Planning
Board Minutes from 8-7-0-02 continued
G.
Lake: The County has seen this and they are happy with this?
D.
Simone: Right. These has been brought up to about ninety percent
complete and they've issued some minor comments at this point
which we are taking care of.
G.
Lake: Are they close to signing off on it though?
D.
Simone: Yes, hopefully within the next couple of weeks. That's
why we are back here so that we can get the Public Hearing scheduled.
D.
McGoey: We have received letters back from the County accepting
the mitigation that they've offered us.
G.
Lake: Okay.
A.
Dulgarian: After hearing, I do recall some of the things they
had to go through. I know they worked hard and we worked hard.
I just think we should just review the highlights of the traffic
study because it's been a while and the same concerns I had then
are the first concerns that came into my mind now. After hearing
some of the mitigation I do recall but I still want to review
it again.
D.
McGoey: We could arrange to have the new Board members see the
CD-Rom of traffic improvements.
G.
Lake: Are you willing to do that again?
D.
Simone: Sure.
Motion
to schedule a Public Hearing for October 2, 2002 made by G. Monaco
and seconded by R. Carr.
A.
Dulgarian: Aye
P. Owen: Aye
R.
Carr: Aye
G.
Monaco: Aye
G.
Luenzmann: Aye
G.
Lake: Aye
Motion
carried. 6 AYES
1. STONE RIDGE ESTATES - 26 LOT SUBDIVISION - Lybolt Road (19-1-5.23)
#021-001
L.
Potter: I am with Lanc & Tully Engineering and I'm here representing
Horizon View which is the project name which is Stone Ridge Estates.
It's a twenty six lot residential subdivision on Lybolt Road.
We've been before the Town before. We are requesting at this time
Conditional Final Approval. The project is presently waiting for
final approval from the Health Department. We just have a couple
of minor questions to resolve with them regarding water softening.
We're also waiting for the jurisdictional determination from the
Federal Corps. We previously had jurisdictional determination
which expired in June of this year. At their request we had to
re-flag the wetlands which wound up being pretty much the same
as they were. We're just waiting for the confirmation from them
at this time.
G.
Lake: Dick's comments.
D.
McGoey: Do you have a problem with item #1 putting the note on
the plans?
L.
Potter: I believe that was gone through with the Attorney and
you that we already have a note on the plans which is note #12.
D.
McGoey: Okay. I will have to look at it. As part of your Health
Department Approval did you have to prove that there is adequate
ground water supply?
L.
Potter: Yes we did.
D.
McGoey: Could you explain to the Board what you did?
G.
Lake: I thought they had to drill.
L.
Potter: We did. We drilled three wells on three separate lots,
none of them are in exactly the same proximity of one another.
They required us to do a four hour stabilization test for each
well and then from there we had to water quality sampling on all
of the wells. All of them passed. They had ten, twelve and I believe
fourteen gallons a minute.
G.
Lake: Do we get a record of that here?
D.
McGoey: I didn't see a record of it but . . .
L.
Potter: If you would like a copy for your files, yes.
D.
McGoey: It probably will be good for the files.
G.
Lake: Yes. Do you have a problem with item #5?
L.
Potter: No, we have no problem with it.
G.
Lake: I will go through the Board.
A.
Dulgarian: I have no problems with it.
P.
Owen: I have no problems.
R.
Carr: I have no problems.
G.
Luenzmann: No.
G.
Monaco: I haven't seen the water tests yet, but otherwise I have
no problem. Were the wells tested at the same time or just one
being pumped and then another?
L.
Potter: Two of them I believe were pumped at the same time and
the other one was done at a separate time just because it's difficult
to keep track of all of it.
G. Lake: We're going to get a copy of the letter from the Health
Department for our records and our benefit.
Motion
for Conditional Final Approval subject to the Army Corps, Health
Department and D. McGoey made by G. Luenzmann and seconded by
P. Owen.
A.
Dulgarian: Aye
P.
