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HomeMy WebLinkAbout1991-06-20• 0 TOWN OF DRYDEN PLANNING BOARD JUNE 20, 1991 MEMBERS PRESENT: Chairwoman Barbara Caldwell, Michael Hattery, Robert Fletcher, Claudia Brenner, John Davis, and Joseph Lalley. ALSO PRESENT BUT NOT LIMITED T0: Ron Roberts, Dave Herrick, and Bruce Barkley. The Planning Board was called to order at 8:00 PM by Chairwoman Barbara Caldwell on June 20, 19910 Additions and /or corrections were noted and made on the minutes prepared for the May 16, 1991 meeting. A motion Caldwell to approve the May 16, 1991 minutes as corrected was made by J. Davis, second by J. Lalley and approved by all members present. at the land Local Level, the B. Caldwell inquired would be a on the status of the West Dryden Church if it reported had he been placed hadn't on heard. the National Register. Mr. Roberts It was noted there would be a conference language held in Syracuse next week on Creating Affordable Housing at the land Local Level, the Whys and How sponsored by the New York Planning Federation. discussions Supervisor Schug, Councilmen Roberts and Corrigan attended the satellite conference on housing held Tuesday June 18, 1991 at Tompkins Cortland Community College. ----------------------------------------------------------- - - - - -- PUBLIC HEARING FOR JARROW SUBDIVISION REOPENED Mr. Herrick provided additional prints which had been prepared for the subdivision, Pe site s accept depth system rmi e pt abl of ha t i e e d s ha c sy for ight wel ve be stems a ti feet 1 dra e 9 1 i n o fo e f and ned btained from the Hea ur lots with sand fi ield (lot #3). Rock the selected locati soils with a thin c lth De lters was 1 on f or lay la partment for and one is ocated at a each septic yer. Mr. Herrick noted the suggested language for notation of Final.Subdivision Plat, preservation of land for future Town Road accessing adjoining parcels, was derived from discussions between Attorney Mahlon Perkins and Attorney Henry Theisen. • • C E E w O n o In Q W co L Q Q .i O Y y. 4 v3 O r .I 3 10 m W U w 2 .•I to •� w W 4 q U L v N 4 N t ko Ri H I-1 • FIB E -20 -91 PG. Barbara read the following letters from Attorney Perkins and Supervisor Schl_(g � P C t U 3 w v >� o w •n 4 W u C E m , C •n w Y W w ,+ W m a .+ w O >t ti w L c IO W S, S u U 10N R_IIRIINI MA1110N R. PIR.KINS, P. (_.. A 111•RNI 1't ANOI If rn Nll I I(IRS 11 1.1U' •1 \IkI IIaN lIxn I Iv m•r •, IIRI'1•IN, NOW' 1t•RK I ID'.I June 3, 1991 Barbara Caldwell, Chairperson Town of Dryden Planning Board 1624 Ellis Hollow Road Ithaca, New York 14850 re: Jarrow Subdivision Dear Barbara: 1111111,'41 Jean Ryan dropped off at my office minutes of the Planning Board meeting of May 16, 1991 and a photocopy of a portion of the proposed subdivision plat for the Jarrow Subdivision. I note from the minutes that two (2) questions are posed for my consideration. Should a strip of land be deeded to the Town to preserve that strip for future development as a Town road adjoining this subdivision with other lands of Jarrow in the Town of Caroline? Is is there another tool that could be considered to protect the Town's interest other than deeding this strip to the Town? As a general rule the Town does not like to acquire any property that it does not presently need. The Town is not in the business of building roads for developers. The obligation to preserve and protect this strip for future development should rest upon the developer. It is possible to impose restrictive covenants or make notations on the subdivision plat that a specific delineated area is reserved by the developer for future use as a town road. I have seen situations where that area has actually been transferred to another owner subject to the restriction that that new owner will transfer title to the municipality at such time as the future road construction has been completed. The developer reserves an easement.for purposes of installation of a town road. As I understand it, there is some concern about the common division line between Lot 2 and Lot 1. The concern arises because if a strip of land were reserved (by whatever means) for a