TORPB
April 12th, 2023
REGULAR MEETING
PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NY
845-626-2434
MEETING MINUTES OF April 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 7:00PM and asked everyone to stand for the Pledge of Allegiance.
Secretary Power did roll call attendance.
PRESENT: ABSENT:
Marc Grasso Zorian Pinsky
Patrick Williams
Maren Lindstrom
Rick Jones
Zachary Jarvis
Ann Marie Maloney
ALSO PRESENT: (Secretary, Consultants, Attorneys, Town Board Liaison, etc.)
APPLICATION REVIEW:
NEW APPLICATIONS FOR LLI:
Application # PB 2023-096 Applicant/Owner: Henryka Seltenreich Type: LLI Representative: Cynthia Landon / John Dawson Jr. Zoning: R5 Property Location: 40 Van Tine Rd SBL: 68.3-1 67, 68.3-1-24 & 68.1-2-43.100 SEQRA: Undecided Status: NEW APPLICATION DESCRIPTION: The applicant proposes a Lot Line Improvement to combine 3 lots into 2 equal parcels which eliminates a land locked parcel.
A motion to certify the Lot Line Improvement was made by Ms. Lindstrom. The motion was 2nd by Mr. Jarvis.
6 yes, 0 no, 0 abstain.
Application # PB 2023-195 Applicant/Owner: John Rofe Type: LLI Representative: Peg Hillriegel Zoning: R2 Property Location: 115 Lang Rd SBL: 68.2-1-9/10 SEQRA: Undecided Status: NEW APPLICATION DESCRIPTION: The applicant proposes a Lot Line Improvement to combine 2 lots into 1 lot.
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TORPB
April 12th, 2023
REGULAR MEETING
Ms. Lindstrom requested map notes to be added for the right to farm and the Lot Line Improvement note to be added to the map. The board agreed to certify the Lot Line Improvement with the addition of those notes.
Motion to certify by Ms. Lindstrom. The motion was 2nd by Mr. Williams. 6 yes, 0 no, 0 abstain.
NEW APPLICATION FOR SBD:
Application # PB 2023-84 Applicant/Owner: Spirit Circle LLC / Dan Getman Type: Natural SBD Representative: Bill Eggers / Medenbach & Eggers Zoning: R2 Property Location: TBD Tow Path Rd SBL: 77.2-4-46 SEQRA: Undecided Status: NEW APPLICATION DESCRIPTION: The applicant proposes a natural subdivision between Tow Path Road, creating 1 – 16.1-acre parcel and 1 – 70.07-acre parcel.
Mr. Jones requested map notes to be added for the right to farm and the lot line note to be added to the map. The board agreed to certify the subdivision with the addition of those notes. Motion to certify by Ms. Lindstrom. The motion was 2nd by Mr. Jarvis.
6 yes, 0 no, 0 abstain.
CONTINUED APPLICATION:
Application # PB 2022-483 Applicant/Owner: Stone House Tavern / Alan Linda LLC / Al Roberts and Linda Bradford Type: Spec. Use Permit Representative: Nadine Carney / Peak Engineering Zoning: R-2 Property Location: 4802 Rt 209 SBL: 69.3-2-24 SEQRA: TYPE II
Status: Continued Application / PUBLIC HEARING DESCRIPTION: Applicant proposes to continue outdoor dining allowed by Executive Order during the COVID-19 Pandemic. Parcel is in the R-2 zoning district.
The CEO reviewed the spaces that were eliminated and approved the change. The septic was submitted for review by the board and CPL. The applicant updated their narrative as well as their lighting. Ms. Lindstrom expressed concern about the slope of the driveway, the slope will be no more than 12%. SEQRA type 2 met code and was voted on in the previous meeting. PUBLIC HEARING:
Mr. Lepow “I am supportive of the outdoor dining. I am concerned with the noise from the bands on Thursday, Friday, and Saturday. It seems excessive and disruptive to me for it to be every weekend. I am responsible for the maintenance of Sand Hill RD after the first driveway.” Mr. Strickland “I agree with Mr. Lepow the music and noise is excessive.”
Ms. Lindstrom made a motion to keep the public hearing open. Mr. Jones 2nd the motion. 6 yes, 0 no, 0 abstain.
Ambient noise was measured and submitted to the board; it was determined by the measurement that the noise is below code. Noise from the band will be limited to Friday and Saturday nights.
