MINUTES
March 3, 2009: Regular Meeting
Town of Hartwick Planning Board
March 3, 2009 Meeting Minutes
Call to order 7 p.m. Pledge of Allegiance
Attendance:
Board Members: G. Horth, F. Thering, T. Schlesier, V. Rozella, A. Thomas, A. Briggs, S. Bush for P. Ingalls (also acting as Secretary).
Others: H. Whipple, L. Kessler, C. Kessler, H. Miller, K. Miller, B. Kolka, Mrs. Kolka, S. Licata, K. Rottingen, C. Zehr, K. Hotaling, S. Chase
Minutes of Last Meeting:
A. Thomas made a motion to approve the minutes with changes. A. Briggs seconded. Motion carried.
Minutes of December's Meeting:
V. Rozella made a motion to approve the minutes with changes. A. Thomas seconded. Motion carried.
Correspondence:
Chair, G. Horth provided Minutes of Otsego IDA May 3, 2007 meeting and related Hartwick Planning Board minutes for discussion of Greystone project.
G. Horth discussed with the board the issue of the Town of Hartwick Planning Board not being considered by IDA as an "involved or interested agency "with the Greystone project on Route 28 under SEQR. Planning Board agreed that a letter of concern should be written to Greystone and IDA letting them know that the Planning Board desires to be an "involved agency" or at the very least "interested agency" in any projects that are located in the Town of Hartwick. The PB feels that by allowing the IDA to take over as lead agency did not give them the right to exclude Hartwick from the entire SEQR process and it was improper to do so.
Public Hearings:
Close Meeting at 7.17 p.m.
Hawthorne Hill Subdivision (Hearing 1)
Open 1st Public Hearing at 7:17p.m. of Hawthorne Hill Subdivision
H. Whipple explained the purchase of approximately 66 acres of land on Route 28 and Route 45. There is a house with 7 acres and then 8 more lots that he is requesting to subdivide with a potential of a house being built on each lot. The Preliminary Plat subdivision map was passed around by public in attendance for their review.
F. Thering asked if this meant 8 different driveways and why can't we have the lots share a driveway.
H. Whipple said it is difficult for potential buyers to get financing with a shared driveway and also pointed out that the 8 potential driveways meet the zoning requirements.
Public Comment:
L. Kessler wanted to make the Board aware of the curve on the top two lots.
K. Miller asked if this subdivision was going to be for commercial use or strictly residential. She can't imagine more driveways on the steep hill on Route 45.
H. Miller wanted to know if there were any zoning laws in the Town of Hartwick.
H. Whipple said there were no zoning laws in Hartwick.
B. Kolka asked if there was going to be one driveway on Rt. 28 and a couple more on Route 45.
H. Whipple explained where the driveways could potentially be.
A. Thomas asked if H. Whipple would only put residential housing in there.
H. Whipple stated he does not want to restrict the property to only residential and noted that there is only one driveway on Rt. 28, which is already there.
A. Thomas asked if H. Whipple saw a possibility that it would only be residential.
H. Whipple said that he doesn't want to restrict commercial that it should be the potential owner's responsibility not his.
V. Rozella stated there is a concern about too many driveways on the hill of Rt. 45, but driveway placement is the responsibility of the Otsego County Highway Dept. on a county road.
C. Kessler is very concerned about 3 or 4 more driveways on the hill.
A. Briggs stated that according to the Otsego County Highway Department you have to have 500 feet sight distance on either side of a driveway.
L. Kessler stated that he was denied from the county putting in a driveway on Rt. 45 because it wasn't down far enough on the hill.
A. Briggs stated, from her site inspection observations, it didn't look like the first lot had enough feet for sight distance going up the hill. There seemed to be enough sight going down the hill.
G. Horth asked if there were any more comments from the public.
C. Kessler just had a concern with commercial property going in the lots for example, trailer parks, chalets, etc.
B. Kolka would like to see houses on the lots - no mobile home parks.
A. Thomas said with our present laws, a potential buyer could put a garbage dump on the lots if they wanted to.
K. Hotaling asked H. Whipple if they were going to be single family dwellings. He did not want to see mobile homes in there or HUD housing.
H. Whipple stated that he has been selling land for 20 years and most people will buy two or more lots for the extra land - he has never seen anyone buy a lot and then put a bunch of houses on it. He also plans to place certain deed restrictions on the subdivision.
G. Horth closed Public Hearing at 7:44 p.m.
Alternate PB Members By-laws (Hearing 2)
Opened Public Hearing on Alternate Planning Board Member By-Laws at 7:44 p.m.
Discussion on the new Alternate Planning Board Member By-Laws. Copies were provided for public review.
Public Comment: K. Hotaling asked about the 5 days.
G. Horth explained that the Planning Board waived the 5 day written notification requirement in the by-laws so the Planning Board could act on the by-laws immediately in the January meeting. Otherwise there would be an additional month delay.
No other comments from public.
