MINUTES OF PLANNING BOARD MEETING

Date of Meeting: June 26, 2007

Town Hall - 5910 Sacandaga Road

Galway, New York 12074

MEETING CALLED TO ORDER AT 7:33 PM by Chair, Paul Lent. 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 6 people in the audience

REVIEW AND APPROVAL OF MINUTES

All members previously reviewed the minutes of the May 22, 2007 meeting. Motion by Mary Lynn Kopper to approve the minutes as presented. Seconded by Ruthann Daino. Voice vote: All ayes. Motion carried.

CLERK’S REPORT

Transmittal received from SC Clerk’s Office – Two maps filed during month of May 2007: Survey/subdivision of lands of Betty A. Keller & portion of Lands of Leonard Weiss (filed 5/10/07); and, Survey/subdivision of Lands of PDH Properties, LLC (Curt Kolakowski) (filed 5/15/07).

Flyer received from Assoc. of Towns/NY Planning Federation outlining Planning and Zoning Summer Schools for 2007. Anyone interested can obtain a copy upon request.

CHAIR’S REPORT

 
Received several phone calls from prospective applicants - handled those questions
 
Conducted an informal project scope meeting – Very informal gathering with a prospective applicant (2 PB members, as well as the code enforcement officer in attendance) – Potential project on Big Murray Road – Will wait to see if the project comes to fruition
 
Several conversations/discussions with PB attorney, as well as town engineer regarding various items we have in the works and some procedural issues. 
 

PUBLIC HEARING opened - Chair explained policy/procedure of the Planning Board. Clerk read the legal notice as it appeared in the Daily Gazette on 6/17/07.

Application #07/007 – Melodye Smith-Eldeen – subdivision of a 7+ acre lot from a 60+ acre parcel located at 6051 Greens Corner Road - tax parcel #172.-1-28 - Mrs. Eldeen was present. No comments/questions from audience.

Chair declared public hearing closed at 7:38 p.m.

PUBLIC MEETING Opened

Application #07/007 … Melodye Smith-Eldeen … Tax parcel #172.-1-28

Chair recapped request is to subdivide a 7.74-acre lot from an approximate 60-acre parcel. Will be Lot #3, as a previous subdivision of a 4-acre lot from Lot #1 was approved in 6/2004. All procedural steps have been completed. A review of the map submitted 5/09/07 revealed that it lacks the note regarding driveways in excess of 500’ in length. Will need to be amended to include that note. No other comments from board members. Motion by Mary Lynn Kopper to grant final approval to application #07/007, the application of Melodye Smith-Eldeen, for subdivision of a 7.74-acre lot from an approximate 60-acre parcel located at 6051 Green Corner Road, town of Galway, tax parcel #172.-1-28, as per survey/subdivision map submitted 5/09/07, and approve for filing, with the contingency that the survey/subdivision map be revised to include a note regarding specifications for driveways in excess of 500’ in length. Seconded by Ruthann Daino. No further discussion. Roll call vote: Paul Lent, yes; Ruthann Daino, yes; Mary Lynn Kopper, yes; Michelle Morgan, yes; Margaret Phillips, yes. Motion carried. APPROVED AS A 2-LOT MINOR SUBDIVISION. Additional subdivision fee of $25 (one new lot created) is due. One Mylar and two paper copies of the map (revised as indicated above) to be submitted for signing/stamping by Chair. Applicant will then have 62 days in which to file one copy of each with the Office of the Saratoga County Clerk.

