PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF March 14th, 2022, REGULAR MEETING OF the Town of Rochester PLANNING BOARD, held at 7:00pm on Zoom and streamed live via YouTube.
Chair Jones called the meeting to order and asked everyone to stand for the Pledge to the Flag.
The Secretary did roll call attendance.
PRESENT: ABSENT:
Rick Jones, Chairperson Ann Marie Moloney, Alternate
Sam Zurofsky, Vice Chairperson Maren Lindstrom
Patrick Williams
Marc Grasso
Zorian Pinsky
Zachary Jarvis
ALSO PRESENT:
Mary Lou Christiana-Town Attorney
Nicole Knapp-Secretary
Elizabeth Axelson, Planning Consultant, CPL
ANNOUNCEMENTS and COMMUNICATIONS
March 28th Workshop Meeting Decision:
Mr. Grasso made a motion to cancel the workshop meeting for March 28th, 2022. My Zurofsky seconding the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions
TRAININGS:
– Mary Lou Christiana will be conducting a training for all Planning Board members on 3/28/22.
ACTION ON MINUTES:
Mr. Zurofsky made a motion to accept the Planning Board Regular Meeting minutes from February 14, 2022, and the workshop minutes from February 28, 2022. Mr. Jarvis seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions
APPLICATION REVIEW:
2021-25 SBD – Major Continued Application
Robert Griffitts (and others)
Chair Jones stated the application was placed back on the agenda due to an amendment to the decision. The application was sent to the Ulster County Planning Board for review, the UCPB reviewed it, and showed no county impact. Ms. Axelson would make a change to the decision reflecting this minor piece of information.
Mr. Pinsky made a motion to make the amendment to the previously accepted decision (found in the February 14, 2022, minutes). Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions
•
2022-01 SBD – Major Subdivision Continued Application
Nicholas Shangloo/Aneta Markowska
David Hahne was present on behalf of the application.
The Board completed a SEQRA EAF Part 2 Review. Mr. Zurofsky made a motion to set the application as an unlisted, uncoordinated action, with no negative environmental impact.
ROLL CALL:
Chair Jones – Yes
Mr. Zurofsky – Yes
Mr. Williams – Yes
Mr. Grasso – Yes
Mr. Pinsky – Yes
Mr. Jarvis – Yes
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions
Chair Jones opened the Public Hearing.
No public comment occurred. The secretary reported no correspondence from the public or the Town of Olive.
Mr. Zurofsky made a motion to close the Public Hearing. Mr. Jarvis seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions
Chair Jones explained to Mr. Hahne that the decision would be read at the next meeting on April 11, 2022.
PB 2021-21 SBD Continued Application
John DeForest
Heather Gabriel of Medenbach & Eggers present on behalf of the applicant.
Chair Jones read the decision:
TOWN OF ROCHESTER PLANNING BOARD
ADOPTED March 14th, 2022
Decision: PB 2021-21 SBD
Minor Subdivision Conditional Final Approval
Applicant: John DeForest
Reason for Request: Proposes the subdivision of S/B/L 76.1-2-50.100 (+/- 2.6 acres) into 2 lots
Location: 328 Boice Mill Road, Kerhonkson, NY
Total Acreage: +/- 2.6 acres
S/B/L: S/B/L 76.1-2-50.100 Zoning District: R-1 (Neighborhood Residential)
The applicant proposes a two (2) lot subdivision of the parcel. The parcel’s current use is residential with two existing single-family homes, with a garage, an outbuilding, two separate septic systems, an existing well, and two separate driveways with one entering onto Boice Mill Road and the second entering onto Samsonville Road (Ulster County Route 3). The parcel is located on the corner of Boice Mill and Samsonville Roads. The proposed lots 1 and 2 will continue to use the existing driveways entering onto Boice Mill and Samsonville Roads, respectively. The parcel is bounded by Agricultural District 3 on the northern length of its northwestern boundary. The parcel is also located within the AP (Aquifer Protection Overlay) Zoning District. The proposed subdivision lots 1 and 2 will 1.5 and 1.1 acres in size, respectively.
