1 00:00:28,960 --> 00:01:31,870 e e 2 00:01:31,880 --> 00:01:34,200 please stand for the 3 00:01:34,200 --> 00:01:38,119 pledge I pledge to the flag the United 4 00:01:38,119 --> 00:01:40,759 States of America to the Republic for 5 00:01:40,759 --> 00:01:43,759 which it stands one nation under God 6 00:01:43,759 --> 00:01:51,440 indivisible with liberty 7 00:01:51,450 --> 00:01:55,830 [Music] 8 00:01:55,840 --> 00:01:58,280 Justice good evening welcome to the town 9 00:01:58,280 --> 00:02:02,159 of Carmel January 9 2025 planning board 10 00:02:02,159 --> 00:02:05,640 meeting first up on our our agenda is a 11 00:02:05,640 --> 00:02:10,350 public hearing for Old Forge 12 00:02:10,360 --> 00:02:13,720 Estates Mike you had no comments correct 13 00:02:13,720 --> 00:02:16,160 I do not this is on for a public hearing 14 00:02:16,160 --> 00:02:19,080 okay en Rich same here no comments same 15 00:02:19,080 --> 00:02:23,160 here no comments very good thank you so 16 00:02:23,160 --> 00:02:24,440 with that we'll open up to the audience 17 00:02:24,440 --> 00:02:26,640 if anyone wishes to be heard on this 18 00:02:26,640 --> 00:02:28,840 please come up to the mic state your 19 00:02:28,840 --> 00:02:33,550 name 20 00:02:33,560 --> 00:02:35,959 good evening my name is Bruce Schwarz I 21 00:02:35,959 --> 00:02:39,599 live at 28 muscot North my property 22 00:02:39,599 --> 00:02:41,920 backs up against this proposed 23 00:02:41,920 --> 00:02:45,040 subdivision um I've lived there since 24 00:02:45,040 --> 00:02:49,159 1981 and I'm here to request that no 25 00:02:49,159 --> 00:02:53,200 other approval be granted at this time 26 00:02:53,200 --> 00:02:55,200 um the developer and the engineer is 27 00:02:55,200 --> 00:02:57,040 aware that there's an adverse possession 28 00:02:57,040 --> 00:02:58,800 situation here involving the prop my 29 00:02:58,800 --> 00:03:00,640 property line and there 30 00:03:00,640 --> 00:03:03,720 and they haven't really come forward and 31 00:03:03,720 --> 00:03:05,840 tried to resolve it with me last time I 32 00:03:05,840 --> 00:03:08,319 heard from 33 00:03:08,319 --> 00:03:09,920 them 34 00:03:09,920 --> 00:03:12,799 was August of 35 00:03:12,799 --> 00:03:14,640 21 36 00:03:14,640 --> 00:03:17,319 um and I just I don't want to see this 37 00:03:17,319 --> 00:03:19,599 get approved until this property line 38 00:03:19,599 --> 00:03:21,400 issue gets resolved when you say that 39 00:03:21,400 --> 00:03:24,040 there's an adverse Poss apologize I 40 00:03:24,040 --> 00:03:26,480 can't see I got a large man in front of 41 00:03:26,480 --> 00:03:29,000 me when you say that there's an adverse 42 00:03:29,000 --> 00:03:32,280 possession CLA is there been a uh a 43 00:03:32,280 --> 00:03:35,920 filing in Supreme Court not yet but my 44 00:03:35,920 --> 00:03:38,239 attorney has been in touch with 45 00:03:38,239 --> 00:03:40,519 that I can't see you can take the mic 46 00:03:40,519 --> 00:03:42,120 with you if you want okay but there's 47 00:03:42,120 --> 00:03:46,360 been no no filing not at this time okay 48 00:03:46,360 --> 00:03:48,400 I'm trying to resolve it before that 49 00:03:48,400 --> 00:03:54,670 understood thank 50 00:03:54,680 --> 00:03:57,040 you do you have anything else before 51 00:03:57,040 --> 00:03:58,799 well I mean I have some pictures I can 52 00:03:58,799 --> 00:04:00,360 tell you the whole history I don't know 53 00:04:00,360 --> 00:04:02,120 how much time you want to take on this 54 00:04:02,120 --> 00:04:04,720 but no we'll take whatever time just um 55 00:04:04,720 --> 00:04:07,159 Paul you want to respond to that he 56 00:04:07,159 --> 00:04:10,040 knows who I am he's been there yes no 57 00:04:10,040 --> 00:04:11,519 because we know we haven't heard 58 00:04:11,519 --> 00:04:14,439 anything of this nature there's been no 59 00:04:14,439 --> 00:04:17,239 correspondence to the board and uh was 60 00:04:17,239 --> 00:04:19,320 when they were in front of the board I 61 00:04:19,320 --> 00:04:21,919 guess it was three or four years ago and 62 00:04:21,919 --> 00:04:24,040 I tried to resolve the situation it 63 00:04:24,040 --> 00:04:25,639 hasn't gone anywhere they're making some 64 00:04:25,639 --> 00:04:27,880 crazy demands what they what they want 65 00:04:27,880 --> 00:04:29,960 me to pay for which I'm not willing to 66 00:04:29,960 --> 00:04:32,759 pay for like paying for the um 67 00:04:32,759 --> 00:04:35,320 resurveying of their development and so 68 00:04:35,320 --> 00:04:37,000 forth and so on paying for their 69 00:04:37,000 --> 00:04:39,240 attorney which I'm not going to do I'm 70 00:04:39,240 --> 00:04:41,199 willing to pay for my attorney and 71 00:04:41,199 --> 00:04:43,479 anything that pertains to me if I have 72 00:04:43,479 --> 00:04:45,680 to resurvey my property I'll be happy to 73 00:04:45,680 --> 00:04:47,440 do that but I'm not going to pay for 74 00:04:47,440 --> 00:04:49,680 what they should be paying for Bruce can 75 00:04:49,680 --> 00:04:51,880 you explain are you encroaching on their 76 00:04:51,880 --> 00:04:53,520 property or they encroaching on youring 77 00:04:53,520 --> 00:04:55,400 on there there's a map up front here if 78 00:04:55,400 --> 00:04:57,039 you can grab the microphone or pull you 79 00:04:57,039 --> 00:04:58,400 can point to it to show us where we're 80 00:04:58,400 --> 00:05:00,759 at in the world here please 81 00:05:00,759 --> 00:05:03,120 4T their property I I understand but 82 00:05:03,120 --> 00:05:04,800 there's a drawing here so we understand 83 00:05:04,800 --> 00:05:07,440 where it Mr Schwarz right I'm Mr Schwarz 84 00:05:07,440 --> 00:05:10,600 okay so properties this is this is his 85 00:05:10,600 --> 00:05:14,520 property here and he has come back onto 86 00:05:14,520 --> 00:05:16,080 they can't see if you stand in front of 87 00:05:16,080 --> 00:05:20,479 it right one also he's cleared and and 88 00:05:20,479 --> 00:05:22,919 has a lawn area planted back in in in 89 00:05:22,919 --> 00:05:24,400 that area and that's what he wants to 90 00:05:24,400 --> 00:05:28,240 claim and you know basically steal so um 91 00:05:28,240 --> 00:05:30,520 bought the house in 198 92 00:05:30,520 --> 00:05:32,000 just use the microphone a little bit oh 93 00:05:32,000 --> 00:05:34,039 I'm sorry sorry when I bought the house 94 00:05:34,039 --> 00:05:36,919 in 1981 from the original owner who 95 00:05:36,919 --> 00:05:39,280 built the house he had pushed the tree 96 00:05:39,280 --> 00:05:41,120 line back 45 97 00:05:41,120 --> 00:05:45,479 ft um right at that tree line on my side 98 00:05:45,479 --> 00:05:48,240 of the tree line there's a drainage 99 00:05:48,240 --> 00:05:50,479 ditch Culvert whatever you want to call 100 00:05:50,479 --> 00:05:52,759 it there's a tremendous amount of uh 101 00:05:52,759 --> 00:05:56,560 groundw that comes down off the hill 102 00:05:56,560 --> 00:05:59,240 through my property and my neighbor's 103 00:05:59,240 --> 00:06:00,639 property 104 00:06:00,639 --> 00:06:03,880 and um I've maintained that all these 105 00:06:03,880 --> 00:06:07,000 years 3 years ago I had a contractor 106 00:06:07,000 --> 00:06:10,400 come in and restored because it wears 107 00:06:10,400 --> 00:06:12,720 away after a while from all the water 108 00:06:12,720 --> 00:06:14,840 and it's now lined with stone and rip 109 00:06:14,840 --> 00:06:16,919 wrap in there so my backyard doesn't 110 00:06:16,919 --> 00:06:18,919 flood anymore and that's one of the 111 00:06:18,919 --> 00:06:20,319 reasons you have the wetlands at the 112 00:06:20,319 --> 00:06:22,840 bottom of the hill on on um mus on uh 113 00:06:22,840 --> 00:06:24,560 balen Place Road cuz all this water 114 00:06:24,560 --> 00:06:26,440 comes down and it comes through our 115 00:06:26,440 --> 00:06:30,840 property so that drainage dishes in that 116 00:06:30,840 --> 00:06:33,560 45 ft that I'm been maintaining for all 117 00:06:33,560 --> 00:06:36,599 these years um there was a vegetable 118 00:06:36,599 --> 00:06:39,039 garden there uh when I bought the house 119 00:06:39,039 --> 00:06:40,800 that I maintained for a couple of years 120 00:06:40,800 --> 00:06:43,400 and I didn't want to do it anymore so I 121 00:06:43,400 --> 00:06:45,680 did put a lawn in there and the fence 122 00:06:45,680 --> 00:06:47,639 that surrounded the vegetable garden 123 00:06:47,639 --> 00:06:50,840 which is about 80 ft is now and has been 124 00:06:50,840 --> 00:06:54,479 since then along the tree line so I have 125 00:06:54,479 --> 00:06:57,680 a fence up there and 126 00:06:57,680 --> 00:07:01,240 um at the end of my dra driveway I park 127 00:07:01,240 --> 00:07:03,160 I have four cars so I park cars there 128 00:07:03,160 --> 00:07:07,039 times I store firewood back there I I 129 00:07:07,039 --> 00:07:08,599 maintain the property I've been doing it 130 00:07:08,599 --> 00:07:12,879 for 44 years prior to these folks um 131 00:07:12,879 --> 00:07:15,120 with their proposal I guess you guys 132 00:07:15,120 --> 00:07:16,960 know there was other proposals for this 133 00:07:16,960 --> 00:07:18,879 property over the years that have never 134 00:07:18,879 --> 00:07:23,560 gone anywhere and um in all those years 135 00:07:23,560 --> 00:07:25,680 no one has ever come to me including 136 00:07:25,680 --> 00:07:29,160 these people and said hey you're I'm on your property you got to 137 00:07:29,160 --> 00:07:31,319 get off they've never said one word to 138 00:07:31,319 --> 00:07:33,479 me about that even when I informed them 139 00:07:33,479 --> 00:07:35,800 about that I've never gotten a letter 140 00:07:35,800 --> 00:07:38,039 nobody ever said to me you're 141 00:07:38,039 --> 00:07:40,800 encroaching so as far as I'm concerned 142 00:07:40,800 --> 00:07:43,919 you know it's my property so did did 143 00:07:43,919 --> 00:07:46,240 they come to you now and say your no I'm 144 00:07:46,240 --> 00:07:50,479 here tonight because I got the letter in the mail about the public hearing for 145 00:07:50,479 --> 00:07:52,319 this uh I didn't know where this was 146 00:07:52,319 --> 00:07:54,280 going there hasn't been any back and 147 00:07:54,280 --> 00:07:56,919 forth between us like I said since I got 148 00:07:56,919 --> 00:07:59,840 my attorney got this letter in um August 149 00:07:59,840 --> 00:08:03,080 of 21 when they asked me to pay for 150 00:08:03,080 --> 00:08:05,800 either part of or whatever resurveying 151 00:08:05,800 --> 00:08:08,319 their whole development there and 152 00:08:08,319 --> 00:08:10,240 wanting me to pay for 153 00:08:10,240 --> 00:08:12,960 their um their attorney fees which I'm 154 00:08:12,960 --> 00:08:14,120 not willing to do so what I'm what I'm 155 00:08:14,120 --> 00:08:15,960 getting at is so as as of right now 156 00:08:15,960 --> 00:08:18,199 nobody's asked you to vacate that 157 00:08:18,199 --> 00:08:20,199 property no okay so you're here you want 158 00:08:20,199 --> 00:08:23,479 to preemptively say hey I have adverse 159 00:08:23,479 --> 00:08:25,720 possession of this property yeah I I 160 00:08:25,720 --> 00:08:27,599 want to yeah it's the you have to go to 161 00:08:27,599 --> 00:08:28,960 the court to get this settled this has 162 00:08:28,960 --> 00:08:30,919 nothing to do with this board we don't 163 00:08:30,919 --> 00:08:32,719 move property lines unless I'm not 164 00:08:32,719 --> 00:08:34,599 asking you to move a property line but 165 00:08:34,599 --> 00:08:36,919 you are no I'm asking you not to give 166 00:08:36,919 --> 00:08:38,479 any more approvals until this is 167 00:08:38,479 --> 00:08:40,640 resolved but they can't there's nothing 168 00:08:40,640 --> 00:08:42,360 just so you understand so I can't hear 169 00:08:42,360 --> 00:08:44,399 you I'm sorry just so you understand so 170 00:08:44,399 --> 00:08:48,120 the board understands the board has um 171 00:08:48,120 --> 00:08:50,240 the right to rely on the submissions 172 00:08:50,240 --> 00:08:52,240 that have made by the applicant they're 173 00:08:52,240 --> 00:08:55,120 unopposed they're uncontested the board 174 00:08:55,120 --> 00:08:57,360 has the right to rely on the boundaries 175 00:08:57,360 --> 00:08:58,959 the meets and Bounds descriptions the 176 00:08:58,959 --> 00:08:59,959 survey 177 00:08:59,959 --> 00:09:01,720 and the certified documents that are 178 00:09:01,720 --> 00:09:05,040 before it absent in an injunction or 179 00:09:05,040 --> 00:09:07,200 anything else prohibiting this board to 180 00:09:07,200 --> 00:09:09,000 act the board has the legal right to 181 00:09:09,000 --> 00:09:12,160 move forward with respect to this even 182 00:09:12,160 --> 00:09:14,839 if myself comes up and say hey this is a 183 00:09:14,839 --> 00:09:18,720 problem here yes so I have 184 00:09:18,720 --> 00:09:22,120 to I have to I have to do 185 00:09:22,120 --> 00:09:24,800 what what is is there a survey on this 186 00:09:24,800 --> 00:09:26,800 property did yeah this is the survey 187 00:09:26,800 --> 00:09:28,320 there's a survey filed and everything on 188 00:09:28,320 --> 00:09:30,279 that property correct yes H Have you 189 00:09:30,279 --> 00:09:32,200 shared it with Mr 190 00:09:32,200 --> 00:09:34,480 Schwarz or would you share it with him 191 00:09:34,480 --> 00:09:38,279 yeah I mean it's public record a copy he 192 00:09:38,279 --> 00:09:40,040 could get a copy I suggest you get a 193 00:09:40,040 --> 00:09:41,440 copy of that 194 00:09:41,440 --> 00:09:43,880 survey well I I think it's a separate 195 00:09:43,880 --> 00:09:46,120 issue I mean he I don't think us taking 196 00:09:46,120 --> 00:09:47,720 action is going to affect you or your 197 00:09:47,720 --> 00:09:49,760 attorney's ability to go to court and to 198 00:09:49,760 --> 00:09:51,279 say hey look we've openly and 199 00:09:51,279 --> 00:09:54,160 notoriously occupied this property um 200 00:09:54,160 --> 00:09:56,480 and we have a right to it that that's a 201 00:09:56,480 --> 00:09:58,839 separate issue and I don't think it what 202 00:09:58,839 --> 00:10:01,399 we do affects that in any way but if you 203 00:10:01,399 --> 00:10:05,200 approve this and I go to court and they 204 00:10:05,200 --> 00:10:07,200 agree with me then you've approved an 205 00:10:07,200 --> 00:10:09,040 incorrect property line and the judge 206 00:10:09,040 --> 00:10:10,680 can move the line to where it's where 207 00:10:10,680 --> 00:10:13,360 you say it's supposed to be absolutely 208 00:10:13,360 --> 00:10:15,640 so ordered and it's not an issue of the 209 00:10:15,640 --> 00:10:18,600 Jud of the planning board approving 210 00:10:18,600 --> 00:10:21,640 something that's incorrect right now 211 00:10:21,640 --> 00:10:22,720 it's 212 00:10:22,720 --> 00:10:25,640 correct until such time as a court 213 00:10:25,640 --> 00:10:28,040 determines that it's not the planning 214 00:10:28,040 --> 00:10:30,880 board has the right to act on it so I 215 00:10:30,880 --> 00:10:32,600 just have to follow with the court to 216 00:10:32,600 --> 00:10:35,360 let them know that I want to do this and 217 00:10:35,360 --> 00:10:37,560 at that point you hold this up or what 218 00:10:37,560 --> 00:10:39,920 happens well listen none of us can give 219 00:10:39,920 --> 00:10:41,639 you legal advice I'm not asking for 220 00:10:41,639 --> 00:10:43,079 legal I just don't know what the process 221 00:10:43,079 --> 00:10:44,480 is I think you need to talk to your 222 00:10:44,480 --> 00:10:46,959 attorney um but what I'm trying to say 223 00:10:46,959 --> 00:10:49,000 is you've told me that nobody's telling 224 00:10:49,000 --> 00:10:50,399 you or trying to kick you off the 225 00:10:50,399 --> 00:10:53,200 property nobody has right so I think at 226 00:10:53,200 --> 00:10:54,480 this point it's really something your 227 00:10:54,480 --> 00:10:56,519 attorney has to go to court and say hey 228 00:10:56,519 --> 00:10:58,959 look we've we've occupied this land um 229 00:10:58,959 --> 00:11:01,000 you used a very specific term adverse 230 00:11:01,000 --> 00:11:02,560 possession it has a very specific 231 00:11:02,560 --> 00:11:05,160 meaning and your attorney could handle 232 00:11:05,160 --> 00:11:06,920 it but I don't think it really affects 233 00:11:06,920 --> 00:11:09,399 us and our ability to approve this 234 00:11:09,399 --> 00:11:11,600 project these two things can go in 235 00:11:11,600 --> 00:11:14,480 parallel I'm sorry these two issues can 236 00:11:14,480 --> 00:11:16,360 exist in parallel you can go to your 237 00:11:16,360 --> 00:11:19,279 attorney and and follow you know his 238 00:11:19,279 --> 00:11:23,040 advice and go do what he or she says 239 00:11:23,040 --> 00:11:25,440 so I mean I happen to be an attorney so 240 00:11:25,440 --> 00:11:26,920 that's 241 00:11:26,920 --> 00:11:30,320 okay I believe you so that's so there 242 00:11:30,320 --> 00:11:31,639 nothing else that you folks are going to 243 00:11:31,639 --> 00:11:33,560 do tonight with me telling you what's 244 00:11:33,560 --> 00:11:36,639 going on can I just ask one question if 245 00:11:36,639 --> 00:11:38,959 your adverse 246 00:11:38,959 --> 00:11:45,639 claim um were were approved does 247 00:11:45,639 --> 00:11:49,160 it affect anything in terms of the 248 00:11:49,160 --> 00:11:53,040 proposed construction no it won't affect 249 00:11:53,040 --> 00:11:54,839 doesn't affects that back we were we 250 00:11:54,839 --> 00:11:56,680 were maintaining a 100 foot buffer from 251 00:11:56,680 --> 00:11:58,600 the back of this lot to that to our 252 00:11:58,600 --> 00:12:00,079 property line you would have to come 253 00:12:00,079 --> 00:12:01,639 back with a Revis 254 00:12:01,639 --> 00:12:04,480 mapa no not if it's so ordered by a 255 00:12:04,480 --> 00:12:06,839 judge so I say go and a judge says this 256 00:12:06,839 --> 00:12:09,079 line is now here that's what the line is 257 00:12:09,079 --> 00:12:11,240 it gets filed that way and and the court 258 00:12:11,240 --> 00:12:14,560 and then County Clerk assuming that yes 259 00:12:14,560 --> 00:12:16,360 but you're saying that even if that 260 00:12:16,360 --> 00:12:19,639 happened your setbacks are okay correct 261 00:12:19,639 --> 00:12:21,839 okay we we don't know what the judge the 262 00:12:21,839 --> 00:12:22,959 judge could say come back to the 263 00:12:22,959 --> 00:12:24,760 planning word you could so order we 264 00:12:24,760 --> 00:12:26,360 don't know and we couldn't we shouldn't 265 00:12:26,360 --> 00:12:28,320 speculate I was trying to save everybody 266 00:12:28,320 --> 00:12:30,240 money and going to court with lawyers 267 00:12:30,240 --> 00:12:32,839 and so forth but they just haven't been 268 00:12:32,839 --> 00:12:34,279 responsive to 269 00:12:34,279 --> 00:12:36,959 this when was the last when was the last 270 00:12:36,959 --> 00:12:39,360 time your property was surveyed when was 271 00:12:39,360 --> 00:12:41,920 your property last surveyed well I guess 272 00:12:41,920 --> 00:12:44,199 when I bought it you know I haven't had 273 00:12:44,199 --> 00:12:46,720 it done since then and on the original 274 00:12:46,720 --> 00:12:48,320 plans does it state that that part of 275 00:12:48,320 --> 00:12:52,079 the property is in your in your plan say 276 00:12:52,079 --> 00:12:53,480 again when you bought the property and 277 00:12:53,480 --> 00:12:56,279 you had the land surveyed does it have 278 00:12:56,279 --> 00:12:58,279 that distinction in it that that it goes 279 00:12:58,279 --> 00:13:00,720 back that far Does it show the extra 45 280 00:13:00,720 --> 00:13:04,320 ft in my on my plan I'm sure it 281 00:13:04,320 --> 00:13:06,440 doesn't I'm sure it doesn't so you're 282 00:13:06,440 --> 00:13:08,320 just going by what the former owner had 283 00:13:08,320 --> 00:13:10,800 taken a you know um he's the one who did 284 00:13:10,800 --> 00:13:13,800 all that Poss of 285 00:13:13,800 --> 00:13:20,399 okay I'm done all right unless you have 286 00:13:20,399 --> 00:13:22,880 any other questions or comments okay 287 00:13:22,880 --> 00:13:25,880 thank you very much thank 288 00:13:25,880 --> 00:13:28,160 you anyone else in the audience wish to 289 00:13:28,160 --> 00:13:31,639 be heard my name yes 290 00:13:31,639 --> 00:13:37,320 I'm I'm at 38 M North and uh I been 291 00:13:37,320 --> 00:13:40,000 there since uh 292 00:13:40,000 --> 00:13:44,600 2008 and uh my situation is exactly like 293 00:13:44,600 --> 00:13:48,000 this like a situation my situation is 294 