Town Hall -
MEETING CALLED TO ORDER AT 7:30 PM by
Paul Lent. Chair explained
policy/procedure and terms frequently used by planning board. Clerk then called the role:
MEMBERS PRESENT: Paul
Lent, Mary Lynn Kopper, Michelle Morgan and Margaret Phillips.
MEMBERS ABSENT: Ruthann Daino (excused)
Chair introduced new PB member, Margaret Phillips. ALSO PRESENT: Carol
DeLorme, Clerk; Mike Tillson, town board liaison; and
approximately 22 people in the audience.
REVIEW AND APPROVAL OF MINUTES
All members previously reviewed
the minutes of the January 23, 2007. Motion by Mary Lynn Kopper to approve the
minutes as presented. 2nd - Michelle Morgan. Voice
vote: All ayes. Motion carried. Accepted as presented.
Correspondence received from town
of
Transmittal received from SC
Clerk’s Office: 1 map was filed during month of January 2007: Subdivision of
lands of Cathal Carr (
Chair explained that while board does have a quorum (minimum 3 members), with one member absent (Ruthann Daino excused for the evening) and new member unable to vote on certain matters, a unanimous vote would be required to pass any motions. Gave applicants the option to postpone their applications until next month when there would likely be a full board if they wish. No one indicated a desire to defer to next month. Reminded by supervisor [Hargrave] that board members can receive a $25 meeting attendance fee (can be paid $25 toward required continuing education). If anyone would like to take part in that, advise Chair and he will secure appropriate vouchers. During past month, have had several meetings with SCPB (Mike Valentine, Jason Kemper) regarding several items/procedural issues – very informative. Probably will discuss further as we proceed forward. PUBLIC HEARING - Opened at 7:35 pm. Clerk read the legal
notice as it appeared in the Daily Gazette on 2/17/07.
Application #06/015 – Alexander K. Milton for a 4-lot minor
subdivision of 15.799 acres located at Galway Road (C.R. 45) and Crane St., tax
parcel #199.-1-76.2 - Mrs. Milton was present. John Garry and wife, Lettitia Dovhan
(neighbors on
Application #07/002 – Bruce Sleight for subdivision of a
4-acre lot from a 10.5-acre parcel located on Consaul Rd, tax parcel
#200.-1-70, a 2-lot minor subdivision - Mr. and Mrs. Sleight were both present. Clerk noted for the record that one letter of
notification was returned as undeliverable (addressed to Line Hopfe). No comments/questions from audience.
Application #07/004 – Jane Brooker for subdivision of a
3-acre lot from a 94+ acre parcel located on Bliss Road, tax parcel #200.-1-39
(Estate of Margaret Richardson), a 2-lot minor subdivision
Mrs.
Brooker was present, as was her surveyor, Robert Mac Farland. No comments/questions from audience.
Motion by Mary Lynn Kopper to close
public hearing. Seconded by Michelle Morgan. Roll call vote: Paul Lent, yes; Mary Lynn Kopper,
yes; Michelle Morgan, yes. Motion carried. Public hearing closed @ 7:45 PM.
PUBLIC MEETING
Application #06/015 – Alexander K. Milton … tax parcel
#199.-1-76.2
Chair explained that there is nothing
binding regarding future subdivision.
Proposed subdivision is well within the guidelines of subdivision
regulations and does meet the criteria for subdivision. Acknowledged concern regarding potential growth. No other comments from board. Motion by Mary Lynn Kopper to grant final approval to application #06/015, application of
Alexander K. Milton for a 4-lot minor subdivision of 15.799 acres located at
Galway Road (C.R. 45) and Crane Rd., tax parcel #199.-1-76.2, as per plot
plan/subdivision map submitted 2/03/07, and approve for filing. 2nd - Michelle Morgan. Roll call vote: Paul Lent, yes; Mary Lynn Kopper, yes;
Michelle Morgan, yes. Motion carried. GRANTED FINAL APPROVAL FOR A 4-LOT MINOR
SUBDIVISION. (Additional $75 fee due
(three new lots created.)
