MINUTES OF PLANNING BOARD MEETING

Date of Meeting: March 27, 2007

Town Hall - 5910 Sacandaga Road

Galway, New York 12074

 

MEETING CALLED TO ORDER AT 7:32 PM by Paul Lent.  Chair explained policy/procedure of the planning board.  Clerk then called the role: 

 

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

 

MEMBERS ABSENT:  None

 

ALSO PRESENT:  Carol DeLorme, Clerk; Mike Tillson, town board liaison; and approximately 10 people in the audience.

 

REVIEW AND APPROVAL OF MINUTES

 

All members previously reviewed the minutes of the February 27, 2007 meeting.  Motion by Mary Lynn Kopper to approve the minutes as presented.  2nd - Michelle Morgan.  Voice vote: All ayes.  Motion carried.  Accepted as presented. 

 

CLERK’S REPORT

 

Correspondence received from Saratoga County Planning Board forwarding informational pamphlet that addresses minimum training requirements for PB and ZBA members.   

 

Correspondence received from SCPB regarding their review of the following applications:  Bruce/Vivian Sleight, Beaver Lakes Estates, James/Karen Dotterweich, Alex Milton, Donald/Marcella O’Neil, and Jane H. Brooker (Richardson Estate).

 

Received a telephone call from Fire Chief, Doug DeRidder.  He indicated he will try to attend tonight’s meeting to offer input regarding the Beaver Lakes Estates application.  (Chair reported he also had a conversation with Doug.  Fire Dept. has a vote going on tonight so may be arriving late.) 

 

CHAIR’S REPORT
 
Looked into the policy of collecting two mylar copies of approved subdivisions (one mylar copy currently retained by the town).  Spoke with Anna Thompson at Real Property Tax to determine if there is any negative impact to [the town] requiring one less mylar (keeping only a paper copy here, in the file), knowing there is a mylar on file with the county.  Anna did not feel it would be a problem – a board decision.  Does not appear to be a reason for the town to retain a mylar; do not have a blue print machine for reproduction purposes.  Chair will follow through to make a formal recommendation to discontinue the policy and see what needs to be done (i.e., concurrence of town board to change the policy of this board, etc.)  
 
Received correspondence from Supervisor Hargrave establishing the town board as the lead agency relating to amendments to the town zoning ordinance.  
 
During past month, have had several discussions with town engineer and county planning staff regarding various pending projects.  Will probably discuss most of these as we move forward tonight.  
 

 

 

 

PUBLIC HEARING  - Opened at 7:38 pm. Clerk read the legal notice as it appeared in the Daily Gazette on 3/19/07.

 

Application #07/005 – Karen & James Dotterweich – Site plan review/special use permit for sales/service of tractors and power equipment and 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 both present. 

Comments received from the public:  Dave Fontanella (next door to car wash on Route 29) – Spoke favorably of the project.  All changes made to the property by the Dotterweichs have been good ones.  Proposed services will be an asset to the community -- in support.  Chris Brown (NYS Route 29) – Echoed Mr. Fontanella’s comments.  Also in favor of project and in full support of it.  No other comments/questions. 

 

Motion by Mary Lynn Kopper to close public hearing.  Seconded by Michelle Morgan.  Voice vote:  All ayes.  Motion carried.  Public hearing closed @ 7:42 PM.

 

PUBLIC MEETING OPENED

 

Application #07/005 – Karen & James Dotterweich … Tax parcel #172.-1-57

Clerk read the comments received from the Saratoga County Planning Board.  Chair referred to potential conditions of special use permit as discussed last month.  Regarding number of trucks on premises – board considered a maximum of 5.  Applicants agreed it was a reasonable number.  Ruthann Daino (absent last month) asked questions and was brought up-to-date regarding:  access point onto Route 29 (only one – existing), as well as two on Fish House Rd (also existing), existing sign (will be brought into conformance with current sign ordinance), and truck turn around area (also existing but not currently used for that purpose by Mr. Dotterweich).  Mrs. Dotterweich added that they will have a new, wooden sign custom made once the plan is approved by the code enforcement officer.  Regarding waste oil as a result of the mechanic work (as brought up by Michelle Morgan last month), Mr. Dotterweich confirmed that it does not become increased under this new venture.  Regarding SCPB recommendations concerning the driveway cuts, Mr. Dotterweich responded it sounds like SCPB thinks a new driveway is being proposed, rather than an existing one.  He did agree, however, to contact SCDPW to confirm that what he has is okay, or if they want modifications made. 

