Planning Board Minutes July 12th, 2021

PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434

MINUTES OF July 12th, 2021 REGULAR MEETING OF the Town of Rochester PLANNING BOARD, held at 7:00pm at the Harold Lipton Community Center and streamed via YouTube.

Vice Chairperson Zurofsky asked everyone to stand for the Pledge to the Flag.

The Secretary did roll call attendance.

PRESENT: ABSENT:
Ann Marie Moloney
Sam Zurofsky, Vice Chairperson Maren Lindstrom, Chairperson
Patrick Williams
Rick Jones
Zorian Pinsky
Marc Grasso

ALSO PRESENT:
Zachary Jarvis- Alternate.
Mary Lou Christiana-Town Attorney
Nicole Knapp-Secretary.

ANNOUNCEMENTS and COMMUNICATIONS

Vice-Chair Zurofsky explained the Public hearing process before beginning the meeting.

July 26th Workshop Meeting Decision:

Vice-Chair Zurofsky made a motion to cancel the July 26, 2021 Planning Board workshop meeting. Marc Grasso seconded the motion.

All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions, 2 absent.

TRAININGS:

No new trainings have been announced.

ACTION ON MINUTES:

Vice-Chair Zurofsky made the motion to approve the minutes from the June 14th regular meeting and the June 28th workshop meeting. Mr. Williams made a motion to approve the minutes, Mr. Jones seconded the motion.
5 ayes, 0 nays, 0 abstentions, 2 absent.

APPLICATION REVIEW:

PB 2020-09 LLI Continued Application
Streamside Estates/Michael Baum (Owner & Applicant)
Applicant is proposing (a) a lot line adjustment to convey +/- 1.3 acres from the existing 46.9 acre lot S/B/L 67.-2-43.141 to an adjoining +/- 17.1 acre lot S/B/L 67.-2-43.151 which contains an approved mobile home park with 16 units presently in the same ownership as S/B/L 67.-2-43.141. Lands to be conveyed hold a well servicing the mobile home park. Parcels are located at 190 Cherrytown Road, Kerhonkson, NY; are in the AR-3 Zoning District.
SEQRA: Type II by code

Barry Medenbach and Heather Gabriel were present on behalf of the applicant.

Vice-Chair Zurofsky read the final Planning Board Decision:

Lot Improvement – Certification
*Pursuant to Chapter 125 and Chapter 140 of the Code of the Town of Rochester.

Applicant: Streamside Estates c/o Michael Baum
Owner: Streamside Estates c/o Michael Baum

Reason for Request:
The applicant proposes the conveyance of +/-1.3 acres from S/B/L 67.-2-43.141 (+/- 46.9 acres) to S/B/L 67.-2-43.151 (+/- 17.1 acres) to accommodate well and septic. Parcels are located at 190 Cherrytown Road, Kerhonkson, NY. Lots are located in the AR-3 (Residential Agricultural) Zoning District and lands to be conveyed contain federal ACOE wetlands, lie partially within the FD Overlay District (FEMA 100 year flood plain FEMA Map Panel #36111C0565E), and contain a NYS DEC named stream the Mombaccus Creek

Location:
S/B/L: 67.-2-43.141 (+/- 46.9 acres) and 67.-2-43.151
Zoning District: AR-3 (Residential Agricultural) Zoning District.

Zoning Permit filed: 5/26/2021 SEQR Type: Type II by definition
Planning Board Application #: 2020-09 LLI PB Application filed:

* * * *
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.

Vice-Chair Zurofsky made the motion to certify the Lot Line Improvement. Mr. Grasso seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions, 2 absent.

PB 2021-10 LLI New Application
James Tanner (Owner & Applicant)
Applicant proposes the combination of two parcels S/B/L 59.12-1-31 (+/- 3.0 acres) and S/B//L 59.12-1-30 (+/-2.1 acres) into one +/- 5.1 acre parcel. Parcels are in the R-2 zoning district are located at 669 Upper Cherrytown Road, Kerhonkson NY and abut the Catskills State Park.
SEQRA: Type II by code

**Applicant not present. Application tabled**

PB 2021-05 SBD Public Hearing/Continued Application
Denise Ross (Owner & Applicant)
Major Subdivision
Applicant proposes a lot line adjustment to convey +/- 4.52 acres from S/B/L 77.2-2-29.214 (+/- 14.37 acres) to S/B/L 77.2-2-29.215 (+/- 6.95 acres) by a lot line adjustment. The parcel was previously subdivided in 2005 therefore the application is a re-subdivision of lands which per 125-12 constitutes a major subdivision. Parcels are located at Twenty Acres Lane, Accord, NY and are in the AR-3 zoning district.
SEQRA: Unlisted/Uncoordinated Neg Dec June 14th, 2021

Patricia Brooks was present on behalf of the applicant.

Waiver requested and granted. Public hearing kept open from June 14th meeting; applicant has resolved issues.

No comments made during Public Hearing.

Mr. Grasso made a motion to close the Public Hearing. Vice-Chair Zurofsky seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions, 2 absent.

Vice-Chair Zurofsky read the final Planning Board decision:

Applicant: Denise Ross, Stevenson Estime & Serena Depero
Owner: Denise Ross

Reason for Request: Applicant proposes a lot line adjustment to convey +/- 4.52 acres from S/B/L 77.2-2-29.214 (+/- 14.37 acres) to S/B/L 77.2-2-29.215 (+/- 6.95 acres). The parcel was previously subdivided in 2005 (with earlier subdivisions on record) therefore the application is a re-subdivision of lands which per 125-12 constitutes a major subdivision. Parcels are located at Twenty Acres Lane, Accord, NY and are in the AR-3 zoning district.

