Frederick
Popp - Turkey Hill Richard Jones - Moore Road
C.
Yasutaki - Cemetery Road Alfred Jantzen - Commons Road
James
C. Sr.& Bruce Potts - Cemetery Road John Moran - Commons Road
Paul
Doherty - Turkey Hill Richard Messmer - Commons Road Michael Kokas - Pleasantvale Road Rodney Morrison - County Route 6
PLANNING BOARD MEETING
MARCH 14,2007
The
Clermont Planning Board held public hearings and the regular meeting on
Wednesday, March 14, 2007 at 7:30 P.M.
Those members present were Laurence Saulpaugh, Dianne O'Neal, Aldo
Dusman, Clayton Andrus, Amandus Fuchs and Garret O'Connor. Others present were
Dan Wheeler, Town engineer, Frederick Popp, Richard Jones, Alfred Jantzen,
Everett White, surveyor for Jantzen, Cliff Yasutaki, Charles and Carol Lent,
Patricia Hinkein, John and Nora Moran, Aldus Francescott, Harry Hill, Tom
Jantzen, Paul Doherty, Jason Morris, engineer for Doherty, Richard Messmer,
Michael Kokas, Elizabeth Mahar, Ken Casamento and Rodney Morrison, LRC Group
and Robert Desmond.
Chairman
Saulpaugh opened the regular meeting of the Clermont Planning Board and the
members reviewed the minutes. Mandy
Fuchs asked if the Jantzen subdivision was a five lot or a six. It is five new lots. Also noted a correction on page 4- ‘voluntary
should be voluntarily’. A motion was
made by Clayton Andrus, seconded by Dianne O'Neal to approve the minutes with
corrections as noted.
A
motion was made by Garret O'Connor, seconded by Clayton to close the regular
meeting and open the public hearing on the subdivision by Richard Jones on
Moore Road of 4.81 acres into two parcels, Lot 20A - 2.593 with existing
residence and Lot 20B- 2.212 acres.
Chairman Saulpaugh asked if anyone from the public was here for or
against this subdivision. Mr. Jones presented the certified mail receipts, He
has all deed descriptions, shared driveway agreement, driveway permit and
approval from the Zoning Board of Appeals for an area variance for a shed which
is close to the boundary line of the new lot and fees have been paid. SEQRA was
reviewed and a motion made by Dianne O'Neal, seconded by Clayton Andrus to
declare a negative declaration. All in favor.
So carried. A motion was made to close the public hearing by Garret
O'Connor, seconded by Clayton Andrus. A motion was made by Dianne O'Neal,
seconded by Garret O'Connor to approve the subdivision as submitted. All in
favor. So carried.
A
motion was made by Garret O'Connor, seconded by Clayton Andrus to close the
regular meeting and open the public hearing of James C. Potts, Sr. and Bruce
Potts on a boundary line change on Cemetery Road of ten acres to be merged with
lands of Carol and Charles Lent.
Patricia Hinkein respresented the Potts’. The receipts for certified mailings, deeds
for both taking the l0 acres from Potts land and for merging to Lent’s
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2 PLANNING BOARD MEETING MARCH 14, 2007
were
presented as well as survey maps. Dan
Wheeler checked with our town attorney about restriction on deeded ten-acres
that it is to be used for residential or agricultural
use
only and he responded that this is okay.
Received escrow fee of $225.00 and $75.00 fee for boundary line change.
Mandy
Fuchs asked if there are monuments at the end of the road and Ms. Hinkein
believes so. SEQRA was reviewed and a
motion made by Clayton Andrus, seconded by Dianne O'Neal to declare a negative
declaration on SEQRA. A motion was made by Clayton Andrus, seconded by Amandus
Fuchs to close public hearing. Mandy
Fuchs does not see on the maps that the pins are in place, but Charles Lent has
walked the property and the pins are in.
A motion was made to approve the boundary line change by Amandus Fuchs,
seconded by Clayton Andrus. All in
favor. So carried.
Garret
O'Connor recused himself from this public hearing of Alfred Jantzen for a
five-lot subdivision on Commons Road. A
motion was made by Amandus Fuchs, seconded by Clayton Andrus to close the
regular meeting and open the public hearing of Alfred Jantzen for a five-lot
subdivision on Commons Road. Chairman Saulpaugh asked if there was anyone
present for or against this subdivision.
No one responded. Aldo Dusman
asked if the pins have been set, but the Jantzen replied that this was not
asked for before. Mandy Fuchs stated that the road specification requirements
say every 200 feet for a monument and along the road - concrete monuments are
required. Asked how do you put the concrete monument in the middle of the road,
then you would have to present another map.
