Town Hall -
MEETING CALLED TO ORDER AT 7:30 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
ALSO PRESENT: Carol
DeLorme, Clerk; Mike Tillson, town board liaison; and
approximately 9 people in the audience.
REVIEW AND APPROVAL OF MINUTES
All members previously reviewed
the minutes of the April 24, 2007 meeting.
Motion by Ruthann Daino to
approve the minutes as presented. Seconded by Mary Lynn Kopper. Voice
vote: All ayes. Motion carried.
Transmittal from SCPB regarding
their review of the PDH Properties (Kolakowski) application on
Received several phone calls from prospective applicants – Mostly inquiring about project submission procedures and general questions about the planning board. Lengthy discussion with Jim Mitchell (town engineer) regarding revising wording on map note regarding driveways over 500’ in length. Jim researched it and, based on his research, is recommending that we adjust the wording to read that the “road would be designed to H-20 NYS DOT standards”. That standard references the amount of weight per axel per vehicle, as opposed to a single poundage (i.e., 50,000 lbs.), thereby adjusts as weight of trucks increases. Jim also advised that the proper procedure would be to advise the applicant to have their engineer prepare a design for a road they believe meets H-20 standards and submit it to Jim for his review and reaction (as opposed to giving them design specifications – let them do the designing). Further stated that most engineers would understand H-20 standards and would know what the design should be. Left it that we would jointly work up some verbiage that we could put into a small note that doesn’t get too [extensive]. Still have issues regarding width and height that need to be worked on. Hopefully will have it ready for next month’s meeting. PUBLIC HEARING - Opened at 7:42 pm. Chair
explained policy/procedure of the planning board. Clerk
read the legal notice as it appeared in the Daily Gazette on 5/12/07.
Application #07/012 – Application of Donna Hollenbeck and
Gary Townsend for approval of a site plan and subsequent issuance of a special
use permit for a home occupation consisting of the design of fresh and silk
flowers for all occasions and house plant care from a residence located at 1363
Hermance Road in the Lake District, Tax parcel #185.10-1-21.20. Ms. Hollenbeck
and Mr. Townsend were both present. No
questions/comments from the audience.
Noted: Three letters of notification of public hearing returned as
undeliverable. Addressed to: Wm. Desiena
& Marguerite Doepel, Antoinette Orapello, and Kurt G. & Patricia A.
Ladu.
Motion by Mary Lynn Kopper to close
public hearing. Seconded by Ruthann Daino. Voice vote: All ayes.
Motion carried. Public
hearing closed.
PUBLIC MEETING Opened
Application #07/012 … Donna Hollenbeck and Gary Townsend … Tax parcel
#185.10-1-21.20.
Chair recapped/confirmed – Request
is to run an occupation comprised of designing fresh flowers and silk flowers –
Don’t anticipate more than one or two customers at a time – No other employees
other than themselves or immediate family member – Deliveries expected to be on
typical work days, UPS-type deliveries (although mostly will be picking up
fresh flowers) – Not planning on any sign at this time but realize it would
require a permit and would have to adhere to town standards. Regarding hours of operation, Ms. Hollenbeck
stated she anticipates three days per week (possibly more later), 9 a.m. – 5
p.m.
Motion by Mary Lynn Kopper to grant
final approval to the site plan submitted by Donna Hollenbeck and Gary Townsend
(Application #07/012) on 4/04/07 relative to a request for a permit for a home
occupation consisting of the design of fresh and silk flowers for all occasions
and house plant care from their residence located at 1363 Hermance Road in the
Lake District of the town of Galway (tax parcel #185.10-1-21.20), thereby
authorizing the zoning administrator/code enforcement officer to issue a home
occupation permit, with the following stipulations: 1) no employees other than
the applicants or a maximum of four (4) immediate family members; 2) maximum
number of customer vehicles visiting the property at any one time will not
exceed two or three; 3) expected hours of operation – five days per week, 9
a.m. to 5 p.m.; 4) any deliveries restricted to UPS-type delivery trucks. Seconded by Ruthann Daino. No further discussion. Roll call vote: Paul Lent, yes; Ruthann Daino, yes; Mary Lynn
Kopper, yes; Michelle Morgan, yes. Motion
carried. SITE PLAN APPROVED – PERMIT
FOR HOME OCCUPATION AUTHORIZED.
Applicants were advised to contact the code enforcement officer for all
necessary permits.