Location: Twenty Acres Lane, Accord, NY
Total Acreage: ± 21.32 acres
S/B/L: 77.2-2-29.214 & 77.2-2-29.215
Zoning District: AR-3 (Residential Agricultural)

Code Enforcement Determination: Major Subdivision
Zoning Permit: 441 of 2020
Planning Board Application: 2021-05 SBD
PB Application filed: 4/26/2021 EAF filed: 9/28/2020

SEQR Type: Unlisted, Uncoordinated – 06/14/2021
SEQR Determination: Negative Declaration – 06/14/2021
Other Agency Referrals: N/A

Documents considered by the Planning Board for review

1. Zoning Permit : 441 of 2020 determination of Major Subdivision (via re-subdivision of lands) dated 9/30/2021 and received 10/15/2020
2. Code enforcement determination letter received 10/15/2020 and dated 10/13/2020
3. Planning Board Subdivision application 2021-05 SBD received 4/26/2021
4. Letters of representation authorizing Brooks & Brooks Land Surveyors, P.C. to represent owners Stevenson Estime, Serena Depero, and Denise Ross, received 9/28/2020
5. Agricultural Data Statement 09/31/2020
6. Letter to TOR Highway Department from Brooks & Brooks dated 5/15/2020, received 5/19/2020 & Tor Highway Department response letter dated 5/19/2020, received 5/19/2020
7. Sight Line Inspection Report from Highway Superintendent, received 4/26/2021
8. Short Form EAF Part 1 received 9/28/2020
9. Copy(ies) of relevant deeds, received 9/28/2020
10. Major Subdivision Waiver Request #1 for Long EAF and for Soil Type Analysis dated 3/25/2021, received 4/26/2021
11. Major Subdivision Waiver Request #2 for 125-13 – 125-17 from Brooks & Brooks, dated 5/12/2021
12. Letter(s) of confirmation from Private Road co-owners (Mensche, Boehl, Depero/Estime), approving proposed plat changes, received 5/31/2021. Letter specifying plat changes, maps and request for confirmation of acceptance was further sent to Tyler/Voyers & Stokes/Countryman who did not respond.
13. Preliminary Site Plan dated 7/28/2020 and received 4/14/2021

Notice of Public Hearing:

1. Published in the May 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: 6/14/2021 & 7/12/2021 Place: Virtual Meeting and Howard Lipton Community Center, Accord, NY
Public C Comment: (see Minutes of Town of Rochester Planning Board, 6/14/2021 & 7/12/2021)
* * * *
Findings of the Planning Board
1. The Planning Board received a zoning referral and determination letter for a major subdivision from the Code Enforcement Officer. The parcel was previously subdivided, most recently in 2005 and received a LLI in 2018. Because of the previous subdivisions the application is a re-subdivision of lands which per 125-12 constitutes a major subdivision.
2. The applicant’s representative Patti Brooks met with the Planning Board and presented the subdivision map for review. The Board discussed and reviewed the proposed subdivision.
3. The Planning Board discussed the nature of the subdivision and determined that waivers could be given for substantially all of the required elements of a major subdivision. The Planning Board requested and received letters requesting said waivers and duly granted them. The Planning Board further noted that any further Lot Line Adjustments or Subdivisions would again constitute a re-subdivision and be treated as a major subdivision.
4. The parcel is in the AR-3 zoning district. Applicant proposes a lot line adjustment to convey +/- 4.52 acres from S/B/L 77.2-2-29.214 (+/- 14.37 acres) to S/B/L 77.2-2-29.215 (+/- 6.95 acres). The parcel was previously subdivided in 2005 (with earlier subdivisions and Lot Line adjustments on record) therefore the application is a re-subdivision of lands which per 125-12 constitutes a major subdivision
5. Plats are filed with the Ulster County Clerk, and the Planning Board received and reviewed deeds for both properties.
6. The parcel is in a Town of Rochester AR-3 zoned district. The Residential Agricultural District is intended to recognize and preserve the high valued agricultural lands of the Town, while allowing for low density residential development.
7. The lands are largely flat/rolling (0% to 5% grades) open fields/transitional woodlands.
8. Proposed Lot 1 has existing single family home with well and septic. Proposed lot 2 is vacant land.
9. The application was determined to meet the requirements of an Unlisted Uncoordinated SEQRA action.
• A Negative Declaration was determined upon review.
10. A Public Hearing was held.
11. The Board reviewed if the proposed lots have safe and legal access.
• The parcels are accessed via a private road, Twenty Acres Lane. The applicant’s representative contacted the current owners of the private road sending a letter of explanation of the proposed changes and maps and received approval or no response from the road co-owners. Any future extension of or alteration of the road or plats accessed by the private road shall require approval by the co-owners of the private road.
12. The parcel is in the AR-3 zoning district. Upon review, the Board concludes that the 2 proposed parcels meet or exceed the bulk standards requirements for the AR-3 zoning district.

Draft findings were prepared by the Chairman and were read and discussed by the Planning Board in public meeting at the time of adoption.

Adopted July 12th, 2021 by the following vote:
Ayes: 5 Nays: 0 Absent: 0

Motion to adopt findings by Patrick Williams
Second by Zorian Pinsky

* * * *
RESOLVED,
The Town of Rochester Planning Board grants Major Subdivision- Conditional Final Approval permitting the subdivision of lands situated on Twenty Acres Lane, Accord, NY.

