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

MEETING MINUTES OF December 4th,2023, WORKSHOP MEETING OF Town of Rochester PLANNING BOARD held at 6:30PM at the Harold Lipton Community Center and streamed live via YouTube.

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

Secretary Wilhelm did roll call attendance.

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

ALSO PRESENT: Secretary Jazmyne Wilhelm, Attorney Dave Gordon, Planner David Church, CPL Greg Bolner, CPL Meagen Stone

APPLICATION REVIEW:

Application # PB 2021-516 Applicant/Owner: DeJager Realty LLC Type: Major SBD Representative: Nadine Carney / Peak Engineering Zoning: AR-3 Property Location: Lucas Ave / Peninsula Lane SBL: 77.1-2-33.510 SEQRA: Type I (Oct 22) PB lead Agency (Dec 22)
Status: Continued Application DESCRIPTION: The applicant proposes a 10 – lot conservation
subdivision. The new submission packet includes an updated wetland study, revised maps, SWPPP, revised lot sizes and road structure.

Chair Grasso explained who is in attendance and why their presence was requested. Chair Grasso expressed the following concerns, UCDOH well water supply approval, SWPP needs to be accepted by the engineer, a bond for inspection of roadways, signage, and utilities, HOA acceptance, acceptance by DEC, nationwide permit from army core of engineers, UCDPW construction permit for roads, final maps updated, HOA restrictions for signage, soil disturbance, and tree clearings.

Member Jones expressed the following concerns, HOA files need to be updated to reflect the new change of lots from 14 to 10, the board needs the HOA document that will show all regulations and restrictions that will be given to potential future homeowners, RMA- 20ft road width requested by fire department as well as a 50ft wide access point, HOA should be responsible for the SWPP as well as annual reporting to the building department, no homeowner may change run off from property that would effect ground water.

Ms. Carney explained that the SWPP can be amended to reflect possible changes in the future.

Chair Grasso said that the infrastructure buildout should be completed in one phase. Member Jones asked if everyone would contribute to the road maintenance agreements. Ms. Carney said that once the property is subdivided that all of the lots will contribute to the existing road maintenance agreements as well as the proposed new road maintenance agreement. Chair Grasso asked for Mr. Church and Mr. Gordon review the current RMA’s as well as the proposed RMA to ensure Rio Vista is paying for the maintenance of peninsula and that Peninsula will not be paying for Rio Vista. Will the driveways be paved? Ms. Carney explained that the driveways will be able to be approved at homeowners’ approval through the town. Mr. Jones asked if the roads will be salted, and that CPL review best practices for maintenance of the roads during the winter months. Ms. Duda explained that the county already has a best mix of salt and sand that they use and recommend for use.

Mr. Jones expressed a concern for section 3D that trees of a 15in diameter can not be cut without a permit. Ms. Carney said that John Post submitted a tree survey which resulted in a new layout of lot 3. Mr. Jones expressed the following concerns for the conservation area, no setting of traps, no use of off road vehicles, no construction vehicles unless for maintenance, add that all appropriate permits will be acquired prior to putting anything near the Rondout Creek for kayak/canoe use by property owners for common space, they should request approval for anything that is going to be put in the conservation easement, any permitted item will come back to the board for approval, does not agree with the HOA holding the conservation easement, the town board should review and approve the conservation easement the RMA and the HOA documents.

The town board can be a co-grantee to the conservation easement. Dave Gordon explained that the town board does not want to hold the conservation easement, we can make these conditions of approval since the town board does not want to hold the easement. Mr. Pinsky asked if the conservancy will take the conservation easement. Ms. Carney explained that the HOA will hold the conservation easement. Mr. Pinsky asked why it is listed as a conservation area on the map. Ms. Carney explained that is because it is a separate lot and does not overlap with any of the other lots.

Mr. Jones would like the following conditions of approval added, no construction vehicle shall use the private roads that already exist, all utilities will be provided by way of ingress from Lucas Avenue, no homeowner will fill a poll of 2,000 gallons using home water supply, all construction of homes and infrastructure will be submitted to the building department/ CPL for review and approval, monthly review of all infrastructure.

