PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NY
845-626-2434
MEETING MINUTES OF February 12th, 2024, REGULAR MEETING OF Town of Rochester PLANNING BOARD held at 6:30PM at the Harold Lipton Community Center and streamed live via YouTube.
Chair Grasso called the meeting to order at 6:30 PM and asked everyone to stand for the Pledge of Allegiance.
Secretary Wilhelm did roll call attendance.
PRESENT: ABSENT:
Chair Marc Grasso
Member Rick Jones
Member Zachary Jarvis
Member Cindy Graham
Member Ann Marie Maloney
Member Zorian Pinsky
Member Peter Nelson
Alternate Halina Duda
ALSO PRESENT: Secretary Jazmyne Wilhelm, Dave Gordon Attorney
APPLICATION REVIEW:
Application # PB 2023-657 Applicant/Owner: Twin Track Promotions/ Accord Speedway
Type: SPA Representative: Gary Palmer Zoning: R5 Property Location: 299 Whitfield Rd
SBL: 69.1-1-5 SEQRA: Undecided Status: Continued Application / PUBLIC HEARING
DESCRIPTION: The applicant proposes to add 12 Commercial Events to their already approved Site Plan.
Chair Grasso went over the application. Chair Grasso seated Alternate Duda for this application only due to Member Nelson not being familiar with this application. The board agreed to begin the public hearing.
Rebecca Horner “At the last public hearing, I said a few words in opposition to adding new events at the Speedway, citing the possibility of increased noise of all varieties, and the certainty of increased traffic, with a particular worry about having oversize vehicles moving large machinery for carnivals, or livestock for rodeos, and so on. I am concerned about the erosion of the Quality of Life in our country neighborhood, as I said, and especially about the SAFETY of the folks who drive and walk and bicycle on our local roads. I’ve been thinking about this a lot lately, and I want to approach my opposition in a slightly different way, not looking at local law, but from the angle of common sense and ETHICS. If you look at the map that I gave you, which I’m sure that you’re all very familiar with, you will see the Accord Speedway property in the middle. Whitfield Road runs up the center … and you’ll see the little white lines that are the small tributary country roads coming in from all directions: Upper Whitfield, Cliff Road, Bakertown Road, Lower Whitfield, Cooper St, Airport Road, Smith Road, Lower Bone Hollow, etc. The small CIRCLE around the Speedway property designates a 1-mile radius from the
Speedway. Inside that 3 square miles are approximately 80 parcels of land. The larger circle designates a 2-mile radius from Speedway, which encompasses approximately 350 properties. These are the people who are directly affected by the activities at the Speedway site. I wrote a letter to the editor of the BlueStone Press issue; to paraphrase my parting comment in that letter: It is neither fair nor reasonable that the wishes of a single business owner be permitted to override the needs of hundreds of neighboring property owners.”
Larry Goodwin “I am opposed. I understand the need for the entertainment but don’t agree with the location.”
Melina Hammer “I oppose the expansion of the speedway. Before an approval can be done, we need to study the many impacts on the area, we need a full SEQRA review. Mr. Palmer stated the speedway can hold 2000 cars, this would create bumper to bumper traffic on Cooper Street, Whitfield rd, all the way to 209. When will the noise be measured for these events?”
Alex Burg “I oppose this application due to the impacts this will have on our town. Please look at the following, traffic, quality of life, pollution, safety, and noise. When commercial events are approved there are conditions that can be added to help to mitigate the approval. The town does not have the enforcement to make sure these conditions are followed.”
Karen Osterhoudt “My mother and father in-law opened the speedway in 1962-1987. They were open Friday, Saturday, Sunday afternoons, and occasionally Wednesday nights. They also did the 4th of July fireworks and carnivals. All of the noise studies were done. All of the surrounding businesses thrived during that time.”
Nick Lapp “I have lived in the 1-mile radius surrounding the track for 61 years. I support the track.”
Tim Lapp “I can hear Arrowood every weekend as well as Stone house. I hear them all every weekend. There is no difference between what they do and what Gary wants to do.”
Katie Naplatarski “I believe these events should take place as well as make everyone happy. All reasonable steps should be taken to ensure the safety and wellbeing of our community.”
Jay Smally “I’ve raced at the speedway. Gary is a genuine man who helps the community.”