The subdivision plan dated 7/28/2020 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 Plat name shall be changed from “Sketch” to Major Subdivision The following plat notes shall be included to clearly state on the recorded Final Plat Map:
a. “Private Driveway shall adhere to 140-10 Lot Development Standards (D) (3) Private Road Standards“.
b. Any future subdivision or changes to lots having access by Twenty Acres Lane, a private road, shall requite the consent of all landowners having access by Twenty Acres Lane.
c. “Subdivision shall adhere to TOR subdivision law §125-21 and -22 General Site Requirements
3. 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 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 Major Subdivision- Conditional Final Approval permitting the subdivision of lands upon satisfactory completion of the conditions of approval and grants the authority to the Chairman 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 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 July 12th, 2021, by the following vote:
Ayes: 5 Nays: 0 Absent: 0

Motion made by Zorian Pinsky
Second by Patrick Williams

PB 2021-08 SBD Public Hearing/Continued Application
Montalvo/Visconti (Owners & Applicants)
Applicants propose a series of lot line adjustments and a resubdivision of lands. S/B/L’s 69.3-3-33, 69.3-3-32, 69.3-3-35.230, 69.3-3-35.240, 69.3-3-30. Parcels are located at 22/28 Pine Ridge Road (a Private Road) and 4779/4785 Route 209, Accord, NY and are in the R-2 zoning district.
SEQRA: TBD

**Application tabled**

PB 2020-05 LLI & SPA Public Hearing/Continued Application
Inness NY, LLC (Applicant & Owner)
Lot Line Improvement & Site Plan Amendment
Applicant proposes the deletion of a lot line to combine S/B/L 77.1-1-41 (+/- 2.89 acres) with S/B/L 77.1-1-1 (+/- 137.1 acres). Additionally the applicant proposes the relocation of the spa from the previously approved site plan location onto the added acreage. Parcels are located in the AR-3 (residential agriculture) zoning district and are located at 10 Bank Street, Accord, NY.
SEQRA: Unlisted/Coordinated

Nadine Carney was present on behalf of the applicant.

No response from UCPB at the time of the meeting. Was to be on the July agenda, but it was not. It is now beyond the 30 day mark to receive correspondence.

Ms. Carney made corrections to the EAF 5B and 8B&C.

Mr. Jones made a motion declaring no negative environmental impact, Vice-chair Zurofsky seconded the motion.

Roll Call:
Chair Lindstrom- Absent Ms. Moloney- Absent
Mr. Zurofsky- Yes Mr. Grasso- Yes
Mr. Williams- Yes
Mr. Jones- Yes
Mr. Pinsky- Yes
All in Favor. Motion Carried.

Vice-chair Zurofsky opened the Public Hearing. No comments were received.

Vice-chair made a motion to close the Public Hearing, Mr. Williams seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 2 absent, 0 abstentions.

Mr. Terry Ringler arrived on behalf of the Montalvo application:

A new waiver was submitted by the applicant for the non-relevant requirements of subdivision law.

Vice-Chair Zurofsky made a motion to accept the waiver request. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 2 absent, 0 abstentions.

Communication was mailed to the non-associated party who is on the road-maintenance agreement return-receipt. Verbal remarks via telephone were made to the PB secretary in favor of the applicant’s proposal.

Rick Jones made the motion to set the application as an unlisted/uncoordinated action for SEQRA. Vice-Chair Zurofsky seconded the motion.

The Board completed a SEQRA EAF Part 2 review. Vice-Chair Zurofsky made a motion declaring no negative environmental impact. Mr. Jones seconded the motion.

Roll Call:
Chair Lindstrom- Absent Ms. Moloney- Absent
Mr. Zurofsky- Yes Mr. Grasso- Yes
Mr. Williams- Yes
Mr. Jones- Yes
Mr. Pinsky- Yes
All in Favor. Motion Carried.

Vice-Chair Zurofsky opened the Public Hearing. No public comments received.

Mr. Pinsky made a motion to close the Public Hearing. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 2 absent, 0 abstentions.

Vice-Chair Zurofsky read the final Planning Board Decision:

Applicant: Montalvo (Muriel J., Gina M., Robert M., Angela)/Visconti (John, Terry)
Owner: Montalvos/Viscontis

Reason for Request: Applicants propose a series of lot line adjustments and a resubdivision of lands. S/B/L’s 69.3-3-33, 69.3-3-32, 69.3-3-35.230, 69.3-3-35.240, 69.3-3-30. Parcels are located at 22/28 Pine Ridge Lane (a Private Road) and 4779/4785 Route 209, Accord, NY and are in the R-2 & AR-3 zoning districts. All Lots except S/B/L 69.3-3-35.230 have existing single family residences, accessory structures, well, and septic. Lot Line Adjustments will bring two lots currently non-conforming into R-2 zoning district conformation.

Location: 22/28 Pine Ridge Lane (a Private Road) and 4779/4785 Route 209, Accord, NY
Total Acreage: ± 26.4 acres
S/B/L: S/B/L’s 69.3-3-33, 69.3-3-32, 69.3-3-35.230, 69.3-3-35.240, 69.3-3-30.
Zoning District: R-2 (Low Density Residential) & AR-3 (Residential Agricultural)
Parcel is flat to sloping cleared and woodlands with existing single family dwelling(s), accessory structures, well(s) and septic(s). Parcel(s) are in the AP Overlay District.

