Planning Board - Regular Meeting

Folks, we are now being televised all over the world, the far reaches of the world, or maybe just Mount Pleasant. So, be on your best behavior. Okay. Welcome to the town of Mount Pleasant planning board meeting regularly scheduled for November 6, 2025 at 7:35. We have two different items, two different types of items coming up today. One is business items. Those are items that we we have reviewed in the past and the board has um asked either the staff or our consultant to draft a resolution or do minutes or something to that nature. And we also have uh public hearings. We have two public hearings. So those are two classifications of items we have up. First up, we always do business items and that is uh usually a quick thing to run through. Um, first one up is acceptance of resolution of approval for steep slopes application SS25-13 for the removal of an existing deteriorating wood rail tie retaining wall with new unilock wall 67 Edwin Street in Thornwood 106.15-6-65 Anthony Savaria Orlando. So this was an application the board has reviewed and they had a deteriorating wall condition that needed to be remedied. the board reviewed it and made a determination that it was something that need to be corrected immediately. Um, and as a result of that, we do have an acceptance of resolution of approved for steep slope application SS25-13. From a town perspective and town staff perspective, I think we've seen everything that we are in good shape.

That's correct, Mr. Chairman. Um, and you have a draft resolution before you and we do have a draft resolution which we have reviewed and we're ready to either comment on or take action on. Any comments or questions on the steep slope application SS25-13? I let the record show there's no comments. Um, does the board want to take an action on this this res resolution? I would make a motion that we approve the resolution of approval. Motion from Eileen. Second. Second from JD. Walter. I. Jane. I. Eileen. I. JD. I.

And an I from me. Next up is an administrative item acceptance of minutes drafted from the 1020 2025 planner board meeting which the board has reviewed. Any any thoughts, comments or anything on the planet board meeting minutes from 10:20 2025? Let the record show there's no comments any any uh action on this minutes uh acceptance of minutes. I make a motion that we approve the minutes. Motion from Eileen. Second. Second from Walter. Walter. Hi, Jane. I was not at that meeting. I'll abstain. Okay. Eileen. I. JD. I.

And an I from me.

Okay. Next up. So, this is the public hearing part of the conversation. We have two. We'll go through them, but this is where we encourage the the the um the community to come up and share their thoughts, questions, or uh comments on the applications. The first one up is number um number one, 1215 Bedford Road, lot modification to accommodate construction of a new detached garage application subdivision PSD25-3. Locations 1215 and 1235 Bedford Road, Pleasville, New York. Section block lot number is 105.19-1-27 zone R40 owner Akbar Risby applicant architect at Zamasi architecture now this is a little different than other meetings we've had because it is a public hearing so if anybody wants to come up and get closer we can turn this because we've seen this maybe just turn this a little bit JD I think you're

you're okay right okay um so it's a public hearing. So the what happens is he's going to review the application to the to the public and to us and then at some point we'll open it up for comment. Okay, Mr. Chairman. Oh yes. I always forget one thing. See, even even I make mistakes. Actually often I make mistakes. I forgot to do one administrative item. She's waving a sign. This is what the sign was saying. We need a motion to wave the reading of the public notice. I'll make a motion to wave the reading of the public notice. Motion from Jane. Second. Second from Walter. Walter. Hi. Jane. I. Eileen. I. JD.

Hi. And I for me. There we go.

Okay. Good evening, Mr. Chairman, members of the board. My name is Steve Dowski. Demovski Architecture. So, we're here tonight for a lot adjustment at 1215 Bedford Road between 1235 Bedford Road. So, my client bought the property a few years back. Um, and the the house doesn't have a garage on it. So, after living there a few years, he he wanted to put a garage on the property. Um, and uh contacted a contractor. Contractor came over. Uh, they had a conversation and the part doing drawings and fing permits was a little bit neglected by the contractor. My client had doesn't have much knowledge in this. So, we engaged the contractor. We started doing work on the um on the on the building accessory garage in the front of the property. So, unfortunately, we he now knows that he needs permits and needs applications and the the location that the contractor [snorts] put the u the building is a reserve of the property line. Uh so when when I met when I met at Abby, we we the first thing we did was let's look at the location of this building. Is it the right location? Is it a better location for this thing? Is it worth going through the process of the board or is it better just to remove it and start all over again? So we um we we studied it all over the property. And the left the left image there shows Abar's property which is a triangular shaped property which is right here and and the neighbor's property to the left. So the property that Abbar owns you can see the location of the house. Um there's also a septic system in front of that house and the property is stepped

is is about 8 ft lower than Bedford Road. So coming into the property is very hilly. Um but there is a good accessibility in the in the leftmost corner where where the house is right here. So that's where they they decided to put the uh garage. Um so we looked at it. Is there any other place that we can put it? Does it make sense? Whatever. And because of the location of the septic system and the accessibility onto the property, there's really no other spot to put this thing within the setback requirements, having access to the property, good visibility coming out of the property uh on Bedford Road there cuz it's kind of a you know, it's kind of a speedway there a little bit. And um um one other big factor was the septic system. It's an older septic system. So if we ever have to replace that with the requirements of the of the of the county's requirements today, the area would be probably two to three times the size of that which would be un unbuildable where we have the only spot to put the the the garage. Um so we decided to come in front of the board ask for a lot line adjustment to get this thing in in conformance as much as possible. Um and that LA line adjustment you can see where the existing orange line is on the left side. What we decided to do was modify it pull it out to the left a little bit and the top we just kind of skew down to the right a little bit. By doing that, we're not changing the size of the property. The acreage and the size of the property is exactly the same as what it was 45,000 in 91,000. It really didn't change. The properties and the house are both uh currently uh fully

conforming. There's no non-conformities on the properties. And with this LA line adjustment for the property and the house houses, um there's still full conformity. So there's no nonconformities being introduced to the properties. Um we will have to go to zoning uh after you pending uh the decision of this board and we we will have to ask for a variance for the location of the of the accessory garage, but that would be the only variance that we're looking for. Um, so really the law line adjustment is helping us get the get the uh um the property line away from the garage where it is right now and we're not changing any conformities or conditions of the properties.

