PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF December 13th, 2021 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 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
Sam Zurofsky, Vice Chairperson
Patrick Williams
Maren Lindstrom
Marc Grasso
Zorian Pinsky
Zachary Jarvis- Alternate (9:33PM)
ALSO PRESENT:
Mary Lou Christiana-Town Attorney
Nicole Knapp-Secretary
Erin Enouen – Councilwomen (to facilitate livestream)
Elizabeth Axelson, Planning Consultant, CPL
ANNOUNCEMENTS and COMMUNICATIONS
December 27th Workshop Meeting Decision:
Mr. Grasso made a motion to cancel the December workshop meeting. Ms. Lindstrom seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions
Mr. Williams made a motion to cancel the workshop meetings for May and December. They land either on or after a holiday. The Board agreed to not reschedule them since doing so would cause them to be too close to the previous/next regular meeting. Ms. Lindstrom seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions
TRAININGS:
All members have met their training requirements for the 2021 year.
ACTION ON MINUTES:
Mr. Pinsky made a motion to accept the Planning Board Regular Meeting minutes from 10/14/21. Ms. Moloney seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions
Mr. Williams made a motion to accept the Planning Board Workshop minutes from 10/25/21. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions
APPLICATION REVIEW:
2021-15 LLI New Application
Nicholas Shangloo/Aneta Markowska
David Hahne was present on behalf of the application.
Chair Jones stated a proper map completed by a licensed surveyor is needed with all required information as outlined in the application packet on it. An updated application with Mr. Shangloo’s signature is also needed. Chair Jones offered to speak with Mr. Hahne to go over the items that are needed and provided him with the checklist that is included with each application.
Once the proper map is submitted, the Board will be able to review and certify the application if in order. No action was taken on the application except for a request to resubmit with required data.
Mr. Hahne agreed to get the necessary materials to the Planning Board secretary and to meet with the Chair.
2021-16 LLI New Application
Karen Hof
Benjamin Russ was present on behalf of the application.
Chair Jones stated there was information that needed to be added to the map and it should be completed by a licensed surveyor with all required information as outlined in the application packet on it. Chair Jones offered to speak with Mr. Russ to go over the missing items and provided him with the checklist that is included with each application.
One the proper map is submitted, the Board will be able to review and certify the application if in order. No action was taken on the application except for a request to resubmit with required data.
Mr. Russ agreed to make the necessary corrections to the map and get them to the Planning Board secretary.
2021-17 LLI New Application
Robert Griffitts (and others)
Heather Gabriel of Medenbach & Eggers was present on behalf of the application.
Planning Board discussion occurred with a question as to why the application was typed a Lot Line Improvement and not a Major Subdivision.
Ms, Christiana asked if the applicant was ok going through the Major Subdivision process. The application would then need a public hearing and a new determination from the Code Enforcement Office.
Ms. Lindstrom cited the part of the code stating the requirements for a Lot Line, stating this application doesn’t quite meet the requirements.
Chair Jones stated a new zoning determination is needed, and assuming this was done, the applicant could move this along by requesting waivers of certain items in the major subdivision requirements that did not really apply here.
Chair Jones made a motion to set the Public Hearing contingent on receipt of a new determination from CEO and letter with requested waivers from the applicant/agent. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions
PB 2021-19SBD Continued Application/Public Hearing
Einar Normann
Einar and Marta Normann present on belief of the application.
Ms. Lindstrom made a motion to set the application as an unlisted, uncoordinated action for SEQRA. Mr. Grasso seconded the motion.
Roll Call:
Chair Lindstrom- Yes
Mr. Zurofsky- Yes
Mr. Williams- Yes
Mr. Jones- Yes
Mr. Pinsky- Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions
The Board completed a SEQRA EAF Part 2 review.
Chair Jones made a motion declaring no negative environmental impact. Ms. Lindstrom seconded the motion.
Roll Call:
Chair Lindstrom- Yes
Mr. Zurofsky- Yes
Mr. Williams- Yes
Mr. Jones- Yes
Mr. Pinsky- Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions
Chair Jones opened the Public Hearing.
Mr. Thomas Henebery spoke regarding concern over subsequent subdivisions. He stated the water situation is “tenuous when dry” on the property and that his well is “495 feet”.
Ms. Lindstrom assured Mr. Henebery that any further subdivision would be considered a major subdivision and would therefore be under much more scrutiny.
Chair Jones reiterated that we could only consider what was before us which was a 2-lot subdivision and not anything larger than this, that might have some impact on the neighboring water.
