Members Present:
Paul Slutzky, Chairman
Richard Volpi, Deputy Chairman
Gary Goodrich, Board Member
Harold Goldberg, Board Member (absent)
Carl Giangrande, Board Member (absent)
Gail Shegerian, Alternate Member
Public Present:
Sarah Drury, Jeff Prince, Kevin Schwenzfeier, Michael Pisano, Debra Pisano, Mary Ellen McFaul, Pawalee Chirico, Tricia Kelaher, Fred Mazza, Alexa Kwiatkowski, H. McMahon, Jessica Haines, Frank Castro, Dean Prime, T. Bargetz, Maureen Donato, Jack McDonald, Allen Abramowitz, Felicia Reale, Michael Osterer
Public Hearing for Hunter Peaks Major Residential Subdivision and Site Plan:
P. Slutzky opened the Public Hearing at 7:02 PM. He first requested that a moment of silence be observed in memory of the American servicemen and Afghan civilians killed in yesterday’s terrorist bombing in Kabul. He gave a brief update on the progress of this project review, which commenced in February of 2017 and then asked Sara Drury, engineer with Chazen Engineering, to give an overview of the proposed revisions to the previously conditionally approved major subdivision plat and site plan, and to update the status of the required regulatory permits and approvals.
S. Drury first presented certified mail receipts and proof of mailing of the NOTICE OF PUBLIC HEARING for this project to all the Board designated abutters and others. She then utilized a full size print of the Overall Grading and Drainage Plan for the project that overlaid the proposed revised plan in one color over the previously approved plan in a contrasting color to explain the revisions that have been made. She reviewed and discussed: alterations to the road alignment; portions of road removed from the plan; the water booster pump station location; the 4 additional house lots; the areas containing the steepest slopes and rock ledges that were removed from the individual house lots and will remain under ownership of Hunter Peaks; the slight increases in total disturbed area and total impervious areas. She also reviewed the status of the required regulatory permits and approvals, noting that an amended Stormwater Pollution Prevention Plan was previously submitted to the NYCDEP for approval.
P. Slutzky then asked the various members of the public that requested to speak at this public hearing to present their comments, questions and concern,s which the Board would address when this project review comes up on tonight’s meeting agenda:
Debra Pisano said she has concerns about runoff drainage from the project site that could potentially damage Hunter Drive or nearby parking lots or grounds of Hunter Highlands buildings. She inquired as to where the drainage will go to. She wants project sponsor to post a bond to insure that damages to Hunter Drive from construction traffic can be paid for. She wanted to know if project sponsor, who also owns Hunter Drive, will repair the nonworking street lights on Hunter Drive.
Alexa Kwiatkowski asked: Who owns Hunter Drive; How is the project water system to be set up; Where is the potable water coming from; Who will maintain Hunter Drive; She thought project site was not buildable due to steepness; Who will be repairing the existing Hunter Highlands septic system; Where will project construction workers park.
Allen Abramowitz asked various questions about who will be responsible for project roads and how the costs will be shared.
P. Slutzky advised that he had also received written comments from Bill and Carolyn Rod of Hunter Highlands and that he has given them to Sara Drury and that he will include the Rod’s questions and project sponsor’s responses to them in the minutes of this meeting.
There being no other members of the public desiring to speak, P. Slutzky closed the Public Hearing at 7:22 PM.
Opening of Regular Meeting:
P. Slutzky opened the meeting at 7:23 PM.
Review and Approval of Minutes of July 22, 2021:
After review, G. Goodrich made MOTION to approve the minutes as amended. MOTION seconded by P. Slutzky and carried unanimously.
Privilege of the Floor: none
New Business: none
Old Business:
- Hunter Peaks Major Residential Subdivision and Site Plan
S. Drury presented an overlay of the revised subdivision plat over the previously proposed plat and explained the revised lot configuration. She advised project is awaiting NYCDEP approval of the amended stormwater pollution protection plan.
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- She then responded to questions that had been raised at the earlier Public Hearing:
- Water for the project will come from the Village of Hunter system via connection of a 12” main to the existing Village main at the top of Hunter Highlands. The new main will connect to a new booster pump station located at the south side of the entrance to the Hunter Peaks development.
- She responded to the various stormwater runoff concerns by reviewing the slope analysis and lot configurations and locations. She reviewed some of the SWPPP mitigations, the storm water retention systems to be constructed for the project and the individual home sites, the construction phase stormwater mitigation practices to be employed, the construction phase SWPPP weekly inspections that will be required and the required future continued operation and maintenance of the approved stormwater facilities by the project home owners association (HOA).