That's about it. Okay. Thank you. Any questions or comments from board members? I think I saw something in the uh file that what does the uh neighbor have to say? Um it wasn't clear on what I was reading that because it's really kind of an application by two people because somebody else has to agree to it, right? I don't want to change the neighbor's lot line without their permission.

So we have to So in order to get to this point, we have to file two applications, one for our property and one for his property. the owner the owner of the neighboring property is fully on board with this. Um there was no money exchange. It was all the only thing that he requested us do is to give him back the property that he's given back my client. And that's why we skew that that right part of the property. Otherwise, we would just came straight down. So, I feel like if if the neighbor doesn't mind, then I don't mind what you're proposing. But I'd like to have some kind of, you know, document that confirms that. I think that affidav

I saw the Yeah, I saw that owner's affidavit, but I didn't I didn't read anything where it says that it's in that he's in support of this. Yeah, just party to the application. Oh, it just means that he's a party to the application. So, they're both in on it. Okay. Yeah. I'm sure we can get a letter from saying that. Sure. To reinforce that. But they're they're both applying. He knows what's going on and Okay. Yep. Yep. Yeah. But again, his only request was that we give him back the land that we're taking and we did that. Um again, everything is in conforming. You know, we didn't change his property in any way. So, he was he was okay with it.

Steve, where's the septic again? So the septic is this piece right here in the middle and the 20 foot offset is right here. Okay. Okay. Now that that's a septic system from 50 years ago. So if you do a septic system today, the leeching fields are much bigger. They require much more area. And not only that, but the county requires the same size area be left for a future field in case one fails. So that would that would take us from this to probably that. That's my concern. If they ever had to replace it, you have to use today's standards. Correct.

So is there room for that with cutting into it with that piece? So the way we're so but by locating this garage where we where we are today, it's the best thing for that problem if it ever should arise. But losing that tip of the pie at the top, it wouldn't have to. Your expansion fields wouldn't

Yeah, not really. They they still would be able to the the the the biggest problem is you can't cross over the the fields with a car or the buildings have to be a certain distance away from the fields. Um so we can you can make the fields bigger, smaller. It it all depends on the perk test of the soil. So if you have let's say you need about 100 linear feet of of fields if if if the soil is not perking the same way you might need 150 ft of fields and we can definitely work that into that whole area and those septic those septic fields

um I think they can be uh 10 or 20 feet away from the property line. So even where we show our setback line, which is this line right here, we can still cross over here with those fields. And Steve, if you don't mind, I know um the homeowner wanted to you want to bring something up. Correct. Come up. Come up to the mic. Good evening. Good to see you. Oh, uh, Akbar Risby, good evening and, uh, thank you for your time. Uh, my neighbor would have been here tonight, but we had to travel overseas for a wedding. So, okay. All right. Well, thank you.

But he was trying to convince me that that was my land, and I was trying to tell him that I was his land. But he's been he's been great. Do you think do you think just to for an administrative step, we can just get a note from them? Yeah. Okay. That that would just be good for our records just so we have that documented and that would dot dot eye and cross that tea. Absolutely. All right. Thank you, Steve. I like how you said the contractor somewhat neglected permanent. So what is the status of of this garage right now?

So the uh they stopped they stopped they gave us a stop work order and um they built part of it but that's what they got stop work order. So, we want to try to keep that because not only is it hidden in a in a spot that's a good spot. It's it's unobtrusive. It's not seen from the street, it's not seen from the neighbor's property. It's very, you know, it's kind of concealed. And I have a few other pictures. I'll just skim through them of the property. It shows property from different angles and how steep it is. And the only real access is where we have the access right now for the uh property.

The driveway. The driveway. Yeah. Pat, does the this go to the county health department? It would be. It's they're modifying class. Okay. So that they would be looking at the septic whether there'd be enough room or something like that. This would probably be a nonjurisdiction issue. But the septic system is a problem for them because the issue with respect to that is does the placement of the garage obiate or prevent this the installation of a of of a fully conforming septic system in the future if it's required. Mhm. Problem is it's not it couldn't do that because the driveway is already there. It would have to be under the driveway on the other side of that which is that very little area. They're not going to have enough room.

Right. They're going to have a problem if they do have to meet that requirement because as you go further back, topography gets steep. They probably have a challenge with this if they have to upgrade that regardless. [clears throat] They probably won't park back there. But also, if you have like you can only do what you can do on your property and and they would be in the future saying do the best you can. He's not going to be able to add four bedrooms to this house. Yeah.