Mr. Pinsky made a motion to close the Public Hearing. Mr. Grasso seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions
The application will be placed on the agenda for the next meeting, where a decision will be put forward and voted on.
PB 2021-06 SBD Continued Application
Frank Kortright
Heather Gabriel of Medenbach & Eggers and Frank Kortright present on behalf of the application.
The Board members discussed with Ms. Christiana if it was necessary to read all of the findings of each decision, since the full decision is available to the public on the website prior to the meeting. The Board was advised they could move to accept the findings as presented, but will do this on a case-by-case basis, as some applications will require the findings to be read at the meeting.
Mr. Zurofsky made a motion to accept the findings as presented. Mr. Grasso seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions
Chair Jones read the conditions of approval.
Chair Jones made a motion to accept the conditions of approval. Mr. Pinsky seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions
Full Planning Board decision as follows:
Decision: PB 2021-06 SBD
Minor Subdivision Conditional Final Approval
Applicant: Frank Kortright
Reason for Request: The applicant proposes the division of S/B/L 68.3-2-14 (+/- 73 acres) into two parcels, one of 8 acres for a single family dwelling (which will require a Special Use Permit/Site Plan Review upon application for a building permit) and the remaining parcel of 65 acres to remain in mining. The parcel is located at 103 Rochester Center Road, Kerhonkson, NY and is in the NR Natural Resources zoning district. Current use is a sand and shale mine and vacant woodlands. The proposed new parcel will be on reclaimed mine land, has an existing well and will need septic.
Location: 103 Rochester Center Road, Kerhonkson, NY
Total Acreage: ± 73 acres
S/B/L: 68.3-2-14 Zoning District: NR (Natural Resources)
Code Enforcement Determination: Minor Subdivision
Zoning Permit: 041 of 2021
Planning Board Application: 2021-06 SBD
PB Application filed: 3/16/2021 EAF filed: 3/16/2021
SEQR Type: Unlisted, Uncoordinated –11/8/2021
SEQR Determination: Negative Declaration – 11/8/2021
Other Agency Referrals: N/A
Documents considered by the Planning Board for review
1. Zoning Permit 041 of 2021 determination of Minor Subdivision received 3/16/2021 & dated 2/4/2021
2. Code Enforcement determination letter received 3/15/2021
3. Letter from Accord Fire District, received 7/1/2021
4. Letter from TOR Highway Department, received 7/1/2021
5. Email correspondence between TOR Planning Board Secretary & Heather Gabriel of Medenbach & Eggers Civil Engineering 7/7/2021
6. Email correspondence between TOR Code Enforcement Department and the NYS DEC Dept. of Mining, dated 3/5/2021
7. Letter of Agent from Frank Kortright for Medenbach and Eggers dated 2/4/2021
8. Planning Board Subdivision application 2021-06 SBD received 3/16/2021
9. Short Form EAF Part 1 dated 2/4/2021 and received 3/16/2021
10. Preliminary Sketch Plan dated 2/4/2021, revised 2/11/2021 and received 9/21/2021; Final Plan dated 10/18/2021.
Notice of Public Hearing:
1. Published in the October 28th, 2021 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: 11/08/2021
Place: Harold Lipton Community Center, 15 Tobacco Rd Accord, NY 12404
Public Comment: (see Minutes of Town of Rochester Planning Board, 11/08/2021)
* * * *
Findings of the Planning Board
1. The Planning Board received a zoning referral and determination letter for a minor subdivision from the Code Enforcement Officer.
2. The applicant proposes the division of S/B/L 68.3-2-14 (+/- 73 acres) into two parcels, one of 8 acres for a single family dwelling (which will require a Special Use Permit/Site Plan Review upon application for a building permit) on reclaimed mining lands and the remaining parcel of 65 acres to remain in active mining.
3. The applicant met with the Planning Board and presented the subdivision map for review. The Board discussed and reviewed the proposed subdivision and requested additional map details: sightlines for driveway and the location of existing structures, driveways, well and septic. Upon establishment of sightlines by the applicant’s engineer, the original driveway was moved slightly to provide the visibility required by code along the Town Highway Rochester Center Road. It was further established that minor vegetation clearing would be necessary to ensure adequate visibility.
4. The NYS DEC was contacted to confirm if mining permit modifications would be needed for the land use change. The DEC responded in an email dated 3/5/2021 and received by the Planning Board 4/9/2021, that a modification of the permit is not necessary as the proposed subdivision is on reclaimed mining lands.