Motion by Mary Lynn Kopper to approve the site plan presented 2/06/07 by James and Karen Dotterweich in regard to their application (#07/005) for a special use permit for sales/service of tractors and power equipment and rental of U-Haul equipment from property located at 6049 Fish House Road in the town of Galway, tax parcel #172.-1-57 (in the C-1 Commercial Zone), and authorize the zoning administrator/code enforcement officer to issue a special use permit, with the following conditions:  maximum number of rental vehicles on the property at any one time shall be five (5); any sign erected for the purposes of the special use permit will be in compliance with current town sign ordinance and be reviewed/approved by the code enforcement officer, and that the applicant will confer with SCDPW pursuant to SCPB recommendation regarding access/egress onto Fish House Road.  2nd by Ruthann Daino.  Roll call vote:  All ayes.  Motion carried.  SITE PLAN APPROVED.  REFERRED TO CODE ENFORCEMENT OFFICER FOR ISSUANCE OF SPECIAL USE PERMIT. 

 

(Chair asked if application #06/029 (Beaver Lakes Estates) could be moved down to later in the meeting, pending arrival of Fire Chief DeRidder.  Applicant agreed.)

 

Application #06/032 – Donald & Marcella O’Neil - 3-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 (Renee Roth-O’Neil) were again present.  Board members reviewed revised map submitted 3/13/07.  More detailed delineation of wetlands has been provided.  Mr. Marcella confirmed that there will be 3 lots total (creating two new lots south side of Kania) plus the parent parcel (north side of Kania).  While there are no immediate plans to construct a house, a proposed location has been noted on Lot #2.  Additional amendments to map:  Lot #3 (parent parcel) needs to be delineated as Lot #1 (not 3); property on south side is over 1000’ feet deep; therefore map needs to contain note regarding driveways in excess of 500’ in length (applicant provided with preferred wording); Lot #2 should have the acreage noted.  Also, total acreage of all three lots does not seem correct.  Must equal stated 96 + (or whatever the correct total acreage is) -- needs to be researched by surveyor and accurately noted on map.  Board then reviewed the SEQRA form.  Motion by Ruthann Daino to grant application #06/032, application of Donald and Marcella O’Neil, a negative SEQRA declaration.  2nd by Michelle Morgan.  Voice vote:  All ayes.  Motion carried.  GRANTED A NEGATIVE SEQRA DECLARATION.  Motion by Ruthann Daino to classify application #06/032 as a 3-lot minor subdivision.  2nd by Mary Lynn Kopper.  Roll call vote:  All ayes.  Motion carried.  CLASSIFIED AS A 3-LOT MINOR SUBDIVISION.  Application will be scheduled for public hearing 4/24/07.  As only minor changes need to be made to the map, applicants were instructed that only 2 or 3 paper copies need to be submitted and can be brought to the 4/24 meeting (not the 10 copies, 14 days prior as normally requested).  Chair advised waiting to have the mylars printed, however. 

 

Application #06-029 – Chas. H. Sells, 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) – Chief DeRidder had still not arrived, but discussion began.  Michael Groff was present, as was Mr. Ron Raganella, one of the owners of the property.  Mr. Groff presented revised maps showing various changes requested by the PB last month, as well as copies of their submission to the NYS Department of Health (reported DOH has not reviewed it as yet).  Has contacted NYS DEC regarding their review of septic systems – DEC basically does commercial septic review, so deferred to health department -- will do any revisions they require to get approval.  Also noted that during construction, numerous inspections will take place (for the roads, house, and septic systems); therefore, a lot of safe guards to ensure that they will be constructed as proposed.  Re: Long Form – Has reviewed most of information (all done by one of the senior engineers, a PE).  Most information is based on professional expertise.  Mr. Groff believes it to be correct.  Addressed concerns from Fire Dept regarding radius of turn-arounds and distance of furthest house from the [main] road.  Chair reported on his conversation earlier this evening with Doug DeRidder (Fire Dept).  Concerns are: 1) Driveway note we are using is somewhat dated based on new fire fighting equipment Galway possesses (e.g., largest truck, fully equipped with water, is around 55,000#; widest truck, mirror-to-mirror, is over 8’ wide).  Sometimes have to pull equipment passed equipment; therefore, may need to increase weight and width requirement.  2) Road should be maintained to the end during winter, even if some homes are seasonal use only.  3) Currently longest truck fire dept. has is 35’.  Therefore, radius of turns needs to be adjusted.  (Current vertical clearance appears adequate.)  Mr. Groff indicated willingness to redesign to accommodate these issues.  Chair will confer with Jim Mitchell regarding recommended changes.  Mr. Mitchell has indicated he will also speak directly to Chief DeRidder to learn his concerns.  Concerns regarding [private] dam addressed:  Jim Mitchell recommends a written understanding as to maintenance responsibility exempting the town of any responsibility.  Mr. Groff believes all owners [of Cummings Pond properties] will share in expenses associated with maintenance of the dam.  First application contained several covenants that are to run with the land (each deed) that address maintenance of the road, and he believes, the dam (does not have copies of them, however).  If not, that language can be written up.  (Clerk to research and get copies to Mr. Groff and Chair, if available.)  Chair reported that Jim Mitchell will make a final review once reply received from DOH.  Chair suggested road maintenance agreement could be changed to include snow removal per fire dept. recommendations, if not already addressed in previous covenants.  Brief discussion regarding design of proposed road -- Board consensus that ‘straight-in’ road design is probably preferable.  Next steps:  Review any existing covenants (or changes that need to be done).  Provide Mr. Groff guidance on increasing the road for emergency vehicle ingress/egress.  Long form SEQRA has been submitted, but Chair does not feel ready to address it yet.  (Chair will forward a copy to Jim Mitchell for review.)  Regarding perk tests, Chair reported understanding Jim Mitchell to be okay with previous perk test results.  Given density change, still okay – no need to be redone.  No further discussion at this time. 

