TOWN OF ROCHESTER
50 Scenic Drive • P.O. Box 65 • Accord, NY 12404
Area Code 845
Town Clerk 626-7384 Code Enforcement 626-2433 Supervisor 626-3043 Planning Board 626-2434 Highway Dept 626-7221 Zoning Board 626-2434 Assessor 626-0920 Court House 626-2522 Transfer Station 626-5273 Youth Commission 626-2115
PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NY
845-626-2434
MEETING MINUTES OF April 24, 2023 WORKSHOP MEETING OF Town of Rochester PLANNING BOARD held at 6:30PM at the Harold Lipton Community Center and streamed live via YouTube.
Marc Grasso called the meeting to order at 6:33PM and asked everyone to stand for the Pledge of Allegiance.
Chair Grasso did roll call attendance.
PRESENT: ABSENT:
Marc Grasso, Chair Maren Lindstrom Zachary Jarvis
Patrick Williams
Zorian Pinsky
Richard Jones
Ann Marie Moloney
ALSO PRESENT: Megan Stone, Planning Consultant, CPL; David Gordon, Attorney for the Planning Board; Bruce Barber, Wetlands Representative
APPLICATION REVIEW:
1. PB 2021-516 SBD (Major) Continued Application/PUBLIC HEARING
DeJager Realty LLC
Representative: Nadine Carney, Peak Engineering
S/B/L 77.1-2-33.510 – Lucas Avenue/DeJager Lane
Nadine Carney was present on behalf of the application. She thanked The Board for hosting this meeting. She stated additional studies had been preformed. National wetlands exist on the parcel; during field work consultants noted the 100’ buffer and state the wetlands will not disturb slopes greater than 15%.
Conservation areas: a separate parcel will be owned by the Homeowners Association unless donated to the Open Space Conservancy.
Megan Stone, Planning Consultant, CPL; David Gordon, Attorney for the Planning Board; Bruce Barber, Wetlands Representative were satisfied with these findings.
Nadine stated the following:
Sheet #3 had no substantial change; road from Lucas to Lot #11 will shift due to wetlands. Gray lines show everything existing and blue show the expansion. Originally 14 lots and has decreased to 13 . Lot #’s 3, 8 and 13 have decreased in size. This also shows the drainage easement. Delineation has been submitted. Sheet #4 shows drainage areas. The table is the basis of the new deed drawn up. Sheet #5 were revisions from the Ulster County Health Department. Sheet #8 detailed the National Wetlands.
Chair Grasso introduced discussion on buildable spots, road access, tested sites and wetlands.
Chair Grasso allows time for questions and answers from The Board.
Patrick Williams inquires about well locations along the road with concern of salt during the winter months. He states salt will infiltrate the tubing and the wells should be 100’ away. He also noted the Homeowners Association will need access to the sites in order to monitor the wells.
Bruce Barber, Wetlands Representative would like to clarify the slope. He has confirmed the wetlands with further review and multiple site visits. The plans and maps actively showing wetlands are correct. He suggested having the DEC visit the site to change the wetland delineation. The applicant is responsible for contacting the DEC. Nadine Carney stated she would submit the necessary documentation.
Nadine Carney discussed SWPP and noted that historally these sites were dairy farms which may have used herbicide and pesticide. She discussed the environmental study and the 2 phases of soil testing. She stated the Ulster County Health Department requires this study and the results will determine if a remediation plan is needed. David Gordon, Attorney for the Planning Board asked what the process was for this. Nadine made The Board aware an application had been made.
Ann Marie Maloney noted there were new wetlands noted on Sheets #5, 7 and 9. Chair Grasso is seeking Fire Department comment on the gravel road. Megan Stone, Planning Consultant discussed the private gravel road. Zorian Pinsky noted the County traffic study has been waived.
Patrick Williams noted Lot #3 being directly on Lucas Avenue and will need to conform to the landscaping code.
David Gordon, Attorney for the Planning Board noted the negative declaration for SEQR.
Nadine mentioned The Board waived the view shed in a prior meeting
OTHER MATTERS:
o Town Board Referrals:
1. Local Law 3-2022 – Moratorium Extension until October 1, 2023
The Planning Board had no comments on this Local Law.
2. Subdivision Law
The Board mentions the following to be considered by the
Town Board: lighting, re-subdivision, open space, definitions,
slopes greater than 15% not able to subdivide, cluster housing,
utilization of Homeowners Assocation.
Patrick Williams stated the code written is illegal and the
applicants are under the old law. David Gordon, Attorney for
the Planning Board; stated NYS Law will supercede. He
stated each law has value but the developer will make the
choice regarding a conservation easement or a conservation
area.
Zorian Pinsky asked who would be responsible for taxes?
David Gordon, Attorney for the Planning Board stated the
Assessor and the Homeowners Association will determine
this.

ACTION ON MINUTES:
Patrick Williams made a motion to accept the March 13, 2023 Regular Meeting Minutes. Zachary Jarvis seconded the motion.
All in Favor. Motion Carried
6 ayes, 0 nays, 1 abstentions, 1 absent
ADJOURNMENT:
Patrick Williams made a motion to adjourn the meeting @ 9:09PM. Zachary Jarvis seconded the motion.
All in Favor. Motion Carried
6 ayes, 0 nays, 0 abstentions, 1 absent
Respectfully submitted,
Alyssa Farrell