Closed Public Hearing at 7:46 p.m.
Public Comment: There being none.
Enforcement Officer Report: The Town Board moved to place an ad place in February - still a vacant position. No candidates known.
Planning Board Intake Clerk/Secretary: An ad was ordered to be placed at last Town Board meeting. G. Horth asked the Planning Board to consider Jane Wood who has expressed desire for the position. The Planning Board members were familiar with Jane Wood and her qualifications. V. Rozella made a motion to request the Town Board to hire Jane Wood. A. Briggs seconded. Vote: all ayes. Letter of request to be sent to the Town Board.
Development Projects:
Agway's store owners Matt and Julie Barns notified the Board that they are not ready to come before the board at this time.
Matt and Julie Barnes to be put on the agenda for the next Planning Board Meeting.
Real Property Changes:
Jurisdictional Determination:
C. Zehr came before the Board to remove a property line, to create one lot from two. The
Planning Board felt the real property change, the removal of a property line, was not even a boundary line adjustment and exempt from review or application.
The Planning Board has no interest in the removal of a property line.
S. Licata, Simple Split: Mr. Licata came before the Board to request a simple split of his property on Petkewec Road to make a residential lot. V. Rozella made a motion to accept the application to split the property. T. Schlesier seconded. Vote: all Ayes.
Major Subdivision Review:
Hawthorne Hill Subdivision
Helderberg Realty - Henry Whipple
Review of letter from Army Core of Engineers.
A. Briggs, on behalf of the Planning Board, conducted a site inspection. A. Briggs provided the board with her observations and pictures. The sight pictures were passed around to board members. She used a measure wheel to determine lot layout and potential drive way sight distance, as the snow made marker flags difficult to observe.
A. Briggs is concerned about Lot #4 and if there is enough room on either side of the creek for a driveway. H. Whipple feels there is enough room. H. Whipple stated that he is putting a restriction of no mobile homes on the lots and no structures that are less than 1000 square feet.
H. Whipple is willing to write the County Highway Dept. to request that they review the tentative driveways and give an opinion on such review - he will let the Planning Board know of the outcome.
The SEQR (State Environmental Quality Review) Long Form and survey map was reviewed. V. Rozella made a motion to make the SEQR a negative declaration. T. Schlesier seconded.
H. Whipple requested waivers subdivision law requirements for: Topographic contours not more than 5 feet intervals, no removal of trees 8" or more at 3 feet above base, and a school bus pick-up area. A. Thomas made a motion to waive all three. T. Schlesier seconded. Vote; All ayes.
V. Rozella made a motion to waive the perk test in lieu of soil data that the Planning Board already has on file. G. Horth seconded. Vote; All ayes.
In according with Article 4.1 final plat design standards, the Planning Board asked that
HELDERBERG Realty's "Covenants & Restrictions" (1 to 8) be placed on Final Plat Survey Map as well as deed.
1. Mobile homes: No mobile dwelling, mobile home or trailer, single-wide or doublewide, shall be placed upon the premises or used. Occupied or inhabited for any purpose.
2. Building size: No dwelling house shall be constructed on said premises having less than one thousand (1,000) square feet of living space exclusive of basement, any attached or integrated garage and open porches.
3. Roof pitch: No dwelling house shall be constructed having a roof pitch of less than five (5) inches of rise for twelve (12) inches of run.
4. Field maintenance: All open fields must be mowed not less than once annually in either of the month of June, July or August except so much of such fields as are used for the production of annual crops.
5. Temporary structures: No temporary or unfinished building or structure shall be inhabited or occupied for any purpose.
6. Junk vehicles: No part of any lot, tract or parcel of land shall be used for the storage of any unregistered truck or automobile or any vehicle not in running condition, or for the repairing, dismantling or salvaging of any such vehicle, unless such vehicle is kept in a garage fully enclosed.
7. Timber removal: clear-cutting of timber is prohibited except to the extent necessary to allow for the construction and use of a single family dwelling and appurtenant garage or utility structure, driveway and septic system and the removal of dead or diseased organic material.
Planning Board voted for a second Public Hearing to be on April 7th as per Sect. 3.3h of Subdivision law. Vote: all Ayes
Helderberg Realty to be put on the agenda for the next Planning Board Meeting. A final Public Hearing will be conducted if proper notification time is possible. Final Plat is expected to be available for PB Public review at that time.
Public Comment:
Regulation Revision Work:
Noise Ordinance Law:
Review of Noise Ordinance Law as presented. A. Thomas made a motion to send the Noise Ordinance Law to the Town Board as amended. V. Rozella seconded. Vote: all Ayes.
V. Rozella made a motion to adjourn. A. Thomas seconded. Vote: all Ayes.
Meeting adjourned at 9:50 p.m.
March Minutes Approved:
V. Rozella made a motion to approve the minutes with no changes. T. Schlesier seconded. All Ayes. Motion carried 4-7-2009
