PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
MINUTES OF May10,2021 REGULAR MEETING OF the Town of Rochester PLANNING BOARD, held at 7:12pm via ZOOM and Streamed on YouTube.
ChairLindstrom called the meeting to order.
Chair Lindstrom recited the pledge to the flag.
PRESENT: ABSENT:
Maren Lindstrom, Chairperson
Sam Zurofsky, Vice Chairperson
Patrick Williams – 7:33
Rick Jones
Zorian Pinsky
Ann Marie Maloney
Marc Grasso
ALSO PRESENT:
Zachary Jarvis – Alternate; Mary Lou Christiana – Town Attorney; Erin Enouen – Councilwoman, Deputy Supervisor, Meeting Host; Christina Ferrara – 1st Deputy Town Clerk
ANNOUNCEMENTS and COMMUNICATIONS:
June 1st Workshop Meeting Decision:
Chair Lindstrom made the motion to have the June 1st Workshop Meeting.
Mr. Grasso seconded the motion.
6Aye 0 Nay 0Abstention 1Absent
All in Favor. Motion Carried.
TRAININGS:
Chair Lindstrom stated that Supervisor Baden sent a training on Association of Towns on Renewable Energy. The DEC recently had a Wetlands Series going on.
ACTIONS ON MINUTES:
Chair Lindstrom made a motion to table the regular Planning Board Meeting Minutes.
Ms. Maloney seconded the motion.
6 Aye 0 Nay 0Abstention 1Absent
All in Favor. Motion Carried.
APPLICATION REVIEW:
PB 2021-04LLI New Application
Stone Creek Manor, LLC c/o Ronald Domb (Owner & Applicant)
Lot Line Improvement
The applicant proposes the division of S/B/L7 68.4-2-18.100 (+/- 79.4 acres) into two +/- 13.4 and +/-66 acre lots. Parcel is located on Mettacahonts Road, Accord, NY, is located in the R-5 Zoning District and new lots will be intersected by Mettacahonts Road.
SEQRA: Type II by code
Mr. Bill Eggers was present on behalf of the application.
The Board briefly discussed the application.
Chair Lindstrom made a motion to certify the Lot Line Improvement. Mr. Zurofsky seconded the motion.
6 Aye 0 Nay 0 Abstention 1 Absent
All in Favor. Motion Carried
Decision: PB 2021-0_ LLI
Lot Improvement – Certification
*Pursuant to Chapter 125 and Chapter 140 of the Code of the Town of Rochester.
Applicant: Stone Creek Manor, LLC a/k/a Ronald Domb
Owner: Ronald Domb/Stone Creek Manor, LLC
Reason for Request: The applicant proposes a natural subdivision of lot S/B/L 68.4-2-18.100 (+/- 79.4 acres) into two lots: lot one of 13.4 acres and lot two of +/- 66.2 acres. The existing lot is bisected by Mettacahonts Road which creates the natural subdivision line. The parcel is located at 481 Mettacahonts Road, Accord, NY in the R-5 (Rural Conservation) zoning district.
Location: 481 Mettacahonts Road, Accord, NY
S/B/L: S/B/L 68.4-2-18.100 (+/- 79.4 acres)
Zoning District: R-5 (Rural Conservation)
Zoning Permit filed: 02/22/2021 SEQR Type: Type II by definition
Planning Board Application #: 2021 – 0X LLI PB Application filed: 02/23/2021
* * * *
The Planning Board has reviewed the plat and certifies the lot improvement proposed will meet Town of Rochester lot requirements for the R-5 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.
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.
PB 2020-0X SBD Public Hearing/Continued Application
Cynthia Landon Graham (Owner & Applicant)
Major Subdivision
The applicant proposes the reconfiguration of four parcels into three parcels in a previously approved subdivision via (a) the combination of two parcels S/B/L 68.1-2-45.300 and 68.1-2-45.400 and (b) the adjustment of a lot line for S/B/L 68.1-2-45.100 reducing it from 14.27 to 10.05 acres to create one +/- 30.19-acre parcel, through a series of lot line adjustments. S/B/L 68.1-2-45.200 of +/- 5.8 acres is to remain as previously subdivided. The parcel located at 13 Van Tine Road, Kerhonkson, NY, S/B/L 68.1-2-45 into 4 parcels. The parcels are in the R-5 (rural conservation) zoning district and contains UC Habitat Core Lands of Medium Importance. The parcel was previously subdivided in 2020 (SBD 2020-01) thus the application is a re-subdivision of lands which per 125-12 constitutes a major subdivision. Single family dwellings with well and septic are located on two of the existing parcels.
