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HomeMy WebLinkAbout2006-06-15Town of Dryden Planning Board Q4 ' June 15th, 2006 �c a► e- Members Present: Chair. Barbara Caldwell, Tom Hatfield, Jim Crawford, Joseph Lalley, Joseph Laquatra David Weinstein Others Present: Dan Kwasnowski, Henry Slater, and Ted Lauve &r Mary Ann Sumner 01 Agenda: Bryn Mawr Estates - Phase lI & III preliminary Manhattan Estates - Phase II Sketch Plat 7:07 Meeting brought to order B. Caldwell Read public hearing notice into the record. T. Lauve Began with giving a brief summary of the Subdivision Section I of the Bryn Mawr Estates. The total of a 37 -lot subdivision with Section I only entails 6 -lots all with frontage ' on Wood Road. Each home has its own individual well and septic system. The concern of the driveway on the first plat was changed so that the driveway will now be positioned in such that there is an appropriate site distance coming over the hill on Wood Road. B. Caldwell Asked if there were any questions? J. Lalley Asked if the track in the south end of the property would be part of our trail system. H. Slater Answered that he was not sure. J. Lalley Wanted to know that if this was to be part of the trail system that there would be no problems in the future. T. Lauve I think that this would be a good idea and that area with the railroad bed in it is a common area and proposed to be owned by a homeowners association. D. Weinstein Asked if there should be any particular language or condition that if the Town were to develop the trail into this area? H. Slater Stated that it would need to be in the Homeowners Association agreement that if the Town were to want an easement that it would be granted. B. Caldwell Asked at what point will the homeowners association take effect? 1 T. Lauve With the first landowner signing a covenant that they agree to the homeowners association. B. Caldwell Stated that the Homeowners Association document would have to be approved by the Town's attorney and to be part of our agreement with Phase I. T. Lauve Said that there are times that the covenant for the homeowners association is included on the plat. We do not like to do that because it sometimes changes at the last minute. A copy of the Homeowners agreement will be given to Henry Slater tomorrow. We can then get that worked out with the Town Attorney. T. Hatfield Is the Town Highway Superintendent satisfied with the various aspects of this project? T. Lauve Jack is looking to change the road specifications and would like this road to meet those standards. If the road specs are changed after this subdivision is approved but before the road is built it would be subject to the new specifications. B. Caldwell Asked for any comments or questions from the public? New landowners of the Town were present at the meeting and commented that they were glad they came. Henry Slater was asked to comment on the Health Department issue. H. Slater As you can see the Health Department is an interested agency as they have authority with the septic approval under the state health department subdivision regulations. I cannot tell you whether they have seen the project in depth. T. Lauve They have received everything you have. H. Slater As you know early on in this process we had identified the potential for stream classifications, wetlands ext. We sent Ted to the Army Corps of Engineers, DEC and Fish and Wildlife. They have all made their findings and reports. In an unofficial way because we did not actually offer the SEQR Lead Agency Status to anyone, we just asked for their input. We have not vet offered it to anyone else. It was determined that the review and comments from TG Miller concerning this subdivision will be addressed. Mr. Lauve did state that he had just received this correspondence. D. Weinstein Asked a question about well and septic sightings. He wanted to know the regulations on the radius of the septic or if you draw the radius of the septic field do you not need to fit it into a certain radius near the well? 2 T. Lauve Under the sketch plan phase we needed to put a certain radius diameter circle that would fit within each lot and that was done. On the preliminary/ final plat we have the distance between the well and septic system at 50', 100' and 200' and we can see that it meets all the required setbacks, which are on the septic system drawings. We have a table on those drawings explaining this. D. Weinstein My question was on lot 6 where you included the 50' setback, 1 wanted to be sure you had enough area to include both a well and septic. T. Lauve The well is directly north and it has a 50', 100' and 200' radius around it. The septic system is outside the 100' radius so that meets the requirement. The septic system is also 100' away from the wetland and that meets the setback required for wetlands. After some investigations and much discussion it was determined for the best that we ask to be declared lead agent. This will take approximately 30 days but if we were to not to take the 30 days and it was challenge it would end up more of a hardship. J. Lalley Moved that the Torn of Dryden Planning Board declare itself ® lead agent on the Bryn Mawr Subdivision D. Weinstein Seconded that motion All in favor - Motion carried. Discussion began on Section II & III. T. Lauve Section II is twelve lots (66 acres), which is on the lower side and heads towards common area 1 and includes lots 7 - 18. They would build a road up to the proposed gravel area with a permanent turnaround that would go into the parking area. Section III is a total area of 75 acres and would include the remaining 19 lots. This would involve the rest of the road construction