- She advised the project septic system will be connected to the Hunter Pollution Control plant at the base of Hunter Highlands. The existing Hunter Highlands sewer mains were video inspected and repairs have been made to various manholes and broken pipes. J. Prince said this will be an ongoing effort and repairs to the lines will be made as identified and required.
- She said the project roads will have a maximum grade of 15%, they were designed to meet Village road specifications, and would be posted for 20mph maximum speed limit. The project roads will be owned and maintained by Daniel Yun, the project sponsor, and then turned over to the Hunter Peaks HOA when the required number of house lots have been sold and the HOA will then be responsible for maintenance and repairs.
- J. Prince advised Hunter Drive is owned and maintained by Daniel Yun and the Hunter Peaks project will pay its assigned percentage of maintenance costs in accordance with a the road maintenance agreement that was previously in effect.
- He added that Daniel Yun intends to repair the nonworking street lights on Hunter Drive.
- J. Prince said construction workers for building of homes on the project will have ample on site parking and will not need to park in any of the Hunter Highlands lots.
J. Prince said he had provided a list of infrastructure costs for the roads, stormwater facilities and utilities to be built in the project to the Planning Board, which will serve as the basis for the Planning Board to determine the required amount of the performance bond to be supplied by Hunter Peaks to insure completion of the infrastructure. R. Volpi asked if the performance bond would include the cost of any necessary repairs to Hunter Drive due to construction related impacts. P. Slutzky said he will check with Village attorney to see if those costs can be included in the required performance bond.
P. Slutzky advised the Board would now resume its review of the revised major residential subdivision plat. R. Volpi asked if the stormwater detention ponds would require safety fences around the perimeters. S. Drury said any pond side slopes steeper than one on three would require safety fences and she will check to see if they will be required.
K. Schwenzfeier asked how the portions of building lot driveways shared by lots 3&4, 5&6, and 10&11&12 would be covered under road maintenance agreements. S. Drury will check with project attorney to include language in project road maintenance agreement to cover these situations.
Board reviewed the overall grading and drainage plan, location and construction of necessary retaining wall, spacing of street lights and hydrants, location and purpose of the designated lot easements, with S. Drury. Board discussed reference on plans to 35 foot diameter of cul-de-sac at end of project road. After review, S. Drury agreed it was probably mislabeled and should be shown as 70 foot diameter. She will verify that is the case.
After further Board discussion, P. Slutzky asked S. Drury to prepare for the September Planning Board meeting a written status update on the sixteen conditions of approval that the Board imposed on the now expired Major Subdivision Approval that was issued on April 25, 2019. He asked that said update include any regulatory permits or approvals obtained or still to be obtained.
P. Slutzky inquired if everyone in attendance was satisfied their concerns had been addressed. There being no response he said the Board would move on to the next agenda item.
Short Term Rental Law Update:
P. Slutzky reviewed the progress that was made at the August 19 workshop on the STR draft law for the Board members that were not able to attend the workshop. He also discussed the concerns raised by the various realtors in attendance. He reminded the Board the next workshop is scheduled for September 22 at this location at 5:00 PM.
Adjournment:
G. Shegerian made MOTION to adjourn the meeting at 10:00 PM. MOTION seconded by R. Volpi and carried by all.
Transcribed by:
Paul Slutzky
September 8, 2021
Paul Slutzky, Planning Board Chairman
Village of Hunter Planning Board
5748 Route 23A
Tannersville, New York 12485
Re: Hunter Peaks Residential Development Village of Hunter, Greene County
Response to Public Comments Received Chazen Project # 31548.01
Dear Chairman Slutzky,
The Applicant, Hunter Peaks, LLC, attended planning board meeting on August 26, 2021 to discuss the Hunter Peaks Residential Development project. During this meeting, the project received comments from the public. The Chazen Companies has received copies of the meeting minutes and below are the responses provided for your consideration: 1. Comment: Damage to the road from construction, there needs to be a bond to pay for any damage that occurs. This is a major concern given the damage from the construction of the 1st home. Response: Hunter Drive is private road that is owned and controlled by Hunter Peaks, LLC. Hunter Peaks, LLC is responsible for the maintenance of the road and repair of any damage. 2. Comment: Water usage, what is the impact to existing condo owners? Response: The Village water supply has sufficient capacity to serve the proposed development. Delaware Engineering reviewed the plans and engineering report with supporting calculations and took no exception to the proposed water system extension. On May 10, 2021 Hunter Peaks Residential Development received a will serve letter from the Village of Hunter for water connection for the previously proposed 23 single-family homes. The previous projected water demand assumed a maximum of five (5) bedrooms per residence for an estimated demand of 12,650 gallons per day. The amended site plan proposes 27 single-family homes assuming a maximum of four (4) bedrooms per residence for an estimated demand of 11,880 gpd. The Applicant has requested an updated will serve letter from the Village. 3. Comment: Drainage, we all live downhill from the proposed construction. What steps are being taken to ensure there will be no drainage issues from the clearing and construction. This is another major concern given the drainage down the creek and across Hunter Drive from the construction of the 1st home.
Response: A Stormwater Pollution Prevention Plan was prepared for this project which includes stormwater management practices designed to mitigate impacts from stormwater runoff. This plan was reviewed and approved by the NYCDEP and NYSDEC. In addition, the project is covered under an individual SPDES permit issued by NYSDEC. As part of this permit, the project is required to have erosion and sediment controls in place throughout construction to minimize the discharge of pollutants and prevent a violation of the water quality standards. Also require by the permit are permanent post-construction stormwater management practices that are designed manage stormwater runoff generated from the development. Throughout construction the project is subject to regular inspections that report deficiencies in the erosion and sediment control practices and stormwater management practices in place. Post construction operations and maintenance of the stormwater practices will be the responsibility of the homeowner’s association. 4. Comment: Traffic volume will increase wear and tear on the access road. Hunter Peaks will need to pay their share of routine maintenance. Response: There is an existing maintenance agreement in place between Hunter Peaks, LLC and Hunter Highlands Condominium Phase 1, Hunter Highlands Condominium Phase 2, and Trailside at Hunter. The Hunter Peaks development will be brought into the maintenance agreement and will contribute to the maintenance of Hunter Drive. 5. Comment: How does plowing get handled? Hunter Peaks needs to contribute to the cost of plowing the shared section of Hunter Drive. Response: There is an existing maintenance agreement in place between Hunter Peaks, LLC and Hunter Highlands Condominium Phase 1, Hunter Highlands Condominium Phase 2, and Trailside at Hunter. The Hunter Peaks development will be brought into the maintenance agreement and will contribute to the maintenance of Hunter Drive. 6. Comment: Garbage, how will they manage it? We already have problems with outsiders dumping. Response: Communal dumpsters, similar to those at the developments below Hunter Peaks, are not proposed for the development. Trash and recycling will be at individual single-family home lots and will be managed through the HOA. As such, there will be no adverse impact on the trash and recycling of Hunter Condominiums Phase 1, Hunter Condominiums Phase 2 or Trailside at Hunter. 7. Comment: What is Hunter Peaks plan to reduce the amount of ambient light coming from all of these homes? This is based on the design of the existing home and the amount of light it gives off. Response: LED streetlights are proposed at 100 ft on center along the roadway, for safety. Homes will be constructed on a lot-by-lot basis, based on demand. The existing vegetation on the mountain will be maintained to the greatest extent practical, while still enabling construction of the home. It is anticipated that the dense vegetation of the mountain side will provide screening from lighting generated by the homes. 8. Comment: With the greatly increased traffic, how will speeding be controlled to maintain safety? While the hunterpeaks.com website says ski in/ski out, these homes will be above the highest
regularly used lift on Hunter East, so the assumption is the residents will drive. And most of the residents in the M & N buildings walk to the mountain, so there will be additional risk in crossing Hunter Drive given the increase in traffic volume. Response: The ski in/ski out design is no longer proposed for the development. The Hunter Peaks road will be posted at a 15 mph speed limit. Using the Institute of Transportation Engineers (ITE) Trip Generation Report, 9th Edition, 2021, for Land Use Code 210, Single-Family Detached Dwelling, the projected peak hour trips generated from the development are 21 vehicle trips during the weekday morning peak hour and 27 vehicle trips during the weekday evening peak hour. Based on our review of Hunter Drive, there is sufficient sight distance to allow pedestrians to safely cross. 9. Comment: How many lots are already sold? Is there sufficient construction capital? It would be detrimental to Hunter Heights/Highlands property values if construction starts and then stalls part way. Response: No lots have been sold at this time. Lots will not be sold until the project receives final approvals from the Village and infrastructure for the development has been completed. A project budget has been completed, and provided to the Village, estimating the construction cost for Hunter Peaks as a condition of final approval. The estimate will be used to establish a bond for the project. 10. Comment: Who are Hunter Peaks investors? We know Jeff Prince is involved, who else?
Response: Daniel Yun, the project applicant, is the sole investor and owns 100% of Hunter Peaks, LLC. Jeff Prince is the project manager and developer.
We feel that the responses above adequately address the concerns of the public. If you have any questions or need further information, please do not hesitate to contact me at 518-266-7336 or wkubow@chazencompanies.com.
Sincerely,
Walter J. Kubow, PE Manager, Civil Engineering