Town of
Planning
Board
June 2,
2005
Chairman Swanson called the meeting to
order at 7pm with Rolly Allen, Tim Costello, Pam Peterson and Cathy Clark
present. Peter Foster and John Brown were
absent.
For the minutes of the regular meeting of
5/5/05, it was noted that the correct name of the surveyor for Mr. Beneduce is
Joe Fuerst. Tim Costello moved and Rolly Allen seconded a motion to
approve the minutes as corrected. Approved
5-0.
Rolly Allen moved and Pam Peterson
seconded a motion to approve the minutes of the special meeting of
5/24/05. Approved 5-0.
Cathy Clark noted for the record that the
Planning Board had 2 meetings and 2 site reviews during the month of
May.
OLD BUSINESS
SUBDIVISION
1. BENEDUCE (42-1-23.1),
The applicant wishes to subdivide his property into a major 11-lot
subdivision. Discussion continued on the sketch plan review of the
proposal.
Along
The surveyor, Mr. Fuerst asked for a clarification of the recreation area or
non-development area along the stream open to the residents of the
subdivision. He felt that a non-developmental area would be on the map but
did not need to be encouraged. The stream is about 1100 ft long and 100 ft
on either side of it could be set aside. Residents could access the
area from the back of their lots on a 10 ft path that could be
created.
Chris Navitsky asked whether the park land was open to residents or just the
residents of the subdivision. The park land or open space is just for the
residents but if funds were required they could be used for facilities for all
residents.
The set-aside area (5-6 acres) would need to be restricted in the deed of the
land in lot 11. It was felt that this area would be left undeveloped and
could be accessed by the subdivision residents. It is a very steep area
which probably should not be developed anyway.
The language of the code states that set aside could be park, playground, other
recreational or open space. Cathy Clark read the definition of open space
(160-10 under definitions) to be: “Any recreation use particularly oriented to
and utilizing the outdoor character of an area, including a snowmobile trail,
bike, jeep or all-terrain-vehicle trail, cross-country ski trail, hiking and
backpacking trail, bicycle trail, horse trail, playground, picnic area, public
park, public beach or similar use.” Since this definition is in the Zoning
section of the Town Code (160) , not the Subdivision section (150), Chairman
Swanson felt that it would need to be studied to see if it also applied to the
subdivision section.
At this stage of sketch plan review, the Planning Board can suggest changes they
would like before the developer goes to final plans.
One of the suggestions is to preserve the area around the stream as
undeveloped.
Cathy Clark noted that Mr. Beneduce, during the site visit, had seemed
agreeable, on lots 1 and 2, to the deeded restriction that no building would be
any closer than the stone wall and no development would be beyond the stone
wall.
Rolly Allen suggested that the only tree clearing done should be that necessary
for building the houses. Mr. Fuerst said that their next plan would show
the driveways and the cleared areas for the houses and be much more detailed
with a stormwater plan. Mr. Swanson read from the subdivision code, “In no
case shall a living tree with a diameter of 24 inches or more as measured at
breast height be removed unless such tree is within the limit of clearing for
roads and utilities of a street as shown on the typical clearing and grading
cross section being employed. Removal of such trees not lying within such
limit of clearing shall be subject to the prior approval of the Planning
Board.” Mr. Bailey’s interpretation is that this requirement is only
for the creation of the subdivision and that once the lots are created “we are
out of the subdivision regulations and into zoning and there is no such
requirement in zoning for tree preservation except along the shoreline.”
Mr. Allen felt that whether it is a requirement or not, this is the time to come
to an agreement with the developer to put in deed
restrictions.
Tim Costello moved and Cathy Clark seconded a motion to approve the sketch plan
with the following suggestions:
1) 100 ft on either side of the brook (stream) be set aside for open
space
2) No development on lots 1 & 2 beyond the stone
wall
3) Restrictions on cutting on each lot
Approved 5-0.
2. RAGOT (42.20-1-6),
Robert Ragot appeared to continue the sketch plan review of a proposal submitted
in February to subdivide a 7.73 acre parcel (which is currently in the Cape Cod
Association) into 4 lots - 3 of 1.1 acres and the other of 4.43 acres.
The Board discussed some of their observations at a site visit. There was
much concern about the lot with the very steep slope, the flooding area and the
design of the lots. There remains a landlocked building (owned by Korot) on the
property which needs to be given access to
Mr. Ragot will resubmit his sketch plan considering the comments and with a
clear definition of the egress for the 3 lots.
SITE PLAN REVIEW
1. HINES (26.14-1-5), Friends Point, South,
TR-1
The applicant seeks approval for minor modifications to the roofline of the
existing house and modification to the existing
entrance.
Rolly Allen moved and Cathy Clark seconded a motion to approve the site
plan. Approved 4-0. (Tim Costello was momentarily out of the
room.)
ZONING CHANGE
1. MAIARO (42-1-9),
Applicant has requested a change in zoning within the Special Commercial Use
Zone to be a consistent 2.9 acres. A letter was received from APA
indicating such a change may be possible. The APA would have to hold a
Public Hearing and send notices to all affected parties. It would be
subject to the SEQRA review as a Type 1 project. The lead agency would be
the APA with the Town as the sponsor since it includes more than one property
(Maiaro, Nadeau, Waters, Weiss).
The Town Board will have to make the decision but asked the Planning Board for
their recommendation. ZEO Bailey has written a suggested letter to the
Town Board.
The Planning Board recommended that the Town Board should address these
issues:
1) To make all the properties in the commercial zone have the same requirement
probably makes sense.
2) Other landowners affected by the change should be consulted.
3) The issue of costs should be considered.
4) Hold a public hearing before submitting to the
APA.
ZEO Bailey will draft another letter, send it out and if everyone agrees,
Chairman Swanson will send it out to the Town
Board.
OTHER OLD
BUSINESS
PHELPS - Cathy Clark noted that the minutes of the last meeting indicated that
the approval was “also stated to constitute Site Plan Approval provided that the
ZBA approves the variance with such five conditions [as approved by Planning
Board] “. The ZBA did not approve the conditions when it approved the
variance. ZEO Bailey, however, said that he is sending the Planning Board
conditions to the Phelps as a condition of Site Plan Approval so that it does
not need to come back to the Planning Board.
NEW BUSINESS
Cathy Clark asked about the need for Planning Board approval for change of use
for the new commercial ventures in the hamlet. ZEO Bailey said that when
someone buys or rents a property he has no way to be aware of it. Now that
he is aware of it, he will write them a letter and let them know to fill
out the appropriate paperwork.
Cathy Clark also reiterated her request that proposals be given to the Planning
Board in a timely fashion in order to minimize the number of meetings that are
necessary. Councilman Gladu suggested that they work on a process
modification according to a plan that ZEO Bailey has submitted to Chairman
Swanson.
OTHER
BUSINESS
Councilman Gladu handed out a document “Parkland Requirements for Major
Subdivisions”. He suggested that the Planning Board has to put together a
definition and set of criteria for the recreational needs of the Town which can
be used as a comparison for subdivision requests. The zoning code seems to
be driven by the “incomprehensible comprehensive plan” and it was suggested that
the problem is larger than just recreation and needs to be addressed by a group
other than the Planning Board.
Chairman Swanson moved and Cathy Clark seconded a motion to adjourn.
Approved 5-0 and meeting adjourned at 9:20pm.
Respectfully
submitted,
Judy Stock
Acting Recording Secretary