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

MINUTES OF April 11th, 2022, REGULAR MEETING OF the Town of Rochester PLANNING BOARD, held at 7:00pm at the Harold Lipton Community Center and streamed live via YouTube.

Chair Jones called the meeting to order at 7:19 due to technical difficulties with the livestream and asked everyone to stand for the Pledge to the Flag.

The Secretary did roll call attendance.

PRESENT: ABSENT:
Rick Jones, Chairperson Ann Marie Moloney, Alternate
Sam Zurofsky, Vice Chairperson
Patrick Williams
Marc Grasso
Zorian Pinsky
Zachary Jarvis
Maren Lindstrom

ALSO PRESENT:
Mary Lou Christiana-Town Attorney
Nicole Knapp-Secretary
Elizabeth Axelson, Planning Consultant, CPL

ANNOUNCEMENTS and COMMUNICATIONS

 April 25th Workshop Meeting Decision:
Ms. Lindstrom made a motion to cancel the workshop meeting for April 25th, 2022. Mr. Jarvis seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions

TRAININGS:

 The secretary advised that Planning Board members must submit training certificates from 3/31 training.

ACTION ON MINUTES:

Ms. Lindstrom made a motion to accept the Planning Board Regular Meeting minutes from March 14, 2022. Mr. Pinsky seconding the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions

APPLICATION REVIEW:

2022-01 SBD – Major Subdivision Continued Application
Nicholas Shangloo/Aneta Markowska

David Hahne was present on behalf of the application.

Chair Jones read the draft decision, previously posted on the Town of Rochester website.

TOWN OF ROCHESTER PLANNING BOARD
DRAFT FOR April 11th, 2022

Decision: PB 2022-01 SBD (previously 2021-15 LLI)
Major Subdivision Conditional Final Approval

Applicant: Nicholas Shangloo / Aneta Markowska

Reason for Request: Proposes a Major Subdivision, via a lot-line improvement between lots formerly part of a Major Subdivision, to combine 2 parcels, S/B/L 60.1-5-8 (lot 1 +/- 4.1 acres) and 60.1-5-9 (lot 2 +/- 3.8 acres) to make one +/- 7.9-acre parcel

Location: 107 Ridgewood Road, Kerhonkson, NY
Total Acreage: +/- 7.9 acres
S/B/L: S/B/L 60.1-5-8 (lot 1 +/- 4.1 acres) and 60.1-5-9 (lot 2 +/- 3.8 acres)
Zoning District: R-2 (Low Density Residential)

The applicant proposes a lot-line improvement to combine both parcels to make one +/- 7.9-acre parcel. The subject parcels were previously subdivided as part of a major subdivision. As per Town Code, this lot line improvement/change requires that the application be processed as a Major Subdivision instead of a Lot Line Improvement. The parcel’s current use is residential with two existing lots intended for single-family homes, yet there is only one single-family home, with a septic system, well and garage, on S/B/L 60.1-5-8; and there is no structure and only a stormwater detention pond, related piping to Ridgewood Road, and a shale driveway located on S/B/L 60.001-5-9. In other words, S/B/L 60.001-5-9 does not contain any residential structure or apparent use. The parcel is located on Ridgewood Road, a private road. The lot resulting from the removal of the lot line between the two subject parcels would become a more conforming single-family residential lot, which will continue to use the existing driveway entering onto Ridgewood Road.

SEQRA: Unlisted/Uncoordinated, and Negative Declaration on March 14th, 2022
Code Enforcement Determination: Major Subdivision
Zoning Permit: 21/619

Planning Board Application: 2022-01 SBD
PB Application filed: 1/21/2022
EAF filed:
Other Agency Referrals: Town of Olive notified

WHEREAS, an application for subdivision approval was submitted to the Planning Board for the project as follows:
• the application was submitted by David Hahne, agent for Aneta Markowska (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 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 TOR Subdivision Code, and Section 140-63 of the Code of the Town of Rochester.
• the applicant submitted drawings, prepared by Robert J. James, Licensed Land Surveyor, A Diachisin and Associates, PC, Land Surveyors and Consulting Engineers as more fully listed at the end of this resolution, with a plan sheet entitled Lot Line Revision lands of Nicholas Dimitri Shangloo and Aneta Barbara Markowska; and
• the application was accepted by the Planning Board of the Town of Rochester on 1/21/22
• 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 March 14, 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 March 14, 2022, which was closed on March 14, 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 R-2 zoning district and is a major subdivision per correspondence from the Code Enforcement Officer received 1/21/2022
2. The proposed lot line improvement/change, with the application being processed as a Major Subdivision, would result in a single, more conforming 7.9-acre residential lot. The proposal was discussed at regular meetings of the Planning Board held on December 13, 2021; January 10, 2022; February 14, 2022; March 14, 2022; and April 11, 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
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 December 16, 2021, including:
a. The site is already fully developed with the following existing features: one single-family home, a garage, a septic system and well, a gravel driveway on S/B/L 60.1-5-8; and there is no structure and only a stormwater detention pond, related piping to Ridgewood Road, and a shale driveway located on S/B/L 60.001-5-9; and there is no proposed change or increase in land development. Accordingly, there will be no change in or increase in stormwater runoff from the proposed subdivision, or other land development effects; and
b. The proposed lots will comply with the R-2 zoning district lot area and bulk requirements and pertinent subdivision design standards and requirements.
c. The Board accepted a request to waive certain provision of the Major Subdivision requirements since most did not apply as this is a lot line elimination to a previous Major Subdivision and items were either provided, done as part of original Subdivision or not needed for this application. The Specific items of the Major Subdivision Code that were reviewed by the Board and either waived or acknowledged as done are:
i. Section 124-14 Items B, J, K waived; all other items in this section were provided by applicant.
ii. Section 125-15 Items A, B (1-30) Have either been provided with submission or do not apply to this application.
iii. Section 125-16 Items A, B, C (1-5) and D were waived.
iv. Section 125-17 Items A-P have either been provided with original submittal or do not apply to this application.
These requests for waivers were approved by the Board.

