Mr. Gerber explained the Dam s day to day flow, the large culvert system, the water level of the Pond and the DEC regulations.

Transcription

1 TOWN OF MANLIUS PLANNING BOARD MINUTES JULY 28, 2008 APPROVED The Town of Manlius Planning Board met in the Town Hall at 7:00 pm with Chairman Fred L. Gilbert presiding and the following Members were present: Susan Moliski, Thomas Byrnes, Richard Rossetti, Lester McDermott and Ann Kelly. Also present were Attorney Timothy Frateschi and Douglas Miller Town Engineer. Not in Attendance: Member Willard Ketchum. Also Present: Robert Gallucci, Doug Gerber, Attorney Paul Sharlow, John Dunkle, David A. Vredenburgh, Ed & Edie Shillitoe, Benita Rogers, Ellen & Mike McGrew, Sharon Lindberg, Barbara S. Rivette, Paul Zajaceskowski, Linda Greytak, Susan & Ron Carroll, Crystal & Roderick Etzel, Andrea Goodwater, Lynda Kreitzer, Beth Powell Graham Ritchie and Thomas Bassett. Minutes: Member Rossetti made a motion, seconded by Member McDermott and carried unanimously to table the Minutes of July 14, 2008 until the next Planning Board Meeting. Snook s Pond Develop., LLC, 7348 Highbridge Rd., Manlius, NY Public Hearing-Excavation, Grading, Filling Permit Tax Map # Bob Gallucci, Doug Gerber and Attorney Paul Sharlow were present to represent the applicant. They gave an overview presentation of their proposal to re-grade 7.5 acres of land and excavate 2.2 acres from Snook s Pond, with the distribution of the material on site and submitted an Area of Disturbance drawing. Mr. Gallucci stated that there will be no change in the Dam flows. They will be reducing the volume of the flow and improving the quality of the water by dredging the Pond. Mr. Gerber explained the Dam s day to day flow, the large culvert system, the water level of the Pond and the DEC regulations. Mr. Gerber stated that easements for temporary construction, permanent emergency access and flow have been prepared. It was noted for the record that in reference to the Area of Disturbance drawing presented tonight, the Board was not making any decisions on the single family home, dam, entrances, the water quality pond or emergency outfall, just the excavation and grading. Town Engineer Douglas Miller stated that he had reviewed the Stormwater Pollution & Prevention Plan, had met with the applicant s Engineer and is prepared to send a Notice of Intent to the DEC and the Town would be doing inspections of the site.

2 Town of Manlius Planning Board Minutes Page 2 Mr. Gallucci stated that they will be doing weekly inspections and that those reports will be sent to the Town. Member Kelly made a motion, seconded by Member McDermott to refer the Snook s Pond Develop., LLC application to the Town of Manlius Environmental Council. Members Kelly and McDermott; Aye. Chairman Gilbert, Members Rossetti, Moliski and Byrnes; Nay. Motion Failed. Member Rossetti made a motion, seconded by Member Moliski and carried unanimously to waive the reading of the Legal Notice regarding the Public Hearing that was published in the Eagle Bulletin on July 23, to open the Public Hearing. Sharon Lindberg, 4706 Limberlost Lane-Was very concerned about the water and the Town s job of protecting it and stormwater management. She welcomed the Congels in joining the community and she appreciates the community around the Pond working together making it the best project that it can be because it is a new project and she s for it. She hopes that when the project is finished that it will be left in a natural state and that the animals are taken into consideration. Member Kelly made a motion, seconded by Member Rossetti and carried unanimously to close the Public Hearing. The Onondaga County Planning Board Resolution dated July 22, 2008 was read and entered into the file: NOW THEREFORE BE IT RSOLVED, that the Onondaga County Planning Board recommends the following Modifications to the proposed action prior to local Board approval of the proposed action: 1. Both state and federal wetland boundaries and the state 100-foot wetland buffer shall be delineated on the plan. 2. The applicant must provide an engineering study to verify to the Onon. Co. DOT that the proposed development would not create additional stormwater runoff into the county s drainage system. If additional runoff is created, the applicant shall be required to submit a mitigation plan to the Onon. Co. DOT for approval and implement any mitigation required. The Board offers the following comment:

3 Town of Manlius Planning Board Minutes Page 3 Should any development occur on the property in the future, the existing driveway on Route 92 must be closed and all access to the site shall be from Highbridge Street, as per the NYSDOT. 1. Applicant-Wetlands will be delineated on the plan. 2. Applicant-Stormwater Prevention Plan has been submitted. It will not increase the rate of runoff into the County s Drainage System. Comment-The Board doesn t have to take any action on this comment. SEQR The Planning & Development Staff and the Board Members reviewed the Environmental Assessment Form. Based on the application and the information provided by the applicant it was determined that the applicant is only disturbing 7.5 acres of land and 2.2 acres of Pond for a Single Family Dwelling, total parcel is 24 acres, the Town Engineer was in agreement with the Stormwater Plan that was presented, traffic will not be an issue, any drainage issues can be mitigated in reference to the excavating and grading of the soil, and it will not affect the health, safety, or the general welfare of the public, and it will have very little impact on the environment or the character of the neighborhood. All other Permits from the DEC and Army Corp. of Engineers are in hand. Based on the foregoing analysis and the Board s knowledge of the site, Member Kelly made a motion, seconded by Member Rossetti and carried unanimously to issue a Negative Declaration under SEQRA. A discussion ensued in reference to site inspections by the Planning & Development Dept. Mr. Miller stated the applicant will submit weekly site inspection reports, which by regulations they are responsible for and required to do. The Town will review those reports on a weekly basis and make site visits as needed. The Board desires that the Town do a weekly inspection of the reports and possibly conduct on site inspections, weekly or every 2 weeks or on a regular basis. It was noted for the record that the applicant has deposited money in escrow with the Town for this project. Member Kelly made a motion, seconded by Member Byrnes and carried unanimously to approve the Snook s Pond Develop., LLC Excavation & Grading Permit, 7.5 acres of land and 2.2 acres of Pond as submitted. Snook s Pond Homeowners Assoc., 7289 Wakefield Dr., Fayetteville, NY Public Hearing-Excavation Permit-Dredging-Snook s Pond

4 Town of Manlius Planning Board Minutes Page 4 Edward Shillitoe, on behalf of the Snook s Pond Homeowners Assoc. gave an overview of the proposed excavation of the Pond project and a slide presentation. He submitted a letter signed by a majority of homeowners that have agreed to this project. He stated that the 2 or 3 homeowners that didn t sign don t object to the project, they aren t interested in helping with the cost. After a Board discussion it was decided that a written easement from all of the homeowners would be required since their properties go to the center of the Pond. Mr. Shillitoe stated that they have not received any permits from the DEC or the Army Corp. of Engineers. A written easement in reference to removing the soil via Snook s Pond Develop., LLC property would be needed. Dr. Lynda Kreitzer of 7283 Wakefield Drive stated that she had spoken with Mr. Congel directly and he agreed to allow access providing it doesn t impede on his plans and work status. to waive the reading of the Legal Notice for a Public Hearing that was published in the Eagle Bulletin on July 23, to open the Public Hearing. Sharon Lindberg, 4706 Limberlost Lane-Felt that this is a good project. Member Kelly made a motion, seconded by Member Byrnes and carried unanimously to close the Public Hearing. Attorney Frateschi asked Mr. Shillitoe if it was the intent to remove all the soils from the property and if so where would they be bringing the soils to? Mr. Shillitoe responded that yes it is their intent to remove all of the soils, which have been tested and found to have no contaminants; to Limestone Quarry to be used for reclamation and that the DEC has approved it. SEQR The Planning & Development Staff and the Board reviewed the Environmental Assessment Form. Based on the application and the information provided by the applicant it was determined that drainage and traffic will not be an issue, testimony by the applicant that the soil has been tested by the DEC and there is no contaminants and can

