PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OFMay9th, 2022, REGULAR MEETING OF the Town of Rochester PLANNING BOARD, held at 7:00pmat the Harold Lipton Community Center and streamed live via YouTube.
Chair Jones called the meeting to order at 7:07pmand asked everyone to stand for the Pledge to the Flag.
The Secretary did roll call attendance.
PRESENT: ABSENT:
Rick Jones, Chairperson
Sam Zurofsky, Vice Chairperson
Patrick Williams
Marc Grasso
Zorian Pinsky
Zachary Jarvis
Maren Lindstrom
Ann Marie Moloney, Alternate
ALSO PRESENT:
Mary Lou Christiana-Attorney for the Town
Nicole Knapp-Secretary
Elizabeth Axelson, Planning Consultant, CPL
ANNOUNCEMENTS and COMMUNICATIONS
MayWorkshop Meeting Decision:
As referenced in the December 13, 2021 Planning Board minutes, the Board made the decision to cancel the May and December Workshop meeting dates. Discussion occurred around the need for a workshop meeting this month to further address Ulster County Planning Board comments for Lucky Petroleum.
Ms. Lindstrom made a motion to reschedule the May workshop meeting for May 24th, 2022.Mr. Grasso seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions
TRAININGS:
Training opportunities have been forwarded to Planning Board members as available.
ACTION ON MINUTES:
Ms. Lindstrom made a motion to accept the Planning Board Regular Meeting minutes fromApril 11, 2022. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions
APPLICATION REVIEW:
PB 2021-05 SPA (Site Plan Approval) Continued Application/PUBLIC HEARING
Lucky Petroleum
S/B/L 76.1-3-28.100
Khattar Elmassalemah, Representative for the Applicant and Surinder Cheema, Applicant present on behalf of the application.
Chair Jones read the SEAF, parts 1 and 2. Ms. Axelson will add that the size of the gas tanks will be remaining the same as per the applicant.
Chair Jones made a motion to type the application as a negative declaration for SEQRA. Mr. Grasso seconded the motion.
ROLL CALL:
Chair Jones – Yes
Mr. Zurofsky – Yes
Mr. Williams – Yes
Ms. Lindstrom – Yes
Mr. Pinsky – Yes
Mr. Grasso – Yes
Mr. Jarvis – Yes
All in Favor. Motion carried.
7 ayes, 0 nays, 0 abstentions
Chair Jones opened the Public Hearing and asked if anyone submitted comment or signed up to speak. No one present and no communications received.
Chair Jones made a motion to leave the Public Hearing open until the workshop meeting on May 24, 2022, since comments from the Ulster County Planning Board had not been received, yet. Mr. Jarvis seconded the motion.
All in Favor. Motion carried.
7 ayes, 0 nays, 0 abstentions
Mr. Elmassalemah stated the new sign will be 32.4 square feet and less than 15 feet high.
Ms. Lindstrom made a motion to grant the waiver asking for up to 10% over standard sign height as mentioned in the Town Code. Mr. Zurofsky seconded the motion.
All in Favor. Motion carried.
7 ayes, 0 nays, 0 abstentions
Mr. Elmassalemah stated he met with Chair Jones regarding landscaping and plans have been updated, taking sidewalks into consideration. The lighting will be programmed to dim by 50% after 11pm, which will be noted on the lighting plan. There are 4 charging units for electric vehicles being added to the parking lot and a waiver letter will be drawn up regarding parking space totals.
Ms. Axelson asked for clarification on what the crosswalks would look like. Mr. Elmassalemah will add this to the plans.
Mr. Pinsky brought up if there would be a bond set for landscaping. Ms. Christiana stated there would be a discussion at the time of the decision about this.
2022 – 02 SBD (Minor) Continued Application
Gail & Andrew Kenneda
S/B/L 68.4-2-9
Gail and Andrew Kenneda were present on behalf of the application.
Chair Jones stated the contours were provided by the applicant’s surveyor on the map. Discussion occurred regarding the shared driveway and Mr. Kenneda stated there was a road maintenance agreement in the works. Ms. Christiana reiterated they can have an agreement between the lot owners, but it was not necessary for the Planning Board due to both parcels having adequate road frontage.
Mr. Pinsky asked for a modification to the map on one of the lines delineating the parcels to make it darker to match the other lines on the plan. The Board agreed and this will be reflected either in the next submission or in the final map set for Chair’s signature after the Board approves.
Ms. Lindstrom made a motion to set the Public Hearing for the regular June Planning Board meeting. Mr. Grasso seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions
PB 2022-03 SBD (Minor) New Application
Turu Ilgen
S/B/L 69.3-1-7.111
John Post was present on behalf of the application.
Mr. Post stated the survey map is not finished and he just recently started working on the project.
Chair stated while the sketch was sufficient for the sketch plan stage of the project, much still must be done. The Chair provided Mr. Post with a list of items to be completed along with an additional copy of the Minor Subdivision Application package.
