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HomeMy WebLinkAbout1985-05-16Y / Town of Dryden Planning Board May 16, 1985 Planning Board met May 16,1985 at 8:00 PM, Members R. Beck, H. Slater, J. Hunt, R. Chase, Zoning Officer S. Stewart present. • Public Hearin, called to order by acting chairman J.Hunt at 80 15 PM, Application of Crandall & Gardner Clark for a 4 Lot' subdivision on corner of Ellis Hollow & Genung Rd. C.Clark -- "The Board had some concerns at last month's meeting. I went to State Conservation Dept. They analyzed drainage, soil runoff, topography, etc. I believe you've received copy of their report. I also got a letter from Health Dept. on basis they would be treated as individual lots. Talked. to Highway Dept, about culvert on Genung Rd. They raised their radius of culvert required from 36" to 48" below the first entrance by the little stream to 36" above that & 15" along the ditch by Bob Vanderbeck. Basically 3 different zones where 48" would carry the run off.' You have all three reports, In addition, we've had the lots sur- veyed. I brought recent survey maps. Do you still have copies of. plans I left last month ?" J.Hunt-- "Barbara must have them with her papers." C.Clark - - "I have some,of them with me, also an aerial picture." DISCUSSION -- Copies of letters from Greg Humphrey, Gary LaMont, John Anderson. (Cuyler Paige gave his copies of plans to the Board. to keep in their files.) APPROVED J. Hunt -- "Is anyone prepared to make a. motion on this?" • R.BECK MADE MOTION TO APPROVE APPLICATION. SECONDED BY R.CHASE VOTE ALL YES APPROVED J. Hunt -- "Application of Patricia Schlecht for a two lot re -sub- division Lots 907 & 908 on Yellow Barn Road. George Schlecht representing his wife." G.Schlecht -- "This is a letter from John' Anderson, clarifying a question which came up on the.approval of Stage 900 of Yellow Barn subdivision, indicating that lot 908 in fact has been an approved lot. On the original Stage 900 subdivision map, there was a note that Lot 908 was not approved which was technically, correct when the map was filed at County Clerk's office due to a technicality at the time in the health code. They knew at the time it was being filed that the Health code was going to be changed and Lot 908 would then be approved but the maps were never changed at the County Clerk's office, so purpose of that letter was to indicate that lot 908 as shown on this map has in fact been an approved building lot. All we'd like to do is change the configuration & still have two lots, but to reorient them so we can sight the houses like shown on this map." J.Hunt - - "I can see why you came all prepared with these,'as • this would be difficult to describe." R.Chase - - "So why is there a subdivision on two lots ?" I s2- R ! t• G.Schlech!t-- "Well,a:. Ar as Health Dept. was concerned we didn't have to do anything. think I made a mistake. I went up to John and said "What do I have to do to get a building permit on one:of these logs that I want to change around ?" He said "Nothing.' I said, "Nothing ?" He said, "Yeah,nothing .." I said this was on resubdivis10 and he started to think and he said "Yes,I guess there is." I regretted opening my mouth. According to Sib and Barbara, they thought it's technically a re- subdivision of two lots and that the safest thing to do would be to go through the procedure." R. Chase -= "It was part of a larger subdivision ?" G.Schlecht -- "Yes. It's part of what was called Stage 900. I only made a copy of a portion of it. Stage 900 was fully approved subdivision. These are'the last two lots in the subdivision, III J. Hunt -- "This L shaped o.Lot is kind of an awkward one." 1 G.Schlecht -- "Not really:" i ! J. Hunt - -'; I'd have to see the land I think." G.Schlecht -- "Actually the lay of the land works out much better, further away from the power line, the further you come down on this Lot, the better." J.Hunt - -t1I see nothing in this that conflicts with our present zoning code subdivision regulations. Does anyone have any questions? R.Chase- "No problems with frontage ?" R. Beck- -!'As long as they've been fully approved before , we don't have to worry about the Health Dept." J.Hunt - - "We have the letter from John Anderson saying that Lot 908 was not approved, but it goes on to say that now it's able to be developed and is thereby approved by the Health Dept;" R.Chase -! I assume they're saying at some point you couldn't use sand filters and now you can." G.Schlecht-- "Yes, this subdivision may. The original map - -I had it all drawn out knowing that the Health code was going to be changed, but:; couldn't wait for it to go through the process of being changed It was one of those things where they knew it was going to have to be changed, but it hadn't gone through Albany. They had to stamp papers and this and that. They wanted to file the map so it was finished,'. They couldn't legally -say it was approved, so for want of a better word it was cond.itibnally approved. Then once thIe Health code was Ichanged, which it has been, and has been for quite some time, then it became approved." - R.Chase "Did it change the rate? G.Schlecht -- "They Code was changed for subdivisions have them. 11 changed from the time this map was drawn. Health to allow things like sand filters and fill system prior to 1978, maybe before that, you couldn't -3- J. Hunt -- 110. K. You're in an R B Zone. I don't see any conflicts. Are there any further questions on this? Do we have a motion ?1° • R.CHASE MADE A MOTION. TO APPROVE THE APPLICATION. SECONDED BY. R.BECK, NO DISCUSSION. WILL NEED COPIES FOR OFFICE FILES_ ' VOTE ALL YES APPROVED J.Hunt- - "That concludes the Public Hearing, we're ready to start our regular meeting." (8:30) P.M. GENERAL DISCUSSION -- Decided to hold minutes for approval until next meeting. Barbara hadn't left any special work for this meeting. Buzz had been tied up In Binghamton, so John Hunt picked up some paper there. Nothing for tonight. G.Schlecht - - "I can give°you'a report on the rezoning and what Town Board has been doing. It's gotten pretty complicated. I'm not sure I'm prepared to tell you where everything stands. Sib, you stop me if I say something that's incorrect. We had 4 basic motions, held four Public Hearings, therefore had four'things under consideration. A new M A Zone on the North side of the Village, which we had a Public Hearing on, was relatively non- controversial. That was approved, published in the paper, and is now a fact. Second, there was a Public Hearing on the creation of an M A Zone by Lower Creek Rd. which was more controversial. The people in the area asked for some changes, which by and large we made, improving the alteration of some of the lines along Lower Creek Rd. to cut out the area best described I would say, where Intersystems & the SPCA are. We made these changes and by law had another Public Hearing on that altered zone. There was some dis- cussion again. They wanted to alter the lines around the Eight Square School House, across from the School house, and exclude the land immediately north of the school house. On a 3 to 2 vote, that was turned down and we approved what was shown." J.Hunt -- "Basically the alterations excluded those properties that we already zoned residential, is that correct ?01 G.Schlecht -- "Yes, I guess their main concern really wasn't the M A Zone or °the regulations of the M A Zone but the fourth item we considered, the Site Plan Review Board and the power the SPRB would have. One of the key things there was the elimination of a required Public Hearing within the ICI A Zone. That seemed to be the main sticking point. Particularly, they had a fear that the SPRB is a separate chapter in the law. They-were afr&id that was going to be extended to other zones within the town, which in fact we said it might be. That's one of the reasons we put it there, it could be applied to other areas. We're very con- cerned about that. It certainly wasn't clear to us sitting up ,here why they were so concerned. Then it came out, that they e ' 4 were afraid that L. Public Hearing requirement would :be eliminated throughout the whole town eventually for anything. We tried to assure them that wasn't the case - -that within the MA Zone; we wanted to eliminate the requirement of having a Public Hearing - -a fact that is typical for most towns. They don't have a Public Hearing for allowed uses. I think that was one of their main objections, just like a lot of.issues -- you're locked into one and can't separate that from any of the other things, We, ended up arguing about the boundaries of the MA Zone when the real issue was about the Public Hearing. At any rate, the MA Zone has been created in..the Lower Creek area. Regulations for the MA Zone is subject to another Public Hearing; because we made some minor changes. If anything,ithey were changes which favored the opposition. They were amendments that we made in light of arguments we had, but the attorney suggested legally we had to hold another Public Hearing on the regulations of the