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HomeMy WebLinkAbout1990-08-09• • TOWN OF DRYDEN PLANNING BOARD AUGUST 9, 1990 MEMBERS PRESENTS Acting Chairman, Mitchell Lavine; Claudia Brenner; John Davis; and Michale Hattery. ALSO PRESENT PUT NOT LIMITED T0: Henry Slater, Kenneth Gardner, David Herrick, Steve White, Chuck Dollaway, Don and Carol stauffeneker. The August Lavine 9, 1990 the Planning Board was called to order by Acting Chairman published April 30, Mitchell the Ithaca plat Lavine. It was noted that he was filling in for Chairwoman sketch conference, proposed two lot subdivision Barbara Caldwell, and Acting Chairman designated for tonight, Mineah Joseph Lalley. Road. The pu Stauffenek permission scheduled hearing. blic hearing was opened fo er^ of 28 Mineah Road, Free to create a (`) subdivisi as a sketch conference, pr r Donald and Carol ville, New York requesting on of property owned, being eliminary plat public M. Lavine read the Public Hearing Notice published April 30, 1990 in preliminary the Ithaca plat subdivision Journal concerning approval the for sketch conference, proposed two lot subdivision on Mineah Road. Carol Stauffeneker clarified that on the a division (9) Will there be any deed restri understand the question and answered YES. restrictions as to building and was consid that went through there, the New York Stat Ways ppl cti Sh eri e P ication for sub ons, she didn't e was thinking ng the Power Line owes Line Right of They had no objection as long as they didn't change the elevation of the land or build anything on the right of way. NYSE &G would allow the right of way to be used as a drive way to reach lands /property. The board reviewed the maps supplied marked one for the file. The Lot on the original piece of property is occupied by Stauffeneker. The Lot on the South end o sold this March. They wished to subdivid into two lots, one of which would be occu to ea North Caro f the e the pied ch me end 1 and prop midd by th mber and of the Donald erty had been le section e i r daughter. For clarification the two lots under discussion were marked (1) Lot to the North, and (2) Lot on the South. There was adequate frontage for lot (1). Health Department approval has not been acquired as of the hearing. Mr. StaUffeneker^ stated it would be a sand filter system. PB 8 -9 -90 Pg. 2 The property is located approximately 1/2 mile from the intersection of Route 13. Wet area was discussed and a diversion ditch is proposed to off set any run off and diverted around to the road ditch. Drive way to be crusher run stone. Sufficient. MEETING OPEN FOR QUESTIONS FROM THE PUBLIC AT THIS TIME THERE WERE NONE AND THE BOARD CONTINUED THE REVIEW PROCESS: Mr. like th of run there b run off an incr and ask effect. Lavin is, wi off fr^ efore may n ease o ed wha e st shes om t y o Lt of c f fl t st ated as a matter of policy to resolve concerns about he sit will be increased f put in the houses and driv reate problems at that sit ow, affect other property eps were being taken in to on a st whether rom what e ways. e, it may further f minimize ee th wo Wh i ro t p hillside e amount uld be ile extra f there is m the site hat Mr. Stauffeneker stated he didn't think that would change much. Deeto the natural ditch already there they were only talking a small percentage of the property that would be affected. The storm run off is being diverted in a s line instead of running to the back of his property. The house being proposed is 24 by 36 with a 80 foot long, 12 feet wide drive. Due to the Power Line right of way, no building will ever be done there and it is grass. There is a natural ditch between the two, the building lot and the right of way. It was • doubted that any run off would ever get beyond the power line, a distance of 200 feet. It was determined what was being proposed would amount to less then 5% of the lot area. r � The board reviewed the soil maps and determined the drainage for and around the area seemed Sufficient. C. Brenner stat the map and see the Members of the particular site wou amount, however wan Stauffeneker. ed she would like to have seen contours on outlying areas, creek, etc.. board did not feel that run off from this ld affect other areas in any substantial ted to make the concern know to Mr. and Mrs. CAROL STAUFFENEKER completed the form process and requested that the