June 18, 1996 Regular Meeting TtTESDAY, JUt~'E 18, 1996 -REGULAR MEETING The Regular Meeting of the Planning Board of the Town of Monroe was called to order at 8:05 P.M., by Chairman Jeffrey Rosenfeld. Present were Members Cohen, Cappola, Cobb and Finnerty. Consultants present Engineer Rothenberg, Planner Dot- son, and Attorneys Donne]]y and Lipman. PUBLIC HEARING - MANDEL, BERNARD This is a public hearing on a two lot subdivision. Appearing on behalf of the applicant were project attorney, Bernard E. Davis, and project engineer, Gerry Zimmerman. The Chairman read the public hearing notice and asked the applicant to briefly describe the project. The Chairman then asked for questions or comments from the public. Mr. John Kosowitz, Catskill Ave., Monroe, New York had several questions: 1. Has concerns about the astetics value of the neighborhood. Right after the last subdivision, the truck showed up, there were piles of dirt everyday; is that the concern of the owner now? 2. Problems with the wells, the levels are bad, but not dry. 3. Sewer System - It goes into a 3 inch pipe, is the existing ad hoc septic system capable of handling it. 4. Roads in the azea are old, narrower than most, and there are hairpin turns. These are his concerns with regard to the proposed increase in homes in the area. Tom Robinson, of Mountain Avenue, Monroe asked: (1) with regard to the wetland problem in the area, "whoever the idiot is who declared this a wetland doesn't know what they are talking about; (2) There is a big problem with water in the area. His well went dry last summer. He would like monitoring of ali the other wells in the azea. Member Finnerty commented this a hearing for one new lot. Mr. Robinson continued that he would just like the wells monitored. Last summer his well went dry. He just paid $2,000 to get his well re-drilled. Member Finnerty commented this is for one house. There is already an approval for one house on the parent lot. Mr. James Vilardi, 13 Mountain Avenue, Monroe commented that he wants to reiterate the same concerns he has already heazd tonight. He lives right next door to Mr. June 18, 1996 Regular Meeting Robinson, and he goes along with everything he has said. It cost him $4,000 to go down. When you start putting houses in, the water level goes down. He had to go down to 300'. Mr. Tim Roper, corner of Catskill and Monroe Avenues, Monroe asked iFthese were single family homes. He is a hydrogeologist. He thinks the water situation needs to be looked at closely. Mr. Lee Podgersky, corner of Mountain and Lakes Avenues, said he wants to know the whole idea of what they are doing there. What are the plans for all the other acres? Mr. Davis responded that "my client has no other acres." He explained the zoning and that this application is only fora 2.38 acres parcel of land. Member Finnerty asked Mr. Davis to explain the whole subdivision, including the previous one. Mr. Davis explained the first subdivision, adding that all the applicant is looking for is one additional lot, so you are going to end up with tour [ots on the entire parcel. Mr. Podgersky asked how many other houses are going to be on the other two lots. Mr. Davis answered that there will be a total of four houses on all the lots. Mr. Davis stated that, as of right now, there are three sewer pernuts that have been issued. The original septic shown on the map will never be used. As soon as this process is completed, then the applicant goes and applies for the other pernut. Mr. John Shea, III, of Monroe, said that he had a question regarding the sewer moratorium and how did this guy get there before them. They have had their application in for years. Member Finnerty responded that "you are in Sewer District No. I; this project is in Moodna. There being no further public comment, a motion to close the public hearing was made by Member Cohen, seconded by Member Finnerty, and passed unanimously with all members voting. ARONSON, JAMES PUBLIC HEARING The next public hearing scheduled was that of James Aronson for a two lot subdivi- sion. The applicant, Mr. James Aronson was present, together with project engineer, Lew Powell. As Attorney Lipman has previously recused on this matter, Alternate Attorney Donnelly appeared for the Boazd. Chairman Rosenfeld commented that, in advance of opening the public hearing, he would like to suggest that, in light of Steve Tarshis' letter, with the approval of our June 18, 1996 Regular Meeting attorney, he would request that this public hearing be held open, so that they may add