PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF February 14th, 2022 REGULAR MEETING OF the Town of Rochester PLANNING BOARD, held at 7:00pm on Zoom 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
Sam Zurofsky, Vice Chairperson
Patrick Williams
Maren Lindstrom
Marc Grasso
Zorian Pinsky
Zachary Jarvis
Ann Marie Moloney, Alternate (7:09PM)
ALSO PRESENT:
Mary Lou Christiana-Town Attorney
Nicole Knapp-Secretary
Elizabeth Axelson, Planning Consultant, CPL
ANNOUNCEMENTS and COMMUNICATIONS
February 28th Workshop Meeting Decision:
– KromStone LLC lot line improvement certification will be read.
TRAININGS:
– Mary Lou Christiana will be conducting a training for all Planning Board members at the 2/28/22 workshop meeting.
– Clean Energy training link sent to all Planning Board members. Training will be held online 3/1/22 from 6-8PM
ACTION ON MINUTES:
Mr. Pinsky made a motion to accept the Planning Board Regular Meeting minutes from January 10, 2022 with the condition that modifications to Board member names are made. Members should be referred to by their salutation and last name. Ms. Lindstrom seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions
APPLICATION REVIEW:
2022-01 SBD – Major Subdivsision Continued Application
Nicholas Shangloo/Aneta Markowska
David Hahne was present on behalf of the application.
Chair Jones discussed that our attorney, Ms. Christiana, has deemed it unnecessary that approval for this lot line change be obtained from other residents of the subdivision who are part of the road maintenance agreement.
Mr. Hahne submitted a request for waiver of certain conditions for major subdivisions. Ms. Lindstrom made a motion to approve the waiver request. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions
Ms. Lindstrom made a motion to set the Public Hearing for 3/14/22. Mr. Grasso seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions
2021-25 SBD – Major Continued Application
Robert Griffitts (and others)
Heather Gabriel of Medenbach & Eggers was present on behalf of the application.
The Chair updated the Board regarding correspondence from Jessica Schreyer from NYS Parks SHPO regarding the two archaeological sites present on the site, one on lot 12 and the other on lot 14 (lot 14 is not part of this application).
The correspondence indicated that neighter of the archaeological sites were determined to be eligible for inclusion in the State or National Registers of Historic Places. Once a site has been determined to be not eligible, we have no further concerns and site protection and/or further archaeological site investigations are not warranted.
Chair Jones read the decision:
ADOPTION BY RESOLUTION OF FEBRUARY 14th 2022 of FINDINGS AND BOTH PRELIMINARY APPROVAL AND MAJOR CONDITIONAL FINAL SUBDIVISION APPROVAL FOR PROJECT #2021-25 SBD OF GRIFFITS, MEDRANO, BINNS, FIORINI & MURRAY MAJOR SUBDIVISION
WHEREAS, an application for subdivision approval was submitted to the Planning Board for the project as follows:
• the application number is 2021-25;
• the application was submitted by Medenbach & Eggers Civil Engineering & Land Surveying, PC, agent for Robert C. Griffitts & Nicola Medrano; and Daniel Binns, Lia Fioroni, & Ben Murray (the “Project Sponsors”);
• “Project Sponsor,” wherever used herein shall mean, and is intended to mean, the Applicant as identified in the above referenced Application, its successors in interest or assignees as may be appropriate;
• the property for this proposal is identified as Tax Map Parcel No.: 77.1-4-12.100 & 77.1-4-13.100 consisting of 47.8 ± acres located at 111 and 121 Peninsula Lane in the AR-3 (Residential Agricultural) Zoning District in the Town of Rochester;
• the proposal involves a request to re-subdivide the existing 2 lots numbered 12.100 and 13.100, with 33.3 and 14.6 acres respectively, for single-family home development, by taking 7.7 acres from lot 12 and adding it to lot 13, with resulting Lot 12 being 25.5 acres and resulting lot 13 being 22.3 acres. The resulting lot configuration appears to be consistent with the locations of wells, and septic systems, shown on the submitted map, which wells, and septics were approved during a previous subdivision review. Separate driveways are proposed, each of which would enter onto the existing shared private driveway known as Peninsula Lane.