SEQRA: TBD
Ms. Cynthia Graham and Mr. John Dawson were present on behalf of the application.
The Board discussed exact Planning Board notes as previous request in June of 2020. Planning Board asked applicant to put in a waiver from the Major Subdivision requirements #125-13.
Ms. Maloney made a motion to accept the waiver for the stipulations of a major subdivision.
Mr. Pinsky seconded the motion.
5 Aye 0 Nay 0 Abstention 1 Absent
All in Favor. Motion Carried.
Chair Lindstrom made a motion to type the application as an Unlisted / Uncoordinated action for SEQRA. Mr. Zurofsky seconded the motion.
Roll Call:
Chair Lindstrom: Yes Ms. Maloney: Yes
Mr. Zurofsky: Yes Mr. Grasso: Yes
Mr. Williams: Absent
Mr. Jones: Yes
Mr. Pinsky: Yes
6 Aye 0 Nay 0 Abstention 1 Absent
All in Favor. Motion Carried.
The Board went through the EAF Part II.
Chair Lindstrom Made the motion to declare the application as a Negative Declaration for SEQRA. Ms. Maloney seconded the motion.
Roll Call:
Chair Lindstrom: Yes Ms. Maloney: Yes
Mr. Zurofsky: Yes Mr. Grasso: Yes
Mr. Williams: Absent
Mr. Jones: Yes
Mr. Pinsky: Yes
6 Aye 0 Nay 0 Abstention 1 Absent
All in Favor Motion Carried.
Chair Lindstrom opened the public hearing.
There were no comments from the public.
Mr. Zurofsky made the motionto close the public hearing.
Mr. Grasso seconded the motion.
6 Aye 0 Nay 0 Abstention 1 Absent
All in Favor. Motion Carried.
Chair Lindstrom read the decision.
Decision: PB 2021-04 SBD (Amended)
Minor Subdivision Conditional Final Approval
Applicant: Cynthia L. Graham
Owner: Cynthia L. Graham
Reason for Request: The applicant proposes the reconfiguration of four parcels into three parcels in a previously approved subdivision via (a) the combination of two parcels S/B/L 68.1-2-45.300 and S/B/L68.1-2-45.400 and (b) the adjustment of a lot line for S/B/L 68.1-2-45.100 reducing it from 14.27 to 10.05 acres to create one +/- 30.19-acre parcel, through a series of lot line adjustments. S/B/L 68.1-2-45.200 of +/- 5.8 acres is to remain as previously subdivided. The parcel is located at 13 Van Tine Road, Kerhonkson. The parcels are in the R-5 (rural conservation) zoning district and proposed parcel 3 contains UC Habitat Core Lands of Medium Importance. The parcel was previously subdivided in 2020 (SBD 2020-01) thus the application is a re-subdivision of lands which per 125-12 constitutes a major subdivision. Single family dwellings with well and septic are located on two of the existing parcels.
Location:13 Van Tine Road, Kerhonkson, NY
Total Acreage: ±47.5 acres
S/B/L: S/B/Ls68.1-2-45.100/.200/.300/.400 Zoning District: R-5 (Rural Conservation)
Parcel is flat to sloping woodlands with Ulster County Habitat Core Lands of Medium Importance
Code Enforcement Determination:Major Subdivision
Zoning Permit:65 of 2021
Planning Board Application:2021-04 SBD
PB Application filed:3/3/2021 EAF filed:3/3/2021
SEQR Type: Unlisted, Uncoordinated – 5/10/2021
SEQR Determination: Negative Declaration – 5/10/2021
Other Agency Referrals: N/A
Documents considered by the Planning Board for review
1. Letter of Determination from Code Enforcement Officer, received 3/3/2021
2. Zoning Permit determination of Major Subdivision received & dated 2/16/2021
3. Planning Board Subdivision application 2021-05 SBD, received 3/3/2021
4. Request for waiver of Major Subdivision Requirements received 3/15/2021
5. Short Form EAF Part 1 received 3/3/2021
6. Preliminary Site Plan dated 2/02/2021. Revised 4/21/2021.
7. Existing Road Maintenance agreement of 4/27/2020& existing subdivision approval SBD 2020-01 of May 11th, 2020
8. Letter of Agency form Cynthia Landon Graham to John Dawson, dated 2/16/2021, received 3/2/2021
Notice of Public Hearing:
1. Published in the April 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:5/10/2021 Place: Virtual Meeting(s), Accord, NY
Public Comment: (see Minutes of Town of Rochester Planning Board, 5/10/2021)
* * * *
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 in 2020 (SBD 2020-01) into four parcels. 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 subdivision map with the elimination of lot lines and changed lot lines for review.
