Town Of Charlton - Town Of Charlton: Planning Board Minutes

Town of Charlton

Planning Board Minutes

And Public Hearing Minutes

784 Charlton Road

Charlton, New York 12019

Minutes of Planning Board Meeting – October 15, 2007

Chairman Raymond Black called the meeting to order at 7:00 p.m. at the John W. Taylor Hall.

Present: Raymond Black, Chairman, Constance Wood, Jay Wilkinson, John Kadlecek, Mark Hodgkins, William Keniry, Esq., Planning Board Attorney, Susan York, Planning Board clerk and Kimberly Caron, Recording Secretary. Dawn Szurek joined the meeting at 7:10 p.m. Chris Mitchell joined the meeting at 7:20 p.m.

AGENDA MEETING:

Minutes

Mr. Black asked for comments on the draft of the September meeting minutes. Mrs. York previously provided comments via mail. No other comments were presented.

Gutto (225-1-66.1)

Mr. Black stated that County Planning Board approval was received on September 21, 2007. A copy of the letter is annexed hereto as Attachment 1. Mr. Black stated that the letter states to contact NYS DOT for a curb cut permit.

Mr. Black stated that at the last meeting the Board requested Mr. Gutto add a reference to the drawing and relocate the well because of the down slope. Mr. Black stated that the surveyor contacted him regarding the well. Mr. Black stated that he told the surveyor that the Board was advised that there was a down slope from the location and the Board wanted to change it so it would be more than 200 feet. Mr. Black stated that the surveyor told him that there is no down slope which is why the well is located there. Mr. Black stated that he walked the property and the well is where it is supposed to be. Mr. Black stated that he would like to remove that requirement.

Mr. Black stated that the Board also requested removing note #14. Mr. Black stated that the Board required County approval, which has been received.

Mr. Black stated that if Mr. Gutto comes to the meeting with a new map adding the reference to Lot 3-2 in note #20, the requirements will be met.

Mrs. Wood inquired if the Board had proof of the DEC wetland flagging done in August 2007.

Mr. Black reviewed the map. Mr. Black stated that according to the map it says that a single line hatched area of DEC wetlands was flagged in August 2007. Mr. Black stated that the only proof is what the surveyor put on the map.

Mr. Black stated that the Board had decided that as complicated as the drawings were, it does meet the minimum requirements.

Gracey/VanGuilder (237-1-21.1)

Mr. Black stated that the Board requested a septic system design and to remove proposed from the drawing.

Mrs. York contacted Michael Valentine and he stated that he did not need a copy as long as the Planning Board was happy with it. Mrs. York stated that she gave a copy to Mr. LaFountain and Mr. McNamara.

Mr. Black stated that the design was prepared by Lansing Engineering and it shows an acceptable design plan. Mr. Black stated that he does not think this needs to be re-reviewed by the engineer.

Mr. Black stated that the Board received a blow up of the two lots that came along with it showing the location of the percolation tests that were done for each. Mr. Black stated that a copy of the percolation test results has been provided.

Mr. Black stated that the Board requested the required building envelope, which has been added to the drawing showing a house within the building envelope. Mr. Black stated that it is not a normal building envelope, which would indicate required setbacks to front or side. Mr. Black stated that it appears to be a building envelope where they consider the elevation and the slope to be acceptable for the building. Mr. Black stated that it is guidance to the Zoning Enforcement Officer that this area within the building envelope is acceptable. Mr. Black stated that the Board would need to decide if the label “building line typical” should be changed to required or left as is.

Mr. Kadlecek stated that it should be that it is build at the highest possible point.

Mr. Black stated that is where the proposed house is.

Ms. Szurek inquired if the septic was far enough from the wetland.

Mr. Black stated that if it is ACOE wetlands then there is no required setback and if it is DEC then the setback requirement is 100 foot buffer. Mr. Black stated that this is ACOE wetlands.

Mr. Black stated that the Board requested an ACOE permit for wetland crossing. Mr. Black stated that the Board discussed this as a contingency for approval with a reference note indicating ACOE approval before building permit.