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TORPB
April 12th, 2023
REGULAR MEETING
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: Schroon Hill Rd. SBL: 77.2-4-18-110 SEQRA: Undecided Status: Continued Application DESCRIPTION: Applicant proposes the subdivision of the current 60.67 acres parcel to make the following: Lot #1: +/- 5.21 acres, Lot #2: +/-16.65 acres, Lot #3: +/- 7.0 acres, Lot #4: +/- 23.29 acres, and Lot #5: +/- 8.52 acres. Parcel is in the R5 zoning district.
Applicant removed one lot to create a 4-lot subdivision instead of a 5-lot subdivision. CPL needs to review the revised EAF as well as the washout area and driveway. The board requested the legend on the map be congruent with the map. It will be a shared driveway not a private road. With advice of counsel the board decided to do phase 1A of SHPO, if anything is found then phase 2B will be done.
Application # PB 2022-256 Applicant/Owner: Harana Market / Little Buko, LLC / Eva Tringali and Chris Mauricio Type: Spec. Use Permit Representative: Michael Lockwood / Lockwood Architecture Zoning: B Property Location: 5125 Rte-209 SBL: 76.2-2-49 SEQRA: Undecided Status: Continued Application DESCRIPTION: Applicant proposes the following: Market and Fast casual food establishment. Ulster County Board of Health permitting will be required for drinking water. The parcel is +/- 2.6 acres and located in the Business district.
The applicant proposed to keep the landscaping as is. After discussion the board agreed to keep the landscaping as is. After CPL review stating the lighting is adequate, the board agreed that the lighting will need to be angled toward the southeast corner of the parking lot away from the creek. The board agreed that the water calculations need to be congruent with what is listed. The applicant is requesting to have parking spaces with a 9’ width.
A motion to accept the parking request for a 9’ width was made by Ms. Lindstrom. The motion was 2nd by Mr. Jones.
6 yes, 0 no, 0 abstain.
A motion to send to county for agricultural and markets was made by Ms. Lindstrom. The motion was 2nd by Mr. Jones.
6 yes, 0 no, 0 abstain.
A motion to set public hearing for May 8th was made by Ms. Lindstrom. The motion was 2nd by Mr. Williams.
6 yes, 0 no, 0 abstain.
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TORPB
April 12th, 2023
REGULAR MEETING
NEW APPLICATION SBD:
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: NEW APPLICATION DESCRIPTION: Parcels are in the AR-3 zoning district. Parcel #1 is +/- 5.426 acres and parcel #2 is +/- 10.2 acres (15.62 total). The applicant has met zoning requirements and no physical restrictions apply.
Ms. Lindstrom expressed concern to do a lot line adjustment before subdividing the properties due to them being separate properties owned by the applicant.
Ms. Lindstrom made a motion to certify the lot line improvement. The motion was 2nd by Mr. Jarvis,
6 yes, 0 no, 0 abstain.
The board requested the lot line improvement, a right to farm note, forest habitat, flood plains, 100ft high water mark, standard note for a stream, Dec regulated trout stream note, prime and statewide important land, location of the septic, road access, and important rare animals note be added to the map.
Contingent upon making the above map notes Ms. Lindstrom made a motion to set to public hearing May 8th. The motion was 2nd by Mr. Jones.
6 yes, 0 no, 0 abstain.
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: NEW 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.
The board is requesting a survey signed by a surveyor. The following map notes are needed, show the topography, the depth of the driveway, location of septic, location of well, 100ft buffer for septic and well, neighboring SBL, and the specific size and number of bedrooms for the house.
OTHER MATTERS:
Housekeeping:
The board discussed the file keeping on the google drive. The board agreed on the new agenda layout.
Ms. Lindstrom made a motion to have all meetings at 6:30pm. 2nd by Mr. Jarvis. The board decided to table the conversation until the next meeting.
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TORPB
April 12th, 2023
REGULAR MEETING
ACTION ON MINUTES:
Ms. Lindstrom made a motion to hold off on the minutes until they are corrected. 2nd Mr. Williams.
6 yes, 0 no, 0 abstain.
ADJOURNMENT:
Motion to adjourn by Ms. Lindstrom at 9:26Pm. 2nd by Mr. Jones.
6 yes, 0 no, 0 abstain.
Respectfully submitted,
Jazmyne Wilhelm,
Secretary