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Village of Tivoli
April 26, 2020
Present Also Present
Mike Billeci; Chairman Michele Greig
Pamela Morin Matt Wright
The meeting was held in the Historic Watts de Peyster Village Hall. It began at 7:02 PM.
10 Broadway – Subdivision
Mike Billeci began by stating that the village planner had reviewed the application. Michele Greig was present, and reviewed her memo. The application is to subdivide a 6.5 acre parcel into two parcels, creating one 2 acre parcel and one 4.5 acre parcel. The parcel to be divided is located in the R2A and the HO districts. There is an existing 2 family dwelling. The existing dwelling will remain on the smaller parcel.
Michele Greig confirmed that there was no minimum parcel size for a 2 family dwelling that would disallow the 2 acre parcel size. She confirmed that it was permissible by looking up the definition of a two family dwelling, and it counts as one dwelling.
For SEQR, it will be an unlisted action with several involved agencies including the County Dept of Public Works if a new driveway is desired, the DCWWA if there is water service at that location on Broadway, the County Dept of Health if a septic or well is needed.
It was unclear what water and sewer services are provided. the applicant is responsible for finding out. If there is no septic, Dept of Heatlth Approval will be required. If there is water service available from the DCWWA, hook-up will be required.
There are changes needed to the applicant’s short EAF.
It is a location of archeological interest, so the applicant will need to contact NYS Parks to request a sign-off letter for archeological resources.
There will be a recreation fee assessed for the new residential parcel created.
A public hearing will be required.
Matt Wright asked how to confirm whether there is water and sewer.
Mike Billeci asked Michele Greig whether a building site is required at this time and whether the PB can request one to be located on the site plan. She answered that the PB could request one.
Mike Billeci asked about how the HO district rules applied to the parcels since the first 300 feet of the parcels are located in it. Michele Greig answered that if the applicant proposes to build in the first 300 feet, the rules apply entirely, but they do not apply if not within those first 300 feet. The R2A district has a minimum front setback of 50 feet and no maximum, so the applicant cannot be forced to build in the HO portion of the parcel.
Mike Billeci asked about how that affects the goal of the HO district to orient the houses to the street and to have consistent set-backs. Michele Greig explained that the thinking was that if the building was over 300 feet from the road, it was not a part of the street scape and could be screened, but if it was closer the HO rules would orient the building to the road. The code says that the setbacks adhere to the underlying district which has no maximum front set-back.
More discussion about a harmonious streetscape ensued, and Michele Greig stated that the streetscape could be harmonious if the building was set back and screened. It would not impact the streetscape.
Mike Billeci asked the applicant about the intent for the building location. The applicant plans to build farther back on the site on a high point as the front portion of the parcel is quite wet. There is also a view north from farther back on the property. It would be a similar set back to the existing dwelling. Michele Greig asked if it was wooded. Yes. She commented that it was more expensive to run the lines farther back on the property.
Mike Billeci stated that it put the Planning Board in an awkward position to uphold the intention of the HO district if the applicant could build farther back. Michele Greig reiterated that the intent of the HO was that if the house was set far back, it would not be a part of the streetscape. Mike Billeci and Donna Matthews pointed out that it is the gateway into the village. Michele Greig again stated that the applicant was not required to build in the HO district and if the PB is concerned, they could require vegetation to be retained for screening. Pamela Morin stated that the applicant shouldn’t be required to build where it is wet because Tivoli has enough problems with drainage as it is. There was more discussion about whether the house would be visible because it was on a high point and how much vegetation the PB could require the applicant to retain for screening and how to accomplish that.
Mike Billeci asked what is included on the site plan. Michele Greig stated that a subdivision is not a site plan. If a septic is required, the DOH will require a building site be identified on the plat. Some features are on the plat. If the dwelling is located in the HO portion of the parcel, site plan approval will be required, but if not, no site plan approval from the PB is required.
Mike Billeci asked if there is no septic or well and if the applicant doesn’t build in the HO portion of the parcel, when does the PB weigh in on the vegetation and screening? Michele Greig answered that they could make it a deed restriction. She commented that if a new driveway is proposed an approximate building location will probably be indicated. There are not enough details known now.
Donna Matthews asked the applicant again about building site. Matt Wright answered that he will need to consult an engineer, but he has a preference for privacy not presentation.
Mike Billeci asked Michele Greig what the next steps are. She answered that the board can endorse the sketch and the applicant can proceed to prepare the plat.
Matt Wright asked if he should fill out a new EAF or amend the current one. Yes it can be amended.
Donna Matthews asked if a motion needed to be made to endorse the sketch. Michele Greig answered that it did not need to be formal but that there should be an agreement among the board. Mike Billeci stated that the parcels meet the requirements of zoning, so he sees no reason not to endorse the sketch. Donna Matthews and Pamela Morin agreed.
Minutes from February 22, 2021 were reviewed.
Donna Matthews made a motion to approve the minutes from February 22, 2021. Pamela Morin seconded. All in favor. The minutes were approved.
Donna Matthews made a motion to close the meeting. Pamela Morin seconded. All in favor. The meeting ended at 7:36.
Laura Gail Tyler
Deputy Village Clerk