Town
Hall -
MEETING CALLED TO ORDER AT 7:32 PM by Chair, Paul
Lent.
Chair provided an overview of the policy/procedure of Planning Board and
public hearing being held this evening.
Clerk then called the role
MEMBERS PRESENT: Paul Lent,
Mary Lynn Kopper, Ruthann Daino, Margaret Phillips and Michelle Morgan
MEMBERS ABSENT: None
ALSO PRESENT: Carol DeLorme, Clerk; Mike Tillson, town board
liaison; approximately 20 people
in the audience
REVIEW AND APPROVAL OF MINUTES
All
members previously reviewed the minutes of the July 24, 2007 meeting. Motion
by Mary Lynn Kopper to approve the minutes as presented.
Seconded by Michelle Morgan. Voice vote: All ayes. Motion carried.
Transmittal
received from SC Clerk’s Office – One map was filed during month of July 2007:
Survey/subdivision of lands of Joan E. Olsen to be conveyed/annexed to Carol
Hooper –
Letter
received 7/30/07 from NYS DOH regarding Beaver Lake Estates subdivision –
Notice of incomplete application (copy in file)
Letters
dated 8/17/07 from SCPB regarding their review of the following applications: Q
Squared, LLC/Earth Development LLC – Decision: Approve with comments; Garry
& Patricia Silk – Decision: No significant county wide or inter community
impact; Winfield McIntyre – Decision: No significant county wide or
intercommunity impact (copies in files).
Letter
received 8/22/07 from Patrick Flinton forwarding petition in response to
proposed subdivision on
Phone
calls received from Betty Keller and Gerry McKenna (Gilligan application)
stating they would not be in attendance tonight
Letter
received from Winfield McIntyre (copies sent to each Board member, as well)
withdrawing his application for subdivision
Received several phone calls from prospective applicants regarding subdivision process Had two conversations with PB attorney regarding various applications we have before the board. Discussions centered around procedure and policy. Received correspondence from various people expressing some concern about a couple of projects before the board. Also received a couple of phone calls from the public about these same projects. PUBLIC HEARING declared opened – 7:48 pm.
Application #07/008, Winfield McIntyre request for
subdivision of 8+ acre lot from a 17+ acre parcel located on Alexander Road
(from R. Scripter Estate) - tax parcel #186.-1-92 (a 2-lot major subdivision
located within the boundaries of Consolidated Ag. District #2). (Continuation
of public hearing from July 2007) Chair
reiterated that Mr. McIntyre has withdrawn his application for
subdivision. Based on his withdrawal,
the public hearing/application is considered closed. If Mr. McIntyre should wish to pursue
subdivision at a future time, it will be necessary for him to reapply – will
have to start all over again.
Application #06/019 –
Application of Jordan May for Site Plan Review/Special Use Permit to operate an
auto, large truck and equipment repair service (under business name Q Squared,
LLC), and sale of bulk products (sand, stone, mulch, etc. - under business name
Earth Development, LLC) from property located at 1608 NYS Route 29, Town of
Galway, in the C-1 Commercial Zone - Tax parcel #185.-2-4 - Clerk read the legal notice as it appeared in
the Daily Gazette on 8/13/07
Mr.
May was present. Various members of the
audience spoke in opposition/support of the proposed project:
Donald
Malinowski – 5893 Greens Corner Rd.
– Reiterated concerns voiced at previous meetings. Major opposition: Use of the back part of the lot – Not opposed
to having a business operating at front of the lot, but feels trucks at rear of
lot are too close to existing homes [on Greens Corner Rd] - Chair acknowledged for the record,
correspondence/photos previously received from Mr. Malinowski (in file)
Doug McCarthy – 5881 Greens Corner Rd – Again applauded Mr. May for his ambition/business
- Reiterated previous comments regarding “substantial” change in character of
the neighborhood - Restated concern over
aesthetics of project area and resulting financial impact it would have on the
value of surrounding homes - Also stated concern over increased risk of
spills/leakage, possibility of well contamination – What kind of abatement
measures will be taken? Also termed it a
substantial change in the character of the neighborhood
Nacole Neahr – Owner of
beauty shop next door – Does not have a problem with the project
– Does not see it resulting in any increased traffic – Site is much cleaner now
than previously – Lot has been cleaned up considerably
William Asher – 5878
Greens Corner Rd – Asked questions regarding who is
responsible for ensuring that bulk materials are contained in bins – Chair
answered that any conditions of approval would be enforced by the town
zoning/code enforcement officer. Also voiced concerns regarding spill/leakage –
questioned abatement measures, asked who was [financially] responsible if wells
are contaminated by spills/leakage from the site – Chair stated could/would not
try to answer that question without legal counsel. In response to comments from Mr. Asher, Chair
explained that recommendations he heard read previously were from Saratoga
County Planning Board (not DOT) and that their role is strictly advisory
Pam Becker – Owner of
Nell & Lo’s Coffee Shop – Has had/continues to have mandatory
testing of water [well] – Never had a problem – No problem with the proposal –
Does not see it increasing truck traffic – she currently has truck traffic
in/out of diner – Ruthann Daino asked if water is ever tested for anything
other than bacteria/e-coli – Mrs. Becker responded that she did not know – Mr.