The board agreed that the request for constant review by CPL would require a bond through the town with the applicant. Chair Grasso explained that the problem with a bond is that most of the time they do not get paid. Ms. Carney will provide a breakdown of all prices for CPL to review, and it will be sent to the town board for approval. Mr. Jones said that site plan maps should not be signed until all requests are fulfilled.
Mr. Gordon explained that bonds can expire in 3 years and would have to be reinstated, they would have to check with the town board to see if that applies here.

The HOA will maintain the SWPP by necessary easements. Our attorney requests the HOA documents/ bylaws.
Mr. Jones asked how we make sure this is maintained in the long term. Mr. Church explained that we can make it a requirement that the applicant hire a professional for annual certification for the roads as well as review that the SWPP is being maintained. Ms. Carney said that the board can add a condition that the town has the right to drive up and down the road to inspect that the road is being maintained.
Chair Grasso has no more questions or concerns at this time.

OTHER MATTERS:
• Draft Review of Local Law C – Zoning
Appendix B- redlines of changes. Appendix C- Shows where you can put things and what you can do in those areas. Ms. Graham asked how do we interpret the blank boxes? She expressed that it should have an x in that space if it can not be done in that area. Chair Grasso explained that the blank boxes represent that that item cannot be done in that area. Mr. Jones asked why commercial events have been taken out of SUP for AR-3. Ms. Graham believes that Saunderskill farm should be turned to Hamlet which will need a SUP for their tractor pull event. Ms. Duda asked why commercial stables have been eliminated. Chair Grasso requested that Ms. Duda send him the current code that allows commercial stables.

Chair Grasso wants to provide a detailed list of what lots need their zoning to be looked at and provided examples of ones he has already found that he does not agree with the zoning of. Mr. Jones disagrees with making a list and believes the board should only address the hamlet district. Ms. Graham believes the town is taking away people’s potential use for their properties by changing their zoning, she believes that the properties that are currently listed as commercial that the town wants to change to residential should not be changed because it does not affect the town to keep it as commercial. Chair Grasso believes that the large plots of land on Granit Rd should not be hamlet they should be PL10 or R5. Mr. Jones and Chair Grasso agree that they should be R5. Mr. Gordon and Mr. Church agree that if the town changes the zoning too much that the county will step in and put a stop to it. Mr. Church said that the definitions need to be addressed and remove the Ag and farm district verbiage, the camp definitions and standards technical definitions could become problematic. Mr. Jones pointed out the street and road definitions need to be clearer. Ms. Graham said that PL10 is taking away people’s land use rights and that some parcels that are less than 10 acres are being thrown into it. Chair Grasso said that the ability to opt in or out of PL10 could create spot zones, the town should get rid of Pl10 and make the max R5 and give the option to preserve land without an acreage size regulation.

• 2024 Calendar
Chair Grasso went over the layout of the calendar. We need to fix the year for January at the top and bottom of the calendar to 2024 and 2025.

• Training on SEQRA and National Wetlands
The board discussed setting up a training course in January to review the new SEQRA laws as well as the new National wetlands.

ACTION ON MINUTES:
• October 11th Meeting Minutes Approval
Mr. Jarvis made a motion to approve the 10/11/2023 minutes. Ms. Graham 2nd the motion. All in favor, 6 yes, 0 no, 0 abstain.
• November 13th Meeting Minutes Approval
Mr. Jarvis made a motion to approve the 11/13/23 meeting minutes. Ms. Graham 2nd the motion. All in favor, 5 yes, 0 no, Mr. Pinsky abstained.

ADJOURNMENT:

• Mr. Jarvis made a motion to adjourn at 8:54pm. Ms. Graham 2nd the motion. All in favor 6 yes, 0 no, 0 abstain.

Respectfully submitted,
Jazmyne Wilhelm,
Secretary