Owen: Aye
R.
Carr: Aye
G.
Monaco: Aye
G.
Luenzmann: Aye
G.
Lake: Aye
Motion
carried. 6 AYES
2. TIME WARNER CABLE - SITE PLAN REVISION - Industrial Drive (41-1-25.1)
#034-002
J.
Fellenzer: The project is located at 27 Industrial Drive right
up the street here. It is an existing site. The Time Warner Cable
is looking to add a new antenna, an electrical type antenna, for
their video on demand system that they are offering their customers.
The Site Plan changes include a satellite dish and a proposed
generator and a proposed equipment pad to store the equipment
in support of the antenna and in support of some air conditioning
in the existing office/warehouse. I would like to move on to Mr.
McGoey's comments. One was the distances from accessory structure
being shown on the plans. They are on the new plans. The minimum
is five feet from the property line. The closest we come is eleven
feet. We're beyond the five foot limit. Item #2, on the comments
to include an area map, etc. We have included a local map. I have
to apologize when the copies came out it wasn't a great copy but
up in the upper right hand corner is our location map. On page
S-2 we have identified all the bulk tables with the minimum requirements.
We meet all the requirements as dictated under the Town code.
Item #3 the Planning Board Attorney should advise whether a Public
Hearing is required. I received a letter on that today on that.
It stated that a Public Hearing was not required as their was
no proposed changes in the Special Use Permit.
G.
Barone: That's correct.
A.
Dulgarian: I have no problems.
P.
Owen: Nothing.
R.
Carr: No problems.
G.
Luenzmann: No problems.
G.
Monaco: No problems.
G.
Lake: The same for myself.
Motion
for a Negative Declaration made by A. Dulgarian and seconded by
G. Luenzmann.
A.
Dulgarian: Aye
P.
Owen: Aye
R.
Carr: Aye
G.
Monaco: Aye
G.
Luenzmann: Aye
G.
Lake: Aye
Motion
carried. 6 AYES
Motion
for Site Plan Modification made by A. Dulgarian and seconded by
P. Owen.
A.
Dulgarian: Aye
P.
Owen: Aye
R.
Carr: Aye
G.
Monaco: Aye
G.
Luenzmann: Aye
G.
Lake: Aye
Motion
carried. 6 AYES
3. RANDALL AIRPORT - SITE PLAN REVISION - Schutt Road (73-1-35.2)
#033-002
D.
Lockhart: We are proposing to subdivide what's currently known
now as the airport property. The first lot will be twenty seven
acres approximately and the second lot would be (not audible).
The first lot is currently not developed.
G.
Lake: On your plans you show lots #1, #2, and #3.
D.
Lockhart: That is a different lot.
G.
Lake: Do you want to combine that then or leave it as is?
D.
Lockhart: We don't need to combine it.
G.
Lake: So, that's an individual lot that you bought separately
and is not part of this?
D.
Lockhart: Right.
G.
Lake: Do you have Dick's comments?
D.
Lockhart: No I don't. Do we need a Public Hearing on this?
G.
Barone: No because they are not asking for a change in the Special
Use Permit.
G.
Lake: Dick, the next item is the bulk table. It's three lots but
we're . . .
D.
McGoey: We're going to change that to two lots. I think our biggest
issue has to do with the location of the new aircraft apron with
respect to the property line and that not being one hundred feet
from the property line. The ordinance requires that all areas
where there is movement of airplanes under their own power there
must be at least a one hundred feet from the property line.
G.
Lake: Wait a minute Dick. We have them down twice. One is for
a revision and one is for a two lot subdivision on the agenda.
D.
McGoey: Okay.
G.
Lake: We're just dealing with the revision right now.
D.
McGoey: Okay. You are creating that new lot line here. The new
apron which falls within less than one hundred feet of that property
line which violates Section 249-30 paragraph (c) of the ordinance.
You may need a variance.
D.
Lockhart: Is that possible?
A.
