PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NY
845-626-2434
MEETING MINUTES OF October 11th, 2023, REGULAR MEETING OF Town of Rochester PLANNING BOARD held at 6:30PM at the Harold Lipton Community Center and streamed live via YouTube.
Chair Grasso called the meeting to order at 6:30 PM and asked everyone to stand for the Pledge of Allegiance.
Secretary Wilhelm did roll call attendance.
PRESENT: ABSENT:
Chair Marc Grasso Member Ann Marie Maloney
Member Maren Lindstrom
Member Rick Jones
Member Cindy Graham
Member Zachary Jarvis
Member Zorian Pinsky
Alternate Halina Duda
ALSO PRESENT: Jazmyne Wilhelm, Dave Church, David Gordon
APPLICATION REVIEW:
Application # PB 2023-329 Applicant/Owner: Barry Estate C/O Daniel Barry / Barbara Thom
Type: Minor SBD Representative: Bill Eggers / Medenbach & Eggers Zoning: Hamlet Property Location: 170 Stony Kill Rd SBL: 77.3-1-49.100 SEQRA: Undecided
Status: Continued Application / PUBLIC HEARING
DESCRIPTION: This is an estate where the heirs propose a 2-lot subdivision taking an existing lot with 1 existing structure and dividing it into 2 lots.
Member Lindstrom made a motion to certify as a type 1 unlisted uncoordinated action. Member Jarvis 2nd the motion. Roll call vote. Chair Grasso yes, Member Jones yes, Member Jarvis yes, Member Graham yes, Member Lindstrom yes, Member Pinsky yes. The board went through SEQRA PT 2.
Member Jones made a motion for a negative declaration based on the PT 2 information. Member Lindstrom 2nd the motion. Roll call vote. Chair Grasso yes, Member Jones yes, Member Jarvis yes, Member Graham yes, Member Lindstrom yes, Member Pinsky yes.
Member Graham made a motion to open the public hearing. Member Lindstrom 2nd the motion. All in favor 6 yes, 0 no, 0 abstain.
Carol Messner- How is the property being divided? How is the second half of the property being accessed due to the stream running through the middle?
The board explained that for further information she can go to the town clerk’s office and fill out a request as well as view the maps of the property that were set out for the meeting.
Member Graham made a motion to close the public hearing. Member Lindstrom 2nd the motion. All in favor 6 yes, 0 no, 0 abstain.
The board read through the decision and discussed.
Member Pinsky made a motion to approve. Member Graham 2nd the motion. All in favor 6 yes, 0 no, 0 abstain.
Application # PB 2021-516 Applicant/Owner: DeJager Realty LLC Type: Major SBD Representative: Nadine Carney / Peak Engineering Zoning: AR-3 Property Location: Lucas Ave / Peninsula Lane SBL: 77.1-2-33.510 SEQRA: Type I (Oct 22) PB lead Agency (Dec 22) Status: Continued Application/ PUBLIC HEARING
DESCRIPTION: The applicant proposes a 10 – lot conservation subdivision. The new submission packet includes an updated wetland study, revised maps, SWPPP, revised lot sizes and road structure.
Member Jones made a motion to open the public hearing. Member Lindstrom 2nd the motion. All in favor 6 yes, 0 no, 0 abstain.
Nadine explained to the public the property and what they see on the map as well as how they are preserving the nature on the property.
PUBLIC QUESTIONS-
Robert Mansfield- I have concerns about the access form Peninsula Lane due to it being a private road. I have no problem with them building the houses.
Carol Mansfield- The road will be parallel to my driveway; how will the added traffic affect my private road?
Jennifer and Vinny DiDonato- How close will the road be to my property line? How would sharing the cost of road maintenance be handled?
John Meinhardt- Why does the road have to come out onto Peninsula Lane as well as Rondout Road? Why can’t it be an emergency vehicle only entrance?
Dennis Geisver- The added vehicles and traffic will greatly affect our private roads. What is the timeframe for construction?
Helen and Joel- Our road is not meant for three subdivisions to be using. Why cant this be a dead end road?
Laura (representative for the Mansfield’s)- Peninsula Lane and Rondout road are not safe for emergency vehicles and can not withstand the additional traffic.
Albert DeJager- I used to own the property and know about the wetlands. The additional houses will impede my view of the mountain. The road will be going through the wetlands. How are the houses going to get their water? How will this effect the water table for the surrounding homes?
Ira Stern- There are river otter, as well as a migratory way in the Rondout Creek. I would like to not see houses on the creek. Lot three appears as a cut out into the conservation area, the septic will create a disturbance for that lot on the trees and the creek. Peninsula lane should not be used for this Subdivision. Please reconsider lot three. Lots 4,5, and 6 would possibly be seen from the creek. If possible, please put a regulation into not cutting trees along the Rondout Creek.
