PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF August 9th, 2021 REGULAR MEETING OF the Town of Rochester PLANNING BOARD, held at 7:00pm at the Harold Lipton Community Center and streamed via YouTube.
Chair Lindstrom asked everyone to stand for the Pledge to the Flag.
The Secretary did roll call attendance.
PRESENT: ABSENT:
Maren Lindstrom, Chairperson Zorian Pinsky
Sam Zurofsky, Vice Chairperson
Patrick Williams
Rick Jones
Ann Marie Maloney
Marc Grasso
ALSO PRESENT:
Zachary Jarvis- Alternate.
Mary Lou Christiana-Town Attorney
Nicole Knapp-Secretary.
ANNOUNCEMENTS and COMMUNICATIONS
August 30th Workshop Meeting Decision:
Chair Lindstrom made a motion to cancel the August 30, 2021 Planning Board workshop meeting. Ann Marie Moloney seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.
TRAININGS:
An online archive was forwarded in an email from Supervisor Baden containing links to useful trainings for Board members to take.
Secretary updated all training spreadsheets and asked for Board members to send in any training certificates if they hadn’t already.
ACTION ON MINUTES:
Chair Lindstrom announced corrections still needed to be made for the July 12th meeting minutes. Char Lindstrom made a motion to table the approval for the minutes until the next meeting. Rick Jones seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.
APPLICATION REVIEW:
PB 2021-10 LLI Continued Application
James Tanner (Owner & Applicant)
Mr. Tanner was present on behalf of the application. The Board reviewed the map and proposed change of removing the current line down the middle of the property.
Decision: PB 2021-10 LLI
Lot Improvement – Certification
*Pursuant to Chapter 125 and Chapter 140 of the Code of the Town of Rochester.
Applicant: James Tanner
Owner: James Tanner
Reason for Request:
Applicant proposes the combination of two parcels S/B/L 59.12-1-31 (+/- 3.0 acres) and S/B//L 59.12-1-30 (+/-2.1 acres) into one +/- 5.1 acre parcel. Parcels are in the R-2 zoning district are located at 669 Upper Cherrytown Road, Kerhonkson NY and abut the Catskills State Park.
Location:
S/B/L: S/B/L 59.12-1-31 (+/- 3.0 acres) and S/B//L 59.12-1-30 (+/-2.1 acres)
Zoning District: R-2 (Low Density Residential) Zoning District.
Zoning Permit filed: 6/28/2021 SEQR Type: Type II by definition
Planning Board Application #: 2021-10 LLI PB Application filed: 6/29/2021
* * * * *
The Planning Board has reviewed the plat and certifies the lot improvement proposed will meet Town of Rochester lot requirements for the R-2 zoning districts and, for recording purposes only, further represents an exempt lot improvement in accordance with Section § 125-18 of the Town of Rochester Subdivision Regulations. No subdivision approval is required or given by the Planning Board. The Planning Board further grants the authority to the Chairman to sign the plat certifying the lot improvement for filing purposes without further resolution upon receipt and the Chairman’s determination such plat meets the requirements of the code is in agreement with the sketch plan provided for review.
Plat shall be prepared by a licensed Land Surveyor or Professional Engineer to describe the conveyances involved by metes and bounds and shall include the Town of Rochester Lot Line Note:
“These plans are acknowledged by the Town of Rochester, and for recording purposes only, to represent an exempt lot improvement in accordance with § 125-18 of the Town of Rochester Subdivision Regulations. No subdivision approval is required or given. Lot improvement parcel shall not be considered a separate building lot apart from the tract to which it is being added. ”
The owner shall file in the office of the Ulster County Clerk such certified plat bearing the Chairman’s signature within 62 days of this certification. The owner shall have the responsibility to return four (4) Ulster County Clerk certified copies of the plat to the Town of Rochester Planning Board within 30 days of filing.
Chair Lindstrom made a motion to certify the Lot Line Improvement. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.
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PB 2021 – 11 LLI
Robert Kilpert/Jeffrey DePuzzo (Owners & Applicant) New Application
Lot Line Improvement
Applicant proposes the creation of a flag entrance with 50’ road access frontage to parcel B S/B/L 76.1-2-2.112 (+/- 69.4 acres) by conveyance of +/- 0.6 acres from parcel A S/B/L 68.3-3-17.100. Parcel B is in the AR-3 zoning district, is in the Ulster County Ag district, contains prime soils and soils of statewide importance and is located at 68 Dunn Farm Road, Kerhonkson, NY. Parcel A is located at 18 Krum Road, Kerhonkson, NY and is in the R-2 zoning district, contains an ACOE Wetland, prime soils and hydric soils. Proposed flag access will go over the hydric soils (identified by the DEC as probable wetlands. Both parcels are owned by Kilpert/DePuzzo.
SEQRA: Type II by code
**Application tabled, Applicant not present**
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PB 2021-10 SBD Continued Application
Maureen Kelly (Owner & Applicant)
Minor Subdivision
Applicant proposes a 2 lot minor subdivision of S/B/L 60.3-1-6.2 (+/- 14.78 acres) into lot one of approximately 5 acres to retain an existing single family dwelling, garage and pool with existing well and septic and lot two of +/- 9.8 acres to contain existing horse barns, and corrals with the intention to construct a single family dwelling.
SEQRA: TBD
Terry Ringler present on behalf of the Application.
Board members verified appropriate changes were made to map as requested at the July 12th, 2021 meeting.
– Pond/wetland Army Corps of Engineers in the front of the property labeled.
– Chair Lindstrom asked about the stream to the rear of the property. Mr. Ringler stated it did not show up on any of the wetland maps.
– Proposed well and septic on the current map. Septic needs to be certified.
– Existing driveway will be split off of to where new house will be constructed. There will be a shared driveway. Chair Lindstrom stated the need for a shared driveway agreement, which Mr. Ringler stated is being worked on by Ms. Kelly. Secretary to send Mr. Ringler form Road Maintenance Agreement file.
Chair Lindstrom made a motion to set the Public Hearing for 9/13/2021. Mr. Grasso seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.