board change the answer to #9 on the Application for Subdivision to NO. This was accomplished. #9 Will there be any deed restrictions? NO. The change was made by M. Lavine on the file copy and the words NYSE &G Power Line Right of Way crossed out. • r � LJ PB 8 -9 -90 Pg. 3 M. Lavine asked Mrs. Stauffeneker where she obtained the information she used to complete the forms, such as soil drainage, grade, and the like? She stated she had conferred with her father, Bob Keech, he had owned land and their own knowledge from living in the area. John Davis acted as primary reviewer concerning the EAF. #`. For the total acreage of project 4.52 acres were placed in parenthesis, this totaled the acres in the two lots being proposed, and 3.00 previous lots added in the answer. #3. What is predominant soil type(s) on project site? Langford, some bath valois were added. b. If any agricultural within Name of Stream land is involved, how many acres of soil are classified within NO soil group 1 through 4 of the NYS Land Classification system? due to not NA placed as answer. #4. a. What is depth to bedrock? 10 -12 feet. #5. Approximate percentage of proposed project site with slopes: (15% or greater ?) was determined to be between 5 and 10 %, and (10 to 15%) 90% - 95 %u #80 What is the depth of the water table? Approximately two feet. (C. Stauffeneker stated she had answered 100 feet because, that was the depth of the well). #15. Streams a. within Name of Stream or contiguous to and name of project River area: to which YES it is tributarye NO NAME, YES. (Answered SEASONAL no, due to not understanding the #17. an If yes, does sufficient capacity exist to allow connection? #4. How ACRES. YES. (Answered vegetation no, due to not understanding the question site? .10 and knowing a poll was to be set). Be PROJECT DESCRIPTION: Number of off- street parking spaces existing on proposed 4. j. Linear feet of frontage along a public thoroughfare project will occupy is? 410 feet. #3. be Will topsoil be stockpiled for reclamation? YES. #4. How ACRES. many acres of vegetation will be removed from site? .10 #7. a. Total number of phases anticipated? ONE Ll PP 8 -9 -90 Pg. 4 #1E+. Will the project generate solid waste? YES a. If yes, what is the anticipated rate of disposal? TWO HOUSEHOLDS. YES b. If yes, will an existing solid waste facility be used? c. If yes, give name TOMPKINS COUNTY LANDFILL #22. If water, supply is from wells, indicate pumping capacity to 15 GALLONS THE NEGATIVE INFORMATION. A MATTER OF POLICY WITH EACH /MINUTE. AND EVERY #E3. TOTAL ANTICIPATED WATER USAGE PER DAY 800 OR LESS gallons /minute. #25. APPROVALS REQUIRED: PLANNING BOARD not Zoning; COUNTY HEALTH DEPARTMENT. C. ZONING AND PLANNING INFORMATION: #E. What is the zoning Classification of the site? RB 1 5 #11. Will the proposed action create a demand for any community provided services: YES as If yes, is existing capacity sufficient to handle projected demand? YES REVIEW OF EAF COMPLETED. JOHN DAVIS moved that the Planning Board declare itself as lead agency on the project for the Environmental Review under SEAR. A second was made by MICHALE HATTERY. No discussion. VOTE: YES (4) M. Hattery, J. Davis, C. Brenner and M. Lavine NO (0) CARRIED JOHN DAVIS moved to give a NEGATIVE DECLARATION on EAF. Second by MICHALE HATTERY. No discussion. VOTE: YES (4) M. Hattery, J. Davis, C. Brenner and M. Lavine NO (0) CARRIED BY MATTER OF POLICY THE ZONING OFFICER SHALL DO THE APPROPRIATE PAPER WORK TO FILE THE NEGATIVE INFORMATION. A MATTER OF POLICY WITH EACH AND EVERY NEGATIVE DECLARATION PASSED. • PB 8 -9 -90 Pg. 5 Acting Chairman M. Lavine CLOSED THE PUBLIC HEARING AT 9 :50 PM. Motion was subject to HATTERY. made by Health No discussion. VOTE: YES (4) NO (0) JOHN DAVIS to approve the preliminary plat, Department Approval. Second by MICHALE M. Hattery, J. Davis, C. Brenner and M. Lavine CARRIED Discussion pursued as to whether to include ditch, stream location for final approval and decided as long as it was not a condition, in the preliminary plat approved, that it would not be required for final approval next month. C & S PRELIMINARY PLAT 10 :00 PM The meeting was commenced by Acting Chairman M. Lavine and the plat was presented by David Herrick, Steve White and Chuck • Dollaway. Dave Herrick, from T.G. Miller Eng., stated: For the Board members that haven't seen