Ms. Lindstrom stated the importance of including numerous pieces of required information on the survey including, but not limited to, wetlands, name of the stream, stream buffer zone, DEC wetlands, state regulated wetlands, and to reference section 125-22A-6,11, and 12. The Chair indicated that location of house to the rear of Lot #2 was not acceptable since it was in violation of Town design standards and should be moved forward to a position between the stream and the road.
Mr. Grasso stated lots 3 and 4 should possibly have a shared driveway.
Ms. Lindstrom stated the need for an Agricultural Data Statement.
Chair Jones stated $500 minimum should be held in escrow.
Mr. Post agreed and will submit updated plans to the Planning Board secretary.
PB 2022-04 SBD (Major) New Application
Mountain Laurel Way
S/B/L 60.3-1-55.100
Matthew Towne was present on behalf of the application and presented a summary of the project. He stated there are DEC wetlands present and a delineation would be done soon. Mr. Towne said the subdivision would consist of four single family lots, two shared driveways, and minimized curb cuts. It was noted the property is steep.
Road maintenance agreements would be necessary unless the design changes.
Mr. Zurofsky suggested a private road instead of shared driveways since it has been classified as a major subdivision. This would lead to less environmental impact.
Ms. Lindstrom cited section 125-22A 7, 8, 11, and 12 of the Town Code. She stated a threatened and endangered species report would be necessary since core habitat areas exist on the parcel. The lots could be pushed forward, however, to potentially avoid the need for such a report. She suggested getting rid of lot #3 and doing three lots instead of four.
Chair Jones stated that a heat map would be necessary and construction on grades over 25% is frowned upon especially given the severe rock outcrops on this property.
Ms. Lindstrom further stated the project does not fit in with the comprehensive plan of the Town as there is too much disturbance. The disturbance would be in terms of opening up and impacting sensitive environmental areas. This could be minimized by moving the house sites out of the critical areas.
Mr. Towne stated there would only be 3 ½ acres of disturbance in the proposed plan.
Ms. Lindstrom stated the possibility of a conservation area in the back in consideration of the core habitat area.
Mr. Towne stated he would take all comments into consideration and come back to the Planning Board with the requested information.
PB 2021-26 SBD (Major) Continued Application
Thomas McCarthy
S/B/L 76.2-2-5.12
Peg Hillriegel, Tom and Gina McCarthy present on behalf of the application.
Ms. Hillriegel stated wood areas and silt fencing was added to the plan. Septic expansion areas were not included on the most recent set of plans and will be added to the next map. She stated the archaeological study was completed, but they were still waiting on the report.
Ms. Hillriegel stated the commercial property on the plans has a potential purchaser and this property will need a site plan approval from the Planning Board in the future.
There was discussion around the project being classified as a major subdivision. It is passed the deadline to appeal this decision, however the Chair noted certain items requested by Ms. Axelson in her review could have waivers upon request by the applicant.
Mr. Zurofsky had no comments about the application.
Mr. Pinsky clarified there is to be a 100ft buffer from the high-water mark regarding the wetlands.
Mr. Jarvis had no comments about the application.
Mr. Grasso asked if there was a road maintenance agreement coming. Secretary will provide template to Ms. Hillriegel. He also asked if this application would go to the Ulster County Planning Board. It will, but once a more finalized plan is submitted.
Ms. Christiana clarified all driveway permits applied for were residential. They will need to reapply for a commercial permit for the commercial lot.
Mr. Williams had no comments about the application.
Chair Jones summarized that the driveway to lot #2 (proposed) will be added, existing/abandoned driveway to be marked on the new map, and foundation on lot 2 will be labeled as “to be removed”.
Ms. Axelson will discuss with Ms. Hillriegel offline regarding items outstanding, waivers, etc.
Ms. Christiana stated the Board could motion to grant sketch approval at this point.
Mr. Grasso made a motion to approve sketch plan stage. Ms. Lindstrom seconded the motion.
All in Favor. Motion carried.
7 ayes, 0 nays, 0 abstentions
Ms. Lindstrom left the meeting at 8:37PM.
Mr. Grasso and Mr. Jarvis recused themselves at 8:37PM.
Ann Marie Moloney, alternate, was seated for this application at 8:38PM.
PB 2021–23 SBD (Minor) Continued Application
Honeycomb Hills – CRAM LLC
S/B/L 68.3-1-27
Marc Grasso (applicant) and John Heidecker (surveyor) were present on behalf of the application.
Mr. Grasso reported site visits with members of the Board went well. There are two items that waivers will be requested for: mapping of rock outcrops in all portions of the map and a formal grading and drainage plan since the driveways are existing and directly over old and existing wood roads.
Chair Jones reported driveway profiles have been completed and there is a drainage swale along the edge of the cul-de-sac which continues between Lots 2 and 3.
Discussion occurred regarding who was to maintain this drainage ditch. Since it is a Town road, a question was asked whether the Town should maintain it.
