Planning Board - Regular Meeting

Heat. Heat. [Music] Heat. Heat. Okay. Uh, good evening everybody. It's 6:30. Open the meeting. Uh, can we have a roll call? Sandy here. Johny here. Christine here. Danielle here. John Cra here. Freddie here. And Tom here. Okay. So, John Dudley and Freddy Bano, we're going to point you to fill in cuz we're missing two members. Okay, we have five five items on the agenda and we're going to start with 655 Ridge Road Miller here. Okay. [Music] Okay. And Miller. Okay. Melissa Miller for Drezy. Uh what would you like to say about the project? Um so we are here for this public

hearing portion. Correct. So we had submitted last time if I had Okay. We haven't opened it up the public hearing to do that when they're done. They can they can speak and then you can open up public. Okay. So, we're just simply doing what we had mentioned on there, splitting the property into two. Okay. Okay. Uh, anybody have any questions about it? And the the front parcel lot two that's just a development parcel to just a what the front lot two is just a residential residential correct any other comments board. Yeah. Where do you anticipate the access to the the lot being from which house? So I think if you remember Pat Miller said last time that the the lot two was a house that had burned down and it has a driveway already there. So that would make the most sense of Are there any cuts on? They are not cuz there is a um a ditch in in there that that the right of way coming off of the driveway for the second lot could access but it's already established. Okay. Any other questions? Okay. I'd like to open uh a public hearing. Uh we need a motion to open. Josh second Christine. Okay. Okay. The public hearing is open now. Who would like to speak? Okay. Please come

up. My name is Samuel Queen. I live across the street. This is 52. And um I was just curious why one large parcel is that intending to be developed as um a one unit building for multiple people or are is it being sold off as agriculture the first time? I just have a question. Absolutely. So the reason um and again forgive me on the real estate agent um and the daughter. So originally it was two parcels. It was the horse farm and it was the second lot. The decision to put it together was made by Patton and another at one point thinking that we would sell the entire thing as one. There is a purchaser that has now taken over the house that I left from and the horses if you notice that I right. So in order to sell it they have put the road off of Beckworth because the horse trailer will do much better coming off of that than ridge road. And that's the division that's in place is essentially turning it back to the same thing it was but switching the driveway up. So it's going to say farm res. Yes. And to develop it beyond that at this time. Now the reason for the the subdivision at this time is because the house and the horse farm and all of that is being sold and they didn't want all 30 acres. They only wanted the 24 that it ends up being. So, it leaves the other parcel behind. Uh, no major decisions have been made on what to do with that. And the larger parcel is the part that extends down towards correct. Yep. With the pond and all of that. So their access they will still maintain a right of way as the map shows off of Ridge Road for a right-of-way drive but their main drive

is going to be off of Beckwith. Okay. Thank you. That makes Thank you for clarify question. Um I I have a question on part one. There was uh does any portion of the site of the proposed action lands adjoining the proposed action contain wetlands or otherwise water bodies regulated by a federal state or local agency? Check. Yes. Um is that the pond? There is a pond on the property, but I don't know that it would be qualified as a wetland. It was it was made uh it was existing when that they purchased or just it was there already. Yes. That's on the lower part of the acorage. So they may have said yes, but I'm not sure that that's the correct answer to be honest. If you guys give me 30 seconds, I'll check it for the program below. It may take longer than 30 seconds. It may have just been checked cuz if as you read it, it said, "Is there any body of water?" So that may have been the reason for the Yes. But I don't know that it's a protected wetland. To my knowledge, there isn't.

Well, while we're waiting, is there Is there anybody else that would like to uh add to this public hearing? My name is Zel and I heights which is um just walk. Okay. Um, we were used to having the evidence next door as one house and some of us are concerned as to whether they will be one house or will they be multiple because we have the five multiple in front of us already on the on the road and it hasn't been perfectly house. So, we're just wondering at this point can anyone say whether it's going to that's not our intent. It's not our intent. It's not the intention. It's not on the market. In fact, that's why we bought the property. Yeah. And this is just subdividing it. There's no This is just a two subdivision, not any further than that. And the reason for doing this is the sale of the horse farm. [Music] It's actually down here that's okay. Is there anybody else that would like to speak? [Music] Okay. Can I have a motion to close the public? So moved. Second. We have a second. I [Music] I stand first. [Music] So we are going to do this part two of the seeker. Yes. Part two of the

