Town of Charlton
Planning Board Minutes
And Public Hearing Minutes
784 Charlton Road
Charlton, New York 12019
Minutes of Planning Board Meeting – January 21, 2008
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, Dawn Szurek, William Keniry, Esq., Planning Board Attorney, Susan York, Planning Board clerk and Kimberly Caron, Recording Secretary. Mr. Black asked Mr. Armer to sit in for Mr. Mitchell.
AGENDA MEETING:
Minutes
Mr. Black asked for comments on the draft of the November meeting minutes. Mrs. York previously provided comments via mail. Mrs. Wood provided spelling comments. No other comments were presented.
Public Hearings
Mr. Black stated that there is a Public Hearing on Charlton Fire District.
Charlton Fire District #1/VanGuilder (247-2-14.11)
Mr. Black stated that he has spoken to Mr. Emerich to inform him that the Public Hearing is on the subdivision, not the site plan review although, the purpose is to build a firehouse. Mr. Black stated that he told Mr. Emerich that he may be assessed as a result of the new parcel and the tax burden may change.
Mr. Black stated that for the purposes of the Public Hearing he wants to make sure that people understand that the hearing is on the subdivision of a 5-acre parcel and not the firehouse.
Mr. Black stated that there were no issues with the engineering review.
Mr. Armer inquired if the 5-foot distance from the garage was mentioned at the last meeting.
Mr. Black stated that the Board did not discuss that issue.
The Board looked at the drawing.
Mr. Black stated that according to the zoning regulations for a private garage the front lot line has to be 40 feet and the side lot line has to be 5 feet. Mr. Black stated that this is not an issue.
Mr. Black stated that the application has been forwarded to the County and their only comment pertained to the requirement of the driveway permit.
Mr. Black stated that the Board has everything required. Mr. Black stated that if there are no issues presented at the Public Hearing the Board could move for approval. Mr. Black stated that lead agency was established at the November meeting. Mr. Black stated that the Board requested a change to the drawing to eliminate “to be conveyed to the fire department” which has been done.
Heflin/Durst (255-1-40.1, 41, 43.1, 43.2, 43.3)
Mr. Black stated that he has received a letter from the attorney of record stating that they are at the point of the wetlands delineation and perk tests on each lot and cannot do so until spring.
Schaus/MacQueen (247-2-20.212)
Mr. Black stated that this is a lot line change, so the Board can waive engineering review, fees, and the Public Hearing. Mr. Black stated that there was an issue with the pond setback. Mr. Black stated that the applicants have changed the setback to meet the requirement.
Mr. LaFountain stated that the plan does not show the sideyeard setback.
Mr. Black asked the Board members to look at the drawing. Mr. Black stated that looking at the existing house right in front of the pond, including the pond, the side lot line is marked as 35 feet 6 inches. Mr. Black stated that it is supposed to be 40 feet. Mr. Black stated that the application narrative indicates that a variance and building permit were granted for an addition to the house in September 1992. Mr. Black stated that Mrs. York was asked to look up whether or not she could find that variance for that.
Mrs. York stated that she was unable to find that variance. Mrs. York stated that she has provided a ZBA log sheet for 1992 and there is no mention of Schaus or MacQueen.
Mr. LaFountain took down the tax map number to look in his files.
Mr. Black stated that there is a pre-existing non-conforming condition. Mr. Black stated that there are two potential issues; the side lot line to the house itself and the side lot line to the pond. Mr. Black stated that it does not have anything to do with the new lot line created as part of this lot line adjustment. Mr. Black stated that the subdivision does not impact that as it pre-exists. Mr. Black stated that neither one was granted a variance. Mr. Black stated that the questions is, does the Board proceed and ignore it, as it has nothing to do with this lot line adjustment, or does the Board get it approved first by ZBA and then proceed to make the lot line change.
Mr. Keniry stated that the concern is whether or not the Board’s action will create a non-conforming condition.
Mr. Black stated that it would not create a non-conforming condition.
Mr. Keniry stated that since the Board is not creating a non-conforming condition, the question is how did this become created which is not really germane to this subdivision. Mr. Keniry stated that it is appropriate to inquire about it but he does not know that those conditions preclude the subdivision.