These Findings having been prepared by the Board and read and discussed at the meeting of April 11, 2022. The Board hereby Adopts these Findings on April 11th, 2022, by the following Vote:

Ayes: _7__ Nays: _0__ Absent: _0__

Motion to adopt findings by: Patrick Williams
Seconded by: Sam Zurofsky

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 lot-line improvement between the 2 lots described herein situated at Ridgewood Road, a private road, Kerhonkson, NY, as depicted on the drawing, prepared by Robert J. James, Licensed Land Surveyor, A Diachishin and Associates, PC, Land Surveyors and Consulting Engineers, entitled Lot Line Revision lands of Nicholas Dimitri Shangloo and Aneta Barbara Markowska, dated December 16, 2021, 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 includes the following plan note:
“No Further subdivision of this parcel is permitted without the prior approval of the Planning Board.”
3. 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.
4. Revise the “Lot Line Revision lands of Nicholas Dimitri Shangloo and Aneta Barbara Markowska” to be entitled “Final Plat Showing Subdivision of lands of Nicholas Dimitri Shangloo and Aneta Barbara Markowska”.

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 4 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 April 11, 2022 by the following vote:

Ayes: _7__ Nays: _0__ Absent: _0__

Motion to adopt approval with condition by: Maren Lindstrom
Seconded by: Sam Zurofsky

_______________________ ______________________________
Date

cc: Kathleen Gundberg, Town Clerk, T/ Rochester
Mary Lou Christiana, Esq., Attorney for the Town
Jerry Davis, Code Enforcement Officer, T/ Rochester
Assessor, T/ Rochester
Aneta Markowska (the “Project Sponsor”)
A Diachishin and Associates, PC, Land Surveyors and Consulting Engineers
Liz Axelson, CPL

The following plans and materials were submitted and reviewed for this application:

– Application for subdivision, signed January 21, 2022;
– Waiver request letter from David Hahne, Safe Bet Builders, dated February 7, 2022;
– Letter of Agent signed November 5, 2021;
– Application for Zoning Permit and Classification, signed November 1, 2021, received November 1, 2021, and signed by Code Enforcement Officer on November 1, 2021;
– Drawing entitled Lot Line Revision lands of Nicholas Dimitri Shangloo and Aneta Barbara Markowska, prepared by Robert J. James, Licensed Land Surveyor, A Diachishin and Associates, PC, Land Surveyors and Consulting Engineers, dated December 16, 2021.

2022 – 02 SBD (Minor) New Application
Gail & Andrew Kenneda
S/B/L 68.4-2-9

Gail and Andrew Kenneda were present on behalf of the application.

Mr, Kenneda stated they were waiting for the perc test results from the Depart of Health and would provide that documentation once they had it. He also stated they were working with a lawyer to draft a road maintenance agreement for the two lots.

Chair Jones reviewed the Planning Board process with Mr. and Mrs. Kenneda and offered to meet with the applicants at some point to go over the application checklist. Mr. Kenneda to call the secretary the following morning to set up a meeting. It was emphasized to the applicant that if he were to hire an engineer, he would not have to relay information back and forth, therefore making the process less complicated.

Ms. Lindstrom made comments about labeling any buildings/objects on the map that were to be removed. She also stated the yard setback lines and tree lines must be shown on the map.

The Planning Board discussed other layout options for the site that would help keep the stone wall intact.

Ms. Christiana stated no road maintenance agreement would be needed if they resituated the new lot access, because they would then have the proper road frontage as required by Town code.

Ms. Lindstrom noted the Subdivision application stated the property was accessed through Upper Cherrytown Rd. The Secretary changed this to read Upper Whitfield Rd. and it was initialed by the applicant.

Chair Jones recommended the applicant post $1000 to an escrow account to pay fees related to Planning Board consultants.

PB 2021-05 SPA (Site Plan Approval) Continued Application
Lucky Petroleum
S/B/L 76.1-3-28.100

Khattar Elmassalemah (engineer) and Surinder Cheema (applicant) present on behalf of the application.

The Planning Board reviewed CPL review letter #3 item by item to discuss what still needed to be completed. It was determined Mr. Elmassalemah had addressed many of the Planning Board concerns already.

