Town Hall -
MEETING CALLED TO ORDER AT 7:32 PM by
Paul Lent. Chair explained
policy/procedure of the planning board.
Clerk then called the roll.
MEMBERS PRESENT: Paul
Lent, Mary Lynn Kopper, Ruthann Daino, Timothy Fisher and Michelle
Morgan.
MEMBERS ABSENT: None
ALSO PRESENT: Carol
DeLorme, Clerk; Mike Tillson, town board liaison; and
approximately 35 people in the audience.
REVIEW AND APPROVAL OF MINUTES
All members previously reviewed
the minutes of the previous meeting (November 28, 2006). Motion
by Mary Lynn Kopper to approve the minutes as presented.
Seconded by Tim Fisher. Voice vote: All ayes. Motion carried.
Communications received from SCPB
regarding review of applications: Peter
Harrison, CellCo Partnership (Verizon Wireless), Estate of Margaret Richardson
(Decision: No significant county wide or
inter community impact), and Douglas Cath (Decision: Approve).
Transmittal received from SC
Clerk’s Office: 3 maps filed during month of December 2006:
Notice received from town board –
Mileage reimbursement set at $ .485/mile for 2007
Remind members of SCPB Annual Workshop is tomorrowAt its January meeting, the Town board reduced the planning board membership to five (5); thereby allowing the board to conduct business with a quorum of 3Tim Fisher tendered his resignation from the Planning Board effective end of this month (moving from community)PB conducted a workshop with the SCPB and the t/o Charlton PB in January. Very worthwhile. Will be instituting a couple of procedural changes as a result of that workshop PUBLIC HEARING - Opened at 7:38 pm. Clerk read legal notice
as it appeared in the Daily Gazette on 1/13/07.
Application #06/028, the application of Peter and Christina Guidarelli
for a 2-lot minor subdivision of a 2-acre lot located at
Mr. Guidarelli was present. Mary Lynn Kopper reported that Mr. Cayey
(Galway Lake Association) was in earlier and stated he was “ok” with it; Mr.
Ladu (adjoining neighbor) and she met this weekend. He also indicated his approval. No questions/comments from the public.
Application #06/031, the application of Peter Harrison, for a site plan
review/special use permit for an artist’s studio and establishment of a home
occupation involving the making/distribution of fine furniture on property
located at 6280 Jockey Street (East Galway) in the town of Galway, tax parcel
#176.06-1-22 (lands now or formerly of Arthur Sellers).
Mr. Harrison was present, as were
some members of the community, who spoke with regard to the
application:
Woody Herman – 2766
Route 29 – In support – Gave reasons for his support
Thomas Hopkins – Route
29 – Acknowledged mailing received from applicant explaining his proposal –very
positive – also in support of project
Debbie Topper –
Jim Brice – Route
29 – In full support
Martha Morgan –
Sandy Foster – Village
Pizzeria – In favor
Bill Topper –
Referenced a letter he submitted to the board (copy in file). In full support, although some reservations:
Potential for noise and “driveway hazard”
Peter Harrison –
Reference driveway hazard – One barn, which is on the road, hindering
visibility. He plans on moving or
removing the barn. No other
comments/concerns expressed by members of the public.
Application #06/035, the application of Cellco Partnership d.b.a. Verizon
Wireless for site plan review/special use permit for the addition of a
microwave dish (6 ft. in diameter) to an existing cell tower located at 2089
NYS Rt. 29 in the town of Galway (Lands of George/Sandra Stanislowski), tax
parcel #173.-1-59.2
Mr. Brennan was present
representing Cellco Partnership. Chair
explained the application. There were no
comments/questions.
Motion by Ruthann Daino to
close public hearing. Seconded by Tim Fisher. Roll call vote: All ayes.
Motion carried. Public hearing
closed
PUBLIC MEETING
Application #07/002 – Bruce and Vivian Sleight for
subdivision of 10.5 acres located at 4905 Consaul Rd, tax parcel #200.-1-70
Mr. and Mrs. Sleight were both
present. Subdividing a 4-acre lot from a
10.5-acre parcel; land to be conveyed to their daughter to build a house
on. (New lot will be the lot with the
pond.) Brief discussion regarding the
slope (elevation change) depicted on the survey map. Chair acknowledged call received from
neighbor, Mrs. Donnan, who expressed strong support for the project. Applicant was instructed to add a driveway
location (for new lot – rough location) to the survey/subdivision map. No other questions/comments from board
members. Board then reviewed the SEQRA
form.