SEQRA: Unlisted/Uncoordinated, and Negative Declaration on February 14th, 2022
Code Enforcement Determination: Minor Subdivision
Zoning Permit: 21/656
Planning Board Application: 2021-21 SBD
PB Application filed: 11/29/2021
EAF filed: 11/29/2021
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 John DeForest (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 applicants paid their application fees and deposited monies into an escrow account to cover the consultant charges for the review of the project in accordance with the current Fee Schedule and in agreement with the provisions of Section 125-19 of the TOR Subdivision Code, and Section 140-63 of the Code of the Town of Rochester.
• the applicant submitted drawings, prepared by Medenbach & Eggers Civil Engineering & Land Surveying, PC, as more fully listed at the end of this resolution, including a Preliminary Plan Showing Subdivision of Lands of DeForest; and
• the application was accepted by the Planning Board of the Town of Rochester on December 13, 2021;
• 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 February 14, 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 February 14, 2022, which was closed on February 14, 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-1 zoning district and is a minor subdivision per correspondence from the Code Enforcement Officer received November 17, 2021.
2. The proposed 2-lot subdivision, which would result in two new lots for two existing single-family homes, was discussed at regular meetings of the Planning Board held on December 13, 2021; January 10, 2022; February 14, 2022; and March 14, 2022, during which the Planning Board, its consultant and the Applicants representative discussed the site’s land use and natural features including the site’s topography, adjacent agricultural district lands, and the AP (Aquifer Protection Overlay) Zoning District; 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 January 11, 2022, including:
a. The site is already fully developed with the following existing features: two single-family homes, a garage, an outbuilding, two separate septic systems, a single well servicing the two homes, and two separate driveways; and except for a new well, there is no proposed change or increase in land development. Accordingly, there will be no change in or increase in stormwater runoff from the proposed subdivision, or other land development effects; and
b. The proposed lots will comply with the R-1 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 March 14, 2022. The Board hereby Adopts these Findings on March 14th, 2022, by the following Vote:
Ayes: _6_ Nays: _0_ Absent: _1_
Motion to adopt findings by: _Sam Zurofsky_
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-lot subdivision situated at 328 Boice Mill Road, Kerhonkson, NY, as depicted on the “Preliminary Plan Showing Subdivision of Lands of DeForest”, prepared by Medenbach & Eggers Civil Engineering & Land Surveying, PC, dated January 11, 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. “ ‘Right to Farm,’ This property may border a farm as defined in Chapter75 of the Town of Rochester Code. Residents should be aware that farmers have the right to undertake farm practices which may generate dust, odor, smoke, noise, and vibrations which may involve insecticides, herbicides, pesticides, etc.”
b. “No Further subdivision of this parcel is permitted without the prior approval of the Planning Board.”
c. ‘Entire property is in the Town’s AP (Aquifer Protection Overlay) district and each resulting lot shall comply with any requirements for that Overlay Zone’
d. ‘No further flag lot creation will be allowed on either of these lots’ ”
3. Add an Owner’s Consent block to the final plan.
4. Revise the “Preliminary Plan Showing Subdivision of Lands of DeForest” to be entitled “Final Plat Showing Subdivision of Lands of DeForest”.
5. 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.
6. The owner shall drill the well on lot # 1 and secure the approval from the 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 6 above.
EFFECT of APPROVAL:
1. The owner shall file in the office of the Ulster County Clerk such approved plat bearing the Chairman’s signature and any other related documents within 62 days from the date of signature or such approval shall be deemed to expire without further notice in accordance with NYS Town Law §276.
2. The owner shall have the responsibility to return three (3) Ulster County Clerk certified copies of the filed plat and any other related documents to the T/ Rochester Planning Board within 30 days of such filing.