Mr. Elmassalemah stated he was waiting on putting the final amount of parking spaces on the site plan until other aspects were finalized.

The Planning Board discussed the issue of sidewalks. There were questions about what the comprehensive plan said regarding sidewalks. Ms. Christiana stated she would review this and communicate back to Ms. Axelson and the Planning Board.

Mr. Elmassalemah stated 2-4 electric car charging stations will be added.

Ms. Christiana stated she would review the Code as it pertains to signage and would discuss offline with Ms. Axelson. It was discussed the Planning Board could grant a waiver for the height, if necessary. The current proposed height of the sign is 12 feet.

Chair Jones stated he will meet with Mr. Elmassalemah and make recommendations regarding landscaping.

Ms. Lindstrom made a motion to send a referral to the Ulster County Planning Board for this application. Mr. Pinsky seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions

Chair Jones made a motion to type this application as an Unlisted, Uncoordinated action for SEQRA.
Mr. Zurofsky seconded the motion.

Roll Call:
Chair Jones- Yes
Mr. Zurofsky- Yes
Mr. Williams- Yes
Ms. Lindstrom- Yes
Mr. Grasso-Yes
Mr. Jarvis-Yes
Mr. Pinsky- Yes

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

Mr. Grasso made a motion to set the public hearing for the May 9, 2022 meeting. Ms. Lindstrom seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions

In summary, it was determined the final items to be addressed are signage, lighting, and landscaping. Mr. Elmassalemah stated he would work to get an updated site plan to the secretary by April 20, 2022 to meet the deadline for the Ulster County Planning Board’s next meeting, scheduled for May 4, 2022.

Mr. Grasso and Mr. Jarvis recused themselves at 9:02pm.

PB 2021–23 SBD (Major) Continued Application
Honeycomb Hills – CRAM LLC
S/B/L 68.3-1-27

Marc Grasso (applicant) and John Heidecker (surveyor) were present on behalf of the application.

Chair Jones summarized what was discussed at March 14th meeting.

The Planning Board reviewed the March 8th CPL review letter, noting many items have been addressed on the most recent map. It was determined a grading plan is needed, specifically grading on driveways.

The Planning Board requested home sites and driveways be staked and to schedule site visits.

Ms. Axelson asked for descriptions of soil types to be added to soil map. Mr. Grasso stated they would provide a table with descriptions.

Ms. Lindstrom noted a voluntary 100-foot setback from the spring/depression area on the map would be ideal. Mr. Grasso agreed to provide this.

Mr. Heidecker will change the named stream to “unnamed stream,” since there are many different names this stream has been given over the years.

Mr. Heidecker will label front, rear, and side setbacks with accurate measurements.

The aerial map will be provided without topography, so it is easier to see details.

Heat map to be updated with correct map overlayed.

Mr. Heidecker stated they are not proposing any grading. Driveway profiles to be provided and driveway #4 will be corrected on new map. Driveway profiles will be sent to Planning Board and Ms. Axelson once completed.

Ms. Lindstrom suggested Mr. Grasso and Mr. Heidecker should review Town Code Section 125-20 through 125-22 regarding design criteria. Each much be addressed in response letter.

Chair requested that a formal documented response to May 8th letter from CPL, Boards’ Planner be compiled by applicant and urged that all material be completed and submitted in the required timeframe for the May 9th meeting.

Chair Jones requested information to be provided regarding additional water drainage areas following construction, (drainage pipes, retention pond, etc.). It was determined another sheet showing Stormwater Flow and Sediment Control Plan must be added to the plans.

Mr. Grasso and Mr. Jarvis unrecused themselves at 9:53PM.

OTHER MATTERS

The Town Board presented Local Law #2 in a letter received by the Planning Board secretary on March 21, 2022 requesting Planning Board feedback:

Ulster County Planning Board
Attn: Robert Leibowitz
P.O. Box 1800
Kingston, NY 12402

Town of Rochester Planning Board
Attn: Rick Jones
PO Box 65
Accord, MY 12404

The Town of Rochester is presenting Local Law 2-2022 for your agency to review and
provide comment, should you wish.

LL2-2022 is a rezoning of SBL 69.3-3-16, 62 Kyserike Road, Stone Ridge, NY, located
in the Rural Conservation (R-5) zoning district. It is proposed to be rezoned to be located
in the Residential Agricultural (AR-3) zoning district. It is believed this parcel was
inadvertently zoned R5 during the 2008 rezoning of the Town. The AR3 rezoning is
believed to be more appropriate and in line with contiguous parcels zoning designations.

Thank you
Mike Baden

Town of Rochester Supervisor

Ms. Christiana stated it must have been a mistake in the mapping.

Mr. Zurofsky pointed out the Planning Board has been recently receiving undated letters from the Town Board. Options were discussed to properly label the documents received with the date received.

Mr. Zurofsky made a motion to recommend the change in zoning. Mr. Grasso seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions

ADJOURNMENT

Ms. Lindstrom made a motion to adjourn the meeting at 9:55PM. Mr. Grasso seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions

Respectfully submitted,

Nicole Knapp, Secretary