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

MEETING MINUTES OF April 8th, 2024, REGULAR MEETING OF Town of Rochester PLANNING BOARD held at 6:30PM at the Harold Lipton Community Center and streamed live via YouTube.

Chair Grasso called the meeting to order at 6:30 PM and asked everyone to stand for the Pledge of Allegiance.

Secretary Wilhelm did roll call attendance.

PRESENT: ABSENT:
Chair Marc Grasso Member Ann Marie Maloney
Member Rick Jones Member Zorian Pinsky
Member Zachary Jarvis Alternate Halina Duda
Member Cindy Graham
Member Peter Nelson

ALSO PRESENT: Secretary Jazmyne Wilhelm, Dave Gordon Attorney for PB, Greg Bolner CPL

Chair Grasso notified the public that The Granary public hearing notice has been cancelled for this meeting due to an error with notices being sent out.

APPLICATION REVIEW:
Application # PB 2024-09 Applicant/Owner: Henry Hershkowitz & Peter Helleran Type: LLI Representative: Bill Eggers, Medenbach & Eggers PC Zoning: R-2 Property Location: 14 & 15 Bakertown Rd. SBL: 68.2-2-31 & 68.2-2-38.112 SEQRA: Undecided Status: NEW APPLICATION DESCRIPTION: The applicant has received ZBA variance approval including 15 Bakertown Rd granting +/- 0.3 acres to 14 Bakertown Rd.

Chair Grasso introduced the application. Mr. Eggers explained the layout of the properties and reason for the application. Chair Grasso voiced concern for no longer being able to subdivide 15 Bakertown as a map note as well as addition of the right to farm note on the map.
Member Jones made a motion to certify the lot line improvement as proposed. Member Jarvis 2nd the motion. All in favor 5 yes, 0 no, 0 abstain.

Application # PB 2024-02 Applicant/Owner: Barry Turner & Others Type: Minor SBD Representative: Patricia Brooks, Control Point Associates, Inc. Zoning: R-5 Property Location: 345 Tow Path Rd SBL: 77.2-4-43.100 / 77.2-4-43.200 SEQRA: Undecided
Status: Continued Application/ PUBLIC HEARING DESCRIPTION: The applicant proposes a 4-lot subdivision of 151 acres of existing lands between 4 owners on Tow Path Rd neighboring the historic Hamlet of Alligerville.

Ms. Brooks explained the application. Chair Grasso opened the public hearing.

Kelly Gersec- “How will they be accessing the properties on the Tow Path Rd side. Will there be added traffic on Rock Hill Rd?

The board explained their will not be any access to the lots off of Rock Hill Rd. Ms. Brooks explained the forestry management is held by the DEC.

Lester Cohen- “I was concerned about the conservation area.”

Member Jones made a motion to close the public hearing. Member Jarvis 2nd the motion. All in favor 5 yes, 0 no, 0 abstain.

Member Graham requested the addition of the right to farm note on the map. Chair Grasso read the draft resolution.

Member Graham made a motion for a negative declaration. Member Jones 2nd the motion. All in favor 5 yes, 0 no, 0 abstain. Member Jones made a motion to accept the draft resolution. Member Jarvis 2nd the motion. All in favor 5 yes, 0 no, 0 abstain.

Application # PB 2024-03 Applicant/Owner: Big Net LLC Type: SUP Representative: James O’Shea , Bjorn Quenomoen Zoning: B Property Location: 5164 Rte. 209 SBL: 76.2-2-20.200 SEQRA: Undecided Status: Continued Application/ PUBLIC HEARING DESCRIPTION: The applicant proposes a Light Manufacturing expansion of 10,000 sq. ft. located inside the existing vacant storage portion of SkateTime 209.

Chair Grasso went over what the board still needs from the applicant, solar panel plans and spec sheet, and signage. He also went over the response from the highway department, the fire department, and Ulster County Planning board response. Member jones brought up the storm water collection basin not being shown properly on the map. Chair Grasso opened the public hearing.

Elliott Rosenstein- “Will this increase the noise? What are the hours of operation? Will there be an odor? What will the water usage be?”
Mr. O’Shea answered the questions, The noise will be slightly increased by the ventilation system, our hours of operation will be from 8 am- 4 pm, their will be a popcorn smell, their will be very little additional water usage it will only be used to clean the equipment.

Chair Grasso asked to keep the public hearing notice open due to waiting on ZBA decision for signage. Member Jones asked to add the hours of operation to the resolution. Member Nelson asked to add no parking signs in the back of the building and the sign to be added to the map.

Application # PB 2024-08 Applicant/Owner: The Granary, Renn Hawkey/Henry Rich
Type: SPA Representative: Allan Dumais, Brinnier & Larios PC Zoning: H Property Location: 2 Tow Path Rd SBL: 77.9-1-25 SEQRA: Completed by Town Board
Status: Continued Application/ PUBLIC HEARING DESCRIPTION: The applicant proposes a site plan approval of the former Anderson Feed mill, and the use of an already approved EEO site for the use of a restaurant, café, co-working space, etc.