00:13:48,000 --> 00:13:50,839 the the property line was pushed back I 295 00:13:50,839 --> 00:13:52,720 believe when they built the house that's 296 00:13:52,720 --> 00:13:55,600 what I believe because when I bought the 297 00:13:55,600 --> 00:13:58,519 property the property is exactly the way 298 00:13:58,519 --> 00:13:59,759 I bought it 299 00:13:59,759 --> 00:14:02,120 I there's a loan I take care of the loan 300 00:14:02,120 --> 00:14:04,720 and everything I thought that was my 301 00:14:04,720 --> 00:14:10,120 property but eventually it's not so and 302 00:14:10,120 --> 00:14:18,279 the and I saw the the the blueprint the the prince or whatever and the they 303 00:14:18,279 --> 00:14:20,880 try to build a house right right next to 304 00:14:20,880 --> 00:14:23,440 mine right there like proba 30 ft for my 305 00:14:23,440 --> 00:14:26,000 house why can't they push the house back 306 00:14:26,000 --> 00:14:28,279 more because there's a lot of space why 307 00:14:28,279 --> 00:14:29,880 they have to build the house house right 308 00:14:29,880 --> 00:14:31,880 on top in on top of 309 00:14:31,880 --> 00:14:34,399 mine so so what's your address and 310 00:14:34,399 --> 00:14:36,040 what's your name again and Paul could 311 00:14:36,040 --> 00:14:37,720 you show us where his piece of property 312 00:14:37,720 --> 00:14:42,000 is my name is Manuel Oliva okay are you 313 00:14:42,000 --> 00:14:43,839 just downhill of Mr 314 00:14:43,839 --> 00:14:46,759 Schwarz no it's up you're uphill yeah 315 00:14:46,759 --> 00:14:49,279 uphill and your address is excuse me 316 00:14:49,279 --> 00:14:53,959 your address 38 38 38 mus North and plus 317 00:14:53,959 --> 00:14:56,759 there's a drainage that comes on the top 318 00:14:56,759 --> 00:14:58,639 of my house from this right from the 319 00:14:58,639 --> 00:14:59,800 street 320 00:14:59,800 --> 00:15:03,600 my my property down the back right to 321 00:15:03,600 --> 00:15:06,199 the to his backyard isn't there 100 foot 322 00:15:06,199 --> 00:15:08,000 buffer at that there's 100 foot buffer 323 00:15:08,000 --> 00:15:09,759 to the property line and the houses are 324 00:15:09,759 --> 00:15:11,480 farther away than that it's going to be 325 00:15:11,480 --> 00:15:14,000 more than 100 ft from your house from 326 00:15:14,000 --> 00:15:16,639 your property line excuse me the house 327 00:15:16,639 --> 00:15:18,720 that they're going to propose is more 328 00:15:18,720 --> 00:15:21,279 than 100 fet from the property 329 00:15:21,279 --> 00:15:25,759 line I don't think so yes yeah it is cu 330 00:15:25,759 --> 00:15:31,399 it looks like it's right there right the because I I saw once and looks 331 00:15:31,399 --> 00:15:33,279 like it's right there the property 332 00:15:33,279 --> 00:15:34,959 Line's 100 ft and then they have to be 333 00:15:34,959 --> 00:15:37,120 set back from that from the property L 334 00:15:37,120 --> 00:15:39,360 is going to be 100t more than 100 more 335 00:15:39,360 --> 00:15:41,440 than 100 right 100t to the property line 336 00:15:41,440 --> 00:15:42,959 then they have setback requirement to 337 00:15:42,959 --> 00:15:45,160 the to the house so it's more than 100t 338 00:15:45,160 --> 00:15:47,319 away side right there yeah this from 339 00:15:47,319 --> 00:15:49,560 here to here is 100 ft and obviously the 340 00:15:49,560 --> 00:15:52,480 houses are farther away right but that's 341 00:15:52,480 --> 00:15:54,480 from the property line not from your 342 00:15:54,480 --> 00:15:56,720 purported where you're maintaining grass 343 00:15:56,720 --> 00:15:58,519 so but it's 100 ft from the property 344 00:15:58,519 --> 00:16:00,560 line that's a distinction that needs to 345 00:16:00,560 --> 00:16:02,399 be known as the board is already aware 346 00:16:02,399 --> 00:16:03,880 but you need to be made aware of that 347 00:16:03,880 --> 00:16:06,560 but Paul do we have the same situation 348 00:16:06,560 --> 00:16:09,279 as on the former gentleman it would not 349 00:16:09,279 --> 00:16:12,519 impact us okay how about the theage 350 00:16:12,519 --> 00:16:14,000 because the has to stay there because 351 00:16:14,000 --> 00:16:15,319 the otherwise going to flood my house is 352 00:16:15,319 --> 00:16:19,959 going to flood everything because the the water comes from the up the hill 353 00:16:19,959 --> 00:16:23,560 comes down there's a on the side on my 354 00:16:23,560 --> 00:16:27,000 goes to the backyard and go goes 355 00:16:27,000 --> 00:16:31,309 down you have to keep the 356 00:16:31,319 --> 00:16:32,680 there existing conditions there's 357 00:16:32,680 --> 00:16:34,440 nothing that we're doing on that inside 358 00:16:34,440 --> 00:16:36,240 of the property so we wouldn't be 359 00:16:36,240 --> 00:16:38,040 changing anything you should go there 360 00:16:38,040 --> 00:16:39,759 should we wouldn't be discharging over 361 00:16:39,759 --> 00:16:41,639 there so there's there is no we're not 362 00:16:41,639 --> 00:16:43,240 going to create any 363 00:16:43,240 --> 00:16:48,350 impact but they are 364 00:16:48,360 --> 00:16:51,079 creating the 365 00:16:51,079 --> 00:16:53,160 microphone we already pretty much there 366 00:16:53,160 --> 00:16:55,199 is an impact 367 00:16:55,199 --> 00:16:58,279 now there is an impact now and has been 368 00:16:58,279 --> 00:17:00,880 by the ground water that comes down our 369 00:17:00,880 --> 00:17:02,920 side of that piece of property it runs 370 00:17:02,920 --> 00:17:04,679 behind Manny's house and through this 371 00:17:04,679 --> 00:17:06,959 drainage ditch on my house and then it 372 00:17:06,959 --> 00:17:09,160 goes down through the bii's house and it 373 00:17:09,160 --> 00:17:11,720 winds up at bald and Place Road and I'm 374 00:17:11,720 --> 00:17:13,600 sure it shows Wetlands all at the bottom 375 00:17:13,600 --> 00:17:15,559 of bald and place road down there on the 376 00:17:15,559 --> 00:17:18,280 muscot North side cuz it's a swamp down 377 00:17:18,280 --> 00:17:20,360 there and that's where the water comes 378 00:17:20,360 --> 00:17:22,400 from it comes from the top of the hill 379 00:17:22,400 --> 00:17:23,919 they tried to tell me a couple of years 380 00:17:23,919 --> 00:17:26,520 ago that the water was coming from 381 00:17:26,520 --> 00:17:29,280 Manny's gutters off of his house which 382 00:17:29,280 --> 00:17:32,160 is absurd you know the amount of water 383 00:17:32,160 --> 00:17:34,840 that comes down and the at the speed it 384 00:17:34,840 --> 00:17:38,200 comes down it's it's what is the 385 00:17:38,200 --> 00:17:40,120 significance of that what is the 386 00:17:40,120 --> 00:17:41,600 significance of the fact that there's 387 00:17:41,600 --> 00:17:44,200 water coming down I'm sorry what is the 388 00:17:44,200 --> 00:17:46,160 significance of the fact that there's 389 00:17:46,160 --> 00:17:48,280 water coming down floods out our 390 00:17:48,280 --> 00:17:50,679 backyard I I I understand but what does 391 00:17:50,679 --> 00:17:53,000 that have to do with this public hearing 392 00:17:53,000 --> 00:17:54,799 it's coming from their 393 00:17:54,799 --> 00:17:57,840 property it's on their property where it 394 00:17:57,840 --> 00:18:00,679 originates and is it changed over the 395 00:18:00,679 --> 00:18:01,799 years 396 00:18:01,799 --> 00:18:05,120 no existing condition that's why I said 397 00:18:05,120 --> 00:18:07,039 I had to maintain the Swale on my 398 00:18:07,039 --> 00:18:09,080 property that I just loaded upward rip 399 00:18:09,080 --> 00:18:11,600 wrap to keep my back back backyard from 400 00:18:11,600 --> 00:18:14,880 flooding out so the the the runoff that 401 00:18:14,880 --> 00:18:17,679 you've gotten previously is it because 402 00:18:17,679 --> 00:18:19,360 of anything they did on the property or 403 00:18:19,360 --> 00:18:21,880 because of the topography I think it's a 404 00:18:21,880 --> 00:18:23,720 topography you know cuz like I said I'm 405 00:18:23,720 --> 00:18:26,360 there 44 years and it hasn't changed 406 00:18:26,360 --> 00:18:30,120 okay you know and in the spring if we 407 00:18:30,120 --> 00:18:32,720 have snow all that water runs off if 408 00:18:32,720 --> 00:18:35,679 it's a heavy rain I mean the Swale my 409 00:18:35,679 --> 00:18:37,720 Swale is that 410 00:18:37,720 --> 00:18:41,000 deep and it comes right up to the 411 00:18:41,000 --> 00:18:43,679 top but that basically goes back just to 412 00:18:43,679 --> 00:18:49,909 the adverse claim ision 413 00:18:49,919 --> 00:18:55,630 right okay thank 414 00:18:55,640 --> 00:18:57,799 you is there anyone else in the audience 415 00:18:57,799 --> 00:19:01,990 that wish to be heard on on 416 00:19:02,000 --> 00:19:05,760 this okay with that 417 00:19:05,760 --> 00:19:07,960 um I would need a motion to close the 418 00:19:07,960 --> 00:19:09,559 public 419 00:19:09,559 --> 00:19:11,600 hearing I'll make a motion to close the 420 00:19:11,600 --> 00:19:15,080 public hearing I second um all in favor 421 00:19:15,080 --> 00:19:19,120 I I thank you Pat would you prepare a 422 00:19:19,120 --> 00:19:20,600 preliminary cluster subdivision 423 00:19:20,600 --> 00:19:22,880 resolution for preliminary approval yes 424 00:19:22,880 --> 00:19:25,360 we will and just to be clear that that 425 00:19:25,360 --> 00:19:26,880 approval will carry with it a storm 426 00:19:26,880 --> 00:19:30,000 water management plan that addresses all of the storm order impacts 427 00:19:30,000 --> 00:19:31,600 associated with the development of the 428 00:19:31,600 --> 00:19:33,600 site not an existing condition that may 429 00:19:33,600 --> 00:19:35,799 be a pre-existing circumstance 430 00:19:35,799 --> 00:19:39,070 understood thank 431 00:19:39,080 --> 00:19:42,080 you okay next up on the agenda is 432 00:19:42,080 --> 00:19:44,480 Gilmore Michael and Thomas 433 00:19:44,480 --> 00:19:48,480 153 shindan Hill Road Paul Lynch from 434 00:19:48,480 --> 00:19:51,360 putam engineering this is a proposed uh 435 00:19:51,360 --> 00:19:54,559 two lot subdivision we presented two 436 00:19:54,559 --> 00:19:58,120 plans one is a sketch plan number one 437 00:19:58,120 --> 00:20:00,679 the other is sketch plan number two 438 00:20:00,679 --> 00:20:03,440 sketch plan number