location: Boodle Hole Rd SBL: 68.4-1-3 SEQRA: Undecided Status: New Application DESCRIPTION: The applicant proposes a 9.21 acre, 2 lot subdivision inclusive of a 3.03- acre lot and a 6.18-acre lot.
An updated map including the high watermark/floodway of the stream, change the name of the creek from Rochester creek to Mombaccus creek, as well as label what the preexisting structures are. Amend the application with the building department to reflect a lot line improvement.
ACTION ON MINUTES:
A motion was made by Ms. Lindstrom to table previous month’s meeting minutes. Motion 2nd by Mr. Williams.
All in favor 6 yes, 0 no, 0 abstention
Motion carried.
ANNOUNCEMENTS AND COMMUNICATIONS:
A motion was made by Ms. Lindstrom to cancel the June workshop meeting. Motion 2nd by Mr. Williams.
All in favor 6 yes, 0 no, 0 abstention
Motion carried.
ADJOURNMENT:
A motion was made by Mr. Jarvis to adjourn the meeting at 10:29pm.
2nd by Ms. Lindstrom.
All in favor 6 yes, 0 no, 0 abstention
Motion carried.
Respectfully submitted,
Jazmyne Wilhelm,
Secretary