plus the construction of the pond would need to be before the road. The idea of doing this in sections is because the sale of the lots would generate some income in order to build the road and the pond. D. Weinstein Had a question on how the pond will actually work. T. Lauve It x&411 be off line at the suggestion of TG Miller. The drainage ® area for pond 1 is located in the Stormwater Report. This will 3 include some off site drainage we designed this so it over is compensates for the portion of the subdivision that is not draining to it. We have got full quantity control as required by the DEC permit for the entire site with this pond because it over compensates. The quality control with the area that does not drain to the pond we have got individual dry swales for each of the homes and for the road area that does not drain to the pond. B. Caldwell Are you going to have some sort of indication for the potential owners of those individual lots where swales will be and that they cannot impact those swales and change the pattern . T. Lauve Yes B. Caldwell I just want the future owners to be educated as to the need to maintain those swales T. Lauve It will be documented in the covenant that they need to maintain those Stormwater controls. B. Caldwell There have been issues in the past and we don't want it to happen again. H Slater Brought up the issues from Jack Bush regarding the road. He wanted the board to know that the Town is about ready to change the specifications to meet the specs that Jack gave to the Board. J Lalley Stated that at the time that the road is built it would need to built to the specifications currently in place at the time of construction. B. Caldwell What is the feeling on the name? T. Lauve We have checked with the County 911 services and "Judith" is not taken. I have not spoken with the ownier to find out whether they want Blvd, Lane, Road or Circle. 1 am sure he will be all right with any of them. H. Slater Once you decide on a final name please let me know so that I can apply for that name and reserve it. B. Caldwell Are there any other questions? D. Kwasnowski With the Stormwater pond the homeowners association will be maintaining this right? T. Lauve Correct D. Kwasnowski There may need to be an easement for the Town to have the Highway Department inspect it if there is a need and it is not maintained we would be responsible by law to maintain the pond and charge that back to the homeowners association. D. Weinstein I have two other comment's regarding the TG Miller report prepared by Andy Sciarabba. The unclearness of the sequence of when the temporary controls are going to be put into place with the Stormwater plan. E T. Lauve They are now put in at the beginning and there was also a comment about when they will be taken out and that would be when the first section of the road is put in for Section II. There is a temporary sediment trap before the water is discharged towards the wetland. That would be taken out al the last part of construction and the dry swale for permanent water control would be put in. D. Weinstein The other question I had was that contractors are responsible for maintaining contract limits the limits of clearing. T. Lauve That to me means that it is generally understood that the clearing limits to the road right of way is the right of way and that they do not go beyond that 60'. Every homeowner would be on their own as to how much they want to clear. D. Kwasnocwski Questioned how much area was to actually be disturbed at any given time? T. Lauve Stated that each homeowner would be responsible to clear their lot. M. Sumner While the area of the road is being disturbed no lots will be disturbed and the maximum of those first twelve lots could be in progress. T. Lauve It is not uncommon for the home construction going on when the road is being built. M. Sumner In this case you are not planning to do that. T. Lauve By virtual effect the road right of sway takes up a certain amount of area for the two sections that it is going to be built in. That is the area that is going to be disturbed for the road. While each homeowner it is up to them how much there is to be disturbed. It is a possibility that the two could be going on at the same time. D. Weinstein Is the new cut line going to be part of the homeowners association? How are you going to enforce this? T. Lauve There is language in the covenant that they have to comply with the plans. There is no specific language regarding a no cut zone but I can put it in. B. Caldwell Are there any other question? (Everyone responded no) J. Lalley Made a motion to close the preliminary hearing for Sections II and III. Seconded by T. Hatfield All in favor. J. Lalley Moved for preliminary approval for Sections lI & III subject to the following: • The plat and /or covenant be modified to grant the Town the right to inspection and repair of the ponds as necessary in Section III common area 2 at the cost of the owner. • The roads for Section II 8a 1II to be constructed to the current town road specifications at the time of construction begins. • Should the town request that the railroad right of way be given to the town. • Subject to health department approval and all other agency approval. Motion seconded by T. Hatfield All in favor B. Caldwell Asked about the status of Howser Meadows H. Slater Responded with the fact that the Health Department approval is not yet in. The County Planning Department did not seem to have any issues. "Manhattan Estates" B. Cornelius i would like to get back to this. I have as you can see on the map two existing houses. One of them sat there for three years it is a 4200 square foot house and is priced at $400,000. 