PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF February 28th, 2022 WORKSHOP MEETING OF the Town of Rochester PLANNING BOARD, held at 6:41pm at the Harold Lipton Community Center, 15 Tobacco Rd., Accord, NY, via Zoom, and Streamed on YouTube.
Chair Jones called the meeting to order at 6:41pm and asked everyone to stand for the Pledge to the Flag.
The Secretary did roll call attendance.
PRESENT: ABSENT:
Rick Jones, Chair Zorian Pinsky
Sam Zurofsky, Vice Chairperson
Maren Lindstrom
Marc Grasso
Zachary Jarvis
Patrick Williams
Ann Marie Maloney
Also present:
Nicole Knapp, Secretary
Liz Axelson, CPL, Town of Rochester consulting engineer
APPLICATION REVIEW:
PB 2022-01 LLI New Application
Krom-Stone LLC
S/B/L 69.1-1-23.110
Upper Whitfield Rd.
Lot Line Improvement
Parcel at S/B/L 69.1-1-23.100/AR-3. Applicant proposes a Lot Line change. Board decided to accomplish this by first approving a Natural Subdivision, which was accomplished on 12/13/21. The second step is a lot line change, which is the nature of this meeting.
Heather Gabriel of Medenbach & Eggers was present on behalf of the application.
Chair Jones read the Lot Line certification:
Decision: PB 2022-01 LLI
Lot Improvement – 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 lot line improvement for S/B/L 69.1-1-23.100 (+/-32 acres), splitting the parcel into a revised Lot #1 of 17.37 acres and another revised lot #2 of 15.39 acres. 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: 02/08/2022 SEQR Type: Type II by definition
Planning Board Application #: 2022-01 LLI PB Application filed: 2/9/2022
* * * * *
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 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.
Mr. Zurofsky noted the wording of the draft certification should be changed to “Lot Line Improvement” from “natural subdivision. Mr. Zurofsky motioned to certify the Lot Line as revised. Mr. Jarvis seconded the motion.
Ayes: 5 Nays: 0 Abstentions: 1
Majority in favor. Motion carried.
OTHER BUSINESS:
The Board discussed the current Town Board application for an Economic Enterprise Overlay, (EEO), Walnut Brook, LLC. The project would turn the dilapidated Maybrook Motel on Route 209 into affordable apartment buildings.
Chair Jones reviewed previous information with the Board and new info, regarding septic, water, and long EAF form. Chair Jones asked for comment from the rest of the Board.
Mr. Jarvis stated this property was in the Business district of the Town and wanted confirmation of what the buildings would look like. He stated disruption of soils was a major concern. He noted the importance of a traffic study, lighting plan, and signage for the project.
Chair Jones brought up the issue of potential school buses and bus stops.
Mr. Grasso stated he would like to know how the project qualified for the EEO. He also asked how Ms. Christiana and Ms. Axelson would be involved, as they are the Attorney for the Town and Consulting Planner, respectively, for both the Planning Board and Town Board. He brought up the question of if there might need to be a recusal at one point during the project.
Mr. Zurofsky noted Ms. Christiana stated she would recuse if there was any conflict between the Town Board and Planning Board.
Mr. Grasso went on to state the importance of traffic studies, need for focus on transportation issue, DOT, and finding out what depth of studies exist to answer these questions. He stated buildings 10-12 should be at the back of the property and the septic at the front, downhill, because water runs down-hill. He also asked where the leech field was going to be located and mentioned the wetlands on the property.
Chair Jones presumed there may be a mini package plant on the property. Past plans for septic have shown the system exiting to the Mombaccus.
Ms. Lindstrom stated the applicant would like to choose the least expensive option and noted this property is close to a flood zone.
Chair Jones if the water is treated properly, where it is exiting to may not be significant.
Mr. Grasso brought up the question of what the parking lot situation would be like. He also stated he would like to know about how the Town Board proposes keeping rent at a certain amount and how that would be monitored. He stated buildings 10-12 should be but the old farmhouse or behind the current motel. Landscaping must be done in front of these buildings, as well. Building 8 should be destroyed.
The Board talked about bonding for the landscaping, etc. to ensure it gets completed properly.
Mr. Zurofsky stated he agreed with the previous comments and feels positively about the idea of turning a dilapidated motel into something that could be useful to the community but believes the Board should comment back to the Town Board that there is not sufficient information for the Planning Board to make comments regarding SEQRA. He cited a letter from Clark Patterson Lee from last May and stated none of those issues have been addressed. The Planning Board consented to Town Board being Lead Agency, but the Planning Board’s previous letter has not been addressed. He asked if an EEO was even legal in this Town. He pointed out it does not conflict with existing zoning regulations, so why are they pursuing an EEO.
Ms. Axelson indicated at the Town Board meeting that there was a lack of information, and she would provide no further review. She stated any application involving SEQRA must involve the Planning Board, even if they are not designated as the Lead agency. CPL can conduct traffic studies, but she stated there is not enough information to frame one at this time. She also said the Planning Board can decide if there would be potential conflict.
Mr. Williams stated the site plans need a lot of work.
Ms. Lindstrom stated there should be no bullet points sent at this time. She asked if the project even qualified as an EEO. It was typed by the Code Enforcement Officer as something that can be done under existing zoning.
Ms. Lindstrom recused herself from the meeting at 7:38pm.
Chair Jones stated he would put together a memo for the Town Board with the Board members’ comments.
Mr. Zurofsky said the memo should state there is not enough information to respond at this time.
The Board agreed input from Ms. Christiana would be helpful prior to writing the memo.
ADJOURNMENT:
Mr. Zurofsky made a motion to adjourn at 7:45pm and Mr. Grasso seconded the motion.
Ayes: 5 Nays: 0 Abstentions: 0
All in favor. Motion carried.
Respectfully submitted,
Nicole Knapp