this proposal before - they came to the Planning Board back on the 18th. of August 1988 for the sketch plat conference. They had 13 lots then, came back to the Board on the 29th. of September 1988 with the preliminary plat. At that time the EAF long form for SEO►R was reviewed and were granted preliminary plat approval on September 29, 19880 They submitted their drawin construction for the septic and They granted approval for all 1 1989. After receiving Health D thought that it would be econom project, and to move the lots w Road and Handshaw Road. gse we 1 epa ica ith En lls of s rt m 11y f gineers repo to the Heal on the 16th ent approval responsible ontage on th rt and th Department. of February the owners to phase the e existing Wood They came in for final approval for lots 1 through 5 on March 30, 1989 and were granted final plat approval for that phase. As of today lots 1, 3 and 4 have either been built on or are being built on, and lot 5 has been sold. Which leaves the only remaining lot to be sold #`. • 9 9 • • PB 8 -9 -90 pg. 6 Mr. White and Mr. Dollaway would like on and the exit to request approval has been made. The inch steel culvert to be of their final plat permission Town, Mr. Gilbert to night through 13. This phase involves the so It construction removed Ridge Lane approximately the 700 feet long, and has a around at the end. your review and for lots 6 of Spruce "T" turn We had reviewed the road construction design with the Board and also Mr. Gilbert back during the preliminary plat stage. As a matter of completeness and courtesy we asked again recently if he would review the drawings one more time and provide to the Board some direction as to completeness of the drawings. Unfortunately I wasn' to find out what was some additional locat That they are not loc that amendment to the An amendment was made toward the fire stati more. The Town has r Road and have removed off to run down throU down Wood Road undern t i i a priv n it ons o ted o drawi y to the letter or didn't but, I realize that he is f drive ways to lots 10, ff the ends of the "T ", h ngs, concerning an e on, which they d edone the ditch some loggage th gh that culvert. eath Lower Creek xisting on' t ant along th ere that Now th Road an call today requesting 11 and 1`. e will make culvert 1 icipate u e West si was caL►s e run off d into Fa ocat ed up se for any de of Wood ing run continues 11 Creek. A statement, revision to a entrance note on and the exit drawing of 18 has been made. The inch steel culvert to be closed by Town, Mr. Gilbert doesn't want to close it at this time, so It was removed from the drawing. Driveways will be placed on the drawing and reviewed by Mr. Gilbert. Discussion followed on prior approval, whole, phase, etc.. C & S expected final approval tonight. However the Board was unsure why Chairwoman Caldwell placed this on the agenda as a preliminary plat hearing. ACTING CHAIRMAN MITCHELL LAVINE OPENED THE PUBLIC HEARING AT 10:20 PM FOR C R S DEVELOPMENT OF ITHACA, NEW YORK, FOR A SKETCH CONFERENCE /PRELIMINARY SUBDIVISION APPROVAL FOR A PROPOSED PHASE 2 OF THEIR SPRUCE RIDGE 13 LOT SUBDIVISION AND READ THE OFFICIAL NOTICE PLACED IN THE ITHACA JOURNAL. Mitchell Lavine asked for questions /comments from the public. QUESTIONS OR COMMENTS. Procedural discus application and w at this time. • M. Lavine stated: preliminary appro almost two years phase one. I bel approval to phase as advertised onl PB 8 -9 -90 Pg. 7 sion followed to asc hether or not final It seems evident t val of the WHOLE thi ago. The Board has ieve we have the opt two, or we have the y a preliminary subd ertai appro hat w ng be given ion o opt i lvlsl n the stage of val would be approved e have given fore, however it was final approval on f giving final on of considering this on approval stage. It is my understanding that even if we were to stop at that stage Board could a final tonight, and we are all as positive time. as it sounds like people have been thus far, that you would still have the ability to go ahead and start the road before another meeting takes place. We have no way of knowing why the ChairwomAn scheduled this only as a sketch and preliminary decision. I am at a loss to make a recommendation. We wouldn't necessarily hold another public hearing before the final. Mr. do it Davis conditionally stated if we and decide they