Application #07/002 – Bruce Sleight … tax parcel #200.-1-70
Chair acknowledged minor changes made to
subdivision map per PB request. No
further comments from board. Motion by
Mary Lynn Kopper to grant final approval to application
#07/002, application of Bruce Sleight for subdivision of a 4-acre lot from a
10.5-acre parcel located at 4905 Consaul Road, tax parcel #200.-1-70, a 2-lot
minor subdivision, as per plot plan/subdivision map submitted 2/13/07, and
approve for filing. 2nd
- Michelle Morgan.
Roll call vote: Paul Lent – yes;
Mary
Application #07/004 – Jane Brooker … tax parcel #200.-1-39
No comments from board. Motion by Mary Lynn Kopper to grant final approval to application #07/004, application of Jane
Brooker for subdivision of a 3-acre lot from a 94+ acre parcel located at 4954 Bliss Road, tax
parcel #200.-1-39, a 2-lot minor subdivision, as per plot plan/subdivision map
submitted 2/07, and approve for filing. 2nd
- Michelle Morgan.
Roll call vote: Paul Lent, yes;
Mary Lynn Kopper, yes; Michelle Morgan, yes.
Motion carried. GRANTED
FINAL APPROVAL FOR A 2-LOT MINOR SUBDIVISION.
Applicants were advised to submit 2 mylar and 2 papers copies of the
subdivision map for signing. Applicants
will be required to submit one copy of each with the Saratoga County Clerk’s
Office within 62 days of signing.
(Additional $25 due (one new lot created).
Application
#06-029 – Chas. H. Sells, Inc. o/b/o Frisbro Enterprises, 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) (Modification of
a 4-lot minor subdivision approved 4/22/02) – Michael Groff present
representing applicants (Frisbro). To
make a 5-lot subdivision, moved some lot lines, provided additional turn
arounds for fire/safety equipment, provided the long form EAF. Chair – One concern is the raised septic
systems. Had a conversation with DEC –
Based on the fact that a raised septic system is an alternative system and
given conditions there, those systems will need to be approved by DEC. Some concern with close proximity of the
systems, wetlands and wells. Mr. Groff –
First time around, same concerns were there.
Acknowledged all the draining there goes down to the pond. Chair – Would like assurance that he has
conferred with DEC. SCPB voiced same
concerns regarding [septic systems].
Other concern: SWEPS permit. While not [PB] function, seems there may be
need to file notice of intent – make sure that is done. Chair asked for input from other board
members. Mary Lynn Kopper – same concerns, particularly DEC
involvement. Chair – Road design vast
improvement. Is there flexibility
regarding placement of houses? Could
houses be set back with septic systems in front? Mr. Groff – Yes. However, original request
from fire dept./emergency services was to have houses within 100’ of a turn
around. That’s why the houses are
proposed up front. Chair – regarding
long form EAF – Answers should be fully supported by evidence that there is no effect
-- All assumptions were based on consultation, investigation, etc. Mr. Groff indicated willingness to provide
such documentation. Chair – personally
not ready to move along – would like to see more evidence on SEQR, something
from DEC about septic systems, look at alternative placement of houses. Application has been referred to SCPC
(2/15/07). Will also be referred to town
engineer (Jim Mitchell). No need to go
to DOH (all lots are over 5 acres). No
further discussion.
Application #06/032 – Donald & Marcella O’Neil - 2-lot
minor subdivision of 96.62 acres located at 1357 Kania Rd., Town of Galway, tax
parcel #211.-1-39.111 - The O’Neil’s son (John) and
daughter-in-law (Rene Roth-O’Neil) were present to represent them tonight
(property being conveyed to them).
Proposal is to subdivide 35 acres on the south side of Kania Road from
the original parcel of 96+ acres (on north and south sides of Kania Road). Existing barn and shed will be on the new
parcel (should be designated as lot #2).
Existing house will remain with parent parcel on north side (should be
designated as lot #1). Discussion
regarding designation of “marshy area”/existence of wetlands. At Mrs. O’Neil’s request Chair provided an
explanation of what constitutes designated wetlands. Chair explained that term
“marshy area” is not considered adequate in terms of designating existing
wetlands. Following brief discussion,
the O’Neil’s were referred back to their surveyor. Map should indicate: a) are there wetlands. If not, then a statement should be included
that there are no wetlands on the property; or, b) if there are wetlands, where
are they (relative to the new parcel being created) and where is the 100’
buffer. Applicants were again provided
with a checklist of the items that need to be included on the survey/subdivision
map (several items are missing presently).
