*****DRAFT*****
PUBLIC HEARING UPON
THE SUBDIVISION APPLICATION OF REPUBLIC LAKE JOSEPH
TOWN OF FORESTBURGH, SULLIVAN COUNTY, NEW YORK
April 23, 2013
Supervisor Sipos called the public hearing to order at 7:00 p.m.
Roll Call: Present – William B. Sipos, Supervisor
Eugene D. Raponi, Councilman
John W. Galligan, Councilman
Michael Creegan, Councilman
Absent – Susan Parks Landis, Councilwoman
Recording
Secretary – Joanne K. Nagoda, Town Clerk
Others
Present – David Bavoso, Attorney for the Town
Tim Gottlieb, Town Engineer
Town Clerk, Joanne Nagoda read the notice of public hearing.
Glenn Smith, P.E., representing Republic Lake Joseph submitted all receipts for certified/return receipt mailings to adjacent property owners. He then gave a brief overview of the proposed subdivision. Republic Lake Joseph owns property around Lake Joseph. They have an 18 acre parcel on Lake Joseph Road that is essentially a two lot subdivision. Lot 6-2-36.7 showing a proposed house is an existing lot, which on the filed map was an approved lot back in the 1980’s, which is 1.5 acres - the intent is to take some land from the 18 acre lot and add it to that lot to make a total lot size of 2.61 acres. There is also another existing lot on the original map, 6-2-6.34, which is now 1.6 acres, again take some land from the remaining 18 acres and increase that lot size to 5.7 acres. That leaves about twelve and a half acres left over, which we are cutting in two to create two lots of 6 plus acres each. Essentially we are increasing the size of two existing lots and creating two lots from one lot. So you are getting one additional lot out of the whole mix. This parcel is in the PUD that was created by the Town Board in the early 1980’s and the PUD requires all lots to be tied to the central water and sewer system. There is an eight inch sewer main that runs down Lake Joseph Drive, there is also an eight inch water main that runs down the same way. What is shown here is basically a four inch service lateral from all four houses to the main and also water lines from the main also. The health department originally approved this system and they are responsible for overseeing them. I went through their files in the Monticello office and made a submittal to the health department, basically asking for their approval to tie into the water line. And also because the health department approved the water system in the 1980’s – Glen Illing up there thought they should also approve this modification even though these lots are bigger than five acres. He just wants to be aware of it as a formality. I had discussions with John Sansalone at the DEC several times on this and made a submittal to him also letting him know we are planning on tying in on the water and sewer lines – I am hoping to get something back from him in the near future, approving that. One discussion with John Sansalone, back in 1983 he approved the initial phase 1A which was 46 lots and since then they approved some additional ones, so there is like, 49 or 50 DEC approved lots. There are about 35 lots in Forestburgh and 13 in Thompson – there are about 48- 50 lots that were approved and filed with the County Clerk and that is what’s there now. This parcel that we are subdividing is not part of the original filed map. That is why we have to get John Sansalone’s blessing on this – whatever the board wants to do, we can make it a condition that we get a letter from the DEC. It is pretty straight forward.
Councilman Galligan abstains from all discussion and vote on this matter as he does work for Republic Lake Joseph in the Town of Thompson.
There were no comments from the public, either in favor or against this proposal.
Mr. Smith continued that he has a letter from the Lake Joseph Homeowners Association, which he submitted to the board, and was read by Clerk Nagoda. Stating that the Lake Joseph HOA board is fully aware and supports the subdivision application of Republic Lake Joseph of 6-2-36.39 proposed by Republic Lake Joseph, of the four lots, two of them 6.-2-.36.4 and 6-2-36.37 are lot improvements and part of the original PUD with sewer rights. The two newer lots broken out of the parcel 6-2-36.39 will have sewer rights transferred from parcel 6-2-36.58 which has been conveyed to the HOA and the small lot of parcel 6-2-36.39 on the east side of Lake Joseph Drive, which will also be conveyed to the HOA. Both of these lots have never been built on and the water and sewer rights are transferrable. Sincerely, T.J. Chin, Lake Joseph Board Member.
Supervisor Sipos stated that he has one question that may or may not have bearing on this, the PUD was dissolved – Supervisor Sipos was corrected that only a 21 acre portion of the PUD was dissolved and that it was not this piece. Discussion was held to clarify the parcel that was removed from the PUD and that it has no effect or impact on this parcel and subdivision.
Engineer Gottlieb stated that the lot that is across the street that is being given to the HOA, I just want to confirm that it will be combined with the existing HOA parcel. Mr. Smith replied that he assumed it would be. Mr. Gottlieb stated that would remove any doubt that it is buildable. Discussion was held over a parcel that had previously been a building lot that was given to the HOA – so the water and sewer rights are basically a wash since their rights can be transferred to the new parcels being created.
Mr. Smith continued that the road that goes up to 6-2-36.37 that is on HOA property – it is a macadam road and it’s not in bad shape, it could use some upgrading – the note states that the applicant is responsible for bringing it up to town specs. Your highway superintendent is ok with that so that emergency vehicles can use that road, before a CO is issued for that parcel.
Councilman Creegan stated that he doesn’t believe there will be problem with tying into the water and sewer lines, but even if there is, these lots can support water and sewer independently. Mr. Smith stated that as a ditch resort if we couldn’t resolve something with Mr. Sansalone, we could ask to dissolve the PUD for that particular parcel. Then do a septic and a well. Supervisor Sipos stated that is why he brought up the parcel being removed from the PUD. Supervisor Sipos then asked T. J. Chin of Lake Joseph how much use is there currently on the water and sewer systems in Lake Joseph? Mr. Chin replied it is running at about forty percent. Nothing is really being added, it is supporting what was originally designed.
