PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NY
845-626-2434
MINUTES MEETING OF JUNE 13, 2022 REGULAR MEETING OF Town of Rochester PLANNING BOARD held at 7:00PM at the Harold Lipton Community Center and streamed live via YouTube.
Chair Jones called the meeting to order at 7:00PM and asked everyone to stand for the Pledge of Allegiance.
Chair Jones did roll call attendance.
PRESENT: ABSENT:
Rick Jones, Chair Zorian Pinsky
Patrick Williams Mary Lou Christiana, Attorney for the Town
Sam Zurofsky
Maren Lindstrom
Marc Grasso
Zachary Jarvis
Ann Marie Moloney, Alternate
ALSO PRESENT: Liz Axelson, Planning Consultant, CPL
ANNOUNCEMENTS AND COMMUNICATIONS:
– No current announcements or communications
TRAINING:
– All current training opportunities have been forwarded to all members of the Planning Board.
ACTION ON MINUTES:
– The Board did not make anymotions regarding the May 9 Regular Meeting or May 24 Workshop Meeting minutes.
APPLICATION REVIEW:
1. PB 2021-05 SPA (Site Plan Approval) Continued Application/PUBLIC HEARING
Lucky Petroleum
S/B/L 76.1-3-28.100 – Rte. 209
Khattar Elmassalemah and Surinder Cheema were present on behalf of the application.
Chair Jones asked if any members of the public were present to speak at the continued public hearing. No members of the public present.
Ms. Lindstrom made a motion to close the public hearing. Mr. Grasso seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent
Chair Jones referenced Section 140-15(E) which allows the applicant to propose an estimate of the cost of landscaping. Currently, an estimate of $10,000 has been presented and will be provided in writing. Chair Jones stated it will be required for the applicant to post 125% of the estimated cost (bond, cash, escrow, etc.). The funds will remain with the Town for a total of one year to ensure the landscaping is adequate and adheres to the conditions of the decision.
Ms. Axelson prepared a draft decision which was posted on the Town of Rochester website prior to the meeting for public viewing.
Chair Jones read the draft decision:
Decision: PB 2021-05 SPA
Site Plan Approval Conditional Approval
Applicant: Lucky Petroleum, Inc.
Reason for Request: Proposesthe construction of a 2,900 square foot (SF) retail structure, with drive-through service, new gasoline pumps with a canopy, a new 32.4+ SF, 2-sided free-standing, pole sign on an existing commercial lot; with an existing 5,500 SF commercial structure, former gasoline pumps to be removed, an existing 52+ SF, 2-sided free-standing, pole sign, and existing driveways, parking areas, signs; and an existing 2-family residential structure with a separate driveway and parking area. Detailed plans show site development, renovation, and striping of existing parking areas with defined pedestrian crossings and a sidewalk along the site’s frontage, attractive architecture and improvements to the existing structure’s exterior, stabilization, and landscaping. The proposal requires Site Plan approval ofS/B/L 76.1-3-28.100, which is +/- 3.208-acre parcel.
Location: 6101-6117 Route 209, Kerhonkson, NY
Total Acreage: +/- 3.208 acres
S/B/L: S/B/L 76.1-3-28.100
Zoning District: B (Business)
The applicant proposes site redevelopment via a site plan approval as described above. The parcel’s current use is commercial and residential as described above. The Proposed Site Plan sheet indicates a septic system area, and the Existing Site Plan and Site Demolition Plan sheets identify an existing well to be abandoned. The parcel is located on U.S. Route 209, for which access is regulated by the New York State Department of Transportation (NYSDOT).
SEQRA: Unlisted/Uncoordinated, and Negative Declaration on May9, 2022
Code Enforcement Determination: Site Plan Approval
Zoning Permit: 21/693, dated 12/10/21
Planning Board Application: 2021-05 SPA
PB Application filed:12/23/2021
EAF filed:12/23/2021
Other Agency Referrals:Ulster County Planning Board, Accord Fire Department
WHEREAS, an application for site plan approval was submitted to the Planning Board for the project as follows:
• the application was submitted by Khattar Elmassalemah, agent for Lucky Petroleum, Inc. (the “Project Sponsor”);
• “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 applicantspaid theirapplication 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 Scheduleand in agreement with the provisions of the Code of the Town of Rochester (TOR), Chapter 140, Section 140-63 of the Code of the Town of Rochester.