5. The parcel is in the NR Natural Resources zoning district.
6. The existing plat is filed with the Ulster County Clerk.
7. The current use of the parcel is mining and flat to rolling open lands and transitional woodlands. Proposed lot one has an existing well and will need septic. Parcel is flat to rolling cleared and actively mined lands. Rochester NR Natural Resources Zoning Districts are defined as “intended to recognize existing areas of mining activity, allow for expansion of such uses, and to protect these uses from intrusions of incompatible uses”. Single family dwellings are permitted in the NR Zoning District as a special use in the Schedule of District Regulations. A Special Use Permit/Site Plan and Public Hearing shall be required before a building permit can be issued.
8. The application was determined to meet the requirements of an Unlisted SEQRA action.
• A Negative Declaration was determined upon review.
9. A Public Hearing was held.
10. The Board reviewed if the proposed lot has safe and legal access.
• The Board concludes that proposed lots will have adequate >/= 50 foot frontage on the Town Highway and that the new proposed driveway location has adequate sight lines.
11. The parcel is in the NR zoning district. Upon review, the Board concludes that the 2 proposed parcels meet or exceed the bulk standards requirements for the NR zoning district. In the case that a single family dwelling is to be built, it will require a Special Use Permit/Site Plan Review upon application for a building permit, due to being in the NR Zoning District.
1. The Board reviewed if the proposed lots could support water and septic. Lot 1 has an existing well. The Planning Board will need engineer certification or UCDOH approval that the new lot 1 can support septic. This shall be a condition of approval. Lot 2 is to remain in active mining and will not require well or septic.
Draft findings were prepared by the Chairman.
Adopted December 13th, 2021 by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion to adopt findings by Sam Zurofsky
Second by Marc Grasso
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision- Conditional Final Approval permitting the subdivision of lands situated at: 103 Rochester Center Road, Kerhonkson, NY.
The subdivision plan dated October 18, 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 Final Plat for signature. The Final Plat shall show updated plan revision date(s).
3. The following plat notes shall be included on the recorded Final Plat Map:
“Any further subdivision shall be treated as a major subdivision under TOR subdivision law §125-12”.
“A Special Use Permit/Site Plan shall be required before issuance of any building permit(s)”
4. Certification shall be provided indicating lot 1 is capable of supporting onsite septic in the form of preliminary or final approval by the Ulster County Health Department or a signed letter by a NYS licensed engineer prior to the Chair’s signature on the Final Plat.
5. All required Local, County, State or Federal permits shall be secured for the current and future use of these lands, specifically local driveway permits.
This Conditional Final Approval shall expire 180 days from this approval date unless the Final Plat is presented and signed by the Chair. 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 subdivision of lands located on 103 Rochester Center Road, Kerhonkson, NY upon satisfactory completion of the conditions of approval 1 – 3 and grants the authority to the Chair 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 Chair’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 December 13th, 2021, by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion made by Rick Jones
Second by Zorian Pinsky
PB 2021-15SBD Continued Application
Reginald Solcberg/David Demorest
David Demorest was present on behalf of the application.
Mr. Grasso made a motion to accept the findings as presented. Ms. Lindstrom seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions
Chair Jones read the conditions of approval.
Mr. Zurofsky made a motion to accept the conditions of approval. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions
Full Planning Board decision as follows:
Decision: PB 2021-15 SBD
Minor Subdivision Conditional Final Approval
Applicant: David Demorest
Owner: Reginald Solcberg
Reason for Request: Owner & Applicant propose the division of parcel S/B/L 68.2-1-74.200 (+/9.938 acres) into two separate lots, lot 1 of +/- 5.6 acres and lot 2 of +/- 4.33 acres. Parcel is located at 232 Dug Road, Accord, NY and is in the R-2 low density residential district. Parcel is flat to steeply sloping. The subdivision proposes a shared driveway with a 50’ ROW through lot 1 to lot 2. Proposed Lot 1 has existing single family residence, well, and septic. Parcel is wooded and is in the Top 5% DEC Forest Condition, contains core forest to the rear of the parcel and is within 250 feet of the Pacama Vly biologically important area.
