Town of
October 6, 2005
Present: David Swanson, Chairman
Rolly Allen, John Brown, Pam Peterson, Tim Costello, Katy Wells
Absent: Peter Foster
Also in attendance: Cathy Clark, Zoning Enforcement Officer
Nancy Young, Recording Secretary
David Swanson called the meeting to order at 7:00 pm. Members of the Board introduced themselves and welcomed Katy Wells as a new member of the Planning Board.
The following changes were made to the minutes from September 1, 2005:
Page 2, Meehan (11-1-4.2) addendum to the motion:
That, because of the need of Ms.
Meehan to show ownership of the 5 acre lot to obtain needed financing, approval
is hereby given for the subdivision of the 5 acre lot (for which a survey has
been provided) from the entire lot being subdivided. It was understood that a
survey for the remaining lot would be provided as soon as possible.
Page 2, Ragot (42.20-1-6) addendum to the motion:
In order to prevent automatic approval of the subdivision under Section 150-6F(1) of the Subdivision Regulations.
Page 3, Gall (11-1-22) 2nd
paragraph, last sentence should read “There has been a complaint and
Cathy Clark feels the matter should be reviewed by the Planning Board.”
A motion to accept the amended September 1st minutes was heard from Pam Peterson and seconded by John Brown.
Vote: Approved, 6-0
The minutes from the September 9th meeting were accepted as written on a motion made by John Brown and seconded by Pam Peterson.
Vote: Approved, 6-0
Ragot,
(42.20-1-6) Lakeshore Dr. TR-2
Cathy Clark explained to the Board that the information needed to take action on the subdivision at the last meeting was addressed to her at the Town Hall, but was delivered to her home. The submission was timely and the application should not have been rejected by the Planning Board. (See minutes from 9/1/05 and above addendum.) Members reviewed the packet, dated 8/29/05, containing materials related to the dredging/fill and easement issues. (amended on 11/03/05)
Lengthy discussion ensued concerning the piles of fill that
Mr. Ragot has placed on the low lying areas of the
property to help prevent flooding. Board members agreed on the need to
stabilize the site and address the stormwater/erosion
issues. A reference was made to a study that Jarrett Martin Engineers did for
the Town in 2001. The report outlines measures to prevent stormwater
erosion in the area along Jenkins Brook. Chris Navitsky,
David Swanson noted that the Cape Cod Village Association
has brought a legal action to prevent the subdivision pursuant to their
regulations. He noted that Association rules are enforceable by the Association
but not by the Town of
Mr. Ragot has given his permission to extend the time needed for approval, according to Cathy Clark.
Beneduce, (42-1-23.1)
Cathy Clark reviewed the information packet, dated 9/27/05, she has received from CLA Site, the firm representing Mr. Beneduce. The hydro-geological report (Hanson Van Vleet, 9/22/05) confirms there is a very low probability of significant impact to wells on adjacent properties. DEC states there are no known endangered species or critical environs in the area. Also, because the site is located within an Archeo Sensitive Area, an archeological study may be required, (9/6/05).
Chris Navitsky reviewed his concerns, outlined in a letter dated 9/29/05, with the Board. He suggests a Stormwater Management Maintenance Agreement be drafted to outline requirements and responsibilities and feels more information is needed concerning the proposed wet pond. CLA Site engineer Peter Loyola stated a new and deeper (10 ft.) test pit for the pond can be dug to address any concerns.
Robert and Linda Chamberlain, adjacent property owners,
reviewed the concerns listed in their letter to the LGPC, dated 9/22/05. They
were assured by Peter Loyola that the staging area is only temporary (needed
for pond excavation) and the electric service will be underground.
Although the time for public comment has expired, the Board agreed to allow Dot Stillinger to read her letter, dated 10/6/05, into the record. Vote: Approved, 4-2
Ayes: Swanson, Peterson, Brown, Wells
Nays: Costello, Allen
Ms. Stillinger’s letter addresses several concerns with the proposed subdivision.
The LGPC will vote on the project on October 25th. The APA is non-jurisdictional.
Tim Costello moved and John Brown seconded, to approve the subdivision, contingent on the
approval of a LGPC Stormwater Management Plan, archeological approval from the NYS Historic Preservation Office, that all conditions noted on the plot plan, dated 8/31/05, be met and subject to the satisfaction of Chris Navitsky, LG Waterkeeper.
Vote: Approved, 5-0-1
Ayes: Swanson, Brown, Costello, Peterson, Wells
Nays: none
Rolly Allen recused himself because of a potential conflict of interest.
Chairman Swanson stated he felt a mistake was being made by not imposing a fee for recreational land purposes as permitted by the ordinance. The Planning Board should make a recommendation and the Town Board must set the amount.
CLA Site will submit a final packet upon completion of the LGPC review process.
Kostides, (26.17-2-2)
Lakeshore Terrace TR-1
Emily Cobb, on behalf of Mary Kostides, appeared before the board for guidance in subdividing a 4.63 acre property. The original sketch showed a 3 lot subdivision of approximately 1.3, 1.3 and 2 acre lots. Because of the steep grade and lack of access to the third lot, it was suggested Ms. Kostides combine lots # 2 and #3. The board agreed there is not yet enough information to approve a sketch plan.
Cockrell, (26-10-1-33) Friends Point TR1r
The Cockrells wish to modify a utility room and turn their carport into a garage/recreation room. Planning Board members reviewed the status of the septic system on the property. Although plans call for the town sewer system to extend to Friends Point at some time in the future, the Cockrells agreed a new cement septic tank is needed to replace the aging metal tank currently in place.
Rolly Allen moved and John Brown seconded to approve the proposal with the condition that a new septic tank and distribution box be professionally designed and installed.
Vote: Approved, 6-0
Gall, (11-1-22)
Mr. Gall has sought retroactive approval for the addition of walls, doors, and windows to a storage shed located 25 ft. from the Hague Brook. Prior approval for the deck and roof had been given by previous ZEOs. Such conclusions were reached because the Hague Brook has been determined to be non-navigable. Based thereon, the Planning Board does not need to review this matter. The Board agreed there is a need to revise wording in the code with respect to this matter.
Belden, (24-1-47)
Cathy Clark explained the Belden property has been used as a
commercial site since 1976 but is still listed as residential property on the
tax roll. In response to the Town of
Hague Volunteer Fire Department, (25.5-1-16)
The department is requesting retroactive variance approval for greater than 25% lot coverage and less than the 25 ft. setback from the property line. Adjournment requested until next month, per John Breitenbach, counsel for the department.
Beaty (26.18-1-1.2)
Lakeshore Dr. TR-1
Mr. Beaty explained his proposal
to replace his seasonal residence with a year round home. Proposed construction
will be 32 ft. from the lake and the percentage of increase will be greater
than 25%. According to Mr. Beaty, lot coverage,
including the boathouse (which includes living accommodations) and the main
residence, will be 22%. No increase in the number of bedrooms (3) is planned. A
Site Visit was scheduled for October 12th at 9:00 am. At that time,
the group will determine if and what variances will be required.
The meeting was adjourned at 9:20 pm on a motion made by John Brown and seconded by Rolly Allen.
Vote; Approved, 6-0