Mr. Black stated that Mr. Rabideau provided the DEC wetlands layout that was done.

Mrs. Wood stated that the site location map has the star in the wrong location.

The Board reviewed the site location map.

Mr. Black stated that there are several things to address: the building envelope, changing typical to required, a note addressing the ACOE crossing approval and changing the location of the star on the site location map to the right of Sweetman Road.

Heflin/Durst (255-1-40.1, 41, 43.1, 43.2, 43.3)

Mr. Black stated that the Board gave Mr. Longacker a list of what needed to be addressed before preliminary approval. Mr. Black stated that nothing has been received yet.

Mrs. York stated that Mr. Rabideau is working on the wetlands delineation.

Metz (247-1-40) Pre-Application conference

Mr. Black stated that this matter has been withdrawn.

Reports

Mr. Black stated that there would be standard reports.

The meeting was closed at 7:25 p.m.

BUSINESS MEETING

Opened at 7:30 p.m. with the Pledge of Allegiance.

Minutes

Mr. Black stated that Mrs. York, Mr. Keniry and Mrs. Wood have requested changes.

Mr. Kadlecek made the motion to approve the draft of the September 17, 2007 minutes with changes incorporated. Ms. Szurek seconded the motion. All were in favor. Mr. Hodgkins and Mrs. Wood abstained from the vote.

Gutto (225-1-66.1)

Mr. Gutto appeared before the Board.

Mr. Black stated that County Planning Board approval has been received.

Mr. Black stated that the Board had requested three changes. Mr. Black stated that the Board asked for a reference to Lot 3-2 be added to note #20, which has been done. Mr. Black stated that the Board asked for note #14 to be removed, which has been done. Mr. Black stated that the Board asked for the well to be relocated but withdrew that request after speaking to the surveyor.

Mr. Gutto stated that he came with the mylars to be signed together with paper copies.

Mr. Black stated that the Board took lead agency status on July 16, 2007. Mr. Black stated that this is a type 1 unlisted action.

Mrs. York stated that the long form EAF has to be completed by the Board.

The Board reviewed the long form Environmental Assessment form and answered “NO” to all questions.

Mr. Kadlecek made the motion that the proposed action is a type 1 action under SEQRA with a negative impact declaration relative to environmental impact. Mrs. Wood seconded the motion.

Roll call vote was taken:

Mr. Hodgkins - aye

Mr. Black - aye

Mrs. Wood – aye

Ms. Szurek – aye

Mr. Mitchell - aye

Mr. Wilkinson - aye

Mr. Kadlecek - aye

Motion carried.

Mr. Mitchell made a motion to approve the subdivision as Resolution 2007-13 and authorize the chairman to sign the mylars. Mr. Kadlecek seconded the motion.

Roll call vote was taken:

Mr. Hodgkins - aye

Mr. Black - aye

Mrs. Wood – aye

Ms. Szurek – aye

Mr. Mitchell - aye

Mr. Wilkinson - aye

Mr. Kadlecek - aye

Motion carried

Resolution 2007-13 was made.

Mrs. York provided the filing instructions to Mr. Gutto.

Mr. Gutto paid the $1,200.00 park fee, which Mrs. York accepted and provided a receipt for.

Gracey/VanGuilder (237-1-21.1)

Mr. Rabideau appeared before the Board.

Mr. Black stated that at the last meeting the Board requested the building envelope to be shown, which has been done, but is labeled “typical” and the Board would like it changed to read “required building envelope”. Mr. Black stated that the Board also requested ACOE crossing approval and a note indicating approval.

Mr. Rabideau stated that ACOE approval has not been received yet. Mr. Rabideau stated that he is looking for the Board’s desired wording for the note because the earliest that they can get the field walk is November 5^th. Mr. Rabideau stated the ACOE has looked at the initial information, which enabled them to schedule the field walk.

Mr. Black asked Mr. LaFountain if he thought there would be any reason that the three separate crossing permits would not be approved.

Mr. LaFountain responded no.