Location: 232 Dug Road, Accord, NY
Total Acreage: ± 9.938 acres
S/B/L: S/B/L 68.2-1-74.200 Zoning District: R-2 (Low Density Residential)
Code Enforcement Determination: Minor Subdivision
Zoning Permit: 487 of 2021
Planning Board Application: 2021-15 SBD
PB Application filed: 8/30/2021 EAF filed: 8/30/2021
SEQR Type: Unlisted, Uncoordinated –11/8/2021
SEQR Determination: Negative Declaration – 11/8/2021
Other Agency Referrals: N/A
Documents considered by the Planning Board for review
1. Zoning Permit 487 of 2021 determination of Minor Subdivision received 8/30/2021 & dated 3/15/2021
2. Code Enforcement determination letter received 8/30/2021
3. Planning Board Subdivision application 2021-15 SBD received 8/30/2021
4. Short Form EAF Part 1 received 12/06/2021
5. Preliminary Site Plan dated March 14th, 2021, Revised 9/27/2021, Revised 10/25/2021
Notice of Public Hearing:
1. Published in the October 28rd, 2021 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: 11/8/2021
Place: Harold Lipton Community Center, 15 Tobacco Rd Accord, NY 12404
Public Comment: (see Minutes of Town of Rochester Planning Board, 11/8/2021)
* * * *
Findings of the Planning Board
1. The Planning Board received a zoning referral and determination letter for a minor subdivision from the Code Enforcement Officer.
2. The applicant proposes the division of parcel S/B/L 68.2-1-74.200 (+/- 9.93 acres) into lot one of +/- 5.6 acres and lot two of +/- 4.33 acres.
3. The applicant met with the Planning Board and presented the subdivision map for review. The Board discussed and reviewed the proposed subdivision and requested additional map details and some map corrections: SBL/owner names/tax parcel numbers for contiguous neighbors (including across the street), topography, delineation of proposed driveway and ROW, location of proposed lot 2 structure(s), well, and septic, DEC Forest layer overlay, naming of Dug Road, and location map.
4. The parcel is in the R-2 zoning district. Rochester R-2 zoned districts are Low Density Residential Districts, this district is intended to recognize and preserve the integrity of predominantly low density rural residential areas of the Town and to protect them from incompatible uses.
5. The existing plat is filed with the Ulster County Clerk.
6. The current use of the parcel is residential and vacant land. Proposed lot one has existing single family dwelling, garage/second structure, and existing well and septic. Proposed lot two will need approved well and septic. Parcel is densely wooded and highly sloped at the front along Dug Road with flat to rolling lands toward the rear of the parcel. Parcel is within 250 feet of the Pacama Vly biologically important area. The lands to be subdivided contain Ulster County Habitat Core Lands/NYS DEC Hudson Valley Core Forest Lands of the top 5% quality. As defined by the DEC [these are]: “interior
forest areas surrounded by at least a 100 meter wide buffer of edge forest…avoiding further fragmentation of core forests will help conserve the integrity and value of ecologically significant forest patches” [sic]. Upon review it was determined by the Board that the Core Habitat/Core Forest Lands do not appear to be at risk of large disturbance as any new dwelling is proposed to be situated toward the front of the proposed lot two. The suggestion to limit disturbance in these lands shall be included in the conditions of approval.
7. The application was determined to meet the requirements of an Unlisted SEQRA action.
• A Negative Declaration was determined upon review.
8. A Public Hearing was held.
9. The Board reviewed if the proposed lot has safe and legal access.
• The Board concludes that proposed lots will have adequate >/= 50 foot frontage on the Town Highway
• Proposed access for the new lot two is via a shared driveway.
10. 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.
11. 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.
12. 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. This shall be a condition of approval.
Draft findings were prepared by the Chairman.
Adopted December 13th, 2021 by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion to adopt findings by Marc Grasso
Second by Maren Lindstrom
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision- Conditional Final Approval permitting the subdivision of lands situated at: 232 Dug Rd., Accord, NY.
The subdivision plan dated March 14th, 2021 and revised October 15, 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 Final Plat for signature. The Final Plat shall show updated plan revision date(s) and DEC Environmental Mapper Forest Overlay(s).
3. 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. Any costs or fees associated with such review shall be the responsibility of the applicant. Evidence of satisfactory shared agreements for ownership and maintenance of the shared driveway shall be provided in the form of deed covenants, plat details and a road maintenance agreement prior to a certificate of occupancy being issued for any dwellings on Lot 2.
4. The following plat notes shall be included on the recorded Final Plat Map:
a. (1) “any further subdivision shall be treated as a major subdivision under
TOR subdivision law §125.”
b. (2) “subdivision shall adhere to TOR subdivision law §125-21 and 125-22
General Site Requirements and Subdivision Design, specifically §125-22 (1) (minimizing surface and groundwater disturbance), (7) (minimizing disturbance on slope greater than 15%), & (8) (minimizing natural resource disturbance)”.
c. (3) 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”.
d. (4) “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”.
