Town of Roxbury Planning Board Approved Meeting Minutes – May 20, 2015

Wednesday, May 20, 2015
Roxbury Town Planning Board Meeting

Present: Joe Farleigh, Phil Zorda, Jean Stone, Dave Cowan, Rob Cole, Molly Oliver, of Delaware County  Planning Board, Ed Hinkley as potential new planning board member. Jill Ribich, secretary/alternate.

Absent: David Zambri

Also present: Emily Gray, Andrew McArdle representing the Emily Gray subdivision application.

Public Hearing opened at 7:30PM

Emily Gray subdivision; Tax Map #156.1-8.1—Andrew Gray Road- Lot 2 subdivision.  No public comments were offered.

Kurt Ortner subdivision; Two lots on Hardscrabble Road 133-2-12. No public comments were offered.

Charles Brannen property: Tax Map #91.-1-70.21. Two lot subdivision. No public comments were offered.

Public Hearing closed at 8:00.

Gray Subdivision

Andy McArdle, the purchaser of the 6 acre subdivided lot, presented a Mylar map of the 6 acre lot to be divided from the 42.1 acre Gray parcel. Mr. Farleigh agreed to waive the survey of the entire parcel. A waiver of deep pit and perc test was granted.  Mr. Cowan is familiar with the site.    Motion for waiver Cowan, Cole, all in favor. Application forms and payment of $50 were presented and receipts for mailing notice of public hearing to adjoining properties. Mr. McArdle was asked to present a completed SEQRA form at the next meeting of the Roxbury planning board and was told that the subdivision proposal must be presented to the County planning board because the property is in an agricultural district. Motion to approve the subdivision by Cowan, 2nd Zorda, all in favor.

Orter Subdivision

Rick Brooks, of Brooks and Brooks, representing Kurt Ortner re: Subdivision of Kurt Ortner; Two lots on Hardscrabble Road 133-2-12.  A 258.18 acre lot, which is on both sides of Hard Scrabble Rd. to be divided and is under contract to New York City/DEP. The remaining 15.18 acres with the Ortner home will remain the Ortner’s.  Receipts for mailings of notice of public hearing to neighbors were presented. Completed SEQRA for part one was reviewed.  Parts 2 and 3 completed by the Board.  Mr. Zorda made a motion of Negative Declaration for SEQRA. seconded by Mr. Cole, all in favor. Mr. Zorda moved toj approve the subdivision, seconded by Cole. All in favor.  Application must be presented to the county planning board due to Ag District inclusion.

Brannen Subdivision

Rob Allison, representing the Charles Brannen property: Tax Map #91.-1-70.21.   Mr. Allison presented the receipts for the mailing to adjoiners. The property to be subdivided into two parcels: Parcel A 6.08 acres and Parcel B 21.98 acres.  The 21.98 acre parcel is to be purchased by NYCDEP.  Receipts for mailings to adjoiners were presented.

The board discussed the need for a road access to the Brannen property. The question is whether the lot was a “buildable lots” and if the possibility of road access even exists. The board discussed that the cost of road access was prohibitive. Ms. Oliver read the Regulation provisions allowing a waiver.   The Board agreed that this parcel met a sufficient number of those requirements allowing a waiver. Application must be presented to the County due to its NYS Rt. 30 location.  Mr. Allison presented Sketch Plats on the Brannen property showing the proposed subdivision as well as the completed results of the deep pit and perk tests. The motion to approve was tabled pending the investigation into a waiver of road access.

Ortner Subdivision

A motion to waive the perk and deep pit tests due to the topography and size of the lot was proposed by Dave Cowan, seconded by Jean Stone, all in favor.

Following review of SEQRA form Part 1 and completion of Part 2 and 3 by the Board, a motion for a negative declaration was proposed by Phil Zorda seconded by Rob Cole, all in favor.

Phil Zorda made a motion to approve the Ortner subdivision pending approval by the County planning board because it is located in an agricultural district; second by Mr. Cole, all in favor. A check for $50 was presented, an additional $45 was paid site inspection $25 two lote $20.

Masserson Site Plan Review, Stratton Falls

Mr. Allison presented amended site plans, dated 5-5-2015 for the Roxbury at Stratton Falls. The site plan did receive approval from the Delaware County Planning Board accepted the recommendation of the Roxbury Planning Board. A motion to approve the site plan as amended for the Roxbury at Stratton Falls was proposed by Phil Zorda, second by Jean Stone, all in favor.

Ms. Oliver presented two Land Acquisition notices:

Roxbury #8885, no comments were made.

Roxbury #8831, no comments were made.

A discussion of the need for the Deep Pit, perc test requirement was initiated by the Chairman. NYS DOH has this requirement Statewide for and new construction.  The test is valid for 2 years with a possible extension of 18 months.  Costs are being incurred that are frequently wasted. Most property sales are to NYSDEP which prohibits buildings on their properties.  Mr. Allyson and Brooks both stated that it is common for a new purchaser to site their home at a site requiring a different Deep pit and perc test to determine septic type.  Mr. Brooks indicated his experience in other towns, with the exception of Grahamsville, have no such requirement for subdividing.  Grahamsville requires septic design in addition to Deep pit and perc tests.  Allyson indicated that a nearby town has a lot designation of Recreational.  These lots may not be built upon and are intended for camping, hunting, etc.

Motion to approve the minutes of the April meeting by Phil Zorda, second by Jean Stone, all in favor.

The board agreed to present Mr. Hinkley’s name as a new Board member to the Roxbury Planning Board.

Mr. Zambri told Chairman Farleigh that he will send a letter of resignation due to business reasons.  Prospective new members were discussed. There is a preference for another member from Grand Gorge.

A motion to adjourn was made by Phil Zorda, seconded by Dave Cowan, all approved at 9:30PM