J.
Nosek: If you do look at it and again I want an opportunity to
look at it when there isn’t so much snow and snow piles
but if you take off the right-of-way and as I understand it, the
right-of-way is a little bit further than twenty five feet there’s
basically weeds. There’s a lot of brush and weed growth
that I think if we can trim that down we can considerably improve
the site distance along the bend to make it satisfactory.
G. Monaco: I have a question with lot #7 with the adjoining dwelling.
Is that gravel driveway going to stay?
J.
Nosek: Yes. That is an encroachment again on our property. Our
intention is not to disturb that.
T.
Hamilton: I think we need some kind of legal description or easement
for him to do that, don’t we?
G.
Barone: It’s highly desirable. They’ve been there
for a long time.
T.
Hamilton: We need that over on Fogerty’s also where he has
an adjoiners concrete wall and an adjoiners gravel drive. We need
something also on lot #5.
J.
Myrow: We can put them on notice that they have to remove the
encroachments or getting some writing acknowledging it.
G.
Lake: I think we’re looking for some kind of an easement
to allow them to use it.
T.
Hamilton: It is the liability aspect of it.
J.
Myrow: To the extent that you have a gravel driveway, I’m
not sure really if the person has access along their property.
A gravel driveway isn’t necessarily going to result in a
descriptive title to this property. You would probably want the
owners of those properties to acknowledge that they are encroaching
and if they do have proper access to their property without encroaching
we may want to leave it up to the ultimate owner of lot #7 as
to whether they want to move it.
G.
Lake: I think if I listen to this Board correctly, I think this
Board would like to see it straightened out.
T.
Hamilton: By putting notes on it.
G.
Lake: I think a valid point was raised and I think you have two
situations on there that you need to solve.
J.
Myrow: The Board would be satisfied either way?
G. Lake: I think the Board would be satisfied with how you’re
going to solve it. I think the Board would like to clean it up.
We’re asking new houses to stand on their own.
J.
Myrow: I had the same question. I’m with you.
G.
Lake: I think that’s what the Board would be looking for.
Dick’s comments, you have fourteen of them. Do you want
to go through every one Dick?
D.
McGoey: Do you have any problems with any of them?
A.
Dulgarian: We have to table this any way.
J.
Nosek: A lot of them are pretty much geared toward Preliminary
type plans which we’re not quite ready yet. I don’t
think we have any objections to any of them.
D.
McGoey: Even to eliminating a lot?
J.
Myrow: Which comment is that?
D.
McGoey: Item #5 because of grading problems in the back.
J.
Nosek: Do you want to eliminate one of those lots?
D.
McGoey: I believe so.
J.
Nosek: We can pull the grading back and I could propose a retaining
wall in the back.
G.
Lake: You will be going to another work session any way.
J.
Myrow: We need an opportunity to do a full drainage study and
we haven’t gotten to that point yet. I don’t think
we should have to make that determination yet.
D.
McGoey: Okay.
J. Myrow: The only issue with the sewer as opposed to the pump
station. It is my understanding that we’ve been in contact
with the condominium development across the street and I believe
a letter has been sent by Mr. Smith and we haven’t received
an answer as to whether we’re going to be allowed to tap
into that sewer line or not. We need that answer before we can
really provide a lot of the information you need on these comments.
We would ask the Board to re-syndicate that and we should move
forward with this plan so we can make this move forward.
G.
Lake: I think outside the items that we mentioned as well as moving
some stuff in Dick’s comments I think that almost everybody
mentioned that it was a better plan than before and that you are
heading in the right direction.
J.
Myrow: Good.
G.
Lake: You need to clean up a couple of things. Obviously we’re
going to want to look at that retaining wall and the back grading.
J.
Myrow: And the Board is aware of the proposed pump station as
opposed to hooking up.
G.
Lake: We will follow Mr. Smith’s lead on that.
J.
Myrow: It is my understanding that he is highly in favor of tapping
into that line if we can get permission.