asked to have approve to come this, back the for Board could a final meeting anyway one more aspect time. of the proposal as M. Lavine: If we give a final approval with certain conditions, it is approved. liming the conditions are meet, it's • approved with out meeting again. That's the difference we're talking about. Whether or not we will have to met on this again before it could be considered finally approved. If we choose to go toward final approval tonight, we should .just to be safe, include in this sketch a preliminary and a final if we want to go that far. I wouldn't skip anything for fear Barbara (Caldwell) is aware of something that caused her to do this. Mr. Slater having talked with B. Caldwell about the agenda stated that he thought it was due to the time lapse. No further comments from the public the PUBLIC HEARING was CLOSED at 10:27 PM. Mitchell Lavine asked for further discussion from the board on any aspect of the proposal as presented. • • • PB 8 -9 -90 J. Davis# O. Lot #7, the swale the lot, where do over the swale? D. Herrick: A. If you look at it find it. It's a existing which s doesn't seem to h indicated areas w reestablished the road construction 7 and 8. Pg. 8 going through the middle of you put the houses? Located in the field, you wouldn't lower area on the lots, eems to disappear. It really ave much definition. We have here we would like to top soil that's left over for and they happen to be on lot 0. The drainage easement, between 8 and 9 what does that flow into? A. There is a channel existing, an established and defined swale, on the The Coleman and Hoag property. Mr. White and Mr. Dollaway have permission in writing from Pamela Coleman and Gerald Hoag to utilize their lands to improve drainage in that corner. (COPIES PLACED IN FILE) Further discussion pursued with the Board in regard to perk, soils, and drainage. It was established that the construction from the fist phase of the project has not increased the run off down stream into the neighboring properties, especially since the Town (highway) has completed improvements. With no further questions for the development, the procedural question was again discussed by the Board. M. Lavine: Choic until our next me following the clo it now, we can ch scheduled and ad as it appears we ago. Because it' to review and con es are ame-we can put off our action on this eting. We have 45 days to act on this se of the Public Hearing. If we want to act on oose to act as a sketch /preliminary as vertised, or we can also add on final approval gave preliminary approval close to two years s more than six months ago we have the ability sider it at a preliminary stage again. The Board discussed in detail, thoughts /concerns /reasons for the proposal being placed /advertised, for tonight agenda as a sketch /preliminary hearing. PB 8 -9 -90 Pg. 9 CLAUDIA BRENNER MOVED TO APPROVE the about THE PRELIMINARY PLAT, SUBJECT APPROVAL TO CONDITIONS was a Does C. there the they Board at this SET were not a desire BY THE to consider HIGHWAY final approval THE HIGHWAY SUPERINTENDENT. tonight? JOHN DAVIS SECOND. • Discussions J. Davis: The sewer, water have all been approved by the Health Department. Was DEC involved with approval of the preliminary? ( ?Dollaway ?): They weren't involved with the SEAR process. Health Department endorsement 2/89. Determined a Public Hearing was not needed for final approval. There is no formal application (paper work) necessary for final approval. VOTE: YES (4) M. Hattery, J. Davis, C. Brenner and M. Lavine. NO (0) CARRIED QUESTION" reviewed and Acting the about letters the Chairman APPROVAL M. Lavine: was a Does C. there the they Board at this time have were not a desire to consider final approval THE HIGHWAY SUPERINTENDENT. tonight? M. Hattery stated that he didn't think any of the members here tonight had any substanc oncern. C. Brenner: One possible compromise would be to see when we could talk with B. Caldwell and schedule another meeting, so that their hardship is not a month. J. Davis Hoag, reviewed and asked the about letters the FINAL APPROVAL submitted Barkwell by P. Coleman and G. property and was told there was a Swale C. there and they were not affected. JOHN DAVIS J. Davis, MOVED FOR FINAL APPROVAL OF THE PROPOSAL SUBJECT TO THE C. Brenner CONDITION SET BY THE HIGHWAY SUPERINTENDENT. MICHALE HATTERY