Mr. Black inquired if they do not have any impact on the decision to move forward then is it really worth inquiring about.
Mr. LaFountain brought the Board attention to page 33 of the Zoning Ordinance.
Mr. LaFountain inquired if the approval of this lot would create a non-conforming use approval.
Mr. Keniry stated no, because there is a pre-existing non-conforming condition. Mr. Keniry stated that the Board is not taking any action on the non-conforming condition. Mr. Keniry stated that the Board is not enlarging or extending the non-conforming condition.
Mr. Black stated that at the last meeting the Board referred this applicant to the ZBA. Mr. Black stated that the applicant decided to change the drawing and re-submit the application. Mr. Black stated that this was referred to the County and there was no comment. Mr. Black stated that the Board is in a position to approve this tonight.
Mr. Wilkinson stated that the Right to Farm note is not on the drawing.
Mr. Black stated that the applicant would be asked to add that note to the drawing.
Vincent/VanGuilder(226-1-68.11)
Mr. Black stated that this is a lot line change. Mr. Black stated that this is a large annexation of land, being almost 38 acres. Mr. Black stated that there is over 500 feet of road frontage. Mr. Black stated that the required notes are on the drawing. Mr. Black stated that the DEC wetlands have been indicated.
Mr. Black stated that this application would need to be referred to the County as it is in the AG district and located on a County Road.
Mr. Black stated that the Board could accept this as a complete preliminary application to move forward and act next month.
Mr. Wilkinson stated that the wetlands note is not on the drawing.
Mr. Black stated that the Board would have the applicant add that.
Mr. LaFountain inquired if this was just subdivided last year.
Mr. Black stated that the Board could pull the records and review before next meeting.
Clute/Herrin (236-1-39.112 and 236-1-40.2)
Mr. Black stated that this is a lot line change. Mr. Black stated that this is two independent parcels of land, both belonging to the Clutes. Mr. Black stated that the intent is to merge them to create one lot.
Mr. Black stated that he looked at this application back in December and felt that this is really not a lot line change but a lot line elimination. Mr. Black stated that it is really combining two deeds into one. Mr. Black stated that he provided that information to the Clutes. Mr. Black stated that the lawyer for the Clutes contacted Bob VanVranken, Esq. asking a clarification question. Mr. Black stated that there was a discussion between Mr. VanVranken and Mr. Keniry and it was decided that any change to a lot line needs to go before the Planning Board for approval so that there is control on the property.
Mrs. Wood stated that she is concerned that the mother parcel was never legally subdivided into the two existing parcels back in 1995. Mrs. Wood stated that she pulled the minutes from that year and was unable to find anything pertaining to the subdivision of this land. Mrs. Wood stated that she is concerned that the deeds were filed without Planning Board approval.
Mr. Black inquired if there were two independent deeds.
Mrs. Wood stated that there are two parcels that have no Planning Board approval.
Mr. Black stated that discussions would be deferred to the Business Meeting.
Reports
Mr. Black stated that there would be standard reports.
Mr. Black stated that he has asked Mr. Wilkinson to be the Vice Chair of the Planning Board and Mr. Wilkinson has accepted.
The meeting was closed at 7:40 p.m.
BUSINESS MEETING
Opened at 7:41 p.m. with the Pledge of Allegiance.
Mr. Black stated that Mike Armer would be sitting in for Chris Mitchell.
Minutes
Mrs. Wood made the motion to approve the draft of the November 19, 2007 minutes with changes incorporated. Mr. Kadlecek seconded the motion. All were in favor.
PUBLIC HEARING
Charlton Fire District #1/Van Guilder (247-2-14.11)
Mr. Rabideau appeared on behalf of the Emerichs and the Fire District.
Mr. Black stated that the purpose of this subdivision is to create a 5-acre parcel to become the potential site for the Charlton Fire House. Mr. Black stated that the Public Hearing is not about the Fire House. Mr. Black stated that the Board still needs to conduct a site plan review. Mr. Black reinforced that the action tonight is for creating a 5-acre parcel with no specific future plans, although the use may be for a Fire House. Mr. Black stated that there is nothing before the Board on the Fire House, just the subdivision of a 5-acre parcel.
