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HomeMy WebLinkAbout1979-11-15Planning Board Town of Dryden Present: Chw. B. The J. Caldwell, T. Bonn, M. Graham, Zo. S. Stewart IS November 24, Lavine,-J. Motsay, C. Dann, The meeting opened with public hearing for Cor Drost proposal for Upper! Ellis Highlands. Mr. Drost presented changes, from last meeting, on his proposal were following two additions: 1979 1) Wasn't clear if large acre lot had enough road frontage, but it does 2) OQimission of little parcel of land for parcel one and tiwo. Makes one lot a little larger. ` He is asking for approval of lots one through six. Lot #7 will not be for residential use. Mr.. Drost received a letter from Department of Enviromental Conservation stating no'wet lands officially designated. .Area of twenty =one acres had plan to develop but because of high cost of roads etc.'will sell as one lot.or keep until more profitable in future. It has excess to Hunt Hill Road. Most of lots have access from Hunt Hill and one from.Woodland Road. ; Future of lot #7 unknown. The neighbors have made a bid on it. There would be a right of way going through lot Ul to lot V. If neighbors don't buy'it, there would be no right of way. Chairwoman, Caldwell read a letter from Town Attorney Perkins concerning Lot U7 if.used for wood cutting, and at what point is wood cutting a commercial operation .for.what.point farming. He stated that number of factors must be considered. I) Did the owner of.the property own the property at the time of enact - ment of zoning ordinance. 2) Has'property been purchased solely for purpose of the timber rights that goes with it. 3) Is.the °,property owned by an individual who has a house on the same property`or has been purchased by commercial lumbering company. 4) Trees to be harvested planted for that purpose or exist in natural state.` He believes sale from timber on wood lot out of the jurisdiction of town planning board. No way to draw line between personal wood lot management or lumbering operation. Zoning ordinance doesn't address the question. Mr. Drost said if used for wood it would be just himself and friend to cut wood and share the profits of the wood. He has deed restrictions, as follows: 1) No oil drilling, refining or mining operations of any kind will not be permitted on any lot or business or commercial enterprise be allowed on any lot. %I I Planning Board -2- November 15, 1979 Mr. Lavine made following recommendation that in addition to -- that stipu- lation that Greg Humphrey approve turn around for snowplow. Mention be made of potential rights of way across lot 111 so Health Department be aware of that for final approval on that. Mr. Bonn made motion that the board give preliminary approval to plans presented with two _stipulations stated. Second by Mr. Dann. All members voted yes. Pail ,Linn and Bob Harkness came for final approval for development on Route 380 fr. Winn presented following data. / 1) Letter from Mahlon Perkins for town board approving tit of property 2) rtificate from Greg Humphrey regarding construction f the road 3) Ce tificate from Greg Humphrey regarding general pl of the road 4) Lett from New York Department of Transportation pproving the road 5) Copy o deed to road 6) Release rom Tompkins County Trust Company of ortgage on property 7) Release f m Consolidated Gas Company from 1 s -- pipe line across it. 8) Map itself a) genera projection of road to wes changes n lot lines. Necssit;/am the town. Lots .basically the /changed. Lot 24 and 8 minor d because of grade required by e size.. Moved road 30' to north. Mr. Lavine questioned front ge for lot 9211, onto public road.. Concern with emergency vehicles having acce to that of even if additional roads are not yet put in. Depending on placement of house , aq/to where driveway would go. Mr. Lavine concerned that whoev wns that lot have appropriate access before continuing onto next part of dev lopm t. Owner of lot has to maintain driveway up to point where public road, oncerni g snow plowing if emergency vehicle must get there. Mr. Lavine stated if the /e is not public ccess to that driveway on the owner's property the to is lib Presumably reas for road frontage. A stipulation could be-put in making a owner of lot 4124, sponsibility to keep his drive- way plowed all the wa up to the point of publi road. Mr. Bonn /recomme that the board approve it wit the assumption that the driveway wi at the corner of the lot. If at does not occur, we would have t it again or some other way give approval. Mr. Dann a contingent be put in that, road p st these driveways, deed it to before building permit issued. ProbleY is what can be done since approval had been given p viously, so town no ,,z held libel. Seek Town Attorney Perkins advice as to xbat can be done. Mr .Bonn made suggestion that the board approve this under the it ea of the rndt#8 t of way but that the town therefore has a right of way and assuming that herefore would plow or encouraging that it plow to the driveway�n lot 1124 where ever it comes out onto the road. Mr. Motsay second suggestion, k e