MINUTES OF PLANNING BOARD MEETING

Date of Meeting: July 24, 2007

Town Hall - 5910 Sacandaga Road

Galway, New York 12074

MEETING CALLED TO ORDER AT 7:32 PM by Chair, Paul Lent. Clerk then called the role

MEMBERS PRESENT: Paul Lent, Mary Lynn Kopper, Ruthann Daino, and Michelle Morgan

MEMBERS ABSENT: Margaret Phillips (excused – ill)

Chair explained to the applicants that with one member absent, a tie vote could occur (a tie vote being a “no” vote). Public hearings will be held as scheduled, but each applicant will be given the option of requesting an adjournment of the vote until a full board is present.

ALSO PRESENT: Carol DeLorme, Clerk; Mike Tillson, town board liaison; approximately 12 people in the audience

REVIEW AND APPROVAL OF MINUTES

All members previously reviewed the minutes of the June 26, 2007 meeting. Motion by Mary Lynn Kopper to approve the minutes as presented. Seconded by Michelle Morgan. Voice vote: All ayes. Motion carried.

CLERK’S REPORT

Transmittal received from SC Clerk’s Office – One map was filed during month of June 2007: Survey/subdivision of lands of Donald J. and Marcella O’Neil (filed 6/27/07).

Letter received from t/o Providence Planning Board reference proposed subdivision that lies within 500’ of border with t/o Galway. Can review later under ‘Other Business’.

CHAIR’S REPORT

 
Received several phone calls 
 
Some discussion on various projects with town engineer and planning board attorney. Will discuss when we get to each of those applications. 
 

PUBLIC HEARING opened - Chair explained policy/procedure of the Planning Board. Clerk read the legal notice as it appeared in the Daily Gazette on 7/16/07.

Application #07/006, Garry/Patricia Silk, request for a lot line adjustment/annexation of a 0.56-acre parcel (tax parcel #210.-1-14.12) to a 5.41-acre parcel (tax parcel #210.-1-14.2) and subsequent subdivision of a 3.01-acre lot from tax parcel #210.-1-14.2 located at 1083 Kania Road, Town of Galway (a 2-lot minor subdivision located within the boundaries of Consolidated Ag. District #2)

Mr. Silk was present. No questions or comments from board or audience. Motion by Ruthann Daino to close the public hearing on this application. Seconded by Mary Lynn Kopper. Roll call vote: All ayes. Motion carried. Public hearing closed.

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). Mr. McIntyre was present. Comments from Audience: Lisa Nargis (adjoining neighbor) – Reviewed map - Not in favor of proposal. Feels development is contrary to wishes of Rachael Scripter citing conversations she had with Ms. Scripter prior to her death where she reportedly voiced a desire to have her land remain undeveloped. Jeanine Flinton – Also reviewed map. Had questions regarding SEQRA review (Chair advised was completed last month) and septic systems in relation to wetlands. Generally in opposition. Patrick Flinton – Also opposed. Expressed concern that previously approved 10 lots are now being further subdivided. Chair – Pointed out a change that has occurred from the June review when a 16’ wide dressed driveway with 2’ shoulders on either side for ingress/egress of vehicles (user and emergency) was agreed to – Had concurrence from EMS Corp and Fire Dept – Following Mr. McIntyre’s review of town notes regarding driveways indicating a minimum of 12’ wide and 15’ height clearance, Mr. McIntyre is now proposing the driveway be 12’ dressed, rather than 16’. Chair feels this is a substantive change. Chair clarified that the standards put forward are minimums. At this Board’s discretion can increase those minimums as the Board sees appropriate. As there has not been time to gain input/concurrence from EMS or Fire Dept relative to this change, Chair asked board members if they wished to keep the public hearing open. All agreed public hearing should be carried over to next month. Motion by Mary Lynn Kopper to keep public hearing on this application open and carry forward to next month. Motion seconded by Ruthann Daino. No further discussion. Roll call vote: All ayes. Motion carried. Public hearing to continue in August.