Motion by Mary Lynn Kopper to
grant application #07/002 a negative SEQRA declaration. Seconded by Ruthann Daino. Roll call vote: All ayes.
Motion carried. GRANTED A
NEGATIVE SEQRA DECLARATION. Motion by
Ruthann Daino to classify application #07/002 a 2-lot
minor subdivision and schedule for public hearing. Seconded by Mary Lynn Kopper. Roll call vote: All ayes. Motion carried. CLASSIFIED A 2-LOT MINOR SUBDIVISION. Public hearing will be scheduled for February
27, 2007.
Application #06/028 -
Peter and Christina Guidarelli - tax parcel #185.17-2-9
No further comments/questions from
board members. Motion by Mary Lynn
Kopper to grant final approval to the request for Peter and Christina
Guidarelli (application #06/028) for a 2-lot minor subdivision of a 2-acre
parcel located at 9060 Nassel Drive, Galway Lake, tax parcel #185.17-2-9, as
per final plot plan/subdivision map submitted 11/14/06, and approve for
filing. Seconded by Ruthann Daino. Roll call vote: All ayes.
Motion carried. GRANTED A
2-LOT MINOR SUBDIVISION. Applicant was
advised to submit two Mylar and two paper copies of the final approved map for
signing by the Chair. Applicant will
then have 62 days in which to file one copy of each with the Saratoga County
Clerk’s Office. (Note: Additional $25 subdivision fee [one new lot
created] due at this time)
Application #06/031 -
Peter Harrison - tax parcel #176.06-1-22
Chair asked for confirmation from Mr. Harrison on the
following items:
1)
Is
it, or is it not your intention to have any employees?
-
Mr.
Harrison – It is not his intention to have any employees
2)
How
often (best estimate) do you anticipate the delivery of materials, supplies,
etc., to the location
-
Mr.
Harrison – UPS every other week (approximately). Lumber he would pick up himself. Most other supplies, if they can’t be
shipped, he generally picks up
3)
Is
it your intent within this business to produce anything other than
furniture? Furniture does not include
countertops or anything of that nature; strictly the furniture as depicted in
previous submissions
-
Mr.
Harrison indicated his understanding – He will produce furniture only
Ruthann Daino – Regarding delivery of the furniture – How does it get to
your market?
-
Mr.
Harrison – Generally, he does delivery.
Occasionally he will ship
Chair – Hours of operation? Also,
concerns have been expressed regarding potential noise.
-
Mr.
Harrison – Hours approximately 10 AM to 6 PM - Noise is a big concern of his,
as well. He has done some monitoring of
how he works. A lot is handwork. Building will be very sound tight, no windows
facing neighbors; amount of noise is very negligible. He is currently in a very residential area
and has never had any complaints/negative comments regarding noise. Also indicated he has no objection to
limitation of hours of operation.
Mary Lynn Kopper – Forthcoming revised zoning regulations restrict home
occupations in the hamlet areas to a maximum of four employees of your own
family. Proposed that in keeping with
that, this restriction be included in Mr. Harrison’s permit. Following discussion, other board members agreed.
Ruthann Daino – Because this will not require a driveway permit (using an
existing driveway), what assurances are there that the barn (near the entrance)
will be moved or removed as Mr. Harrison stated, in a timely manner?
Chair – Suggested a stipulation requiring a consult with SCDPW reference
necessary remedial action. No further
questions or comments. Motion
by Mary Lynn Kopper to grant final approval to the site plan of Peter
Harrison (application #06/031), submitted 11/10/06, for an artist’s studio and
home occupation involving the making/distribution of fine furniture on property
located at 6280 Jockey Street (East Galway), town of Galway, tax parcel
#174.06-1-22 (lands now or formerly of Arthur and Tomisa Sellers), thereby
authorizing the zoning administrator/code enforcement officer to issue a home
occupation permit, with the following stipulations: 1) that only employees will be a maximum
of four (4) family members; 2) Hours of operation (noise producing
activities) – 7 AM to 9 PM; and, 3) that the applicant will meet with
representatives of SCDPW to determine what, if any, remedial action is needed
at the property access site to ensure public safety (to address sight lines). Seconded by Michelle Morgan. Roll call vote: All ayes.