 

Application #07/007 – Melodye Smith-Eldeen … tax parcel #172.-1-28 – Nothing new received, and no one in attendance regarding this application. 

 

Application #07/008 – Winfield McIntyre … tax parcel #186.-1-92 – Clerk reported that Mr. Mc Intyre called last week stating he was not prepared to return this evening.   

 

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.  Members previously reviewed revised, more detailed map, received 3/13/07.  Maps appear to be in order.  (Note post meeting:  Property is located within the boundaries of Consolidated Ag District #2.  Therefore, agricultural disclosure statement needs to be included on map.  Mr. Kolakowski will be advised so that revisions can be made to the map prior to next month’s meeting  Only necessary to submit two copies of revised map and can be brought to the April meeting, rather than 14 days prior.)  Board reviewed the SEQRA form.  Motion by Mary Lynn Kopper to grant application #07/010, application of Curt Kolakowski, a negative SEQRA declaration.  2nd by Margaret Phillips.  Roll call vote:  All ayes.  Motion carried.  GRANTED A NEGATIVE SEQRA DECLARATION.  Motion by Ruthann Daino to classify application #07/010 as a 2 lot minor subdivision.  2nd by Mary Lynn Kopper.  Roll call vote:  All ayes.  Motion carried.  CLASSIFIED AS A 2-LOT MINOR SUBDIVISION.   Application to be scheduled for public hearing on 4/24/07.

 

PRIVILEGE OF THE FLOOR

 

Donna Hollenbeck and Gary Townsend – Stated they submitted an application for a home occ. and were advised by the code enforcement officer to attend tonight’s meeting.  Both clerk and chair advised Ms. Hollenbeck and Mr. Townsend that regretfully, they did not receive the application.  Matter will be further investigated.  Clerk made a copy of Ms. Hollenbeck’s application.  Chair apologized but explained application could not be reviewed tonight, as members of the board had not had an opportunity to review it.  Further explained that request would require a public hearing anyway; therefore, final decision would not have been reached tonight.  Board briefly discussed the scope of the business and provided guidance to help expedite the review process.  Initial review will be scheduled for next month. 

 

OTHER BUSINESS

 

Fire Chief, Doug DeRidder present and addressed the board regarding review of Beaver Lakes project.  Chair advised Chief DeRidder that he believed he had adequately relayed the concerns of the fire department to the applicant regarding size/weight requirements, turn-around needs, maintenance of the private road for the entire length, even in winter, etc.  Chair also relayed that applicant did not seem averse to exceeding the minimums.  Doug further stated/explained the department concerns.  Very opposed to shared driveway concepts, citing problems arising over maintenance responsibility.  Discussion regarding covenants for maintenance of road (especially during winter months).  Chief also mentioned/discussed vertical clearance requirements – appears adequate but need to assure that it is maintained as well.  Fire Dept would also like to see 9-1-1 numbers clearly posted.  Asked how Beaver Lakes project will address this; will numbers be out on the main road and then prominently posted at each house (preferred), as well?  An additional concern expressed by Chief DeRidder is that town is growing and these issues need to be addressed on all projects, not just this particular one.  Mandates currently set were made years ago; perhaps need to be looked at and appropriate changes made. 

 

Clerk will begin routinely sending a copy of the PB agenda and minutes to fire department so Chief will be advised of what is pending before the board and attend the meetings if he wishes/is able to. 

 

Regarding map statement relative to long driveways, Chair will forward it to Jim Mitchell for discussion as to how/if it should be adjusted.  Will also research if the PB has the authority to amend the requirements or if it requires action by the town board. 

 

 

ADJOURNMENT - Motion to adjourn by Ruthann Daino.  Seconded by Mary Lynn Kopper.  Voice Vote:  All ayes.  Motion carried.  Meeting adjourned at 9:30 p.m.

 

 

Respectfully submitted,

 

 

Carol L. DeLorme, Clerk

04/03/07