• the applicants paid their application fees and deposited monies into an escrow account to cover the consultant charges for the review of the project in accordance with the current Fee Schedule and in agreement with the provisions of Section 125-19 of the TOR Subdivision Code, and Section 140-63 of the Code of the Town of Rochester.
• the applicant submitted drawings, prepared by Medenbach & Eggers Civil Engineering & Land Surveying, PC, as more fully listed at the end of this resolution, including:
• a filed subdivision map showing the 2 subject lots in their current configuration; and
• the current Map Showing Lot Line Improvement for Lands of Griffitts, Medrano, Binns, Fiorini & Murray, dated October 14, 2021; and
• the application was accepted by the Planning Board of the Town of Rochester on November 10, 2021;
• the application was referred by the Planning Board of the Town of Rochester to the Town Consulting Planner and Engineer, the Town Planning Board Attorney, the Town Highway Superintendent, and the Accord Fire Company; and
WHEREAS, the action is an Unlisted action pursuant to 6 NYCRR 617.4 and 617.5 of the implementing regulations pertaining to Article 8 of the SEQRA (State Environmental Quality Review Act) of the Environmental Conservation Law; and the Planning Board concluded its review under SEQRA by adopting a Determination of Non-Significance (Negative Declaration) at its regular meeting on January 10, 2022; and
WHEREAS, the Planning Board reviewed the Application, and all supporting documentation and information pursuant to the standards and criteria for subdivision approval set forth in the Code of the Town of Rochester, Chapter 125, Subdivision of Land; and pertinent requirements and standards of Chapter 140, Zoning; and
WHEREAS, the Project Sponsor had previously obtained Ulster County Department of Health Approval for waste disposal systems (septic systems) on existing Lots 12 and 13 on February 25, 2021, and August 5, 2020, respectively; and
WHEREAS, the Planning Board held a duly noticed public hearing on the completed Application pursuant to Chapter 125, Code § 125-12. F on January 10, 2022, which was closed on January 10, 2022;
FINDINGS:
NOW THEREFORE BE IT RESOLVED, the Planning Board of the Town of Rochester makes the following findings about this project:
1. The Planning Board received zoning determination and classification that the subdivision is located in an AR-3 zoning district and is a major subdivision per correspondence from the Code Enforcement Officer received November 15, 2021.
2. This was typed as a major subdivision after a lot line change was proposed to a previous subdivision of a Map of Revised Section 2 of Mountain View Stables subdivision dated March 6th, 2006.
3. The proposed 2-lot re-subdivision, which would result in two reconfigured lots for single-family homes, was discussed at regular and workshop meetings of the Planning Board held on December 13, 2021; January 10, 2022; and February 14, 2022, during which the Planning Board, its consultant and the Applicants representative discussed the site’s land use and natural features including on-site flood plain areas, the Rondout Creek, and wooded areas, the site’s topography, the previously approved lot configuration, and nearby agricultural district lands; and
4. In response to material set forth by the applicants as well as the Town’s consultants along with comments from the Planning Board, the Board finds the following impacts and determinations based on the most current plan set dated October 14, 2021, including:
a. Since there is no proposed change or increase in land development, then there will be no change in or increase in stormwater runoff from the proposed resubdivision based on the stormwater management and erosion and sedimentation control plan review of the originally approved and filed subdivision; and
b. The proposed lots will comply with the AR-3 zoning district lot area and bulk requirements and pertinent subdivision design standards and requirements.
5. Given the above noted findings, the requested waivers of certain specified major subdivision requirements, as set forth in the January 10, 2022 letter submitted by Medenbach & Eggers Civil Engineering & Land Surveying, PC, on behalf of the applicants appear to be reasonable given no substantial change in the scale of development.
