Minutes

Eden Planning Board

August 28, 2007

 

FINAL

 

MEMBERS PRESENT:                                                       MEMBERS ABSENT:

 

Mark Agle                                                                                Kevin O’Gorman, Excused

Dennis Brawdy                                                             Juanita Majewski                              

William Zittel

Anthony Weiss

Andrew Romanowski

William Mahoney (Alt)

Frank Meyer, (Alt)

 

GUESTS:

 

 

Chairman, Mark Agle called the August 28, 2007 Planning Board meeting to order at 7:30 p.m.

 

Does everyone have a copy of the minutes of the July31, 2007 meeting?  Okay then, the minutes are approved as submitted and printed, so moved by Dennis Brawdy, seconded by Andrew Romanowski.  Being no discussion, all “Ayes” motion carried.

 

NEW & UNFINISHED BUSINESS:

 

Dave Clemens is before us to submit the documents requested of him at the June, 2007 Planning Board meeting.  As well as to make his presentation to the public to satisfy the requirements for the Public Hearing portion of the Woodside Subdivision Sketch Plat approval process as to the Woodside subdivision.  Mr. Clemens has not yet brought his application or a new sketch plat, but Dawn has confirmed that he paid the required development fee of $700.00 per lot and the applicable hearing fees.  Ok, that being said we can wait for the parties to arrive for the public hearing.

 

7:45 pm                                   ***PUBLIC HEARING***

 

The purpose of this public hearing is to take public input and comments on this proposed subdivision.  The project proposal consists of approximately 11 acres of land comprised of two separate parcels both owned by Dave and Jane Clemens.  They are two separate contiguous tax parcels.  The easterly 2/3 of the 11 acres was already configured under a map cover filed with the Erie County Clerk under Map Cover 2189 while the westerly 1/3 is a separate parcel of about 4 ½ acres.  It should be noted that the total number of lots proposed are the number the applicant could get by right under the town’s current zoning.  There are 6 lots already configured under that previously mentioned Map Cover which could be sold as lots today.  The remaining 1/3 of the acreage, under the Town’s minor subdivision regulations, could be divided into 3 additional lots.  Therefore the applicant could have a total of 9 lots to sell today.  However, since the applicant wants to reconfigure some of the lots in the original subdivision which would overlap into the un-subdivided property, the Planning Board felt that this proposal was best viewed as a comprehensive plan for the entire 11 acre parcel rather than as 2 separate projects.  Under the Town’s Code, any subdivision greater than 3 lots falls under the definition of major subdivision and therefore requires a public hearing as part of that process.

 

Mark - This is the map of the proposal and everyone can take a look at it.  Dave, if you have anything you would like to add at this time, please proceed?

 

Dave Clemens – I don’t have anything to add other than that the lots will be a bit larger than the minimum zoning requirement which is 25,000 square feet with at least 100’ of frontage.  All lots will be in excess of that.  I did send a note out to everyone along with the mandatory notice saying that we would not do anything to jeopardize the property values of the area because our house is clearly the largest lot and we certainly would not want to diminish the value of our home because that will be a major part of our anticipated retirement.

 

Mark – Before we begin I would like to review the format for this hearing.  It is not a debate but rather an opportunity for the public to have input and voice concerns and opinions about the project and raise any issues that you think the Planning Board should be aware of in our consideration of this proposal.  So at this time if any one would like to comment on this project and speak either for or against the project, please step forward, clearly state your name and address for the record and we will take that input at this time.  So at this time I declare the public comment portion of the hearing open and will now accept all public input:

 

PUBLIC COMMENTS:

 

Bill Fleming – 8895 Woodside – I am just curious about the water pressure which is not all that good at this time.  Is there any consideration in adding more homes to increase water pressure and make any other improvements to the water lines or pressure.

 

Mark Agle – As far as the water goes, Erie County Water Authority is responsible for  determining that capacity.  Since each lot will be developed by the individual purchaser the purchaser will have to apply to the Water Authority to tap into the existing water line.  So if the water authority finds low water pressure I am sure they will address that issue should it arise.  That might be something that Mr. Clemens should also look into.  But I can also tell you, and as you’ve probably read, the Town is looking into a major water project coming into town in the not too distant future.