Dulgarian: Can the Zoning Board of Appeals do a variance on something
like that? Is that under our ordinance?
D.
McGoey: It's under our ordinance.
Mr.
Brodie: I think the Board should accept the "FAA".
G.
Lake: On what, the airport?
Mr.
Brodie: No. On the property line.
G.
Lake: We're bound by that. We can't give that relief here. Your
choice is to re-think what you want to do here or go to the Zoning
Board of Appeals and give them a try.
Mr.
Brodie: So, you will send us to the Zoning Board of Appeals?
G.
Lake: We can send you to the Zoning Board of Appeals. In that
case, both of these would be tabled until you come back from the
Zoning Board of Appeals.
D.
McGoey: Unless he wants a Site Plan without the subdivision. He
could be granted Site Plan Approval and continue with your improvements.
D.
Lockhart: Okay.
Mr.
Brodie: Why aren't you doing the subdivision? The FAA required
us to know what land is encumbered and not encumbered. It was
subdivided so it shows where our land is.
G.
Lake: Are you telling me that this land is under different rules
and regulations because the FAA confirmed the line?
Mr.
Brodie: Yes.
D.
McGoey: I know that they are being granted money from the FAA.
They're obligated to maintain that parcel as an airport under
certain rules.
Mr.
Brodie: I'm committed to do this.
G.
Lake: You got right into the subdivision.
D.
Lockhart: Yes, I realize that. We're looking to construct a sea
aircraft apron. It's approximately three hundred feet by six hundred
feet along two taxi lanes. The aircraft will be parked here. The
application also includes a gravel road that will connect Airport
Road to Schutt Road for internal movement on the airport.
A.
Dulgarian: I have nothing.
P.
Owen: Nothing.
R.
Carr: Nothing.
G.
Luenzmann: Nothing.
G.
Monaco: Nothing.
G.
Lake: For the Site Plan, I will entertain a Negative Declaration.
Motion for a Negative Declaration made by A. Dulgarian and seconded
by G. Luenzmann.
A.
Dulgarian: Aye
P.
Owen: Aye
R.
Carr: Aye
G.
Monaco: Aye
G.
Luenzmann: Aye
G.
Lake: Aye
Motion
carried. 6 AYES
Motion
for Site Plan Modification made by R. Carr and seconded by G.
Monaco.
A.
Dulgarian: Aye
P.
Owen: Aye
R.
Carr: Aye
G.
Monaco: Aye
G.
Luenzmann: Aye
G.
Lake: Aye
Motion
carried. 6 AYES
4. RANDALL AIRPORT - 2 LOT SUBDIVISION - Schutt Road (73-1-35.2)
#005-002
G.
Lake: You are going to need to seek relief from the Zoning Board
of Appeals. We can send them, right?
G.
Barone: Sure.
Motion
to refer applicant to the Zoning Board of Appeals made by P. Owen
and seconded by R. Carr.
A.
Dulgarian: Aye
P.
Owen: Aye
R.
Carr: Aye
G.
Monaco: Aye
G.
Luenzmann: Aye
G.
Lake: Aye
Motion
carried. 6 AYES. Applicant referred to the Zoning Board of Appeals.
5. GRANDFATHERS THREE - 12 LOT SUBDIVISION - VanBurenville Road
- (22-2-35.228) #042-001
G.
Lake: Tell us what you want to do?
A.
Fusco: We've been before you previously on this application. We
have been dealing with the Planning Board Attorney on it as well.
Our clients do have a deed for this which they secured from the
County. I do not have it in my possession or an acceptable title
report but we would proceed and receive that. I will submit that
to the Planning Board Attorney for his appropriate review. In
any event that clear title is not one hundred percent possible
we do have room to move the access road into the lot #1 area.
We are confident that we will be able to produce a current title
policy for the existing area.
G.
Lake: In looking at the map, the first thing that jumps out at
me, it looks like your road is on your property.
Planning
Board Minutes
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