their own comments. Attorney Donnelly commented that Mr. Tarshis has fully explained his position. He doesn't know what else he could add. He is not trying to cut the man off, but just because he could not be here, that doesn't mean the hearing has to be held open. Chairn~an Rosenfeld asked "do you believe there is enough to leave it open based on this letter?" Mr. Aronson asked if there are any new issues raised in the letter? At 8:26 P.M. Chairman Rosenfeld opened the public hearing, and asked that the application be briefly described for the benefit of the assembled. Mr. Powell explained the project, adding there is a question raised by Mr. Tarshis which he believes has been answered by the Board's attorney. Chairman Rosenfeld asked if we have received any other comments. Attorney Don- nelly commented the issues are the ones raised in Mr. Tarshis' previous correspondences, in which Mr. Tarshis brought to this Board's attention his interpretation that ali of the lots not be smaller than five acres in size. Attorney Donnelly responded to Mr. Tarshis' concerns, after his review of everything and doing legal research, and it is his opinion that we do not have to limit the subdivision to lot no smaller than five acres in size. It appears that, at that time, the applicant intended to pursue a zone change. The applicant did not do that, and no zoning change was made. Mr. Tarshis has now written three letters. He asked that this most recent correspondence be received by you at tonight's meeting. However, it is his opinion that you need not keep the hearing open, but first he thinks we should formally include this letter as part of the record. He doesn't know if we have to read the whole thing to the public. Chairman Rosenfeld asked if there are any issues which ue new. Attorney Donnelly responded no. Chairman Rosenfeld commented that he would like to poll the board relative to closing the public hearing tonight. Member Finnerty ask if this belongs in civil court. Attorney Donnelly commented that Mr. Tarshis wants to bring to your attention what was the intent of the developer back in 1992. He is trying to explain what he thinks you and the developer planned back in 1992. Chairman Rosenfeld commented that he doesn't particularly like the idea of someone asking us to alter our procedures because they are on vacation. We have examined this application, and, personally, he feels there is no reason to keep the public hearing open and keep Mr. Aronson from his plans. He would ask for a vote on this. Mr. Aronson stated that there are several things which Mr. Tazshis has said which are not true. A motion to close the public hearing was made by Member Finnerty. However, there June 18, 1996 Regular Meeting was no second. A motion to hold the public hearing open was made by Member Cappola, seconded by Member Cobb, and passed by a vote of 4/1. Chairman Rosenfeld voted against the motion. Member Cohen commented that, for the record, we have kept the public hearing open. REGULAR MEETING The Chairman opened the Regular Meeting by leading the assembled in the Pledge of Allegiance. The first item called was that of Harriman Business Pazk. I~ t Iu : ~ 1'~►f BTJf. : . This applicant is seeking a six month extension of the preliminary approval for this project. A motion to grant a six month eactension of the preliminary approval granted to this project was made by Member Cohen, seconded by Member Cobb and passed una- nimously with all members voting. FOOTHILLS The secretary announced that she had just received a request from Engineer Rothen- berg for a six month ea~tension of the preliminary approval for this project. There ensued a discussion between the board and legal counsel on this matter, and the fact that the request had just been received. Engineer Rothenberg said that they aze now before the DEC, and although he doesn't know off hand the exact expiration date of the current approval, he wants to make sure there are no lapses. A motion to grant a six month ea-tension of the approval was made by Member Finnerty, seconded by Member Cappola, and passed by a vote of 4/0. Member Cobb abstained. SHEA MEADOWS SUBDIVISION The ne~ct matter scheduled on the agenda was that of Shea Meadows Subdivision. Brian Gibson, project attorney, appearing. The purpose of this appearance is for an e~enison of the conditional final approvat. A motion to grant a six month e~ctension of the conditional final approvai was made by Member Finnerty, seconded by Member Cappola, and passed unanimously with aii members voting.