Right. Okay. Any other questions? And then this is a public hearing too, so we'll address the public in a moment or two. Any other final questions from board members? Okay. So, this is a public hearing. So, that means the public is welcome to come address the board and bring questions or comments to us. I ask you to put put in the context if you do have question comments of the application and and more factual versus um a motion which is always better in any of these applications. Um if anybody has any questions on 1215 Bedford Road um please raise your hand. We'll give you a number. If you have a number you can speak. If you don't have a number you can't speak and let me know. So anybody here for 1215 Bedford Road can you just raise your hand? Let the record show there is no public here tonight who wishes to address us on 1215 Bedford Road. Um with that being said and no final comments from the board.

So Mr. Chairman, you have a choice on how you want to handle this. So it has to go to the zoning board of appeals. Yeah. Um the reason we had this public hearing is so you could hear from the neighbor and anybody else regarding the location and configuration. the fact that there was no consideration, I think it's fine to send them to the zoning board of appeals. The question is, do you close the public hearing or do you keep the public hearing open until the zoning board actually comes back to you? What are the thoughts of the board? Any preference? Any preference? Will we make it I mean timelinewise as far as keeping it open when so Steve would have to prosecute the application prompt because if he doesn't get if he doesn't get this awning

then you're not going to approve his subdivision it's move doesn't matter so you you anyway so they're not going to be in zoning by until January. Gotcha. So, but if they don't approve it in January, there there would stop. He's he's tearing down the garage. Yeah. Okay. Okay. And then there would be no need to adjust the lot lines. Right. Right. That's why for us, you know, it doesn't it doesn't matter if you approve it or not. I mean, we our our main objective is to go to zoning. That's that's really the driver of this at this point.

And there will be a public hearing before the zoning board as well, right? Okay. Yeah. Yep. I don't mind if we close this public hearing. With that, Sounds like we have a motion. Oh, yeah. I'll make a motion to close the public hearing. Motion from JD. Second. Second from Eileen. Walter. I. Jane. I. Eileen. I. JD. And I for me. And then what do we want to do with the application? Is there anything to do with this application? Make a referral to the zoning. Okay. Okay. So, we need a referral to the zoning board if that if that's the pleasure of the board. I would make that motion that we refer this application to the zoning board. Motion from Eileen. Seconded. Second from Jean. Walter. Hi, Jane.

Hi, Eileen. I JD. Hi. And I for me. Okay, you're at the next step. Thank you. Thank you. Okay. So, next up we have another public hearing and that is number two on our agenda. 790 Hard Scrubber Road, subdivision of one lot into two for the development of a one family dwelling. Application subdivision number PSD25-2 location 790 Hard Scrabble Road Chapa section lot number is 99.6-1-4. Zone R40 owner Terrun Gers Gersha Anani close maybe pretty close.

Thank you. Applicant architect Michael Picarillo architecture. Thank you. Welcome. Just did your name and all that for the record. Good evening. Michael Picarillo Map Architects here representing my clients who own 790 Harts Gravel Road. Okay. Why don't you walk us through the application?

So my clients purchased the property. Um there's two lots. There's actually two tax lots. Lot one is in the front on Horses Gravel Road, which has a single family residence on it. And lot two was vacant. Lot two, which is the rear lot, had no access, has no access. So, we're here uh before you to propose a lot adjustment and with the creation of a flag lot. So, this would be a subdivision so that they could build a single family home on lot number two, which is shown there hatched in. Um, that uh that single family house would be completely zoning compliant. Uh there's no zoning issues. Um and that the lot line adjustment was made. So since the the flag portion of that back lot took some property from lot one uh lot one basically took some uh some property from lot two to make make sure that lot one was still compliant. Part of the process to get here was also to remove um a detached garage that was triggering a zoning issue. So we uh my clients voluntarily remove that to remove that issue of a a zoning variance. So that's that garage has been taken down. Um everything else has been submitted to the town. Uh the site engineer has been working with the town consultants and I believe has satisfied all of the questions. So um that's why we're here before you.

Did you see there was some public comment email that went out the other day. Did you see that?

Correct. So, I I know there was some concern or comments about um what we're showing as our property lines, which we got from our licensed surveyor uh current survey. Um so, my clients are voluntarily offering to stake the property line before any construction would begin to make sure that all of our activity is on the legal side of the property line. If you look at the survey that we submitted, there's fences that go in and out of those all those properties on all basically all three sides. Um, and the other concern or uh question I guess was the location of the driveway in proximity to the property line. Now, there is no, to my knowledge, there is no code um reference in the Mount Pleasant uh zoning code for driveway placement pro uh next to a property line. They actually have it in other towns, but they don't have it in this town to my knowledge. But my client is voluntarily offering to place the the driveway no closer than five feet to the property lines to give their a little bit of buffer between the drive and the and the property line.

Okay. To to basically mitigate some of the concerns of the neighbors. Yeah. And we're going to hear from the neighbors tonight, I think. So, we're going to get some of that more more conversation going. Um, any questions or comments from board members? I had a couple the lot line um you the drawing doesn't show what the existing lot line is and the proposed lot line. So I don't know where things moved on my architectural plan it does the is that what that red line is is the existing

the red line the existing and then this is the proposed line here. So we giving So lot one basically is stealing some property from lot two to make sure that there the new lot configuration is zoning compliant. Okay. That was

okay. Uh, also I was looking at aerial images of the of the site and the area and um I saw that what the applicant is asking for is not different from what 757, 765, 763, 793 hard scrabble have. There are, you know, flag lots. What's different with those though is that they all share one roadway or driveway and spin off and that this is a a separate driveway for this property that's going to require removal of the brick wall and um some changes to the site. So, yes, some slight modification. Correct. Yes.

