acre. A permit will be applied for. The septic systems haven’t been approved yet by Eustance & Horowitz due to the fact we can’t do the soil testing at this time and the Town monumentation system hasn’t been verified yet.

G. Lake: I’m sorry, has or hasn’t?

S. Plass: Has not.

A. Dulgarian: I have nothing. It looks pretty decent.

P. Owen: I feel the same way.

R. Carr: I feel the same way.

G. Luenzmann: I have no comments other than Dick’s comments.

G. Monaco: No comments except for Dick’s.

T. Hamilton: The same.

G. Lake: You don’t have any problems with these comments?

S. Plass: No.

G. Lake: How long before you think the Army Corps?

S. Plass: I have no idea. I’m not getting the application, Mr. Nowicki is.

G. Lake: Do we have to have that before we sign?

D. McGoey: Yes. I will need the proper notes on the map. I don’t think she needs a permit.

S. Plass: Does he get a permit before he starts to build?

D. McGoey: He should get the delineation approved otherwise the applicant would be responsible for the delineation. Usually we require the sub-divider to get the delineation approved and then an individual permit could be gotten for each lot later.

S. Plass: They probably won’t come out and look at it until there is no snow on the ground. It may take a while.

G. Lake: Make it subject to?

D. McGoey: Yes.

MOTION for a NEGATIVE DECLARATION subject to all comments made by T. Hamilton and seconded by G. Luenzmann.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 7 AYES

MOTION for a TWO LOT SUBDIVISION subject to all comments made by G. Luenzmann and seconded by G. Monaco.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 7 AYES

1. CALIENDO - 2 LOT SUBDIVISION - Silver Lake Scotchtown Road/Third Street (52-12-1.3) #045-002

G. Caliendo: This is for a two lot subdivision off of Silver Lake Scotchtown Road and Third Street.

G. Lake: Dick, did we have a work session on this one?

D. McGoey: No, I don’t think we did.

G. Caliendo: Yes we did.

D. McGoey: Yes, back in July.

G. Lake: Go ahead.

G. Caliendo: Two lot subdivision on Third Street which has water and sewer.

G. Lake: Okay.

G. Caliendo: That’s off of Silver Lake Scotchtown Road.

G. Lake: Do you have a copy of Dick’s comments?

G. Caliendo: Yes I do and I object to item #4.

G. Lake: I’m sorry, what was that?

G. Caliendo: I object to item #4. I will explain the reason why.

G. Lake: The Highway comments.

D. McGoey: I have a comment here that says the old drainage is inadequate. A new basin should be installed at the south corner of lot #2 and properly sized pipes should be installed along Silver Lake Scotchtown Road frontage past Third Street.

G. Lake: You probably didn’t get the Highway comments then did you?

G. Caliendo: No because I gave an easement to the Town years ago for that drainage catch basin that is on my property. It doesn’t belong to me.

D. McGoey: Is there any reason why the easement isn’t shown there?

G. Caliendo: It’s a descriptive easement. It’s been there for over twenty to thirty years. I have no rights to it.

D. McGoey: Your land surveyor should show it.

G. Caliendo: The only thing I want to explain to you is about item #4.

G. Lake: We will get to that but let’s go through the rest of the comments. Dick, the second item here.

D. McGoey: Yes. We want to make sure that the sanitary sewer, the elevation of the dwelling units would drain so the sanitary sewer doesn’t have a problem connecting to the street.

G. Caliendo: All the other requests that you have on that page there’s no problem.

G. Lake: There are no wetlands?

D. McGoey: We need certification for that.

G. Lake: The certification for the wetlands has not been done yet?

G. Caliendo: I’m not on any wetlands as far I know. The surveyor says he will get all the detailed information who is Roger Ferris.

G. Lake: The problem that we’re going to run into is that we don’t have that information here tonight. You’re kind of asking the Board to okay something.

G. Caliendo: I understand that. It could be subject the following information.

G. Lake: I’m not sure with a subject to on something like wetlands, etc. Item #4, a fifty foot dedication on Third Street.

G. Caliendo: A fifty foot dedication on Third Street, if I gave fifty feet to the Town for that I couldn’t build a house at all.