future road, it might create two (2) parts of Lot 2 on different sides of that strip. Apparently, the objection to moving the lot line is concern over a stand of trees which need to be protected. As a general proposition the Town does not favor irregular or unusable lots. Such a situation may exist if the proposed future road is ever developed. Lot 2 would then be on both sides of the road and the smaller portion would be unusable for any residential purposes other than perhaps a garden. one possible solution is to move the lot line so that it corresponds with one (1) edge of the strip to be reserved for the future road. The stand of trees can be protected by a restriction which provides that they shall not be disturbed except for removal of dead, dying or diseased trees. I have seen this restriction work well in other subdivisions and it serves to protect significant wooded areas from encroachment. I hope I have addressed the concerns of your board, and if not, please feel free to contact me and we will attempt to answer your questions. Best Regards, ver truly yours, Mahlon R. Perkins MRP /ab i pc: James F. Schug, Town Supervisor W 011-1 C W :. m a+ cc 0 3 3 w O e X Y I 1 O E w 0 'O U 1-I • L W U W O w -., w o O L W 0W ^wawa0�u� ✓C C W m tr u t W u O w w W P 0 C W .0 m dw 4 L W u w W O �Iw033mN )a �O7 9 0 0 1 3 u 0 7 0 w O W•n a 3 r 4.1 w W l C Ip a O 7t ua1 alt 7 U w O L C N L W W >, 01 m o ., •n W a� W+ ." U W 7 L t -u 10 O w >duu WW11), o ooaWOamcm" O W m w m L n w >. 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A 111•RNI 1't ANOI If rn Nll I I(IRS 11 1.1U' •1 \IkI IIaN lIxn I Iv m•r •, IIRI'1•IN, NOW' 1t•RK I ID'.I June 3, 1991 Barbara Caldwell, Chairperson Town of Dryden Planning Board 1624 Ellis Hollow Road Ithaca, New York 14850 re: Jarrow Subdivision Dear Barbara: 1111111,'41 Jean Ryan dropped off at my office minutes of the Planning Board meeting of May 16, 1991 and a photocopy of a portion of the proposed subdivision plat for the Jarrow Subdivision. I note from the minutes that two (2) questions are posed for my consideration. Should a strip of land be deeded to the Town to preserve that strip for future development as a Town road adjoining this subdivision with other lands of Jarrow in the Town of Caroline? Is is there another tool that could be considered to protect the Town's interest other than deeding this strip to the Town? As a general rule the Town does not like to acquire any property that it does not presently need. The Town is not in the business of building roads for developers. The obligation to preserve and protect this strip for future development should rest upon the developer. It is possible to impose restrictive covenants or make notations on the subdivision plat that a specific delineated area is reserved by the developer for future use as a town road. I have seen situations where that area has actually been transferred to another owner subject to the restriction that that new owner will transfer title to the municipality at such time as the future road construction has been completed. The developer reserves an easement.for purposes of installation of a town road. As I understand it, there is some concern about the common division line between Lot 2 and Lot 1. The concern arises because if a strip of land were reserved (by whatever means) for a future road, it might create two (2) parts of Lot 2 on different sides of that strip. Apparently, the objection to moving the lot line is concern over a stand of trees which need to be protected. As a general proposition the Town does not favor irregular or unusable lots. Such a situation may exist if the proposed future road is ever developed. Lot 2 would then be on both sides of the road and the smaller portion would be unusable for any residential purposes other than perhaps a garden. one possible solution is to move the lot line so that it corresponds with one (1) edge of the strip to be reserved for the future road. The stand of trees can be protected by a restriction which provides that they shall not be disturbed except for removal of dead, dying or diseased trees. I have seen this restriction work well