Map must also contain the agricultural disclosure statement (property is
located within boundaries of Cons. Ag. District #2). No further action to be taken at this time. Classification and SEQRA to be completed next
month.
Application #07/001 – Betty A. Keller - lot line adjustment
between tax parcel #s198.-1-84 and 198.10-1-33 (Leonard Weiss; 1.988 acres
being conveyed to Weiss) - Bill Weiss was present
representing the applicants. Last
month’s discussion centered around discussion of intentions for the
property. Mary Lynn Kopper reported that
investigation revealed the neighbors in the area consider [the proposal] an
improvement. Chair also reported that
once he visited the site, it all came together.
Looking at the map it appeared to be more complicated than it is. Mr. Weiss also reported that he has heard no
negative feedback from the neighbors.
Chair polled the board as to whether they would like to move forward
with this application and take a vote, or pursue further discussion. All members agreed to move forward. Motion by Mary Lynn Kopper to waive SEQRA declaration and public hearing relative to application
#07/001, application of Betty A. Keller.
2nd by Michelle Morgan. Roll call vote: Paul Lent, yes; Mary Lynn Kopper, yes,
Michelle Morgan, yes; and, Margaret Phillips, yes. Motion carried. SEQRA DECLARATION AND PUBLIC HEARING
WAIVED. Motion by Mary Lynn Kopper to classify application #07/001 as a lot line adjustment between tax
parcel #198.-1-84 (Lands of Keller) and tax parcel #198.10-1-33 (Lands of
Leonard Weiss). 2nd
by Michelle Morgan.
Roll call vote: All ayes. Motion carried. CLASSIFIED AS A LOT LINE ADJUSTMENT. Motion by Mary Lynn Kopper to grant final approval to application #07/001 and approve for
filing. 2nd by Michelle
Morgan.
Roll call vote: All ayes. Motion carried. GRANTED FINAL APPROVAL FOR A LOT LINE
ADJUSTMENT. Mr. Weiss was advised to
submit two mylar and two paper copies (in file) of the final approved
subdivision map for signing by the Chair.
Applicants will have 62 days from the date of signing to file one copy
of each with the Saratoga County Clerk’s Office.
Application #07/003 – Robert and Mary Cunningham for
subdivision of 24.5 acres located on Graves Rd., tax parcel #186.-1-26 - Mr. and Mrs.
Cunningham were both present, as was surveyor, Art Carpenter. Original (Scripter Estate) major subdivision
was filed with the county in April 2006.
Chair reported that he has reviewed this with [SCPB]. Chair asked applicants if it is their intent
that the second lot is being formed under the auspices of a flag lot definition
within [the town of Galway] regulations?
Mr. Cunningham replied affirmatively.
Chair – under most liberal of interpretations of definition of a flag
lot (Chair read definition into the record), lot being created does not meet
that definition. As there is roughly
only 300’ of frontage on Graves Road, there is no configuration that would give
each of the lots the required 200’ of road frontage. Chair feels current proposal would require an
area variance from the ZBA because Lot #2 lacks required frontage and the lot
configuration does not satisfy the definition/intent of a keyhole lot --creating a short entrance straight in to
another lot that doesn’t meet the road frontage requirement. Chair also advised applicant that proposal
will require the SEQRA long form because of the major subdivision status
(creating an additional lot in less than 5 years of previous major
subdivision). Mary Lynn Kopper reported
that she also spoke with Jason Kemper of SCPB due to her similar concerns. Chair noted a discussion with Ruthann Daino
revealed she has some of the same concerns.
Chair suggested applicants try to reconfigure lots, come up with
something that [meets the criteria of a flag lot], and come back for a
preliminary review. In response to
question from Mr. Cunningham, he was advised that it does not matter if the
flag lot is the larger or smaller of the two lots. Mr. Cunningham was further advised that any
drive way into the back lot that is or has the potential of being in excess of
500’ in length must be constructed to specifications to sustain emergency
vehicles (provided with copy of criteria and advised that a note must also be
included on the map). Chair clarified
that new map can be a preliminary one; no need to have a formal map drawn up
until after another review and acceptance by the Board. No need for a new application; only a revised
site plan. 10 copies of the map need to
submitted a minimum of 14 days prior to the next meeting they wish to
attend.