Mr. Black inquired that if the Board were to approve the subdivision with a note indicating that there are three separate crossings, highlighting them with reference to a note, which shall state “prior to the issuance of the building permit that evidence of ACOE crossing permit has been obtained” would that be adequate for Mr. LaFountain’s purposes.

Mr. LaFountain responded yes.

Mr. Black stated that the Board is looking for annotation of the three separate crossings with some kind of a footnote referencing a note which shall indicate that prior to the issuance of a building permit that the three crossing permits have been granted.

Mr. Black stated that in reviewing the drawings it was brought up that the site location map has the star located in the wrong place.

Mr. Rabideau reviewed the drawing and stated that the star will be correctly located.

Mr. Black stated that we have County approval with comment to provide a septic design, which has been done, and a suggestion about shared driveways, which the Board is not in favor of.

Mr. Black stated that Mr. McNamara’s comments of September 12, 2007 and September 14, 2007 were discussed at last months meeting.

Mr. Black stated that the Board took lead agency status on August 20, 2007.

Mr. Black stated that the Board is requesting three minor changes to the drawing:

-change ”typical” to “required building envelope”.

-change the site location star to be correctly labeled.

-adding a note regarding the crossing permits before a building permit will be issued.

The Board reviewed the short form Environmental Assessment form answering “NO” to all questions.

Mrs. Wood made the motion to declare the action as an unlisted action under SEQRA with a negative impact declaration relative to environmental impact. Mr. Black seconded the motion. All were in favor.

Mr. Kadlecek made the motion to approve the subdivision as Resolution 2007-14 contingent upon the three changes: change ”typical” to “required building envelope”, change the site location star to be correctly labeled and adding a note regarding the crossing permit before a building permit will be issued, and authorize the chairman to sign the mylars. Mrs. Wood seconded the motion.

Roll call vote was taken:

Mr. Hodgkins - aye

Mr. Black - aye

Mrs. Wood – aye

Ms. Szurek – aye

Mr. Mitchell - aye

Mr. Wilkinson - aye

Mr. Kadlecek - aye

Motion carried.

Resolution 2007-14 was made.

Heflin/Durst (255-1-40.1,41,43.1,43.2,43.3)

No one representing this matter appeared.

Mr. Rabideau stated that he has put in a bid to delineate the wetlands and has not received a response yet.

Pre-Application Conference

Metz (247-1-40)

Mr. Black stated that he had spoken to the applicants and advised them that what they have is a sub-standard lot and advised them that the Board could not approve a subdivision of a sub-standard lot or the creation of a sub-standard lot. Mr. Black stated that he advised the applicant that they would have to go before the ZBA. Mr. Black stated that the applicant questioned if Mr. Black knew the likelihood of getting that approved and Mr. Black informed her that he can not speak for the either of the Boards, only from opinion and his opinion is that it is a sub-standard situation as it sits today. To create two sub-standard lots would fly in the face of everything that the Town is trying to do. Mr. Black stated that he informed the applicant of the rational for the standard of the 2-acre minimum is associated with septic and well.

Mr. Black stated that the applicants have decided to withdraw their application at this time.

Zoning Administrator Report

Mr. LaFountain provided the report from September 2007 and reviewed it with the Board.

Correspondence

Mr. Black stated that he received a complimentary letter from Steve Markham. Mr. Black read the letter to the Board.

Mr. Black stated that the NYS Department of Agricultural and Markets are having a meeting on October 23, 2007 at 6:30 p.m. for the filing of grant applications.

Mrs. Verola stated that the Town Board would be present at that meeting.

Mr. Black clarified that the Planning Board does not need to take any action, that the meeting is informational only.

Mr. Black stated that the 4^th annual Planning Board conference is being held on January 30, 2008.

The Board discussed some of the material discussed at the October 8^th & 9^th training conference.

Town Board Liaison

Ms. Verola stated that she had no report.

Mr. Black made the motion to adjourn the meeting. Mr. Wilkinson seconded the motion. All were in favor.

The meeting was adjourned at 9:02 p.m.

Respectfully Submitted,

Kimberly A. Caron

Recording Secretary

Attachment 1 in paper form only