one meets all the 439 00:20:03,440 --> 00:20:06,600 zoning requirements in the town in terms 440 00:20:06,600 --> 00:20:11,880 of lot depth lot width lot 441 00:20:11,880 --> 00:20:15,320 area for both 442 00:20:15,320 --> 00:20:17,840 Lots sketch plan number 443 00:20:17,840 --> 00:20:20,640 two is a much more 444 00:20:20,640 --> 00:20:23,120 simplified geometric 445 00:20:23,120 --> 00:20:26,360 shape and we fall short on our lot 446 00:20:26,360 --> 00:20:29,559 widths so if we were to go with sketch 447 00:20:29,559 --> 00:20:31,880 subdivision plan number two that would 448 00:20:31,880 --> 00:20:36,760 require variance for lot width from the zoning board my preference is 449 00:20:36,760 --> 00:20:39,480 this plan PL plan number two because 450 00:20:39,480 --> 00:20:41,960 it's a much more simplified geometric 451 00:20:41,960 --> 00:20:44,480 layout you don't end up with it 452 00:20:44,480 --> 00:20:46,559 appendage in the back of what would be 453 00:20:46,559 --> 00:20:48,039 this lot and then that just becomes 454 00:20:48,039 --> 00:20:50,960 forgotten land it it 455 00:20:50,960 --> 00:20:53,640 just this is just a cleaner layout but 456 00:20:53,640 --> 00:20:56,440 it it needs the variance and that's just 457 00:20:56,440 --> 00:20:58,880 the way the town ordinance has us 458 00:20:58,880 --> 00:21:00,960 calculate lot width we go to the 459 00:21:00,960 --> 00:21:02,400 midpoint of the front we go to the 460 00:21:02,400 --> 00:21:05,000 midpoint of the back draw a line get to 461 00:21:05,000 --> 00:21:07,720 the midpoint there make 290 degrees and 462 00:21:07,720 --> 00:21:09,799 that's where we take our measurement 463 00:21:09,799 --> 00:21:11,559 Paul before before we go any further 464 00:21:11,559 --> 00:21:15,760 thank you for that explanation I just I want to hear from the consultant sorry 465 00:21:15,760 --> 00:21:17,279 uh Mike you had a memo on this correct 466 00:21:17,279 --> 00:21:18,880 yeah uh what he said is true one of the 467 00:21:18,880 --> 00:21:20,880 plans complies the other one doesn't the 468 00:21:20,880 --> 00:21:24,440 one that doesn't comply is a more 469 00:21:24,440 --> 00:21:26,400 convention accurate you know it's 470 00:21:26,400 --> 00:21:27,840 straighter lines everything works out 471 00:21:27,840 --> 00:21:29,400 better but 472 00:21:29,400 --> 00:21:31,159 um it's really up to them to decide if 473 00:21:31,159 --> 00:21:33,559 they want to do the the straight lines 474 00:21:33,559 --> 00:21:37,240 and go for the variances or go with the weird shape 475 00:21:37,240 --> 00:21:40,600 and and deal with it and Rich you had a 476 00:21:40,600 --> 00:21:42,720 memo on this as well correct so again I 477 00:21:42,720 --> 00:21:44,840 think the applicant's here to discuss 478 00:21:44,840 --> 00:21:46,600 the layout first before they move 479 00:21:46,600 --> 00:21:49,080 forward um you know there's some basic I 480 00:21:49,080 --> 00:21:50,840 don't have objection to the subdivision 481 00:21:50,840 --> 00:21:52,559 being presented in either way it's 482 00:21:52,559 --> 00:21:54,760 really the applicant's decision and then 483 00:21:54,760 --> 00:21:56,120 the planning board's decision there are 484 00:21:56,120 --> 00:21:58,840 standard comments there licensed you 485 00:21:58,840 --> 00:22:01,320 know survey the property um you know 486 00:22:01,320 --> 00:22:03,880 they'll pay Recreation fee they'll have 487 00:22:03,880 --> 00:22:06,039 to come back with all the normal 488 00:22:06,039 --> 00:22:09,240 subdivision plans going forward thank 489 00:22:09,240 --> 00:22:12,080 you did you have anything yeah I did um 490 00:22:12,080 --> 00:22:14,559 what I would say Mr chairman is so it's 491 00:22:14,559 --> 00:22:16,159 not your job to pick and choose an 492 00:22:16,159 --> 00:22:18,840 applicant's project so Paul should have 493 00:22:18,840 --> 00:22:20,640 selected an alternative that he 494 00:22:20,640 --> 00:22:22,679 preferred I heard him say it tonight and 495 00:22:22,679 --> 00:22:24,679 advance that he could have shown the AL 496 00:22:24,679 --> 00:22:26,240 the other alternative to defend his 497 00:22:26,240 --> 00:22:27,679 position with respect to the alternative 498 00:22:27,679 --> 00:22:29,640 but we shouldn't the plan that was 499 00:22:29,640 --> 00:22:31,600 submitted in either or is an 500 00:22:31,600 --> 00:22:33,360 unacceptable condition for the board you 501 00:22:33,360 --> 00:22:35,200 should have what the applicant prefers 502 00:22:35,200 --> 00:22:38,919 to advance as the plan before you um so 503 00:22:38,919 --> 00:22:40,559 now that we know he's pref prefers the 504 00:22:40,559 --> 00:22:43,480 conventional plan um I would suggest 505 00:22:43,480 --> 00:22:44,880 remove the other plan from the drawing 506 00:22:44,880 --> 00:22:47,559 poll and advance that plan and variances 507 00:22:47,559 --> 00:22:49,200 are required OB and variances would be 508 00:22:49,200 --> 00:22:51,640 required um there's a few technical 509 00:22:51,640 --> 00:22:54,600 comments with respect to that but um 510 00:22:54,600 --> 00:22:56,360 give us information about site distances 511 00:22:56,360 --> 00:22:58,840 at the driveway the typical things but I 512 00:22:58,840 --> 00:23:00,720 noticed Paul that there's a it looks 513 00:23:00,720 --> 00:23:03,279 like there's a yeah a road or something 514 00:23:03,279 --> 00:23:05,600 that's depicted in the back what's that 515 00:23:05,600 --> 00:23:08,520 about there was a file map I think it 516 00:23:08,520 --> 00:23:11,679 was number 749 that dates back 517 00:23:11,679 --> 00:23:14,559 forever um where there was a logging 518 00:23:14,559 --> 00:23:18,360 trail that came through this lot went 519 00:23:18,360 --> 00:23:21,679 onto the adjoining subdivision property 520 00:23:21,679 --> 00:23:23,440 and then circulates and comes all the 521 00:23:23,440 --> 00:23:25,480 way back to the Gilmore 522 00:23:25,480 --> 00:23:28,279 property so there was a file map that 523 00:23:28,279 --> 00:23:31,120 had has this logging Trail uh they call 524 00:23:31,120 --> 00:23:35,159 it as depicted Road um but it benefits 525 00:23:35,159 --> 00:23:37,400 nobody and our clients are actually 526 00:23:37,400 --> 00:23:39,600 working with I believe this property 527 00:23:39,600 --> 00:23:41,679 owner to have it extinguished because it 528 00:23:41,679 --> 00:23:44,279 serves no benefit is there easement or 529 00:23:44,279 --> 00:23:46,240 anything PA in place or is it just on a 530 00:23:46,240 --> 00:23:49,240 map on a 531 00:23:49,240 --> 00:23:51,640 map 532 00:23:51,640 --> 00:23:55,960 yeah so it's not written in the 533 00:23:55,960 --> 00:23:59,440 deed uh generally hand was it a 534 00:23:59,440 --> 00:24:02,679 handwritten handr it it dates back to 535 00:24:02,679 --> 00:24:05,840 like the 1800s and it was a handwritten 536 00:24:05,840 --> 00:24:07,320 so it's in the 537 00:24:07,320 --> 00:24:10,960 schedule no it got lost over time but 538 00:24:10,960 --> 00:24:12,640 it's referenced it's not in the meets 539 00:24:12,640 --> 00:24:14,880 and balances schedule for the pro no 540 00:24:14,880 --> 00:24:17,520 okay yeah Paul I think so it would be 541 00:24:17,520 --> 00:24:19,520 our preference to make that go away yes 542 00:24:19,520 --> 00:24:21,679 so I can work with Joe and find out the 543 00:24:21,679 --> 00:24:23,520 right mechanism to make it go away 544 00:24:23,520 --> 00:24:25,440 because in essence it's an easement to 545 00:24:25,440 --> 00:24:28,480 get from this part of their property to 546 00:24:28,480 --> 00:24:30,720 the back part of their property which 547 00:24:30,720 --> 00:24:33,240 crosses over an adjoining neighbor and 548 00:24:33,240 --> 00:24:36,520 it it's not required it's not needed and 549 00:24:36,520 --> 00:24:38,159 it serves no benefit at this point in 550 00:24:38,159 --> 00:24:41,039 time so you confused me you just said 551 00:24:41,039 --> 00:24:43,440 it's an easement so there is an easement 552 00:24:43,440 --> 00:24:46,720 well well it's it's it's on a file map 553 00:24:46,720 --> 00:24:49,720 okay so it's 554 00:24:49,720 --> 00:24:51,880 yeah you're just referring to it in 555 00:24:51,880 --> 00:24:58,590 eement yes okay generic I got you okay 556 00:24:58,600 --> 00:25:00,880 so you you'll have to you know revise 557 00:25:00,880 --> 00:25:02,480 corre back with your preferred plan 558 00:25:02,480 --> 00:25:03,720 we're going to come back with this 559 00:25:03,720 --> 00:25:06,559 remove that trail from it whatever you 560 00:25:06,559 --> 00:25:08,360 can and then we'll we'll take it to the 561 00:25:08,360 --> 00:25:09,960 next step 562 00:25:09,960 --> 00:25:12,880 okay any other comments 563 00:25:12,880 --> 00:25:15,590 questions all right thank you very 564 00:25:15,590 --> 00:25:20,310 [Music] 565 00:25:20,320 --> 00:25:33,909 much thank you 566 00:25:33,919 --> 00:25:36,440 Pat we would uh hold till we see the 567 00:25:36,440 --> 00:25:38,880 revised plan we wouldn't be declare it 568 00:25:38,880 --> 00:25:41,720 anything right okay all right next up on 569 00:25:41,720 --> 00:25:44,120 the agenda is uh Frey subdivision this 570 00:25:44,120 --> 00:25:55,630 is on for a 571 00:25:55,640 --> 00:25:59,960 resolution Jack there we go John Carell 572 00:25:59,960 --> 00:26:03,520 representing Scott fry and we're I 573 00:26:03,520 --> 00:26:05,880 understand we're up for a 574 00:26:05,880 --> 00:26:08,440 resolution yes sir that be nice Mike you 575 00:26:08,440 --> 00:26:11,720 had no comments correct yeah this is on 576 00:26:11,720 --> 00:26:14,000 for resolution all my comments have been 577 00:26:14,000 --> 00:26:17,000 addressed okay Rich no comments it's on 578 00:26:17,000 --> 00:26:18,279 for a resolution the only thing that was 579 00:26:18,279 --> 00:26:20,600 outstanding was a bond uh that's 580 00:26:20,600 --> 00:26:21,679 supposed to be included in the 581 00:26:21,679 --> 00:26:23,840 resolution I sent that information to 582 00:26:23,840 --> 00:26:25,960 Pat but both Pat and I did not bring the 583 00:26:25,960 --> 00:26:27,960 numbers Jack if you remember it we'd 584 00:26:27,960 --> 00:26:29,840 like to have it written in but otherwise 