SECOND. Discussion* None VOTE YES ( `) J. Davis, M. Hattery NO (0) ABSTAIN (1) C. Brenner DENIED • PB 8 -9 -90 Pg. 10 It was determined that a special hearing date be scheduled, for final approval of C R S Development, after contacting Chairwoman B. Caldwell. pond, they 11:10 PM HEARING - KENNETH GARDNER - FINAL APPROVAL (4) LOT SUBDIVISION AT THE CORNER OF HURD ROAD AND ELLIS HOLLOW Discussion: J. Davise Q. The pond is not being built, right? K. Gardner: A. Right Q. That's the basic modification? A. That's correct. This is parcel of land that front Road, and Hurd Road. App go I bought this property subdivide it and received in October 1989. I did n approval for a number of concern the Board brought approxi s on E1 roximat and pr prelim of proc reasons up abo mately a 7 acre lis Hollow ely 2 years a oposed to inary approval eed with final one being the ut the pond. At this point the pond is not going to be build. A couple of months ago I appeared and asked about a three lot subdivision. At that time I had an interested party that wish to buy part of lot 1 and part of lot 2. That interest has faded though because, of some of the delays that occurred. I am back before the Board in hopes of receiving final approval for a four lot subdivision tonight. J. Davis: Q. You received preliminary approval as it is here (indicating the plans)? A. Right. Q, I thought you said the Board asked for deletion of the proposed pond? A. No, they didn't ask for deletion of the proposed pond, they asked for clarification for maintenance of the pond. (the pond is shared on two parcels) In part because of that I don't plan on building a pond. I may build it some day if I continue to own these lots. • • • FHB 8 -9 -90 pg. 11 It was determined Gardner: stated that: The Board could not grant final my approval of the subdivision would can if the pond were removed. The preliminary Board approval was given on the subdivision with the pond in place for drainage purposes. if I decide K. Gardner: stated to So one of my options was before would can be to request what's the Board to approve suppose be done, to and have has this as is, and then if I decide to be not to build put the building pond, there, he I would have to come back it to the have this modified and resolve drainage issues. If I take the pond out, you're going to at raise this questions point. This on has drainage already issues, been and engineered I can't to answer handle those some of the drainage concerns. My best option is to request final approval for the plan as it is drawn. Mr. Gardner asked the time frame in which the pond would have to be build? M. Lavine stated to he thought Board the technically which that issue. was before you can put things which on the shows what's market, going you're to suppose be done, to and have has a to filed be plat, done before occupancy It may have to be done before you put a building there, he wasn't certain. You can put it on the market. The final plat has to be filed within 30 days of approval. If in the future, YOU want to come in for a change, deleting the pond or combine lot 3 and 4, you can do that. If one buyer acquires lot 3 and 4 and wishes to modify, the pond significantly or lot lines, then the buyer should be made aware that this board has to approve a change. J. Davis: 0. Is this area subject to flooding? A There are some Cattails growing, We did have it checked out by DEC. �?. Is there a record of that? (Could not locate minutes for the month which preliminary approval was given) A. Could provide to the Board the same document which that issue. was previously (DEC and presented, ARMY CORE that resolved OF ENG.) • • P'B 8 -9 -90 Pg. 12 MICHALE HATTERY MOVED THAT FINAL AP'P'ROVAL BE GRANTED SUBJECT TO ANY AP'P'ROVALS NECESSARY FROM THE COUNTY HEALTH DEPARTMENT, APPROVAL FROM THE STATE DEC, AND ARMY CORE OF ENG. REGARDING THE CONCERNS ABOUT WET LANDS, REVIEW OF APPROVED AGREEMENT FROM THE TOWN ATTORNEY ON A MAINTENANCE AGREEMENT FOR THE PROPOSED POND, AND FULFILLMENT OF ANY OTHER CONTINGENCIES THAT WERE INCLUDED IN THE PRELIMINARY APPROVAL CLAUDIA BRENNER SECOND. Discussion: None VOTE YES (4) NO (0) CARRIED C. Brenner, J. Davis, M. Hattery, M. Lavine M. Hattery moved the minutes from last month be approved next meeting and due to the time meeting be adjourned. J. Davis second. Meeting Adjourned 12:10 I) Respectfully Submitted,