Mr. Rabideau presented the following plan:
-create a five-acre parcel of land for a potential Fire House across from Peaceable Street;
-five-acre parcel is located on the northwest corner of the Emerich farm;
-there is 305 feet of road frontage;
-in this configuration they know that they can get a septic system in there;
-they have created the easterly line of the parcel approximately through the center of the wetlands and back out into this field.
Mr. Black opened the floor to the public.
Albert LaRue, 621 Charlton Road: I just feel this is a near perfect place because of the availability of the land. I pushed a lot to keep the Fire House on Main Street and Charlton Road because you can run anywhere in the district without stop signs. If we go to any other Roads, we do have safety issues with stopping to go on or off the road. (Inaudible)
Timothy Clark, on behalf of Marian Clark, 683 Charlton Road: The Fire Department sent around a letter saying that they already purchased property and it is like a done deal. I don’t understand how you say that this has nothing to do with a future Fire Department when this is what has been planned all along. So I don’t know why you are saying one thing, then doing another.
Mr. Black stated that in order to build a Fire House in the Town, there needs to be a formal process of a site plan review. Mr. Black stated that in order to do that review, there needs to be plans for the Fire House and how it would be on the property. Mr. Black stated that those plans have not been presented and are not yet on the table.
Timothy Clark: What will they do for water there? Is the Town water going to be going down through there?
Mr. Black stated that there is no plan at this point.
Timothy Clark: Is there good water in that area?
Mr. Black stated that the water district does not extend down Charlton Road that far. Mr. Black stated that he does not know what is planned for the Fire House. Mr. Black stated that there are no plans for the Fire House. Mr. Black stated that nothing has come before this Board.
Timothy Clark: There’s no plans for the Fire House?
Mr. Black stated nothing that has come before this Board. Mr. Black stated that from the Board’s standpoint, Mr. Emerich is subdividing a 5-acre parcel and creating a stand-alone separate parcel of five acres.
Timothy Clark: We don’t have an issue with anybody wanting to build a house. It is a commercial building for the Fire Department next to my mothers that we don’t agree with.
Mr. Black stated that when this is at the point where there are plans for a Fire House, there will be another Public Hearing that will be associated with the plan of the property. Mr. Black stated that at this point in time the plan is to do nothing more than create a 5-acre lot with no specific future use.
Timothy Clark: I would like to see a house there and not a Fire House.
Mr. Black asked Mr. Clark to point to his mother’s property on the map.
Mr. Clark pointed to the southwest corner.
Mr. Black asked for any other comments.
Mr. Black made a motion to close the Public Hearing. Mr. Kadlecek seconded the motion. All were in favor.
Public Hearing closed at 7:56 p.m.
Charlton Fire District #1/Van Guilder (247-2-14.11) Deliberations
Mr. Rabideau approached the Board.
Mr. Black stated that at the last meeting the Board asked Mr. Rabideau to make a change on the drawing. Mr. Black stated that this has been done. Mr. Black stated that engineering review has been done. Mr. Black stated that the engineering review stated that the site statistics incorrectly identify the property as being in the Agricultural Zone, which instead is RA.
Mr. Rabideau stated that it has been changed in their computers but not on the drawing in front of the Board.
Mr. Black stated that this was sent to the County Planning Board for approval. Mr. Black stated that the comment pertained to getting a curb cut permit from the Department of public works. Mr. Black stated that note #5 on the drawing addresses the County’s comment. Mr. Black stated that the appropriate notes for septic, well and Right to Farm are on the drawing.
Mr. Black stated that there are no issues with the creation of a 5-acre lot. Mr. Black stated that the Board is in a position to approve.
The Board reviewed the short form Environmental Assessment Form. A copy of the EAF is annexed hereto as Attachment 1.
Mrs. Wood made the motion that the subdivision be listed as an unlisted action under SEQRA with a negative impact declaration. Mr. Kadlecek seconded the motion. All were in favor.
Mr. Black made the motion to approve the subdivision as Resolution 2008-01 and authorize the chairman to sign the mylars contingent upon the change of “A” to “RA”. Mr. Kadlecek seconded the motion. All were in favor.
Resolution 2008-01 was made .