• the applicant submitted a ten sheet (10-sheet) set of drawings, prepared by Khattar Elmassalemah, PE, Vice President, Praetorius and Conrad, P.C., Professional Engineering and Land Surveying, as more fully listed at the end of this resolution, which includes a plan sheet entitled Proposed Site Plan Prepared for Lucky Petroleum Inc., which set also includes sheets depicting the existing site, demolition, erosion and sedimentation control, lighting, lighting, landscaping, architecture and site development details; and
• the application was received by the Planning Board on 12/23/21;
• the application was referred by the Planning Board of the Town of Rochester to the Town Consulting Planner and Engineer, and theTown Planning Board Attorney;
• the materials reviewed are listed at the end of this resolution;
• the plans and other materials were reviewed in accordance with the provisions of the Code of the Town of Rochester (TOR), Chapter 140, Zoning, Article VII, Sections 140-44.1 through 140-54, and 140-56, regarding site plan requirements and procedures, including bonding of site improvements, and other zoning provisions and supplementary regulations regarding parking, signs, landscaping, and lighting, etc.; 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 May 9, 2022; and
WHEREAS, the Planning Board reviewed the Application, and all supporting documentation and information pursuant to the standards and criteria for site plan approval set forth in the Code of the Town of Rochester, Chapter 140, Zoning, including all pertinent requirements and standards therein; and
WHEREAS, the Planning Board opened and held a duly noticed public hearing on the completed Application pursuant to Chapter 140, Code § 140-48. On May 9, 2022, which hearing wascontinued and then closed on ______ (June 13, 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 site plan is located in a B zoning district and requires a site planapproval per correspondence from the Code Enforcement Officer received December 23, 2021;
2. The proposedsite redevelopment, with the application being processed as a Site Plan, would result in the construction of a 2,900 square foot (SF) retail structure, with drive-through service, new gasoline pumps with a canopy, a new 32+ SF, 2-sided free-standing, pole sign on an existing commercial lot; with an existing 5,500 SF commercial structure, former gasoline pumps to be removed, an existing 52+ SF, 2-sided free-standing, pole sign, and existing driveways, parking areas, signs; and an existing 2-family residential structure with a separate driveway and parking area. Detailed plans show site development, renovation, and striping of existing parking areas with defined pedestrian crossings and a sidewalk along the site’s frontage, attractive architecture and improvements to the existing structure’s exterior, stabilization, and landscaping. The proposal was discussed at regular meetings of the Planning Board held on January 10, 2022; March 14, 2022; April 11, 2022; May 9, 2022; and June 13, 2022, during which the Planning Board, its consultant and the Applicants representative discussed the site’s natural features including the site’s topography, existing and proposed land uses, improvements, access, parking, architecture, lighting, and landscaping; and
3. 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 dated December 16, 2021, including:
a. The site is already fully developed with the existing features described above including existing commercial and residential uses, existing paved driveways, and parking areas on S/B/L 76.1-3-28.100; and the site is proposed to be redeveloped as described above, including improvements to the exterior of the existing commercial building. Accordingly, due to the use and improvement of existing developed areas, there will be no change in or increase in stormwater runoff from the proposed site plan, or other land development effects; and
b. The proposed site development will comply with the B zoning district lot area and bulk requirements and pertinent site plan design standards and requirements.
4. Applicant referred the project to New York State Department of Transportation and the Board is in receipt of response on 3/28/22. Response dealt only with matters of the sidewalk along Route 209. Matter has been dealt with by the applicant in that they agreed to build the sidewalk once Town of Rochester decides that it wishes to see sidewalks in this area of Route 209.
5. Applicant referred the project to New York State Parks and Recreation (SHPO) by electronic submittal via the Cultural Resource Information System (CRIS) and the Planning Board is in receipt of response dated 3/1/22. SHPO replied back that the project would have no impact on any archaeological and/or historic resources listed in or eligible for the New York State and National Registers of Historic Places.
6. Applicant submitted an Agricultural Data Statement with an attached map showing agricultural lands contiguous to the applicants parcel as required by the Town of Rochester dated 2/28/22. Planning Board finds it to be in order.
7. Applicant wrote to and received letter back from Accord Fire Department dated 4/6/22 stating that the project is suitable for the Fire Company and the Fire Company has no further comments.
8. Board finds that the landscaping plan will be adequate with the additional plantings of small shrubs at the base of each of the two signs. In addition, the board will require surety toensure that the landscaping is properly installed and maintained in accordance with Town of Rochester Code section 140-15 (E).
9. Board finds that the addition of 4 EV charging stations is acceptable.
10. Board held a Public Hearing on May 9, 2022 after first having made a SEQR determination that the project will have no significant impacts on the environment and therefore issuing a Negative Declaration.The Public Hearing was left open until the next regular meeting of the Board on June 13, 2022.
11. Public Hearing, which was left open, was continued at the regular meeting of the Board on June 13, 2022, and was then closed.
