TORPB
7/12/2023
REGULAR MEETING
PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NY
845-626-2434
MEETING MINUTES OF July 10th, 2023, REGULAR MEETING OF Town of Rochester PLANNING BOARD held at 7:00PM 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:
Marc Grasso
Patrick Williams
Maren Lindstrom
Rick Jones
Zachary Jarvis
Zorian Pinsky
Ann Marie Moloney
ALSO PRESENT: Jazmyne Wilhelm, Dave Church, Dave Gordon
APPLICATION REVIEW:
PUBLIC HEARING:
Application # PB 2023-167 Applicant/Owner: Inness NY LLC Type: SPA Representative: Nadine Carney / Peak Engineering Zoning: AR-3 Property Location: 10 Bank St SBL: 77.1-1- 1.100 SEQRA: Type II Status: Continued Application / PUBLIC HEARING DESCRIPTION: The applicant proposes a new utility barn located in an existing business with an existing site plan approval. This application is to amend the current SPA and add the utility barn.
Chair Grasso requests that the applicant supply a bond of 125% of the proposed materials, which is part of the planning board code 140-15, to be held in escrow for the landscaping. The applicant will provide an estimate for the materials. The Board agreed with the landscaping plan as presented. The Board agrees that all proposed landscaping (inclusive of fencing) and signage will have to be in place before a CO is issued for the new maintenance facility as a condition of approval. The applicant is going to add a sign on the corner of the property near the road too help with guests entering the property. The board agreed that a light being added to the sign would not be helpful to the neighboring properties. The board is waiting for the noise study results. It has been suggested to add a fence to block the headlights of the cars leaving the event
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barn. The board stated that the shipping containers that are currently being used as storage be removed prior to approval.
Ms. Lindstrom made a motion to close the public hearing.
Mr. Jarvis 2nd the motion.
All in favor 7 yes, 0 no, 0 abstain.
Application # PB 2022-187 Applicant/Owner: Wild Lands Holding Company LLC / Michael Fink Type: Minor SBD Representative: Bob James / A. Diachishin & Assoc. Zoning: R-5 Property Location: TBD Rock Hill Rd. SBL: 77.2-4-18-110 SEQRA: Undecided Status: Continued Application/ PUBLIC HEARING DESCRIPTION: The applicant proposes a 60.64 acre, 4-lot subdivision with a revised sketch plan.
The board needs the final road maintenance agreement. The Board reaffirmed that a full SWPP was not necessary.
Ms. Lindstrom made a motion for an unlisted uncoordinated SEQRA action. Motion 2nd by Mr. Jarvis. The board did a roll call vote. Mr. Grasso, Mr. Williams, Ms. Lindstrom, Mr. Jones, Mr. Jarvis, Mr. Pinsky, Ms. Moloney all said yes, 0 no, 0 abstain.
The board went through the SEQRA short EAF pt 2 form and all decided on no or small impact. Chair Grasso read the SEQRA part 3 response.
Ms. Lindstrom made a motion for a negative declaration.
Mr. Williams 2nd the motion. All in favor, 7 yes, 0 no, 0 abstain.
Public hearing comment
Theresa Morris. “This will affect us due to the construction and addition of neighbors and traffic on our road. We are wondering where the houses will be located?” Chair Grasso explained that she can go to the town for further information on the location of the houses. Mr. Jones stated that the board eliminated one of the houses being built on one lot due to wetlands so there will only be 3 houses being built not 4.
Ms. Lindstrom made a motion to close the public hearing.
The motion was 2nd by Mr. Williams. All in favor, 7 yes,0 no, 0 abstain.
Application # PB 2023-078 Applicant/Owner: 15 Railroad LLC Type: Minor SBD Representative: Turu Illgen / Turu Illgen Architect Zoning: R-2 Property Location: 35 Hill Rd SBL: 60.3-2-21 SEQRA: Undecided Status: Continued Application/ PUBLIC HEARING DESCRIPTION: Applicant proposes the following: Lot 1: +/- 2 acres, Lot 2: +/- 2 acres. The current parcel is +/- 4 acres. The applicant has met zoning requirements and no physical restrictions apply.
Ms. Lindstrom asked that the language in the map notes be updated to include standard notes on “Shall adhere to 125-21 and 125-22 language and “any further SBD shall be considered a major SBD language. Mr. Pinsky requested the soil types be added to the map.
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Mr. Jarvis made a motion to open the public hearing. The motion was 2nd by Ms. Moloney. All in favor 7 yes, 0 no, 0 abstain.
Mr. Williams made a motion to close the public hearing. Ms. Moloney 2nd the motion. All in favor 7 yes, 0 no, 0 abstain.
The board discussed going over the decision and decided to wait to review the decision due to public officers law section #103.
NEW APPLICATION:
Application # PB 2023-320 Applicant/Owner: Frances and John Nodar Type: LLI Representative: Andrei Cervoneascii Zoning: R-5 Property Location: 216 City Hall Rd. SBL: 68.3-1-33.120, 68.3-1-33.110 SEQRA: Type II Status: New Application DESCRIPTION: The application was approved 7 months ago, but the applicant did not get the maps submitted in time for signature. This application proposes no changes, and the applicant is seeking re-approval.
Ms. Lindstrom made a motion to recertify the maps. Mr. Jarvis 2nd the motion. All in favor, 7 yes, 0 no, 0 abstain.