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PB 2020-05 LLI & SPA Continued Application
Inness NY, LLC (Applicant & Owner)
Lot Line Improvement & Site Plan Amendment
Applicant proposes the deletion of a lot line to combine S/B/L 77.1-1-41 (+/- 2.89 acres) with S/B/L 77.1-1-1 (+/- 137.1 acres). Additionally the applicant proposes the relocation of the spa from the previously approved site plan location onto the added acreage. Parcels are located in the AR-3 (residential agriculture) zoning district and are located at 10 Bank Street, Accord, NY.
SEQRA: Unlisted/Coordinated Negative Declaration 7/12/2021
Chair Lindstrom made a motion to certify the Lot Line Improvement. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.
Chair Lindstrom read the draft decision:
Decision: PB 2021 – 03 SPA amending 2017-02 SUP/SPA
Amended Site Plan Approval Conditional Approval Applicant: Inness NY, LLC (Owner) Somers Partners, LLC (Applicant)
Reason for Request: The applicant proposes the deletion of a lot line to combine S/B/L 77.1-1-41 (+/- 2.89 acres) with S/B/L 77.1-1-1 (+/- 137.1 acres). Additionally, the applicant proposes the relocation of the spa/gym from the previously approved site plan location onto the added acreage. Parcels are located in the AR-3 (residential agriculture) zoning district and are located at 10 Bank Street, Accord, NY.
Location: 10 Bank Street, Accord, NY
Total Acreage: 136.8 +/- acres
S/B/L: S/B/L 77.1-1-41 & S/B/L 77.1-1-1
Zoning District: ‘AR-3’, ‘FD Overlay’, and ‘AP Overlay’ contiguous to NYS AG district. Contains NWI Wetlands, State Freshwater wetlands, and is within 500 ft. of a National Historic Register Property.
Code Enforcement Determination: Amended Site Plan Approval (original 2/17/2017 amended 1/30/2018), here amended site plan approval of 3/22/2021
Zoning Permit: 109 of 2021 dated 3/19/2021 which is an amendment of zoning permit 25 of 2017 dated Jan. 6, 2017, amended Jan. 30, 2018
Planning Board Application: 2021-03 SPA
PB Application filed: 4/14/2021 (as amended) EAF filed: 3/29/2021
SEQR Type: Unlisted, Coordinated – 5/10/2021
SEQR Determination: Negative Declaration – 7/12/2021
Other Agency Referrals: SHPO, UCDOH, UCPB
Documents considered by the Planning Board for review:
1. Zoning Permit 21 Of 2021 determination of amended Site Plan Approval dated 3/19/2021
2. Code Enforcement letter of determination dated 3/19/2021 and received 3/29/2021
3. Application Narrative Letters from Peak Engineering dated 4/26/2021 and 5/28/2021
4. Planning Board Special Use/Site Plan application SUP/SPA 2021-03 dated 3/29/2021 and received 4/14/2021 and Planning Board Lot Improvement application received 4/14/2021
5. Application to UCDOH for Sewage Disposal System, dated 2/9/2021 and approval of septic system by UCDOH received 6/28/2021
6. EAF Part I, short form received 3/29/2021 and amended 7/12/2021
7. Letters of Representation for Peak Engineering from Taavo Somers dated 3/29/2021
8. Agricultural Data Statement received 3/29/2021
11. Site Plan with lot line adjustment, water and sewage plan, landscaping plan, soil and erosion plan, dated 3/22/2021, received 3/29/2021, revised 4/26/2021 and 5/28/2021
12. Elevation set/renderings for new spa/gym received 4/26/2021
13. Aerial view of site received 3/29/2021
14. Lighting tear sheets received 4/26/2021
15. Circulation of Notice of Intent to Seek Lead Agency for purposes of SEQRA dated 5/18/2021
Notice of Public Hearing:
1. Published in the July 1st, 2021 edition of the Shawangunk Journal.
2. Notice by mail to known adjacent landowners, and application referral agencies.
3. Posted on the T/ Rochester Clerk bulletin board and town website.
Date of Public Hearing: 7/12/2021 Place: TOR Community Center, Accord, NY
Public Comment: (see Minutes of Town of Rochester Planning Board, 07/12/2021)
* * * *
Findings of the Planning Board:
1. The Planning Board received from the Code Enforcement Officer a zoning referral and Code Enforcement determination letter to amend the existing Site Plan Approval 2017-02 SUP/SPA and an additional application for a lot line improvement to combine two lots. The amended application proposes the relocation of the spa/gym from the previously approved site plan location onto the added acreage, with a commensurate installation of water and septic for the relocated structure.
2. The parcels to be developed are known as S/B/L 77.1-1-1 & 77.1-1-41. The Planning Board reviewed and approved the Lot combination before proceeding with the SPA.
3. The Planning Board further received an application, EAF Part 1, Agricultural Data Statement, Site Plan, and related documentation from the applicant.
4. The amended elevation plans/renderings show the new/relocated building to be vastly parallel to the previously approved spa/gym structure with structural changes solely related to harmonization with the new location’s topography. The new structure retains the character of the historic homes, barns, and structures of the Town and is aligned with the building design and location guidelines of §140-20 (A). No other changes are proposed for the remaining structures, golf course or previously approved site plan.
5. Landscaping, Parking, and Signage: Landscaping plans were submitted as a part of the site plan submissions. New landscaping for the relocated spa/gym preserves the open space and returns areas to native grasses and shrubbery and plants. Additional grasses and trees with an emphasis on native species to be added are indicated on the site plan. An existing gravel driveway to the new location is to be suppressed/grassed over, and a 6’ entry pathway is to be added from the main parking area. No additional parking is planned, nor requested by the Planning Board, as parking in the Main Parking area (as defined on the original site plan) is sufficient for the spa/gym which will not be available for public use—solely for guest use. No highway facing spa/gym related signage is proposed, and any additional signage will be interior wayfaring signage.
6. The parcel is located in the ‘AR-3’ zoning district and the use(s) proposed have been determined to meet or exceed the Schedule of District regulations pursuant to the Town of Rochester zoning code.
7. The parcel is additionally located in the ‘FD Overlay’. No construction or disturbance is proposed within the flood zone.
8. The parcel is additionally located in the ‘AP Overlay’ zoning district and the uses comply with the standards of such district.
9. The parcel is located contiguous to Ulster County Ag District #3 zoned properties. An Agricultural Data Statement was prepared and presented.