Code Enforcement Determination: Major Subdivision
Zoning Permit: 193-197 of 2021

Planning Board Application: 2021-08 SBD
PB Application filed: 6/1/2021 EAF filed: 3/3/2021

SEQR Type: Unlisted, Uncoordinated – 7/12/2021
SEQR Determination: Negative Declaration – 7/12/2021
Other Agency Referrals: N/A

Documents considered by the Planning Board for review

1. Letter of Determination from Code Enforcement Officer, received 6/1/2021
2. 5 Zoning Permit(s) determination of Lot Line Adjustment(s) and Major Subdivision received 4/20/2021
3. Planning Board Subdivision application 2021-08 SBD, dated 5/30/2021 & received 6/1/2021
4. Request for waiver of Major Subdivision Requirements received 5/30/2021, revised and received 7/1/2021
5. Short Form EAF Part 1 received 6/1/2021
6. Property Deeds and Titles received 6/1/2021
7. Existing Private Road/Road Maintenance Agreement, received 6/1/2021
8. TOR PB Follow-up letter dated 6/30/2021
9. Letter to landowner accessing Pine Ridge Lane and party to RMA dated and received 7/1/2021
10. Preliminary Site Plan received 6/12/2021. Revised 7/2/2021.
11. Letter of Agency from all Montalvo and Visconti parties , dated 3/30/2021, received 6/1/2021

Notice of Public Hearing:

1. Published in the July 1st, 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: 7/12/2021 Place: Harold Lipton Community Center, Accord, NY
Public Comment: (see Minutes of Town of Rochester Planning Board, 7/12/2021)
* * * *
Findings of the Planning Board
1. The Planning Board received a zoning referral and determination letter for a major subdivision from the Code Enforcement Officer. The parcel was previously subdivided. Because of the previous subdivisions the application is a re-subdivision of lands which per §125-12 constitutes a major subdivision.
2. The applicant presented a preliminary & revised map showing the re-subdivision/lot line adjustments with the elimination of various lot lines and changed lot lines for review.
3. The parcels are in the R-2 and AR-3 zoning districts. The Applicants propose a series of lot line adjustments and a resubdivision of lands of S/B/L’s 69.3-3-30, 69.3-3-32, 69.3-3-33, 69.3-3-35.230, and 69.3-3-35.240. Parcels are located at 22/28 Pine Ridge Lane (a Private Road) and 4779/4785 Route 209, Accord, NY and are in the R-2 & AR-3 zoning districts. All Lots except S/B/L 69.3-3-35.230 have existing single family residences, accessory structures, well, and septic. The Lot Line Adjustments will bring two lots currently non-conforming into R-2 zoning district conformation and generally increase lot sizes, conformity, and create more logical lot layouts.
4. The existing plats are filed with the Ulster County Clerk and the Planning Board received copies of deeds for the parcels.
5. The current use of the parcels are residential, cleared lawn/fields and woodlands. The Town of Rochester R-2 zoned district is a Low Density Residential District, which is intended to recognize and preserve the integrity of predominantly low-density rural residential areas. The AR-3 zoned district is an Agricultural Residential District intended to recognize and preserve the high valued agricultural lands of the Town while allowing for low density residential development of a compatible nature. The proposed changes reflect the intent of the districts.
6. Existing site conditions include rolling woodlands and four of the five parcels have existing single-family dwelling with water and septic and accessory structures which are to remain within the four lots. The fifth lot is to remain vacant as existing with a change in the perimeter lot lines.
7. The applicant requested a waiver from the requirements of chapter §125-12 Major Subdivision. The Planning Board discussed the nature of the subdivision and determined that waivers could be given for substantially all of the required elements of a major subdivision.
8. The Planning Board discussed the application, the proposed changes to the lot lines, and the existing locations of structures, access, well and septic, topography and environmental habitat. The Board requested that the location of potential structures, well, septic and driveway for lot 3 be shown on the final plat and they were added by the applicant.
9. The application was determined to meet the requirements of an Unlisted SEQRA action.
• A Negative Declaration was determined upon review.
10. The Board reviewed if the proposed lot has safe and legal access. The Board concludes that the lot line changes for the “re-subdivided lots” (S/B/L’s 69.3-3-35.230 &.240) will have adequate >/= 50 foot frontage on Pine Ridge Lane. There is no change to the owners accessing Pine Ridge Lane via the previously approved private roadway & road maintenance agreements for the proposed reconfigured subdivision. The one owner having access from Pine Ridge Lane that is not involved in the reconfiguration of the lots was duly contacted and no written response was received as of 7/12/21. The PB secretary received verbal confirmation that this did not present a problem to Ms. Ryan. Lots having access from Route 209 are not changing driveways.
11. The parcels are in the R-2 and AR-3 zoning districts. Upon review, the Board concludes that 4 of the 5 proposed reconfigured parcels meet or exceed the bulk standard requirements for the R-2/AR-3 zoning district. One parcel does not meet the bulk standards, (S/B/L 69.3-3-30), but it does become “less nonconforming” with the lot line adjustments and the changes improve the interior south eastern lot line by moving it to follow an existing stone wall as per §125 – 22 A (11).
• The Board reviewed if the proposed lots could support water and septic. Four lots have existing well and septic and the fifth reconfigured lot shall have well and septic certified as a condition of approval.
12. A Public Hearing was held.

Draft findings were prepared by the Chairman and were read and discussed by the Planning Board in public meeting at the time of adoption.

Adopted July 12th, 2021 by the following vote:
Ayes: 5 Nays: 0 Absent: 0

Motion to adopt findings by Marc Grasso
Second by Patrick Williams
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Major Subdivision- Conditional Final Approval to permitting the subdivision of lands situated at: 22/28 Pine Ridge Lane and 4779/4785 Route 209, Accord, NY.

The subdivision plan dated May 27th, 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. Any and all development shall comply with §125-21 and §125-22;
3. Certification shall be provided indicating lot 3 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.
4. Any future subdivision or changes to lots having access by Pine Ridge Lane, a private road, shall require the consent of all landowners having access by Pine Ridge Lane. The following plat notes shall be included to clearly state on the recorded Final Plat Map:
1. “Private Driveway shall adhere to 140-10 Lot Development Standards (D) (3) Private Road Standards“.
2. “Any further subdivision shall be treated as a major subdivision under subdivision law #125.”
3. “Any and all development shall comply with §125-21 and §125-22”
5. All required Local, County, State or Federal permits shall be secured for the current and future use of these lands.