Greg Bryant- I have no issue with housing development. If they are going to be using our private roads, please help pay for maintenance.
Member Lindstrom made a motion to keep the public hearing open for the next meeting. Member Jones 2nd the motion. All in favor 6 yes, 0 no, 0 abstain.
Member Jones asked that our attorney review the road attaching to peninsula lane. The comments about lot three need to be addressed. Our code for fire should be reviewed by our attorney. Chair Grasso read code 125-22 f subdivision design. Member Lindstrom proposed that maybe the applicant can review doing a cul-de-sac. However, that might not work due to the conservation area. All people on the private road need to agree to the road maintenance agreement. Chair Grasso read in the emailed public comment from Charlotte Binns.
Application # PB 23-441 Applicant/Owner: Tom Pinkerous / Pinks Links LLC Type: SPA Representative: Tom Pinkerous Zoning: B Property Location: 5914 Rte 209 SBL: 76.2-2-43 SEQRA: Type II Status: Continued Application
DESCRIPTION: The applicant proposes a change of use from low- density (office space) to low density retail and service (Golf Simulators).
The board reviewed the new map. The board read through the draft resolution. Member Jarvis made a motion to accept the resolution. Member Lindstrom 2nd the motion. All in favor 6 yes, 0 no, 0 abstain.
Application # PB 2022-188 Applicant/Owner: Mtn. Laurel Way / Austin Sweeney
Type: 3 Lot SBD Representative: Matthew Towne / Willingham Engineering PLLC
Zoning: R5 Property Location: TBD Schroon Hill Rd SBL: 60.3-1-55.100 SEQRA: Undecided Status: Continued Application
DESCRIPTION: The applicant proposes a 34.27 acre, 3 lot subdivision with a revised sketch plan.
The applicant went over the changes made. Chair Grasso expressed concern on the driveway and roan access. He explained that the town does not take over roads and their will need to be a road maintenance agreement between all three properties. SWPP to be sent to CPL and attorney, the curb cut sent to the town, as well as fire department response.
Member Lindstrom made a motion to set public hearing for next meeting. Member Jarvis 2nd the motion. All in favor 6 yes, 0 no, 0 abstain.
Application # PB 2023-478 Applicant/Owner: Hudson Valley Seed Library LLC / Carrie Schapker Type: SPA Representative: Nadine Carney Zoning: AR-3 Property Location: 4938 Rte. 209 SBL: 77-1-8.130 SEQRA: Undecided Status: Continued Application
DESCRIPTION: The applicant proposes agritourism type uses, including retail and entertainment, which is exempt from the Moratorium.
Dave Gordon explained the reviewed documents and recommended the attorney review the easements as well as the road maintenance agreement and lighting codes. The board discussed the proposed waivers.
Member Lindstrom made a motion to approve the lighting waiver. Member Graham 2nd the motion. All in favor 6 yes, 0 no, 0 abstain.
Chair Grasso made a motion to approve the noise waiver. Member Jarvis 2nd the motion. All in favor 6 yes, 0 no, 0 abstain.
Chair Grasso has an issue with the driveway location with the headlights shining at the neighbor’s house across the street and recommends moving the driveway. Nadine said they reviewed moving it however the gradient of the road will prevent it from being seen pulling off of or onto 209.
Member Jones made a motion to accept the traffic study waiver. Chair Grasso 2nd the motion. All in favor 6 yes, 0 no, 0 abstain.
The board suggested that the applicant look into moving the driveway to lign up with the neighbor’s driveway.
Member Jones made a motion to set the public hearing for next meeting. Member Graham 2nd the motion. All in favor 6 yes, 0 no, 0 abstain.
Nadine explained the water usage to the board and how that will be handled.
Member Jarvis made a motion to send to UCPB, SHPO, Fire, HPC, ECC, Ag& Market, and Highway. Member Graham 2nd the motion. All in favor 6 yes, 0 no, 0 abstain.
ANNOUNCEMENTS AND COMMUNICATIONS:
– Member Lindstrom made a motion to cancel the 10-25-2023 workshop meeting. Member Jarvis 2nd the motion. All in favor 6 yes, 0 no, 0abstain.
ACTION ON MINUTES:
– Member Jarvis made a motion to approve the 9-11-2023 minutes. Member Lindstrom 2nd the motion. All in favor 6 yes, 0 no, 0 abstain.
ADJOURNMENT:
– Member Jarvis made a motion to adjourn the meeting at 8:17 PM. Member Lindstrom 2nd the motion. All in favor 6 yes, 0 no, 0 abstain.
Respectfully submitted,
Jazmyne Wilhelm,
Secretary