These Findings having been prepared by the Board and read and discussed at the meeting of February 14, 2022. The Board hereby Adopts these Findings on February 14th 2022 by the following Vote:
Ayes: _7_ Nays: _0_ Absent: _0_
Motion to adopt findings by: _Sam Zurofsky_
Seconded by: _Patrick Williams_
CONDITIONS OF APPROVAL
NOW THEREFORE BE IT RESOLVED, that the Town of Rochester Planning Board hereby grants the requested waivers of certain specified major subdivision requirements, as set forth above in reference to the January 10, 2022 letter submitted by Medenbach & Eggers Civil Engineering & Land Surveying, PC;
BE IT FURTHER RESOLVED, that the Town of Rochester Planning Board hereby grants Preliminary Approval and Major Conditional Final Subdivision Approval of the proposed 2-lot re-subdivision situated at 111 and 121 Peninsula Lane, Accord, NY, as depicted on the “Map Showing Lot Line Improvement for Lands of Griffitts, Medrano, Binns, Fiorini & Murray”, as prepared by Medenbach & Eggers Civil Engineering & Land Surveying, PC, dated October 14, 2021, subject to satisfactory compliance with the following conditions:
1. The Project Sponsor shall reimburse the Town of Rochester for all costs incurred by the Town for the review of this subdivision proposal. The final plat for this subdivision will not be stamped and signed by the Planning Board Chairman unless and until all appropriate costs incurred by the Town for the customary and necessary review have been paid for by the Applicant by either means of the escrow account established at the initial application stage or by check payable to the Town of Rochester.
2. The Agricultural Data Statement, including all attachments with the names of adjoining farms, shall be sent to Ulster County.
3. The Applicant shall present a Final Plan for signature, that includes the following plan notes:
a. “ ‘Right to Farm,’ This property may border a farm as defined in Chapter75 of the Town of Rochester Code. Residents should be aware that farmers have the right to undertake farm practices which may generate dust, odor, smoke, noise and vibrations which may involve insecticides, herbicides, pesticides, etc.”
b. “No Further subdivision of this parcel is permitted without the prior approval of the Planning Board.”
4. Revise the “Map Showing Lot Line Improvement for Lands of Griffitts, Medrano, Binns, Fiorini & Murray” to be entitled “Final Plat Showing Major Subdivision for Lands of Griffitts, Medrano, Binns, Fiorini & Murray”.
5. Revise the “Map Showing Lot Line Improvement for Lands of Griffitts, Medrano, Binns, Fiorini & Murray” to identify the property owners across the Rondout Creek.
6. The Owners’ Consent Block shall be signed and dated by the Owners following the date of last revision and prior to the Chair signing the plat.
7. Before any building permit shall be issued, the following additional conditions shall be met; and pertinent items shall be clearly shown on building plot plan(s) and verified by the code enforcement officer/building inspector:
a. All required Local, County, State or Federal permits shall be secured for the current and future use of these lands.
b. Plot plans, with soil erosion and sediment control plans, for grading shall be submitted for each plot before issuing building permit.
c. Lot Development, including the limits of disturbance for a lot, shall conform to the subdivision plan for each parcel. Any limit of disturbance for a lot shall not be increased from that shown on the subdivision plan without further Planning Board approval and any stormwater mitigation as may be required by the Town or NYSDEC.
This Preliminary Approval and Major Conditional Final Subdivision 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 Preliminary Approval and Major Conditional Final Subdivision Approval permitting the lot line change between lots 12 and 13 of the original subdivision Map of Revised Section 2 of Mountain View Stables subdivision dated March 6th, 2006, as depicted on the “Map Showing Lot Line Improvement for Lands of Griffitts, Medrano, Binns, Fiorini & Murray”, as prepared by Medenbach & Eggers Civil Engineering & Land Surveying, PC, dated October 14, 2021, upon satisfactory completion of the conditions of Approval 1-4 above.