585 00:26:29,840 --> 00:26:31,880 it was something like $115,000 with a 586 00:26:31,880 --> 00:26:34,279 $5,000 engineering fee but it was 587 00:26:34,279 --> 00:26:35,840 submitted by Jack and approved by the 588 00:26:35,840 --> 00:26:37,880 engineering department it just came late 589 00:26:37,880 --> 00:26:39,919 in the week so that needs to be included 590 00:26:39,919 --> 00:26:42,480 as part of the resolution so or should 591 00:26:42,480 --> 00:26:44,760 be do you remember the number jack off 592 00:26:44,760 --> 00:26:49,480 no so what I would suggest is you can say at the number that was 593 00:26:49,480 --> 00:26:52,200 agreed upon by the engineers okay right 594 00:26:52,200 --> 00:26:53,720 now there's a placeholder in the 595 00:26:53,720 --> 00:26:55,559 resolution so you can just reference 596 00:26:55,559 --> 00:26:58,240 this okay agreement so you have two 597 00:26:58,240 --> 00:26:59,960 resolutions Mr chairman thank you the 598 00:26:59,960 --> 00:27:02,399 neg deck and the subcision approval does 599 00:27:02,399 --> 00:27:04,240 the board have any 600 00:27:04,240 --> 00:27:06,440 questions if not I'll need a motion 601 00:27:06,440 --> 00:27:08,960 sorry was there if not I'll need a 602 00:27:08,960 --> 00:27:10,559 motion to adopt the secret negative 603 00:27:10,559 --> 00:27:12,880 declaration 604 00:27:12,880 --> 00:27:15,520 approval uh I'll offer the uh resolution 605 00:27:15,520 --> 00:27:17,159 of the planning board of town of Carmel 606 00:27:17,159 --> 00:27:18,320 number 607 00:27:18,320 --> 00:27:21,440 25-3 January 9 20 608 00:27:21,440 --> 00:27:24,240 2025 tax map number 609 00:27:24,240 --> 00:27:28,559 74121 d33 phrase subdivision Seeker 610 00:27:28,559 --> 00:27:31,640 determination of signif significance 611 00:27:31,640 --> 00:27:36,039 negative declaration second all in favor 612 00:27:36,039 --> 00:27:38,679 I okay I'll I'll need a motion to adopt 613 00:27:38,679 --> 00:27:40,720 final subdivision approval with a 614 00:27:40,720 --> 00:27:43,480 placeholder for the fees agreed to by 615 00:27:43,480 --> 00:27:45,519 the engineering department Mr chairman 616 00:27:45,519 --> 00:27:49,039 I'll make a a uh resolution uh final 617 00:27:49,039 --> 00:27:50,960 subdivision approval resolution of the 618 00:27:50,960 --> 00:27:53,039 planning board of the town of Carl 619 00:27:53,039 --> 00:27:54,360 number 620 00:27:54,360 --> 00:28:00,640 25-4 January 9 2025 tax M number 621 00:28:00,640 --> 00:28:04,480 74121 d33 fry 622 00:28:04,480 --> 00:28:09,320 subdivision second all in favor I I okay 623 00:28:09,320 --> 00:28:26,430 thank you thank you all 624 00:28:26,440 --> 00:28:35,590 right Jack please don't bre the 625 00:28:35,600 --> 00:28:38,080 equipment you're up too Jack 626 00:28:38,080 --> 00:28:42,750 next 627 00:28:42,760 --> 00:28:46,919 okay next up on the agenda is uh 628 00:28:46,919 --> 00:28:52,669 Franco cury PMA 108 Barrett Hill 629 00:28:52,679 --> 00:28:56,519 Ro we'll take a pause you're only on for 630 00:28:56,519 --> 00:28:59,080 Resolutions you may not on for a 631 00:28:59,080 --> 00:29:02,000 resolution we may not get to look we 632 00:29:02,000 --> 00:29:05,269 need an engineer to 633 00:29:05,279 --> 00:29:08,679 help Jack that was good that's true 634 00:29:08,679 --> 00:29:11,760 there we go I'll get down don't breathe 635 00:29:11,760 --> 00:29:14,799 next we okay so this is on for this is 636 00:29:14,799 --> 00:29:17,200 on for a resolution uh Mike I believe 637 00:29:17,200 --> 00:29:19,799 you had no comments as well no comments 638 00:29:19,799 --> 00:29:21,960 on this this is a regrading and it's on 639 00:29:21,960 --> 00:29:22,720 for 640 00:29:22,720 --> 00:29:24,320 resolution well comments have been 641 00:29:24,320 --> 00:29:26,360 addressed there you have the regrading 642 00:29:26,360 --> 00:29:28,320 resolution before you Mr chairman thank 643 00:29:28,320 --> 00:29:30,640 you P so I'll need a motion to adopt de 644 00:29:30,640 --> 00:29:32,799 grading appr there any questions from 645 00:29:32,799 --> 00:29:35,640 the board we have any on this then I'll 646 00:29:35,640 --> 00:29:37,200 need a motion to adopt a regrading 647 00:29:37,200 --> 00:29:39,679 approval resolution Mr chairman I'll 648 00:29:39,679 --> 00:29:41,120 offer the resolution of the planed Board 649 00:29:41,120 --> 00:29:44,480 of town to call M number 25 tx07 dated 9 650 00:29:44,480 --> 00:29:47,679 January 2025 reference tax ma number 53 651 00:29:47,679 --> 00:29:51,799 decimal 17 Tac 1 t27 108 that's 108 652 00:29:51,799 --> 00:29:55,440 Barrett Hill Road regrading plan second 653 00:29:55,440 --> 00:29:58,559 all in favor thank you okay thank you 654 00:29:58,559 --> 00:30:22,350 very much hope I can keep going don't 655 00:30:22,360 --> 00:30:23,880 tou 656 00:30:23,880 --> 00:30:28,679 okay next up on uh the agenda is America 657 00:30:28,679 --> 00:30:32,000 Sereno 206 East Lake Boulevard this is 658 00:30:32,000 --> 00:30:36,710 on for uh final site plan 659 00:30:36,720 --> 00:30:38,559 resolution all my comments have been 660 00:30:38,559 --> 00:30:40,679 addressed this is on for final 661 00:30:40,679 --> 00:30:43,440 approval same here and you have a 662 00:30:43,440 --> 00:30:46,360 resolution Mr chairman thank 663 00:30:46,360 --> 00:30:48,799 you anything you have for the 664 00:30:48,799 --> 00:30:51,039 board any questions from the board on 665 00:30:51,039 --> 00:30:53,919 this no no okay then I'll need a motion 666 00:30:53,919 --> 00:30:56,240 to adopt final site plan 667 00:30:56,240 --> 00:30:58,760 approval uh Mr chair I'll offer the 668 00:30:58,760 --> 00:31:00,240 resolution of the planning board of the 669 00:31:00,240 --> 00:31:02,480 town of Carmel number 670 00:31:02,480 --> 00:31:05,120 25-06 uh January 9th 671 00:31:05,120 --> 00:31:09,559 2025 tax map number 65.1 672 00:31:09,559 --> 00:31:13,080 17-16 Sereno Boat House 206 East Lake 673 00:31:13,080 --> 00:31:16,240 Boulevard final site planine thank you 674 00:31:16,240 --> 00:31:17,919 all in favor 675 00:31:17,919 --> 00:31:19,960 I thank 676 00:31:19,960 --> 00:31:37,909 you a thank you 677 00:31:37,919 --> 00:31:40,679 good okay next up we have uh Marcel 678 00:31:40,679 --> 00:31:44,559 cerillo 1849 Route 6 this is on for a 679 00:31:44,559 --> 00:31:49,509 final site plan approval 680 00:31:49,519 --> 00:31:52,279 resolution good 681 00:31:52,279 --> 00:31:54,279 evening okay again this is on for a 682 00:31:54,279 --> 00:31:57,159 resolution like yet no comments same 683 00:31:57,159 --> 00:31:58,799 it's on for a resol res olution all my 684 00:31:58,799 --> 00:32:01,320 comments have been addressed okay all 685 00:32:01,320 --> 00:32:03,480 comments addressed and you have the 686 00:32:03,480 --> 00:32:06,000 resolution thank 687 00:32:06,000 --> 00:32:11,350 you any questions from the bo 688 00:32:11,360 --> 00:32:13,279 no 689 00:32:13,279 --> 00:32:18,950 missing don't have I don't 690 00:32:18,960 --> 00:32:22,000 know do you have the resolution he's got 691 00:32:22,000 --> 00:32:26,480 it you's got it he's got it okay let's 692 00:32:26,480 --> 00:32:36,830 make sure 693 00:32:36,840 --> 00:32:40,320 okay both Mr chairman I make a 694 00:32:40,320 --> 00:32:42,639 resolution to approve tax map number 695 00:32:42,639 --> 00:32:44,159 55-1 696 00:32:44,159 --> 00:32:49,080 0-1 D16 cillo 1849 Route 6 final site 697 00:32:49,080 --> 00:32:54,279 Fran approval second all in favor 698 00:32:54,279 --> 00:32:57,399 I thank you are you all set thank you 699 00:32:57,399 --> 00:33:00,990 very much thank you thank 700 00:33:01,000 --> 00:33:04,120 you wanted a two recess with yeah we're 701 00:33:04,120 --> 00:33:05,679 going to take a quick recess just to set 702 00:33:05,679 --> 00:33:26,750 up for the next uh 703 00:33:26,760 --> 00:33:56,710 applicant 704 00:33:56,720 --> 00:36:16,670 e e 705 00:36:16,680 --> 00:36:19,720 okay um we're going to continue now next 706 00:36:19,720 --> 00:36:24,119 on the agenda is New York smsa limited 707 00:36:24,119 --> 00:36:26,000 partnership doing business as Verizon 708 00:36:26,000 --> 00:36:28,079 Wireless Glen Common 709 00:36:28,079 --> 00:36:33,040 Lake um this is on for a to adopt a 710 00:36:33,040 --> 00:36:39,230 secret negative declaration 711 00:36:39,240 --> 00:36:41,599 resolution I believe we have no comments 712 00:36:41,599 --> 00:36:43,720 from Mike I have no comments it's on for 713 00:36:43,720 --> 00:36:45,960 Seeker same here no comment and you have 714 00:36:45,960 --> 00:36:47,520 the draft resolution before you Mr 715 00:36:47,520 --> 00:36:50,960 chairman thank you um Mr gordos anything 716 00:36:50,960 --> 00:36:53,200 you want to just go 717 00:36:53,200 --> 00:36:55,720 over I have a little trouble hearing you 718 00:36:55,720 --> 00:36:58,079 but if the question was whether I had 719 00:36:58,079 --> 00:37:02,920 any comments uh no we do not thank you any questions or comments from 720 00:37:02,920 --> 00:37:04,319 the 721 00:37:04,319 --> 00:37:07,079 board okay if not then I will need a 722 00:37:07,079 --> 00:37:08,800 motion to adopt the Seeker negative 723 00:37:08,800 --> 00:37:12,390 declaration 724 00:37:12,400 --> 00:37:14,599 resolution Mr chairman I'll make a 725 00:37:14,599 --> 00:37:16,000 motion to adopt the resolution of the 726 00:37:16,000 --> 00:37:17,880 planning board of the town of Carmel 727 00:37:17,880 --> 00:37:20,240 25-2 January 9th 728 00:37:20,240 --> 00:37:22,560 2025 tax map 729 00:37:22,560 --> 00:37:27,960 87.5 d190 or- 90 New York uh LED 730 00:37:27,960 --> 00:37:29,599 partnership doing business as Verizon 731 00:37:29,599 --> 00:37:32,240 Wireless and Homeland Towers LLC Glen 732 00:37:32,240 --> 00:37:35,119 aoma Lake site plan secret determination 733 00:37:35,119 --> 00:37:36,880 of significance negative 734 00:37:36,880 --> 00:37:40,200 declaration I second okay what we'll do 735 00:37:40,200 --> 00:37:41,400 here we're going to need a roll call 736 00:37:41,400 --> 00:37:43,599 vote so Pat would you take the roll call 737 00:37:43,599 --> 00:37:46,390 please 738 00:37:46,400 --> 00:37:52,760 sure uh let's go John hi for Bob hi Ray 739 00:37:52,760 --> 00:38:01,230 