in other subdivisions and it serves to protect significant wooded areas from encroachment. I hope I have addressed the concerns of your board, and if not, please feel free to contact me and we will attempt to answer your questions. Best Regards, ver truly yours, Mahlon R. Perkins MRP /ab i pc: James F. Schug, Town Supervisor pB 6+ 20 -91 PG. Discussion ensued if a road right -of -way toward the Dryden portion was feasibly due to the grade. The board deliberated at lenity on the right -of -way staying as proposed by Mr. and Mrs. Jarrow or at the border of lot line. The Covenants were discussed and Mr. Herrick noted the added verbiage for enforcement. It was suggested by J. Lalley that #2 be worded assessed value of $175.000 rather then construction cost of $175.000. R. Joseph suggested to leave the lots as Lalley read the letter from line were the Tompkins County Department of planning by James Hanson, Jr.., planning Commissioner. "The proposal, as submitted, will have no significant deleterious impact on intercoUntry, county, or State interests. Therefore,.no recommendation is indicated by the Tompkins County planning Department, and you are free to act without prejudice ". It is noted that there has been no response from the Town of Caroline. The Covenants were discussed and Mr. Herrick noted the added verbiage for enforcement. It was suggested by J. Lalley that #2 be worded assessed value of $175.000 rather then construction cost of $175.000. R. Caldwell suggested to leave the lots as that the wording in #20 include or leoal representative. would make for a more uniformed lot if the line were changed. • po Kn co li • T rt i owi uld kel ROAD RIGHT -OF -WAY DISCUSSION he concern if on of the purp ng the Jarrow' be done by Co ihood or possi Lot 1 osed s are venan bilit i e t y ne #1 aseme inter or d that sh nt est eed Lo ould be was ment ed in pr restric t #2 wou 1ocat ioned esery tion ld be ed b in on co to the Southern y J. Lalley. g the trees lot #1 and the me a split lot. J. Davis stated that he was inclined to leave the lots as designed noting it would make for a more uniformed lot if the line were changed. R. Fletcher suggest the subdivision. Resul redesigning the subdivi Mr. Herrick noted that the final approval that land that is split off piece in the Town of Ca ed the land is of this ,s s i on and at a possibilit when a Town has to be ma roline /or Lo in q Ugge this Y wo Roa inter t #1 _test stio tim u1 d d is ined . ion be re n would m e was not be to sta built th with the moved from can desirable. to /note on e piece of adjoining The -Board was assured the new purposed road, (Sparrow Crest), would be made according to Town standards. They have not received a letter from the Town Superintendent but have had discussions with him. • • PB 6 —E0 -91 PG. 4 Fart 2 of the or greater, (15 foot rise EAF was reviewed project general slopes in the by the board and completed by Joseph (YES) La11ey — CAN IMPACT BE MITIGATED services. resulting CHANGE YES). ins (SMALL TO MODERATE IMPACT ON LAND 1. construction Will the or greater, (15 foot rise proposed action result in a physical change to the project general slopes in the site? area exceed 10%.. (YES) LARGE IMPACT — CAN IMPACT Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%.. (POTENTIAL LARGE IMPACT — CAN IMPACT BE MITIGATED services. BY PROJECT CHANGE YES). Construction that will continue for more than 1 year or involve more than one phase or stage (SMALL TO MODERATE IMPACT). 2. Will there Action be an effect to any unique or unusual land forms found on the site? MITIGATED (NO). residential uses in areas without water and /or PROJECT sewer services. CHANGE — IMPACT ON WATER 3. NO 4. NO 5. Will Proposed Action affect surface or groundwater quality or quantity? (YES) Proposed Action Action will change flood water flows allow MITIGATED residential uses in areas without water and /or PROJECT sewer services. CHANGE — YES) (SMALL TO MODERATE IMPACT) 6. Will proposed action alter drainage flow or patterns,or surface water runoff? (YES) Proposed Action would change flood water flows BY MITIGATED BY PROJECT CHANGE — YES) 7. NO 8a NO 9. NO 