3. The parcel is in the R-5 zoning district. The applicant proposes the re-subdivision of S/B/L 68.1-4-45 (+/- 47.5 acres). The re-subdivision consists of the reconfiguration of four parcels into three parcels in a previously approved subdivision via (a) the combination of two parcels S/B/L 68.1-2-45.300 and S/B/L68.1-2-45.400 and (b) the adjustment of a lot line for S/B/L 68.1-2-45.100 reducing it from 14.27 to 10.05 acres to create one +/- 30.19-acre parcel, through a series of lot line adjustments. S/B/L 68.1-2-45.200 of +/- 5.8 acres is to remain as previously subdivided.
4. The existing plats are filed with the Ulster County Clerk.
5. The current use of the parcel is residential and woodlands. Town of Rochester R-5 zoned districts are Rural Conservation Districts, which are intended to conserve large open areas of the Town while allowing for very low-density residential development. The Board encouraged the applicant to preserve the existing natural resources and woodlands as per subdivision code guidelines stated in TOR zoning code §125-21 and §125-22. Additionally, an Ulster County Habitat Core of Medium Importance is found on the rear of proposed lot 3 (+/- 30.19 acres). In the course of the previous subdivision, the Planning Board discussed the preservation of the Core Habitat lands in the regular public meetings of 4/13/2020 and 5/11/2020 and expressed the preference that no development is to occur within the Habitat Core area. This will continue as a condition of approval with the re-subdivision.
6. Existing site conditions include rolling woodlands and twoparcels with single-family dwelling with water and septic and accessory structures which are to remain within two of the three lots.
7. The applicant requested a waiver form 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 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 structures, well, septic and driveway for lot 2 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 three proposed lots will have adequate >/= 50-foot frontage on the Town Highways Van Tine and Samsonville Roads. There is no change to the parcel(s) access using the previously approved road maintenance and shared driveway agreement for the proposed reconfigured subdivision.
11. The parcel is in the R-5 zoning district. Upon review, the Board concludes that the 3 proposed reconfigured parcels meet or exceed the bulk standard requirements for the R-5 zoning district.The reconfiguration represents a less intensive land use as one proposed lot is being eliminated.
• The Board reviewed if the proposed lots could support water and septic. Two lots have existing well and septic and the third reconfigured lot had well and septic certified for the previous subdivision 2020-02.
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 May 10th, 2021 by the following vote:
Motion to adopt findings by Ms. Maloney
Second by Mr. Pinsky
Ayes: 6Nays: 0 Absent: 1
All in Favor. Motion carried
* * * *
RESOLVED,
The Town of Rochester Planning Board grants Major Subdivision- Conditional Final Approval to permitting the subdivision of lands situated at: 13 Van Tine Road, Kerhonkson, NY.
The subdivision plan dated April 12th, 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 plat title shall be changed to “Final” from “Preliminary”:
3. Any and all development shall comply with §125-21 and §125-22; with specific attention to be paid to §125-22 A sections # (4), (5), (7) & (8) regarding woodlands preservation.The Planning Board expresses the preference that no development shall occur within the Ulster County Habitat Core Area.
4. All required Local, County, State or Federal permits shall be secured for the current and future use of these lands.
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 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:
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 May 10th, 2021, by the following vote:
Motion made by Mr. Zurofsky to adopt the conditional final approval.
Second by: Mr. Williams
Ayes: 7 Nays: 0 Abstention 0
All in Favor. Motion Carried.
• Mr. Williams joined the meeting at 7:33pm*
PB 2020-0XLLI & SPA 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: TBD
Nadine Carney and Tavo Somers were present on behalf of the application
The Board discussed the applicationas far as spa location, lighting on the building and under pavilion, the driveway, the gravel walkway, submit the floor plans, survey map for the lot line.