M A Zone. So we have two M A Zones under the old regulation at the'moment. We made some changes on the Site Plan Review Board. Again addressing their concerns about the Public !Hearing, we said we're still not going to require we have a Public Hearing. We can have one, but it is not a requirement! Secondly, all people within 200 feet of any area that Ihas asked for a permit will be notified. of what's happening by letter from the Zoning Board of Appeals. We made some changes on tightening the buffer zones & a few technical things. There was a clause in there that if the Review Board has to hire consultants, they can charge the developer up to 150 ;and acre. One woman protested -- "Who will get that X50- - you guy';s ?" We had to put a clause in there that it was payable 0 to theiTown. So again, we had a lot of technical things and the attorney said another Public Hearing would be necessary. We are having a Public Hearing June 10th and a second meeting June 111th at which point we're going to vote on the review process and regulations. It's been an interesting lesson. All the feathers were ruffled in the beginning because they felt they weren't informed of what was happening at all. Unless you went knocking door -to door, I don't know how to get' people involved. Publicinotice was put in the paper but-they still felt something was trying to be put over on them!" J.Hunt - "I guess there's always someone who doesn't get the word." B.Lavirie(arrived 8:30) - -I can tell you that the concern wasn't that they didn't know anything was being done, but not knowing that their area, was being chosen for an -'--M A Zone. It's not so much th,e fact that they felt someone was trying to pull something behind their back as much as they were frustrated with the situation that it was their backyard and they felt they should have been notified in some way and.that this be brought up in a f ormal� fashion, not just discussed. I think that's a reasonable concern." -5- G.Schlecht- - "Yes , I do too. It would have made it much easier. I think there's been some concern about the armory but no real worry. Anyway, that's where we stand right now. We have anothez controversial thing going on right now with the Snyder Hill water problem. They came in requesting a water district which we were happy with, but then they asked us to postpone because they wanted to redraw the district line. Now we must draw another map and hold another Public Hearing, and if it's change(.' again, an Public Hearing would be necessary, etc, So they may not get their water line this year." J. Hunt -- "This Board worked on a. subdivision in that area last year. The property - bordering Ithaca was subdivided and a question brought up back then was the lack of water An that area. The water district has been a topic of discussion in" that neighborhood for at least the past 15 years. Several attempts to create a water district have been turned down by the residents in that area. The water situation has gotten worse. So finally they developed a nice neat little district which coul be served by the present stand pipe up the hill without building a pumping station or a new stand pipe and that seemed to be goin through until the gentleman who owns a large piece of property behind the present houses on Snyder Hill Road decided it might be nice to get the water extended, so he could develop it, That's the result, I don't know how many redrawn maps there's been at this point, but that's what has it up in the air currently." G.Schlecht-- "Well,Yes and no. I flat out asked him, if you're objecting to us including that land in this water district because you don't want to see that land developed, I'm against you, and I'll vote the whole thing down. That's not fair or reasonable. Don't expect us to bail you out. That's how I feel. No,we don't care if it's subdivided. We realize that is going to happen. We want to make sure that we don't pay for the water lines going into this property. The attorney said that's impossible. We can't do it - -it would be illegal. They hired another attorney but he had to agree, that it probably can't be done. Unfortunately their fears are going to cost them the season. I don't want to go through this over and over. So that's what we've been up to." J.Hunt "Then we have two Public Hearings coming up, on the regulations of M A Zone and the Site Plan Review Board." G.Schlecht -- "Yes, June 10th and 11th." R.CHASE MADE A MOTION TO ADJOURN THE MEETING. SECONDED H.SLATER MEETING A- DJOURNED 9:00 P. M. 00 bcAi