FINAL
Minutes of Meeting
May 5th,
2005
Members
Present: Guests:
Mark Agle Scott
Henry, CEO
Gerard Schwab Drew
Reilly, Town Engineer
Bill Zittel Jonathan
& Mike Armstrong
Tony Weiss Don
Schreiber, Jr.
Andy Romanowski, Alt.
Excused: Liasions
Juanita Majewski Edward
Krycia, Jr., Councilman
Dennis Brawdy
Kevin
O’Gorman
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Chairman Agle called the May 5, 2005 Meeting of the Eden Town Planning
Board to order at 7:30 PM. Agle requested
a motion to approve the April , 2005 minutes as written and submitted, so moved
by Jerry Schwab, Bill Zittel seconded, carried all ayes.
NEW &
UNFINISHED BUSINESS:
Don
Schreiber – Request to extend site
plan approval for the Sonnybrook Phase III subdivision. Agle asked if either Schreiber or Reilly had
an update on the Erie County Water Authority’s approval of the extension of the
water line. Reilly’s reply was that at
this time, there is no update. Chairman
Agle motioned to extend the approval for 1 year to expire on April 30, 2006;
Bill Zittel seconded, carried all ayes.
Pre-submission
Conference – Jonathan and Mike Armstrong – Hemlock Road major subdivision, Zoned SR. Agle stated that this area of development
has been under consideration a couple of times. As per your pre-submission form, you have indicated an 8-lot
subdivision. The Armstrongs submitted a
conceptual plan showing 8 road frontage lots (2 acres each), with septic
systems and wells and the lot size would accommodate these utilities. Drew stated that the definition of a major
subdivision by the County of Erie is 5 or more lots under 5 acres in size. Drew stated that this property is in the
sewer district. Due to that, you will need
to request the County (John Finster’s office, Erie County Department of Health)
to approve the utilization of septic systems.
You need to file a report stating that it is not feasible for you to tap
into the sewer system. Andy stated
that his understanding under Major Sub-divisions in Erie County, is if you have
a major subdivision and you don’t have sanitary sewers, and you don’t have
adequate peculation (perc), you then have two options, you have to perc and get
approval; but if the ground does not perc, you have to fulfill all the
requirements of major subdivision in every way, but they will limit the number
of lot sales, allowing 4 houses built, then wait 5 years to reapply. Drew agreed; if you stay under 4 lots, it
will not be considered a major subdivision.
Probably the best plan would be to acquire the 8-lot subdivision
approval from the beginning. Schwab
asked if they intended to build the home or just sell the lots. The Armstrongs replied that they intent to
sell off the lots. The remainder of the
property would be used for personal recreation. Reilly stated that at some future date you may wish to subdivide
even more of that land. A suggestion to
you would be to declare a conservation easement for the wetlands and by doing
so may help you acquire approval from the DEC; and you may also receive a tax
credit for doing so. Agle stated that
in the major subdivision requirements, we have a 2-plan requirement 1 regular
and 1 cluster plan. At this point we
should determine whether or not to waive this requirement due to the
septic/well plan. Juanita is absent; we
know that she will be very concerned about the drainage plans in this
project. Ed Krycia stated that under
the new guidelines, the Conservation Board must be given opportunity to review
and new major subdivision submissions.
Drew stated that as soon as the preliminary plat is submitted, they will
receive a copy for review. Their major
concerns will be drainage, avoiding the wetlands and greenspace. Potentially I see an interceptor swale and
detention basin keeping drainage away from the road. Agle stated that by considering a conservation easement, the plan
would likely be more palatable to the neighborhood as well as the Conservation Board. Drew stated that if you market the lots as a
conservation subdivision, you might find that the lots are more marketable.
Using the checklist for subdivisions from Scott Henry for preliminary
plat. Agle stated that there are no
water line extensions planned at this time.
But when water does extend down to this area, the homeowners will likely
be mandated to tap into the extension.
Agle stated another option would be that if you only have 3 total lots
every 6 years then you will not have to come before the Planning Board again,
you would submit a Minor Subdivision plan.
Check your options carefully.
Gerry asked if they could pre-sell the remainder of the lots; Drew
answered that they could not, the Planning Board would need to approve the
preliminary plat for this layout, and then when they came in with the final
plat, it would consist of only 4 lots (called Phase I), and the remainder of
the lots would not be approved for sale.
Then they could sell them after 5 years. Drew suggested that applicant should explore some creativity in
the design. Work with your architect
and see if you can design something interesting. Ed Krycia stated that if you require a cluster plan, it usually
means smaller lots. Andy stated that
the minimum setback is 40’; maybe set them back a little further due to the
main road and incorporate a row of trees across the front to buffer and create
a screen from the road. Agle stated
that overall, this plan would be better accepted due to the size (number of
lots) of the subdivision and especially the concept of a conservation easement
over the rear portion of the parcel; that would most likely please the Board
and the neighbors by limiting the potential for future subdividing of that rear
portion. Drew stated that looking at
the soils map, the only good soil is along the road that may determine where
the houses need to be placed.
ANNOUNCEMENTS: None.
REPORTS:
VIOLANTI PROJECT: Drew updated on the Board on the meeting of
the DOT and Mr. Violanti. Basically
they did agree that the shared driveway
and an easement parallel to Rt. 62 for future development is a good
idea. Eliminating the 2nd
driveway at Napa was also favorable.
They would like to work with Shurfine to reduce the curb cut and match
the one opposite of Napa. Future
development of Senior Housing could then also have a shared driveway. The State was not in favor the 40’ driveway
that Mr. Violanti proposed. Long term,
the idea to have a driveway across the back of the properties seems like a good
idea. The DOT asked where Violanti’s
discharge basin would be located? He
didn’t realize that he needed one. Drew
stated that Violanti agreed to place the carwash behind the building and that
Drew asked him which of the buildings he intended to raise first, because the
Planning Board would likely require the front buildings be erected before the
carwash was built. In the overlay
district, we are concerned about the aesthetics; therefore the only way he
would get approval for the carwash is to mask it with the front buildings.
MINEKIME PROJECT: Drew brought the design plan for the
Minekime subdivision, just for the Board to get a concept of the design that is
being required by the Board. Dick is
building a driveway near the pump station to bring in his equipment. Both detention ponds are indicated on the
plans. The details we are particularly
reviewing are the drainage and storm sewers.
Bill Zittel asked if he received water commitment from Erie County Water
Authority? Drew answered that he did.
Ed, how did he do that? Drew
replied that the water is already an existing water main there, unlike
Schreiber’s subdivision where the water main has to be extended.
EAST EDEN TAVERN: Ed
Krycia asked if anyone had an update on the East Eden Tavern? Agle replied that the way we left it last
time was that Mark Mohr (reputed owner) had an interested prospect that he and
was going to wait to see if that panned out.
Ed wanted to know if the Board should still look at the mixed-use
changes. Drew handed out a Code from
Clarence that was creatively written to allow for mixed uses and that the Board
should review and discuss it at a later date.
Drew added that Clarence recently put in an overlay district in addition
to the code to allow for architectural design.
HEARING
OF VISITORS:
ADJOURNMENT:
Bill Zittel moved to adjourn, Jerry Schwab seconded,
carried all ayes.
Respectfully
submitted,
Catherine
A. Swiech