Okay. I didn't really have much of a comment about that. It was an observation. I'm not sure how I feel about it, but it's less impervious surface obviously if they're sharing a driveway and uh less sight disturbance and whatever vegetation may be in the way there too. Uh I don't know how it's done, whether it's with an ement. One is that pleasant road um that comes off and and then lots spin. And I'd like to just have driveways off of in some cases a shared driveway which may be by easement I suppose and others are off of that paper.

Uh correct. I mean uh because of the location of the house um there is actually impervious surface where this uh new drive would be. So it's not complete um you know completely vegetated. There's there's certainly going to be some u and again for the overall site which we're trying to limit the amount of impervious surfaces and then we're going to have to deal with that with uh the building department anyway for uh imperous surfaces. So So this lot doesn't have any steep slopes, rock outcroppings or anything that would bring them back to us. Um

that's correct. I'm interested because the the the house footprint in the various plans, versions of the plans moves up and down and that's going to mean something to the neighbors who are closest to it, like where it ends up being. We won't have any say by the time you come in with a site plan, but um it's uh I'm sure of interest to the neighbors.

Again, I'm sure and I'm my client will be sensitive to to they want to be happy neighbors to all of them. Um but we're going to that we're easily going to be zoning compliant. So there there's no way we're going to need any kind of zoning variances for the house placement. I mean, this is my architectural plan that was done earlier. The site engineer has a slightly different location for the house, but all the different locations are all um uh zoning compliant. Obviously, with the uh site engineer's concerns with our storm water management and septic, so that will also govern the you know, tweak the location of the house, but the house will be zoning compliant. Just to clarify that um the house will be zoning compliant will be the setbacks. The lot is not compliant. The flag rod is it doesn't have a minimum lot width. So there's a variance required for for the lot

we that was yeah I think the building didn't I think s gave us a letter that says that typically it's measured or

did provide an update. So yes the issue that has come up though and you start Mr. Smith's engineers memo was this this secondary means of access that apparently addresses the rear corner. I think it's shown on one of your drawings, Michael. Um Dave's raised that point and indicated that there is a secondary means potentially a secondary means of access which needs to be clarified which if that were the case and there was a second means of accessing the property um the long driveway along the flag lot might not be necessary if it were accessed in another in another way. Okay. Um, anything else? No.

Can I ask one thing about that? If if if that were something that this board wanted to pursue the access through the easement at the back of Right. could we get some kind of um feedback from public safety that they could find it that they would, you know?

Absolutely. So, there's a lot of issues with respect to that, right? So public access, fire access, all of those issues would have to be addressed. I think the reason Dave brought it up is it it hasn't been discussed. So it's something that you should be aware of. You should consider it. Um and it's the applicant's choice. They they can choose to access their property. However, you have a right to then accept that or deny that. Um but I think all Dave was saying is it it hasn't been part of the conversation and it ought to be. Okay. Okay. I know the applicants uh wanted to address the board. It's your application. So, come on up.

Hello everyone. Good evening. Thank you for the opportunity. So, it's been a 9-month exercise for us. So, we did uh explore the secondary access uh opportunities, but we were told by the inspector that he wouldn't give us a building permit if he went through the other access options. So that's why we had to choose the option that the flag lot option. He specifically told us that we wouldn't be getting a building permit. So that's why you see that just wanted to So did he give you something in writing or did did he explain that in some way? Yeah, I think that was I think Carolyn and we had that discussion. So he did mention that. Uh

yeah, I think we need something in writing from Sal to say that if it's a legal means of access, there's no reason why we you couldn't get a building permit by using that legal means of access. So let's see what Sal has said with respect to I haven't seen anything nor have I I talked to S this afternoon. Yeah. And you heard me just reference we're always looking to dot the eyes and cross the tees. Sure. And do the administrative stuff making sure we have all the documentation with that that we do need. That's good. The existing house are what are the plans for the existing house in the future? You going to Is it still going to be is it going to change? It's going to be altered or it's going to be exactly the way it is. The lot one. So the house here where the house is today. Yeah, it will not change. It will be the way it is right now. Okay. Okay. Anything else?

No. Thank you. Thank you.

Okay. Um I'm presuming and I shouldn't presume that the board does have any other final any other questions at this point? Okay. So, we do have a public hearing. So, that means the public is invited to come speak to the board. And we're always welcome always welcome the public to come say a few things. The only thing I always ask is make sure we pro provide it in the context of uh the matter of just providing facts. This board can't process emotions, but we can process facts. And that's what we're here for, to hear the facts and hear how you are presenting it and how we what we can do with it or not do with it. So, um the the procedure to do that is I'm going to ask you to raise your hand in a moment. If you have a number, you can address the board. Come up and address us and then um we'll respond and talk back and forth and have a little conversation. So, with that being said, if you like to address the board, just raise your hand. We'll give you a number and I'm going to have you come up. So number one lady in purple m lady officer in blue number three one two three is three anybody else beside three okay so we have one two three come on up number one

good evening everyone uh hi I'm Nancy Tur and my husband Gary and I want to thank you for giving us the opportunity to discuss our concerns as owners of 806 Hards Scrabble Road which is the adjacent house north. Sorry, we forgot to do one administrative item. I'm so sorry to do that. The second time I've done that tonight. You know that we need to make a motion to wave the reading of the public notice. I'll make a motion to wave the reading of the public notice. Okay. Motion from Jane. Uh second from JD. Walter. I. Jane I. Eileen. I JD I and I for me. Thank you for your patience.