Application #07/015, request of Jeremiah and Jacy Teeling for a site plan review/special use permit for an in-home day care operation from a house to be located on Graves Road (on land N/F of Joan Olsen, tax parcel #186.1-39.111) – Mr. and Mrs. Teeling were both present. Upon questioning from Jeanine Flinton, Chair explained that lot is currently vacant. A subdivision was recently completed and property is being transferred to the Teelings (new tax parcel # not assigned at time of notification). New home will be constructed on the new lot from which the day care will be operating. No other questions/comments. Motion by Ruthann Daino to close the public hearing. Seconded by Mary Lynn Kopper. No further discussion. Roll call vote: All ayes. Motion carried. Public hearing closed.

PUBLIC MEETING Opened

Application #07/006 – Garry/Patricia Silk – Tax parcel #210.-1-14.12 & #210.-1-14.2

Mr. Silk stated a desire to continue forward for a vote. Board members felt application was pretty straight forward. Has received area variance approval from ZBA. Motion by Mary Lynn Kopper to grant final approval to application #07/006 (Garry and Patricia Silk) for a lot line adjustment/annexation of a 0.56-acre parcel (tax parcel #210.-1-14.12) to a 5.41-acre parcel (tax parcel #210.-1-14.2), and subsequent subdivision of a 3.01-acre lot from tax parcel #210.-1-14.2 located at 1083 Kania Road, Town of Galway (a 2-lot minor subdivision), as per plot plan survey/subdivision map submitted 07/24/07, and approve for filing. Seconded by Michelle Morgan. Roll call vote: All ayes. Motion carried. Applicant was instructed to submit two paper and one Mylar of the survey/subdivision map for signing by Chair. He will then have 62 days in which to file the Mylar and one paper copy with the Office of the Saratoga County Clerk. Additional $25 subdivision fee paid.

Application #07/008 – Winfield McIntyre – Tax parcel #186.-1-92

Mr. McIntyre responded to questions/concerns raised earlier by neighbors, as well as Board’s comments regarding change in the width of the private drive. Feels 12’ with 2’ on either side is more than adequate [width] to accommodate emergency vehicles. Also stated he will speak directly with Mike Jazwinski (EMS) and Doug DeRidder (Fire Dept). No formal action taken this evening, as public hearing will be continued next month.

Application #07/015 - Jeremiah and Jacy Teeling … Site plan review/Special Use Permit … Tax parcel #186.1-39.111

Applicants indicated a desire to continue on toward a vote. Clerk noted number of letters of notification returned as undeliverable (in file). Chair noted - With regard to areas of concern discussed at last month’s meeting (i.e., vehicular traffic, parking for employees), site plan has provided for that. Ruthann Daino – Asked questions regarding NYS requirements for space for napping, etc. – Teelings responded it is regulated/checked on by NYS. Chair asked if the board would like to offer up any special conditions/restrictions. Hours of operation (7 a.m. to 6 p.m.) would not appear to be an area of concern. However, feels special use permit should be concurrent with licensing from the NYS Office of Child and Family Services, so if for whatever reason, the license expired or was revoked/cancelled, the special use permit would become void at that point. The Teelings indicated they would not have an issue with that. Also agreed to submit a copy of their license (now and each time it is renewed). Board members agreed. Motion by Ruthann Daino to approve the site plan of Jeremiah and Jacy Teeling submitted 06/05/07 relative to application #07/015 for a special use permit for operation of an in-home day care operation from their home to be located on Graves Road (subdivided from tax parcel #186.-1-39.111), thereby authorizing the Zoning Administrator/Code Enforcement Official to issue a special use permit, in accordance with Chapter 115, Zoning Regulations of the Town of Galway, Article IX, Section 115-66, with the following stipulations: 1) the applicants will regularly submit a copy of their NYS license to the code enforcement officer as proof of continued licensing; and 2) the special use permit will run concurrently with and expire upon cancellation or revocation of said NYS license. Seconded by Mary Lynn Kopper. Roll call vote: All ayes. Motion carried. SITE PLAN APPROVED. Applicant were instructed to contact Mark Concilla relative to the issuance of the special use permit. $100 application fee paid.

