Planning Board Public Hearing and Regular Meeting Minutes, February 22, 2024

Members Present:     Paul Slutzky, Chairman

                                    Carl Giangrande, Board Member

                                    Penny Sikalis-Spring, Board Member

                                    Absent: Ed Kaplan, Board Member

                                    Absent: Richard Volpi, Board Member

                                    Absent: Gail Shegerian, Alternate Member

Also Present:              Christine Lucey, Secretary

 

Public Present:
Ron San Fillipo, Dan Segal, Max Oppen, Fran Clark, Rose Clark, James Clark, Harout Dermenjian, Patricia Kelaher

Public Hearing:  7765 & 7759 Main Street—Proposed Lot Line Adjustment and Minor Subdivision

Chairman Slutzky opened the public hearing at 6:30 PM. Ron San Fillipo, representing the developer, gave a presentation on the proposal to those present.

Dan Segal, owner of nearby property at 7772 Main Street, asked questions and expressed concerns regarding the density of construction and possibly blocked views.

Chairman Slutzky said the property lies in the Village Business District, and so setback requirements are minimal.

Village resident Trish Kelaher asked about the alignment of the proposed dwellings with neighboring properties, and reviewed the maps and sketches presented by Mr. San Fillipo.

Chairman Slutzky reviewed the return mail receipts presented by Harout Dermenjian, and said it appeared that all abutting property owners were sent the required certified mail notices of the public hearing.

Chairman Slutzky said the Board still needs proof of ownership of the LLCs owning the subject properties, or suitable owners’ authorization forms for the project.

Closure of Hearing:  Chairman Slutzky closed the public hearing at 7:00 PM.

Open Meeting:  Chairman Slutzky opened the regular meeting at 7:00 PM

Review and Approval of the Minutes of the Planning Board Meeting of January 25, 2024:

After review, Carl Giangrande made a MOTION to approve the minutes as presented. Penny Sikalis-Spring seconded the MOTION, which was approved and carried.

Privilege of the Floor:

Rosemary and James Clark, residing at 8336 Main Street, addressed the Board to express
their concerns about work that appears to be planned at adjoining 8350 Main Street. Their concern involves placement of a retaining wall and building up a driveway, which they said could have a significant negative impact on water drainage from their land.

Chairman Slutzky said that the site plan for 8350 Main Street which the Board had
reviewed at the meeting of January 25, 2024, showed a driveway being put in place on the opposite side of the property. Mr. Clark said that a surveyor has been on the property to lay out a new driveway and retaining wall on the existing right of way, not where the site plan indicated.

Nearby property owner Trish Kelaher also expressed her concern that a camper has been placed on 8350 Main Street and that it appears to be occupied by the owner.

Board member Carl Giangrande, who is the Village of Hunter’s code enforcement officer and building inspector, said he will investigate the complaints.

Old Business:

 

• Hunter Peaks Major Residential Subdivision and Site Plan

Chairman Slutzky discussed correspondence he received from Walter Kubow of LaBella Associates.

Mr. Kubow provided a quotation for actual costs to construct the required infrastructure. These quotes were reviewed by Delaware Engineering, representing the Village of Hunter.

The project developer has proposed to create the necessary infrastructure and develop the lots in three phases, and further proposed that the required performance bonds be based on the phases rather than the entire proposed project of 23 lots and 23 homes.

The developer asked the Board to forego its requirement for a performance bond for Phase 1 of the project, provided it sells no lots at all until all the Phase 1 infrastructure is complete. This would represent significant savings in bond costs for the developer.

Since the first phase of the project’s infrastructure, as proposed, must be completed before a single lot can be sold, Chairman Slutzky said he feels the Village would have no exposure in the absence of a performance bond during this phase of development.

When the developer reaches Phase 2, Chairman Slutzky said, a performance bond would be required for the infrastructure associated with that phase, until all the infrastructure for the phase 2 lots is complete. Another performance bond would be required for the infrastructure work associated with Phase 3 before the lots in Phase 3 may be sold.

Ms. Sikalis-Spring asked what would happen if a buyer wished to purchase a lot in one of the later phases before the infrastructure for that phase is complete, and Chairman Slutzky said that, under this proposal, that lot could not be sold in advance.

Chairman Slutzky made a MOTION to accept the $10,510,000, estimate of the required infrastructure costs to be bonded, per the spreadsheet of 2/14 provided by LaBella Engineering. The MOTION was seconded by Carl Giangrande, was approved, and carried.

Chairman Slutzky made a MOTION to accept the break-down of infrastructure bond costs by phase, as provided by Walter Kubow of LaBella Engineering on 2/16/24, along with the accompanying map showing the three phases.

Penny Sikalis-Spring asked whether inflation costs had been factored in, should the phases of infrastructure construction take longer to complete than expected. Chairman Slutzky said he feels this has been done, and mentioned that some of the infrastructure has already been roughed in, including roads and required storm water retention basins.

Penny Sikalis-Spring then seconded Chairman Slutzky’s MOTION, which was then approved and carried.

Chairman Slutzky made a MOTION to allow the developer of Hunter Peaks to proceed without bonding Phase 1 construction, provided the developer does so at its own risk and under the Board’s imposed condition that no lots can be sold or houses built on said lots until such time as Phase 1 infrastructure is deemed by the Board to be completely installed. The MOTION was seconded by Penny Sikalis-Spring, and was approved and carried.

Chairman Slutzky said that, as a further status update, formation of the water and sewer transportation companies is underway, and also that documents forming a Homeowners’ Association are reportedly being drafted by the developer’s attorneys.

Chairman Slutzky said he expects a request for final subdivision approval to come before the Planning Board for review in a month or two.

New Business:

 

• 7765 & 7759 Main Street—Lot Line Adjustment and Minor Subdivision—Harout Dermenjian and Ron San Fillipo presenting

 

Chairman Slutzky reminded Mr. Dermenjian that he should provide the Board with proof of ownership of Creekside at Hunter LLC and HNTR Food & Wine LLC and owners’ authorization forms for the existing two lots in question, and with samples of the proposed deeds for the subdivided lots, from either a surveyor or an attorney. Certain language must be included in the proposed deeds per page 22 of the Village’s Subdivision Law, Chairman Slutzky said.

The Board reviewed the short-form Environmental Assessment under SEQRA, submitted in support of the proposed lot line adjustment. Chairman Slutzky expressed his opinion that there is very little environmental impact from moving a lot line approximately 15 feet.

After review of 6 CRR-NY 617.5 Type II actions (c) (16), Carl Giangrande made a MOTION to classify the proposed lot line adjustment as a Type 2 action under SEQRA. The MOTION was seconded by Penny Sikalis-Spring, and was approved and carried.

Mr. Segal asked whether overnight parking in front of the property will be allowed, and Chairman Slutzky said yes, because the road in front is a state highway where the Village’s overnight parking prohibition would not apply.  However, the Board asks applicants to allow for appropriate on-site parking whenever possible.

The Board did not approve the lot line adjustment in the absence of the required documents requested from the applicant.

The Board then discussed the 3-lot subdivision which the applicant proposes subsequent to the lot line adjustment. Chairman Slutzky said the proposal meets the Village Business District’s standards for use, area and coverage regulations.

The Board reviewed the long-form SEQRA Environmental Assessment submitted for the proposed 3-lot subdivision and discussed it with Mr. San Fillipo and Mr. Dermenjian.

Chairman Slutzky made a MOTION to classify the project as an unlisted action under SEQRA and for the Board to conduct an uncoordinated SEQRA review. The MOTION was seconded by Carl Giangrande, approved and carried.

The Board reviewed the project impacts and magnitude listed in the Environmental Assessment Form.

After discussion, Penny Sikalis-Spring made a MOTION for a negative declaration under SEQRA. The MOTION was seconded by Carl Giangrande, approved and carried.

The Board did not approve the proposed 3-lot subdivision because it has not yet approved the lot line adjustment. Such approval would be conditional, Chairman Slutzky said, on a residential stormwater runoff plan approved by New York City DEP for all 3 lots, and any necessary curb cuts being approved by New York State DOT.

Mr. San Fillipo presented elevation drawings of the proposed structures, which the Board examined under Architectural Review.

Mr. Dermenjian said all three structures proposed will have the same dark colored standing-seam metal roof, possibly charcoal gray, to aim for a consistent look. The exterior will be sided in a combination of real wood and hardy board, he said.

Chairman Slutzky asked about first floor flood plain compliance. Mr. San Fillipo said it will depend on what site work is done, but the first floor will likely be 4 inches lower than the first floor of the structure that was formerly on the property.

Chairman Slutzky asked whether ADA compliance is required, and Mr. Giangrande said it is not required in single-family dwellings.

Mr. Dermenjian said two of the proposed dwellings will each have a garage, and the third will have a car port.

Mr. Giangrande asked what will cover the buildings’ exposed concrete foundation walls and Mr. Dermenjian said this area will be covered with pseudo-stone.

After further discussion and architectural review, Penny Sikalis-Spring made a MOTION  that the Board approve the project’s proposed architectural design. The MOTION was seconded by Carl Giangrande, approved and carried.

Chairman’s Report:

 

Chairman Slutzky had no news on Les Jardins de Hunter.

Next month, the Board may be able to wrap up review and approval of the Hunter Peaks major residential subdivision. The 90-day extension which the Board granted previously expires a few days before the Board’s April meeting, so the developer needs to make its final presentation next month, or else the Board must hold a special meeting for final approval before April 21, 2024, the expiration date of the last available extension.

Mr. Giangrande said he spoke to Richard Bepler, caretaker of the Heller properties, who told him that the exterior lights on the property are now turned off at night.

Mr. Giangrande said he has seen no change to the night lighting at Hunter Mountain. Chairman Slutzky said he expects the grooming shop lights to be addressed once the ski season wraps up.

Mr. Giangrande asked who would bear the burden of a proposal to revise and update the Village’s zoning laws. Should it be the Planning Board, or a developer wishing for changes? Chairman Slutzky said the Planning Board can look at such a proposal if received, and should the Planning Board agree, then recommend it to the Village Board. Ms. Sikalis-Spring agreed that a developer should drive such a request.

Correspondence:

None.

 

Adjournment:

 

There being no further business, Penny Sikalis-Spring made a MOTION to adjourn. Chairman Slutzky seconded the MOTION, which was unanimously approved and carried at 8:39 PM.