seeker. Would someone like to read the part two? All right. John, go ahead. Okay. Number one. Will the proposed action create a material conflict with an adopted land use plan or zoning regulation? No. No. Two. Will the proposed action result in a change in the use or intensity of use of land? No. No. Three. Will the proposed action impair the character or quality of the existing community? No. Four. Will the proposed action have an impact on the environmental characteristics that cause the establishment of a critical environmental area? Five. Will the proposed action result in an adverse change in the existing level of traffic or existing infrastructure for mass transit, biking or walkway? No. Six. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? No. Seven. Will the proposed action impact existing A public or private water supplies? No. Or B public private wastewater treatment utilities? No. Eight. Will the proposed action impair the character or quality of important historic, archaeological, architectural, or aesthetic resources? No. Nine. Will the proposed action result in an adverse change to natural resources like wetlands, water bodies, groundwater, air quality, flora, or fauna? No. 10. Will the proposed action result in an increase in the potential for erosion, flooding, drainage, or drainage problems? No. 11. Will the proposed action create a hazard

to environmental resources or human health? No. Okay. So, we have a negative declaration on this project. [Music] Um, okay. We have a resolution to move forward. I'll make the motion for the negative declaration. [Music] Okay. Okay. So, shall we vote on the um resolution? Yes. Yes. Yes. Yes. John, yes. Yes. Yes. So, just a quick question from here. We take that whatever you have. Okay. Um, so you'll have to have the surveyor give us three copies of the this map and he has to just stamp it. So down here with his actual seal and you have the file, the two copies of the counter. One goes to the clerks and one goes to the assessors. Thank you. You're welcome. Thank you very much. Okay. Next on the agenda is 372. So can't I was just curious what I would have to do if I

decided to sub another time cuz right now I think it's 26 m and a situation just arose. I don't know what kind of situation it would be to subdivide an acre off for a a guy. You as long as you meet all of [Music] the bas that's what I'm after. I was just going to call it the chart to show as long as you meet all the ballers. I think you're in I think this information. He's in an egg. I was going to say I think it's the zone. Yeah. Okay. So, we got go back to I believe this. That's for All right. So, you have to have 40,000 [Music] 150 60 125. Yeah, I think you'd be good as long as So, as long as you can meet 40,000 square ft, which is right around an acre, and 150 ft of frontage, which looks like you have 318 and 15. Yeah, more than enough. Yeah. Oh, yeah. South. So, you just house up there. You have to just go through this somewhere right to there. So you'd have to just essentially go through this process again.

Yep. Yep. That's exactly you have to have she come back out and just update the plat here, show the new line and then come to the process again. Yes. Yes. You have to do it. Yes, you'll have to do a new application and the new Yes. Although we can just transfer all the information proposed fine. Nope. As long as you can meet those requirements and then if whoever builds a house or a structure on there at some point they'll have to just meet the setback which you should again if you have the acre. Okay. Does anybody on the board have any comments about this? You're not going to do no then you're not going to do that right now. That's just for in the future. You may want to do that sooner and later. So on this part trigger in such a small it's only an acre. You won't really trigger any kind of environmental or anything. a big deal. Another minor subdivision before public comment if there's a value survey twice for stamp m how it's more of a something to consider for yourself.

That's up to you. You know, you will have to pay whatever his fees are a second time to have him researched. want to just hold off and wait another month and then come back. That's up to you. That's totally up to you. Come back again. So, we'll continue with this one. Yes. Okay. So, do I have a motion to open up hearing? Second. Okay. Public hearing is open if anybody has any comments discussion. Yeah. Whenever you get a chance, just come by and we'll we'll go through it through again. Right. Okay. Do I have a motion to close the public hearing? So, okay. Shall we do the part two? Who would like to read? You can do it. Question one, will the proposed action create a material conflict with an adopted land use plan or zoning