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 _February 14,_2022, by the following vote:
Ayes: _6_ Nays: _1_ Absent: _0_
Motion to adopt approval with condition by: _ Sam Zurofsky _
Seconded by: _Zorian Pinsky_
Ms. Lindstrom stated the names of property owners across the Rondout Creek from the property should be labeled on the final map. She stated the Agricultural Data Statement must also be submitted to the Ulster County Planning Board.
Ms. Christiana stated the final version of the decision should have the header changed to say preliminary AND final approval.
Ms. Lindstrom asked Ms. Gabriel what the reason for the project was. Ms. Gabriel responded the owners wanted to make the parcels equal to each other.
Ms. Axelson requested Ms. Gabriel add a boiler plate and sediment control plan sheet to the final plan set.
Ms. Christiana stated Ms. Gabriel should amend wording on the map to show this is a Major Subdivision encompassing a Lot Line Improvement.
PB 2021-21 SBD Continued Application
John DeForest
Heather Gabriel of Medenbach & Eggers present on behalf of the applicant.
Chair Jones discussed the AP Overlay needing to be added to the map. Ms. Gabriel responded that the whole parcel is in the AP Overlay. The Chair asked for a note stating this fact. The Chair also asked for a note describing no further flag lots regarding lot # 2, as well as a “Right to Farm” note.
Ms. Christiana stated she had not yet received a copy of the deed to review. Ms. Gabriel confirmed she would send it following the meeting.
Chair Jones stated the second well must be drilled before he signs the final plan set.
Chair Jones made a motion to set the application as an unlisted, uncoordinated action for SEQRA. Ms. Lindstrom seconded the motion.
Roll Call:
Chair Jones- Yes
Mr. Zurofsky- Yes
Mr. Williams- Yes
Ms. Lindstrom
Mr. Pinsky- Yes
Mr. Jarvis-Yes
Mr. Grasso-Yes
All in Favor. Motion Carried.
7 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 Jones- Yes
Mr. Zurofsky- Yes
Mr. Williams- Yes
Ms. Lindstrom- Yes
Mr. Grasso-Yes
Ms. Jarvis-Yes
Mr. Pinsky- Yes
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions
Chair Jones opened the Public Hearing.
Peter Hunstein was present and attended to see what the project entailed. He stated since there was to be no new construction, he did not have any comments regarding the application at this time.
Ms. Lindstrom made a motion to close the Public Hearing. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions
Chair Jones advised the decision would be prepared for the 3/14/22 per the new state law. The decision will be posted on the Town website at least 24 hours in advance of the meeting.
OTHER MATTERS
In other matters, the Board discussed the application tracker. Chair Jones asked that the Board continue to use this in their work, that it was not going to be shared with the public at this time, and that the detailed application package continues to be given to applicants in order to guide their preparation of their application before presenting to the Planning Board.
The Planning Board also discussed possible recommendations to the Town Board for Planning Board fee changes. The Planning Board discussed the establishment of applicant escrow fee amounts for the services of the Planning Board Consultant and the Attorney for the Town on applications and fuirther establishment of Recreational Fees for land uses of 4 tp 5 or less lots.
After a lengthy discussion, the Planning Board considered establishing a task force of Ms. Lindstrom, Mr. Williams, and Mr. Grasso to further analyze potential Planning Board fee adjustments referencing neighboring and adjacent town’s current fee structures, the expenses of running the Planning Board office, associated expenses of the Code Enforcement Office, the billable hours of the Attorney for the Town and the Town Planning Consultant associated with planning board applications, and finally the historic breakdown of and number of applications appearing before the Planning Board.
The Planning Board asked Chair Jones to contact the Town Supervisor to determine the true scope of the desired input from the Planning Board to the Town Board, so as not to embark on duplicate or unnecessary research and recommendations if the Town Board is of a different mindset in the handling of additional or changes to existing fees. Chair Jones agreed to do so.
ADJOURNMENT
Mr. Zurofsky made a motion to adjourn the meeting at 9:30PM. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions
Respectfully submitted,
Nicole Knapp, Secretary