10. The Planning Board determined the application to be an unlisted/coordinated application for SEQRA and circulated for Lead Agency to the involved agencies of UCDOH and SHPO. The application was further referred to the Ulster County Planning Board for comment. Upon receiving no reply for the involved agencies the Planning Board assumed lead agency, conducted SEQRA Part 2 and made a negative declaration on July 12th, 2021.
11. The parcel is within 500 feet of a property listed on the National Register. Referral to the NYS Office of Parks, Recreation, and Historic Preservation (SHPO) is required and was made. SHPO did not respond.
12. Ulster County Health Department approval for new location of water and septic associated with the spa/gym is required and was received.
17. Lighting specification and tear sheets were provided for the additional lighting on the site plan and were found to be compliant with TOR zoning code §140-20 (H) Lighting. Proposed new lighting is minimal with some building mounted lighting. The Planning Board asked for additional pathway lighting to be added from the parking lot to the spa/gym main entrance, which was included in the final site plan
18. The application was referred to the Ulster County Planning Board for comment. The UCPB did not reply within the 30 day response period.
Draft findings were prepared by the Chairman and were read, discussed and amended by the Planning Board.
Adopted August 9, 2021
Ayes: 6 Nays: 0 Absent: 1
Motion to adopt findings by
Rick Jones
Second by Patrick Williams
* * * *
RESOLVED,
The Town of Rochester Planning Board grants an amended Site Plan-Conditional Approval to Inness, NY, LLC for the relocation of the spa/gym of the Inness Resort on lands situated at 10 Bank Street, Accord, NY, known as S/B/L77.1-l-l and 77.1-1-41 as combined by a Lot Improvement, and located in the ‘AR-3’, ‘FD Overlay’, and ‘AP Overlay’ Districts, contiguous to NYS AG district, containing NWI Wetlands, state freshwater wetlands, and within 500 ft. of a National Historic Register Property.
The Site Plan as dated 5/19/2021 is approved with the following conditions
CONDITIONS of APPROVAL:
1. Any and all fees due to the Town of Rochester involving this application shall be paid in full prior to the Chairman’s signature on the Site Plan.
2. Any deviation from or amending of the approved and signed Site Plan shall require resubmission to the Planning Board, except as may be permitted as determined by the Code Enforcement Officer. These plans and the conditional approval are specific solely to the spa/gym relocation. Refer to the approved site plan and SWPPP for all other details, notes and specifications. This reference is included on the revised spa/gym site plan sheets.
3. All Local, County, State, and Federal Laws or Codes shall be complied with for the current or future use of these lands. Specifically, the site plan shall comply with all provisions of TOR Zoning Code §140-20.
4. The applicant shall secure a T/ Rochester building permit for the spa/gym, or any other construction regulated by the NYS Building and Fire Code. All conditions imposed in the granting of the permit(s) shall be made a part of this site plan approval. A copy of the approved permit shall be filed with the T/ Rochester Planning Board.
5. Prior to the issuance of a Certificate of Occupancy for public use of the spa/gym facility:
.
a. Landscaping shall be completed per the signed approved Site Plan and in compliance with TOR Zoning code §140-15 Landscaping Standards.
b. The walkway shall be constructed, and lighting installed as per the specifications indicated on the Site Plan
c. Proof of completion of such actions shall be submitted to the Code Enforcement Officer for verification.
6. Any and all other agencies’ permits or approvals which are currently required or any which may be determined in the future to be required in conjunction with the construction and/or operation of this use shall be secured or renewed as applicable. Should any conditions imposed by other agency permits cause conditions to be in conflict, the more restrictive condition shall prevail. Should any permit approvals necessitate a change to the approved Site Plan, the matter shall be referred to the Planning Board for consideration.
7. Parking shall only be allowed in the spaces designated on the approved and signed Site Plan. Parking shall not be allowed within the public road right-of-way nor within the driveway or designated Site Plan traffic aisles at any time. TOR Zoning code §140-17 (A) (3) Parking, Loading and Access shall be adhered to at all times. ADA compliant parking as mandated by TOR Zoning code §140-17 (A) (3) shall be provided at all parking areas to code.
The Town of Rochester Planning Board further grants the authority to the Chair to certify condition one has been completed without further resolution and to sign and date the plat at such time.
EFFECT of APPROVAL:
1. This Special Use and Site Plan approval and associated conditions shall be binding upon the applicant and all successive owners of the land so long as such use(s) shall occur.
2. This approval shall remain effective as an authorization to secure the required permits and establish the use(s) for a maximum of one year from this date of approval unless the applicant shall have submitted written request and the Planning Board shall have adopted such resolution granting an extension and provided the applicant has submitted proof of having diligently pursued the implementation of the plans.
Adopted August 9, 2021, by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion made by: Sam Zurofsky
Seconded by: Patrick Williams
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PB 2021–13 SBD Continued Application
Rock Mountain Farms (Karen & Howard Osterhoudt)
Minor Subdivision
Applicant proposes the subdivision of parcel S/B/L 68.4-6-1.117 (+/- 6.6 acres) into two lots, lot one of +/- 1 acres and lot 2 of +/- 5.6 acres. Lots are to be accessed by Cathy Jo Pl. Accord, NY and current parcel can be accessed by Roberts Drive as well. Parcel is in the R-1 and R-2 zoning districts, contains farmland of statewide importance, the far rear of the parcel is in the FEMA 100 year flood plain, contains hydric soils and contains probable wetlands.
SEQRA: TBD
John Post present on behalf of the applicant.
Mr. Jones brought up a prior question about the parcel being both R1 and R2 zoning, but Attorney for the Town clarified a parcel can be located in more than one zone and it was not something that would affect the Planning Board’s decision.
Chair Lindstrom stated the proposed driveway locations, well/septic locations, as well as additional topo need to be added to the maps. Mr. Post stated there is an existing septic approval for one of the lots already and the plan is to tap into the existing water facility for the rest of the properties in Rock Mountain Farms. It was confirmed there would be no access to the new subdivision off of Roberts Dr.
Chair Lindstrom proposed setting the Public Hearing contingent on receiving additional information needed on the map by 8/30 at 3:30PM.
Mr. Jones made a motion to set the Public Hearing contingent on receiving additional information by the deadline. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.