regulations? No. Question two, will the proposed action result in a change in the use or intensity of use of land? No. Question three, will the proposed action impair the character or quality of the existing community? No. Question four, will the proposed action have an impact on the environmental characteristics that cause the establishment of a critical environmental area? No. Question five. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking, or walkway? No. Question six. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably avail reasonably available energy conservation or renewable energy opportunities? No. Question seven. Will the proposed action impact existing A public or private water supplies? No. Or B public private wastewater treatment utilities? No. No. Question eight. Will the proposed action impair the character or quality of important historic, archaeological, architectural, or aesthetic resources? No. Question nine. Will the proposed action result in an adverse change to natural resources, eg wetlands, water bodies, groundwater, air quality, flora, and fauna? No. No. Question 10. Will the proposed action result in an increase in the potential for erosion, flooding, or drainage problems? No. Question 11. Will the proposed action create a hazard to environmental resources or human health?

No. No declaration. Like to vote on approving the resolution regarding 372. Sandy, yes. John, yes. Yes. Daniel, yes. John, yes. Freddy, yes. Tom, yes. You're all set. Thank you. I'll see you next time. [Music] Okay, next on the agenda is 1173 Auburn Road. Sorry for my children. Okay. Would you like to state what your plans are here? Well, um something happened in a few years ago. Unfortunately, things were happening, but financially I didn't get that done right away. And then I came into the office all through last year dealing with the ice cream window and had asked multiple times. Um I got a pole permit this fall before um the time lapses and they told me no I do not have to. Their new rule is once it's approved you don't have to. So I didn't do nothing with it. Chose to move with the ice cream window first. Then when I pulled the permit for the ice cream window, found out that she confused the two projects. So I got lied to due to her confusion. So now I'm back. So I am trying to build the expansion. I can't remember when I was 40 by I think was it

16 or something? Double decker. Same thing. It's not it's just usable for um holding my materials for my uh mobile units uh my catering facilities um and things. It's not meant to be designed for like to hold extra customers or anything like that. It's just to get all my belongings in one area uh to easy expedite uh projects that I'm doing. if it's catering or taking off of a food truck and stuff like that. So, it's storage basically. So, the uh first room, the first floor I plan on using sort of like a prep area. So, I will have like a few and stuff in there. Um because I'm starting to get um a lot of uh you know catering gigs that are 200 people anymore. And when I'm using my kitchen as a diner, I I just don't have enough space to be able to do both without interfering um say with the weight times out in the dining room and stuff like that. So, I'm just trying to sort of pull that into a different area of the building. Have you already started this expansion or is that a different Not this, not this. Um there a few weeks ago. That's the ice cream window. So, they're two different items. Yeah. Yeah. So, I was going to permit for both, but that's when I found out I couldn't because my time lapse. [Music] Yeah. Yeah. Yeah. Sorry. My I was supposed to go out of town for work, but something happened and I was unable to leave these children with who they were supposed to go with. So, I decided to come myself because they were no longer So, this project has actually been

approved before, correct? She she just essentially missed the three-year time frame short window. So, she's just has to get re Nothing's changed. No, no project details have changed. Nothing's changed with the zoning. Nothing's changed with the seeker. Yeah. Unfortunately, somebody confused the two. I guess like because I got a variance or something approved to do a window. Is is that what it's called? Exactly. So the town they gave me approval with the fire department. So she confused the two this with the she confused the two things and I guess that one has no time lapse but this project does. So she told me I didn't have a time lapse but she confused the two projects I did. I was doing I think I recall was there going to be a bathroom or office or something else on the second floor was going to be a bathroom so I can wash all my lining and stuff there in house and um I wanted to put an office to hold on track of everything. Yeah. Yeah. [Music] Does anybody on the board have any other comments? No, we can do this now or I don't think you have to we don't have I don't think you have to reduce anything you just okay for another 3 years. So does anybody have a strong feeling about whether we should have a public hearing or not? I think we had a public hearing the last time. Last time. Yeah, nothing's changed. Yeah, like I said, nothing's changed. So,

see, okay, so we just have to vote on the resolution 3 years. Yes. What's that? Is for another 3 years. That's correct. Okay. Yes. Yes. Christine, yes. Daniel, yes. Yes. Yes. Yes. Thank you. Just one quick question. Um, so with the ice room, I believe we redid part of the roof. So, I just got to do another building to finish the rest of the roof. There's nothing I got to come back here for, right? I don't think so. I think you've already got the variance. You've already got site plan approval. Yeah. So this is already the existing part of the building when he was doing the other. He says there's a little dip in it. So I want to fix that before I start this other project just because I just want to thank you guys so much. Okay. Zero preliminary review. [Music] We introduce

