TOWN OF ROCHESTER
50 Scenic Drive • P.O. Box 65 • Accord, NY 12404
Area Code 845
Town Clerk 626-7384 Code Enforcement 626-2433 Supervisor 626-3043 Planning Board 626-2434 Highway Dept 626-7221 Zoning Board 626-2434 Assessor 626-0920 Court House 626-2522 Transfer Station 626-5273 Youth Commission 626-2115
PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NY
845-626-2434 ext 3
MEETING MINUTES OF MAY 8TH, 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 7:00PM and asked everyone to stand for the Pledge of Allegiance.
Chair Grasso did roll call attendance.
PRESENT:
Marc Grasso, Chair
Patrick Williams
Rick Jones
Zachary Jarvis
Maren Lindstrom
Zorian Pinsky
Ann Marie Moloney, Alternate
ALSO PRESENT: David Church, Planning Consultant, Emily Svennson, Attorney for the TOR Planning Board representing David Gordan
APPLICATION REVIEW:
1. PB 2022-256 SUP/SPA Continued Application/PUBLIC HEARING Harana Market/Little Buko, LLC
S/B/L 76.2-2-49 – 5125 Route 209, Accord, NY 12404.
The DRAFT for the site plan conditional final approval was discussed by the Planning Board. Changes were recommended by Mr. Jones for the final decision to be finalized by the Attorney.
A motion to accept the legally revised and finalized resolution was made by Ms. Lindstrom. Seconded by Ms. Moloney in this manner.
7 ayes, 0 nays, 0 abstentions, 0 absent
Public Comment:
Members from the public #1,2,3,4,5: In favor of Harana Market
Chair Grasso made a motion to close the Public Hearing.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions, 0 absent
2. PB 2022-483 Spec. Use Continued Application/PUBLIC HEARING Stone House Tavern/ Alanlinda LLC
S/B/L 69.3-2-24 4802 Route 209, Accord, NY 12404
Nadine Carney, Alan Roberts, and Linda Bradford were present on behalf of the application.
No one spoke for public comment.
Mr. Williams made a motion to close the Public Hearing. Seconded by Mr. Jones. All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions, 0 absent
Ms. Lindstrom started reading the conditional final approval, and Chair Grasso added the Ulster County Planning Board comments that needed to be adopted. UCPB stated the following:
-The applicant will need to receive approval from the Ulster County Health Department for all necessary permits associated with the expanded use of the property if not already obtained.
Changes were recommended by Chair Grasso and Mr. Jones for the final decision to be finalized by the Attorney.
A motion to accept the legally revised and finalized resolution was made by Mr. Jones. Seconded by Mr. Williams in this manner.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions, 0 absent
3. PB 2022-188 3 Lot SBD Continued Application Mtn. Laurel Way/ Austin Sweeney
S/B/L 60.3-1-55.100 – TBD Schroon Hill Road, Kerhonkson, NY 12446. Austin Sweeney and Matthew Towne were present on behalf of the application.
The applicant wants to divide +/- 34 acres into three lots, each lot would get one single family home. The applicant is proposing to have shared driveways. The intended area for the conservation easement is approximately 29 acres.
The following requirements and responses from the application are needed by the Planning Board:
– A copy of the shared driveway agreement provided from their attorney – Setting up escrow
– The conservation easement will belong to who? The applicant will decide on this response.
– The board is asking to see the intended home site and the boundary lines on the site plan.
– Arranging a property walkthrough.
The board’s chair and other members suggested altering the suggested lots. The intended flag lots were to be removed, according to Ms. Lindstrom.
________________________________________________________________________ 4. PB 2023-029 Minor SBD Continued Application/PUBLIC HEARING David & Claudia Waruch
S/B/L 67.-1-28 – 145 Upper Cherrytown Road
Ms. Lindstrom made the motion to classify the Waruch project as an unlisted and uncoordinated action. Seconded by Mr. Jones.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions, 0 absent.
Chair Grasso went through part two, SEQRA. He motioned this to be a negative declaration. Seconded by Mr. Pinsky.
All in Favor Motion Carried
7 ayes, 0 nays, 0 abstentions, 0 absent.
No one spoke for public comment.
Chair Grasso made a motion to close the Public Hearing. Seconded by Ms. Moloney. All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions, 0 absent.
There was no final decision reviewed, the applicant will be placed on next month’s meeting.
____________________________________________________________________
5. PB 2022-187 Minor SBD Continued Application Wild Lands Company LLC / Michael Fink
S/B/L 77.2-4-18.110 – TBD Rock Hill Road
Bob James and Frank DOE were present on behalf of the application.
Comments from the consultant included:
-Four lot subdivision does not referral to Ulster County anymore
-SEQRA Part 2 needs to be completed before the Public Hearing
-Applicant will need a habitat study
-A letter needs to be provided to the board by the DEC
-Fire department is satisfied
-Historic preservation stated a public hearing can happen once SEQRA is discussed, and application is satisfied
-Highway Superintendent has no comment
Discussion between our Consultant Mr. Church and board member Ms. Lindstrom in regards to determining if this is an unlisted and uncoordinated action and what type it will be.
In addition to posing numerous additional queries about the CPL study, Ms. Lindstrom made a statement about CPL’s report’s #7, asking whether asphalt is required.
Bruce Barber made comments in regard to the wetlands.
Mr. Pinsky asked if the engineer could show the 100ft buffer around that outlines the leech field.