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 - 1083 Kania Road (a 2-lot minor subdivision)

Mr. Silk returned this date. Had a hearing before the Zoning Board of Appeals on 6/13/07. Requested and was granted an area variance to create a lot of slightly less than 3 acres (2.93 acres) as a result of subdividing 3.01acres from their total acreage of 5.97 acres (combined size of both parcels owned by the Silks). Clerk reported on the ZBA proceedings. Mr. Silk confirmed that he does wish to annex the 0.56-acre parcel (#210.-1-14.12) to the 5.41-acre parcel (#210.-1-14.2) and then subdivide out the 3.01 acre lot. Review of map revealed only change needed is renumbering of the lots to conform with request of tax assessor (Parent parcel with existing house should be labeled as Lot #1, and new lot numbered as Lot #2). Title Box should also be amended to read “Annexation and Subdivision of Lands of …”. SEQRA review was then conducted. Motion by Ruthann Daino to grant application #07/006, application of Garry and Patricia Silk, a negative SEQR declaration. Seconded by Margaret Phillips. Roll call vote: All ayes. Motion carried. GRANTED A NEGATIVE SEQRA DECLARATION. Motion by Ruthann Daino to classify application #07/006 as an annexation of tax parcel #210.-1-14.12 to tax parcel #210.-1-14.2, and a subsequent 2-lot minor subdivision. Seconded by Margaret Phillips. No further discussion. Roll call vote: All ayes. Motion carried. CLASSIFIED AN ANNEXATION AND 2-LOT MINOR SUBDIVISION. Application will be scheduled for public hearing on 7/24/07. (Note: Only two paper copies of the revised map need to be submitted and can be brought in on the night of the public hearing.)

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. Chair reviewed that one of the main points of discussion on this application is the applicant’s request to use a single driveway to service two lots. A concern, as a board, is to make sure that emergency service people are aware of it and to offer input relative to the delivery of emergency services. Also, map and material submitted thus far have been reviewed by the town engineer [Jim Mitchell], who offered comments. Fire Chief, Doug DeRidder, and Captain of Emergency Corps, Mike Jazwinski, were both in attendance. Mr. McIntyre reported on actions/changes he has made to the plan based on issues of concern raised by the board at last month’s meeting (plot plan/driveway plan submitted 6/15/07 – copy in file). Mike Jazwinski – Major concern is to have each house numbered at the point that the driveway splits -- not on the house -- and at the main road (Alexander Rd.), as well. Also discussed location of numbers and types/sizes of numbers that are preferred by emergency service providers. Mr. McIntyre indicated willingness to abide by requests. Chief DeRidder offered input relative to the proposed garage location (Lot 6B). Would prefer to see garage located on same side of drive as the house. Proposed location viewed as having the potential of interfering with emergency vehicle access. Regarding sample of written easement/maintenance agreement for shared driveway prepared by applicant, Chair forwarded it to PB attorney, Peter Reilly, and Jim Mitchell for review/comment. Both came back with a preferred document. Mr. McIntyre was provided with a copy. Agreement would become attached to and become a part of the deed (recorded at the County Clerk’s office). Board then agreed that enough information has been submitted to consider the application complete and move forward with SEQRA review. Board members acknowledged that they all previously reviewed the answers provided by the applicant (Part 1). Only comment was a reminder the Chair brought from SCPB and from PB attorney that this property is in the Consolidated Ag District #2. Therefore, there will be some questions in Part 2 that will need to be discussed on impact and density. (Those issues were addressed during subsequent SEQRA review.) Board then conducted a Full Environmental Assessment review. Consensus of Board that project would have a small to moderate impact. Motion by Mary Lynn Kopper to grant application #07/008, application of Winfield McIntyre for a 2-lot subdivision of 17+ acres located on Alexander Road, a negative SEQRA declaration. Seconded by Margaret Phillips. Roll call vote: All ayes. Motion carried. GRANTED A NEGATIVE SEQRA DECLARATION. Motion by Mary Lynn Kopper to classify Application #07/008 as a 2-lot major subdivision subject to all requirements of a major subdivision. Seconded by Margaret Phillips. Roll call vote: All ayes. Motion carried. CLASSIFIED A 2-LOT MAJOR SUBDIVISION. Public hearing will be scheduled for July 24, 2007. Ten (10) copies of the formal survey/subdivision map should be submitted a minimum of 14 days prior to the July 24^th meeting.

Doug DeRidder briefly discussed possible damage to driveways by fire trucks/emergency vehicles (due to use of down riggers, etc). Wondered if a waiver to hold the town harmless in the event of damage could be instituted. Paul Lent suggested Doug refer this to the Town Board: not really an issue for the Planning Board.