10. NO IMPACT ON AIR IMPACT ON PLANTS AND ANIMALS IMPACT ON AGRICULTURAL LAND RESOURCES (CAN IMPACT • 11. NO 12a NO 13. NO 0 0 14. NO PB 6 -E0-91 PG. 5 IMPACT ON AESTHETIC RESOURCES IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES IMPACT ON OFTEN SPACE AND RECREATION IMPACT ON TRANSPORTATION IMPACT ON ENERGY 15. Will will cause a greater than 5% increase in the proposed form action affect the community's sources of fuel or energy supply? (YES) Proposed Action will cause a greater than 5% increase in the use of any form of energy in the 'municipality. (SMALL TO MODERATE IMPACT) MODERATE NOISE AND ODOR IMPACTS 16. NO IMPACT ON PUBLIC HEALTH 17. NO IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? (YES) Development will create a demand for additional community services. (SMALL TO MODERATE IMPACT) 19. NO PART 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS Question 1. ANY IMPACT WILL BE MITIGATED BY DRAINAGE PLAN. 0 �J • PB 6 -20 -91 PG-. 6 No further Lalley questions moved wording of Michael Hattery moved the hearing - closed and second on the by John Davis. proposed. VOTE CARRIED YES (5) NO (0) M. Hattery, R. C. Brenner and ABSTAINED HEARING CLOSED Fletcher, J. Davis (0) J. Lalley Joseph the Board Lalley sub- division discussion on the moved wording of the Board make a NEGATIVE DECLARATION on the project the as proposed. of the Lot Second by Michael Hattery, VOTE YES ( 5) M. Hattery, R. C. Brenner and NO (0) ABSTAINED CARRIED Fletcher, J. Davis (0) J. Lalley Before the Board voted on.the sub- division discussion on the compromise wording of the road right -of -way was discussed., the project subject leave to the relocation of the Discussion, Joseph see Lalley problem. moved that the Board approve the project subject leave to the relocation of the Lot One line with or with out deed restrictions pertaining to the tree issue, the trees which are now a part of Lot Two. Second if the concern is by John the trees, Davis. Attorney Discussion, own that see piece problem. J. Lalley VOTE wouldn't built. Mr. leave Lalley a stray Claudia Brenner would particular piece. stated it is important because it piece of land. agree if Mr. Jarrow didn't own that He may not own that see piece problem. when the VOTE road is built. Mr. Lalley Lalley was concerned with the future when he may not own that lot and if the concern is with the trees, Attorney Perkins has suggested that can be handled with deed.restrictions on Lot One. M. Hattery.did not see as a divided lot would create a problem. R. Fletcher didn't see a problem. VOTE YES (1) J. Lalley DENIED NO (4) M. Hattery, C. Brenner ABSTAINED (0) R. Fletcher, J. Davis • • • PB 6 -20 -91 RG. 7 John Davis wished to know what other contingencies need consideration for" approval. B. Caldwell built noted first they would obviously need a acceptance plan /bond for the to road. Mr. Herrick stated they have planed to make all the improvements and then present it to the Town. Mr. Herrick again reviewed their plan for the pond which would Barbara built Caldwell first stated they would probably need a drainage plan and noted There due to the necessity of a lot of cutting and fill there would the be a need is a necessity for a plan to contain the loose soils during construction. Mr. Herrick again reviewed their plan for the pond which would be built read first in order to contain much of the sediment and runoff. transfer the There would be some -run off from the North side road surface Lot one down into the Snyder Hill Road and there is a necessity for sizing culverts. of Caroline. Barbara Caldwell road be built read right -of -way the the following two shall transfer the South statement prepared by Claudia Lot one Brenner and asked by Jarrow for discussions Town of Caroline. Should a road be built on the right -of -way the owner of lot two shall transfer the South portion, that has.been divided, to Lot one or adjacent property currently owned by Jarrow in the Town of Caroline. This is pending the Town Attorney's approval of the mechanism and wording. The board discussed the legality of adding such wording and decided if it were attached would be binding. There