Chair Lindstrom made the motion to type the application as an Unlisted / Coordinated action for
SEQRA. Mr. Zurofsky seconded the motion.
Roll Call:
Chair Lindstrom: Mr. Jones: Yes
Mr. Zurofsky: Yes Mr. Pinsky: Yes
Mr. Williams: Yes Ms. Maloney: Yes
7 Ayes 0Nays0 Abstention
All in Favor. Motion Carried
Attorney Christiana suggests applicant to circulatesigned cover letter with meeting and motion toSHPO (State Historic Preservation Office)Ulster County Department of Health, Ulster County Planning Board, Accord Fire Department, and the IDA (Industrial Development Agencies).
Mr. Williams made a motion to send the full packet to the County for review. Ms. Maloney seconded the motion.
7 Aye 0 Nay 0 Abstention
All in Favor Motion Carried
PB 2021-0X SBD Pre Application
Denise Ross (Owner and 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: TBA
Ms. Brooks was present on behalf of the application.
Chair Lindstrom made a motion to accept the wavier if it is expanded to all the non-applicable elements of 140-15 and 140-17 and set it for public hearing. Seconded Mr. Zurofsky
7 Aye 0 Nay 0 Abstention
All in Favor. Motion Carried.
Public Hearing will be at the June Meeting
Mr. Zurofsky stated he appreciated the completeness of the submitted packet; it makes the Planning Board job easier.
PB 2021-0X Pre-Application
Carmina DeSantos (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: TBA
Terry Ringler was present on behalf of the application.
Chair Lindstrom wants some verification from Department of Health that they know this parcel will be subdivided.
Mr. Jones made a motion to set this for public hearing. Second by Ms. Maloney
7 Aye 0 Nay 0 Abstention
All in Favor. Motion Carried
PB 2021-07 Pre-Application
Scully (Owner and Applicant)
Minor Subdivsion & 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
Mr. Scully was present on behalf of the application.
Chair Lindstrom:Get a lot line improvement application in and we approve that. Then move on to the subdivision part of it, which can be done at the same time. Chair will coordinate with Mr. Scully to give him the whole list of everything needed then move forward from there.
PB 2021-0X Pre-Application
Einar & Marta Normann (Owner and Applicant)
Minor Subdivision
Applicant proposes the division of S/B/L 68.001-2-22.11 (+/- 32 acres) located at 217 Van Tyne Road, Accord, NY into two lots lot one +/- 5 acres and lot 2 +/- 27 acres. Parcel is in the R-5 z4
Mr. Normann was present on behalf of application
Mr. Normann wants to take 5 acres that already has a Board of Health approved existing septic, existing well and a slab. Just wants to put in a home next to the existing slab that was already approved by the Town Board. Everything has already been surveyed.
Chair Lindstrom Will get out the copy of letter of authorization so she can speak directly to the surveyor so they can have everything ready on the map. Come back in June set for public hearing.
PB 2020-06 SBD Public Hearing/Continued Application
Olga Byrne (Owner and 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 zoning district.
Mr. Zurofsky made a motion to open the public hearing for the Byrne subdivision. Mr. Jones seconded the motion.
7 Aye 0 Nay 0 Abstention
All in Favor Motion Carried
Chair Lindstrom made a motion to continue the public hearing per the request of the applicant to the June regularly scheduled public meeting. Seconded by Mr. Zurofsky
7 Aye 0 Nay 0 Abstention
All in Favor. Motion Carried
OTHER MATTERS
Alligervile Firehouse:
Mr. Zurofsky: Can we under 140-52 grant an extension to an application that has expired?
The Board discussed the application.
Mr. Jones made a motion to grant the extension of the application from one year to it initially expired September 9, 2021. Mr. Grasso seconded the motion.
Roll Call:
Chair Lindstrom Abstain Ms. Maloney Yes
Mr. Zurofsky Yes Mr. Grasso Yes
Mr. Williams Yes
Mr.Jones Yes
Mr. Pinsky Yes
6 Aye0 Nay 1 Abstention 0 Absent
All in Favor Motion Carried
ADJOURNMENT
Chair Lindstrom made a motion to adjourn the meeting at 10:06pm. Mr. Jones seconded the motion.
7 Aye 0 Nay 0 Abstention 0 Absent
All in Favor. Motion Carried.
Respectfully Submitted,
Christina M. Ferrara, 1st Deputy Town Clerk