Application #06/019 – Q. Squared (Jordan May) - Site plan review/special use permit for operation of an auto, truck and equipment repair service and resale of related products and bulk products (sand, stone, mulch, etc.) from property located at 1608 NYS Route 29, Town of Galway in the C-1 Commercial Zone

Jordan was again in attendance. Chair recapped that board is in the process of conducting a site plan review for a special use permit for this project. In discussing this application with the PB attorney, Mr. Reilly advised that board needs to determine, based on information submitted by Jordan to date regarding what he intends to do versus the prior operation of this site by Mr. Quick as an auto service center and gas station, if it constitutes a change in use (over what existed before). Need to make a formal board resolution. Reason for that is that the site is only 1.52 acres in size. Referring to the Zoning Regs [Appendix VI-4], minimum acreage required in the C-1 Commercial Zone is 2 acres. If board feels it has enough information to conclude that it is, in fact, a change in use, PB would need to stop its review of the project and refer it to the ZBA for an area variance (size of the lot). If approved, Jordan could then return to the PB for continuation of site plan review. Jordan – raised question of why it didn’t fall into the category of a pre-existing lot (i.e., “grandfathered”). Chair explained that if he continued George Quick’s business (automobile repair only), he would have been grandfathered. However, repair of large trucks and equipment and sale of bulk products goes beyond the original use of the site, and, therefore, loses the grandfathering clause. Motion by Mary Lynn Kopper that it is the consensus of the Planning Board that application #06/019, application of Q Squared LLC (Jordan May) constitutes a change of use of the property, thereby mandating a referral to the Zoning Board of Appeals for consideration of an area variance due to the substandard size of the lot. Seconded by Ruthann Daino. No further discussion. Roll call vote: All ayes. Motion carried. APPLICATION WILL BE REFERRED TO ZBA FOR REVIEW/CONSIDERATION OF AN AREA VARIANCE.

Application #07/014 – Betty A. Keller for subdivision of 10+ acres located at 1435 Perth Road, town of Galway, tax parcel #198.-1-84

Mrs. Keller was present to explain her application. Her intent is to create three lots from an approximate 10-acre parcel. The existing house, restaurant and banquet facility will be on Lot #1 (3.9 acres). Lot #2 (3.6 acres) will have approximately 200’ of road frontage on Perth Road, and Lot #3 (3 acres) will have road frontage on May Road, which is a private road (that section of May Road is owned by Mrs. Keller.) Ruthann Daino recalled previous owner, Dave Stokna, applying for a subdivision a few years ago. Mrs. Keller stated that at the time she purchased the property, she was under the impression that there was an approved subdivision. However, her surveyor could not find a record of it; hence, her application. Ruthann Daino (who was not on the board at the time) stated she believed the application was denied based on a provision in the [zoning regulations] that a building permit cannot be issued for erection of any building on a private road, except in the Lake District. This property is just out of the Lake District. Mrs. Keller challenged that, stating she knows of several houses that have been built in this area (specifically named Holly Mahoney). She admittedly, did not know if they were in or out of the Lake District boundaries, however. Mrs. Keller stated her immediate plans are to sell the restaurant and maintain the other two lots for her own private use. Applicant denies creating any landlocked parcels with this proposal. Discussion took place regarding the rather peculiar shape of Lot #2. While it is a total of 3 acres, it has frontage on both a private road (May Road) and on Perth Road, with a very narrow passageway from the Perth Road section to the May Road section. (Question of whether or not it is the minimum 50’ in width). Mrs. Keller then stated she was informed by Mark Concilla that she could build on either section. Reportedly, Mark told her she could build on 1 acre of land (of a 3-acre parcel), as long as she keeps the remainder of the land “forever wild”. Board members questioned that. Consensus of Board that they would like the applicant to look at an alternative configuration for Lot #2 (perhaps taking some property away from Lot #1) to affect a wider access from the front to the back of Lot #2. Also, several issues that need more clarification. At request of Chair, Ruthann Daino will do some background research relative to this lot and other questions regarding district lines, building in the Lake District, building on private roads, etc Other board members were encouraged to visit the site, as well. No formal action taken at this time. Applicant to return next month.