The Town of Rochester Planning Board further grants Major Subdivision- Conditional Final Approval permitting the subdivision of lands upon satisfactory completion of the conditions of approval 1, 3 & 4 and grants the authority to the Chairman to certify that the conditions have been met and review, sign and date the plat without further resolution at such time.

EFFECT of APPROVAL:

Mr. Pinsky made a motion to grant conditional final approval. Mr. Grasso seconded the motion.

All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions, 2 absent.

PB 2020-06 SBD Public Hearing/Continued Application
Olga Byrne (Owner and Co-Applicant)
Minor Subdivision
Applicant proposes a minor subdivision into three lots of the parcel S/B/L 60.3-2-2.510 (+/- 23.8 acres) located at 2002 Queens Highway, Accord, NY with access by a shared driveway. The current shared driveway is to be abandoned so that it no longer serves the adjacent parcel 60.3-2-51.120 as well as the proposed three lot subdivision. Proposed lots: lot one of +/-9 acres, lot two of +/- 4.9 acres and lot three of 9.9 acres. Parcel is in the R-2 (Low Density Residential) zoning district. Parcel is flat to sloping woodlands and contains a named stream (Gray Creek), ACOE wetlands, and Ulster County Habitat Core Lands.
SEQRA: Unlisted Uncoordinated, Conditional Negative Declaration December 12/14/2020

***Application Tabled*** (Later reopened, as applicant and representatives were late)

PB 2020-07 SBD Public Hearing/Continued Application
Susan Cusack (Owner & Applicant)
Minor Subdivision
The applicant proposes a seven lot (7) subdivision of the parcel. Parcels current use is the Villa Veritas Rehabilitation Center, woodlands and farmlands. Parcel is located on Upper Cherrytown Road, Kerhonkson, NY S/B/L 68.1-1-27 +/- 108 acres and is in the AR-3 Zoning District. Parcel and proposed subdivision parcels contain lands within a FEMA 100 year flood plain, contain a named stream (Mombaccus Creek) and an unnamed tributary stream, hydric soils, prime farmland and farmland of statewide importance, are in the Ulster County AG-3 agricultural district, contain Ulster County Habitat Core lands and are within the UC DOH Aquifer Zone. Proposed new subdivision lots are all to have separate driveway access onto Upper Cherrytown Road and are proposed to be 5 and 3 acres in size.
SEQRA: Unlisted/Uncoordinated

***Application Tabled*** (Later reopened, as applicant and representatives were late)

PB 2021-11SBD Public Hearing/Continued Application
Carmina DiSanto (Owner & Applicant)
Minor Subdivision
Applicant proposes the division of parcel S/B/L 76.4-3-35 (+/-11.23 acres) into two lots, lot two of +/- 2.06 acres and lot one of +/- 9.22 acres. Parcel is located at 58 Stony Road, Accord, NY and is in the R-2 zoning district.
SEQRA: Unlisted/Uncoordinated

Terry Ringler was present on behalf of the applicant.

The applicant is proposing a new well for the new lot. Ms. Christiana stated the need for specifying who will be responsible for the maintenance. Mr. Ringler stated it will be in the easement. Measurements will be present on the final map.

Mr. Grasso made a motion to type application as Unlisted/Uncoordinated for SEQRA. Mr. Jones seconded the motion.

Roll Call:
Chair Lindstrom- Absent Ms. Moloney- Absent
Mr. Zurofsky- Yes Mr. Grasso- Yes
Mr. Williams- Yes
Mr. Jones- Yes
Mr. Pinsky- Yes
All in Favor. Motion Carried.

The Board conducted a SEQRA EAF Part 2 review. Vice-Chair Zurofsky made a motion to classify application as a negative environmental impact. Mr. Jones seconded the motion

Roll Call:
Chair Lindstrom- Absent Ms. Moloney- Absent
Mr. Zurofsky- Yes Mr. Grasso- Yes
Mr. Williams- Yes
Mr. Jones- Yes
Mr. Pinsky- Yes
All in Favor. Motion Carried.

Vice-Chair Zurofsky opened the Public Hearing.

A letter was read from neighbor Carlyn and Michael Maksymuk:

Dear Chair Lindstrom and Planning Board Members,

We are writing to voice support for the proposed subdivision of property located at 58 Stony Road. We appreciate the applicant’s siting of the proposed building at a comfortable distance from adjacent property lines. Several of the surrounding lots, including our own, are non-complying as to lot size and rear/side yard requirements, potentially precluding the possibility of maintaining the low-density, rural residential character of the R-2 zoning district with which our properties are mapped. The proposed building’s siting allows for the potential of a planted buffer to control sightlines, noise, and lighting in such a way that neighboring property owners will be minimally affected. We congratulate the applicant on what looks to be a beautiful project.

Sincerely,
Carlyn and Michael Maksymuk
80 Stony Road, Accord

Mr. Jones made a motion to close the Public Hearing. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions, 2 absent.

Vice-Chair Zurofsky read the final Planning Board Decision:

Applicant: Carmina DiSanto
Owner: Carmina DiSanto

Reason for Request: Applicant proposes the division of parcel S/B/L 76.4-3-35 (+/-11.23 acres) into two lots, lot two of +/- 2.06 acres and lot one of +/- 9.22 acres. Parcel is located at 58 Stony Road, Accord, NY and is in the R-2 zoning district.