These Findings having been prepared by the Board and read and discussed at the meeting of June 13, 2022.The Board hereby Adopts these Findings on June 13, 2022, by the following Vote:
Ayes: _6_ Nays: _0_ Absent: _1_
Motion to adopt findings by: _Sam Zurofsky_
Seconded by: _Patrick Williams_
WAIVERS
Two waivers were requested for the project, one dealing with parking requirements and the other dealing with square footage of the second of two signs that will be on the property, and which replaces one of the current signs:
1. Parking Waiver.
The submitted project plan set has been revised in response to the Planning Board’s and the Board’s Planning Consultant’s comments; and generally, in accordance with all of the requirements, standards and guidelines listed in Zoning section 140-17., A. to J. regarding parking, loading, access, and traffic standards. Parking calculations have been provided on plan sheet 4 of 10, the Proposed Site Plan sheet.The number of proposed spaces that may be counted per code requirements is 42 (34 standard, plus 2 handicap spaces, plus 6 at the pumps)is 10spaces less than the required number of parking spaces of 52.It should be noted that the spaces (6) for cars at the pumps do not meet the 10’ by 20’ parking space dimensions. At the Workshop Meeting of May 9, 2022, a letter was submitted from applicant requesting the waiver; the waiver was granted.
2. Sign Waiver
The sign area for the proposed free-standing pole sign is 32.4 SF, which is 0.4 SF or 1.25 percent (%) over the maximum allowed sign area of 32 SF. Zoning section 140-47 Waivers., subsection E. allows modification of standards in the Zoning Chapter of up to 10%. Board approved a waiver of sign square footage at the May 9, 2022 regular meeting of the Planning Board. Sign is 15 feet high which is within code. Note that the site already has an additional free-standing sign that the owner does not plan to remove or alter. The existing free-standing sign is 18’ high and contains 4 business sign slots with total area of 47 SF. This sign is grandfathered into the plan.
NOW THEREFORE BE IT RESOLVED, the Planning Board of the Town of Rochester reaffirms the following waivers granted on May 9, 2022:
1. a partial waiver of parking requirements such that the total number of proposed parking spaces (42), including parking around the existing and proposed commercial buildings (32), plus those located under the gas pump canopy (6), and spaces for the 2-family dwelling (4), shown on the Proposed Site Plan sheet, provide sufficient parking for the proposed site development; and
2. a partial waiver to allow sign area that is 1.25 percent (%) over the maximum allowed sign area of 32 SF.
The Board hereby Adopts the above-described partial waiver of parking requirements; and above-described partial waiver to allow additional sign area, on June 13, 2022, by the following Vote:
Ayes: _6_ Nays: _0_ Absent: _1_
Motion to adopt findings by: _Sam Zurofsky_
Seconded by: _Zachary Jarvis_
ULSTER COUNTY PLANNING BOARD (UCPB)
WHEREAS, the Planning Board referred the Application for review by the UCPB pursuant to NYS GML section 239; and
WHEREAS, the Planning Board received recommendations on the Application from the UCPB on May 4th, 2022 and acted at a Workshop Meeting of May 24, 2022 as follows:
1. Transportation
Comment
The applicant is proposing to modify the existing curb cuts and traffic patterns for the site. Truck turning templates have been provided. The site also indicates a proposed drive-thru with no vendor name supplied and a queue of nine vehicles. The plans also indicate a “future” sidewalk along the frontage.
Required Modification
The applicant will need to obtain a commercial highway work permit from NYSDOT for the proposed modifications. The vendor for the drive-thru will need to be identified to help with calculations regarding peak queue lengths and what impacts those queues will have at peak hours of operation from both an internal traffic movement perspective as well as potential impacts on the State Route. The proposed sidewalk, in the state right-of-way, will also require the review of NYSDOT as will any additional plantings. The use of additional street trees along the frontage, provided they do not obstruct sight distances, is recommended.
Response
Required Modification 1: “obtain a commercial highway work permit from NYSDOT” Obtaining a commercial highway work permit from the NYSDOT shall be a condition of approval before a Certificate of Occupancy is issued”: “Any and all other agencies’ permits or approvals which are currently required or any which may be determined in the future to be required in conjunction with the construction and/or operation of this use shall be secured or renewed as applicable. Should any conditions imposed by other agency permits cause conditions to be in conflict, the more restrictive condition shall prevail” is a standard condition of approval.
