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HomeMy WebLinkAbout2008-07-01 - PB TOWN OF ULYSSES PLANNING BOARD 07/01 /08 APPROVED 07/15/08 Present : Chairperson Ken Zeserson, Planning Board Members : Rod Hawkes, Rebecca Schneider, John Wertis, Deputy Supervisor Dick Coogan, Town Board Member David Kerness Excused : David Means, Rod Porter Mr. Zeserson called the meeting to order at 7 : 30 pm. He stated they had received a letter from John Jolly, he is interested in purchasing a piece of property on Dubois Road from Charles Houghton. Mr. Houghton has subdivided other parcels thus there is the question if this would be the major subdivision. Mr. Coogan stated because the way the law is crafted, every time they see a shell of a subdivision they have to figure out what they are accepting. They have to decide if they will approve or deny. Ms . Schneider stated he is doing exactly what they did not want to happen. He is piece mealing pieces of property off with no regard to stormwater control . They should deny this and have Mr. Houghton go through the major subdivision process . He should have some way of deciding what property he would divide off He may not want more but they need to determine what his intentions for the rest of his property are. Mr. Coogan asked how they would go about this . Mr. Zeserson stated the zoning lists 17 items . Mr. Coogan asked how he would indicate how the roads, septic etc . would go through. Ms . Schneider stated it is at this point in time that the law requires Mr. Houghton to come to the Board and state these are his plans for his property. He needs to provide guidelines as to what he would do, i . e. over the next five years he is planning on subdividing 5 more pieces . That is fine, it is his right but this allows them to deal with stormwater that is what this law is intended to do . Mr. Coogan asked how they should proceed from here . Mr. Zeserson stated he agreed with Ms . Schneider and that if Section 18 . 3 . 5 has any intent, that intent is violated by this application. Ms . Schneider stated this is what she calls salami tactics, one piece at a time is cut off They had three subdivisions, he wants a fourth which falls into a major subdivision. With the law he needs to come to the Board and provide information as to his future plans . She has seen this type of sprawl happen in other places and this is what this law is designed to prevent. She does not know this man and if the reason is for financial (to pay taxes) she appreciates that yet also feels strongly this Board needs to be firm. Mr. Jolly may work with this guy and help get it taken care of. Mr. Zeserson agreed with Ms. Schneider. Mr. Coogan stated he needs to know what the Board wants him to do . Mr. Zeserson stated this is not an application from Mr. Houghton but rather a letter of inquiry from Mr. Jolly. In the letter he indicates he understands it may take further permits and he would like to know the requirements . Ms . Schneider stated a letter from the Board indicating the Board feels the application would fall under Section 18 . 3 . 5 and the requirements listed should be completed with Planning Board 2 07/01 /2008 Mr. Houghton. Ms. Schneider stated he has met the thresholds for this parcel. It is time for him to come to the Board and advise the Board of what the future plans are. At that point in time they would evaluate if there are going to be requirements for septic, they are not trying to impose excessive costs . The Board needs to know where this is going and how to put in place what they need to prevent problems. A lengthy discussion regarding the law and its applicability to a single subdivision vs . a i major subdivision was held. Items discussed included- -The Board understands the law requires a major subdivision be created upon the division of a 4th lot on a piece of land. -A review of the 17 items needed could be answered in a subjective manner. -Potential 50 lots could be put on this piece of property due to the 2 acre limit. -This property is on a creek, the stormwater potential for 50 some lots could be tremendous without mitigation. -The Board would like to see the maximum number of divisions he is planning as well as the stormwater plans. -What is the same original lot, and what is the time between each division being split. The three subdivisions have occurred since the existing law went into effect (2005) . Once the lot is divided a new parcel is created, would this be the new original lot? The Town Attorney would need to review for interpretation. -Planning Board ' s job is to read the law, the Board does not have the authority to mitigate or change the laws . This Board cannot make offers, changes etc . - -They would like to see the original lot and the subdivisions with the dates that had been split off from this particular lot . -This parcel is located in a Unique Natural Area. -This is one of the biggest land owner' s in the proposed conservation area. -The Board has the right to initiate this type of procedure; this is kicked into gear because of the parcel being divided into four parcels . They would like to discuss this process because the Town feels this is a very valuable piece of property. Mr. Zeserson stated a letter from Mr. Rachun could be sent to Mr. Jolly thanking him for the letter inffirming him of the procedure involving a major subdivision. The law and requirements should be copied and included. This procedure should be completed by Mr. Houghton. Mr. Coogan stated the letter would go back to Mr. Jolly and inform him it will not go forward until the full subdivision process is followed by Mr. Houghton. Mr. Zeserson stated another letter should go to Mr. Houghton stating that due to this parcel being considered a major subdivision; the Board knows this maybe burdensome thus they would like him to come in for a meeting. At that meeting they could evaluate his plans and try to come to a mutual plan. Mr. Coogan will inform Mr. Rachun to direct a letter to Mr. Jolly that they need an application from Mr. Houghton. Mr. Houghton would then be billed for a subdivision application, what would this Board accept . Mr. Zeserson stated the Board cannot make that decision at this point in time . Planning Board 3 07/01 /2008 Ms. Schneider stated that this is the law and that is what is expected of them vs. letting him do this one. The law requires this process on the fourth law. Mr. Kerness stated if Mr. Houghton attended the July 15th meeting he could present what his intentions are with this lot. If it is Mr. Houghton ' s intentions to divide additional lots, he could then proceed with the major subdivision process. Mr. Coogan will inform Mr. Jolly and Mr. Houghton this is a major subdivision, this Board would like him to come before the Board on July 15th . He should review the 17 items but in particular the Board is interested in item 16 . Mr. Hawkes stated he does not think we should inform him he should attend the July 15 but he should attend a regularly scheduled meeting. This would allow him time to get the information together. The members agreed and requested these letters be sent to the interested parties . The meeting was adjourned at 8 : 50 pm . Respectfully submitted, Robin Carlisle Peck Secretary 07/ 13/08