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PB 2020-06 SBD Continued Application
Olga Byrne (Owner and Applicant)
Minor Subdivision
Applicant proposes a minor subdivision into three lots of the parcel S/B/L 60.3-2-2.510 (+/- 23.8 acres) located at 2002 Queens Highway, Accord, NY with access by a shared driveway. The current shared driveway is to be abandoned so that it no longer serves the adjacent parcel 60.3-2-51.120 as well as the proposed three lot subdivision. Proposed lots: lot one of +/-9 acres, lot two of +/- 4.9 acres and lot three of 9.9 acres. Parcel is in the R-2 (Low Density Residential) zoning district. Parcel is flat to sloping woodlands and contains a named stream (Gray Creek), ACOE wetlands, and Ulster County Habitat Core Lands.
SEQRA: Unlisted Uncoordinated, Conditional Negative Declaration December 12/14/2020
Barry Medenbach and Heather Gabriel of Medenbach & Eggers present on behalf of the applicant.
Also present, Liz Axelson from CPL, the Town’s consulting engineering firm.
Chair Lindstrom stated the need to reopen SEQRA and amend to a negative declaration.
Mr. Jones asked a question regarding setbacks listed in the CPL commentary and repair of the culvert being a contingency of the decision. Chair Lindstrom stated these details were stated in the draft decision as a condition of approval.
Ms. Axelson stated the only thing that is in her comments that is not a condition of approval is the creation of a driveway, which is not needed.
A question was raised to Ms. Gabriel about measurement discrepancies, but Ms. Gabriel stated it was a rounding issue and the proper rounded number will be on the final map. Mr. Medenbach stated they round to a tenth of an acre until the final map.
Chair Lindstrom made a motion to amend the SEQRA determination to be a negative declaration and to change items #8 & #9 from moderate-large impact to no-small impact. Mr. Zurofsky seconded the motion.
Roll Call:
Chair Lindstrom- Yes Ms. Moloney- Yes
Mr. Zurofsky- Yes Mr. Grasso- Yes
Mr. Williams- Yes
Mr. Jones- Yes
Mr. Pinsky- Absent
All in Favor. Motion Carried.
Chair Lindstrom read the draft decision:
Decision: PB 2020-06 SBD (Amended)
Minor Subdivision Conditional Final Approval
Applicant: Olga Byrne & Rodrigo Pereda Beauchat
Owner: Olga Byrne & Rodrigo Pereda Beauchat
Reason for Request: Proposes the subdivision of S/B/L 60.3-2-2.510 (+/- 23.8 acres) into 2 lots: lot one of +/- 14.71 and lot 2 of +/- 9.01 acres with access by a shared driveway.
Location: 2003 Queens Highway, Accord, NY
Total Acreage: ±23.8 acres
S/B/L: S/B/L 60.3-2-2.510 Zoning District: R-2 (Low Density Residential)
Parcel is flat to sloping woodlands with steep slopes (greater than 25%) running through the middle to front of the property and substantial wetlands (ACOE and other defined wetlands), a named A(T) stream (Gray Creek) comprising toe front of the parcel, and Ulster County Habitat Core Lands
Code Enforcement Determination: Minor Subdivision
Zoning Permit: 459 of 2020 (as amended of 252 of 2020)
Planning Board Application: 2020-06 SBD
PB Application filed: 10/26/2020 (as amended) EAF filed: 10/26/2020
SEQR Type: Unlisted, Uncoordinated – 12/14/2020
SEQR Determination: Conditional Negative Declaration – 12/14/2021 amended to Negative Declaration 8/9/2021 (due to reduced number of proposed lots)
Other Agency Referrals: New York State DEC
Documents considered by the Planning Board for review
1. Letter of Determination (second amended determination) from Code Enforcement Officer dated 10/27/2020, received 10/28/2020
2. Original Zoning Permit 252 of 2020 determination of Major Subdivision received 7/30/2020, resubmitted as Zoning Permit 459 of 2020 determination of Minor Subdivision received & dated 10/28/2020.
3. Planning Board Subdivision Application 2020-06 SBD, received 9/1/2020, revised 10/26/2020, revised 6/28/2021
4. Letter of Representative powers from Olga Byrne & Rodrigo Pereda to Medenbach & Eggers Civil Engineering & Land Surveying received 9/2/2020
5. Short Form EAF Part 1 received 9/2/2020, revised 10/26/2020, revised 4/26/2021 revised 6/28/2021
6. Short Form EAF part 2 dated 12/14/2020 revised/amended 8/9/2021
7. Threatened and Endangered Species Report prepared by Michael Nowicki, Ecological Solutions dated 9/21/2021 and received 10/26/2020
8. DEC email thread determination of wetlands and stream initiated 10/16/2020 received 10/26/2020
9. Letter to DEC 11/13/2020 with DEC response for 3 lot subdivision 12/14/2020 Christina Pacella DEC Permits Region 3
10. Letter to TOR ECC 11/13/2020with response letter 12/14/2020
11. Shared Driveway abandonment statement form Robin & William Carroll dated 10/23/2021 and received 10/26/2020
12. Preliminary Plan received 9/1/2020 (5 lot subdivision) Revised 3/30/2020. Revised 10/22/2020 (3 lot subdivision). Revised 1/22/20201 (3 lot subdivision). Revised 4/24/2020. Revised 6/28/2021 (2 lot subdivision). Revised 7/26/2021 (2 lot).