Sarah, you can hear me, okay? Because this is kind of hot. You can turn that down or hold it if you like. I'm sorry. I threw off your cadence, but go right ahead. [laughter]

Oh, let's see. Uh, as I was saying, my husband and I are the owners of 806 Hard Scrabble, which is the adjacent house north of 790 Hard Scrabble Road. Um, for us, the largest impact of the subdivision would be the necessity to build an easement running adjacent to the entire length of our yard on the south side of our property. Um, when we purchased our house back in 1992, there already was an easement going down the entire length of the north side of our property. and we bought the house knowing at the time that this affected the value of our house in a negative way. Building an easement down the other side basically sandwiches our home and yard entirely between two approximately 400 ft easements. I mean, we're not talking about a short driveway. 400 ft is the whole depth of our property. This is not desirable for us or for any future homeowner. And not only would it diminish the value of our home, but we believe it would make it harder for us to sell our house in the future at any price. It's just not that desirable. There'd be an increase in noise from car traffic so close to our property. In fact, when we looked at the site plan, um there's absolutely no setback at all for the easement. Uh the plan shows an existing fence um and doesn't even show the property line. Uh the fence is actually several feet inside our property. Our property extends beyond the fence. And this would certainly affect the privacy and quiet enjoyment of our house, our deck, and our yard. Headlights from cars entering and exiting which shine directly into our bedroom windows.

The building of the easement would also require the removal of at least 20 live trees. These trees create a natural buffer currently which has served as a source of privacy and beauty between the two homes. An additional concern would be the negative impact on the drainage of storm water runoff. there would be fewer to no trees or soil to absorb the rainwater and it could result in a flooding issue of our property. In addition, these trees have served as a habitat for the paragine falcons which is so cold for many many seasons which we've enjoyed. I might add that 790 hearts scrabble was recently purchased at market price that certainly did not take dividing the lot into account. Improvements were made and it's currently on the market as a rental. Finally, the creation of another home in easement would lessen our sense of privacy and peacefulness. It would negatively impact our neighbors as well who have also been part of the community for over 30 years. It would surely reduce our property value, which is a major personal asset for me and Gary. So, thanks so much for allowing us to voice our concerns

and thank you for coming out. And you can help me with the pictures of thousand is a thousand words. Where's your house on that site plan? You're not going to be on the site plan, but which side of that? Okay. We're on the other side of the fence. The fence is at the top of the page. Yeah. So, we're we're here. This is this is existing. No, this is So, we're over here. Okay. And this is the which is inside our property line. So, and on the other side of our house, we have an easement going all the way back to 790. Great. Okay.

We'd be like sandwiched between two roads. Understood. Okay. Okay. Thank Thank you. Uh number number two. Good afternoon. I do have a uh you were asking about that that uh street that goes in the back. I do have a picture of that if you want it. You know that that access road that you were talking about? Yeah. Pleasant. Yeah. I do have a picture of that on a survey if you want to see it. Pictures always help. Sure. Yes. Do you want to put it up there so everybody can see?

So my lot is Vincent Groa 793 Hard Scrabble Road. Thank you.

So my lot is this is this is my lot up in here. I have three and a half acres. This is the proposed house and I have three and a half acres up here. So, um, I've been in Mount Pleasant for my whole life. Thornwood for 30 years and Harts Road for 30 years. My my job is to make landscape houses more beautiful. So, I have uh proposed actually purchasing this property and leaving it forever wild. That would be my goal. If I could work something out with the new owner, that would be the first goal for me because there's no fences. There's I mean deer and coyotes and turkeys and like my whole life I've done water features, koi ponds, all those beautiful stuff on my property. Let's go outside, eat dinner. And this is an existing the property they're talking about is an existing or was an existing apple orchard and I would love to turn it back into an apple orchard and you know leave it there forever wild if that's possible. That being said, um if this was done the way it is with the structure here, my entertainment area is right here and then this is all like right on top of me. Whereas the other access is uh through the owner has another piece of property on the opposite side. So in other words, this is my property and he owns a home on this side also. So the access would be through his property which would give him, you know, would take all this away. It would just be like from Pleasant Road, that private road used to be a little boat right into the lock. So it seemed like all this would go away and just make it better for all of the neighbors, you know, not to have that big driveway going all the

way down and the house on top. It would also change the way that this building would be because this would be frontage. So I would have a 50 foot setback in the back which would take the house away from you know my whole entertainment area and you know privacy privacy is a huge thing for me. Um I don't have any fences everything is well manicured and uh you know when I come home at night it's just serenity and peacefulness which is all going to go away if I have a house right on top of me windows looking right in you know my windows. Um, that being said, uh, she mentioned the paragan falcons, which is an endangered species, uh, New York State and federally, and we have a housing, a nesting pair that comes every year to our properties, builds nest, they teach their their babies how to hunt and fly. Um, so the other thing I want to bring up was uh, the placement of the well, which is, I believe, right here on top of my property. And uh as you know, I mean, my well is absolutely perfect. I have um I don't need to treat it at all. And by drilling a well right next to my property line, that will also affect my well and you know, possibly with contaminants and and then change the way it works and how much water I get and all that other things. So, if this does go to fruition, I would love to be able to, you know, maybe change the well placement, you know.