G.
Lake: Right.
TABLED
for further review.
1. CRESCENT COVE - 4 LOT SUBDIVISION - Route 302 (7-2-2.3) #050-002
D.
Yanosh: I am the surveyor for the project. This is a 14.8 acre
parcel of land on Route 302 in the R-2 zone. We propose four lots
with a new Town road going through the middle. We’ve been
to Eustance & Horowitz. I was there today and signed off on
a note on the plan. The letter from them should be forthwith in
a couple of days. Department of Transportation has approved my
driveway cut. They would like to see the house over here to the
south of the road going in that is owned by Michael Wislowski
to change his driveway from going out to Route 302 to Henderson
Drive. I saw him today and he said he was going to do that. He’s
buying the four lots and will be putting houses up himself.
A.
Dulgarian: You didn’t show the houses on there.
D.
Yanosh: Not yet.
G. Lake: Let me go through the Board.
A.
Dulgarian: These are wells and septics?
D.
Yanosh: Yes.
P.
Owen: Nothing right now.
R.
Carr: Nothing.
G.
Luenzmann: I will have something but I’ll wait.
G.
Monaco: Nothing.
T.
Hamilton: Without going through this list of notes on here between
lots #3 and #4 the drainage easement.
D.
McGoey: Yes.
T.
Hamilton: That’s going to be a drainage district?
D.
McGoey: Yes.
D.
Yanosh: I think all that stuff has been taken care of.
G.
Barone: I have spoken about that.
T.
Hamilton: The Town Board has to pass that. Have they done that?
Has he applied to do that with the Town Board.
G.
Barone: That I don’t know.
D.
McGoey: We would normally do that with Final approval but we haven’t
even granted Preliminary approval. He would have to go to the
Town Board and in order for the map to be signed the district
would have to be shown.
D.
Yanosh: I know the attorney’s were talking about it.
T. Hamilton: Has it been referred to the Town to form the drainage
district? We can’t sign off until we know it’s there.
D.
Yanosh: I know the paperwork has been done.
G.
Lake: Dan, Dick’s comments. Do you want to go through them
quick?
D.
Yanosh: The railroad that’s between lot #3 and the westerly
parcel I will explain real quick. Mr. Miller is in contract to
buy that piece of property from the Gagliano’s. They are
in contract right now to buy that. Once that comes through we’re
going to have title to that piece of property.
A.
Dulgarian: I thought it was going to be a rail trail.
D.
Yanosh: We’re going to take it. We understand that the rail
trail is going to go through there but it’s still a valid
piece of property that we’re going to take. We’re
going to leave it there for the option of that trail.
A.
Dulgarian: So, this proposed street may cross over to that other
property?
D.
Yanosh: Possibly later on.
T.
Hamilton: Dick, will that end up with a cul-de-sac that’s
too long here?
D.
McGoey: The cul-de-sac length is based on the average lot so I
would have to calculate that.
D.
Yanosh: I think it’s six times.
T.
Hamilton: So that we don’t run into a problem later.
D.
Yanosh: I think it is six times the minimum lot width is what
it is. That’s down the road.
T.
Hamilton: You just told us so now it is on the record.
G.
Lake: The Highway Superintendent said it’s not uncommon
to have a road crossing something like this.
A. Dulgarian: It’s very similar to the one in Goshen, the
Heritage Trail. Is this proposed to be a Town road and it’s
going to be the Town’s obligation to keep the area clean?
D.
Yanosh: If it does extend through we are going to leave that right
there for bikers or people to park their cars on. Item #2, there
are some details on the road.
D.
McGoey: Right.
D.
Yanosh: I can take care of those. The stop sign, that’s
the request of the Department of Transportation. One of their
comments was a stop sign wasn’t going to be installed until
the road was dedicated. That was one of their comments.
D.
McGoey: I saw that also.
D.
Yanosh: I believe the sidewalks were waived at a previous meeting
quite a while ago and we decided on curbs.
T.