UCPB Required Transportation Modification #1 is accepted and adopted May 24th, 2022 by the following vote:
Ayes: 7 Nays: 0 Absent: 0
Motion by Chair Jones
Second by Mr. Zurofsky
Required Modification 2: “…calculations regarding peak queue lengths and what impacts those queues will have at peak hours of operation from both an internal traffic movement perspective as well as potential impacts on the State Route.” The proposed vendor is Dunkin’ Donuts, LLC. The ingress/egress and estimated queuing lengths were reviewed by the NYS DOT and the TOR consulting engineer. Both parties stated that internal traffic movements and queueing was sufficient and safe.
UCPB Required Modification #2 is overruled by supermajority May 24th, 2022 by the following vote:
Ayes: 7 Nays: 0 Absent: 0
Motion by Chair Jones
Second by Ms. Lindstrom
Required Modification 3: “The use of additional street trees along the frontage, provided they do not obstruct sight distances, is recommended”. The Town of Rochester Landscaping Code 140-15 requires at least one deciduous tree every 35 feet. Review by the Planning Board of the configuration of the site and the provided landscape plan determined the number of deciduous trees shown to be sufficient for the site. The landscaping strip(s) shall otherwise comply with 140-15 (6). All other size criteria for landscaping and other elements of 140-15 shall be adhered to and landscape bonding shall be a condition of approval.
UCPB Required Modification #3 is overruled by supermajority May 24th, 2022 by the following vote:
Ayes: 7 Nays: 0 Absent: 0
Motion by Chair Jones
Second by Mr. Grasso
Required Modification 4: “The proposed sidewalk, in the state right-of-way, will also require the review of NYSDOT as will any additional plantings”. The proposed sidewalk has been reviewed by the NYSDOT and the NYSDOT recommended labeling as “proposed sidewalk” which has been done by the applicant as no sidewalk is to be built at this time. If a community sidewalk project is undertaken in the future the applicant shall coordinate review with the NYS DOT
UCPB Required Modification is accepted and adopted May 24th, 2022 by the following vote:
Ayes: 7 Nays: 0 Absent: 0
Motion by Ms. Lindstrom
Second by Mr. Williams
2. Signage
Comment
The proposed sign appears to be a free-standing sign that exceeds the square footage requirements, which are set at a maximum of 32 square feet in the B zone. As proposed, the sign is greater than twice what is allowed in the Zone on a single side. The zoning statute also calls for large freestanding signs to be landscaped and located as close to the ground as possible
Required Modification
As currently configured, the proposed sign will require a variance of greater than 50%. The UCPB recommends that a conforming sign with a monument base and landscaping around the base as a preferred design alternative.
Response
The proposed sign is approximately 32.4 sq. ft. thus does not require a variance of 50%. The Planning Board in the regularly scheduled Planning Board Meeting of May 9th, 2022 granted a waiver for the small 1.25% overage as it is allowed to do by code for overages under 10%. The Planning Board further agreed that the height and size of the proposed 32.4 sq. ft. sign was within the guidelines of TOR 140-21 which specifies 140-21 C (2) “wherever feasible multiple signs should be combined to avoid clutter” The applicant is combining the petrol station and the drive thru sign. 140-21 c (3) “signs should be as close to the ground as possible”. Monument style signage is not required by code. The 15’ height meets code.
UCPB Required Modification is overruled by supermajority May 24th, 2022 by the following vote:
Ayes: 7 Nays: 0 Absent: 0
Motion by Chair Jones
Second by Mr. Grasso
3. Site Design/Parking Layout
Comment
The current site design is closer to keeping with §140-17: Parking, loading, access, and traffic standards than the proposed layout. The Town’s standards call for, where possible, that parking: “be located in the side or rear yard of any use, with the principal building situated near the front line.”. “This is for the purpose of maintaining the continuity of the building line along any highway and avoiding the effective merger of parking areas along a highway into one mass of pavement where entrances and exits become difficult to identify”.
Advisory Comment
Design goals were a clear priority and continue to be a priority for the Town as it has revised its zoning statute over the past ten to twenty years. Given that the proposed site layout design is contrary to the design goals of the community, it is recommended that the applicant produce alternative design layouts that are more in keeping with the community’s design goals and zoning statute. The Ulster County Planning Board recommends the applicant and community review the recently completed Stewart’s Shop on NYS Route 32 northbound in the Village of New Paltz as a similarly redeveloped convenience store and fuel station combination that made the necessary changes to the design goals of the community
Response
No response required on advisory comment.
4. Fuel Storage
Comment
The applicant is proposing to remove the existing fuel storage tanks and place new tanks at an alternative location on the site.
Required Modification
The applicant will need to comply with New York State’s Petroleum Bulk Storage Program, as well as Federal regulations of underground tanks, and coordinate with NYS DEC for permitting. Soil testing is recommended as part of the Applications for new storage tanks and closing existing tanks will be necessary. Soil testing may be required.
