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HomeMy WebLinkAbout2000-03-03 TOWN OF DRYDEN ZONING BOARD OF APPEALS March 3 , 2000 AGENDA : Robert Martin - Lakeview Golf Course MEM . PRESENT : Chairperson Charles Hanley , Ann Everett , Stuart Berg , Nick LaMotte , and Oers Kelemen , ALSO PRESENT : Jerry Ryan , David Putnam , Robert Martin , Cindy Martin , Joe ve Blumenfeld , and Ralph Shortell , LEGAL COUNSEL : Randy Marcus Chair Hanley read the attached letters from the New York State Department of Environmental Conservation and T.G . Miller P.C . Engineers and Surveyors. A. EVERETT: I have a question about the silt fence . This has to be in place and maintained until the final vegetation is established? D . PUTNAM: For work around the wetlands. The two big issues down around the wetlands are the two ponds . There is going to be a lot of lose dirt and a lot of water. Once the embankments of the ponds are re-seeded and the grass is growing then there wont be a need for the silt fence . S. BERG : When the ponds fill , where will the drainage go? D. PUTNAM : From what Bob has told me , he is going to re-use most of that water except in the wintertime . During the winter it will be frozen . O . KELEMEN: We keep hearing two ponds . The map indicates three ponds. R. MARTIN : The pond in the middle is not in the wetlands. Water flows down through a leach field to one pond . That is the pond that is in the wetlands on the right. Then there is another one on the left where it doesn't come from the golf course it comes across the road . A map was hung and there was some visual clarification of the location of the ponds. 1 • H . SLATER : In my conversation with DEC this morning they indicated that the question about one , two or three ponds keeps coming up because we are talking about ponds and ponds proposed as wetlands. They think that is where the confusion comes from . That's why the number keeps changing . S. BERG : Does anyone know what the history of the wetlands is? We had another incidence where the wetlands were growing and coming into the applicant's property. Is that the situation here? They keep moving up towards the golf course? D . PUTNAM : As long as he keeps mowing the golf course they probably will not change at all . If he lets the golf course go wild the wetlands may expand . He is quite a few feet higher than the water level of the lake . H . SLATER : It should remain constant . In fact over the years the lake has shrunk if anything . ® A . EVERETT: When the wet areas are dredged is that all used for the sides of the ponds? D . PUTNAM : These are all going to be excavated and he is going to use the dirt elsewhere on the course. J . BLUMENFELD: When the Board finally votes on all the issues . Does it have to be unanimous or just a majority? CHAIR HANLEY : Three positive votes are all that are needed to pass . R . MARCUS : If you are going to start looking at the SEQR form , Within part one which Mr. Martin has completed There were two items that needed to be completed and they were just left blank . For the sake of being sure we have all the information ; at the top of page 3 of the SEQR form , item number five says "approximate percentage of proposed project site slopes :" The box 15% or greater is checked and 20% is filled in . Is it the ® 2 ® case that the rest of the property is flat or are there parts of the property that fall into the lesser-sloped category? R . MARTIN : Most of it I think is 15 degrees or more. D. PUTNAM : No , what are the other choices? R . MARCUS: Well there are three boxes . One is zero to 10% , the second is 10- 15% slope and the third is 15% or greater. Under 15% or greater which is checked it just says 20% of the property . O . KELEMEN : Mr. Martin correct me if I am wrong but I think that you indicated there that 20% of the area has a 15% or greater slope. Correct? R . MARTIN : That is what I meant. I did that by eye . R . MARCUS : All I am asking is whether the rest of the property is flat or is there some of the property that falls into the other two categories. R . MARTIN : There isn't very much flat land on there except near the original golf course . Then you have gradual slopes that go left to right . But the main 20% of it that goes down to the lake is steep. Which I would say 15% or greater. R . MARCUS: Would you say that other than the 20% that you have indicated is 15% or greater, the rest of the property is 10% or less? R . MARTIN : Yes , it could be 10, 14 , 8 % . Dave , you have gone over it completely . D . PUTNAM : I would say it is probably 60 , 20 . R . MARCUS: So we should just have this filled in that way . That 60% is zero to 10% , 20% is 10 to 15% and as he has indicated 20% is 15 % or greater. The other item that was not completed but should be checked was on page 5, item c-6 . The answer there is no , that doesn 't mean anything in terms of the decision making process but you're suppose to have all the questions here filled in and you wouldnY be here for a variance if the answer was yes . So the answer to that would be no . It 's up to the Board ® to go through part two before you make the SEQR decision . 3 H . SLATER: Do you want to explain the process Randy? R . MARCUS: You have to go through from beginning to end before you can come up with you decision as to whether give this a negative declaration or a positive declaration for environmental impact . O. KELEMEN : Randy if we answer yes can it be mitigated? Can we make that a requirement of our approval ? R . MARCUS: Yes. C . HANLEY : Any problem with our normal sequence of doing the SEQR right after the findings? R . MARCUS : As long as you complete it before going ahead and making a decision . It is suggested that you do the SEQR review as early in the process as you can but the SEAR regulations are not geared specifically for a variance request process so you ' re not violating the regulations by waiting . H . SLATER: Though in the same sense it may contribute to the findings . 4 R . MARCUS: It could go either way . There are a lot of examples that they provide that may trigger thoughts about what conditions you might want to impose or how the project could have an impact on that . C . HANLEY : Does anyone else have anything to say? Then we will close the hearing section . R. MARTIN : I would like to say before you end that I appreciate your patience . We would deeply appreciate having this expansion . Recreation is very sparse in Dryden , and to have recreation land provided at no cost to the community I think is going to be a great asset . People are not proud when they leave the Dryden course and go to other courses, they are proud to say that they are a member of Lakeview and that has not been true it the past . So I hope you come up with a positive verdict here . C . HANLEY: Let me return the compliment and say thank you to you . You have been ® very cooperative , providing everything we have asked for and we 4 appreciate that and hope that you understand that we have been trying to protect your interest when this is all done , I encourage the Board members to cover everything . Anything that you think makes a more defensible case , bring it up. Since they suggest we do the SEQR form first, why don 't we start with that . D . PUTNAM : I think Bob should stay until you finish that. C . HANLEY: We have to go through every line and make a determination . Hopefully there wont be that much of a problem . Please see attached form. R . MARCUS : The only other involved agency is The New York State DEC . Based on the attached letter dated March 6 , to Henry Slater they have no objection to the Zoning Board of Appeals becoming the lead agency. They have indicated that they would like the ZBA to complete the SEQR process and provide them with the results of the SEQR determination before they do anything further. So that sets the stage to complete the SEQR review. The findings are done by completing part two of the long form and the process has to be concluded by making a determination of environmental significance. That is what the SEQR calls the negative or positive declaration . That has to be done by a motion seconded and voted on by the Board . C . HANLEY: Do I hear such a motion? A. EVERETT: So moved . O. KELEMEN : Second . Role Call: Stuart Berg: YES Ann Everett: YES Oers Kelemen: YES Nick LaMotte: YES Chair Hanley: YES C . HANLEY : We can now move on the writing of findings. Please see attached findings. 5