___________________________________________________________________________
6. 2023-167 SPA New Application
INNESS NY LLC/ Nadine Carney
S/B/L 77.1-1-1.100 – 10 Bank Street
In person, Nadine Carney represented the application. According to Mrs. Carney, the applicant is requesting permission to build a new utility barn inside of an already existing site plan approval. This proposed structure is only intended to serve as a utility barn where heavy machinery, tractors, tools, etc. will be kept. There are no wetlands or floodplains on the property where the planned project will be located, according to their investigation. The application does not suggest adding a driveway or more lighting. They are asking the board to classify this as a Type 2 option and to schedule a public hearing.
Mr. Jones raised concern in regard to the main parking lot’s ADA Handicap Parking spots. Mrs. Carney assured Mr. Jones this is to be determined by the Building Department’s whether they meet the proper requirements.
Ms. Lindstrom advised that the utility barn should receive a landscape plan in order to create a more pleasant aspect since many of the nearby neighbors will have to drive past it every day.
Chair Grasso and the board agreed this project will stay as a Type 2.
Mr. Jones motioned in the event that Mrs. Carney provides the items requested by the board, they will set this for a public hearing for the next June meeting. Mr. William’s second this.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions, 0 absent.
___________________________________________________________________________ 7. 2023-196 EEO-SPA New Application Great Blue Heron Properties, Alex Banner
S/B/L 77.1-2-42.131- 2919 Lucas Turnpike
Mr. Alex Banner was present as the owner of this application.
The land is in an existing EEO, and the proposed sawmill is requiring a Site Plan amendment. There will be no addition of lighting, utilities, and there will be no change to the landscape except for adding gravel. There will be no need for grading since the land is flat. The hours of operation will be Monday thru Friday 9am-5pm.
The idea of the proposed sawmill is to stack the freshly cut wood and it will go into the solar kiln for 1-6 months. From there it will be sent out.
Mr. Church questioned the site plan, he stated the plan was to have one sawmill. But according to the site plan Mr. Banner is proposing two 8’ x 25’ sawmills and 5 solar kilns. He asked if the solar kilns are permanent structures. Mr. Banner stated they are not permanent.
Chair Grasso stated the building permit for the sawmill was issued inadvertently. The Building Department is aware this is a mistake; the proposed project will need to be seen in front of the Planning Board for site plan approval and amendment to the EEO.
Chair Grasso and Mr. Williams questioned the right of way that goes from Lucas Turnpike to the back half of the property. It is an existing right of way that is used by the neighbour and will be continued to be used by the neighbour as per Mr. Banner
The sawmill does not have a two-stroke motor, the closest motor it has is similar to a log splitter. All specifications have been submitted. The sawmill is to be not used as a mass production operation.
Ms. Lindstrom brought up increasing a greater buffer because of the neighbouring land being a school; low probability, but a child could wander off onto Mr. Banner’s property. She
suggested adding a greater setback, adding more trees, or adding a fence. Mr. Banner stated there is an existing fence and the children are allowed onto the property.
Mr. Church expressed he does not want the sawmill next to the school, he feels it is dangerous and unsafe.
Mr. Pinsky asked why the children are on the property, Chair Grasso stated Mr. Banner allows them to be there.
The board suggests getting a sound test for the sawmill, Ms. Lindstrom states if it goes over ten decibels there will be a mitigation. One of the mitigations would be to put up a fence and add pine trees. Vibration would be unlikely to occur from the sawmill, but there will need to be a test for air pollution.
Ms. Maloney added the children are 100% the school’s responsibility. Mr. Banner added the children are always supervised by an adult.
Chair Grasso concluded that they will meet with Medenbach and Eggers regarding the map notes if the sound test comes back as non-compliant with the code. Along with requiring Mr. Banner to put up a fence.
Mr. Banner has been asked to notify and fill out a form for ‘Ag & Markets’ in regard to his conditions.
Mr. Jarvis adds when the sound test is being conducted the sawmill will need to be used in full effect.
Mr. Banner brings up concern doing the sound test because he is being recorded and photographed by the neighbour. The board states he would need to engage with a lawyer to see what he is allowed or not allowed to start doing.
As per the Planning Board, this operation is allowed for a one-time use for the sound test to be conducted. Two sound tests will be conducted and on the school side lot line and one on the other neighbouring lot line.
OTHER MATTERS:
The April 12th and April 24th minutes have not been completed at this time. Ms. Lindstrom motioned to postpone the minutes. Mr. Jones seconded this.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions, 0 absent.
Accord LLC (Granary project) the Town Board is asking for comments based on the EEO, Re-Zoning, and SEQRA, etc.
The Planning board has no comments at this time.
The board discussed changing the meeting time to 6:30pm. Ms. Lindstrom motioned to change the meeting time. Mr. Jarvis seconded this.
All in Favor. Motion Carried
6 ayes, 1 nays, 0 abstentions, 0 absent.
The May Workshop meeting will be held in June. The board needs to look at the DeJager part two. The goal is to come up with a determination for SEQRA. The board spoke regarding the mitigations Mrs. Carney provided for the DeJager project.
Chair Grasso mentioned training hours that are needed from the board members to be submitted as soon as possible.
Mr. Jarvis motioned to end the meeting. Ms. Maloney seconded this.
All in Favor. Motion Carried
7 ayes, 0 nays, 0 abstentions, 0 absent.
Respectfully submitted,
Courtney Coffey