Usually put on setbacks, 25 feet according to Everett White,
surveyor. Sometimes you run into
problems setting pins when you run into rock or whatever. Bring in and show us on a map next month
where the pins went in. Applicant
requested contingent approval but Aldo Dusman does not want to grant approval
contingent on this being done. Tom
Jantzen stated that since the Planning Board made the error on not asking for
it last month when asked if there were any more things necessary, why can’t we
have contingent approval this month.
Mandy Fuchs stated that we have to have a preliminary hearing before we
have a final hearing. Consider this the preliminary hearing with SEQRA, the
final map would then show where the pins would be placed. If the property line ends in the middle of
the road, you have to put that line somewhere; you are not showing it
here. Projects have been held up for
over a year because the monuments were not put in. We have to assure that pins are put in. Dan read from Highway Specifications. All monuments should be shown on the
map. If it is a user road, you own to
the center. Even if it is private road
you have to delineate. If approved,
contingent upon resolution by town attorney.
Applicant must submit an ‘as built’ and therefore monument is recorded
on ‘as built’. Clayton Andrus asked if
we couldn’t approve the subdivision and not sign the maps. Dan Wheeler said it could be approved with
contingencies and when applicant brings in ‘as built’, the maps could be
stamped. Garret O'Connor noted that a
utility easement is shown on map, but Garret has never signed an
agreement. He doesn’t feel that he needs
to sign it. Could be reworded that if
utility never needs easement it can be removed.
The easement would have to be filed before it would come into effect. Map does say it is proposed easement. There are other
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3 PLANNING BOARD MEETING MARCH 14, 2007
means
to get electric from poles across the street.
Garret O'Connor asked if there is a reason why you did not show the pins
on his property and was it surveyed? It
is on a filed map filed in the Clerks office.
If the pins are out there and on a filed map, it seems like it should be
shown on this map. Garret O'Connor asked
if they agree that pins should be shown since they are out there and on
file. The pins can be shown on the next
map. Garret recommends that they find
that original pin because it could create problems later on. A motion was made
by Amandus Fuchs, seconded by Dianne to review SEQRA. Chairman Saulpaugh went
through the SEQRA application. A motion
was made by Amandus Fuchs, seconded by Clayton to declare a negative
declaration. All in favor. So carried.
A
motion was made by Amandus Fuchs, seconded by Clayton Andrus to close the
public hearing and open the regular meeting. Chairman Saulpaugh asked if we are
accepting this as preliminary and as a final with offset pins shown on
map. For next month the applicant should
bring maps showing placement of pins. A motion was made by Amandus Fuchs,
seconded by Dianne O'Neal to waive putting concrete monuments every 200 feet,
put them at the property line and show on ‘as built’. Also waive five-inch concrete marker
requirement and allow four-inch concrete markers in corners bordering road. .
All in favor. So carried.
Garret
O'Connor is back on the board.
Frederick
‘Skip” Popp, Boundary Line change on Turkey Hill Road. Mr. Popp would like to
sell 1.38 acres to a neighbor and retain 4.15 acres in the Roe Jan
Corridor. As Mandy Fuchs explained the
history of the property was that years ago the 1.38 acre parcel was added to
the 4.15 acres so that Mr. Popp could subdivide two acres off to give to his
son because of the five acre requirement on the Roe Jan. Now if we let him
subdivide the 1.38-acre parcel off it creates a non-conforming lot of 4.15 acres. Aldo Dusman thinks we should ask the attorney,
but Mandy doesn’t. Mr. Popp should go to
the ZBA for an area variance. They meet
on the fourth Wednesday and then come back to the planning board for approval
of the boundary line change.
Cliff
Yasutaki on Cemetery Road has 3.7 acres, which he is contemplating subdividing
into three parcels. The Town Highway
Superintendent feels that there are two possible driveway sites but trees must
be removed on his property to improve site distance, and no permits have been
issued. At this time he is not sure what he wants to do with lots, whether to
build on them or sell them. Can he get
an approval for subdivision just based on surveying lots? Of concern by several members is that of the
3.7 acres may not have enough buildable acreage for three lots. A flag lot does not count as part of the one
acre needed for residential use.
Vegetation should be shown on map, show neighboring wells and septic
systems within 200 feet of the property on the survey. Need board of health approval on the two new
lots before subdivision can be approved.
At next months meeting bring sketch plan showing what is asked for in
the application package.
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4 PLANNING BOARD MEETING MARCH 14, 2007
John
Moran is applying for a minor subdivision of Lot #5 & #6 on Commons Road,
part of the original subdivision. These
parcels were merged together some time ago. He would like to divide them into
Lot #5 1.864 acres and Lot #6 2.06 acres. At the time that they were two
parcels an approval for a septic system was shown on original map and he is
wondering if he can still use it?