D. McGoey: That’s a mistake. It should have said twenty five foot dedication from the center of the road.

G. Caliendo: Twenty five feet from the center of the road. I still have to go for variances if it was approved. The setbacks would all change.

D. McGoey: It is only an offer of dedication. It would be taken only if the Town decided to widen the road and then it would be a Town problem.

G. Barone: Not if the homes are already built.

G. Caliendo: I would like to give you a little history of this lot. When I bought this lot years ago, Third Street was in the wrong location. It was going through the center of the property. At my expense, it cost me over twenty thousand dollars, to relocate that road with the help of Mr. Ingrassia who was the Highway Superintendent. After I did that road I was sued and taken to Supreme Court by Anita Rait who wanted a descriptive easement to go through the center of my property. I had nothing but heartaches with this. She sued me. The Judge came out to see it and he saw what was happening here. He ruled in my favor. Now, it’s a coincidence since I do electrical inspections for this Town, I have a builder who called me up representing a project that’s going behind the property and is planning on buying Anita Rait’s property behind it. He asked me if I would sell him a fifty foot right-of-way. I’m finding this a coincidence. All of a sudden a month ago this fifty feet right-of-way comes up.

G. Lake: First of all, it is twenty five feet from the centerline.

G. Caliendo: Yes, but the letter says fifty feet.

G. Lake: Our Engineer told you that was a mistake.

G. Caliendo: I’m not accusing anybody.

G. Lake: I’m telling you we get fifty feet no matter where we go for a dedication or a right-of-way. You’ve been here in front of us enough.

D. McGoey: Twenty five feet from the centerline.

G. Lake: It’s nothing new.

G. Caliendo: I didn’t say who was behind it. I just find it as a coincidence.

J. Nosek: When we come in for a subdivision, the Board does ask us for the twenty five foot dedication and as a general rule we had no objection to it. In this particular case, to give a twenty five foot dedication from the centerline of the road would, in effect, create two lots which would now become non-conforming.

A. Dulgarian: That’s not true because this twenty five feet is not being taken. It’s just there for the taking.

D. McGoey: It’s being offered.

A. Dulgarian: It has no effect on the Site Plan.

G. Lake: Dick just explained that. That was just in case the Town decided to go in ten years from now and then it becomes a Town problem as Dick said. I think that is really not the issue that you have to worry about.

J. Nosek: The storm drainage.

G. Caliendo: That catch basin has been in there for over ten years. Technically, by law, there is a descriptive easement for that catch basin.

G. Lake: There is?

G. Caliendo: That catch basin was there before I even owned the property.

G. Lake: Is that what you’re talking about Dick?

D. McGoey: Yes. He should clear it up now and show an easement.

G. Barone: A descriptive easement doesn’t require (not clear) but I think Dick has a good point to have it provided so there is no dispute in the future over where the easement lies, etc.

J. Nosek: We have no problem giving a twenty five foot easement.

G. Lake: Dick’s last comment.

J. Nosek: Yes, we will show the fire hydrant and the surveyor map has to verify that the correct information is tied into the Town’s datum and the horizontal information as well. We have no objections to that.

T. Hamilton: Dick, you had a question about the sewer?

D. McGoey: Yes. We need to know the sewer elevation so we can be sure you can tie into the sewer line.

J. Nosek: That’s no problem.

D. McGoey: The Highway Department requested that the old drainage is inadequate. A new basin should be installed at the south corner of lot #2 and pipe properly sized.

J. Nosek: The south corner of lot #2. I’m sorry, I didn’t get that comment.

D. McGoey: A new basin should be installed at the south corner of lot #2 and properly sized pipe installed along Silver Lake Scotchtown Road frontage past Third Street.