Location: 58 Stony Road, Accord, NY
Total Acreage: ±11.23 acres
S/B/L: 76.4-3-35 Zoning District: R-2 (Low Density Residential)
Parcel is in the R-2 (Low Density Residential) Zoning District and contains ACOE named wetlands, a DEC named stream and a pond, collectively which cover approximately 2/3rds of the parcel. The parcel is an important area for rare aquatic plants and an Audubon Important Bird area and an area of significant natural communities

Code Enforcement Determination: Minor Subdivision
Zoning Permit: 461 of 2020

Planning Board Application: 2021-11 SBD
PB Application filed: 3/31/2021 EAF filed: 3/31/2021

SEQR Type: Unlisted, Uncoordinated – 7/12/2021
SEQR Determination: Negative Declaration – 7/12/2021
Other Agency Referrals: N/A

Documents considered by the Planning Board for review

1. Zoning Permit 123 of 2021 determination of Minor Subdivision received & dated 3/31/2021
2. Code Enforcement Determination Letter received 3/31/2021
3. Planning Board Subdivision application 2021-11 SBD received 3/31/2021
4. Letter of Agency from Carmina DiSanto to Terry Ringler
5. Copy of Deed received 3/31/2021
6. Short Form EAF Part 1 received 3/31/2021
7. Preliminary Site Plan received 3/31/2021.
8. NYS DEC Natural Resources Map of parcel and aerial map of parcel, 3/31/2021
9. EAF Mapper Summary Report dated 3/19/2021
10. Letter from NYS DOH waste disposal permitting an easement for septic system received 6/28/2021 and dated 6/24/2021

Notice of Public Hearing:

1. Published in the July 3rd, 2021 edition of the Daily Freeman.
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: 7/12/2021 Place: Harold Lipton Community Center, Accord, NY
Public Comment: (see Minutes of Town of Rochester Planning Board, 7/12/2021)
* * * *
Findings of the Planning Board
1. The Planning Board received zoning referral and determination letter for a minor subdivision from the Code Enforcement Officer.
2. The parcel is in the R-2 zoning district. Applicant proposes the division of parcel S/B/L 76.4-3-35 (+/-11.23 acres) into two lots, lot two of +/- 2.06 acres and lot one of +/- 9.22 acres. The existing plat is filed with the Ulster County Clerk.
3. The current use of the parcel is residential, woodlands and it is largely covered by wetlands/stream/pond. Lot one has an existing single family dwelling, accessory structures, well and septic. Lot two will need well and septic. Town of 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.
4. The applicant’s representative Terry Ringler met with the Planning Board and presented the subdivision map for review. The Board discussed and reviewed the proposed subdivision. The Board noted that the parcel has topographical and ecological constraints with ACOE named wetlands and a DEC named trout stream (the Mill Kill) flowing to a pond, collectively which cover approximately 2/3rds of the parcel. The parcel is an important area for rare aquatic plants, an Audubon Important Bird area and an area of significant natural communities primarily due to the waterbodies. Conversely, the front and front/north eastern side of the parcel is well developed with multiple principal residences, barns and accessory structures, a small vineyard and open field/disturbed/cultivated lands. The proposed new lot two would have the northwestern lot line through the existing pond. The proposed location for a new principal structure on lot two (2) is over 100 feet from the pond high water mark and at the front yard setback of the proposed lot. Proposed development (single family residence and well) is within the well disturbed front area of the existing parcel, leaving the valuable wetland and waterbody areas intact.
5. The application was determined to meet the requirements of an Unlisted SEQRA action.
• A Negative Declaration was determined upon review.
6. A Public Hearing was held.
7. 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 Stoney. A driveway permit shall be required for any and all new access to the Town Highway as indicated on the survey map.
8. 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.
9. The Board reviewed if the proposed lots could support water and septic. Proposed Lot one has existing well and septic. Proposed lot two cannot support well and septic and requires an easement from lot one for placement of the septic on lot one. The Planning Board requested approval of this easement from the NYS DOH and received a NYS DOH permit and acknowledgement/approval of easement for the new lot two (2) waste disposal system.

Draft findings were prepared by the Chairman and were read and discussed by the Planning Board in public meeting at the time of adoption.

Adopted July 12th, 2021 by the following vote:
Ayes: 5 Nays: 0 Absent: 0

Motion to adopt findings by: Rick Jones
Second by: Sam Zurofsky
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Minor Subdivision- Conditional Final Approval permitting the subdivision of lands situated at: 58 Stony Road, Accord, NY.

The subdivision plan dated February 28th, 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 following plat notes shall be included on the recorded Final Plat Map:
1. (1) “The plat is not capable of being further subdivided”.
2. (2) “Subdivision shall adhere to TOR subdivision law §125-21 and -22 General Site Requirements”.
3. (3) “DEC Stream: This property contains a New York State regulated stream, the Mill Kill. For as long as any portion of the property described in this deed is subject to regulation under Article 15 (Protection of Waters) of the Environmental Conservation Law (ECL) of the State of New York, there shall be no regulated activity as defined by Article 15 of the ECL on this property within the bed or banks of this stream at any time without having first secured the necessary permission and permit required pursuant to the above noted Article 15 from the NYS Department of Environmental Conservation (DEC). This restriction shall bind the Grantees, their successors and assigns and shall be expressly set forth in all subsequent deeds to this property.”
4. “(4) Rochester Waterway: As per the Code of the Town of Rochester §140-12(E), each lot fronting on a named stream depicted on United States Geological Survey maps shall include a setback of 100 feet in depth from the high water mark of such stream. No principal structure shall be located within such setback, except by Planning Board authorization provided other mitigating measures such as deed covenants limiting clearing near the stream are employed to protect stream quality.”
5. “The principal structure and access drive shall be constructed and placed specifically as indicated on the plat survey as a condition of receiving a building permit.”
3. The Applicant shall secure a driveway permit for the new proposed lot two (2) prior to receiving a building permit.
4. The Applicant shall secure a deeded easement for the proposed lot two (2) septic to be placed on lot one (1) as indicated on the Survey map.
5. Due to the constrained nature of the new lot two (2) (pond, wetlands, stream, limited room after yard setbacks and 100 foot waterbody setback) the principal structure and access drive shall be constructed and placed specifically as indicated on the plat survey as a condition of receiving a building permit.
6. An erosion and sediment control plan shall be prepared and included in the plan set to mitigate runoff and/or erosion from any construction into the pond & stream.
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 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 Minor Subdivision- Conditional Final Approval permitting the subdivision of lands upon satisfactory completion of the conditions of approval 1 & 2 and grants the authority to the Chairman to certify that the conditions have been met and review, sign and date the plat without further resolution at such time.