Adopted _March 14,_2022, by the following vote:
Ayes: _6_ Nays: _0_ Absent: _1_
Motion to adopt approval with condition by: _Zorian Pinsky_
Seconded by: _Zachary Jarvis_
The following plans and materials were submitted and reviewed for this application:
– Application for subdivision, signed November 29, 2021;
– Agricultural Data Statement, signed by Heather Gabriel, Project Manager, prepared by Medenbach & Eggers Civil Engineering & Land Surveying, PC, dated November 29, 2021;
– Letter of Agent signed October 26, 2021;
– Short Environmental Assessment Form, Part 1, dated November 29, 2021;
– Application for Zoning Permit and Classification, signed October 20, 2021, received November 16, 2021, and signed by Code Enforcement Officer on November 16, 2021;
– Preliminary Plan Showing Subdivision of Lands of DeForest, prepared by Medenbach & Eggers Civil Engineering & Land Surveying, PC, dated January 11, 2022;
– Sketch Plan Showing Subdivision of Lands of DeForest, prepared by Medenbach & Eggers Civil Engineering & Land Surveying, PC, dated October 29, 2021, revised December 27, 2021; and
– Sketch Plan Showing Subdivision of Lands of DeForest, prepared by Medenbach & Eggers Civil Engineering & Land Surveying, PC, dated October 29, 2021.
Ms. Axelson to make changes removing #7 in the conditions from the DRAFT decision and send to Secretary and Chair. The final decision is represented in these minutes.
PB 2021-26 SBD (Major) Continued Application
Thomas McCarthy
S/B/L 76.2-2-5.12
Tom and Gina McCarthy were present on behalf of the application.
Mr. McCarthy’s surveyor sent two versions of maps to the Board to consider regarding placement of driveways. The one version placed three driveways on Queens Highway. The other version placed two driveways on Queens Highway and one on Route 209.
Mr. Zurofsky stated he had no strong feelings for or against either set of plans.
Mr. Grasso stated preferred the two driveways on Queens, one off of Route 209.
Mr. Jarvis stated he preferred the two driveways on Queens, one off of Route 209.
Mr. Pinsky mentioned there was no 100ft. setback from the wetlands on the map. Mr. Zurofsky stated they are Army Corps of Engineers wetlands, therefore do no require the 100ft. setback.
Mr. Jones stated his preference for two driveways on Queens, one off of Route 209 and mentioned the need for sight distances for the driveways.
Mr. Williams stated he preferred the two driveways on Queens, one off of Route 209.
The Board discussed referring this application to the Ulster County Planning Board once preliminary stage maps are approved.
Mr. Pinsky noted the 100ft radius around the wells for lot #1 and lot #3 were missing from the map. The changes will be present in the next set of maps, along with any other additions/corrections specified by Ms. Axelson.
PB 2021-05 SPA (Site Plan Approval) Continued Application
Lucky Petroleum
S/B/L 76.1-3-28.100
Khattar Elmassalemah from Praetorius and Conrad present on behalf of the application.
Ms. Axelson’s review letter was addressed and discussed.
Ms. Christiana and the Board discussed the size of the fuel tank. If the fuel tank was to be bigger than the existing one, it would require an additional SEQR review and DEC supervision of the decommission of the old tank. Mr. Elmassalemah agreed it would be the same size.
David Panella provided information regarding the Dunkin Donuts inside the convenience store and reported 80% of the business will be drive-thru and there is no interior seating planned for the inside. This would provide relief from the parking spot requirement.
There was discussion about Mr. Elmassalemah putting in a waiver request for the 42 spots. Six spots are located under the pump awning.
The Board discussed entrance and exit of property. DOT will have input. Ms. Axelson stated a traffic study will be completed by CPL.
Mr. Jarvis asked about the drive-thru line backing up onto Route 209. Mr. Elmassalemah stated there would be an average of 10-12 vehicles in line at any given time and there is more than enough space for that number of vehicles to fit. There is a secondary driveway running parallel to the drive-thru lane on the plans that allows traffic to go around the drive-thru line to exit.
Mr. Grasso brought up a concern about there not being enough room for cars to pull out of spots in front of store if there are vehicles pulled up too far at the pumps. Mr. Williams suggested rotating the pumps 90 degrees. Chair Jones asked about moving the building back 10 feet. Mr. Elmassalemah said they could explore that option on a future map.
Chair Jones brought up the issue of lighting and stated there are too many at the other new gas station on Queens Highway and Route 209. Landscaping was discussed, as well. Chair Jones will provide Mr. Elmassalemah with some low shrub recommendations.
The Board discussed emergency vehicles fitting through the parking lot. Mr. Elmassalemah said a large tractor trailer will fit, so emergency vehicles should not be a problem. He will obtain input from Accord Fire Department.