Response
The TOR Planning Board agrees with the county recommendation
CONDITIONSOF APPROVAL
NOW THEREFORE BE IT RESOLVED, that the Town of Rochester Planning Board hereby grants Site Plan Conditional Approval of the proposed site plan development at the site situated at 6101-6117 U.S. Route 209, a public highway, Kerhonkson, NY, as depicted on the 10-sheet set of submitted drawings, prepared by Khattar Elmassalemah, PE, Vice President, Praetorius and Conrad, P.C., Professional Engineering and Land Surveying, as more fully listed at the end of this resolution, as described in more detail herein above,subject to satisfactory compliance with the following conditions:
1. Revise the plan set to include notation requiring lights to be dimmed fifty percent (50%) after 11 PM until opening the next morning.
2. Revise the plan set to include notation specifying when the sidewalk will be built, as per requirements and standards of and in coordination with the permitting procedures of the New York State Department of Transportation (NYSDOT).
3. Provide an estimate of the cost of required site improvements to initiate the process of establishing a performance guarantee for landscapingin accordance with the Code of the Town of Rochester, Chapter 140. Zoning, section 140-15, E. Following review of the estimate by the Planning Board’s Consulting Engineer, an amount shall be recommended to the Planning Board for the establishment of “A performance guarantee in a form acceptable to the Town Attorney in the amount of 125% of the cost of materials and installation may be required to assure that all landscaping survives in a healthy condition for one full year following planting.”
4. Revise the plan set to clearly show curb ramps for the sidewalk crossings, specifically, add the ladder hatched crosswalk marking to the western driveway on sheets 4, 5, 6, and 7.
5. Revise the plan set to refer to and provide a detail for the proposed ladder hatched crosswalk marking.
6. Revise plan sheet 3 of 10, the Site Demolition Plan, corresponding to item number 11, to specify the size of the existing underground tank proposed to be removed near the rear of the developed area of the site.
7. Revise plan sheet 4 of 10, the Proposed Site Plan to specify the size of the new underground tank proposed to be installed under the proposed gas pumps and canopy, which is required to be the same size as the tank to be removed.
8. Revise the plan set to add the separately submitted illustration, entitled “Existing Multi Business Free-standing Sign to Remain” of the approximately 52 SF existing sign that will remain on the site, as a detail in the plan set and add reference to same on sheet 4.
9. Revise the plan set to add reference on sheet 4 to the proposed sign detail on sheet 10.
10. Revise plan sheet 4 of 10, the Proposed Site Plan to provide a sign area table to demonstrate compliance of the total of the existing and proposed signs with the 100 SF aggregate standard, noting the any waiver of existing noncomplying conditions.
11. Revise landscaping plan to show low shrubbery at base of signs.
12. Correct the tax parcel identification number on all plans sheets where it is listed (sheets 1, 2 and 4 of 10 ) to read 76.1-3-28.100, and to delete reference to “S/B 76.1.5-3-28.1”.
13. An Ulster County Department of Health permit is required.
14. A New York State Department of Transportation (NYSDOT) permit is required.
15. The Project Sponsor shall reimburse the Town of Rochester for all costs incurred by the Townfor the review of this site plan proposal. The final plat for this site plan 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.
16. 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 plans.
The Town of Rochester Planning Board further grants Site Plan Conditional Approval upon satisfactory completion of the conditions of Approval 1through 16above.
BE IT FURTHER RESOLVED, that the Town of Rochester Planning Board hereby grants Site Plan Conditional Approval of the proposed site plan development at the site situated at 6101-6117 U.S. Route 209, as described herein above, subject to satisfactory compliance with the following conditions, such that the required modification, all permits and approvals from other agencies must be in place before a project receives a Certificate of Occupancy:
1. All Local, County, State, and Federal Laws or Codes shall be complied with for the current or future use of these lands.
2. Any and all other agencies’ permits or approvals which are currently required or any which may be determined in the future to be required in conjunction with the construction and/or operation of this use shall be secured or renewed as applicable. Should any conditions imposed by other agency permits cause conditions to be in conflict, the more restrictive condition shall prevail. The facility owner shall specifically comply with Federal and NYS DEC regulations for underground tanks removal and replacement before a Certificate of Occupancy shall be issued.
EFFECT of APPROVAL:
1. This Special Use and Site Plan approval and associated conditions shall be binding upon the applicant and all successive owners of the land so long as such use(s) shall occur.