Application #07/005 –James & Karen Dotterweich – Site
plan review/special use permit for sales/service of tractors and power
equipment and periodic rental of U-Haul equipment from property located at 6049
Fishhouse Road (C-1 Commercial Zone) – tax parcel #172.-1-57 - Mr. and Mrs. Dotterweich were both present. Applicants prepared/submitted a site plan,
received 2/06/07. Marked on the map
about where the U-Haul trucks will be located.
Applicants projected there would be a maximum of 5 or 6 trucks on the
property at any one time, stating the trucks do not stay long – U-Haul moves
them out pretty quickly. Would not
object to being restricted to number of trucks on site. Board members all agreed have enough information
to move forward to public hearing next month.
Application has been referred to SCPB but comments have not been
received to date. Discussion regarding
signage. Applicants were encouraged to
meet/discuss with code enforcement official, as any sign must comply with sign
regulations. They were requested to
bring in a photo or drawing of any sign they intend to add for review (U-Haul
and/or business sign). SEQRA form was
then reviewed. Re: C1 - Michelle Morgan
asked question if there would be any oil/waste products discarded as a result
of oil changes, etc. If so, is there a
plan in place for proper disposal. Mr.
Dotterweich responded affirmatively. Motion by
Mary Lynn Kopper to grant application #07/005,
application of James and Karen Dotterweich for site plan review/special use
permit, a negative SEQRA declaration. 2nd
by Margaret Phillips.
Roll call vote: All ayes. Motion carried. GRANTED A NEGATIVE SEQRA DECLARATION. Application will be scheduled for public
hearing in March.
Application
#07/006 – Garry & Patricia Silk – subdivision of a 3-acre lot from a
5.97-acre parcel – 1083 Kania Road, town of Galway, tax parcel #210.-1-14.2 – Mr. Silk was
present. Explained they own
approximately 6 acres on Kania Road with somewhere around 720’ of road
frontage. They would like to basically
split it in half, to create a 3-acre lot to be conveyed to their daughter for
building. Mr. Silk explained smaller
parcel (separate tax parcel #) was never annexed to the larger parcel but is
factored into the 5.97 acre total.
Applicant was cautioned that minimum lot size is 3 acres. Formal survey could reveal it to be more or
less than the stated 5.97 acres. If
less, would be creating a lot that is under 3 acres. Suggested that smaller parcel could be
annexed as part of this application. Mr.
Silk had a question regarding perk tests; was advised that with a simple 2-lot
subdivision, unless there is something on the lot that causes concern, perk
tests are usually a part of the building permit process. Applicant was provided with a checklist of
items to be included on formal survey/subdivision map. Agricultural disclosure statement must also
be included (Cons. Ag. District #2). [10
copies of map should be submitted minimum of 14 days prior to next meeting applicant
wishes to attend.] No formal action this
month.
Application #07/007 – Melodye Smith-Eldeen – subdivision of
7+ acre lot from a 60+ acre parcel located at 6051 Greens Corner Road, town of
Galway, tax parcel #172.-1-28 – Dan Eldeen (husband) was present
to represent the applicant (authorization provided and in file). Request is to subdivide a 220’ x 1500’ parcel
(approximately 7 acres) from a 60-acre parcel on which to build a retirement
home. It would leave approximately 660’
road frontage for the remainder of the property. Existing house will remain with the parent
parcel. Mr. Eldeen advised that a formal
survey/subdivision map must be submitted (10 copies) a minimum of 14 days prior
to the next meeting he wished to attend (indicated he is interested in
attending next month). No formal action
taken this month.
Application #07/008 – Winfield McIntyre – subdivision of a
17+ acre parcel located on Alexander Road (part of major subdivision of Estate
of Rachael Scripter), tax parcel #186.-1-92 - Mr.
McIntyre appeared. Indicated this is Lot
#6 of the previously approved Scripter major subdivision. Mr. McIntyre indicated he heard discussion of
previous application from this estate.