EFFECT of APPROVAL:

Adopted July 12th, 2021, by the following vote:
Ayes: 5 Nays: 0 Absent: 0

Motion made by: Patrick Williams
Second by: Marc Grasso

Barry Medenbach, Heather Gabriel, and Suzanne Cusack were present on behalf of the Cusack application. Elizabeth Axelson of CPL, the Town’s consulting engineering firm was also present.

Liz Axelson of CPL, the Town’s consulting engineering firm presented a draft SEQRA Part 2 and Part 3 with rationale for Part 3, which was discussed by the Board, applicant, and consulting engineer. Vice-Chair Zurofsky made a motion to adopt EAF part 2 and 3 and negative declaration. Mr. Pinsky seconded the motion.

Roll Call:
Chair Lindstrom- Absent Ms. Moloney- Absent
Mr. Zurofsky- Yes Mr. Grasso- Yes
Mr. Williams- Yes
Mr. Jones- Yes
Mr. Pinsky- Yes
All in Favor. Motion Carried.

Vice-Chair Zurofsky opened the Public Hearing. Two neighbors of Ms. Cusack presented. Two letters of support were read. Madeline Russo of the Environmental Conservation Commission shared her thoughts in a letter (not representative of the ECC’s opinions):

July 12, 2021

ATTN: Maren Lindstrom, cc TOR Planning Board
RE: PB 2020-07 Susan Cusack (Owner & Applicant) Minor Subdivision

To Maren Lindstrom and the Town of Rochester Planning Board,

I would like to submit personal comment regarding the proposed minor subdivision along Cherrytown Road. Having driven past this property nearly every day for the last five years, I’m very familiar with the frontage and with the surrounding area, and while I appreciate the applicant’s consideration of the floodplain through a conservation easement, there is simply no scenario in which the Mombaccus is sufficiently unaffected by this development. The slope analysis map submitted along with the application says more than I could with regard to the risk this poses to both the surface water and groundwater resources on this parcel.

The New York Department of State partnered with the DEC and other partners to create model local laws to help local governments be more resilient to climate change and extreme weather events, and their recommendations identify six criteria where any one of each would prompt a subdivision applicant to submit a report evaluating the detailed environmental impacts of their project; this application has four of the six: land within the 100 year floodplain, wetlands/watercourses identified and regulated by the DEC or federal government, land with a slope 15% or greater, and farmland of statewide importance. Given the Town of Rochester’s unique susceptibility to flooding as well as our dependence on groundwater for drinking water, these are crucial considerations.

I am skeptical of the EAF’s assertion that there will only be a total of 0.8 acres of impervious surface resulting from this development, (and I would like to point out that EAF E.1.a does not acknowledge the presence of wetlands/waterways on the property or adjoining properties, so it’s possible there are more errors?) — six new homes, driveways, wells and septic systems will cause a lot of disturbance on land that is at 10%+ slope, and the introduction of 1980 additional gallons of water being used and disposed of on a daily basis in addition to that development has severe implications for the wetlands, the Mombaccus, and everyone who lives downstream — especially the two historic farms that are downstream. The New York Rural Water Association recommended more than 15 years ago that any project requiring 2,000 gallons/day or more should submit a hydro geologic study to ensure that groundwater replenishment and well yields surrounding the development are not detrimentally affected — I would recommend the same for this, even though this submission estimates just short of that.

Again, even just eyeballing the road frontage of these properties can only result in raised eyebrows — it will be a lot of work to put homes on those slopes, and the Mombaccus is a crucial waterway. If our existing code allows this type of development on this land, I can only say that our code desperately needs updated. I strongly urge the Planning Board to request that the applicant solicit further evaluation of the environmental and groundwater impacts and resubmit for review.

Thank you,
Madeline Russo

Vice-Chair Zurofsky made a motion to hold the Public Hearing open until the August 9th meeting. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions, 2 absent.

*** Barry Medenbach, Heather Gabriel, and Suzanne Cusack were present on behalf of the Byrne application. Elizabeth Axelson of CPL, the Town’s consulting engineering firm was also present.

Ms. Axelson stated limiting this subdivision to two lots eliminated many concerns. Major concerns regarding whether the Board thinks more lawn area is necessary. Mr. Medenbach discussed there should be no need for more tree removal and the site is adequate to construct a home. Comment will be removed. Board is aiming for a negative declaration and placing conditions on the approval. CPL comment #7a-f will be addressed at the next meeting. Ms. Christiana advised to continue public hearing, close the public hearing, then amend the SEQR determination at the next meeting to reflect the change from a three lot subdivision to a two lot subdivision.