hi Vicki hi Nick hi Mr chairman hi 60 740 00:38:01,240 --> 00:38:02,800 thank you for your time this evening all 741 00:38:02,800 --> 00:38:08,430 right thank 742 00:38:08,440 --> 00:38:13,990 you go back to 743 00:38:14,000 --> 00:38:17,040 that okay uh Centennial uh has been 744 00:38:17,040 --> 00:38:20,000 removed from the agenda um so we'll move 745 00:38:20,000 --> 00:38:24,560 on to uh site plan uh Carl residential 746 00:38:24,560 --> 00:38:27,800 119 Seminary Hill Road this is a Central 747 00:38:27,800 --> 00:39:12,829 site plan 748 00:39:12,839 --> 00:39:16,000 good evening 749 00:39:16,000 --> 00:39:19,319 um want say yeah uh Zach Pearson Insight 750 00:39:19,319 --> 00:39:21,040 engineering here on behalf of the owner 751 00:39:21,040 --> 00:39:25,640 uh NES LSC LLC uh for karma residential 752 00:39:25,640 --> 00:39:27,640 um just a I guess I could ref fresh 753 00:39:27,640 --> 00:39:29,720 where we left off with you guys uh 754 00:39:29,720 --> 00:39:32,839 before you in October uh heard the 755 00:39:32,839 --> 00:39:35,640 board's concerns got the consultant memo 756 00:39:35,640 --> 00:39:38,359 comments um heard that you know the 757 00:39:38,359 --> 00:39:42,560 visual aspect or Aesthetics of this was was an issue that we needed to study 758 00:39:42,560 --> 00:39:44,720 further um studied a or did an 759 00:39:44,720 --> 00:39:46,800 additional balloon test in a leaf off 760 00:39:46,800 --> 00:39:50,200 condition um and provided an updated uh 761 00:39:50,200 --> 00:39:53,520 Aesthetics resources can I just pause 762 00:39:53,520 --> 00:39:56,680 you there yeah thank you um Mike you 763 00:39:56,680 --> 00:39:59,119 want I know you memo comments first I 764 00:39:59,119 --> 00:40:00,960 have to correct the first comment I said 765 00:40:00,960 --> 00:40:02,240 is there a reason they only answered two 766 00:40:02,240 --> 00:40:04,560 of my comments there were two separate 767 00:40:04,560 --> 00:40:06,520 replies I only saw the one I think it 768 00:40:06,520 --> 00:40:08,359 was for the subdivision not for the site 769 00:40:08,359 --> 00:40:11,079 plan so they did answer them but they I 770 00:40:11,079 --> 00:40:14,520 spoke to Mike in Highway uh Mike Stern I 771 00:40:14,520 --> 00:40:16,040 asked him about the road and he said 772 00:40:16,040 --> 00:40:17,760 he's not interested in having a road of 773 00:40:17,760 --> 00:40:19,480 that nature so I don't know if you can 774 00:40:19,480 --> 00:40:21,119 talk to your client they don't want to 775 00:40:21,119 --> 00:40:23,599 maintain this road so um they can go 776 00:40:23,599 --> 00:40:27,319 back to design this as a um not as a 777 00:40:27,319 --> 00:40:29,839 Private Road ASO as opposed to a town or 778 00:40:29,839 --> 00:40:31,760 whatever kind they were going to do and 779 00:40:31,760 --> 00:40:34,040 the other thing was we spoke about the 780 00:40:34,040 --> 00:40:36,440 fire department 781 00:40:36,440 --> 00:40:38,599 um I can't think who I spoke to in your 782 00:40:38,599 --> 00:40:40,920 office Don yeah and Don said they spoke 783 00:40:40,920 --> 00:40:42,760 to the fire department I just asked for 784 00:40:42,760 --> 00:40:44,359 something writing for the file that's so 785 00:40:44,359 --> 00:40:46,200 we can put it in there otherwise all the 786 00:40:46,200 --> 00:40:48,640 other answers we discussed and uh we 787 00:40:48,640 --> 00:40:49,760 were talking about buffers by the 788 00:40:49,760 --> 00:40:52,880 basketball court it looks like they're willing to do something over 789 00:40:52,880 --> 00:40:55,160 there yeah we did some uh vegetative 790 00:40:55,160 --> 00:40:58,079 screening on there I believe it's 35 ft 791 00:40:58,079 --> 00:41:00,440 and planted you know yeah if you live 792 00:41:00,440 --> 00:41:01,599 next door and there's a kid out there 793 00:41:01,599 --> 00:41:03,319 boing boing all day that could drive you 794 00:41:03,319 --> 00:41:05,079 a little nuts so I guess that's pretty 795 00:41:05,079 --> 00:41:06,839 much why I was asking for that right and 796 00:41:06,839 --> 00:41:08,560 we just we did meet with the fire 797 00:41:08,560 --> 00:41:10,000 department ahead of our initial 798 00:41:10,000 --> 00:41:11,680 submission um that was kind of 799 00:41:11,680 --> 00:41:14,079 summarized in our first submission but 800 00:41:14,079 --> 00:41:15,640 we can certainly get that in writing and 801 00:41:15,640 --> 00:41:16,800 they'll just give you tips on where to 802 00:41:16,800 --> 00:41:19,319 put the hydrants and maybe if they have 803 00:41:19,319 --> 00:41:20,800 a problem you turn around you know that 804 00:41:20,800 --> 00:41:22,119 would be the only other 805 00:41:22,119 --> 00:41:24,319 issue all the stuff was on the plans 806 00:41:24,319 --> 00:41:26,400 already but we we can get their 807 00:41:26,400 --> 00:41:27,920 clarification yeah something about 808 00:41:27,920 --> 00:41:29,440 additional parking spaces as well 809 00:41:29,440 --> 00:41:30,680 correct yeah they did that though they 810 00:41:30,680 --> 00:41:32,720 added additional parking and they have 811 00:41:32,720 --> 00:41:34,480 parking by the clubhouse as well so 812 00:41:34,480 --> 00:41:36,560 there is additional um gas parking just 813 00:41:36,560 --> 00:41:40,839 real quick we added uh three spaces up near the turnaround this this was 814 00:41:40,839 --> 00:41:42,160 additional parking that was added in 815 00:41:42,160 --> 00:41:43,599 this location and we pushed a little bit 816 00:41:43,599 --> 00:41:45,960 out there as well I forget the total 817 00:41:45,960 --> 00:41:47,560 additional I think it was a 12 or it's a 818 00:41:47,560 --> 00:41:49,560 bunch but it's not required it's just 819 00:41:49,560 --> 00:41:51,720 that every one of these developments I 820 00:41:51,720 --> 00:41:53,880 get the calls my neighbor had a party 821 00:41:53,880 --> 00:41:55,240 and there were cars parked up and down 822 00:41:55,240 --> 00:41:56,760 the road and we couldn't get by and you 823 00:41:56,760 --> 00:41:58,240 know so that's why I asked for a little 824 00:41:58,240 --> 00:42:00,160 extra maybe in the new code when we're 825 00:42:00,160 --> 00:42:01,920 doing it we're going to require an extra 826 00:42:01,920 --> 00:42:03,800 half a spot per unit that'll that'll fix 827 00:42:03,800 --> 00:42:06,430 it 828 00:42:06,440 --> 00:42:10,040 too you have anything else 829 00:42:10,040 --> 00:42:13,920 mik that's it I'm sorry rich I you had 830 00:42:13,920 --> 00:42:15,839 well I I have comments this is still in 831 00:42:15,839 --> 00:42:17,200 a preliminary phase on the grand 832 00:42:17,200 --> 00:42:18,960 scheming thing so two applications were 833 00:42:18,960 --> 00:42:21,160 submitted one is for a subdivision one 834 00:42:21,160 --> 00:42:23,640 is for a site plan I'm pretty anal I 835 00:42:23,640 --> 00:42:25,359 like to have the whole subdivision no 836 00:42:25,359 --> 00:42:27,640 matter what's backing it up be as an 837 00:42:27,640 --> 00:42:30,079 entire package in this case I had to uh 838 00:42:30,079 --> 00:42:31,839 go back and forth between the site plan 839 00:42:31,839 --> 00:42:33,720 and whatnot and so kind of addressing 840 00:42:33,720 --> 00:42:35,599 what Mike said he was answering 841 00:42:35,599 --> 00:42:37,079 questions that he asked but they would 842 00:42:37,079 --> 00:42:38,599 answered in the site plan versus the 843 00:42:38,599 --> 00:42:40,480 subdivision so it was kind of a little 844 00:42:40,480 --> 00:42:42,200 confusing that way and would' like to 845 00:42:42,200 --> 00:42:44,640 have a submission as a full submission I 846 00:42:44,640 --> 00:42:47,280 know it kills more trees but it keeps it 847 00:42:47,280 --> 00:42:50,079 clean um as for the 848 00:42:50,079 --> 00:42:53,280 subdivision um you know there's comments 849 00:42:53,280 --> 00:42:55,599 there that need to be moving forward uh 850 00:42:55,599 --> 00:42:57,280 but it's more the site plan that we want 851 00:42:57,280 --> 00:43:00,000 to talk about uh they've uh started 852 00:43:00,000 --> 00:43:02,520 addressing the comments the road is one 853 00:43:02,520 --> 00:43:05,520 of the big issues um uh that I guess 854 00:43:05,520 --> 00:43:07,640 Mike just talked to superintendent Stern 855 00:43:07,640 --> 00:43:11,359 about ownership uh if you know the other 856 00:43:11,359 --> 00:43:13,000 thing is is is the town going to own the 857 00:43:13,000 --> 00:43:14,559 water and sewer here right if it's not 858 00:43:14,559 --> 00:43:16,760 going to be a Town Road the town may not 859 00:43:16,760 --> 00:43:18,640 take ownership of the water and sewer 860 00:43:18,640 --> 00:43:20,559 that's the thing uh the storm water 861 00:43:20,559 --> 00:43:22,800 infrastructure would be the homeowners 862 00:43:22,800 --> 00:43:25,880 association um you have those type of 863 00:43:25,880 --> 00:43:27,400 issues that kind of need to be talked 864 00:43:27,400 --> 00:43:29,680 about and addressed uh the other P issue 865 00:43:29,680 --> 00:43:31,599 is in in one of my in my memo for the 866 00:43:31,599 --> 00:43:33,520 site plan uh 867 00:43:33,520 --> 00:43:35,640 ultimately both the sewer and water 868 00:43:35,640 --> 00:43:37,079 we're going to and for traffic we're 869 00:43:37,079 --> 00:43:39,119 going to ask for escrow to be put up so 870 00:43:39,119 --> 00:43:40,800 that it can be assessed it's not 871 00:43:40,800 --> 00:43:43,480 assessing the plan that inside is put 872 00:43:43,480 --> 00:43:44,720 forward they know what they're doing 873 00:43:44,720 --> 00:43:46,520 with that it's an assessment of the 874 00:43:46,520 --> 00:43:49,359 capacity of our infrastructure uh that 875 00:43:49,359 --> 00:43:51,359 sewage is going to go to a pump station 876 00:43:51,359 --> 00:43:53,720 don't know if that pump station is 877 00:43:53,720 --> 00:43:55,680 sufficient for it we did that for 878 00:43:55,680 --> 00:43:57,839 Centennial this isn't the first time 879 00:43:57,839 --> 00:44:01,280 we've looked at that when you have uh 880 00:44:01,280 --> 00:44:04,119 you know subdivisions and site plans of 881 00:44:04,119 --> 00:44:06,559 this nature it's a different ball game 882 00:44:06,559 --> 00:44:08,200 single