Chair Jones recommended muted earth tones for the color of the building.
The Board discussed the current proposed sign for the gas station does not meet Town Code. The current sign does not meet Code. If a change is to be made to the sign, the new sign would have to meet Code.
Ms. Christiana advised if they wanted to pursue the proposed sign, a variance application must be submitted, and the Planning Board would refer the applicant to the Zoning Board of Appeals.
Ms. Axelson stated the schedule and code requirements for the sign are missing from the plans.
Mr. Elmassalemah will submit the sign information to the Planning Board
The maximum height and area requirements for signs was discussed among the Board and Section 140-21(F) of the Town Code was referenced. The Board concluded the sign could be internally lit. On the topic of signs, Mr. Panella stated there would be one menu board for the Dunking Donuts drive-thru, a bypass lane, and one pick-up window.
Mr. Zurofsky noted the parking lot would need to have vehicle charging stations for electric cars. A possible location for those spots was discussed. Mr. Elmassalemah stated he would gather all requested information and submit to the Planning Board for further review.
Mr. Grasso and Mr. Jarvis recused themselves at 9:15pm.
PB 2021–23 SBD (Major) Continued Application
Honeycomb Hills – CRAM LLC
S/B/L 68.3-1-27
Marc Grasso was present on behalf of the application.
Chair Jones discussed Ms. Axelson’s review of the project and asked if the surveyor received the letter. Chair Jones asked to start receiving response letters from the surveyor/applicant regarding Ms. Axelson’s review letters.
Mr. Grasso agreed and stated Ms. Axelson’s comments will be addressed with on the new map that has not yet been submitted to the Planning Board.
Ms. Axelson stated there is enough information provided to approve sketch and proceed to preliminary. There is not currently enough information for the engineer to review. It was discussed the driveways are installed already but need grading.
Chair Jones referenced T/Rochester Code Section 125-12-C (7) and clarified that requirements for major and minor subdivisions are not much different.
Ms. Axelson noted it also depends on the site, itself. She stated the engineer is going to want the turnaround shown as clearly as possible. Though it is a Town maintained road, there are four lots coming off the end of this road, it would be appropriate to show improvements on the plan. She stated she wanted to be clear from the beginning about the specs, what is the traveled way/right-of-way.
Mr. Grasso asked if the Town proposes those changes. Ms. Axelson stated it is the subdivider who proposes them.
Ms. Christiana stated sometimes a subdivider will have to improve a road to make sure there is good access.
Ms. Axelson stated it is not just the Highway Department going to the end of the road and having the turn-around, there are now going to be four residences off of there. It needs to be proven suitable for use.
Ms. Christiana stated there is a possibility it is fine, and the engineer will determine that, but the specs need to be shown.
Ms. Axelson stated the surveyor has not provided those specs at this time. Ms. Axelson stated she cited Section 125-29 in her review letter regarding this requirement.
Mr. Pinsky asked for the location to be highlighted/starred on the location map. He also stated the Mill Brook was renamed the Mombaccus according to a document from the U.S. BOARD ON GEOGRAPHIC NAMES DOMESTIC NAMES COMMITTEE. The document will be provided to all Planning Board members, Attorney Christiana, and Ms. Axelson for review.
Ms. Axelson stated this application will only require the SEQRA Short EAF.
Mr. Zurofsky stated driveway #4 had two different lines presented on the versions of the maps. Mr. Grasso stated the heat map was wrong. The entrance was correct, but the line will be adjusted in the next version of the map.
Mr. Zurofsky made a motion to approve sketch plan for this application. Mr. Williams seconded the motion.
All in Favor. Motion Carried.
4 ayes, 0 nays, 1 absent
Mr. Grasso and Mr. Jarvis unrecused themselves at 9:44PM.
OTHER MATTERS
Chair Jones stated there will be site visits scheduled for CDG Ridgeview now that the weather is improving, and the snow is melting.
ADJOURNMENT
Mr. Zurofsky made a motion to adjourn the meeting at 9:45PM. Mr. Pinsky seconded the motion.
All in Favor. Motion Carried.
6 ayes, 0 nays, 0 abstentions
Respectfully submitted,
Nicole Knapp, Secretary