Chair Grasso explained the public hearing is cancelled for this meeting due to an error with public hearing notices. The applicant and representative explained the new information they provided. Chair Grasso went over the responses from highway, fire, and UCPB. The applicant explained that the fire department will not have 360-degree access to each building due to the layout of the buildings, a fire suppression system is currently under design, the fire department will have access to the sprinkler system.
Member Jones recommended the applicant set up an appointment with the fire chief to set up an emergency response procedure. Chair Grasso agreed and requested a letter from the fire department after this meeting. Member Jones wants to know what the snow removal process will be. The applicant explained that snow will be plowed into the back if the ground is frozen. Member Jones is concerned about no handicap parking on the south side of the property. The applicant explained that they have met the 3 spaces as well as the 1 van accessible space the site has the 4 required handicap spaces. Member Jones requested a sound study from the applicant. Chair Grasso explained that we have that from the town board, and we can review it. The applicant explained that they can do a sound study for the courtyard music, however they can not do it for the building until the building is insulated. Member Graham expressed concern for fire in the tall barn due to it technically having 3 floors and low accessibility for the fire department to that building. The applicant explained that they can discuss with the architect for a fire escapes or fire suppression system, the fire department could access through the existing dirt road that will continue to be maintained. Member Jarvis asked where the dumpsters will be located. The applicant showed the location on the map. Member Jones asked if the pathways will be wheelchair accessible. The applicant explained that they will be wheelchair accessible, they will be using wood chips and item 4 for the pathways. The applicant explained that they will need to discuss maintenance of the rail trail with the town board, it is very expensive for us as an individual business to maintain it. Chair Grasso explained that they will need to discuss that with the town board and get a response on if this easement is going to be developed.
Member Jarvis made a motion to set the new public hearing for the next scheduled meeting. Member Graham 2nd the motion. All in favor 5 yes, 0 no, 0 abstain.
Mr. Bolner discussed with Mr. Hawkey about the lighting plans. The applicant explained and showed his photometric lighting plan.

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/ DECISION REVIEW DESCRIPTION: The applicant proposes a 10 – lot conservation subdivision. The new submission packet includes an updated wetland study, revised maps, SWPPP, revised lot sizes and road structure.

Chair Grasso explained the application. Ms. Carney explained the recent submissions as well as the responses. The board went through the draft resolution and discussed. Member Graham made a motion to accept the draft resolution. Member Jarvis 2nd the motion. All in favor 4 yes, 0 no, Member Nelson abstain.

Application # PB 2024-06 Applicant/Owner: Giordani/Bennett Type: Minor SBD Representative: Bill Eggers, Medenbach & Eggers PC Zoning: R-5 Property Location: 1832 Samsonville Rd SBL: 60.1-2-18.111 SEQRA: Undecided Status: Continued Application
DESCRIPTION: The applicant proposes a 2-lot subdivision of 56.69 acres where zoning requirements have been met.

Chair Grasso went over the application. Member Jarvis made a motion to set for public hearing at the next meeting. Member Nelson 2nd the motion. All in favor 5 yes, 0 no, 0 abstain.

Application # PB 2024-11 Applicant/Owner: R. Smith Site Development LLC Type: SUP Representative: Richard Smith, Owner Zoning: I Property Location: 446 Samsonville Rd
SBL: 68.3-1-42.120 SEQRA: Undecided Status: NEW APPLICATION DESCRIPTION: The applicant proposes to build a single-family dwelling in an Industrial Zoning district which requires a Special Use Permit by code.

Chair Grasso went over the application. Member Jarvis recused himself due to previous financial gain. The applicant explained the application. Member Graham made a motion to waive the public hearing. Member Jones 2nd the motion. All in favor 4 yes, 0 no, Member Jarvis abstain. Chair Grasso read through the draft resolution. Member Jones made a motion to approve the draft resolution. Member Graham 2nd the motion. All in favor 4 yes, 0 no, Member Jarvis abstain.
Member Jarvis is un recused at 8:52pm.
OTHER MATTERS:
– Approval of March 11th, 2024, Meeting Minutes
Member Jarvis made a motion to approve the minutes. Member Graham 2nd the motion. All in favor 5 yes, 0 no, 0 abstain.
– Local Law # D – Amendment to zoning (comments)
Chair Grasso explained the reason for the law. The board agreed that any existing violations be corrected and or fees paid.
– Annual Training Hours Requirement
Chair Grasso explained that we need to set up training with either Emily or Dave.

– Workshop Meeting Training/Discussion
Member Jarvis made a motion to cancel the workshop meeting. Member Graham 2nd the motion. All in favor 5 yes, 0 no, 0abstain.

ADJOURNMENT:

Member Jarvis made a motion to adjourn at 8:57 pm. Member Graham 2nd the motion. All in favor 5 yes, 0 no, 0 abstain.

Respectfully submitted,
Jazmyne Wilhelm,
Secretary