family homes or four five 883 00:44:08,200 --> 00:44:10,680 bedroomroom homes different story than 884 00:44:10,680 --> 00:44:12,240 what they're adding here so that 885 00:44:12,240 --> 00:44:14,480 assessment of our infrastructure needs 886 00:44:14,480 --> 00:44:16,880 to really be looked at um we have you 887 00:44:16,880 --> 00:44:18,440 know again we have a comprehensive plan 888 00:44:18,440 --> 00:44:20,200 that's coming out there that says you 889 00:44:20,200 --> 00:44:23,359 know build baby build uh in in our sewer 890 00:44:23,359 --> 00:44:24,960 and water areas but our sewer and water 891 00:44:24,960 --> 00:44:27,400 areas can only handle so much can only 892 00:44:27,400 --> 00:44:29,000 give you so much water I can't you can't 893 00:44:29,000 --> 00:44:30,640 turn on the tap and have more water 894 00:44:30,640 --> 00:44:32,680 Vicki can attest to that over on Duke 895 00:44:32,680 --> 00:44:34,400 Drive she has her issues when they built 896 00:44:34,400 --> 00:44:37,160 that over there right so those are the 897 00:44:37,160 --> 00:44:38,800 bigger comments that need to be looked 898 00:44:38,800 --> 00:44:40,640 at so I would recommend maybe starting 899 00:44:40,640 --> 00:44:42,079 with the escrow to move forward with 900 00:44:42,079 --> 00:44:44,079 sewer and water I think the road 901 00:44:44,079 --> 00:44:45,599 dedication is a big thing maybe they 902 00:44:45,599 --> 00:44:47,720 want to meet with the superintendent the 903 00:44:47,720 --> 00:44:49,559 suggestion on the road dedication if 904 00:44:49,559 --> 00:44:50,839 it's not going to be dedicated to the 905 00:44:50,839 --> 00:44:52,839 town I would still build at the Town 906 00:44:52,839 --> 00:44:55,319 specs someday in the future maybe the 907 00:44:55,319 --> 00:44:57,640 future the next superintendent may want 908 00:44:57,640 --> 00:44:59,720 it but it you know it'll be a different 909 00:44:59,720 --> 00:45:01,240 animal and they have to do more work as 910 00:45:01,240 --> 00:45:03,160 a homeowners association put the money 911 00:45:03,160 --> 00:45:04,839 up front now then they don't have to 912 00:45:04,839 --> 00:45:07,319 worry about it in the future but again 913 00:45:07,319 --> 00:45:08,839 that's up to the developer and that's up 914 00:45:08,839 --> 00:45:10,640 to all the various people that'll be 915 00:45:10,640 --> 00:45:13,040 involved that's what I got right now all 916 00:45:13,040 --> 00:45:15,640 right thank you and in October Mr 917 00:45:15,640 --> 00:45:16,800 chairman when they made the initial 918 00:45:16,800 --> 00:45:18,720 submission the first thing you started 919 00:45:18,720 --> 00:45:20,839 considering was how to deal with Seeker 920 00:45:20,839 --> 00:45:22,559 um so obviously you have two routes to 921 00:45:22,559 --> 00:45:24,400 pursue an application like this moving 922 00:45:24,400 --> 00:45:26,240 toward a negative declaration or a 923 00:45:26,240 --> 00:45:27,559 positive declaration where they would do 924 00:45:27,559 --> 00:45:29,119 a full environmental impact statement 925 00:45:29,119 --> 00:45:31,280 this is a large project so you've given 926 00:45:31,280 --> 00:45:33,040 the the developer the benefit of the 927 00:45:33,040 --> 00:45:35,720 doubt by saying we have some issues tell 928 00:45:35,720 --> 00:45:37,319 us about those issues so the first and 929 00:45:37,319 --> 00:45:39,880 foremost one related to the aesthetic 930 00:45:39,880 --> 00:45:41,720 issues associated with the project so 931 00:45:41,720 --> 00:45:43,040 Zach I'm sure he'll talk about it in a 932 00:45:43,040 --> 00:45:44,319 minute they've done some work with 933 00:45:44,319 --> 00:45:45,880 respect to that it needs to be done 934 00:45:45,880 --> 00:45:47,280 there's a little more work that needs to 935 00:45:47,280 --> 00:45:49,880 be done with respect to that um but I 936 00:45:49,880 --> 00:45:51,599 think it would be prudent to bring in as 937 00:45:51,599 --> 00:45:54,240 Rich indicated our um engineering 938 00:45:54,240 --> 00:45:55,800 consultants and our traffic Consultants 939 00:45:55,800 --> 00:45:57,599 to help us with the disc discuss of 940 00:45:57,599 --> 00:45:59,160 whether they need an impact statement or 941 00:45:59,160 --> 00:46:02,800 not um so that's an ongoing conversation 942 00:46:02,800 --> 00:46:05,280 um and I think that's that's in the 943 00:46:05,280 --> 00:46:07,119 meantime we can make progress on some of 944 00:46:07,119 --> 00:46:08,960 these technical issues as well so we're 945 00:46:08,960 --> 00:46:11,359 not delaying anybody or anything but 946 00:46:11,359 --> 00:46:12,599 ultimately you're going to have to get 947 00:46:12,599 --> 00:46:14,880 your arms around whether or not you we 948 00:46:14,880 --> 00:46:16,280 requiring an environmental impact 949 00:46:16,280 --> 00:46:18,800 statement or not thank 950 00:46:18,800 --> 00:46:21,599 you yeah just 951 00:46:21,599 --> 00:46:24,359 to a couple things what's what BR what's 952 00:46:24,359 --> 00:46:26,319 the mechanism for the escrow to get that 953 00:46:26,319 --> 00:46:28,440 started just is it through the board 954 00:46:28,440 --> 00:46:30,040 well Rose will be in on Monday you work 955 00:46:30,040 --> 00:46:32,000 with rose I think there's a a value of 956 00:46:32,000 --> 00:46:34,079 typically 7500 bucks for each of I don't 957 00:46:34,079 --> 00:46:35,280 know what we do for traffic but for 958 00:46:35,280 --> 00:46:38,200 water and sewer it's about 7 500 bucks 959 00:46:38,200 --> 00:46:40,760 you'll submit all the paperwork uh as 960 00:46:40,760 --> 00:46:42,240 part of what you're doing specifically 961 00:46:42,240 --> 00:46:44,359 for water and sewer which you have 962 00:46:44,359 --> 00:46:46,400 individual reports but you need the 963 00:46:46,400 --> 00:46:48,880 supporting documentation for it they'll 964 00:46:48,880 --> 00:46:51,359 review that make comments to it and then 965 00:46:51,359 --> 00:46:52,680 you'll have to start addressing those 966 00:46:52,680 --> 00:46:56,359 comments yeah that's fine so it's it's kind of like the traffic consultant 967 00:46:56,359 --> 00:46:57,520 we sit down 968 00:46:57,520 --> 00:47:00,319 SE just to ref I mean we provided an 969 00:47:00,319 --> 00:47:02,839 expanded eaf with our initial submission 970 00:47:02,839 --> 00:47:04,720 that was I don't know how many pages it 971 00:47:04,720 --> 00:47:07,079 was 300 Pages you know the traffic 972 00:47:07,079 --> 00:47:09,880 discussion is is in there and address 973 00:47:09,880 --> 00:47:12,400 well we no we think it's addressed the 974 00:47:12,400 --> 00:47:14,280 visual analysis which we heard at the 975 00:47:14,280 --> 00:47:16,160 initial meeting from you guys was a was 976 00:47:16,160 --> 00:47:18,559 a concern that needed more information 977 00:47:18,559 --> 00:47:20,559 and we provided some and we can talk 978 00:47:20,559 --> 00:47:22,440 about that you know there there's a lot 979 00:47:22,440 --> 00:47:24,839 of documentation there that we really 980 00:47:24,839 --> 00:47:27,240 haven't gotten a lot of comments on on 981 00:47:27,240 --> 00:47:29,839 to date and I know that the water and 982 00:47:29,839 --> 00:47:31,839 sewer is going to be you know pushed out 983 00:47:31,839 --> 00:47:34,200 to Consultants with escar i i we totally 984 00:47:34,200 --> 00:47:36,119 understand that but there's a 985 00:47:36,119 --> 00:47:38,040 significant amount of info there so I'll 986 00:47:38,040 --> 00:47:40,839 confirm they they submitted a a quality 987 00:47:40,839 --> 00:47:42,880 package of information but we need to go 988 00:47:42,880 --> 00:47:44,520 through that in a very deliberate 989 00:47:44,520 --> 00:47:46,240 methodical manner to make sure we're 990 00:47:46,240 --> 00:47:48,599 making the right decisions here so oh 991 00:47:48,599 --> 00:47:49,920 it's not criticism Zach what you 992 00:47:49,920 --> 00:47:51,480 submitted it's that we may need to 993 00:47:51,480 --> 00:47:53,800 repackage that or or develop it in a in 994 00:47:53,800 --> 00:47:57,720 a more thorough manner understood 995 00:47:57,720 --> 00:47:59,880 so just if you want me to get into the 996 00:47:59,880 --> 00:48:02,119 visual stuff a little bit or I can take 997 00:48:02,119 --> 00:48:03,200 questions from the board however yeah 998 00:48:03,200 --> 00:48:04,319 let's take some 999 00:48:04,319 --> 00:48:07,920 questions um it anybody have any 1000 00:48:07,920 --> 00:48:10,559 questions the uh basketball court how 1001 00:48:10,559 --> 00:48:15,589 close is it to the closest 1002 00:48:15,599 --> 00:48:19,960 structure existing yeah my eyes are to 1003 00:48:19,960 --> 00:48:23,760 the left is exis yeah I that's 1004 00:48:23,760 --> 00:48:28,000 like over 100 fet over 100 ft the 1005 00:48:28,000 --> 00:48:29,880 existing this existing building here 1006 00:48:29,880 --> 00:48:32,319 yeah it's 100 ft topographically is it 1007 00:48:32,319 --> 00:48:34,680 higher or lower I think would be higher 1008 00:48:34,680 --> 00:48:36,359 right we're yeah we're above them you 1009 00:48:36,359 --> 00:48:38,800 were above above correct 1010 00:48:38,800 --> 00:48:42,520 yep can you turn to the page that uh 1011 00:48:42,520 --> 00:48:46,800 shows the uh you had sketched in uh a 1012 00:48:46,800 --> 00:48:49,640 roof line from the view from Route Six 1013 00:48:49,640 --> 00:48:52,559 yeah absolutely the the visual yeah yeah 1014 00:48:52,559 --> 00:49:14,270 yep 1015 00:49:14,280 --> 00:49:17,559 I think that's it no this this is from 1016 00:49:17,559 --> 00:49:20,829 Street 1017 00:49:20,839 --> 00:49:29,230 no okay okay okay got it 1018 00:49:29,240 --> 00:49:30,400 right and I think this was actually one 1019 00:49:30,400 --> 00:49:33,839 of Pat's comments number 10 1020 00:49:33,839 --> 00:49:36,960 so this label proposed Town Homes Beyond 1021 00:49:36,960 --> 00:49:39,240 right so these trees that you see 1022 00:49:39,240 --> 00:49:42,319 directly behind PTY this is the 1023 00:49:42,319 --> 00:49:44,640 elevation of the buildings Beyond those 1024 00:49:44,640 --> 00:49:46,520 trees that you see right tight to the 1025 00:49:46,520 --> 00:49:52,720 back of the existing development the the solid line is the