13. Aerial view of parcel 11/4/2020
14. NYS DEC Environmental Map of Conditions 12/14/2020
15. Slope analysis dated 1/22/2021, revised 4/26/2021,
16. Soil Erosion & Sediment Control Plan dated 2/22/2021, revised 6/28/2021, revised 7/26/2021
17. Site Grading Soil Erosion & Sediment Control Plan dated 4/21/2021
18. Grading Plan & Driveway Profile (2 lot SBD) 6/28/2021, revised 7/26/2021
19. Driveway Profile dated 4/26/2021
20. Requests for extension of Public Hearing 4/5/2021, 5/10/2021, 6/14/2021
21. Letter to Accord Fire District 11/13/2021. Response letter stating required modifications received 11/23/2020
22. Public Testimony w/ photos 1/5/2021
23. Email thread regarding disturbance of stream/stream bed between applicant and Medenbach & Eggers 2/9/2021
24. CPL Review #1 2/15/2021, #2 5/3/2021, #3 7/6/2021, #4 8/4/2021
25. M&E response letters to CPL analysis #1 4/26/2021. #2 6/29/2021, , #3 7/26/2021,
26. Letter to TOR Highway Department 11/13/2020 with from TOR Highway Supervisor received
27. Letter from UCPB received 5/11/2020 stating exempt from UCPB review.
Notice of Public Hearing:
1. Published in the December 3rd, 2020 edition of the Shawangunk Journal.
2. Notice by mail to known landowners within 500’.
3. Posted on the T/ Rochester Clerk bulletin board and Town of Rochester website.
Date of Public Hearing: 12/14/2020 – 7/12/2021
Place: Virtual Meeting(s) and Harold Lipton Community Center, Accord, NY
Public Comment: (see Minutes of Town of Rochester Planning Board, 12/14/2020 – 7/12/2021)
* * * *
Findings of the Planning Board
1. The applicant initially met with the Code Enforcement Department and the Planning Board Chair in a pre-application meeting to qualify the subdivision. Subsequently the applicant proposed and presented to the Planning Board a five lot subdivision which was determined to be a major subdivision requiring a private road access. The applicant amended the five lot subdivision to a three lot subdivision and resubmitted their application to the Code Enforcement Office.
2. Upon amendment of the proposed subdivision as a 3 lot subdivision, it was determined that Robin and William Carroll, (neighboring property owners at 2011 Queens Highway) currently share an access drive with the applicant over the existing +/-23 acre lot. The 3 lot subdivision therefore would create 4 lots using the private right of way, and no longer fit the definition of a shared driveway. The applicant was told by the Code Enforcement Office that the access remained a private road and Major Subdivision review would still apply. Robin and William Carroll submitted a letter to the Code Enforcement Office stating that they would build their own driveway to access their lot at 2011 Queens Highway and no longer share the access with the applicant’s lot at 2003 Queens Highway, thus achieving the determination of a minor subdivision with shared driveway in a R-2 zoning district.
3. The applicant presented the revised 3 lot subdivision with the elimination of the shared driveway across the adjacent plots to the Planning Board with revised subdivision map for review.
4. The parcel is in the R-2 zoning district. The applicant proposed the subdivision of S/B/L 60.3-2-2.510 (+/- 23 acres) into 3 parcels of +/- 9.0 acres (lot 1), +/- 4.9 acres (lot 2), +/-9.9 acres (lot 3) respectively with construction of single family dwellings, well and septic on lots 2 and 3. As detailed sequentially below, the subdivision of S/B/L 60.3-2-2.510 (+/- 23 acres) was subsequently modified in the final application to a two lot subdivision of lot 1 +/- 14.71 acres and lot 2 +/- 9.01 acres with the construction of a single family dwelling with well and septic on lot 2.
5. The existing plat is filed with the Ulster County Clerk.
6. The current use of the parcel is residential and woodlands with one single family dwelling, well, and septic. The centerline of the parcel, where the proposed shared driveway and right-of-way for proposed lot 3 (final proposed lot 2) is located, contains highly sloping lands. Furthermore, proposed lots 2 and 3 (final proposed lot 2) contain substantial wetlands, riparian buffers, and a DEC named and regulated A(T) stream (Gray Creek) runs along the entirety of lot 2 and lot 3’s (final proposed lot 2’s) frontage onto Queens Highway. As a DEC regulated stream, any disturbance to the bed or bank of Gray Creek shall require permitting by the DEC. The DEC responded to correspondence from the Planning Board and required that the final site plan shall show a shared driveway so as to minimize stream disturbance and stipulated that if with the subdivision multiple stream crossings were shown these crossings would not meet permitting requirements. This shall be a condition of approval and noted on the final plat and deed.
7. Upon subsequent reviews with the Planning Board, the Board determined that the three lot subdivision, specifically the proposed lot 2, would necessitate extensive grading, land clearing/disturbance and a building site that does not adhere to Chapter 125 Subdivision of Lands subdivision standards. Drive access and limits of disturbance on the greater or equal to 25% steep slopes and sloping lands between 15% and 25% would have great difficulty meeting code (per code section 125-22. A. (7) grading on slopes exceeding a 15% grade shall be minimized and no disturbance is allowed on slopes exceeding a 25% grade), and further review showed difficulty with septic and primary dwelling unit setbacks to the named stream and wetlands which substantially cover the front third of the parcel up to the steep slope(s).
8. Proposed lot 1 and lot 3 (final proposed lot 2) are substantially contained within Ulster County Habitat Core lands and NYS DEC Core Forest Lands (Forest within the 60 – 80 quality percentile as defined on the NYS DES Natural Resources Mapper) and contain nesting sites for the endangered Indiana Bat. No land disturbance in perpetuity shall be allowed between April 1st and October 31st to protect the spring and summer nesting habitat of the Indiana Bat as a condition of approval.
9. Due to the topographical and environmental constraints of the property, the complexity of the access, and the fluidity of the proposed number of lots, the Board requested and passed by unanimous vote that escrow be posted by the applicant for review of the proposed subdivision by the Attorney for the Town and the Town Planning Consultant, CPL.
10. The Town of Rochester Planning Board sent letters seeking comment from the NYS DEC, TOR Highway Department, Accord Fire District and the TOR Environmental Conservation Commission.
11. The TOR Environmental Conservation Commission stated concerns regarding vegetation clearing, the lack of mention of wetlands on the applicant’s SEQRA EAF Part 1, the impact on threatened and endangered species, the effects on a DEC regulated stream, and infringements on 100’ foot setback requirements amongst other concerns (at the time a 3 lot subdivision).
12. The Board encouraged the applicant to preserve the existing natural resources and woodlands as per subdivision code guidelines stated in TOR zoning code §125-21 and §125-22. Quality forest lands are found on proposed lots 1 & 3 (final proposed lot 2). The Planning Board discussed the preservation of the forest lands in the regular public meetings and expressed the preference for limited development occurring within the Core Forest/Habitat Core area. Limit of land disturbance shall be a condition of approval.
13. The Planning Board discussed the responsibility of balancing the impact on the environment, health, welfare and safety of the community and the benefit to the landowner.