ourselves and listen for who's the uh agent for the property. [Music] What would you like to tell us about this project? Let me speak first and then you go. Is that okay? So, this is a 42 acre parcel that we want to divide into two. Uh, and what we would like to do is the south lot does have someone who's interested in it. Uh, they would like to use it as hunting grounds and we would like it to be big enough to be building law approved for building. Although we do not know what the buyer's intentions are, but it would just be a single residence in in the front, which is why we wanted to get enough frontage off of Ridge Road and then leaving parcel B behind um to be marketed as well, which should serve enough road and all of the needs that are there. So right now it's basically just subdividing the land. That's all we're doing into the two. So the 33 acres is the hunting grounds. I I don't Yeah. Okay. Okay. I want to make sure I understood that. Hunting ground. Yes. And a you know Yes. But we're selling it as a building lot. So we want to make sure that as we're selling it that we are in fact doing that properly. Well, you have you have the frontage to do it. Yes. And if I if I understand, if they wanted to do something, they would have to come in front of get a building permit. Yeah. It depends on what they want to do. If they just want to build like a single family home. Yeah. It's just like a building permit. Yep. Anybody on the board have any

questions? Once again, pretty straightforward project. [Music] So, you want to just schedule a public hearing for next month? Yes. Yes. And then we'll do hearing secret next one. Yeah. It has it has no has no numbers. I've own property since 1982. I bought it from Billy Neber. And I never knew what the address was then. We just if you if you pull it up in the assessment, it it doesn't even have zero. It just says Bridge Road. We made it 0. Pretty confused. How did the house once they finalized the subdivision and the county level? I think they assign the address. Is that correct? Yeah. The county will sign county 911 address number doesn't always happen. I mean, honestly, it looks like there's a there's already a cut off of Alderine Road. So, the address for the parent parcel might not even be associated with Road. There was one. Yeah, it's right up in the corner. the zero designation. Sometimes you use 0. Okay.

When will the next meeting be for the public hearing? So it'll be next month which is June 23rd. 23. [Music] Okay. So, public hearing and and just to understand the public clearing, anyone who touches that property gets a letter. 600 ft. Anybody within 600 ft of any of these property lines gets a letter. Okay, great. And in the letter, will it describe what Yes. I usually just type up a little blurb that like includes it'll say like uh minor subdivision of lands at zero ridge road and then the tax parcel number and then just a little description you know two lot new subdivision the parent lot being x amount of acres the new lot being x amount of acres and that way uh the public just gets an opportunity to see what's going on and comment if they have any concerns. Beautiful. Thank you very much for everyone's [Music] time. Here's a zero sun coming up here. the sketch plan review for zero sun. I don't see any notification that he wasn't coming last yourself. I

guess right. Yeah. Heat. Yeah. last week for last month. Okay. So, it looks like here what happened before this guy wants you want to say anything about that on agenda. Yeah. Well, briefly, I don't want to say anything because the applicants are not here and they should have a full and fair opportunity to respond, but you're talking about a subdivision that has over like 20 year history. Um, before uh West View/ Forest was the owner, there was a prior owner. This subdivision has spawn multiple litigations. There have been multiple requests to prior planning boards to town boards, prior town boards to not have to build roads. They've all been turned down. A lot of those roads are

plotted in and are part of the comprehensive plan. But whether or not given the you have if you look at the subdivision, you got roads going north and south. um to that are clearly draw as connector roads right to get to East Lake and then down south into what was Leo's property um because Leo there was always an intention that he had of developing that land but he never did. It's unclear what's going to happen to it or whether there will be development down there. Um, and then there's a third connector road, but that exists solely to get to where how they position their locks. It's an access. So, the two the two that are on the in the comprehensive plan are which one? So, the two go ahead. I was going to say this one and the two that are are red. When you stopped in earlier, I was mistaken. So, it's here's the comprehensive plan snapshot. This is This is Sun Path. Oh, wow. That's huge. Okay. This is path. That's the road to the north. That's the road to the south. And the town has easements on the three the three roads that I don't know that I didn't do any research on as to whether what the it's shown in the plaque here. Yeah. Eastman or not. This one up here has easements going back decades. Okay. Go all the way over and also connect there. And those ements existed from when East Lake was created. Now, people have built or encroached or come close to those ements, but that's the may or yeah, that may or may not be an issue, but when you're the Serbian estate, i.e. you're hosting an easement, someone who has dominant