5. The applicant is encouraged to replace any lost trees with native habitat and discouraged from disturbing the Ulster County Habitat Core Lands/NYS DEC Hudson Valley Core Forest Lands existing in the rear of the proposed lots.
6. Certification shall be provided indicating lot 2 is capable of supporting onsite water and septic in the form of preliminary or final approval by the Ulster County Health Department or a signed letter by a NYS licensed engineer prior to the Chair’s signature on the Final Plat.
7. All required Local, County, State or Federal permits shall be secured for the current and future use of these lands, specifically local driveway permits.
This Conditional Final Approval shall expire 180 days from this approval date unless the Final Plat is presented and signed by the Chair. 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 subdivision of lands upon satisfactory completion of the conditions of approval 1 – 4 & 6 and grants the authority to the Chair 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 Chair’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 December 13th, 2021, by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion made by Sam Zurofsky
Second by Patrick Williams
PB 2021-21 SBD New Application
John DeForest
Heather Gabriel of Medenbach & Eggers present on behalf of the applicant.
Ms. Gabriel stated this is an existing lot with structures present on it.
Ms. Lindstrom raised concerns about there only being one single well and septic for multiple dwellings as represented on the map.
Ms. Gabriel stated that was true based on the map that was submitted, but she was told by the applicant there is another well/septic on both properties. They are working on getting the exact location.
Ms. Lindstrom raised a concern that the existing mobile home does not meet the setback requirement and approving it as such could potentially create non-compliance. Ms. Christiana stated this structure is already existing and would have been grandfathered in. Ms. Gabriel stated there was a note on the map already to this point. In addition, the new lot line drawn to subdivide the property does not create any new/additional non-compliance issues.
Ms. Christiana noted if there was to be a shared well/septic on the property, the applicant would have to secure an agreement between both parcels that includes access verbiage as well as dealing with maintenance of the single well/septic on behalf of both properties. This would be something she would need to approve once prepared.
Ms. Gabriel stated she would submit updated maps with requested information.
PB 2021-18SBD Continued Application
Krom-Stone LLC
Heather Gabriel from Medenbach & Eggers and Kevin Meehan present on behalf of the application. This is the first step in a multi-step process. The first step is to create a natural subdivision; subsequent step will involve a lot line improvement and will involve a lot line improvement and will require a whole separate and new application, CEO finding and presentation to the Planning Board.
Ms, Gabriel noted that the title of the map would be changed to reflect that it is the final version of the natural subdivision.
Chair Jones read the Natural Subdivision certification:
Decision: PB 2021- 18 SBD
Natural Subdivision – Certification
*Pursuant to Chapter 125 and Chapter 140 of the Code of the Town of Rochester.
Applicant: Krom Stone, LLC
Owner: Kevin Meehan d/b/a Krom Stone, LLC
Reason for Request:
Applicant proposes a natural subdivision of S/B/L 69.1-1-23.100 (+/- 32 acres) into two parcels: proposed lot 1 of +/- 7.39 acres and proposed lot 2 of +/- 25.39 acres. Parcels are separated by Upper Whitfield Road. Parcel is located in the AR-3 zoning district at 31 Upper Whitfield Road, Accord, NY
Location: 31 Upper Whitfield Road, Accord, NY
S/B/L: 69.1-1-23.100 (+/- 32 acres)
Zoning District: AR-3 (residential agricultural zoning district).
Zoning Permit filed: 9/27/2021 SEQR Type: Type II by definition
Planning Board Application #: 2021 – 18 SBD PB Application filed: 10/18/2021
* * * * *
The Planning Board has reviewed the plat and certifies the lot improvement proposed will meet Town of Rochester lot requirements for the AR-3 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 licenced 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 Jones made a motion to certify the Natural Subdivision application. Mr. Grasso seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions
PB 2021-16 SBD Continued Application/Public Hearing
Francesco Malatesta, Marco Gentilucci, & Alessio Pigazzi (Applicants & Owners)
Heather Gabriel was present on behalf of the application.
Ms. Gabriel stated she felt this application was in the final stages and they have addressed the list of items requested by the Board and Ms. Axelson. She stated a 100 foot buffer has been put on the map in relation to the wetlands. This totals to approximately 30 more acres of the property being protected. The house from Lot 1 was moved up a bit to avoid it being in the 100 foot buffer zone. The grades for the driveways have been added, as well. None of the cuts are greater than 2 feet.