14. Pursuant to the TOR Planning Consultant CPL’s reviews and suggestions, and in light of the aforementioned land constraints the applicant amended the three lot subdivision to create a two lot subdivision with the elimination of proposed lot 2 and the reconfiguration of proposed lot 3 (final proposed lot 2) so as to achieve greater setback from the wetlands, riparian buffer, stream and steep slopes. Full CPL comments are included with this decision. Comments and suggested changes of note from CPL, are as follows and corroborated the Planning Board concerns for the difficulty of development on the parcel:
• Many comments remain to be addressed, however, the revisions made provide information sufficient to recommend the proposal be redesigned as a 2-lot subdivision, for the following reasons:
• Proposed Lots 2 and 3 are substantially constrained with little or no rolling terrain, very limited portions of or no moderately sloped area for location of house, septic, well, driveway, large areas of steep lands and very little usable yard area. Lot 2 has a residence and septic on steep slopes, with the shared driveway occupying most of the moderately sloped land
• The stream, 100-foot stream corridor, and United State Army Corps of Engineers (US ACOE) wetland areas, and setbacks are avoided only to a limited degree in the lot layout. The proposed septic system for Lot 2 is located on steep slopes and the reserve area is at the bottom of a steep slope, close to the stream corridor and wetlands, yet far from the proposed dwelling. This requires clearing and disturbance on steep slopes and in woodlands near streams and wetlands, which must be avoided.
• Of the combined area of proposed lots 2 and 3, which is 15 acres, it appears that only about one quarter of the combined area, or 3.75 acres, is without constraints such as steep slopes (15%-25%; and 25% or greater), wetlands and streams and their corresponding adjacent areas and setbacks.
• Lot 2’s dwelling and most of the driveway is proposed on slopes of 15%-25%, since there is little or no area sufficient with slopes of 10% or less for these improvements or any lawn or yard area adjoining the proposed house site.
• Lot 2’s waste line from the septic tank to the system below requires disturbance on slopes of greater than 25%.
• Reconfiguration to a 2-lot subdivision would result in one new lot on which a reasonably suitable, safe homesite may be developed while minimizing problems with constructing necessary improvements and conserving the Town’s natural resources and environment. A 2-lot subdivision would be consistent with the stated purposes, requirements, and design standards of Chapter 125. Subdivision of Land. However, this is not true of the currently- proposed 3-lot subdivision.
The application was determined to meet the requirements of an Unlisted SEQRA action.
• A Conditional Negative Declaration was determined upon review of the three lot subdivision and was re-opened and re-classified as a negative declaration for the revised 2 lot subdivision.
16. A Public Hearing was held. Neighboring parcel owners presented testimony and pictures demonstrating the frequent flooding of Gray Creek creating an extended high water mark for Gray Creek and thus potentially extending the corresponding required setbacks to the high watermark of a named stream as per code. Public comment expressed concern that land disturbance along and above the steep slopes would cause runoff, stream turbidity, and worsen flooding. Public testimony was further heard that the condition of the culvert under the current proposed (existing) driveway entrance is of poor condition resulting in blockage of the culvert and commensurate flooding. Repair of the entrance culvert shall be a condition of approval. The Planning Board decided that the modified design of the three lot subdivision to a two lot subdivision moves the limit of disturbance sufficiently away from the stream and stream flooding/riparian areas. Public comment also was made about the parcel owners disturbing the stream bed of Gray Creek. The applicant corroborated this fact in an email and was informed that disturbance of a NYS DEC named stream is subject to stiff penalties when done without the appropriate DEC permitting. Disturbance of the stream without DEC permitting shall not be allowed and shall be a condition of approval.
17. The Board reviewed if the proposed lots have safe and legal access.
• The Board concludes that the proposed lots will have adequate >/= 50 foot frontage on the Town Highway Queens Highway via the shared driveway. Direct access for parcel 2 is limited by Gray Creek running along the entire front of the parcel. A shared driveway agreement and deeded right of way to lot 2 shall be a condition of approval.
• The Board contacted the TOR Fire department (Accord Fire District) and the TOR Highway Supervisor. The Accord Fire District responded that the private shared driveway would need access pull off at the midpoint of the shared driveway and a turnaround area of sufficient size at the end of the driveway, as the distance from a water source would mandate the use of water tanker trucks. The TOR Highway Department did not respond.
18. The Board requested a road maintenance/shared driveway agreement for the proposed subdivision. Receipt of the road maintenance/shared driveway agreement shall be a condition of approval upon review and acceptance by the Attorney for the Town.
19. The parcel is in the R-2 zoning district. Upon review, the Board concludes that the 2 proposed parcels meet or exceed the bulk standards requirements for the R-2 zoning district.
20. The Board reviewed if the proposed lots could support water and septic. Lot 1 has existing water and septic. The Planning Board will need engineer certification or UCDOH approval that the new lot 2 can support water and septic.
Draft findings were prepared by the Chairman and were read and discussed by the Planning Board in public meeting at the time of adoption.
Adopted August 9th, 2021 by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion to adopt findings by Rick Jones
Second by Marc Grasso
All in Favor. Motion Carried.
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision- Conditional Final Approval to permitting the subdivision of lands situated at: 2003 Queens Highway, Accord NY.
The subdivision plan dated July 26thth, 2021 is approved with the following conditions.
CONDITIONS of APPROVAL:
1. All fees due to the Town of Rochester involving this application shall be paid in full prior to the Chair’s signature on the Final Plat.
2. The applicant shall present a road maintenance/shared driveway agreement duly reviewed and approved by the Attorney for the Town prior to signature of the Final Plat.
3. The applicant shall repair the culvert under the shared driveway entrance to the satisfaction of the Code Enforcement Officer and Highway Department before a building permit shall be issued.
4. The applicant shall obtain a driveway permit and construct the driveway as shown on the final site plan with pull off and turn around as requested by the Fire District before a building permit shall be issued.