rights over your land because they have easement rights. You can't obstruct the easement. Yeah. So, you know, if I gave you a rightaway to get to your house and then no offense across your rightway, that's that's on me. So, I'm not saying I'm insensitive to what the concerns of the land owners are, but they're not necessarily controlled. Nor should they be tools to get them all riled up to oppose things that have been planned for over 30 years. Um this there's one here and if you look at like that other map that you had this one here originally shows this coming across this lot here. And the history of that is at one time Leo Mahool was going to something like that land and bring connector road over there where the caterer valley is and before that caterer there was another caterer and that used to be the golden harbor if you've been around long enough but and that this piece was originally plotted on a proposed subdivision map the subdivision was withdrawn and never plotted. So, this one's it. I'm not sure what its actual um use and functionality is because I believe this is the the caterers and it was originally going to come over closer. I maybe that's the catering lot. I'd have to look at a a different map and that might be the north 40 lot, but I don't even think that that that is plotted anymore on this property here. And so this one here really services the way the lots are laid out. And the one back here does the same thing where it connects back on the back end. If you don't have that connector, there's no way to get to those lots. So my biggest issue is not arguing about whether there should or should not be three connector rows. My my biggest concern, at least in terms of advising you how you should proceed, is comprehensive plans are not written in

stone. They're guidance. They're not rocks. They are meant to change. They are meant to evolve. The reality of de development in the area might suggest that one of these roads or two of these roads may need to be re relocated or discontinued. That's up to you and the town board to decide. My my principal concern looking at it is let's say hypothetically you are interested in um eliminating. Do you have before you the development plan for the developer to explain what's going to happen to that chunk of land? How are the lot lights going to shift? How are the roads going to be relocated? Where's the development plan that shows you if I eliminated this road? Here's what you will be reviewing. That's my concern and that is I don't think you have a sketch in front of you. What you have is probably the eighth or ninth request from the town to say, "Don't make me build roads that I promised to build in part condition in the last subdivision plan, which I consented to in order to get my development right." And so you'll see how wonky this road is in terms of all this mapping. To give you further history on this, it goes back to two different uh points of litigation. one overlook water district that eventually got in there. But the somehow or other the front two lots of this subdivision were in the village and residents in the town and the water distribution was originally located in the village and there were private distribution lines going through the sub black plastic less than 2 ft underground. They froze up and grow constantly under the road in order to get them the road was moved. So over time the former developer and to a limited extent the current developer kept moving through so they could keep fixing these water lines and that ended

up in the Supreme Court blah blah blah. Now it's a water district and not only has it the water lines are properly buried but that moved the road. So we had to actually get easements and realign road and make sure that the road stayed in the right way. So when it comes to these particular roads where they're real reserved or on paper, there's a really rich history of data here and it goes back 20 years and it's been problem after problem after problem after problem. So if developers got a plan to solve, great. What's that plan? Okay. Right. Cuz I don't see [Music] So if you have you want more specific questions, you want to look at any little maps or board litigation, you know, I can certainly pull that stuff up, but at the end of the day, it looks like what they're looking for is an approval to eliminate roads, but there's no plan in front of you to show you what would it look like if you said yes. Where is their proposal? So, as far as philosophical discussions, they're great, but you have nothing you can even move forward. Really, there's there's not a sketch for you to improve as far as I can tell. Good history and narrative. Thank you. It's very interesting. It's a very interesting factual and history. I think I've been on the board 13 12 or 13 years and I've seen this at least twice. This is probably the third time I've seen this. Right. Well, it gets really wonky because at one time a six lot subdivision with an additional six