Alana Blum “I found it remarkable that the board opted to not do a noise study prior to hearing public concerns. Even your attorney stated that that was a mistake at your January workshop meeting. Just because the noise generated by these events will not be louder than the races does not mean it will not be disruptive to the neighboring properties. This application is for the use of the land not based on the current owner’s character or generosity.”
Steve Cooper “I support the speedway. They have abundant parking as well as safe seating and indoor seating for the elderly and handicapped. Gary cleans the facility after every event.”
Dave Roberts “I am not opposed to additional events. I am concerned about the noise of the proposed events. I am concerned about the boards opinion that the CEO decision was made in error and should be addressed with the town board. The application shows that the noise should be examined.”
Colleen Whitfield “We are in support of the speedway and Gary. The traffic is not just from the racetrack. Our neighbor cleans up the trash diligently year-round. I don’t want Accord to end up in the same situation as Ellenville that its trendy and good now but in a few years could turn around and leave and our town suffer because of it.”
The board spoke with the applicant and his representative. Chair Grasso read code 140-20. F. Member Graham stated that the board needs to speak about this more, hopefully we can reach some sort of arrangement that will hopefully make the most people happy. Alternate Duda stated that most comments are about the current noise of the track, the applicant will need to come up with a more concrete list of proposed events. Member Pinsky stated we need to conduct an ambient noise study. Chair Grasso stated code enforcement is currently on other applications doing the ambient noise studies on the day of the events. Mr. Palmer provided a noise study that he obtained with the help of Arrowood. Member Pinsky stated the noise from Arrowood can be heard from at least a half mile away. Chair Grasso stated that the current process for Arrowood is that the ambient noise is studied the day of the event. Member Jones stated that we do not need an expert to come in for every event for a noise study, the applicant can measure on his own for day of ambient and during to make sure he is not going too far over the ambient noise level. Chair Grasso went over the information on parking provided by the applicant. Member Jones “We are not doing a special use permit we are amending the current site plan. The place to get the commercial event code changed is with the town board. We are not required to do a noise study.” Mr. Gordon explained that the NYS DEC has a hardline regulation for SEQRA classification based on the number of cars, anything over 500 cars will be a type 1 action and require long form EAF and would allow for a harder look at this. The board discussed the best practices for testing ambient noise levels. Chair Grasso asked if the current racing events would be part of an ambient noise study. The board agreed that they would be because they are part of the already approved site plan. Mr. Gordon advised the board that they need to see the SEQRA feedback for the adverse reactions and put them all into consideration when considering the conditions of approval. The board agreed that they will need a list from the applicant of the proposed events and where each event will take place.
Mr. Palmer stated that he is turned off from the idea of a concert and rodeo due to the need for more studies if over 500 cars the cost to get the events here would not be worth it with that limit.
Member Jarvis asked to hear the boards opinion on closing the public hearing. Member Jones explained he doesn’t see an issue with keeping it open, Chair Grasso agreed. Chair Grasso explained to Mr. Palmer that they will be keeping the public hearing open and that they will receive a post meeting letter of what the board needs at this point.
Application # PB 2021-516 Applicant/Owner: DeJager Realty LLC Type: Major SBD Representative: Nadine Carney / Peak Engineering Zoning: AR-3 Property Location: Lucas Ave / Peninsula Lane SBL: 77.1-2-33.510 SEQRA: Type I (Oct 22) PB lead Agency (Dec 22)
Status: Continued Application/ DECISION REVIEW DESCRIPTION: The applicant proposes a 10 – lot conservation subdivision. The new submission packet includes an updated wetland study, revised maps, SWPPP, revised lot sizes and road structure.
Chair Grasso explained that this application was removed from the agenda.
Application # PB 2024-02 Applicant/Owner: Barry Turner & Others Type: Minor SBD Representative: Patricia Brooks, Control Point Associates, Inc. Zoning: R-5 Property Location: 345 Tow Path Rd SBL: 77.2-4-43.100 / 77.2-4- 43.200 SEQRA: Undecided Status: New Application DESCRIPTION: The applicant proposes a 4-lot subdivision of 151 acres of existing lands between 4 owners on Tow Path Rd neighboring the historic Hamlet of Alligerville.