Application is filed, driveway approval for Lot #6, show wells and
septics for Lot #5 and get septic approval.
Accepted application but did not approve for sketch plan. Amandus Fuchs made a motion to accept the
application, seconded by Dianne O'Neal.
All in favor. So carried.
Paul
Doherty is selling the 42-acre parcel in Milan, which was part of the
subdivision he is proposing on Turkey Hill Road. He showed a plan with a loop
road with a 13 - 14% grade. Town allows
10%. Well above the 3% grade at where
road comes onto Turkey Hill Road. There
was more discussion about the length of the cul-de-sac.
When
town adopted 500’ cul-de-sac it was for safety reasons. Aldo Dusman feels that now we are going
against what the town adopted. Mandy
Fuchs suggested requesting that if the road was wider firemen could have
additional footage enabling a fire truck to pull off the road and have a full
lane for cars to exit. Dan Wheeler
suggested talking to the Highway Superintendent before recommending widening
roads in a cul-de-sac. He will check
with him. Two lots are allowed off a shared driveway so they may be able to
utilize shared driveways. Dianne O’Neal
asked about the trail - because it is only 25 feet wide, towns do not treat it
as a building lot, it remains in ownership of Mr. Doherty. This proposed trail would connect with
another five-mile trail, which goes into Dutchess County. Will speak to Jim Potts regarding extra
width, which side and does he want it paved with item 4. Suggested Larry, Dan and Jim Potts have a
meeting on these aspects.
Rick
Messmer, Commons Road is proposing subdividing a 7 acre parcel, the former Ross
property, into three lots, 1.15 acres, 1.04 acres and 4.52 acres. Dan Wheeler explained that a subdivision lot
is approved for accessibility, sewer, water and that it meets all zoning
requirements. With a common driveway you
still want to provide for accessibility to the lot and would have to convince
the board that if a shared driveway agreement falls apart, the owner still has
a way to access the lot. An application
was submitted as this meeting. We should
know after the next town board meeting is the two-acre zoning goes into effect.
Michael
Kokas, Pleasantvale Road proposing a two-lot subdivision, Lot l - 5.61 acres
and Lot #2 - 7.56 acres in the Roe Jan Corridor. The lots will share a driveway, which has
been approved by the Town Highway Superintendent. Our attorney has reviewed the driveway
agreement but it should go back to our attorney to make sure all changes have
been done. Dan Wheeler has also reviewed
it. Mr. Kokas received approval for a shared driveway but also has approval for
Lot #2 driveway if needed. There is 450
feet of stream frontage and five acres as required in the Roe Jan Corridor. Mr.
Kokas has completed the application, Short form SEQRA, Board of Health
approval, deeds,
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5 PLANNING BOARD MEETING MARCH 14, 2007
driveway
permits. The surveyor just put in last
two pins yesterday. A public hearing
will be scheduled for next month. Mr. Kokas must send certified letters to
adjoining landowners and Agricultural Data Statement will be sent to Alfred
Jantzen and Larry Saulpaugh.
Ken
Casamento and Rodney Morrison discussed site walk on March 10th by Planning
Board on the Mountain View Farms subdivision proposal on Route 6. Mandy is
recusing himself from this discussion. The group has come up with alternate
cul-de-sac plans by shortening the length of cul-de-sac by about 300 feet.
Creates a massive amount of road, but fewer driveways. The idea of a boulevard was discussed, which
would consist of two-12 foot lanes with 6 feet in the middle. It is better to
build this now because it eliminates three legal agreements that they would
have to get with the other plan.
Dan
Wheeler feels that boulevards do not have a good success record, maintenance is
a problem. Need to bring the Highway
Superintendent into this plan, reminding the board that there are two people
who accept a road; the Town Board and Highway Superintendent. Might do better to use wider shoulders on the
road.
Mandy
Fuchs is back on the board. On the south
side of Route 6 the applicants are showing a right of way from the cul-de-sac,
which might connect to a larger network. Applicants might like to assign the
5.6-acre parcel to the town but this would have to go in front of the Town
Board. At some point would like to have preliminary approval.
Columbia
County Planning - Training 4/23 in Greene County, Columbia Co. 4/26/07, 5:00 to
6:30 at Columbia County Soil and Water on Route 66 on Land Use Tools for
Creating Affordable Housing. Ask town
attorney about what happens to trail lands if the owner stops paying taxes.
A
motion was made by Dianne O'Neal, seconded by Garret O'Connor to adjourn at
11:30 P.M.
Respectfully
submitted,
Mary
Helen Shannon
Secretary