So, I'm sorry. So, you want to change your well placement? No, no, no. They're they're proposing a well right here on the property line. This is if this whole thing goes like later on. I'm just saying I would like to, you know, not have the well right on my property where it could disturb [snorts] my well. Gotcha. I can understand. Yep. You you said you had some some pictures or images of the access road. Yeah, that would be helpful.

This is this is this is where they live, right? This is the proposed building and this is they also own this property here. So there's an access road that just right here that goes through this district. He lives here now. This is where they want to build. This is my house and this isn't the people that just talk. So instead of all this come off of a main road, this is what get access to the property. Yes. It's like a norainer. So do me a favor. Um just grab the mic. Yeah, that's fine. Just grab keep keep the mic with you. Yes, sir.

Just you know why I do because you you have a very good speaking voice. Number one [laughter] and number two I'll work on that. We we have people who actually watch us in Mount Pleasant. TV believe it or not. So they may be interested in that one guy. That one guy. Do we know why this isn't being considered? I'm not sure. So identified. So let me just Mr. Grapa Grapa Grappa. Yes. Grapa. Anything else from you? No, I think I'm good. I think I, you know, said my piece. All right. Well, thank you. Ideally, I would love to just leave it the way it was and and take care of it monetarily if that could happen. Understood. All right. Thank you,

JD. I'm sorry. I just wanted to what J you were saying. I I was just asking Pat, you know, if we know why that's not being considered, I mean, from what we're looking at, that seems like a a logical scenario and and less invasive. It it would make a lot more sense to me. Yes. So, uh we had to demolish our garage. So, we came here before and we were clearly told we won't get a building permit and we had to demolish our garage, which we did on lot one so that we could accommodate this. This board told you to demolish the garage. Yes.

And I did it and I file a permit. You you did not directly build which which is not which is not this poor I mean the town right to get access and we actually wanted to use the easier path because we actually live here. We wanted to use that to get in. It would be cheaper and easier for us to do but we were told to get frontage you needed frontage to get a building. So that's why that's absolutely correct. But if that's a legal map that right away, it provides frontage as Dave indicated in this as well. Okay. But so we don't know that that is or it isn't. This is just we don't know if what Pleasant

is a legally mapped road that provides frontage or it's a easement or a right ofway or a driveway or we don't know that yet. So we have one more speaker number one, but I have thoughts on that. I think that's something we're going to need to understand, I think, at some point. Definitely. But um okay, speaker three.

Hi. Hi. Hello. My name is Willis Duran. I'm at 763 Hard Scrabble Road, which is directly behind and adjacent to the Can you Can you point on this map where your house would be?

You're you're you're right behind the Yeah. I see where you are on this map over here. Thank you. I have a hard time interpreting exactly where there we go. That's what I thought. Start right here. Okay, just go right up to the mic.

Excellent. So, um I have concerns similar to what what my other neighbors have shared. Um one, and I don't know enough of the details, so I recognize we're not kind of moving on emotion. I'm not prepared with kind of a list of facts. I just came off a plane to be honest. Um, privacy is of course a major concern. So, one of the things I want to make sure of is if if this proceeds to advance, one that there'll be enough setback and room between the house that's being built and my house such that either a there's a buffer whether it's ever one of space, two evergreens, three in in a way that makes sure that the seconds story window doesn't directly overlook my yard um and my property because my property runs directly alongside both of the properties that we're both my property runs alongside both this house and this house. Um I'm completely covered from this house. This is doesn't exist right now. So my only ask is that there be sufficient buffer whether that be evergreens space, a combination thereof and or some restriction that doesn't allow a second story window to look directly into my property where I spend tons of time with my family and where I have a pool actually right behind the house that's being built. My second concern would also be similar to what's been mentioned around the drainage. Um, clearly the construction of new property is going to uh require changing to not only the vegetation of the of the area but also the grading of the area. My property is actually on a slope um that goes downwards to what I believe are protected marshlands. Um, my foundation has already been subject to terrible damage and flooding due to storm water. And so I just want to make sure that there's been a proper assessment to ensure that there isn't additional damage or water that slopes into my property and damages it even further. I had to renovate my entire basement because of the flooding. And behind me

there's also marsh land which I'm not sure also needs to be addressed. Can I That's actually interesting. I'm I'm peeked by that. Um, so there's marshlands on your property, correct? That that are adjacent to this property. That's something we we can examine as well to make sure there's minimal or if any impact to to the marsh lines. That's something we can we can double click into.