5. As per NYS DEC no additional stream crossings shall be allowed on either of the subdivided lots.
6. The applicant shall present a Final Plat for signature and change the title “Preliminary Plat” to “Final Plat”. The following plat notes shall be included:
a. “The plat is not capable of being subdivided further or is so restricted”.
b. Shared Driveway: “the proposed ingress-egress easements shown shall be used in common by the owner(s) of lots 1 and 2. All such easements shall be in effect and binding on owners of said lots, their heirs, successors, and assignees and all future owners of said lots their heirs, successors and assignees upon filing of this subdivision plat in the office of the Ulster County Clerk”.
c. “The Planning Board approves the use of a shared driveway as shown on this plat (plan) to service no more than two single family dwellings via access from a shared driveway through the establishment of a right-of-way. The shared driveway shall be utilized by no more than a total of three single family dwellings or lots including the lot it has access over”.
d. DEC Stream: “This property contains a New York State regulated stream. For as long as any portion of the property described in this deed is subject to regulation under Article 15 (Protection of Waters) of the Environmental Conservation Law (ECL) of the State of New York, there shall be no regulated activity as defined by Article 15 of the ECL on this property within the bed or banks of this stream at any time without having first secured the necessary permission and permit required pursuant to the above noted Article 15 from the NYS Department of Environmental Conservation (DEC). This restriction shall bind the Grantees, their successors and assigns and shall be expressly set forth in all subsequent deeds to this property. Construction of structures and other improvements such as septic, access, parking, or other improvements within the 100-foot buffer area of the stream and wetlands is prohibited. The clearing of vegetation (Trees, understory, native ground cover, etc.) is prohibited within the 100-foot buffer area of the stream and wetlands. Construction of additional stream crossing access points is prohibited”.
a. Rochester Waterway: “As per the Code of the Town of Rochester §140-12(E), each lot fronting on a named stream depicted on United States Geological Survey maps shall include a setback of 100 feet in depth from the high water mark of such stream.
b. No land disturbance and/or tree clearing in perpetuity shall be allowed between April 1st and October 31st to protect the spring/summer nesting habitat of the Indiana bat, in perpetuity”.
c. Vegetative clearing in the Core Forestlands as defined by the New York State Department of Environmental Conservation (NYSDEC) as per the Hudson Valley natural resources mapper shall be limited to the Limit of Disturbance shown on the plat, in perpetuity.”
d. The above prohibitions and limitations are further noted in deed covenants
7. The notation above should refer to related deeds and incorporate such provisions in the resulting deeds.
8. Revise the plan set to create final plans, as follows:
a. The Soil Erosion & Sediment Control Plan filed to mitigate runoff and/or erosion from any construction on the sloping lands (per TOR 125-21 (7) all grading and earthmoving on slopes exceeding 15% grade shall be minimized) Sheet 3 shall be revised to show the locations of Rock Check Dams and a Concrete Washout corresponding to the details thereon.
b. On Sheet 1 in the Zoning Requirements table the proposed front yard setbacks shall be revised to show greater than four hundred feet (>400’) for Lot 1 and >600’ for Lot 2.
c. All 3 sheets in the plan set must have revision dates and common revision dates.
9. Any and all development shall comply with §125-21 and §125-22; with specific attention to be paid to §125-22 A sections # (4), (5), (7) & (8) regarding woodlands preservation. The Planning Board expresses the preference that development shall be limited to the amount practicable within the Ulster County Habitat Core/DEC Hudson Valley Natural Resources Mapper Core Forestland.
10. All required Local, County, State or Federal permits shall be secured for the current and future use of these lands.
This 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 T/ Rochester Planning Board.
The Town of Rochester Planning Board further grants Minor Subdivision- Conditional Final Approval permitting the two lot subdivision of lands at 2003 Queens Highway, Accord, NY upon satisfactory completion of the conditions of approval 1, 2, 6, 7 & 8 and grants the authority to the Chairman to certify that the conditions have been met and review, sign and date the plat without further resolution at such time.
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 August 9th 2021, by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion made by Sam Zurofsky
Second by Ann Marie Moloney
All in Favor. Motion Carried.
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PB 2020-07 SBD Public Hearing/Continued Application
Susan Cusack (Owner & Applicant)
Minor Subdivision
The applicant proposes a seven lot (7) subdivision of the parcel. Parcels current use is the Villa Veritas Rehabilitation Center, woodlands and farmlands. Parcel is located on Upper Cherrytown Road, Kerhonkson, NY S/B/L 68.1-1-27 +/- 108 acres and is in the AR-3 Zoning District. Parcel and proposed subdivision parcels contain lands within a FEMA 100 year flood plain, contain a named stream (Mombaccus Creek) and an unnamed tributary stream, hydric soils, prime farmland and farmland of statewide importance, are in the Ulster County AG-3 agricultural district, contain Ulster County Habitat Core lands and are within the UC DOH Aquifer Zone. Proposed new subdivision lots are all to have separate driveway access onto Upper Cherrytown Road and are proposed to be 5 and 3 acres in size.
SEQRA: Unlisted/Uncoordinated Negative Declaration July 12th, 2021
Barry Medenbach and Heather Gabriel of Medenbach & Eggers present on behalf of the applicant.
Also present, Liz Axelson from CPL, the Town’s consulting engineering firm.
Chair Lindstrom related there was concern about this subdivision being a land disturbance over 5 acres. The lot in question comes in at approximately 3.6 acres, so it was stated when the time comes, the issue can be overruled due to it not meeting the size restriction. Each of the lots has to stay under the size considered a lot disturbance (under 5 acres). Each lot will be constrained but will be given a certain percentage overage leeway.
Mr. Jones inquired about how the conservation areas would be identified. M&E stated there will be posts/markers showing where the conservation areas begin at each angle. Ms. Axelson further specified it shall be marked with an iron rod with signage indicating the bounds of the conservation area. The markers are to be placed at all angle points and lot line intersections.
Ms. Christiana stated Ms. Gabriel asked how to label the maps, since the application includes lot line improvement and subdivision. Ms. Christiana stated both should be identified on the one map.
Mr. Jones inquired about the last letter from Collier’s office about the requirements regarding the conservation easement. Ms. Christiana stated the letter was reviewed and changes were approved.
Clarification was provided regarding the lot line note required on the map. It was determined two notes should be provided on the map, one for the lot line and one for the subdivision.
Chair Lindstrom brought up comments by Rob Leibowitz of the Ulster County Planning Board, their recommendations listed as follows:
Health Department — Required Modification
Final approval of the proposed septic systems and their 100% reserve areas by the Ulster County Department of Health wilt need to be required as a condition of approval.
Stormwater
Greater than an acre of disturbance has been indicated on the Fult EAF, yet a SWPPP and erosion and sediment control plan were not submitted for review as part of the full statement requirements. Only a “typical” erosion and sediment control plan was submitted for the Board’s review. The UCPB does note that each single-family home has been designed with a driveway with a maximum slope of 10% and has had a turnaround included as part of its design for emergency response vehicles.