the new 1026 00:49:52,720 --> 00:49:55,520 developments roof line excuse yes the 1027 00:49:55,520 --> 00:49:57,359 solid blue line is is the buildings 1028 00:49:57,359 --> 00:49:59,319 placed where they would sit looking 1029 00:49:59,319 --> 00:50:02,359 Beyond right the red dots is the grade 1030 00:50:02,359 --> 00:50:04,319 but as you can see in the image 1031 00:50:04,319 --> 00:50:06,319 obviously like this one's an easy one 1032 00:50:06,319 --> 00:50:07,480 for example right there's not going to 1033 00:50:07,480 --> 00:50:08,960 be a building over top of an existing 1034 00:50:08,960 --> 00:50:11,319 building it sits behind those behind 1035 00:50:11,319 --> 00:50:13,079 this building behind the trees that are 1036 00:50:13,079 --> 00:50:14,119 right tight to the back of the 1037 00:50:14,119 --> 00:50:17,599 development but but there's a there's an 1038 00:50:17,599 --> 00:50:19,920 extensive amount 1039 00:50:19,920 --> 00:50:22,920 of new development at just below the 1040 00:50:22,920 --> 00:50:25,520 bridge line that will be visible from 1041 00:50:25,520 --> 00:50:27,160 Route Six that 1042 00:50:27,160 --> 00:50:30,559 is not there now right no the there's 1043 00:50:30,559 --> 00:50:32,200 tree there's trees here that's not that 1044 00:50:32,200 --> 00:50:33,839 are not there's trees between us and 1045 00:50:33,839 --> 00:50:37,720 this property this we sit Beyond lower 1046 00:50:37,720 --> 00:50:40,119 and it goes into a it goes up and back 1047 00:50:40,119 --> 00:50:43,559 down we sit we sit we gave this a 1048 00:50:43,559 --> 00:50:45,760 representative of where it would be but 1049 00:50:45,760 --> 00:50:48,960 if you can see the trees right Beyond 1050 00:50:48,960 --> 00:50:52,520 this so I so so we could have presented 1051 00:50:52,520 --> 00:50:54,520 this and just showed you you won't see 1052 00:50:54,520 --> 00:50:56,640 it because is py in the foreground or 1053 00:50:56,640 --> 00:50:58,160 background B is in the foreground see 1054 00:50:58,160 --> 00:51:00,079 all the houses all the all the houses 1055 00:51:00,079 --> 00:51:04,799 here that's all in the foreground so so maybe I'm misinterpreting it but I'm 1056 00:51:04,799 --> 00:51:07,400 under the impression that that solid 1057 00:51:07,400 --> 00:51:10,839 blue line is the roof line that will be 1058 00:51:10,839 --> 00:51:15,040 visible from roof it's the roof line at 1059 00:51:15,040 --> 00:51:18,079 the elevation Beyond where this 1060 00:51:18,079 --> 00:51:20,680 development is it's like a n so it comes 1061 00:51:20,680 --> 00:51:22,200 up and then back down and back up it's 1062 00:51:22,200 --> 00:51:24,160 in the lower spot so the buildings in 1063 00:51:24,160 --> 00:51:26,720 front are here the buildings that buing 1064 00:51:26,720 --> 00:51:28,960 below and behind and then the hill goes 1065 00:51:28,960 --> 00:51:31,119 up behind that right so so effectively 1066 00:51:31,119 --> 00:51:32,599 this part of the hill this hill is kind 1067 00:51:32,599 --> 00:51:34,559 of even with where PTI is but these 1068 00:51:34,559 --> 00:51:38,400 treat think so I think that sitting down 1069 00:51:38,400 --> 00:51:40,079 so so you're saying you put the line 1070 00:51:40,079 --> 00:51:41,760 there just so we know where the line is 1071 00:51:41,760 --> 00:51:43,599 but in fact we wouldn't really see that 1072 00:51:43,599 --> 00:51:45,480 line correct if you drew the line where 1073 00:51:45,480 --> 00:51:46,920 the property is 1074 00:51:46,920 --> 00:51:49,280 correct so you couldn't see those those 1075 00:51:49,280 --> 00:51:51,160 houses from that angle if you're driving 1076 00:51:51,160 --> 00:51:53,599 down Route Six correct the trees based 1077 00:51:53,599 --> 00:51:55,079 on the study that was done the trees 1078 00:51:55,079 --> 00:51:56,799 they're higher than the actual roof 1079 00:51:56,799 --> 00:51:58,280 right the trees in through here which 1080 00:51:58,280 --> 00:51:59,920 are which are tight to the back of the 1081 00:51:59,920 --> 00:52:01,799 existing development are not we're not 1082 00:52:01,799 --> 00:52:03,359 touching those they're not so how do we 1083 00:52:03,359 --> 00:52:05,040 get a 1084 00:52:05,040 --> 00:52:08,040 visual I I I don't mean to be pejorative 1085 00:52:08,040 --> 00:52:10,319 but without that confusion how do we how 1086 00:52:10,319 --> 00:52:12,680 do we get a visual of what this thing 1087 00:52:12,680 --> 00:52:14,599 looks like or doesn't look like from 1088 00:52:14,599 --> 00:52:15,400 Route 1089 00:52:15,400 --> 00:52:19,119 Six in other words I'm concerned and 1090 00:52:19,119 --> 00:52:22,319 uncomfortable the uh construction that 1091 00:52:22,319 --> 00:52:25,119 is now py is going to be duplicated on 1092 00:52:25,119 --> 00:52:27,119 that Ridge lineing to be visible from 1093 00:52:27,119 --> 00:52:30,319 boot six how do you satisfy the visual 1094 00:52:30,319 --> 00:52:33,910 that we're that I'm concerned 1095 00:52:33,920 --> 00:52:36,599 with yeah do an elevation and show them 1096 00:52:36,599 --> 00:52:37,839 on the elevation how it is there's a 1097 00:52:37,839 --> 00:52:39,720 cross-section that can be done there's a 1098 00:52:39,720 --> 00:52:41,280 cross-section that can be done from this 1099 00:52:41,280 --> 00:52:44,720 intersection to and through the py 1100 00:52:44,720 --> 00:52:46,400 development to our development was there 1101 00:52:46,400 --> 00:52:48,240 a balloon test performed yeah was there 1102 00:52:48,240 --> 00:52:50,880 was a balloon test perform we were there 1103 00:52:50,880 --> 00:52:53,280 and it was very windy it Lea leaf on and 1104 00:52:53,280 --> 00:52:55,359 leaf off yeah we were there in November 1105 00:52:55,359 --> 00:52:57,079 Take A View From this view you're 1106 00:52:57,079 --> 00:52:58,960 presenting tonight do you have a photo 1107 00:52:58,960 --> 00:53:00,799 of that balloon from 1108 00:53:00,799 --> 00:53:03,440 there I don't you wouldn't see it no we 1109 00:53:03,440 --> 00:53:05,200 were we were there when balloon test was 1110 00:53:05,200 --> 00:53:07,119 going on and it was so windy you 1111 00:53:07,119 --> 00:53:08,920 couldn't even you know the balloons were 1112 00:53:08,920 --> 00:53:10,359 going back and forth he even lost a 1113 00:53:10,359 --> 00:53:11,160 couple 1114 00:53:11,160 --> 00:53:14,319 balloons um and we had asked for this 1115 00:53:14,319 --> 00:53:15,359 type of 1116 00:53:15,359 --> 00:53:18,319 drawing uh to the gentlemen who were 1117 00:53:18,319 --> 00:53:21,160 there butn what I'm seeing 1118 00:53:21,160 --> 00:53:24,000 is it's not telling the story is what 1119 00:53:24,000 --> 00:53:27,280 you're saying no with with yeah I I 1120 00:53:27,280 --> 00:53:29,520 understand I I understand your concern 1121 00:53:29,520 --> 00:53:32,160 it's telling a story in that this is 1122 00:53:32,160 --> 00:53:33,920 what the elevations of the houses as 1123 00:53:33,920 --> 00:53:36,640 they would be beyond the development 1124 00:53:36,640 --> 00:53:39,119 correct but I Zach if you link this to 1125 00:53:39,119 --> 00:53:41,319 crosssections through there I that's the 1126 00:53:41,319 --> 00:53:43,280 way to display the if it's a you know 1127 00:53:43,280 --> 00:53:45,160 cross-section from here to to where it 1128 00:53:45,160 --> 00:53:48,640 is linked with the image you'll see that 1129 00:53:48,640 --> 00:53:51,799 you know these proposed houses would be 1130 00:53:51,799 --> 00:53:53,559 hundreds of feet beyond the py 1131 00:53:53,559 --> 00:53:54,839 development right this looks like it's 1132 00:53:54,839 --> 00:53:56,160 they're going to be right behind the 1133 00:53:56,160 --> 00:53:58,359 Beyond is not the issue it's do I see 1134 00:53:58,359 --> 00:54:01,480 them understood yeah yeah and you know 1135 00:54:01,480 --> 00:54:04,079 it's it's very complex because it's on a 1136 00:54:04,079 --> 00:54:07,200 ridge it's on the other Ridge behind P's 1137 00:54:07,200 --> 00:54:10,400 Ridge so you've got to get a a better 1138 00:54:10,400 --> 00:54:11,559 understanding of that it's not coming 1139 00:54:11,559 --> 00:54:14,589 through on these 1140 00:54:14,599 --> 00:54:17,240 images so I think Zach there's a little 1141 00:54:17,240 --> 00:54:18,599 bit more work you could do with this to 1142 00:54:18,599 --> 00:54:21,119 help us understand better 1143 00:54:21,119 --> 00:54:23,559 sure yeah and does the tree line change 1144 00:54:23,559 --> 00:54:24,640 because you're cutting away the hill 1145 00:54:24,640 --> 00:54:26,680 behind it for the development there the 1146 00:54:26,680 --> 00:54:29,040 tree line changes on our development it 1147 00:54:29,040 --> 00:54:32,680 doesn't change between us correct right 1148 00:54:32,680 --> 00:54:34,200 EXA could I offer another suggestion 1149 00:54:34,200 --> 00:54:36,079 perhaps if you were to model this with 1150 00:54:36,079 --> 00:54:38,119 just a simple SketchUp model with the 1151 00:54:38,119 --> 00:54:40,040 topography um that's threedimensional 1152 00:54:40,040 --> 00:54:42,599 and you can sort of move it around and 1153 00:54:42,599 --> 00:54:44,640 you could bring in you know that image 1154 00:54:44,640 --> 00:54:47,040 for us and we could sort of manipulate 1155 00:54:47,040 --> 00:54:49,040 it that may help just a thought if 1156 00:54:49,040 --> 00:54:50,599 that's if you have that 1157 00:54:50,599 --> 00:54:53,000 capability sure we do have computers and 1158 00:54:53,000 --> 00:54:57,200 TVs you can use so wild 1159 00:54:57,200 --> 00:54:59,839 Pat you had made a comment about um 1160 00:54:59,839 --> 00:55:02,520 lowering the bridge line uh and that it 1161 00:55:02,520 --> 00:55:05,400 would broaden the topography making it 1162 00:55:05,400 --> 00:55:07,760 more visible so is that going to be 1163 00:55:07,760 --> 00:55:09,520 addressed by this cross-sectional view 1164 00:55:09,520 --> 00:55:11,520 as well yeah and I think that's that's 1165 00:55:11,520 --> 00:55:14,240 gives it right and if there are concerns 1166 00:55:14,240 --> 00:55:16,520 how would you mitigate them okay so 1167 00:55:16,520 --> 00:55:19,880 that's exactly the point and so Zach 1168 00:55:19,880 --> 00:55:22,559 hasn't talked about