Thank you. um my third concern. So, those are two kind of key concerns. And then overall, and it's not so much an emotional plea, but from what I understand, um the the the the space, the maturity of the trees and the privacy are things that inherently add value to our home and is part of why we moved into the area, similar to what my other neighbors had stated. And so I want to make sure that there isn't um that we aren't setting a precedent to have other subdivisions made that undermine that value because it's precisely why we're there and something that I wouldn't want to be impacted by. Um just matter of factly because I've worked my whole life to be where I'm at. Um

and and for a guy came off a plane you did pretty good. you presented a lot of good facts and some things some things we can click into some things not we can't click into but we can click into some of them one of them is the marshland conversation and and what piqu my interest there was um I don't know if we really should get the CIC engaged because if there's a marshland there not yet there's a step before that okay so we will eventually at some point get them involved

yeah so so what I would ask Michael to do is you you gave us a manually filled IV use the DECAF mapper which will identify adjacent wetlands if that's the case will identify if the paragraph falcon is identified on the site all those things are mapped by DC and if you use their mapper it will come up on and for those who don't know CAC's conservation advisory committee they are a body of people town who volunteer their time to make sure that the environment is as well as protect as protected as well as it can be in in the environment that we live in today

yeah re the interesting thing about RCAC in this case is if the if that's a state regulated wetland or the state assumes control over it our 50-foot setback which may not extend on this property would turn into the state's 100 foot wet setback which may extend on his property. So that's why the DEC's involvement is necessary to understand what's going on on his property and how it affects this. The the other thing we can double click into and something we've done before in the board is is sometimes we encourage the applicant to uh ensure that we be a good neighbor and prot and maybe sometimes we ask them to put some trees or plantings or screenings to help mitigate the impact to neighbors such as yourself. We're not there yet, but that's something we're definitely going to take a rec and make sure that we think that through. So, thank you for that. And I'm sure you're weary from your flight, but uh it was worthy. It was worthwhile you coming out.

Thank you. Thank you. I have a question about the trees. So, where your property is now, what is the height and the maturity of the trees along that lot line? That's a great question. Um, I don't have the facts, but I would guess, my best guess would be that the trees are about 100 years old and stand somewhere between 50 and 60 feet,

right? And if this if this lot line if this um driveway was not built on on that side, is that going to impact the tree line? Would they have to take down trees if we use the if they were able to use the other um the other entrance? I'm sorry. Can you clarify?

So, the gentleman showed us that there's a possibility for another entrance off of Pleasant Avenue or right down there. So, if they use that entrance instead of having to this flag lot, would the trees be impacted? Um I presume trees would be impacted but not on my property line. So if my property lines here, there are a few trees. Mhm. And what about along the other side, Michael?

There are trees. But so you had Michael, you had mentioned earlier that there is already impervious surfaces al along where you guys are proposing this uh driveway. What is it now that's impervious?

So there is an exist there was an existing garage about here which is over there. So that's what they took down. So there was there was a shorter driveway there that's gone. So very basically at the end of this drive was this was this surface which is now turned to grass. So it's grass now and then I can assume beyond that would still be mature trees. That's where the the falcons may reside. There is all this is all wood right there still going to be trees.

We're not proposing to clear cut the property. We're proposing to be environmentally sensitive to the property because my clients want to make sure that this is a a nice uh certain a nice place to live. And and to to the neighbor's point, this is basically flat. So runoff falling off this property is highly unlikely. The other thing I I'm not really concerned with the runoff because if you're going to build a house, we have to be compliant. I and I,

you know, you you're going to we'll have mitigation for that. I'm I'm actually not. It'll probably help this problem, right? A lot of people don't realize that because they think when you're cutting trees down that it's going to run off is going to become is going to increase, but it's not necessarily the case because they're going to have to mitigate that and manage all of the storm water on their own property. But that being said, what I'm on right now is the trees. And it sounds like it would be less impactful if we had if we went the other route, but we need to investigate what that means. So,

because right right now there it's wooded behind what you So, you would have to cut down a lot of trees and and to be able to cut this driveway in there.

So, um Pat was in on one of the earliest meetings we had about how we're going to proceed with this. And to my recollection, the other possible easement, it's not a it's not a a it's not a drive. It's not an access road. It's it would be another easement that we'd have to cut through my my client's current property. And my understanding was at that meeting that that was not a viable choice. And we chose this path, which was actually harder because we're creating this this flag lot. So to to create this other e easement is another flag lot onto a paper street. So my understanding from that and I'm so kind of surprised it's coming up now after we've been on this for 6 months going back and forth with with uh your board certainly and certainly the town consultant that it's coming up today. But my understanding was six months ago that that wasn't a viable choice. So again, so that's where um and certainly if there's a concern about wetlands on the other side of this property, having a road over there is a bigger negative than having a road onto hard scrabble. And hard scrabble obviously is a main road or main thoroughare for access for fire trucks and police is a lot easier than coming through a paper road. So, how does how does your client get to his house right now?

To his current house, his two houses on there there's a the one that he lives in. Yeah, it's the uh Pleasant Street Pleasant Road is it's a it's a road, but it's from my knowledge it's a it's a private road. It's like a looks like a driveway. Yeah, exactly. It's an access. It's not really got like like it's not like hard gravel, which is a as a clearly a town road. It's plowed and things. So yes, that so my recollection early on was that that was not a viable solution and it may not be but it's been brought up to us tonight. So we need I know which is surprising to me actually. So

well that's that happens but we'll vet it out. So, uh I know the um the um the man was gonna uh Yeah,

I was just going to respond to uh a comment that it would be unlikely for there to be runoff from from the property in front. Um and my comment was simply that runoff occurs all the time. Like I had to empty out 50,000 gallons of water from my pool because of runoff. I've had to renovate my basement um that flooded and damaged my rugs and all my furniture because of runoff. I'm the house at the end uh right before on a slope right before the marsh land. So all of the water kind of comes down that pleasant road into my property. So recognize that

but I but I do also appreciate your build um that this could potentially fix that. I don't I don't know. I'm just commenting on I'm just reacting.