5 Town of Manlius Planning Board Minutes Page 5 be safely removed from the property and brought to a Quarry for reclamation, it will not affect the health, safety, or the general welfare of the public, and it will have very little impact on the environment or the character of the neighborhood. Based on the foregoing analysis and the Board s knowledge of the site, Member Kelly made a motion, seconded by Member Rossetti and carried unanimously to issue a Negative Declaration under SEQRA. Chairman Gilbert asked Mr. Shillitoe if there was any study done in reference to endangered species? Mr. Shillitoe responded that the DEC Biologist has been on site and in reference to endangered species has no objections or problems. to approve the Snook s Pond Homeowners Assoc. Excavation Permit with the following conditions: 1. Written Easement Agreement from all of the homeowners that own land in Snook s Pond that the soils can be taken from their land 2. Written Easement from the Snook s Pond Develop., LLC to remove the soils/materials via their property 3. The soils/materials are to be removed from the site 4. DEC and Army Corp. of Engineers Permits must be obtained to proceed Eldan Homes, Ring-Necked Path & Gadwall Lane, Manlius, NY Phase 2, Section 17B-Mallards Landing-Cont. Amended Final Map John Dunkle of Dunn & Sgromo Engineers, representing the applicant submitted a Subdivision Map Phase 2, Section 17B Amended by D.W. Hannig L.S., P.C. dated September 21, 2007, revised July 17, 2008, Project #J82841 showing the adjustment of more space of 401 and 402 and a Community Landscaping Plan, L-1 as requested by members of the Board and citizens at the Public Hearing. Member McDermott made a motion, seconded by Member Rossetti and carried unanimously to approve the Final Subdivision Map Phase 2 Section 17B as Amended and prepared by D.W. Hannig L.S., P.C. dated September 21, 2007, revised July 17, 2008, Project #J82841 and authorize the Chairman to sign Final Map. Jerry & Mary DeForge, Gulf Road, Chittenango, NY Sketch Plan 5 Lot Subdivision Tax Map #

6 Town of Manlius Planning Board Minutes Page 6 David Vredenburgh, representing the applicant a 5 Lot Subdivision Map dated April 8, 2008 by David A. Vredenburgh L.L.S. consisting of: Lot # Tax Map # Acres Frontage A B * *Per the Surveyor and the Board Lot 4 was marked as Tax Parcel # in error and is to be placed on the correct Tax Parcel # It was noted for the record that this application has been referred to the Onondaga County Planning Board. Per Chp (1) R-A Zoning of the Town of Manlius Code 200 feet of Frontage is required, which these 5 Lots do not have, would need Area Variances for Frontage from the Town of Manlius Zoning Board of Appeals. It was noted for the record that if the applicant was willing to build the Private Road, that is shown on the Map, to Town Specs frontage would not be an issue. Member Kelly made a motion, seconded by Member Rossetti and carried unanimously for a Negative Recommendation (Recommendation against granting the Variances) to the Town of Manlius Zoning Board of Appeals for 5 Area Variances for Lot Frontage, Lots 1, 2-A, 2-B, 3 and 4 for Jerry & Mary DeForge (DeForge Subdivision), Gulf Road, Chittenango, NY The Planning Board does not believe the frontage as proposed would provide proper access to the 5 Lots. Five new curb cuts in such a short distance does not make sense. The Planning Board felt it would be better planning to build a road to Town Specifications in the easement set forth on the Subdivision Map. Attorney Frateschi stated that even if the ZBA grants the Area Variances for Frontage, he would have to research if the Planning Board could accept them for Subdivision purposes. With there being no other business, Member Rossetti made a motion, seconded by Member McDermott and carried unanimously to adjourn the Meeting at 8:30 pm. Respectfully submitted, Barbara A. Smith, Clerk