Application #07/016 – Singh and Eletto, Inc. and Cynthia A. Rabuck - Request for a lot line adjustment/annexation (40’ from tax parcel #185.-10-1-59 to #185.-10-1-60) 1272 Hermance Road, Lake District. Mr. Eletto was present, as was Cynthia Rabuck. Previously approved in April 2006 but never filed with County Clerk. Therefore, needed to reapply. Proposal is identical to previous request; same parties involved. Motion by Ruthann Daino to waive additional subdivision fees and regulations, including SEQRA review and public hearing for application #07/016. Seconded y Mary Lynn Kopper. No further discussion. Voice vote: All ayes. Motion carried. Motion by Michelle Morgan to grant final approval to application #07/016, application of Singh and Eletto, Inc. and Cynthia Rabuck for lot line adjustment/annexation of a 40’ parcel from tax parcel #185.10-1-59 to lands of Rabuck, tax parcel #185.10-1-60, and approve for filing. Seconded by Ruthann Daino. Roll call vote: All ayes. Motion carried. GRANTED FINAL APPROVAL TO LOT LINE ADJUSTMENT/ANNEXATION. Applicant was instructed to submit one Mylar and two paper copies of the survey/subdivision map for signing by the Chair. Applicant must then file the Mylar and one paper copy with the Office of the County Clerk within 62 days.

Application #07/014 – Betty A. Keller - Subdivision of 10+ acres - 1435 Perth Road … Tax parcel #198.-1-84 – (Mrs. Keller was not present when discussion first began.) Ruthann Daino reported on the background research she completed at the request of the Chair. Mrs. Keller entered the meeting at this time and presented revised maps for review by Board members. She has increased access to rear of Lot #2 to 40’ as requested. Lot #3 still only has frontage on May Road (which is a private Road. It was again explained that Zoning Regulations state a building permit cannot be issued to any lot that does not have frontage on a public road (other than in the Lake District). Therefore Board cannot approve Lot #3 as proposed. Brief exchange between Mrs. Keller and Board, with Mrs. Keller stating that it should be allowed, as she “owns” May Road (pays taxes on it). Chair further explained that, regardless of ownership of the road, it cannot approve a lot that only has frontage on a private road, as it would be termed “unbuildable” because a building permit cannot be issued. This property is just outside the Lake District. Further, minimum frontage for a “keyhole” lot (as set forth in Regulations) is 40’ – proposed access (May Road) is 31’. Chair raised the question of whether it could be referred to the ZBA for a road frontage variance (from 40’ to 31’). Not sure if it would change the fact that it is a private road, however. Mrs. Keller asked if she could combine Lots #2 and 3 (making one, 6- acre lot). Chair responded that that would be an option – up to her. Brief debate transpired between Mr. and Mrs. Keller and the Board, resulting in Mr. Keller asking that the PB amend the [Zoning Regulation] as he feels it is “arbitrary and capricious”. Chair explained PB does not have the ability to amend the Regulations – only the Town Board can do that. Suggested the applicants attend a Town Board meeting to express their opinion. Chair explained Mrs. Keller’s options: 1) Allow PB to adjourn application to next month to afford Board members time to review further and consult again with Board attorney; 2) Amend application to a 2-lot subdivision in order to move forward; 3) Proceed as is and see what the resulting vote would be (although no decision can be reached tonight as application would still require a public hearing; or, 4) could rebuild that section of May Road (for access to Lot #3) to town specifications and request the town take it over as a town road. Would be very costly and would have to be built prior to asking the town to take it over and no guarantee that the town would agree to it. The Keller’s requested some time to consider their options. Upon return, Mrs. Keller stated she would like to continue with the present application (for a 3-lot subdivision). If it is denied, they will go from there. Chair reiterated that formal action (approval or denial) cannot be taken tonight, as application still requires SEQRA review, classification and public hearing (action is taken at the conclusion of public hearing). Chair also counseled applicants to consider a reconfiguration of the lots that may result in two flag lots, each having frontage on Perth Road. No formal action taken. Applicants were reminded that any new materials (i.e., maps) must be submitted (8 copies) a minimum of 14 days prior to the next meeting they wish to attend.