1 then thought that if I built a house across the road from it and people could see a neighbor environment. That house has also not yet sold. Both . houses are at $400,000. I have 50 acres and I have designed a road that comes to the 100 acres that my son owns and that is in the future. I have a map that shows the potential of the piece of property. Tonight I am asking for your consideration is Phase I which comes off of Yellow Barn Road and comes in and takes the 4 lots that are in question with the turn around. J. Lalley Are lots B1 and B2 to be considered as part of the subdivision? H. Slater The health department will consider them as part of the subdivision because they have been developed within the last S years. J J. Lalley Our ordinance will be the same right? H. Slater They were exempt but the new lots beyond those two will not be exempt. J. Lalley They were part of the original parcel. H. Slater True but they are acceptable the sway they are. J. Lalley I think we need to consider them as part of the subdivision. B. Cornelius I have had the health department there and they meet all the criteria for sewage systems and we have drilled the well, which is also required by the health department. The quality and quantity of the water has exceeded expectations. The Stormwater is almost ready to go to Ellen Hahn, (DEC regional officer). 6 The reverse map you can see where the one retention pond is present. J. Lalley Questioned the amount of lots. There was discussion on whether there would be a lot at the turnaround or not. B. Cornelius Stated that he would like to not include as many as could be allowed because at this point it would change the tax base and the lots are not yet selling. D. Weinstein This land seems to have a good slope to it. B. Cornelius No it really does not. It is not even a 6 % slope. I have gone over this with Jack Bush. Invited the board to come and look at the land. B. Caldwell Stated that this is a sketch conference. J. Lalley Stated to B. Cornelius that he needed to figure out what it is he is doing and how many lots he would like to include and then come back to us. B. Caldwell You need to work with Henry and get all the necessary documents in and then we can possibly do a preliminary hearing. H. Slater I will not be here the week of the 10th so we would need to have every thing before then in order to get this to you the board. Discussion on whether we have enough people next month to have a quorum. The consensus is to have the meeting on the 20th. D. Kwasnowski Brought back the Renewable Energy Ordinance for discussion with the board. He explained the process the Conservation Board went through and handed out a table to the board reflecting their desired changes. Tom Hatfield stated that the board has not even talked about the impact of what is being requested and how in fits in with the town. Aren't we talking about wind turbines and being how high? The answer being somewhere between 80 and 100 feet. It was asked where these would be placed. There seemed to be some confusion as to the commercial towers and residential towers. T. Hatfield brought up another issue of the cell towers that have been put up benefits many people of the town. The wind towers at best would only benefit the private citizen. This was disputed by J. Laquatra stating that we are an energy importing state and everything we spend on energy leaves our local economy immediately. Energy efficiency benefits local economies by keeping that money inside our communities so it is spent on goods and services here. 7 T. Hatfield was looking the impact of the view sheds of the community. This would impact every person in that view shed that day. It was stated that within the ordinance there is a visual impact statement that would need to be addressed and it would possibly mean a reduced tower height or it not being allowed at all in that area. The discussion continued on the visual impact of the towers. Then the discussion went to commercial vs. industrial, failed wind turbines, fall zones and mechanical issues. B. Caldwell asked if someone were to put a. solar panel on a pole and H. Slater responded with the fact that we currently do not regulate this. H. Slater went on to explain the two types of zoning ordinances as inclusive and exclusive the Town of Dryden has an inclusive zoning ordinance which means that if it is not mentioned we either do not regulate or we do not permit it. The issue with the wind turbines is that we have a tall structures ordinance. That would make it not allowed. Dan Kwasnowski asked the Planning Board for a recommendation ® for the Town Board. Barbara Caldwell asked Mary Ann Sumner, Town Board Liaison what it was she is looking for. M. Sumner responded with at that at this time she has that the Planning Board has not reviewed this ordinance point by point but is in general agreement with the following concerns... • View shed impact 0 Height • Cumulative effect of a number of towers • Catastrophic failure (Blade projectory in case of mechanical failure) D. Weinstein questioned that we require the individuals to have liability insurance on their towers. Dan responded that it was standard language in the other ordinances. H. Slater stated we are requiring them to have the insurance to protect the general public. Mary Ann asked for any more supportive comments from the Board. T. Hatfield stated that this was focused on wind power as an alternative source of energy and we should be looking at all the alternative sources of energy. H. Slater responded that they were all covered in this ordinance. We have concentrated on the wind • because this has the most community impact, individual adjacent P