MOTION by Councilman Creegan, seconded by Councilman Raponi to close the public hearing at 7:15 p.m. Vote: 3 ayes – 0 nays. Councilman Galligan abstained.
Respectfully Submitted,
Joanne K. Nagoda,
Town Clerk
*****DRAFT*****
The Town of Forestburgh Town Board held their monthly meeting for planning matters on April 23, 2013 at the Town Hall.
Supervisor Sipos called the meeting to order at 7:16 p.m.
Roll Call: Present – William B. Sipos, Supervisor
Eugene D. Raponi, Councilman
John W. Galligan, Councilman
Michael Creegan, Councilman
Absent – Susan Parks Landis, Councilwoman
Recording
Secretary – Joanne K. Nagoda, Town Clerk
Others
Present – David Bavoso, Attorney for the Town
Tim Gottlieb – Town Engineer
PUBLIC COMMENT – None
UNFINISHED BUSINESS
REPUBLIC LAKE JOSEPH – Supervisor Sipos asked what is the pleasure of the board. Councilman Creegan asked Mr. Smith if he wished to wait to hear from Mr. Sansalone at the DEC. Mr. Smith replied that he is amenable to the board granting approval conditionally with approval from the DEC and the Dept. of Health. Tim Gottlieb asked if Mr. Smith would be submitting a survey map for the project and added at the last meeting he had just received the survey map and the topo from Conrad & Close. Councilman Raponi asked Mr. Smith if Mr. Sansalone had offered any type of a response time. Mr. Smith replied no, but nothing ever comes quickly from their office. I know he is trying to tie up loose ends before he retires – I sent him the plans and I will keep on him about it. The board will wait for the map and see if there is any response from the DEC before any further action is taken. In the meantime, Engineer Gottlieb will submit the 239 application with the county. Matter tabled.
ZONING REVIEW – Supervisor Sipos stated that in our hands you have the somewhat revised zoning regulation that we had worked on for quite awhile. Please review these revisions, comment and return to Chuck as soon as possible. Councilman Raponi stated that he has reviewed it and the one thing that sticks with him, is to define “fence” – we did a local law – use the definition. Attorney Bavoso stated we have a entire chapter dedicated to it in the code, I don’t know if you want it in the zoning as well. If you put it in the zoning, you could then repeal it in the code book so they are not conflicting. Supervisor Sipos stated just put it in the definitions so it coincides with text and there is no question. We will reschedule Chuck Voss for the meeting on May 28, 2013 – send any revisions/comments to him before then. Engineer Gottlieb stated that the only change he was discussing with Mr. Voss was with regard to flag lots, we have a minimum width we need a definition so that it is not left up to interpretation.
ETHELBERT B. CRAWFORD LIBRARY – Attorney Bavoso stated that we have received the final authorization from the library, which is the result of a bond referendum which was passed by the voters. Basically part of the bond provisions is that the tax monies collected by the Town of Forestburgh will now be sent to the dormitory authority for disbursement instead of directly to the library. They have prepared an agreement and we have reviewed the agreement it basically just assigns the collected funds to the dormitory authority instead of the library. They need ten executed signature pages by Friday. MOTION by Councilman Galligan, seconded by Councilman Creegan to authorize the Supervisor to sign the tax pledge collection agreement with the Ethelbert B. Crawford Library. Vote: 3 ayes- 0 nays. Councilman Raponi abstains as his wife is on the library board. Motion carried.
PUBLIC COMMENT –
Jim Steinberg – I have a question about the dog kennel and the astronomical cost to build one – how much does the town get for a dog license and how much does the state get as opposed to the town? Clerk Nagoda responded that we receive all of the dog license money except for one dollar for each license. A license if $5.50 if the dog is spayed/neutered or $13.50 if they are not. Mr. Steinberg asked why the astronomical number to build a kennel for a stray dog. Engineer Gottlieb stated it is about $25,000 or a little more to construct the kennel. He further stated that we came up with the number of five dogs to be housed, the kennel is required to have heat, ventilation, water, septic, individual pens – that is what the code says. That is New York Ag & Markets. Mr. Steinberg asked if it was cheaper to house a dog outside the town in another facility. Clerk Nagoda responded that we can’t find a humane society or kennel that can or is willing to enter into contract to take them. Councilman Creegan stated that is clearly the goal.
EXECUTIVE SESSION –MOTION by Supervisor Sipos, seconded by Councilman Creegan to enter into executive session for personnel and invite Angela Martinek – Ruggeri and David Bavoso into said session. Vote: 4 ayes- 0 nays. Motion carried.
MOTION by Councilman Creegan, seconded by Councilman Raponi to reconvene into regular session. Vote: 4 ayes- 0 nays. Motion carried.
MOTION by Councilman Creegan, seconded by Councilman Galligan to appoint Angela Martinek-Ruggeri as acting assessor at the same salary as the former Assessor, David Griffin. Vote: 4 ayes – 0 nays. Motion carried.
MOTION by Councilman Galligan, seconded by Councilman Creegan to authorize counsel to draft a letter to the DEC regarding Lost Lake. Vote: 4 ayes – 0 nays. Motion carried.
ADJOURNMENT – MOTION by Councilman Creegan to adjourn at 8:23 p.m.
Respectfully submitted,
Joanne K. Nagoda,
Town Clerk
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