2. This approval shall remain effective as an authorization to secure the required permits and establish the use(s) for a maximum of one year from this date of approval unless the applicant shall have submitted written request and the Planning Board shall have adopted such resolution granting an extension and provided the applicant has submitted proof of having diligently pursued the implementation of the plans.
Adopted June 13, 2022, by the following vote:
Ayes: _6_ Nays: _0_ Absent: _1_
Motion to adopt approval with condition by: _Sam Zurofsky_
Seconded by: _Patrick Williams_
2. 2022 – 02 SBD (Minor) Continued Application/PUBLIC HEARING
Gail & Andrew Kenneda
S/B/L 68.4-2-9 – Upper Whitfield Rd.
Gail and Andrew Kenneda were present on behalf of the application.
The Planning Board reviewed the SEAF parts 2 and 3. Mr. Grasso made a motion to type the application as a negative declaration for SEQRA. Mr. Zurofsky seconded the motion.
ROLL CALL:
Chair Jones – Aye
Mr. Williams – Aye
Ms. Lindstrom – Aye
Mr. Zurofsky – Aye
Mr. Grasso – Aye
Mr. Jarvis – Aye
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent
Chair Jones opened the Public Hearing. No members of the public signed up to speak or submitted comment regarding the application.
Mr. Zurofsky made a motion to close the public hearing. Mr. Grasso seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent
Chair Jones read the draft decision prepared by Ms. Axelson. This decision was posted on the Town of Rochester website prior to the meeting.
Decision: PB 2022-02 SBD
Minor Subdivision Conditional Final Approval
Applicant: Gail & Andrew Kenneda
Reason for Request: Applicant proposes a subdivision of the current +/- 14.89-acre parcel into two lots: Lot – +/- 2.02 acres & Lot #2: +/-12.87.
Location: 195 Upper Whitefield Road, Accord, NY
Total Acreage: +/- 14.89 acres
S/B/L: 68.4-2-9 Zoning District: R-2 (Low Density Residential)
The applicant proposes a two (2) lot subdivision of the parcel. The parcel ‘s current use is residential with one existing single-family home, a barn, septic system, and an existing well on +/-14.89 acres. The subdivision would result in the creation of a new 2.02-acre lot for a new home, garage, well, septic, etc.
A 12.87-acre lot would also be created for the existing home and improvements. A proposed fifty-foot
(50′) wide right-of-way (ROW) would allow the existing driveway to be used as a shared driveway from Upper Whitefield Road to serve both lots. A new driveway would be constructed off of the end of the existing driveway, beginning within the proposed 50’ ROW, leading into proposed Lot 1.
SEQRA: Unlisted/Uncoordinated, and Negative Declaration on June 13, 2022
Code Enforcement Determination: Minor Subdivision
Zoning Permit: 22/036
Planning Board Application: 2022-02 SBD
PB Application filed: 3/25/2022
EAF filed: 3/24/2022
Other Agency Referrals: None
WHEREAS, an application for subdivision approval was submitted to the Planning Board for the project as follows:
the application was submitted by Medenbach & Eggers Civil Engineering & Land Surveying, PC, agent for Gail & Andrew Kenneda (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 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 Town of Rochester (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 Preliminary
Plan Showing Subdivision of Lands of Andrew & Gail Kenneda; and
the application was accepted by the Planning Board of the Town of Rochester on March 25, 2022; and the application was referred by the Planning Board of the Town of Rochester to the Town Consulting Planner and Engineer, and the Town Planning Board Attorney; 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 June13, 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 Planning Board held a duly noticed public hearing on the completed
Application pursuant to Chapter 125, Code 125-12. F on June13, 2022, which was closed on June13, 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 R-2 zoning district and is a minor subdivision per correspondence from the Code Enforcement Officer received February 8, 2022.
2. The proposed 2-10t subdivision, which would result in two new lots with one lot for an existing single-family home, and a second lot for a new single-family home was discussed at regular meetings of the Planning Board held on April I l, 2022; May 9, 2022; and June 13, 2022, during which the Planning Board, its consultant and the Applicants discussed the site’s land use and natural features including the site’s topography, and access; and
3. 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 dated April 6, 2022, revised April 22, 2022, including:
a. The site is partially developed with the following existing features: one existing single family home, a barn, septic system, and an existing well. The subdivision would result in the creation of a new 2.02-acre lot for a new home, garage, well, septic, etc. Accordingly, there would be a minor proposed change and increase in land development; and a correspondingly minor change in and slight increase in stormwater runoff from the proposed subdivision; and
b. The proposed lots will comply with the R-2 zoning district lot area and bulk requirements and pertinent subdivision design standards and requirements.