May offered up a report from DEC on previously completed well testings
Scott Kerins – 1616 Route
29 (next door) – Commended Mr. May for what he is doing with the
business – Agrees it is markedly improved from what previous owner had – feels
it will continue to improve. His concern:
Diesel exhaust/air contaminants.
When equipment is operated in back of property it is not an issue
Patricia Kay – 1509
Hermance Rd – Spoke in favor of the project and in support of
Mr. May. Feels town should be
encouraging local businesses to stay within the community, not discourage them
by opposition
Susan Sutch – 5894 Greens
Corner Rd – Also commended Mr. May for what he is doing –
However, considering close proximity to neighbors, small size of the lot, does
not feel it is an appropriate use of the property. Feels lot size is too small for the intended
use. Feels project most closely meets
definition of light industrial (quoted zoning regulations), which requires a
minimum of 5 acres. Reported on her
personal observations based on visits to adjoining properties (i.e.,
Malinowski) . Also questioned if use
would include housing of Earth Development equipment. Chair asked for clarification as to whether
or not there were actually three businesses proposed for the site. Jordan again explained that there never were
three businesses proposed; only Q Squared and Earth Development – sand and
gravel aspect is part of Earth Development.
While there will be times when ED equipment will be on site, it is not
his intent to house the equipment there full time; has 25-acre gravel pit in
T/o Providence where equipment will be.
Kenneth Rayna – 1509
Hermance Rd. – Commended Mr. May for his desire to do business
within T/o Galway and encouraged [town] to promoting ‘these young
entrepreneurs’ remaining in the community. Feels his type of business is needed
in the community and workers he will employ will help promote other local
businesses (i.e., restaurant).
Environmental laws govern abatement measures/remedial action relative to
spills – Jordan will be held accountable to those laws.
Fred Sutch – 5894 Greens
Corner Rd – Commented on “stringent” regulations he faced
relative to SUP he obtained for his electrical business approximately 31 years
ago – This project seems to involve a lot more activity and a lot larger
equipment – “something seems amiss”.
Don Malinowski
– Again objected to use of rear of property, commenting that several years ago,
based on a letter [of complaint] Mr. Malinowski sent to the town, Mr. Quick was
ordered to move one car and a truck that he had on the back of the lot.
Scott Kerins
– Stated that sharing a border with Mr. May’s property, he has a vested
interest in what happens here. Asked
that the record reflect that he supports Mr. May – only concern is the
aforementioned diesel exhaust pollution.
Clerk
– Read off names/addresses of letters of notification returned as undeliverable
(in file)
Chair
– Acknowledged correspondence received from James Walker with regard to his
concerns – Similar to concerns voiced by other members of the community.
Chair poled the board
members to see if there was any reason to continue the public hearing over to
next month. Board members agreed public
hearing should be closed. Motion by
Mary Lynn Kopper to close public hearing in regard to application
#06/019. Seconded by Margaret
Phillips. Roll call vote: All ayes – Motion carried. Public hearing closed.
PUBLIC MEETING Opened
Application #07/008 …
Winfield McIntyre … tax parcel
#186.-1-92 …
Chair acknowledged
correspondence received from area residents (in file) -- Will remain in file as
requested. Otherwise, this application
is deemed closed, based on Mr. McIntyre’s withdrawal.
Application #07/014 –
Betty A. Keller for subdivision … 1435 Perth Road, town of Galway, tax parcel
#198.-1-84
As reported, Mrs. Keller
will not be in attendance; therefore, no formal action will be taken tonight
Application #05/009 –
Gerard McKenna … major subdivision of 96+ acres located on NYS Rte. 147
Mr. McKenna will not be
in attendance; therefore, no formal action will be taken tonight
Application
#06/019 – Q. Squared (Jordan May) - Site plan review/special use permit … tax parcel #185.-2-4
Mary
Lynn Kopper – Regarding letter from SCPB, asked for
clarification/interpretation of recommendation of no outdoor storage of
“vehicle parts, tires, etc” – difference between unlicensed/unregistered
vehicles and parts?. Both are on the
property. Would they be considered
parts? Chair responded will seek
clarification, but would assume definition would include unassembled or
disassembled vehicles or parts of vehicles.