Application #07/013 – Carol Hooper/Joan Olsen – Request for lot line adjustment/annexation - Graves Road

Mrs. Hooper returned this date. Survey/plot plan was submitted 6/14/07 and previously reviewed by board members. The lot line adjustment/annexation will add 7.82 acres to the Hooper property (tax parcel #186.-1-85). Motion by Mary Lynn Kopper to waive SEQRA review/classification for Application #07/013. Seconded by Margaret Phillips. Roll call vote: All ayes. Motion carried. SEQRA REVIEW WAIVED. Motion by Ruthann Daino to classify application #07/013 as a lot line adjustment/annexation of 7.82 acres from lands of Joan Olsen (tax parcel #186.-1-39.111) to the lands of Carol Hooper (tax parcel #186.-1-85), to waive all further subdivision fees and regulations, including public hearing, and to grant final approval and approve for filing. Seconded by Margaret Phillips. Roll call vote: All ayes. Motion carried. FINAL APPROVAL GRANTED. Applicant was advised to submit one Mylar and two paper copies of the final survey/subdivision map for stamping/signing by the Chair. She will then need to file one of each with the Saratoga County Clerk’s Office within 62 days of signing. ($50 application fee paid – All other fees waived.)

Application #07/015 – Jeremiah & Jacy Teeling for a site plan review/special use permit for a home occupation consisting of a day care center – Graves Road

Mr. and Mrs. Teeling were both in attendance. (This property was recently subdivided from the lands of Joan Olsen. Still vacant at this point in time.) Mr. Teeling reported that this is an established business in the Town of Milton. They plan to move to this property on Graves Road and wish to continue their day care business at this site. It is a State-licensed group family day care, rather than a day care center, which consists of no more than 14 children at any time, before and after school care, with the number going up and down based on ages. Driveway will provide ample space for cars (mostly in and out, dropping/picking up children). Anticipated hours of operation: 7:00 a.m. – 6:00 p.m., with peak traffic flow between 7 – 9:00 a.m. and 3 – 6:00 p.m. Number of employees: Potentially 2 part-time, one full time (however, ratio varies, depending on ages of children in their care – state regulated.) Review of Zoning Regulations (Appendices) indicates childcare facilities are allowed in the Ag/Residential District under the issuance of a special use permit. Consensus of board – does not qualify as a home occupation (applicant admittedly will employ other than family). It is, however, a permitted use with the issuance of a special use permit. Board then conducted SEQRA review. Motion by Margaret Phillips to grant application #07/015, application of Jeremiah and Jacy Teeling, a negative SEQRA declaration. Seconded by Mary Lynn Kopper. Roll call vote: All ayes. Motion carried. GRANTED A NEGATIVE SEQRA DECLARATION. Motion by Mary Lynn Kopper that, upon review of the Planning Board, this application be classified as being a permitted use, subject to site plan review/special use permit. Seconded by Michelle Morgan. Voice Vote: All ayes. Motion carried. Application will be scheduled for public hearing on July 24, 2007.

PRIVILEGE OF THE FLOOR

Thomas Eletto – Application for lot line adjustment/annexation was approved in April 2006. He did not file the map with the County Clerk, however. Was advised that, unfortunately, policy dictates that he will need to refile and start over. Plan is to return in July.

OTHER BUSINESS

Review of plat note regarding driveways of 500’ in length. Will be amended to reference H-20 DOT standards (recommended by Jim Mitchell) and will also state that all designs must be reviewed and approved by the town [of Galway] engineer.

ADJOURNMENT - Motion for adjournment by Mary Lynn Kopper. Seconded by Ruthann Daino. Voice Vote: All ayes. Motion carried. Meeting adjourned at 10:05 p.m.

Respectfully submitted,

Carol L. DeLorme, Clerk

07/10/07