was no determination on the word.transferred with regard to monetary amount. Robert stipulation Brenner. VOTE DENIED Fletch0br'moved to the final YES (2) NO (3) ABSTAINED to add the above wording as a approval procedure. Second by Claudia R. Fletcher and C. Brenner J. Davis, J. La 1 1 e y and M. Hat t ery (0) i • • 0 PB 6 -20 -91 PG. 8 John Davis moved to approve the Sub - Division with the stipulation that: 1.' The right -of way easement developer satisfactory to the Town Attorney, the lineated the made part of the approval E. The drainage plan made satisfactory to the Town Engineer for drainage during and after construction. 3. The road to be build and accepted by-the Town. 4. Any other necessary permits by obtained. The motion was second by Michael Hattery. No discussion VOTE YES (4) CARRIED NO (2) ABSTAINED Claudia Brenner, Michael Hattery John Davis and Barbara Caldwell Joseph Lalley and Robert Fletcher (0) ,SKETCH FLAN CONFERENCE FOR PRECISION BUILDERS Location: Ellis Hollow Road CHAIRED BY JOSEPH LALLEY Bruce Barkley developer spoke for Precision Builders and presented the following% Develope (9) new with property. Total (10) (1) existing residence on the Lots 1, 2, 3, 8, 9 and 10 will all be two plus acres. Lots 4,5,6 and 7 will be closer to three plus acres. This 26 acre parcel was originally part of a larger 50 acre parcel which was given to Cornell which includes the designated wet lands. Proposed deed restrictions. PB 6 -20 -9 PG. 9 Both their engineer and the Health Department have looked at the site and are awaiting the official written documentation from the Health Department. Their engineers preliminary determination Environmental ise The deep hale test and the perk holes Concern that they did indicate that the Health Department will be able to design some type of septic .system for each of the lots. Department of Environmental Concern April 1991 erosion and sediment control guidelines: "The following are examples of projects which soil erosion and sedimentation are a common relevant areas of environmental concern. Residential development consisting of (5) or more dwelling units 'unless each dwelling unit is on a lot of two or more acres. The proposed road is.less than the maximum slope allowed. Sight distance on Ellis Hollow Road is satisfactory, In the process of obtaining information pertaining to water systems and quality of existing water. Would like to eliminate the right -of -way to existing • properties. All except for one is not developable and that lot is shaped like this one and would have to be developed the same. A right -of -way would not serve any purpose. Mr. La 11 Cornell Mr. Bark would be 6% grade with a s ey Wet ley de uff not La st vel If ici ed the change i nds would remai ated the propos oped by the Fein there was any t ent area being • the • alon ed roa e tree ype of flat, turn g th d of l,i n dro aro e to f E1 e wh p it U t 1 i nd 1 is ch wo and.access to the ine. Hollow Roadway has approximately uld be spread out Concern was mentioned for contours compatible with lot parcels so there would not be a steep drop from the road to the existing proposed parcel of land due to the necessary fill for the road. Health Department would require the well and septic be placed 200 feet away from the designated wet land. To discuss with the highway department the grading of the road and the sight distance from that particular placement of the road. LJ • PB 6 -20 -91 PG. 10 To.investigate Brenner at the practical a proposed aspect of right -of -way similar to what was discussed Why it during go the lots 9 and 10 and not Jarrow 6 Sub- Division. 7 To look Brenner at the practical were aspect of that and present it at the next hearing. Why it should go between lots 9 and 10 and not lots 6 and 7 for example, or not at all. C. Brenner concerned about the road cut if the other property were sub- divided. Mention was made4that the parcel developed now would as part of the development and the drive would exit proposed road. Hearing for the Sketch Flan closed. J. Lalley moved and second by M. Hattery to adjourn. t Respectfully be placed onto the Carried. s mitted,