CONTINUED APPLICATIONS:
Application # PB 2022-656 Applicant/Owner: Anthony Kawalchuk Type: Minor SBD Representative: Terry Ringler / Ringler Land Surveying Zoning: B Property Location: 2 Aevo Rd SBL: 77.1-1-26.100 SEQRA: Undecided Status: Continued Application DESCRIPTION: The applicant proposes a 2-lot subdivision which divides the current structure from the property adjacent to 209. The applicant has met zoning requirements and no physical restrictions apply.
The representative and applicant supplied all of the necessary items needed for SHPO. Ms. Lindstrom made a motion to set for public hearing. Ms. Moloney 2nd the motion. All in favor, 7 yes, 0 no, 0 abstain.
Application # PB 2023-237 Applicant/Owner: Potokar/Rosenfield Type: Minor SBD Representative: Bill Eggers / Medenbach & Eggers PC Zoning: R2 Property Location: Boodle Hole Rd SBL: 68.4-1-3 SEQRA: Undecided Status: Continued Application DESCRIPTION: The applicant proposes a 9.21 acre, 2 lot subdivision inclusive of a 3.03 acre lot and a 6.18 acre lot. The applicant has met zoning requirements and no physical restrictions apply.
The applicant and representative decided to move forward with a minor subdivision instead of doing a lot line improvement. The board requests that the representative add the following to the map, wetlands, hydric soils, DEC trout stream note, 100ft stream buffers, 125-21, 125-22, AP overlay, core forest and tree line, and well relocation 100ft away from property line. A wetlands study needs to be done and sent to Bruce Barber for review. The applicant was asked to set up an escrow account with the town in the amount of $2,000.
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Application # PB 2023-193 Applicant/Owner: Alex Louis Type: LLI Representative: Bill Eggers / Medenbach & Eggers PC Zoning: AR3 Property Location: 95 Lower Whitfield Rd SBL: 68.4-4-14, 13 SEQRA: Type II Status: Continued Application DESCRIPTION: The applicant proposes a Lot Line Improvement conveying 2.6 acres of land to create two revised sized lots. The applicant has met zoning requirements and no physical restrictions apply.
Ms. Lindstrom made a motion to certify the lot line. Mr. Jones 2nd the motion. All in favor, 7 yes, 0 no, 0 abstain.
NEW APPLICATIONS:
Application # PB 2023-124 Applicant/Owner: Dan Richfield Type: Minor SBD Representative: Bill Eggers / Medenbach & Eggers Zoning: R2 Property Location: 138-140 Queens Hwy SBL: 68.4-6-6 SEQRA: Undecided Status: New Application DESCRIPTION: The applicant proposes a 2-lot subdivision taking an existing lot with 2 existing structures and dividing it into 2 lots creating a new flag lot. The applicant has met zoning requirements and no physical restrictions apply.
The board went over the protocol for a flag lot. The board requested a shared driveway agreement. A new lot density for lot #1 needs to be updated on the map removing the road frontage to remove the proposed new (second) flag lot. The following areas with corresponding map notes need to be added, topo, prime and statewide importance farmlands, biologically important area, AP overlay, delineation of waterways, the flood zone in the back of the property, and the creek name needs to be changed from Rondout to Mombaccus.
Application # PB 2023-329 Applicant/Owner: Barry Estate C/O Daniel Barry / Barbara Thom Type: Minor SBD Representative: Bill Eggers / Medenbach & Eggers Zoning: Hamlet Property Location: 170 Stony Kill Rd SBL: 77.3-1-49.100 SEQRA: Undecided Status: New Application DESCRIPTION: This is an estate where the heirs are the applicants who propose a 2-lot subdivision taking an existing lot with 1 existing structure and dividing it into 2 lots. The applicant has met zoning requirements and no physical restrictions apply.
The board requested that the following map notes be added, AP overlay zone, 100ft stream buffers, lot access that meets curb cut requirements, proposed driveway, proposed house site, proposed well, proposed septic, prime farmlands, hydric soils/wetland soils around Kill, (huge riparian buffer area) and known important area for rare plants. Show other disused structures on map and indicate staying or going add map noted as standard: shall adhere to 125-21 and 125-22 language and any further SBD shall be considered a major SBD map note language
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MINUTES:
The following minutes were proposed for approval.
April 12th, 2023
A motion to approve was made by Mr. Jones. Motion 2nd by Mr. Jarvis.
All in favor, 7 yes, 0 no, 0 abstain.
April 24th, 2023
A motion to approve was made by Mr. Jones. Motion 2nd by Mr. Williams. All in favor, 5 yes, 0 no, 2 abstain (Ms. Lindstrom and Mr. Pinsky).
May 8th, 2023
A motion to approve was made by Mr. Jarvis. Motion 2nd by Ms. Lindstrom. All in favor, 7 yes, 0 no, 0 abstain.
June 12th, 2023
A motion to approve was made by Mr. Jarvis. Motion 2nd by Ms. Lindstrom. All in favor, 7 yes, 0 no, 0 abstain.
OTHER MATTERS:
A motion to cancel the July 26th, 2023, workshop meeting was made by Ms. Lindstrom. 2nd by Mr. Jones. All in favor, 7 yes, 0 no, 0 abstain.
A motion was made by Mr. Jones to send Inness to the Ulster County Planning board. 2nd by Mr. Williams. All in favor 7 yes, 0 no, 0 abstain.
ADJOURNMENT:
A motion to adjourn was made by Mr. Williams at 8:19PM. 2nd by Mr. Jones. All in favor, 7 yes, 0 no, 0 abstain.
Respectfully submitted,
Jazmyne Wilhelm,
Secretary