Motion carried. SITE PLAN
APPROVED. Applicant
was advised to contact the code enforcement officer for issuance of necessary
permits. (Note: All fees have been paid.)
Application #06/035 -
Cellco Partnership (Verizon Wireless) - Tax parcel #173.-1-59.2
As requested, Mr. Brennan previously submitted a revised
site plan showing a profile view of the tower showing the microwave dish from
the side, rather than head-on. Tonight,
he supplied proof that the removal bond remains in effect (continuous bond). Motion by Ruthann Daino to grant final
approval to the site plan submitted by Cellco Partnership (d.b.a. Verizon
Wireless) under application #06/035 for a special use permit for the addition
of a microwave dish (6 ft. in diameter) to an existing cell tower located at
2089 NYS Route 29 (lands of George & Sandra Stanislowski) in the Town of
Galway, tax parcel #173.-1-59.2, thereby authorizing the zoning
administrator/code enforcement officer to amend the existing special use
permit. Seconded by Tim Fisher. Roll call vote: All ayes.
Motion carried. SITE PLAN
APPROVED.
Mr. Brennan was advised to contact the zoning
administrator/code enforcement officer to secure the special use permit and any
other permits necessary to proceed with the project.
Application #06/015 – Alexander K. Milton - 4-lot
minor subdivision of 15.799 acres located at Galway Road (C.R. 45) and Crane
St., Town of Galway tax parcel #199.-1-76.2
Mrs. Milton was present. Proposal is for a 4-lot minor subdivision of
a 15+ acre lot. Existing house will be
on a 3-acre lot, with remainder being divided between three additional lots of
approximately 4 acres each (survey/subdivision map submitted 10/23/06). Per recommendations of SCPB, driveways have been
sited, as well as test pits and well locations.
Driveway locations (on CR 45) have been reviewed by SCDPW. This property was part of the Estate of Alice
M. Pajak, purchased and subsequently subdivided (2-lot minor) between the
Miltons and David/Abbie Balbian in 2001.
The acreage purchased by the Balbians was annexed to their property.
Numbering of lots will need to be amended.
Lot with the existing house should be designated as Lot #1; others can
be numbered as desired. SEQRA and
classification were completed in May 2006.
As lot #3 shows access onto Crane Road, t/o Galway highway
superintendent (David Costanzo) should be consulted. Motion by Ruthann Daino to schedule application 06/015 for public hearing. Seconded by Mary Lynn Kopper. Roll call vote: All ayes.
Motion carried. PUBLIC
HEARING TO BE HELD 2/27/07. Applicant
was advised that it will not be necessary to submit 10 copies of the amended
map; two or three copies will be sufficient.
Application #06/018 – James & Pamela Lombard for a lot
line adjustment between tax parcel #185.13-2-5 and 185.13-2-6 located on Hart
Road A, Galway Lake
Mr. Lombard was present. In September 2006, PB gave conceptual
approval to Mr. Lombard’s application, contingent upon securing necessary area
variances from the ZBA. Variances were
granted 11/8/06 (copy of letter in file).
Mr. Lombard is now seeking final approval of his application for lot
line adjustment. No further
discussion.
Motion by Mary Lynn Kopper to
grant final approval to application #06/018 for a lot line adjustment between
tax parcel #185.13-2-5 and 185.13-2-6 (both properties of Lombard), per plot
plan/survey map submitted 1/06/07, and in accordance with area variances
granted by the t/o Galway ZBA on 11/08/06, and approve for filing. Seconded by Michelle Morgan. Roll call vote: All ayes.
Motion carried. GRANTED A
LOT LINE ADJUSTMENT.
Mr. Lombard was instructed to submit two
mylar and two paper copies of the approved subdivision map for signing by the
Chair. He will then need to file one
copy of each at the Saratoga County Clerk’s Office within 62 days of
signing.