Number of vehicles allowed on the lot, rather registered or
unregistered, is a different matter. In
response to another question from Mary Lynn Kopper, Mr. May explained that
material in bins (which hold only one load) on the property is primarily for
resale (pick-up load of mulch, etc.) to homeowners. Has small machines for this purpose – cannot
load big trucks. Wholesale to
landscapers would more likely be delivered directly to them. In response to questioning from Ruthann Daino
relative to narrative submitted by Mr. May (dated 5/10/07), in which he stated
property is also intended to be the base location for Earth Development, LLC,
applicant explained equipment does not remain on site with any
consistency. It’s the base location
because that is his shop. Further clarified
that repair of cars and trucks could be for other people “to a degree”, but
that would not be his primary focus but would not commit to not advertising as
such. Ruthann Daino – Asked if
proposed 1500 gal. concrete holding tank was in lieu of septic. Mr. May responded no, that it is for the shop
bathroom only. Existing septic (for Mr.
Quick’s trailer) reportedly works – does not anticipate changing it unless it
develops a problem. Asked for reason he
needed such a large parking area. Mr.
May answered because he owns “quite a few trailers – doesn’t intend on getting
any smaller”. In response to questions
from Margaret Phillips, Mr. May explained trailers consist of dump
trailers, flat beds, low boys, to move equipment, prep work. Has one box trailer there used for storage
(tires, tools, miscellaneous shop supplies).
Reason he can’t locate them elsewhere is because in early spring he
cannot run the [town] roads – this is the reason he chose a location on a state
highway. Questions from Chair:
Typical hours of operation? Ans.: Could be days when might start earlier or
work later, but generally speaking, 7 – 8:00 AM to 5 – 6:00 PM. Number of
current employees? Ans.: Earth
Development – 3 or 4; Q Squared – None.
Does he anticipate Q Squared having any employees? Ans.: Someday,
possibly within next 5 years – 1 or 2.
Generally speaking, employees consist of a driver coming to get a truck
and leaving. Margaret Phillips–
How many storage trailers on site? Ans.: One to 2 at most. Eventually (after anticipated renovations)
would like to have storage of tires inside the building. Regarding equipment that is too large to fit
inside current building, Jordan stated he would take it somewhere else to work
on – would not work on it outside the building.
Discussion took place regarding dirt coming from site, both in the past
and at present, and applicant’s plans for abatement, current buffers and plans
for further buffering, parking arrangements (including number and size of
trucks/equipment), types and amounts of possible spill and methods of clean
up. Jordan reported that he tried to get
DEC to make a site visit but they would not agree to it. DEC did provide him with copies of paper work
regarding spills that occurred on the site under previous owner and that they
were cleaned up to DEC satisfaction and documentation that [gas] tanks have
been removed, as well as reports on 7 water inspections of adjacent properties
(copies in file). Jordan
addressed/responded to issues/concerns raised by the various members of the
community. Mr. May summarized, stating
his belief that lot is cleaner, improved, he has appeared before the ZBA as
directed by PB. ZBA did not see an issue
with site being too small – issues as they saw it, were buffers, contamination,
spill issues. Was under the impression
that by going before the ZBA and getting their approval, the lot [size] issue
was resolved. Chair listed three options
board has to consider: 1) Can take action tonight to deny the request if board
feels there is sufficient information to do so; 2) Can take action to approve
it as proposed, without stipulation; or, 3) It can move to approve a SUP with
specific site conditions (cited a few possible conditions). Also advised that board should, on advice
from counsel, avoid mandating hours of operation – are other ways to accomplish
that particular condition (i.e., noise ordinances, etc.) Chair polled the board: Does it feel there
is enough information to act on this application tonight. All members agreed board should not take
action tonight – should continue discussion/action to next month. Chair advised public that, while public
hearing has concluded, it does not preclude any members of the public to
continue to provide the board with more information – welcomes reporting of
concerns in order to mitigate them, or at least to understand them.
PRIVILEGE OF THE FLOOR
OTHER BUSINESS
Chair reported he will be attending a FEMA Flood
Plain and Flood Insurance workshop – Brief discussion ensued took place
Respectfully
submitted,
Carol
L. DeLorme, Clerk
09/12/07