Vice-Chair Zurofsky opened the Public Hearing.

Susan Gray presented the issue of a driveway vs. a private road. Concerns exist regarding the water that accumulates by the road. Brian Gray presented the issue of major flooding and the culvert pipe needing replacement or to be cleared.

Mr. Grasso made a motion to close the Public Hearing. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions, 2 absent.

Medenbach & Eggers will discuss points from consulting letter with CPL separately.

PB 2021-07 SBD Continued Application
CDG Ridgeview, LLC c/o Ryan Scully (Owner and Applicant)
Minor Subdivision & Lot Line Improvement
Applicant proposes the combination of two lots S/B/L +/- 68.1-1-47 and S/B/L 68.1-1-48 (+/- 69.44 acres when combined) to then be divided into a five-lot subdivision. Parcels are in the R-5 zoning district and are located on Ridgeview Road, Kerhonkson, NY (contiguous to 227 Ridgeview Drive). Parcel contains NYS DEC forest conditions of top 20%/core forest lands/Ulster County Habitat Core Lands and DEC identified possible wetlands.
SEQRA: TBD

***Applicant not present***

Elizabeth Axelson present on behalf of CPL, the Town’s consulting engineering firm. Initial review letter has been completed by CPL. No new submissions have been received aside from a map with Sharpie markings on it and septic permits from the Health Dept. for each lot. No response to the CPL letter and applicants stated they were not aware they were on the agenda. If they submit necessary documents, they will be placed on new agenda. Ms. Christiana stated applicants apologized for missing the meeting. Ms. Axelson stated the need for new plan submittal and response to comments to the engineer. Word document of CPL letter to be sent to engineer following the meeting.

Mr. Grasso made a motion to table the application and schedule for August 9th contingent on responses to the CPL comments by July 26th at 3:30pm. Mr. Jones seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions, 2 absent.

PB 2021-01 SUP/SPA Pre-Application
Dan Getman (Owner & Applicant)
Special Use Permit & Site Plan Approval
Applicant proposes the use of an existing barn for parties, music and charity events (various Commercial Special events). Parcel is located at 92 St Josen Place, Accord, NY S/B/L 77.3-2-7.114 (+/- 21.4 acres). The parcel is in the R-5 zoning district. Surrounding parcels are residential. Peter’s Kill runs along one border of the parcel, and the parcel contains step slopes leading to Peter’s Kill. A small portion of the parcel is contiguous to Ulster County Agricultural District Lands. Parcel contains 2 wells and septic and 2 principal dwellings, barn, and small accessory structures.
SEQRA: TBD

Narrative is cut off. Mr. Getman sent a new version of the narrative. Mr. Getman explained he uses the barn on his property for community dances. He does not want to run a business, collects proceeds from small events that then gets donated to various charities. Would love to have outside people come and do workshops in the barn space. A neighbor complained, the Code Enforcement Office recommended the Special Use Permit. Would be used for recreational, not commercial purposes. Attendance has ranged from 2 to 50 people at the most. No noise complaints that he is aware of. Approximately 2 to 4 workshops a month held. It was recommended Mr. Getman schedule a meeting with Chair Lindstrom following this meeting. Commercial recreational is not limited to a certain number of events but will be determined in the future.

PB 2021-09 SBD Pre-Application
Robert L Smith (Owner & Applicant)
Minor/Conservation Subdivision
Applicant proposes the subdivision of parcel S/B/L 77.3-2-18.111 (+/- 42 acres) into three lots. Lot A of +/- 8.5 acres to retain existing single-family dwelling and studio with well and septic with conservation easement placed for no further subdivision, Lot B of +/- 21 acres to have a conservation easement placed on +/- 18 acres of the 21 acres. Lot C of +/- 12.5 acres is to have a conservation easement placed on the entire lot and is proposed to be used as access to Minnewaska State Park. All lots are proposed to be deed restricted and placed into conservation easement with the Rondout Esopus Land Trust. Parcel is located at 169 Lawrence Hill Road, Accord, NY and is in the AR-3 zoning district. Parcel contains a small section of farmland of statewide importance, Ulster County Habitat Core Lands of high importance,
SEQRA: TBD

***Applicant requested to be moved to next month’s meeting’s agenda***

PB 2021-10 SBD Pre-Application
Maureen Kelly (Owner & Applicant)
Minor Subdivision
Applicant proposes a 2 lot minor subdivision of S/B/L 60.3-1-6.2 (+/- 14.78 acres) into lot one of approximately 5 acres to retain an existing single family dwelling, garage and pool with existing well and septic and lot two of +/- 9.8 acres to contain existing horse barns, and corrals with the intention to construct a single family dwelling.
SEQRA: TBD

Terry Ringler present on behalf of the applicant. Initial maps received. Topo is needed for map and the shared driveway agreement. Will need to make these changes before scheduling the public hearing.

OTHER MATTERS
• Kortright SBD Sightlines
o It was discussed that this applicant will need sightlines on the map.
• Town of Rochester Supervisor Third Request for comments on proposed Short Term Rental Law
o Chair Lindstrom wrote letter with Planning Board response.
Mr. Zurofsky made the motion to send the letter, Mr. Williams seconded the motion. All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions, 2 absent.

• Mr. Pinsky brought up the need for better parking signs at Sleeping Giant. Discussion resulted in advising Mr. Pinsky to make a
complaint to the Code Enforcement Officer regarding any issues.

ADJOURNMENT

Mr. Williams made the motion to adjourn the meeting at 10:40pm. Vice-Chair Zurofsky seconded the motion.

All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions, 2 absent.

Respectfully submitted,

Nicole Knapp, Secretary
Accepted and Adopted: