Planning Board
REVISED Draft Copy
Meeting of August 4, 2005
Chairman David Swanson called the first of three Public Hearings to order at 7pm with Rolly Allen, Cathy Clark, Pam Peterson, John Brown and Peter Foster present and Tim Costello absent.
The first Public Hearing was held on the application by Elizabeth Meehan and N. Jon Meehan for a subdivision on 860 New Hague Road. Adjoining neighbor Mary Meehan, of 867 New Hague Road, spoke in opposition to the subdivision due to improper acreage ownership listed on the application. She has a deed indicating that she owns some of the property in question which she will present to the ZEO. The Public Hearing on Meehan subdivision was then closed.
The next Public Hearing was held on the Ragot application to subdivide property on Route 9N across from Cape Cod Village. Chairman Swanson reported that 18 letters had been received in opposition to the application. Some cited the problems of flooding on a section of the property but most of the letters addressed concerns about the restrictions in Mr. Ragot’s deed stating that sub-division was not allowed.
Speaking against the proposal at the meeting were: Michael Hmelovsky, President of the Cape Cod Village Club, 8 Anchor Way; Dr. Alan Korot, owner of the property landlocked by Mr. Ragot’s property, who indicated he has been using the road to his property as a public access for over 30 years; and Claire Best, 8843 Lakeshore Drive, adjacent to Ragot property who alluded to the flooding problem and questioned the use of a “private” access to the subdivision.
Chairman Swanson addressed the issue of the deed restriction. He noted that the Planning Board does not have the right to enforce private covenants. Although the Cape Cod Village Club has the right to pursue the enforcement of the deed restrictions in a civil court, the Planning Board does not have the right of enforcement according to the legal advice of both the NYS Department of State and Town Attorney Viscardi. The association (CCVC) has to take care of its rules and the Planning Board has to take care of only those rules in the code under its jurisdiction.
Additionally, Chairman Swanson noted that the Ragot application meets the minimum requirements for a subdivision although the Planning Board has not yet acted on the application. The Planning Board has 62 days to act after the Public Hearing on a proposal. If they do not take any action, it is automatically approved. The Public Hearing on Ragot was then closed.
The last Public Hearing was held on the Beneduce application for a major subdivision on Dodd Hill Road. Joe Feurst, All Points Land Survey, represented Mr. Beneduce. He stated that they are following all the guidelines in the subdivision regulations.
Alice Patchett spoke in favor of the project and spoke about the good character of Mr. Beneduce. In response to posters that had been put up around town, his daughter stated that any issues in his development in New Jersey have been settled and he did not break any rules.
Peter Loyola, with CLAsite who prepared the SWPPP report, stated that they will comply with the stormwater regulations and are proposing only selective cutting. A retention pond will be built mostly on Mr. Beneduce’s property so he will be maintaining it.
Nelson Waters, 239 Decker Hill Road, spoke in favor of the project noting that the lots are larger than required, the property is flat, there is plenty of room for ingress and egress and the stormwater plan is “above and beyond” what is necessary.
Several letters have been received against the proposal including an unsigned letter. It was stated that it is the policy of the Planning Board not to read an unsigned letter.
Chris Navitsky, Lake George Waterkeeper, has reviewed the application and finds that there is no reference to the LGPC regulations on stormwater management. He spoke at length in detail and also wrote a letter to the Planning Board outlining several general issues as well as with the stormwater management plan. He requested that no approval be given until these issues are addressed and that the Public Hearing be kept open.
Dorothy Stillinger, Chatham, NJ, is a member of the Ten Towns Great Swamp Watershed Management Committee, in the area where Mr. Beneduce has property in New Jersey. She suggested that an independent engineer should look at the stormwater management plan.
Sandy Swanson, 124 Dodd Hill Road, expressed concern about the impact of 10 new wells and a guarantee that it would not deplete the wells of the existing homes. The engineer felt that the wells would be around 100ft deep but one neighbor had to drill over 500 feet.
Susan Darrin, 15 Viewpoint Road, expressed concern about Lot 11, the large remaining parcel in the subdivision that Mr. Beneduce is keeping. Since that lot adjoins a brook which runs into Lake George, she asked about restrictions or plans for further subdivisions of that parcel. Mr. Feurst said that the plans call for a 100 foot buffer on either side of the brook.
John Brown moved and Pam Peterson seconded a motion to close the public hearing. In discussion on the motion, it was felt that with the questions that had been raised and in light of the 62 day time clock which starts at the close of the public hearing, that perhaps the meeting should not be closed. The motion to close the public hearing was defeated 6-0. A second motion, made by Rolly Allen and seconded by Pam Peterson, to keep the Public Hearing open was approved 6-0.
After a five minute break, the regular meeting was opened. Rolly Allen moved and Pam Peterson seconded a motion to accept the edited draft minutes. Approved 6-0.
OLD BUSINESS
SUBDIVISION
1. MEEHAN (11-1-4.2), 860 New Hague Road, OC-1 and RC.
The applicant wishes to subdivide a portion of the 125 acre property into two parcels of 5 acres and 119.6 acres. Rolly Allen moved and Pam Peterson seconded a motion to postpone action on this application since no revised plan has been received and an issue of ownership was addressed in the Public Hearing. Approved 6-0.
2. RAGOT (42.20-1-6), Lakeshore Drive, TR-2
The applicant wishes to subdivide a 7.73 acre parcel to create 4 lots - 3 of 1.1 acres and the other of 4.43 acres. A motion was made by Rolly Allen and seconded by Pam Peterson to table this request for 30 days to ensure that issues raised in the Public Hearing are addressed. Approved 6-0.
3. BENEDUCE (42-1-23.1), Dodd Hill Road, TR-1
The applicant requests approval for a major 11-lot subdivision. A list of items to be considered were discussed with the developer after the site visit and indicated in the sketch plan approval (including the 100 ft buffer on either side of the brook and no development on lots 1& 2 beyond the stone wall). Mr. Feurst noted that each lot will be cleared for the driveway and house but no other cutting will be done in order to maintain buffers between the lots. A note is on the plat to indicate the restrictions on the cutting.
A new survey indicates the buffer. The issue of parkland requirements, and whether the buffer satisfies this requirement, will still have to be determined by the Town Board after recommendation by the Planning Board.
Mr. Feurst indicated that the location of the wet pond will contain any stormwater runoff before it gets to the brook. Additional considerations will be given to the concerns about stormwater management. A preliminary hydro study should be done with regard to the 10 wells on 10 acres which share the same aquifer with other properties already using it.
The Public Hearing is being held open so no action was taken.
SITE PLAN REVIEW
1. LIPORI (26.10-1-18), Forest Bay, TR-1
The applicant wishes to remove the existing house and replace it with a 2-story log home. Rolly Allen moved and Pam Peterson seconded a motion to approve the application acknowledging the recommendations of the Condit memorandum. Approved 6-0.
NEW BUSINESS
SITE PLAN REVIEW
1. DWENGER (60.9-1-31), Bobkat Lane, TR-1
The applicant wishes to add an addition to the front (street side) of their existing home. A site plan is required because the addition will be within 100 feet of the Lake.
A motion was made by Rolly Allen and seconded by Pam Peterson to hold the meeting open until Monday, August 8 at 9am in order to meet at the Dwengers for a site visit. Approved. 6-0.
CONTINUATION OF MEETING
August 8, 2005
Board members Swanson, Allen, Clark, Peterson and Costello met at 9am at the Dwenger residence to resume the meeting from August 4, 2005.
Rolly Allen moved and Pam Peterson seconded a motion to approve the Dwenger application. Approved 5-0.
Rolly Allen moved and Dave Swanson seconded a motion to adjourn the meeting. Approved 5-0.
Meeting adjourned at 9:20am.
Respectfully submitted,
Judy Stock
Acting Recording Secretary