Heflin/Durst (255-1-40.1,41,43.1,43.2,43.3)
No one representing this matter appeared.
Mr. Black stated that there has been no action.
Schaus/MacQueen (247-2-20.212)
Mr. Schaus appeared before the Board.
Mr. Black stated that at the last meeting the Board referred Mr. Schaus to the ZBA for a potential issue of the setback to the pond. Mr. Black stated that the drawing has been changed so that the line is moved to 50 feet, thus eliminating the need for a variance.
Mr. Black stated that for informational purposes, it has been noted that there are two non-conforming conditions on the lot that belongs to Ms. MacQueen. Mr. Black stated that one non-conforming condition is only having 35 feet to the side lot line from the new addition. Mr. Black stated that the Board has not been able to find any information on ZBA approval for that. Mr. Black stated that the second non-conforming condition pertains to the pond being less that 40 feet to the side lot line. Mr. Black stated that this lot line change has nothing to do with either pre-existing condition.
Mr. Black made the motion to waive engineering review, fees and the Public Hearing in association with this action. Mrs. Wood seconded the motion. All were in favor.
Mr. Black stated that the Board sent this to the County Planning Board for review. Mr. Black stated that their decision was no significant Countywide or inter community impact.
Mr. Black stated that the Board has reviewed the drawing and would like the Right to Farm note added.
Mr. Black stated that the Board is in a position to approve this lot line change.
Mrs. Wood made the motion to designate the Planning Board as lead agency for purposes of SEQRA. Mr. Wilkinson seconded the motion. All were in favor.
The Board reviewed the short form Environmental Assessment form. A copy of the EAF is annexed hereto as Attachment 2.
Mrs. Wood made the motion that the subdivision be listed as an unlisted action under SEQRA with a negative impact declaration. Ms. Szurek seconded the motion. All were in favor.
Mrs. Wood made the motion to approve the lot line change as Resolution 2008-02 and authorize the chairman to sign the mylars contingent upon the Right to Farm note being added to the drawing. Mr. Wilkinson seconded the motion. All were in favor.
Resolution 2008-02 was made .
Mr. Black informed Mr. Schaus of the filing requirements.
Vincent/VanGuilder (226-1-68.11)
Mr. Rabideau appeared before the Board.
Mr. Black stated that the wetlands note needs to be added to the drawing. Mr. Black stated that there is an interest in what happened in the subdivision of last year and the Board needs to do some research to see if there is an impact.
Mr. Black left the meeting at 8:30 p.m. and Vice Chairman Jay Wilkinson took over the meeting.
Mr. Rabideau stated that the last subdivision was two years ago. Mr. Rabideau stated that it was the subdivision of the lot with the house (70 acres) from 94 acres. Mr. Rabideau stated that the lot with the house is Lot 1 and the remaining acreage is Lot 2. Mr. Rabideau stated that the lot line change is to the northerly portion of the remaining 38 acres of Lot 2 to annex it to Dan Smith’s property. Mr. Rabideau stated that Mr. Smith already owns 20 acres and plans to leave it as wild.
Mr. Rabideau provided photographs to give the Board a visual.
Mr. Kadlecek inquired if there was going to be two separate deeds or are they combining the deeds?
Mr. Rabideau stated that it was up to the Board.
Mr. Kadlecek stated that it is the applicant’s choice.
Mr. Rabideau stated that chances are it would be one deed.
Mr. Hodgkins inquired if the wetlands were scanned.
Mr. Rabideau stated that the wetlands were taken off of the wetlands map and they will add the DEC wetland note.
Mr. Wilkinson inquired as to when the last subdivision was.
Mr. Rabideau stated two years ago. Mr. Rabideau stated no it was last year.
Mr. Armer stated that the Board needs to investigate the prior subdivision.
Mrs. Wood made the motion to waive engineering review, fees and the Public Hearing. Mr. Kadlecek seconded the motion.
Roll call vote was taken:
Mr. Hodgkins – aye
Mr. Armer – aye
Ms. Szurek – aye
Mrs. Wood - aye
Mr. Wilkinson – aye
Mr. Kadlecek – aye
Motion carried.
Mrs. Wood made the motion to designate the Planning Board as lead agency status for the purposes of SEQRA. Ms. Szurek seconded the motion. All were in favor.
