Town of Annsville Planning Board
July 23, 2009 Minutes
Board members present: Colleen Siegel, Ed Sprock, Debra Sprock, Remi Link and Dana Cook. Absent: Adam Harden and Kathy Sweatman
Public in attendance: Jack & Mark Christmas
7:30 PM: Meeting was called to order by Colleen Siegel
•1.) Pledge of Allegiance recited
•2.) Roll call taken
•3.) No minutes to review
•4.) Old Business:
•· Annsville Roth Major Sub-division: The board closed the public hearing based upon the withdrawal of the application from Christmas and Associates letter.
•5.) New Business:
•· Annsville Roth Minor Sub-division: The board reviewed the sketch plan of the proposed sub-division by Christmas and Associates. Mark presented to the board a letter from JD Plumley Land Surveyors explaining the ownership of Sauer Road (abandon town road). Section 205 of the NYS Highway Law recognizes ownership of a Right of Way to the landowners that directly abuts an abandon town road. A list of owners was included in the letter. Mark also presented a letter from Mr. Hawks Esquire agreeing with the determination of the Right of Way on Sauer Rd. Colleen stated that the board did not dispute the Right of Way/access of Sauer Rd. to the original parcel or the other landowners along the road. She did ask the Christmas' to review Article 5. Section #525 on Lot Access in regards to proposed Lot #3. By seeking to sub-divide this property and creating Lot #3, the TOA law states that each lot shall directly abut a public or approved private road meeting the requirements of this law, as required by Town Law section 280-a. Siegel, Sprock and Link interpreted that statement to mean that Sauer Rd. would have to be brought up to the TOA Road Standards in order to meet the approved private road requirement for Lot #3. Christmas' interpretation of this statement is that this does not apply to access to the parcel. They are not responsible to improve roads accessing or leading to the parcel. They are only using an existing abandoned road to access lot #3. The board feels that since the parcel is being sub-divided, it changes the original lot access. The creation of Lot #3 and its access is in question since it can only be accessed from Sauer Rd. The board feels that they need to seek council and gather more information before they can accept the use of Sauer Rd. for Lot#3 without any modifications. Christmas' would need to get permission from each of the landowners that boarder Sauer Rd. before any charge. Siegel will seek clarification from council and report back to the board and Christmas' as soon as she is able. Ed Sprock will do research on access from abandon roads in a subdivision. Mark then asked when the next Town of Annsville Board meeting was and was told the second Tuesday of the month at 7:30PM. He feels that the planning board is being difficult on this project. Siegel encouraged Christmas' to speak to the town board; however, the planning board is following the TOA Subdivision Law, which was approved by the town board. The board then asked Mark for the explanation of Lots #1 & #2 in regards to the restriction of creating lots with more than a 1:5 ratio. He explained that those lots were based upon the average width to length because of the unique layout of the parcel. The board then reviewed lots #1 & #2 with Christmas'. Mark asked the board to waive the public hearing in order to speed up the approval. Siegel stated at this time we could not even consider a procedural waiver because the board has not made a determination on lot#3 and if it conforms to local laws. Mark then asked what the next steps were and pressed again to waive the public hearing. At this time the board feels that they should not rush this process. Siegel, Sprock and Link felt that they should follow the appropriate steps for the application process and it was the board's obligation to make sure a step is not missed. Siegel told the Christmas' that she would get advice on the discrepancy for access on Lot #3 and relay that information back to the board & Christmas'. The next step would be to submit the application to the board at the next scheduled meeting and go through the application/preliminary plat. Siegel asked if they did the long SEQR form and Jack confirmed that they did.
•6.) Old Business:
•· Poverty Flats Sub-division: Colleen presented a recommendation letter from the Department of Transportation. The board reviewed the letter and determined that the recommendations are not applicable because of the pre-existing condition of the site and the compliance to the recommendation; however, she will forward a copy of the letter to Mr. Blake and Mr. Leonard. A discussion of the proposed lot length and size ensued. Colleen will also make a recommendation to increase the lot size along with the DOT letter. The board started to review the SEQR. They will complete it at the next meeting. Colleen will ask Mr. Leonard & Mr. Blake to come to the next planning board meeting.
•· Gateway Polce Sub-division: The next Lee planning board meeting is August 4th. The board is waiting on the SEQR determination from the Town of Lee before we can begin.
•7.) Planning Board Notice: Colleen presented an ad for the paper to remind the Town of Annsville residence that we now have a planning board, and that they will need to submit an application to the board for sub-divisions. She will forward a copy to the town clerk for publication. The board also suggested that a notice go into the town tax bills in January to ensure that the out of town residence are informed of the requirements when wanting to sub-divide. It was brought to Siegel attention that the Ringrose property on Creek Road was recently subdivided without going through the planning board process. Siegel is currently working with all parties to resolve this matter.
•8.) Alternate Board Members: It was suggested that the board broadens the Alternate Board Members' role and voting availability. Colleen sought advice from Phil Street and the PB does have the ability to make that recommendation to the ATB to make an amendment to the resolution in order to have a quorum at the meetings.
•9.) Trainings: Colleen presented to the board the schedule of the upcoming trainings.
Meeting adjourned at 10:15 PM
Next meeting: 7:30 PM August 19th at the Annsville Town Hall
Respectfully Submitted by
R.Link