G. Lake: Why don’t you guys get together and clean this up so we don’t have any problems?

D. McGoey: Okay.

G. Lake: You need to check the elevation. Another work session Dick, and we can probably clean this up?

D. McGoey: Yes.

J. Nosek: I have no objections to that. Are we required to have a Public Hearing?

G. Lake: It’s only a two lot subdivision.

J. Nosek: Okay.

G. Lake: Call the office to get set up for another work session. Let me go through the Board.

A. Dulgarian: I would just like to see the dimensions of the footprint of the homes.

P. Owen: Nothing now.

R. Carr: Nothing.

G. Luenzmann: I have nothing to add.

G. Monaco: Nothing.

T. Hamilton: Nothing.

G. Lake: I have nothing more.

TABLED for further review.

2. LAKE VIEW ESTATES - 8 LOT SUBDIVISION - Bert Crawford Road (53-1-2.21) #029-002

G. Lake: This has been before us a couple of times. It’s had a couple of work sessions already.

J. Myrow: This is a 4.1 +/- acre piece of property off of Bert Crawford Road. We’re looking to construct a very short cul-de-sac and approximately four hundred and fifty to four hundred seventy feet cul-de-sac with six lots fronting off the cul-de-sac and two lots at the very beginning for a total of eight lots. All lots are to be serviced by public water and sewer. We’ve had a couple of work shop sessions with the Town Engineer. We’ve revised the layout a couple of times with a couple of different configurations. We felt this configuration worked the best.

G. Lake: Why don’t you take a second just to show the Board and refresh their memory on how it was and what changes you’ve made with it?

J. Myrow: The out layout we were trying to take advantage of the fifty foot right-of-way that had direct access right on to Bert Crawford Road. I believe it was a paper street known as Maple Avenue. That’s the old way out.

G. Monaco: Was it nine lots at one time?

J. Myrow: Yes it was nine lots. We had some grading problems coming in. It is a very narrow strip and does meet the fifty foot standard but with the grades and so forth we created a need for some retaining walls. There were some issues with regard to the lands of Fogerty and the possibility of encroaching upon the existing driveway that was there. We went back and took a look at it and decided that we felt it was better to come in as we show it now. There’s less grading involved. We did lose one lot but I think this configuration works better than the older one. I believe the Town Engineer also agreed.

G. Lake: I think you also had a couple of driveways out on to Bert Crawford Road.

J. Nosek: That’s correct. If I’m not mistaken they all come in off the internal cul-de-sac. There are none proposed other than the entrance road.

G. Lake: Let me go through the Board.

A. Dulgarian: This adjoiners dwelling between lot #7 and lot #8 did you mess with that lot line also?

J. Nosek: No. That line is surveyed and located so we’re not proposing to touch that line.

A. Dulgarian: Dick, are all of these other dwellings that are pre-existing, non-conforming those lines exist, correct?

D. McGoey: Yes.

A. Dulgarian: What about the well on that property between lot #7 and lot #8? Is that on his property or is that on your property?

J. Nosek: I’m pretty sure that he’s tied into the water line. There’s a water line in Bert Crawford Road.

A. Dulgarian: I really don’t see any big problems on this.

P. Owen: In don’t have anything else.

R. Carr: On this retaining wall you’re putting in by lot #7 how far is that?

J. Nosek: It’s only shown in concept at this time so we’ll have to give details on it but essentially because of the grading of the cul-de-sac we ended up having to fill the back property line and it goes about seven feet down to five feet, three feet, two feet and back to grade. At the highest point it is about seven feet.

R. Carr: I would be concerned about the drainage with the dropped hill. It is a big improvement from the first plan.

G. Lake: What I think has happened here now they brought this into their property.

J. Nosek: He’s actually encroaching upon us so I don’t think we’re looking to disturb that. We will allow him to continue to use it for what he’s used it for.

R. Carr: The only other thing I have is Dick’s comments. It is definitely a lot better than it was.

G. Luenzmann: The only question I had was is there any traffic impact of these cars coming in and out and affecting the line of sight?

D. McGoey: I questioned the line of sight and asked previously that they do a site distance evaluation with the prevailing speed but I haven’t seen it yet.

J. Nosek: Unfortunately with the snow I really want to get a chance to get out there when I can see what needs to be done. There is a curve in the road this way. The site distance this way going back towards Route 211, that site distance is fine. There is a curve going the other direction. . .

G. Luenzmann: Going back in the other direction it looks like it may be a problem.

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