Application #06/033 – Douglas E. Cath – subdivision of
9-acre lot from a 61.5 acre parcel located at 4632 McConchie Rd., tax parcel
#213.-1-71.1
Noted:
No one in attendance to represent the applicants. No action taken.
Application #07/001 – Betty A. Keller for a 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 to represent both
parties (authorizations in file) and present the application. Proposal is to take 1.988 acres (Parcel No.
2 on map submitted 12/06/06) from tax parcel #198.-1-84 (subtracting it from
parent parcel, Lot #1, Lands of Betty Keller – formerly Stokna), and annex it
to tax parcel #198.10-1-33 (.0335 acres, lands of Weiss). Tax parcel #198.10-1-33 is in the lake
district; 198.-1-84 is not. Discussion
regarding ownership of Maywood Grove Road (aka May Road). Annexation is desired because: 1) Bought the
property (2003) before the Stokna’s sold out; otherwise, would have done it
many years ago; 2) They do not own the driveway that currently provides access
to the lot – the driveway is part of the Betty Keller parcel; 3) Put in an
engineered septic system (full, conventional system). Now, because they are 100’ from the
neighbor’s well and far enough away from the creek, don’t have room to put in a
well. (Currently use water from the
lake). By acquiring the lot and moving
the lot line over, they will have room for a well. Upon questioning from Mary Lynn Kopper, Bill
stated access to right of way will not be denied to any one. Bill also stated there are no plans of clear
cutting, development, etc. Discussion
regarding proposed location of well in relation to existing stream. Chair – Does not see this as a
‘standard’ lot line adjustment -- a lot to it -- potential impact on a lot of
people. Needs a little more time. Does not think general purpose is bad. Thinks what they are trying to do is
laudable, but personally feels that, for the sake of thoroughness, more time is
warranted. Other board members
agreed. Since it is a lot line
adjustment, public hearing can be waived; therefore, some time would be saved
there. No formal action taken at this
time.
Application #07/003 – Robert & Mary Cunningham for
subdivision of 24.5 acres located on Graves Rd., tax parcel #186.-1-26
Mr. and Mrs. Cunningham were
present. Plan is to subdivide a 4+ acre
lot from a 24+ acres parcel (Lot #10 of the Estate of Rachael Scripter major
subdivision approved in 11/2005) to sell.
Because this lot was part of a major subdivision approved less than 5
years ago, this application would fall under the major subdivision
category. Chair explained
ramifications. New lot (10B) will have a
35’ driveway (frontage) on Graves Road, thereby constituting a flag lot. Ruthann Daino again expressed her concerns
regarding the misuse of the flag lot concept.
Again, in this instance, the flag lot concept is being used to increase
density, which is contrary to the subdivision regulations [Article II
Terminology; Section 100-2 Definitions, page 10007]. Board members agreed cannot do anything
beyond a preliminary review at this point.
More investigation regarding major subdivision aspect needs to be
done. Will need to refer application to
NYS Health Dept. They will interact with
the applicant, but the referral should be made.
Chair restated concerns that need to be addressed as: 1) Are there major
subdivision requirements, 2) that by definition, [the Board] is being asked to
create something our regulations do not want us to create. Chair’s preference is to put it off for
further discussion in February.
Application could require a review by the town engineer if it
constitutes a major subdivision. Also,
all major subdivisions are referred to the SCPB for review (even though on a
town road). Upon questioning from
applicant as to how long this will take, Chair responded the very earliest a
public hearing may be scheduled for could be March, but maybe longer. Reassured applicant that the board will do
its best to move it along, however.
Chair will contact town engineer by phone to discuss application. No additional information is needed from the
applicants at this point. Matter will be
moved forward to the February meeting.
Application #07/004 – Jane Brooker for subdivision of 94+
acres located at 4954 Bliss Road, tax parcel #200.-1-39 (Estate of Margaret
Richardson)
Mrs. Brooker was present, as was her
surveyor, Robert Mac Farland, who presented the application. Request is to subdivide a 3+ acre lot from a
94+ acre parcel. Sister will be
retaining the remainder (91 acres) for farming.