So recogni recognize we'll do a couple things on this. Recognize that the town engineer is looking at this this application and every application So, we do have all the addresses of all these homes that are here tonight. The people who I think each one of the applicants have have said something to the effect of runoff and issues with water mitigation measures. I believe the town manager has reviewed them, but it will make sure that has happened because one thing I do know for sure, these storms that pop up every year are going to keep coming. So we want to make sure that we give due diligence with from a from a licensed engineer. He's a licensed engineer to make sure that this is this is covered well. So thank you for your comments tonight.

Thank you. So I know we had this is unorthodox but um I'll do the chairman prerogative. We have we have a speaker for one more question. I I think there's a there's a lady who right next to you. I saw the hand and I I had mercy on my soul. So on your soul actually

um I'm Colleen Gropa and I live at 793. So when you were talking about the trees and the falcons, I wanted to add something. Um there are a lot of big mature trees down our driveway, down the tur's driveway, big pine trees. I actually have um a nest still there in our pine tree that the the falcons had babies in multiple times. The turrets had a tree that had a nest in it. Um, and when you asked about the tree line down the [snorts] tur and ours, there are very big trees. There's pine trees, very large trees. And then on on his side too, where he lives now, there are also a lot of pine trees. They seem to like that. And I've got pictures of that. And I have pictures of the falcons. I have the nest. I have falcons all over our property. I've got the falcon pictures on his on the property that he's going to build on. Um, and lots of deer, lots of baby deer. We get them every year. We have turkeys, baby turkeys every year all over the property there. Um, and like my husband said, there's been there was apple orchards there way way before we bought the house. So, I feel like the deer have been coming there for decades and decades and decades from our woods up and they bed there. They feed there. They have babies there every year. So, I just wanted to tell you about the trees, about the falcons. Um, so I have pictures if you want to see the falcons on our property and on his property. So,

that that would be that'd be nice actually to see them. Yeah, these are some of the big trees that house. Okay, thank you very much. We'll give them back. This is the um this is the telephone pole coming down from the tourist to ours. And this is the falcon maybe last year sitting on the um I'll split them up this way. This is our nest in our tree. They're pretty big pine trees all around our house. We can take a look. I don't know if you want them. And here's some deer on his property that they're going to build on. And we've got some property.

Okay. Thank you very much. And we can we'll get back to you in a moment or two. Whose fence is this? Um that's the ter first. So what they're proposing is putting the driveway. So what we want to what we want to do, just so you know, I know you're you're holding the picture. We can't we can't have you we have to be have you at the mic when you when you speak. I was going to tell you um yes this fence is the tur so it's showing a picture of a lot of the mature trees but on the other side of this fence is where they're proposing to put um the driveway all the way down. So I think a lot of the trees are going to have to come down and they're big.

Uh since the trees seem to be um an issue for or a factor in the consideration of where to locate a driveway. Um, do we have a tree survey for the property on the We have chapter 2011, our tree ordinance, which requires the tree density factor calculation to be done. So, that information is necessary. Okay. Um, and if we could note kind of where the where the trees are on the site. We don't maybe need a tree inventory of the overall, but along the the two areas under typically is the area of disturbance. Okay. Yeah.

And we'll hand pictures back to you in a moment or two. Yeah. But we we we won't take them, but thank you for bringing them up. Okay. Uh just one of the benefits of being on TV is that the building inspector has been watching um and alerted us that um they had never directed the applicant that they could not use the back eastment or roadway. Um he was unaware of it. I was unaware of it. Um, so it's new information and again it just has to be brought into consideration.

Yeah. And that's that's what this process does, right? It it finds out things that need to be discovered to make sure that we're covering everything. We're we're dotting the eyes. We're crossing the te's and this is something that just needs to be vetted out. So I think this application needs a little bit more refinement where we the we nor the CAC makes any decisions with respect to endangered species. So it's easy to say there are paragraph falcons in the area that requires the documentation of the DEC and they would be the ones that would provide an opinion to you whether or not those trees are required for habitat or whatever it might be. So there's that as I said earlier a step from the DEC for two things the wetland next door as well as what may be endangered species that may

so how do we how do we how do we do that again? So the the it's the applicant's obligation to reach out to the to the DEEC. But an intermediate step, which is easy to do, is use the EF mapper, which will tell us right away in five minutes if there's identified environmental constraints on the property. Okay? So that's a very easy thing for the applicant to do. And that if if that's a that's a red flag and if it is, they'd have to get in touch with the

Okay. So, we we have a public hearing that's open. Um, at this point, I personally, as one board member, think we need to leave this public hearing open, but that's my own opinion. Um, what is the pleasure of the board with this open public hearing? I agree. So, we can can we have that in the form of a motion? I'll make a motion to keep the public hearing open. Motion from Jane. Second. Second from JD Walter. Hi, Jane. Hi, Eileen. I JD. And I for me.

Okay. So, and then that's that's it. We do have the the photos for you that were that were very nice for you to bring up to us. So, I'll give this to you in a moment or two. And that's it for us tonight in this application. Thank you. Okay. and and board. Just [snorts] hold on for one minute, two minutes. I have a couple things to to do. Administrative things. It's got a Yeah, turn that off. Yeah.