Application #06/019 – Q. Squared (Jordan May) - Site plan review/special use permit –

1608 NYS Route 29 (C-1 Commercial Zone)

Jordan was in attendance. Jordan appeared before the ZBA earlier this month and was granted an area variance to operate his commercial businesses from a lot of slightly less than the 2-acre minimum (1.52 acres). Councilwoman, Sue Sutch, expressed her opinion that Jordan’s proposed businesses more closely fall under the category of “light industrial”. While that is allowed in the C-1 Commercial Zone, it also requires a minimum of 5 acres; therefore feels the variance should have been from a 5-acre requirement. Chair then began a review of the contingencies set by ZBA. More discussion between Jordan and the Board regarding the nature of his businesses. Chair – One of the things PB will need to determine is what is an allowable and permissible amount of work that can be done on the lot, both safely and aesthetically. Re: Limiting the growth of the business – Consensus of Board is we would have to use the perimeters of the site, as opposed to limiting progress. Question from Chair – How many employees are anticipated? Jordan – Two (plus himself). Reiterated, more likely employees would be parking their vehicles and taking his [excavation] trucks to other sites, rather than actually working there. However, if someone were needed to be there (i.e., to service vehicles) then there would be people working there. Discussion took place regarding hours of business. Next, brief discussion regarding sanitary facilities (bathroom and/or washroom) in the building (currently there is none as there is no septic system). Chair explained to Jordan that State health codes require there be sanitary facilities and he would need to comply. When a special use permit is issued, it is implied that all health rules and regulations are followed. Chair encouraged Jordan to resolve that issue as soon as possible (could be a problem – up to code enforcement officer to review and enforce, however). Reference working with neighbors regarding green space/buffer area – Applicant has been putting trees in along the boundary, but neighbor (Don Malinowski) doesn’t seem satisfied as yet. More discussion, with Chair again offering suggestions for buffer material. Jordan expressed concern that he has been putting a lot of money into buffering when he doesn’t even know if the project is going to be approved. Asked how much more money he is expected to spend. Chair responded that buffering could be made a stipulation of approval; then it would be enforceable by the code enforcement officer. Board then conducted a SEQRA review. Potential areas of adverse impact (i.e., questions C1 and C2) can be mitigated. Consensus – Did not identify one or more significantly adverse affects that may occur (key being “potentially large”); therefore, no need to pursue full EAF. Motion by Ruthann Daino that proposed action will not result in any significant adverse environmental impacts. Seconded by Mary Lynn Kopper. Roll call vote: All ayes. Motion carried. SATISFACTORY SEQRA REVIEW. Application will be set for public hearing on August 28, 2007.

PRIVILEGE OF THE FLOOR

Gerry McKenna – Kevin Gilligan property (NYS Rte. 147) – Submitted new preliminary sketches with wetland delineations for review/comment. Proposal is currently 14 sites (down from 16). Reported he spoke with Dave Costanzo. Dave still does not like cul-de-sac idea. Gerry is now proposing a “hammer head” driveway, with Dave reportedly stating he would prefer that. Has to work out details regarding size. Will have two shared driveways plus the road onto Rte. 147. Gerry was provided with a copy of the shared driveway covenant wording as well as new driveway/road specifications. Next step for Gerry is to find out (from DEC) what he can do in the wetland buffer areas and also get information from Dave [Costanzo] regarding size of hammerhead. Gerry was advised to submit 8 copies of maps, etc., a minimum of 14 days prior to next month’s meeting if he wishes to return in August (28^th).

OTHER BUSINESS

Review of application for subdivision from T/o Providence. Involves only a very small triangle of property in T/o Galway. Chair will forward a letter to Providence PB Chair -- No concerns.

ADJOURNMENT - Motion for adjournment by Mary Lynn Kopper. Seconded by Ruthann Daino. Voice Vote: All ayes. Motion carried. Meeting adjourned at 10:26 p.m.

Respectfully submitted,

Carol L. DeLorme, Clerk

08/06/07