He was advised that the fees, because it falls under the major subdivision
classification, are substantial (application fee - $100, recreation/green space
fees $550/lot). Proposal is to subdivide
lot into two equal-sized parcels (each approximately 8.75 acres), and each
having 205’ of road frontage on Alexander Road.
Subdivision is being done to allow construction of two homes for
extended family members. Houses will be
set back about 400’ from the road. Use
of an existing farm road as a common driveway is intended (no other driveways;
easements will be drawn up). Chair –
First concern: originally lot was set up for a single residence. By narrowing the lots down to 200’ wide,
where will the houses, wells and septics be located, given the 100’ buffer that
must be maintained, separation requirements, etc.-- very important to see. Also concerns regarding use of common
drive. Typically try to avoid that,
especially when there is adequate road frontage. If common drive were approved, deeded
easement would need to be submitted for review.
Mr. McIntyre defended the concept, stating his opinion that creating a
second driveway would actually have an adverse affect. Mary Lynn Kopper – Thinks that in this
particular area, the common drive would actually be more acceptable,
aesthetically. Briefly discussed
further. Mr. McIntyre stated he is very sensitive to the aesthetics of the area
and is trying to propose something that will maintain the existing meadows and
keep the lane as it is. Is sensitive to
the desires [of the town] to maintain the rural character of this area; that is
why he is proposing the subdivision the way he is. Applicant was provided with a list of
information that must be included on the survey/subdivision map (included
statement regarding driveways as there is a potential for a driveway that would
exceed 500’ in length). Long form EAF
will be required. Discussion regarding
process took place. Next step for
applicant is to have formal survey/subdivision maps prepared and submitted (10
copies) minimum of 14 days prior to next meeting he wishes to attend, along
with the long form EAF. No formal action
taken tonight.
Application #07/009 – Thomas Eletto – subdivision of 24-acre
parcel located on NYS Route 29, town of Galway, tax parcel #172.-2-41.1 – Mr. Eletto was in attendance.
Explained his desire is to create three lots; 2 flag lots with 40’ road
frontage that will use a common driveway, and one standard lot with 258’ of
frontage on NYS Route 29. Lot #1 will be
5.6 acres, lot #2 – 4.2 acres and lot #3 – approximately 14.2 acres. Brief discussion regarding topography of the
land. Reports he does not currently have
anyone interested in the property. He is
a builder so may build a spec house. Mr.
Eletto advised that he must have a surveyed site plan (map) drawn up (10
copies). Discussion regarding need for
Fire Dept. to look at the plans due to grade changes, etc. Mr. Eletto indicated he would discuss it with
fire chief (Doug DeRidder) and bring verification/comments back to the PB. Due to possibility of a driveway that would
exceed 500’, applicant advised that applicable note must be included on map.
Also, driveway cut/permit onto Route 29 must be obtained from NYS DOT. Applicant was advised to submit 10 copies of
site plan a minimum of 14 days prior to the next meeting he wishes to
attend. No formal action taken at this
time.
Application #07/010 – Curt Kolakowski (PDH Properties, LLC)
– subdivision of 7+ acres located at 2784 Shaw Road, town of Galway, tax parcel
#174.-1-85 – Mr. Kolakowski was present. Reports he owns a 7.9-acre lotwith approximately
480’ of frontage on Shaw Rd. It would be
possible to create two lots without the use of the flag lot concept but does
not think resulting lots would be as nice.
Therefore, would like to create a 4.6-acre lot flag lot (Lot #2) with
approximately 100’ of frontage, and a 3.3-acre lot (Lot #1) retaining existing
house/garage and remaining frontage.
Brief discussion regarding existing structures on the property and
explanation of reasons applicant prefers to create a flag lot. No negative comments from board members. Next step is to have formal surveyed site
plans drawn up. Applicant was provided
with a checklist of items to be included on maps and advised that he needs to
submit 10 copies a minimum of 14 days prior to the next meeting he wishes to
attend. No formal action taken
tonight.
PRIVILEGE OF THE FLOOR
None requested
OTHER BUSINESS
Refer
McIntyre, Cunningham and Beaver Lake Estates applications to Fire Dept for
review/comments.
Respectfully submitted,
Carol L. DeLorme, Clerk
3/05/07