 

Greg Pietsch – 8955 Woodside – My concern is the water as well.

 

Dan Braunscheidle – 2882 Hillview – My question, and I know it is covered by the Town but I want to emphasize it because it is specific to my property in that particularly during heavy rain and snow, the water comes down and there are deep storm ditches across from my property and if these get filled in I am afraid that water is going to come right across into my house.  My house is kind of an upside down house built into the hill.  The bedrooms and family room are downstairs and there was a problem prior to my purchasing the house but I know the Town did some ditch and drainage work to alleviate the issue.  I am just afraid it will be an issue again given the amount of water that could shed across the roadway.  It is pitched in such a way that it rolls in my direction.  That’s my concern and if I want to keep the value of my property, that is a problem.

 

Mark – Again, one of the requirements in the Town Code is that everyone, prior to being issued a building permit, has to submit a drainage plan for the lot showing what they are going to do with drainage.  Not only with the water that they generate off of roofs and downspouts, etc., but also how they are going to divert surface storm water in and around the property.  So that information does have to be submitted and approved by the building department.

 

Paul Pinnizotto - 8945 Woodside – Is there a requirement for square footage on the size of the house?

 

Mark – Yes, the Town Code specifies minimums for each zone, although I do not have the specific square footage amounts for each individual zone in front of me.  However, I do believe it is 1200’ in that zone.

 

Dave Clemens – We already have an agreement in principle but not in writing for someone to purchase the lot on the corner of Wolff and Woodside.  I plan, before signing any Contract for Sale for any of the lots, to review and approve the plans for the house because I am not going to allow a small house to go in because it will diminish the value of my house which is about 5,000 square feet and is probably one of the nicest houses in the area and it would be stupid of me to allow someone to put in a “trailer” or something along that line and I absolutely won’t allow it.

 

Paul Pinnizotto - 8945 Woodside - Is there a range for the price of the lots?

 

Dave Clemens – We have not set the price yet, but we are looking at this long term and are not in a hurry.  We also own two lots on the cul-de-sac, we also own a lot on Hammond that is currently listed for sale at $55,000.00.  We won’t be asking or accepting less for the lots on Woodside or Hillview.  I think those lots are far more valuable than the lot on Hammond.  People have been approaching us over the years to buy any one of these lots and generally when I tell them the asking price they go away.

 

Paul Pinnizotto - 8945 Woodside - Are the lots on the cul-de-sac currently for sale?

 

Dave Clemens - Yes, but not officially.  They are not part of this subdivision, but they are for sale. 

 

Mark - If no one has any other comments, I will declare the public hearing portion of this meeting closed and thank everyone for coming.  If anyone would like to stay to listen to our discussion you may do so.

 

8:00 pm                                   ***Public Hearing Closed***

 

Okay – Dave, since we did not have all of your paperwork before tonight, we have to table any action on the project for another meeting.  These documents will become part of the record for the engineers and they will review them in conjunction with your SEQR form to make sure that nothing raised tonight is in conflict or refutes anything presented in the documents.   Okay and we have your application and this is your preliminary plan that you submitted tonight.  This map will have to be filed with the Clerk’s office to supercede the exiting Map Cover and therefore you will need to make sure it complies with the recording requirements of the County.  The engineers [Wendel] will notify and obtain letters from the Water Authority, Health Department, and any other required agencies if necessary.  Dana [Wendel] can then advise us on whether you are ready to go and be back here on September 25^thour action on this matter.  Does anyone have any other comments?  If not we will table this for another meeting.

 

Being nothing else, I make a motion to adjourn.  So moved by William Zittel.  Seconded by Dennis Brawdy.  All “Ayes” motion carried.  Meeting adjourned at 8:05 p.m.

 

The next meeting is tentatively scheduled for September 25, 2007

 

Respectfully submitted,

 

 

 

Dawn Palma

September 7, 2007