Board members all agreed, pretty straight-forward application. Board reviewed the SEQRA as presented. Motion by Ruthann Daino to grant application #07/004, application of Jane Brooker, a negative
SEQRA declaration. Seconded
by Mary Lynn Kopper.
Roll call vote: All ayes. Motion
carried. GRANTED A NEGATIVE SEQRA
DECLARATION. Motion by
Ruthann Daino to classify application #07/004 as a
2-lot minor subdivision and schedule for public hearing. Seconded by Michelle Morgan. Roll call vote: All ayes.
Motion carried. CLASSIFIED
AS A 2-LOT MINOR SUBDIVISION. Public
hearing to be scheduled for February 27, 2007.
Only necessary revision to survey map is renumbering of lots – parent
parcel should be denoted Lot #1. Not
necessary to submit 10 copies of revised map; two or three is adequate.
Application #07/005 – Karen & James Dotterweich –
Presubmission conference/preliminary review – 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 Fish House Road (C-1 Commercial
Zone) – tax parcel #172.-1-57
Mr. and Mrs. Dotterweich were
present. Mr. Dotterweich reported that
he has been using the building “as a hobby” for the last three years. Hobby has grown enough where he can now work
there full time. Work consists of working
on small tractors, power equipment, small engines. In May of last year, began taking on renting
of U-Haul trucks. Mainly consists of a
drop-off or pick-up spot for the trucks.
Some months, may not have any at all; other times may have one or two --
very intermittent, seasonal. Couple
stated they also own the car wash across the road. The U-Haul business is actually (paper
work-wise and tax-wise) under the car wash business. However, as a computer is needed, it is
physically housed on the property with the engine repair service (6049 Fish
House Rd). They do not own the triangle
piece of property between 6049 Fish House Rd and NYS Rt. 29. Ruthann Daino inquired about the 2-acre
minimum requirement ( lot is only 1.21-acres).
Chair stated his belief that since the parcel pre-exists zoning
regulations, requirement does not apply.
Applicants were instructed to submit a site plan showing dimensions of
the lot, location/size of building on the property, available parking spaces
(number of vehicles that can be accommodated), etc. Ruthann Daino suggested that since it is so
visible, how/what kind of screening would be also be good to know (referred
applicant to zoning regulations section that addresses site plan review/special
use permit [115-61 - 64]). Site plan
does not need to be professionally done; they can develop their own. 10 copies of site plan need to be submitted a
minimum of 14 days prior to next meeting applicants wish to attend.
PRIVILEGE OF THE FLOOR
Art Carpenter – Inquired as to the
board’s feelings about a non-residential subdivision (Austro property -- former landfill). Landfill itself straddles the town line with
the majority of it located in the town of Milton. One corner (about 40 acres) is in the town of
Galway, most of which is either wetlands or wetland buffer. (Entire parcel is
190 acres.) Not enough useful area to
put a home or anything of that nature.
Technically, owner could sell the entire 40-acre parcel. However, the state would rather see all of
the landfill as one parcel, under one ownership. State also wants to see a 100 ft. buffer around
the edge of the fill. Owner believes she
could sell approximately 25 to 30 acres with the idea of someone being able to
use it for recreational purposes (i.e., cross country skiing, hiking). There is enough land to put in a small
parking area; beyond that, start getting into the wetlands. Applicant’s interest appears to be for more
of a passive recreational area, rather than one with facilities or for
commercial use. It would be on the part
of the parcel in Galway that is not the landfill or within 100 ft. of the
landfill; that is why she would need a subdivision. It would create an irregular shaped parcel
with no road frontage in the town of Galway that would remain a part of the
parcel located in the town of Milton (road frontage/access would be in
Milton). While it would not create a
usable lot, there is not a usable lot now.
Would only be making it smaller.
Consensus was to bring it forward as a formal application for further
discussion.
OTHER BUSINESS
Chair –
Discussion re: Mark Concilla wanting to redo all of the forms (applications)
currently being used, making them very specific for the application. Concept is reasonable but should work with PB
clerk. Also discussion about having the
forms available on the town website.
Respectfully submitted,
Carol L. DeLorme, Clerk
2/04/07