Hamilton: Yes.
D.
Yanosh: I didn’t know we had to have the street trees on
here.
G.
Lake: We have been asking to do that and you look at the Heritage
Crossing and in a couple of years that will be a real model. How
about along the school?
D.
Yanosh: There is a big area between the property line and the
school. It is a big wooded area. Eustance & Horowitz, I was
down there today.
D.
McGoey: This is not a Health Department issue?
D.
Yanosh: No.
D.
McGoey: You’re putting fill in to construct the entrance
roadway. I’m concerned that it might block runoff that now
runs from lot #2.2 towards #2.1. It might have an affect on the
existing septic system.
D.
Yanosh: It goes down the hill.
D.
McGoey: It goes down Henderson Drive?
D. Yanosh: Yes everything goes down.
D.
McGoey: Even with the new curbs and the fill?
D.
Yanosh: There is a little bit of fill but not much around the
septic area there. It’s going to be curbed. We’re
not going to affect anything on that existing property.
D.
McGoey: Well, you are. Your new contour shows it is going to be
filled. That’s where the water ponds.
D.
Yanosh: I don’t know how you can correct that.
D.
McGoey: You might have to fill here and get this water out of
here.
G.
Lake: Dick, do you want him to do a little detail on that?
D.
McGoey: Yes.
G.
Lake: This way it will eliminate any problems on septics later
on.
D.
Yanosh: Sure. Okay. Michael Wislowski lives on lot 2.1.
G.
Lake: Let me go through the Board one more time.
D.
Yanosh: There has to be a bond estimate also for the road?
D.
McGoey: Yes.
A.
Dulgarian: The notes on the plans, do they go on the deeds specifically
in and when water and sewer goes out there that the home owner
has to connect.
D.
Yanosh: The note is a note that the Town requires that we put
on the plan. There is no rule that says . . .
G.
Barone: Generally the notes are put on the plan aren’t reproduced
on the deed and the title report given to the homeowner says subject
to those notes on the plans.
A.
Dulgarian: So the homeowner has no idea he may have to hook up.
G. Barone: Typically they don’t have a clue unless their
attorney tells them. That’s why we’re doing lighting
and drainage districts now.
G.
Luenzmann: I just have a question of curiosity. Hay bales, proposed
hay bales. Why would you put that on the plan?
D.
McGoey: Soil and erosion control during construction.
T.
Hamilton: Dick, between lot #1 and lot #2.
D.
McGoey: Right.
T.
Hamilton: Your roof and footing drains proposed to run into that
property line from the two. Is that part of that drainage that’s
going down across the way or what happens there?
D.
McGoey: They can trap water, I suppose.
T.
Hamilton: You have both of them running into that same property
line, what happens to it, the water?
D.
McGoey: Dan, does that run over the curb in the catch basin?
D.
Yanosh: In a place like this, it’s sandy, gravelly soils.
I doubt very much on these two small little lots that you’re
going to have much runoff in the footing drains. I think the drainage
will be very minimal for the area this size.
T.
Hamilton: It’s running right towards actually where your
septic area and leach fields are. Do you normally run them toward
where the leach fields are?
D.
McGoey: No. They are normally run the other way.
D.
Yanosh: I can put a swale between lots #1 and #2 if you wanted
to channel that into.
T.
Hamilton: I’m just thinking where is it going to go? I know
on the other side of the street is where you have your drainage
easement but you have nothing on this side.
D. Yanosh: Eustance & Horowitz reviewed these. They made me
put in roof drains and footing drains. They didn’t have
a problem. I can bring that one through the back and go on to
the school property in the back further away from that septic.
That’s no problem either. I could probably put a dry well
in and will probably serve the same thing.
D.
McGoey: I think take them to the back of the property will be
better and away from the septic systems.
MOTION
for a NEGATIVE DECLARATION 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
MOTION
for PRELIMINARY APPROVAL subject to all comments made by G. Luenzmann
and seconded by P. Owen.
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