lots that became phase 2 and a plan to go south into Google's property because they were trying to work a field of Google's property was somehow classified by the town as first an exempt subdivision and then a minor because they said one you couldn't count the two lots that were in the village. Two, you couldn't count the second phase. and I went a little haywire over that interpretation. Um, turned out the town supervisor called every plan of the county when they got done laughing it was eventually reclassified as a major subsision. So there's really weird history. So what it is is what it is and how forward is what. So, there's a set of of lots to the south of lots that are actually building lots. Is that right? That don't have that don't really have access. Would you have black? Do you have the the last map? Let me see. I believe cuz the entirety of what I believe that applicant owns was plat. All the lots were green and all the proposed roads were shown. It was what complete site build out would look like. So you can see this road exists. This road exists principally because you have no access to lot 10 if it didn't exist, right? How else would you get to lot 10? And this road exists because you have to get to this lot. Okay, so all the lots, the entirety of the subdivision has been built. So, it almost seems like they

either want to amend or change their phase two or do something like if they don't have to build this road and they can reconfigure their lots, maybe that maybe that's a realistic solution to a long-term problem and this is the better place for the connecting roads. Don't know. But what they're proposing isn't in front of you. I I I can't even tell you and I would defer to Mason and John, but I can't even tell you if this is an amended plaque or some type of of something else. So, we need a real sketch plan. Well, yeah, I want but it's not my call. I mean, you guys would decide what you need to move forward on, but everything to my knowledge, everything that they know is already planned out. This is the plan. So they want to change a plan, but it it doesn't have access to to the lots. Well, if they build that road, if they build that road and that road, yes, then they do have access to the lots, but they have to come back for final approval on phase two, which is what I thought would come next. But it looks like they want to get rid of the roads. And if you add up the acreage and the way these lots are laid out, this might all be an extra lot. Maybe it's to make the lots affordable. because the infrastructure costs have skyrocketed in the past 3 years. Now, you know, construction costs in the northeast have gone over 40% 3 years. So, you know, developers have to worry about, you know, how many feet of water and how many roads go in because development becomes unable to buy for allowing. So, I'm not sure what their plan is. They may have a great plan. I just from a quick look at this. It looks like they are going to take out 9 and 10. And again, I think that was kind of

what we were hoping their attorney would be 9 and 10. So this is their flag that got approved in 2016. I believe 16 18 2016 and it shows you have lot 10 and nine which would be serviced by the road. It comes down here and this is lot 10 and that's lot nine. And then in this most recent packet that their attorney provided, it removes all the roads and removes nine and 10 down here. So that that's just a bunch of straight lots. It's amazing. You seen that that they're going to do that? I'm I'm just noticing that in his packet. I didn't really give this our our formal planning review because tonight's discussion was supposed to just be exactly that kind of a preliminary discussion to spur everything and you know have them explain what was going on today. They haven't provided any kind of formal packet application to us. He hasn't met with me yet to explain any of that. I'm just noticing as I'm kind of scrolling through these here, this looks like what was approved originally and this looks like what they're trying to change it to. But again, I don't So they they were going to come tonight and they just didn't show up. That's exactly right. Which is not surprising to see canceled last minute last month to reschedu for this month. No show. No call show. Well, I look forward to hearing the Okay. So, really there's nothing. I'd say we got, you know, this was a good opportunity to hear guys. You

guys that do is not really their responsibility last time. This road not only provided access to this lot that was back here, but it provided street access to to some of these other properties. You can't really force them to take care of that cuz that's offsite. But there was, you know, connecting to this that goes down there. We've got a number of pieces of large land that's developable, whether it's I mean, if you go far enough, you start getting bumper and a few other owners as well. But you know to the extent that that plan did benefits did have other benefits beyond just complying with the comprehensive plan also provided better access to some properties that didn't have true street frontage. Uh it was a good thing um you know whether or not there's there's there's ground to take a look at whatever they're going to finally submit and we'll go from there. Amazing. Can you send that to me? Sure. When you get I certainly can. I mean, do they send that just as like he literally just This was a big part of his packet of So, this is what he sent over and it was just this and an email to me. No, no application. It's so it's his his petition from all the neighbors and then just the little memo explaining [Music] to remove everything.

Yes. Okay. Well, that's useful information. Okay. Well, do I have a motion to the meeting? Second. All in favor? I [Music]