Mr. Wilkinson made the motion that the subdivision be listed as an unlisted action under SEQRA with a negative impact declaration. Mr. Kadlecek seconded the motion. All were in favor.
The Board reviewed the short form Environmental Assessment form. A copy of the EAF is annexed hereto as Attachment 3.
Mr. Wilkinson stated that the Board should wait for final approval until an investigation of the prior subdivision has been done.
Mrs. York pulled the subdivision map of the prior subdivision of this land.
The Board reviewed the drawings. The Board decided that there was nothing on the drawing that would prohibit this lot line change.
Mrs. Wood made the motion to approve the lot line change as Resolution 2008-03 and authorize the chairman to sign the mylars contingent upon adding the wetlands note. Mr. Kadlecek seconded the motion. All were in favor.
Resolution 2008-03 was made .
Clute/Herrin (236-1-39.112 and 236-1-40.2)
Deb Herrin, Maureen Clute and Lisa and Kevin DaViero appeared before the Board.
Ms. Herrin provided an updated AG data statement.
Ms. Herrin stated that property consists of two parcels that were never combined to make one approved building lot. Ms. Herrin stated that the deeds have already been combined by the attorneys. Ms. Herrin stated that the intent is to remove the line so that the DaViero’s can buy the entire parcel to build a house. Ms. Herrin stated that Mrs. Clute owns the property now. Ms. Herrin stated that they are trying to make a conforming lot out of two non-conforming lots.
Mrs. Clute stated that there are two separate deeds for these parcels.
Mr. Wilkinson stated that the drawing is missing all of the standard notes.
Mrs. York provided a copy of the notes required on the drawing.
Mr. Armer stated that the wetlands map shows wetlands on the property.
Mrs. Clute stated that they are way back there (indicating on drawing).
Mrs. Wood stated that this matter never came before the Board as a subdivision. Mrs. Wood stated that she tried to research the prior subdivision and could not find any information in the notes or the minutes.
The Board looked at the tax maps for the parcels.
Mr. Armer stated that the wetlands map shows wetlands and the Board needs to know where they are.
Mrs. Herrin provided the deeds for both parcels.
Mrs. York copied the deeds for the file.
Mr. Wilkinson stated that the Board needs new drawings with the standard notes and this will need to be sent to the County Planning Board for approval. Mr. Wilkinson stated that the Board could take lead agency.
Mrs. Clute inquired as to what the County was approving.
Mrs. Wood stated the lot line change.
Ms. Herrin inquired if contingent approval was possible.
Mrs. Wood stated that the County has said that contingent approval is not advised and asks that the Planning Board waits for their response before final approval.
Mr. Wilkinson stated that the Board could waive engineering review, fees and the Public Hearing.
Mrs. York will forward this application to the County for review.
Mr. Armer inquired if the wetlands were an issue.
Mr. LaFountain pulled out the map.
Mr. Wilkinson stated that wetlands were not an issue.
Mr. Wilkinson made the motion to waive engineering review, fees and the Public Hearing. Mr. Kadlecek seconded the motion. All were in favor.
Mr. LaFountain inquired if perc tests had been done.
Ms. Herrin responded yes.
Mr. LaFountain inquired if the information was on the drawing.
Mr. Armer responded yes.
Mr. Wilkinson made the motion to declare the Planning Board as lead agency status for purposes of SEQRA and that the subdivision be listed as an unlisted action under SEQRA with a negative impact declaration. Mr. Kadlecek seconded the motion. All were in favor.
Zoning Administrator Report
Mr. LaFountain provided the reports from November 2007 and December 2007 and reviewed it with the Board.
Correspondence
Mr. Wilkinson stated that the annual Planning Board conference is January 30, 2008.
Mrs. Wood stated that there is a Farm Preservation Strategies conference on February 28, 2008. Mrs. Wood stated that registration is $40.00 if paid before February 1, 2008.
Town Board Liaison
Mrs. Verola was not present.
Mrs. Wood made the motion to adjourn the meeting. Ms. Szurek seconded the motion. All were in favor.
The meeting was adjourned at 9:30 p.m.
Respectfully Submitted,
Kimberly A. Caron
Recording Secretary
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