Required Modification
A full statement should include all the reports and data requested for a board to make its SEQRA determination. The SWPP and Erosion control plan should, at a minimum, be reviewed by the local planning board and the Town engineer, as well as be submitted to the County Planning Board for review.
Chair Lindstrom also brought up the letter written by Madeline Russo from the ECC that was read at the July 12th, 2021 Planning Board meeting (letter can be found within the 7/12/21 minutes).
Discussion occurred among Board members about the amount of environmental/community impact this subdivision will create. Chair mentioned the option of removing the one lot closest to the conservation easement, due to the driveway location.
Mr. Medenbach stated the driveway was already moved at the request of the Board.
Ms. Cusack, Applicant, spoke regarding changing the plans. She stated the Board appeared to be ok with the plans, up until now. She expressed they should not have to change the plans at this point and pleaded with the Board to keep the plans as they are currently.
Chair Lindstrom stated the Board has present other options regarding the plans, which Mr. Medenbach declined to follow. The Chair made mention of the application being withdrawn at one point and resubmitted.
Mr. Medenbach stated that all the lots met all regulations (town, state, county, consultants, etc.) and due to this, should be approved. He stated the Board can not just suddenly decide the project needs less lots if these requirements are met.
Mr. Zurofsky stated he agreed with the Chair to some extent, saying the regulations say they don’t want a large amount of development, but also state if the requirements are met, you can develop the land. Mr. Zurofsky stated the project seems in character with the rest of the area and is comfortable with the plan at this point.
Mr. Jones stated he has not liked the number of lots from the outset, primarily because of the nearness to the Mombaccus and slope of the land. He stated he was happy to see lots 2 & 3 had a shared driveway. Mr. Jones expressed the concern of the property owner intentionally or unintentionally ignoring the conservation easement restrictions, citing some people don’t read their deeds. He stated it is terrible to see this intensity of development along the
Mombaccus Creek.
Ms. Moloney agreed with Mr. Jones about the number of lots and specifically conveyed negativity toward Lot 1. Ms. Moloney agreed with Mr. Zurofsky, however, that they have met all criteria, and everyone has spent all this time and effort to make sure criteria is met, it makes the situation difficult. Ms. Moloney expressed she likes open area and less houses and as a homeowner would like to see a much bigger lot instead of many smaller ones.
Mr. Jones cited a requirement which is in section 125 and 140 speaking to the Planning Board’s flexibility to say a project won’t work because it creates great and critical environmental concern.
Chair Lindstrom stated it would not be an exorbitant amount of work to take out Lot 1 from the plans.
Mr. Grasso stated as a real estate developer, he thinks the Cusack subdivision is a great plan, but agreed with the Chair that Lot 1 is not good, in his opinion. He reiterated Lots 1, 2, & 3 should be combined and made into 2 lots instead of 3, growing the size of both lots. He disagreed with the Chair, stating Lot 6 is good, and would be a good lot for building.
Mr. Williams agreed with most of what has been said already by the other Board members, but stated it is a pretty miserable looking layout. He stated he understands keeping in constraints of the Town and as long as constraints are being met, it would be acceptable.
Ms. Christiana noted this subdivision is in 3-acre zoning. She questioned how much of Lot 1 is outside of the conservation area. It was noted by Ms. Gabriel that Lot 1 has 1 acre of buildable land, with 3.4 of it being in the conservation area.
Ms. Axelson then read the buildable acreage for each lot in the proposed subdivision, which the Board then discussed.
Chair Lindstrom pointed out most of the comments received have been attesting to the applicant’s character, rather than to pertinent information about the land.
Ms. Cusack stated she thought the Board was closer to the approval and her neighbors have not objected to the project. Chair Lindstrom stated the plans have been discussed many times at the previous meetings.
Mr. Medenbach stated the plans meet all regulations and the Board has an obligation to approve this application.
Chair Lindstrom asked for comment during the Public Hearing:
Ms. Barbara Wade, from Kerhonkson, stated she has been living in the area for 50 years and it is nice to see the change and influx in development of houses/families.
Ms. Axelson commented on the project: main concerns were about the amount of driveways coming out onto the road. Hard questions about access, grading, entry, and sight lines were asked. Shared driveway is encouraging, and hydrogeological concerns have not been addressed. She brought up low-water usage fixtures to be used (which is for the building department to determine). Code review was based on lots, driveways, and how to better design it. She spoke to the character of the community – there is a certain amount of discretion involved. Detail has been put into the plans to help limit the amount of disturbance.
Ms. Christiana brought up the neighbors of this project have not come to the Board stating there are water problems or that they are not in favor of a development like this.
Mr. Williams asked how much weight the letter from ECC can have on the decision.
Ms. Christiana responded it was up to the Board to determine how much weight it carries. She emphasized the decision cannot be made on what we think people might do or something that hasn’t happened.
Chair Lindstrom made a motion to close the Public Hearing. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.
Chair Lindstrom stated she will write up a draft decision to present and vote on at the September meeting.
PB 2021-09 SBD Pre-Application
Robert L Smith (Owner & Applicant)
Minor/Conservation Subdivision
Applicant proposes the subdivision of parcel S/B/L 77.3-2-18.111 (+/- 42 acres) into three lots. Lot A of +/- 8.5 acres to retain existing single-family dwelling and studio with well and septic with conservation easement placed for no further subdivision, Lot B of +/- 21 acres to have a conservation easement placed on +/- 18 acres of the 21 acres. Lot C of +/- 12.5 acres is to have a conservation easement placed on the entire lot and is proposed to be used as access to Minnewaska State Park. All lots are proposed to be deed restricted and placed into conservation easement with the Rondout Esopus Land Trust. Parcel is located at 169 Lawrence Hill Road, Accord, NY and is in the AR-3 zoning district. Parcel contains a small section of farmland of statewide importance, Ulster County Habitat Core Lands of high importance,
SEQRA: TBD
***Applicant not present, application tabled.***
ADJOURNMENT
Chair Lindstrom made a motion to adjourn the meeting at 9:03pm. Marc Grasso seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent.
Respectfully submitted,
Nicole Knapp, Secretary
Accepted and Adopted: August 9, 2021