These Findings having been prepared by the Board and read and discussed at the meeting of June 13, 2022. The Board hereby Adopts these Findings on June 13 th, 2022, by the following Vote:
Ayes: 6 Nays: 0 Absent: 1
Motion to adopt findings by: Zachary Jarvis
Seconded by: Marc Grasso
CONDITIONS OF APPROVAL
Now THEREFORE BE IT RESOLVED, that the Town of Rochester Planning Board hereby grants Minor Subdivision Conditional Final Approval of the proposed 2-10t subdivision situated at 195 Upper Whitefield Road, Accord, NY, as depicted on the “Preliminary Plan Showing Subdivision of Lands of Andrew & Gail Kenneda”, prepared by Medenbach & Eggers Civil Engineering & Land Surveying, PC, dated April 6, 2022, Revised April 22, 2022, 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 Applicant shall present a Final Plan for signature, that includes the following plan notes:
a. “No Further subdivision of this parcel is permitted without the prior approval of the Planning Board.
b. “No further flag lot creation will be allowed on either of these lots.
‘Right to Farm ‘, This property may border a farm as defined by Chapter 75 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.
d. ‘Shared Driveway The proposed fifty-foot (50′) wide right-of-way (ROW) shown shall be used in common by [he owner(s) of lots I and 2. This ROW shall be in effect and binding on owners of said lots, [heir heirs, successors, and assignees, and all future owners of said lots, their heirs, successors, and assignees, upon filing of this subdivision plat in the office of the Ulster County Clerk.
“Per the Code ofthe Town OfRochester sections 125-29, R., (2) and 140-10, D., (2), the Planning Board approves [he use of a shared driveway as shown on this plat (plan) [o service no more than two single-family dwellings via access from a shared driveway through the establishment of a right-ofway. The shared driveway shall be utilized by no more than a total ofthree single-family dwellings or lots including [he lot is has access over.
3. Revise the “Preliminary Plan Showing Subdivision of Lands of Andrew & Gail Kenneda” to be entitled “Final Plat Showing Subdivision of Lands of Andrew & Gail Kenneda”.
4. 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.
5. The owners shall provide a letter, certified and stamped by a professional engineer, certifying that the proposed well and water supply on lot # 1 shall conform to the requirements of Ulster County Department of Health prior to the Planning Board Chairman’s signature on the subdivision plat.
This Minor Subdivision 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 Town of Rochester Planning Board.
The Town of Rochester Planning Board further grants Minor Subdivision Conditional Final Approval upon satisfactory completion of the conditions of Approval 1 through 5 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 976.
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 June 13, 2022, by the following vote:
Ayes: 6 Nays: 0 Absent: 1
Motion to adopt approval with condition by:Samuel Zurofsky
Seconded by:Marc Grasso
Ms. Lindstrom mentioned specific map notes such as “Flag Lot”, “Shared Driveway”, “Right to Farm”, etc. should be included in the decisions as well as on the final map. A file with the exact wording to be provided to Ms. Axelson to add to this and future decisions.
Mr. Grasso and Mr. Jarvis recused themselves from the following application at 8:04PM.
3. PB 2021–23 SBD (Minor) Continued Application/PUBLIC HEARING
Honeycomb Hills – CRAM LLC
S/B/L 68.3-1-27 – Beehive Rd.
Marc Grasso and John Heidecker were present on behalf of the application.
The Planning Board reviewed the SEAF part 2 and 3. Ms. Lindstrom made a motion to type the application as a negative declaration for SEQRA. Mr. Williams seconded the motion.
ROLL CALL:
Chair Jones – Aye
Mr. Williams – Aye
Ms. Lindstrom – Aye
Mr. Zurofsky – Aye
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent
Chair Jones opened the Public Hearing. No members of the public were present to speak regarding the application.
Ms. Lindstrom made a motion to close the public hearing. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent
The Board discussed maintenance of the swale. The applicant was advised to speak with the Town Highway Superintendent – Superintendent Frey submitted a letter which Ms. Christiana deemed insufficient. An agreement will be drawn up and reviewed by the Attorney for the Town and the applicant’s attorney to allow the Town to maintain where they choose to, and the subdivision will maintain the remainder. Mr. Heidecker will then submit drainage profile to the Planning Board, and it will be reviewed by the engineer at CPL.
Ms. Lindstrom noted Right to Farm, DEC stream, Rochester waterway, and subdivision design notes as necessary must be added to the decision as well as the final map.
Ms. Lindstrom cited Section 125-3 (B) from the Town Code, which states there shall be no disturbance on the land of a proposed subdivision before Planning Board approval. This section of the code must be enforced.
Mr. Grasso and Mr., Jarvis unrecused themselves at 8:39PM.