Chair Grasso explained that at this point the Alternate Duda will be acting as the alternate and Member Nelson will be an active member from this point forward. Chair Grasso explained this application. Ms. Brooks explained the documents submitted and the maps.
Chair Grasso expressed concerns about lot 3 crossing the road and the stream, this would create an unbuildable lot if split again. Ms. Brooks explained that the owner would like to keep access to the stream, they are unwilling to change the layout. Member Jones expressed comments on missing items from the map. Chair Grasso asked if there is a shared driveway agreement. Ms. Brooks explained that they are creating their own driveways, and she will show them on the new map. The board went through what is needed on the next submitted map and explained that we will move forward in the steps when those needs are met.
Application # PB 2024-04 Applicant/Owner: Luis Delgado III Type: Minor SBD Representative: Bill Eggers, Medenbach & Eggers Zoning: R2 Property Location: 77 Queens Hwy SBL: 76.2-2-3 SEQRA: Undecided Status: New Application DESCRIPTION: The applicant proposes a 2-lot subdivision of 29.5 acres. This application has ACOE delineated
wetlands, a new construction dwelling and the Mombaccus Creek.
Chair Grasso explained the application. The board discussed their concerns with the applicant’s representative as well as explained what is missing from the map and needs to be added prior to appearing on future agendas.
Member Jarvis made a motion to set escrow for $2,500. Member Moloney 2nd the motion. All in favor 7 yes, 0 no, 0 abstain.
Application # PB 2024-03 Applicant/Owner: Big Net LLC Type: SUP Representative: James O’Shea , Bjorn Quenomoen Zoning: B Property Location: 5164 Rte. 209 SBL: 76.2-2-20.200 SEQRA: Undecided Status: New Application DESCRIPTION: The applicant proposes a Light Manufacturing expansion of 10,000 sq. ft. located inside the existing vacant storage portion of SkateTime 209.
The applicant explained the application. Chair Grasso went through the pre app checklist with the applicant and explained what we will need before the next meeting. The board discussed their concerns for fire safety, new equipment, layout, possible air pollution, proposed solar panels, and signage. The board explained that the applicant will receive a post meeting letter outlining what is needed.
Application # PB 2024-01 Applicant/Owner: Sixty Fifty LLC (Jacob Feder) Type: SUP Representative: Jacob Feder Zoning: AR-3 Property Location: 6050 Rte. 209 SBL: 76.1-3-18 SEQRA: Undecided Status: New Application DESCRIPTION: The applicant proposes an Adult & Children Resort/Camp on Rte. 209. Inclusive of 12 existing buildings and multiple alternative structures, this proposal would facilitate 304 persons. A Special Use Permit is required for this project.
Chair Grasso explained the application. The board expressed concern that the two lots are not shown on the map, the applicant explained that they will not be using the second lot, so it is not included in this application. Chair Grasso went through the pre app checklist with the applicant. The applicant explained his goals for this project and what his long-term plans are. The board went through and expressed their concerns and what will be needed from the applicant prior to appearing on future agendas.
Member Jarvis made a motion to set escrow for $5,000. Member Maloney 2nd the motion. All in favor 7 yes, 0 no, 0 abstain.
OTHER MATTERS:
– Approval of January 8th, 2024, Meeting Minutes
– Approval of January 22nd, 2024, Meeting Minutes
– Annual Training Hours Requirement
Chair Grasso went over the training requirements and possible issues with February workshop.
Member Moloney made a motion to cancel the February workshop meeting. Member Jarvis 2nd the motion. All in favor 7 yes, 0 no, 0 abstain.
ACTION ON MINUTES:
Member Moloney made a motion to approve the January 8th, 2024, meeting minutes. Member Jarvis 2nd the motion. All in favor 6 yes, 0 no, Member Nelson abstain.
Member Jarvis made a motion to approve the January 22nd, 2024, meeting minutes. Member Moloney 2nd the motion. All in favor 6 yes, 0 no, Member Nelson abstain.
ADJOURNMENT:
Member Jarvis made a motion to adjourn the meeting at 9:44pm. Member Moloney 2nd the motion. All in favor 7 yes, 0 no, 0 abstain.
Respectfully submitted,
Jazmyne Wilhelm,
Secretary