Mr. Zurofsky suggested granting Lot #3 an easement that overlaps the right of way of the Town. Ms. Christiana suggested asking the Highway Department what they would prefer. Applicant is to provide a letter from the Highway Department specifically referencing their responsibility for the swale along the cul-de-sac and the culvert pipes under driveways for Lots 3 and 4. This will be examined by the Planning Board attorney as to adequacy.
Mr. Heidecker stated he will remove the aerial view that is currently represented on Sheet#3 in the plans and will use that sheet to clarify drainage instead.
Chair Jones made a motion granting a waiver from documenting any rock outcropping outside of the house footprint. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions
Chair Jones stated there was no need for a waiver from grading because there is no grading plan needed, just an erosion and sediment control plan.
Mr. Zurofsky stated a specified plan for drainage around Beehive Rd. is needed as part of the plan set.
Ms. Axelson and Mr. Heidecker will discuss specific details offline as needed.
Chair Jones made a motion to set the public hearing for the June regular Planning Board meeting, after getting all items completed. Mr. Zurofsky seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions
Mr. Grasso and Mr. Jarvisunrecused themselves at 9:07PM.
OTHER MATTERS
The Town Board asked for Planning Board comment on three separate laws.
1. Comprehensive Plan Amendment
Mr. Zurofsky made a motion to resubmit letters sent in 2018 and 2020, along with a new letter written by Chair Jones summarizing the previous ones. Mr. Grasso seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions
The letter submitted to the Town Board is as follows:
2. Moratorium
Chair Jones asked Ms. Christiana for clarity regarding Section 5 (D) of the proposed law.
Ms. Christiana stated the Planning Board won’t review any Site Plan Approval or Special Use Permits that have greater than 4000 square feet of building space.
Chair Jones continued to state 2 lot subdivisions will be allowed. Item #4 in exceptions potentially contradicts Prohibited Actions (D). Ms. Christiana clarified there is no contradiction.
Mr. Zurofsky stated he did like the moratorium as a general idea and comments from the Zoning Review Committee do not warrant it. He stated 180 days plus the possibility of two90-day extensions was too long. He stated the way it’s written is confusing and exemptions/prohibited sections should be merged.
Mr. Pinsky clarified local law can supersede state law in certain instances.
Mr. Jarvis stated 180 days seems long and believes there should be no extension periods.
Mr. Grasso stated it was needed but wouldn’t have needed it if Zoning Review Committee recommendations had been completed.
Mr. Williams agreed with Mr. Grasso and stated the moratorium would allow breathing space. 180 days is standard for a moratorium and the whole time might not be necessary if changes are made prior to 180 days being up.
Mr. Williams made a motion to have Mr. Zurofsky write a letter to the Town Board with the Planning Board’s comments. Mr. Pinsky seconded the motion.
All in Favor. Motion carried.
7 ayes, 0 nays, 0 abstentions.
Below is the letter submitted to the Town Board regarding the Moratorium:
3. Accessory Dwelling Unit (ADU) Law
Chair Jones stated he thought allowing ADU size to be up to 900 square feet was too big.
Mr. Williams had no comments.
Mr. Grasso stated there would be no benefit to allow ADUs in historic areas or business district. He stated the maximum size should be 10% less than the smallest manufactured home you can purchase, and single-wide mobile homes should not be used as an ADU.
Ms. Lindstrom’s comments were read by Mr. Grasso. A question was raised whether a deed-covenant clause is needed or affidavit of residency. She stated no new curb cuts should be made when adding an ADU and the ADU should be 35% of existing house up to 900 square feet. She stated larger would overburden resources and believes it should be allowed in the historic districts.
Mr. Jarvis stated he believes ADUs should be allowed in the historic districts, but they should not be a mobile home or on wheels.
Mr. Pinsky agreed with 35% minimum, supports historical districts have ADUs, but believes they should be reviewed by the Historical Preservation Committee.
Mr. Zurofsky is in support of the ADU law as it is written but believes Section G regarding owner occupancy should be deleted. He was opposed to maximum floor area and stated it should be less than the principle dwelling unit. He opposed the limit of ADUs per parcel. He disagreed with ADUs being allowed in historic districts.
Chair Jones stated it is unclear whether the main goal is to support local or new residents and believed the local residents should be a priority.
The Planning Board submitted the following letter to the Town Board:
Mr. Grasso read comment from Ms. Lindstrom asking about the Town’s progress regarding hiring a Town Planner.
Mr. Zurofsky stated a search committee was formed and applications have been received and reviewed, but no interviews have happened, yet.
Chair Jones stated the May 24, 2022 workshop meeting will consist of UCPB comments for Lucky Petroleum SPA and discussion around Lead agency for the Town’s Granary project.
ADJOURNMENT
Mr. Grasso made a motion to adjourn the meeting at 10:17PM. Mr. Jarvis seconded the motion.
All in Favor. Motion Carried.
7 ayes, 0 nays, 0 abstentions
Respectfully submitted,
Nicole Knapp, Secretary