Ms. Axelson stated the existing tree line/tree line to remain should be present on the map, as well as the existing stone wall to remain.
Ms. Gabriel stated she will add a note stating “the disturbance to be limited”.
The Board decided there was no further need to address items # 3, 4, and 5 in Ms. Axelson’s recent comment letter. These items involved setting up an actual Conservation Easement Area in the wooded areas to the rear of the property as well as making notes on the map and in the deeds regarding same. The applicant was unwilling to do this and the Board could not require it.
The Board discussed the Accord Fire Department turn-around requirements and Ms. Gabriel stated she will make sure the project is within compliance.
Mr. Grasso made a motion to set the application as an unlisted, uncoordinated action for SEQRA. Mr. Zurofsky seconded the motion.
Roll Call:
Chair Lindstrom- Yes
Mr. Zurofsky- Yes
Mr. Williams- Yes
Mr. Jones- Yes
Mr. Pinsky- Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions
The Board completed a SEQRA EAF Part 2 review.
Chair Jones made a motion declaring no negative environmental impact. Mr. Zurofsky seconded the motion.
Roll Call:
Chair Lindstrom- Yes
Mr. Zurofsky- Yes
Mr. Williams- Yes
Mr. Jones- Yes
Mr. Pinsky- Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions
Chair Jones opened the Public Hearing.
No comment from the public at this time.
Mr. Zurofsky made a motion to close the public hearing. Mr. Grasso seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions
The Board has 62 days to make a decision from the close of the Public Hearing and Chair Jones stated there would be a draft resolution prepared for the next meeting.
PB 2021-07SBD Continued Application
CDG Ridgeview
Christopher Coleman (Attorney for the Applicant) and Chris DiChiaro (Engineer for the Applicant) present on behalf of the applicant.
Mr. DiChiaro stated there were some labeling updates, but the layout is the same.
Ms. Axelson stated the need to discuss storm water management practices and would have an off-line conversation with the engineer.
Once the property is staked by the surveyor, the secretary and Mr. DiChiaro will coordinate site visits for the Board members. The expectation is that trees will be marked in the area of disturbance so as to see the impact on trees as per the TOR subdivision rules.
Chair Jones reminded them that wetlands needed to be marked correctly on the maps and in the field for the Planning Boards walk of the area. In addition, the Board is looking for 100ft buffer around all wetlands. The applicant’s attorney seemed so disposed.
Chair Jones also asked that conservation easements marked on the map and in the deeds be considered for areas that were in the rear of the properties as well as those covering the steep slopes and wetlands areas. Applicant’s engineer indicated that they would consider same.
Mr. Zurofsky made comments about why home sites were placed where they were. It was discussed there were slope issues that prevented the homes from being placed in certain areas.
Mr. DiChiaro asked for clarification regarding sight distances. They would be required on Ridgeview Rd. only. He also stated they have a request with NY Heritage regarding the Indiana bat.
PB 2021-17 SBD Continued Application
DeJager Realty, LLC
Nadine Carney from Peak Engineering was present on behalf of the application.
Ms. Carney Stated they have begun the threatened and endangered species study, as well as the wetlands study.
Mr. Grasso inquired as to whether lots 11 & 12 and lots 9 & 10 could have shared driveways due to the wet conditions and possibility of creating less disturbance.
Ms. Carney stated there were some steep slopes they have to avoid, but if after the road is marked out and brush-hogged, there might be a possibility to have those shared driveways.
Chair Jones made a motion to accept the conceptual plan for Peak to move forward with. Mr. Grasso seconded the motion. (This conceptual plan was the one that was worked on at the November 8th meeting where the Board asked for lots 3 & 4 to be moved away from the Rondout, and Lot 13 be moved back further so as to avoid it being a jarring presence from Lucas Turnpike. It was also the meeting where the Board asked for firm delineation of the subdivision easement areas both on the Lucas Ave side of the project as well as the Rondout side. All of these askes were done by Peak Engineering to the Board’s satisfaction.)
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions
OTHER MATTERS
Chair Jones presented the new application tracker/checklist that Mr. Grasso, Mr. Jarvis, Ms. Lindstrom, and Secretary Knapp have been working on. Some changes still need to be made.
It was decided after some comments to place all initial items on a separate page and have the rest of potentially required items on the pages to follow.
**
Reminder for Ms. Christiana’s training presentation for the January 24th workshop meeting at 6:30PM.
ADJOURNMENT
Mr. Zurofsky made a motion to adjourn the meeting at 10:23PM. Ms. Lindstrom seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions