Town Hall -
MEETING CALLED TO ORDER AT 7:30 PM by
Chair, Paul Lent. Chair explained
policy/procedure of the planning board.
Clerk then called the role:
MEMBERS PRESENT: Paul
Lent, Mary Lynn Kopper, Ruthann Daino and Margaret Phillips.
MEMBERS ABSENT: Michelle Morgan (excused)
ALSO PRESENT: Carol
DeLorme, Clerk; Mike Tillson, town board liaison; and
approximately 10 people in the audience.
REVIEW AND APPROVAL OF MINUTES
All members previously reviewed
the minutes of the March 27, 2007 meeting.
Motion by Mary Lynn Kopper
to approve the minutes as presented. 2nd – Ruthann Daino. Voice
vote: All ayes. Motion carried.
Transmitted received from Saratoga
County Clerk’s Office – Five maps were filed during the month of March 2007:
Subdivision of lands of Peter J. & Christina A. Guidarelli (Lake District);
Lot Line Adjustment of lands of James B. & Pamela R. Lombard (Lake
District); Survey map of lands of Richard P. & Sylvia Neahr to be conveyed
to Norman Neahr (situate in Town of Providence with small portion in Town of
Galway); Subdivision of lands of Bruce C. & Vivian L. Sleight (Kania Rd.);
and, Subdivision of Estate of Margaret Richardson by Jane Brooker, executrix
(Bliss Rd.)
One letter of notification of
public hearing regarding Kolakowski subdivision was returned – Addressed to
George Koslowski,
Spent a considerable amount of time during month with Jim Mitchell, town engineer, working on new language for plat notes concerning driveways over 500’ in length and developing some standards. Last conversation indicated there is more to follow; will probably have more to report next month, along with a formal recommendation on Jim’s part regarding the language. Conversation with Jay Janczak (NYS DOT – Saratoga Regional Office) regarding DOT granting of driveway permits. NYS DOT’s policy: a) not to unduly restrict anyone’s access to their property, but b) they don’t typically assign driveways until the person asking can provide proof that a subdivision has been approved by the town. Therefore, referring an applicant to DOT for a driveway permit prior to approval of the subdivision won’t work any more. Assumption is they will get access by DOT. When we get applications for subdivision on state highways, we’ll need to keep this policy in mind. Also attended a meeting with Saratoga Co. Real Property Tax staff, representatives of NYS Health Department and members of the County Planning Board regarding the numbering of lots on NYS DOH subdivisions. We don’t have a lot of them in the town at this point in time. However, in a town such as ours where we do no have water and municipal sewer, important that each lot be assigned a DOH number so they can go out and do their inspections on the sight and match exact house location on site for approvals. Problem was too many numbers on the plats (e.g., developers would assign a lot number, DOH would assign a number, and some towns were requiring addresses). Consensus of group was plats submitted for DOH approval should now only contain the address. There will be one address per lot. Did prompt a larger discussion with Real Property and SCPB to require all proposed subdivisions, regardless if DOH or not, where a home/dwelling is being proposed to have the address on the final plat when it is submitted (code enforcement officer to assign its proper address). Regarding filing of two Mylars of final approved plats – Discussion with Real Property Tax and have checked the regulations. Exact number (other than one that needs to be signed) is not mentioned. Believe it is up to the PB to make a decision as to policy of this board (whether or not we can do away with the two Mylar requirement and go to a single Mylar requirement along with the two paper copies). Brief discussion ensued. Consensus that only one Mylar should be required. Motion by Mary Lynn to eliminate the two Mylar requirement and make it a policy of the Town of Galway Planning Board from this date forward to require only one Mylar and two paper copies of all final, approved subdivision maps for stamping/signature (Mylar to be filed with the Saratoga County Clerk’s Office). Seconded by Ruthann Daino. Voice vote: All ayes. Motion carried. Correspondence
received from Town of Broadalbin Planning Board advising of a proposed
subdivision within 500’ of the Town of Galway line on west side of Fulton Co.
Highway 107 (a single lot subdivision).
PUBLIC HEARING - Opened at 7:38 pm. Clerk read the legal
notice as it appeared in the Daily Gazette on 4/14/07.
Application #06/032 – Application
of Donald & Marcella O’Neil for a 3-lot minor subdivision of 96+
acres located at 1357 Kania Rd., Town of Galway, tax parcel #211.-1-39.111,
said property being located within the boundaries of Consolidated Agricultural
District #2 – Renee¢ O’Neil
was present. Chair advised that
applicant called a week or so ago advising that there has been a change -- a
reduction in the number of lots being created from 3 to 2. Chair did contact board attorney, Peter
Reilly, to ask guidance. Mr. Reilly
advised it is our call. Since the
application has not grown (increasing to 4 lots, for example), no need to redo
SEQRA. If the board feels comfortable at
the conclusion of the public hearing, can take it up during the public meeting
phase. If not, can table it as a
material change and hold another public hearing. Mrs. O’Neil then explained: Original intent was to subdivide out just one
lot (shown as Lot #2) from the 80.52 acres, Lot #2 being 35 acres in size. Lot #1 will be the remaining property. Further explained that Donald and Marcella
O’Neil’s property is in two pieces but all under one tax parcel #, and they
prefer that it remain that way. With
regard to the question from last month regarding the total acreage (i.e.,
acreage didn’t add up): Reason is the
only parcel being subdivided is the 80.52 acres. However, Donald and Marcella O’Neil own one
other parcel (not shown on this survey map), which is 16 acres. The two together is the stated 96 acres,
which was an error on the part of the surveyor.
Only parcel being subdivided is the 80.52-acres. Comments from the audience: Bob Baren –
1417 Kania Road – Looked at map and addressed a few questions directly to
Mrs. O’Neil. No other
questions/comments.
Application #07/010 – Application
of Curt Kolakowski (PDH Properties, LLC) for a 2-lot minor subdivision of 7+
acres located at 2784 Shaw Road, Town of Galway, tax parcel #174.-1-85, said
property being located within the boundaries of Consolidated Agricultural
District #2
Mr. Kolakowski was present to
address the board/audience. There were
no comments or questions.
Motion by Mary Lynn Kopper to close
public hearing. Seconded by Ruthann Daino. Voice vote: All ayes.
Motion carried. Public
hearing closed
PUBLIC MEETING
Application #06/032 … Donald &
Marcella O’Neil … tax parcel #$211.1-39.111
Upon query from Chair, no members
voiced a problem with proceeding toward approval of the application.
Motion by Mary Lynn Kopper to vacate
the classification motion of 3/27/07 and reclassify application #06/032 as a
two lot minor subdivision of 80.52 acres located at 1367 Kania Road in the town
of Galway (tax parcel #211.-1-39.111). Seconded
by Ruthann Daino. Voice vote: All ayes.
Motion carried.
RECLASSIFED AS A TWO (2)-LOT MINOR SUBDIVISION of 80.52 acres. Motion by Mary Lynn Kopper to grant
final approval to the request of Donald and Marcella O’Neil for a two lot minor
subdivision of 80.52 acres and approve for filing. Seconded by Ruthann Daino. No further discussion. Roll call vote: Paul Lent, yes; Ruthann Daino, yes; Mary Lynn
Kopper, yes; Margaret Phillips, yes. Motion
carried. GRANTED A TWO (2)-LOT MINOR
SUBDIVISION. Applicant was advised to
submit one Mylar and two paper copies of the revised/approved
subdivision plat for stamping/signing by Chair.
Applicant will then have 62 days in which to file one copy of each with
the Saratoga County Clerk’s Office. Additional
$25 subdivision fee due (one new lot created).
Application #07/010 … Curt
Kolakowski (PDH Properties, LLC) … tax parcel #174.-1-85
Mr. Kolakowski submitted a revised
survey/subdivision plat reflecting minor changes requested by the board at last
month’s meeting, as well as the completed Agricultural Data Form. Applicant also reported that the shed that he
indicated would be removed has, in fact, been removed from the property. Indicated he could submit a revised map with
the shed deleted, should the board prefer.
Chair stated that would be a good idea.
Chair also directed applicant to seek a driveway cut permit from town of
Galway highway superintendent (David Costanzo).
No further questions/comments from board members. Motion by Ruthann Daino to grant final
approval to request of Curt Kolakowski (PDH Properties, LLC) for a two (2)-lot
minor subdivision of 7+ acres located at 2784 Shaw Road in the town of
Galway, tax parcel #174.-1-85, and approve for filing. Seconded by Margaret Phillips. Roll call vote: All ayes.
Motion carried. GRANTED A
TWO (2)-LOT MINOR SUBDIVISION. Applicant
was advised to submit one Mylar and two paper copies of the final
approved subdivision plat for stamping/signing by Chair. Applicant will then have 62 days in which to
file one copy of each with the Saratoga County Clerk’s Office. Additional $25 subdivision fee due (one
new lot created).
Application #07/012 – Donna Hollenbeck/Gary Townsend - Preliminary
review - Site plan review for a permit for a home occupation (design of fresh
and silk flowers for all occasions and house plant care) from a residence
located at 1363 Hermance Road (Lake District), tax parcel #185.10-1-21.20
Ms. Hollenbeck and Mr. Townsend
were both present. Presented a petition
containing signatures of several neighbors/local businesses in support of the
proposed home occupation. Previously
provided a site plan for review by board members. Regarding parking – No on street parking;
room on premises for 6 – 12 cars without a problem (but do not anticipate that
number as it relates to this application – anticipate only one car at a time,
as people would not be stopping to shop, only picking up.) No sign proposed at this time. Re: delivery of materials – Applicant would be
picking them up. May occasionally have a
UPS delivery. Applicants confirmed that
there will not be any employees (other than themselves and/or family
members). During review of home
occupation check-off list, Chair asked applicants if they would object to any
conditions being imposed (i.e., no more than a [specified] number of vehicles
on the property at any one time, hours of operation, etc.), to which applicants
replied they would not. Ruthann Daino
asked for explanation of the “house plant care” component. Ms. Hollenbeck replied it would consist of
selling house plants and/or taking care of houseplants on the premises (plants
that were dropped off to her for care).
Board then reviewed the SEQR (short EAF) form. Motion by Ruthann Daino to grant
application #07/012, application of Donna Hollenbeck and Gary Townsend for a
special use permit for a home occupation (design of fresh and silk flowers and
house plant care) from a residence at 1363 Hermance Road (Lake District), town
of Galway, tax parcel #185.10-1-21.20, a negative SEQRA declaration. Seconded by Mary Lynn Kopper. Roll call vote: All ayes.
Motion carried. GRANTED A
NEGATIVE SEQRA DECLARATION. Application
to be scheduled for public hearing May 22, 2007.
Application
#06-029 – Chas. H. Sells, Inc. - 5-lot major subdivision – Consaul / West
Galway Rd., Tax parcel #s 198.-1-37.11, 37.12, 37.13 and 37.1A (Beaver Lake
Estates @ Cummings Pond)
Chair reported that Mike Groff (engineer of record) called
today. He has been talking with our
engineer, Jim Mitchell, and also with board attorney, Peter Reilly (relevant to
covenants). Want a chance to review
things a little more. Have reviewed
suggestions of making it a named private road (so would have unique addresses
for 911), the establishment of a dry hydrant (still fine with that, even if on
the corner rather than the private road).
Applicants seem to be amenable to everything the board has searched for,
but have not heard from DOH yet. Therefore,
asked to be taken off tonight’s agenda.
Application #07/007 – Melodye Smith-Eldeen – subdivision of
7+ acre lot from a 60+ acre parcel located at 6051 Greens Corner Road - tax
parcel #172.-1-28 – Dan Eldeen was present representing
Mrs. Eldeen. Chair recalled that the
proposal is to break off a long, narrow lot from an approximate 60 acre parcel,
creating a 7.74 acre lot, 220’ w X 1531’ long (identified as Lot #3 on survey
map). Chair asked if wetlands are a factor/concern
(no delineation on map), to which Mr. Eldeen indicated there are not. Chair then asked that final plat contain a
positive declaration by preparer that there are no DEC wetlands on the
property. Also need driveway note
regarding driveways longer than 500’ (as property has the potential for
one). Mr. Eldeen confirmed proposal is
for a single family dwelling for themselves at this time. Discussion regarding location of proposed
house, septic, well on new lot relative to location of same on adjacent
property. As this is a relatively narrow
lot, Chair strongly urged applicant to get separation distances from code
enforcement officer and indicate proposed locations on the new lot (for review
purposes to show adequate separation requirements can be met). Consensus of board that not enough
information is available regarding wetlands to complete SEQRA
review/declaration. Chair suggested to
applicant that he handle these matters with surveyor (Art Carpenter) and bring
application back next month for SEQRA declaration and classification. Applicant should submit 8 copies of reviewed
maps a minimum of 14 days prior to next meeting he wishes to attend.
Application #07/008 – Winfield McIntyre – subdivision of 8+
acre lot from a 17+ acre parcel located
On Alexander Road (from R. Scripter Estate) - tax parcel
#186.-1-92 - Mr. McIntyre was in attendance. (Reference Mr. McIntyre’s FOIL request for a
copy of the long form SEQR form completed on the Scripter property, Clerk
informed applicant that to date she has not received a copy of Part II from Art
Carpenter, who indicated he had a copy in his file. Regrettably, Part I [previously forwarded to
Mr. McIntyre) was all that could be found in the town file. Chair related that he also researched files
given to him by the previous Chair – nothing there, either.) Mr. McIntyre did complete Part I of a new
long form SEQR. Chair felt, however,
that before SEQR review, problems/concerns expressed by t/o Galway fire department
regarding a single driveway serving two houses should be addressed; reiterated
example given by Chief DeRidder at last month’s meeting. Then asked for Mr. McIntyre’s response. Applicant continues to maintain that a second
drive would detract from the current rural appearance. Chair offered that Mr. McIntyre show where a
second driveway could be located, if he had to put another one in. Short discussion regarding actual contours of
the lot. (Mr. McIntye stated that
existing sand pit is actually in a little different location than currently
depicted – surveyor error.) Chair voiced
concern that if the sand pit [location] is wrong, then has that error forced
any other contour to be wrong. On a
larger lot, not as much of an issue, but now, with the relative closeness of
the leach field to the buffer line as proposed, gives pause for further
review. Understands it is only a
representation at this point, but feels it needs to be accurate before board
can move on to SEQR review. Mr. McIntyre
then supplied photos of the lot to help defend his position that an additional
driveway would detract from the present appearance. Survey should contain the note regarding
driveways longer than 500’ as potential is there. Ruthann Daino – not completely opposed to shared
driveways (can be a good thing – especially on this road) but thinks it needs
to be looked at in terms of the design and accessibility. Mr. McIntyre responded that it is a fairly
open area, so can look at alternate designs.
Next steps: Survey with sand pits
depicted properly, confirmation that contours are correct, proposed house site
and leach field to scale. Ruthann Daino
suggested a different scale other than 1” = 150’ so can see better detail. Chair strongly urged consideration of an
alternate plan for access, stating that from a personal standpoint, applicant
will need a really good reason why there should not be two driveways, or, if
one driveway can universally meet all the requirements of emergency services,
site line, traffic/vehicle accessibility, etc.
One primary charge as a board, other than to maintain community
standard, is to also maintain community safety.
Chair has a very deep concern about that. Mr. McIntyre indicated he would try to
contact Chief DeRidder directly to learn his concerns/gain input and
recommendations.
Application #06/019 – Q. Squared (Jordan
May) for site plan review/special use permit for operation of an auto, truck
and equipment repair service and resale of related products, as well as bulk
products (sand, stone, etc.), from property located at 1608 NYS Route 29, Town
of Galway, C-1 Commercial Zone - Tax parcel #185.-2-4 (continuation
of application begun in June 2006).
Jordan May was present. Recently
submitted a site plan for review. Chair
asked, for the record, if Mr. May was back before the board as the result of an
enforcement issue. Mr. May explained
that after he was here in June (2006) he bought another piece of property and
got involved with that, so let the application go. Mark (Concilla) stopped by and informed him
that [the board] was mad; therefore returning tonight. Chair again asked if he was involved with any
enforcement with the town court at this point; has he been served a notice of
violation? Mr. May then replied, yes,
and he has appeared before a local town justice as a result of that notice of
violation (Thursday). Chair felt it was
important for the board to understand the nature of why Mr. May has returned,
as some members were not on the board at the time of his original appearance
last June. Applicant then explained his
site plan/nature of his business. Does
excavation; has trucks/equipment [on property]; occasionally does repairs. Intends to sell mulch, stone, gravel out of
bins. Chair - Clarified that Mr. May
purchased the former Quick auto repair center.
Mr. Quick still resides on the property (in existing 14 x 16’ building
depicted on site plan). Board is looking
at the intended business as a change of use in a commercial zone (from an auto
repair center to sale of bulk material as described by applicant). Therefore “grandfather clause” is not relevant. Board’s responsibility is to evaluate that
change of use to see if it is consistent with what the board believes the
property should/could be used for and does not impose a greater burden upon the
area relative to new types of traffic, quantity of traffic, etc. Chair then asked Mr. May to explain the
extent of the truck repairs; how many trucks he might expect per week (besides
his own)? Mr. Jordan replied one, two;
not his primary line of work - 95% of work done is on his own equipment;
friends may come to him to have something fixed. Don Malinowski – 5893 Greens Corner Road
(behind the subject property) - asked for the floor - Stated that he is
representing area homeowners. Described
the property as “a junk yard”. Alleges
he has tried (unsuccessfully) “to talk to this man”, as have other neighbors,
citing past conversations. Provided
pictures (taken three days previously) of his property showing dirt (allegedly
from dirt piles on May property) all over his property, house, pool, etc. Also worried about their wells. Chair – Stated he appreciates the concerns
expressed, but board, at this point, needs to hear Jordan’s
application/proposal as it relates to his business. Chair again addressed Mr. May: Have looked back at previous minutes. Originally mentioned commercial repair? Mr. May stated he may, but right now
that is not his primary intent. Chair –
What do you anticipate typical repair cycle to be (i.e., 20 trucks, 15
trucks)? How many would typically be
parked overnight (aside from his own) awaiting repair? Applicant - As many as he has parking spaces
for. Chair – See 13 truck spaces noted
on site plan. Mr. May – 13. Mary Lynn Kopper – Asked where he works on
trucks that are too big to fit in the garage?
Mr. May – In the yard.
Mr. Malinowski – Objected, citing
smells, noise. Chair again stated he
appreciates his passion, but board needs to work through this. Mr. May – intends to rebuild the garage to accommodate
large trucks; trying to address it.
Ruthann Daino – expressed concern that that it is not the kind of work
that should be done outside. Chair
agreed. Brief discussion. Question from Mary Lynn Kopper regarding
number of unlicensed vehicles currently on the property – Applicant contends
they are all his. Chair – matter for
Mark Concilla. Asked for clarification
from Mr. May – Is he currently doing some repair on an inconsistent basis for
other people, outside? Mr. May – Replied
no -- No major repairs. Not big trucks;
small trucks, yes. Ruthann Daino – What
type of vehicles are typically coming in to pick up material from storage bins?
Mr. May – pickups (homeowners) – not tractor trailers. Brief dissertation from Mr. May defending his
actions and position that the site is not a junk yard and, in fact, he has made
improvements by cleaning it up/removing truckloads of debris. Another brief discussion regarding previous
gas tanks and removal of same from the property. (Mr. May presented several pages of
receipts/memos from the State – copies made and given to Chair for further
review.) Ruthann Daino – Asked questions
regarding the type (material makeup) of depicted parking areas. Mr. May – Will be gravel, as opposed to paved
with painted parking spots. Questions
raised regarding proposed stockade fence in back corner of property; why not
extended along entire back line of the property? Mr. May – No visible houses on southwestern
corner; there is a hedgerow pretty thick with underbrush. His opinion is that there is a sufficient
natural buffer – would not object to putting up a fence, however, is asked to
do so. Again defended himself as a
neat/organized person. Intends to gravel
the east side but Mark [Concilla] issued a stop work order until he complies
with [planning board]. Has done a lot of
graveling already. Ruthann Daino –
Suggested board members visit the site, either collectively or
individually. Chair agreed but cautioned
(based on advice from board attorney) that if enough voting members go
together, it could constitute a meeting under open meetings law; therefore,
have to be careful as to the number that attend relative to a quorum. After a brief, rather charged discussion,
Chair directed applicant to submit written responses (information
provided in writing so application can be moved forward to the next level
of review) to: 1) What applicant will do with the property; 2) How he will do
it; 3) Amount of vehicular traffic as it relates to the retail business, as
well as the proposed truck repair; 4) Projected number of employees; 5) Hours
of operation; 6) Proposed method of risk abatement (containment of any
potential spills while working on big trucks outside prior to renovation of the
garage to accommodate them); 7) Number of unlicensed vehicles that will be on
site (per code regulations). If applicant
fails to comply, application will be tabled and applicant can explain to the
town justices why he is in violation.
Applicant must tell the board what he wants to do. Board will then react to that proposal (not
board’s position to dictate to him what he can or cannot do). Ruthann Daino – Agreed; also need to know the
future of the existing trailer that George (Quick) is living in – its existence
constitutes a mixed use. Mr. May –
Condition of sale was life residency.
Ruthann – Just need to document that on the site plan. Chair – Asked if there were any other code
violations board should be aware of (i.e., is there running water to the
trailer?) Mr. May explained the existing
conditions. Mary Lynn Kopper – Would
like to see more [information] relative to leaching and runoff and having a
contained area when work is being done on large vehicles. What is the topography in the rear – does it
drain down towards the rear? Chair suggested
Jordan look over the SEQR he previously submitted (Part I), as well as review
the questions the board has to address (Part II) to see if he has adequately
addressed those issues through his narrative and site plan. At this point, some of those questions would
have to be answered “yes” (i.e., is there likely to be controversy relative to
the potential use; already have heard concerns from neighbors – how will he
address that?) Mary Lynn Kopper – Would
like to see dimensions included on site plan (i.e., road frontage, depth, size
of ‘mountable curbed median’, etc. – on map and in narrative). Mr. May agreed to submit additional
information requested of the board in time to return next month (10 copies,
minimum of 14 days prior to next month’s meeting).
PRIVILEGE OF THE FLOOR - None requested
OTHER BUSINESS - None
Respectfully submitted,
Carol L. DeLorme, Clerk
05/05/07