4. PB 2021-26 SBD (Major) Continued Application
Thomas McCarthy – Queens Hwy/Route 209
S/B/L 76.2-2-5.12
Thomas McCarthy, Gina McCarthy, and Margaret Hillriegel were present on behalf of the application.
Chair Jones updated the Board that SHPO responded in a letter submitted on 6/6/2022 stating there was nothing found during the archaeological study that would prevent the project from moving forward.
A SWPPP was submitted, and Ms. Axelson stated she would be conducting another review – most items have been addressed.
Mr. Grasso had no comments about the application.
Ms. Lindstrom stated flood plain, right to farm, DEC stream, Rochester waterway, subdivision restrictions, shared driveway, and subdivision design notes must be added to the final decision and map.
Mr. Williams, Mr. Zurofsky, and Mr. Jarvis had no further comments about the application.
A shared driveway agreement will be submitted by the applicant.
Chair Jones stated a specific condition of approval will exist regarding the commercial lot and future development.
Mr. Grasso made a motion to set the Public Hearing for the meeting of July 11. 2022. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent
Ms. Lindstrom made a motion to send this application to the Ulster County Planning Board for review. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions, 1 absent
5. PB 2022-05 SBD (Minor) New Application
Steven Cohen/Zali Winn
S/B/L 60.3-2-2.100 – Queens Hwy
The applicant did not show up to represent the application.
6. PB 2022-06 SBD (Minor) New Application
Wayne Gray, Sr.
S/B/L60.3-3-48.600 – Samsonville Rd.
Wayne Gray, Sr. and Terry Ringler were present on behalf of the application.
Chair Jones went over a list of information required for the application, such as the deed, spot contours, fixing the SBL on the map, label “existing” houses, existing wooded areas, etc.
The secretary will send Mr. Ringler the list of items needed to proceed to the next step.
7. PB 2022-08 SBD (Minor) New Application
Matthew Mickenberg
S/B/L 68.1-1-55.1 – Ridgeview Rd.
Matthew Mickenberg was present on behalf of the application.
Chair Jones recommended for future meetings the surveyor be present to represent the applicant.
Chair Jones stated the need for a formal survey map drawn to scalegoing forward, deed, SBL/property owners for bounding owners and across the street, proposed house, septic, well, contour/topo lines, setbacks, etc.
Mr. Williams stated the limit of disturbance was listed as the entire acreage of the parcel, which must be changed and resubmitted.
Ms. Lindstrom noted the driveway to be greater than 500ft, which would require pull-off for the fire department. She also stated there are wetlands at the back of the parcel.
Mr. Grasso stated the front third of the parcel is level with the road and there may be a need to reengineer the flag lot due to the downhill slope of the rest of the parcel.
Mr. Jarvis brought up where the flag lot driveway is right now may cause traffic issues. The applicant’s surveyor can look at the proposed plan and possibly adjust it or create a shared driveway on the lot.
Chair Jones requested an escrow account be established in the amount of $1500 to utilize CPL’s services during this application.
The secretary will send Mr. Mickenberg a follow up letter with the list of items needed for the application to proceed.
8. PB 2022-07 SBD (Minor) New Application
Wild Lands, LLC
S/B/L 77.2-4-18.110 – Rock Hill Rd.
Michael Fink was present on behalf of the application.
Chair Jones noted the following missing information from the map: wetlands area marked by Peter’s Kill on map, existing wood road and shared driveway will require turn-offs every 500 feet and 16 feet wide.
Ms. Lindstrom pointed out there may be a need for a DEC stream crossing permit. Mr. Fink stated there will be no crossing of the stream and that there is run-off into an existing culvert on the property. Ms. Lindstrom stated these features, wooded areas, culverts, etc. must be notated on the map.
Ms. Lindstrom stated the need to show the FEMA flood zone located on the parcel, setbacks, farmland areas, conduct a threatened and endangered species study, topography/contours, heat map, grading, limits of disturbance, among others.
Chair Jones stated the need to establish an escrow account in the amount of $2500.
OTHER MATTERS:
• Town Board Referral: Local Law D – Prohibited Uses
o Ms. Lindstrom stated the Town Board is looking for the Planning Board to add any other prohibited uses under Section 140-8.1 of the Zoning code they might have left out. Ms. Lindstrom suggested the Town board DOES NOT remove item F under this section of the code, as they are presenting.
o Ms. Lindstrom to write a letter to the Town Board representing the Planning Board’s comments on this referral.
ADJOURNMENT:
Ms. Lindstrom made a motion to adjourn the meeting at 9:33PM.Mr. Jarvis seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 1 absent