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)
No one present. Noted:
Notice of incomplete design received from DOH. Assuming more work needs to be done prior to
meeting with the board again. Chair
reported that town engineer (Jim Mitchell) has not received any correspondence
nor has he had a conversation with this applicant; assuming they are still in
the design phase.
Application #07/007 – Melodye Smith-Eldeen – subdivision of
7+ acre lot from a 60+ acre parcel located at 6051 Greens Corner Road - tax
parcel #172.-1-28 – Dan Eldeen was again present. Board members reviewed revised maps submitted
05/09/07. Brief discussion regarding
wetlands. Noted map still lacks the
applicable driveway note (potential for driveway in excess of 500’ in length).
Board then completed the SEQRA review. Motion by
Ruthann Daino to grant application #07/007,
application of Melody Smith-Eldeen, 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 to classify application #07/007 as a
2-lot minor subdivision. Seconded
by Ruthann Daino.
Roll call vote: All ayes. Motion carried. CLASSIFIED AS A 2-LOT MINOR SUBDIVISION. Application to be scheduled for public
hearing on June 19, 2006. Applicant
advised to submit two copies of the modified map (containing driveway note) for
next month’s meeting (can be brought to the meeting).
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. Board members previously
reviewed survey/subdivision maps submitted 05/09/07. Mr. McIntyre briefly explained various
aspects of the maps. Noted – driveway
note is absent. Also reported on his meeting with Chief DeRidder (FD). Reportedly, chief’s biggest concerns: 1) width of the driveway (recommended 16 –
20’ wide). Load-bearing does not seem to
be an issue – if can sustain cement trucks, should be adequate for fire
trucks. 2) Chief also discussed issues
of identification. Wants to see a very
distinct marking of the private lane (including name) posted on Alexander
Rd. Also would like to see clearly
identifiable house numbers at point where private lane splits. Mr. McIntyre indicated this is something he
was intending to do anyway -- not a problem.
Chair referred applicant to community EMS services (Mike Jazwinski) for
comment also – probably will cite some of the same concerns as fire dept., but
recommended Mr. McIntyre gain their input as well. Also noted to applicant – map should denote
turnaround area for emergency (and other large) vehicles. Reference shared driveway covenant, Mr.
Winfield presented a sample of a maintenance, repair and usage agreement (copy
in file). Chair will forward a copy on
the board attorney, as well as Jim Mitchell, for their review/comment. Also noted – absorption field is pretty close
to the [wetlands] buffer. Again
regarding driveway – Chair strongly urged a driveway adequately designed to
accommodate multiple cars (so as to not block driveway in case of
emergency). Currently, map depicts
water line running under the driveway – applicant may want to take a closer
look at that (i.e., spacing vs. wetland buffer, septic field, etc.)
Summary:
-
Applicant referred to community
EMS (Mike Jazwinski, captain) for comments
-
Turn-around areas need to be noted
-
H-20 standards for access road
should be followed (advised to have his engineer call town engineer (Jim
Mitchell [or Travis] @ 371-7621) for guidance prior to denoting specifications
-
Draft shared driveway agreement
will be forwarded to board attorney and town engineer for comment
-
More detail needed around the
house layout areas
Application
#07/013 – Carol Hooper/Joan Olsen – Request for lot line adjustment – Graves
Road
Mrs. Hooper and Mrs. Olsen were
present. Plan is to “square off” Hooper
property (tax parcel #186.-1-85) by adding a portion of a parcel owned by Mrs.
Olsen (tax parcel #186.-1-39.22) to the Hooper property via a lot line
adjustment. Chair explained that
applicants will need to submit a formal survey map before any formal action can
be taken. Public hearing can probably be
waived if it is found to meet the criteria for classification as a lot line
adjustment. Maps (8 copies) should be
submitted a minimum of 14 days prior to the next meeting they wish to
attend. Title box should read “Lot Line
Adjustment and Annexation …”
Application #06/027 – William Wielt/Susan
Bornt – Lot line adjustment – Consideration of final approval of application
begun August 2006 – Tax parcel #s 198.-1-99 & 198.-1-98, respectively
John Sutton was present
representing both parties. Application
dates back to August of 2006. Adjustment
is needed to satisfy the original agreement of sale between the two parties. One acre (+) will be added to the
northwest side of the Bornt property from the Wielt property (making the Bornt
property approximately 5 acres and leaving the Wielt property at approximately
40.5 acres). Board members previously
reviewed formal survey/subdivision map submitted 5/09/07. Only modification that needs to be made is
that title box should read “Lot Line Adjustment/Annexation of …” Motion by
Mary Lynn Kopper to waive SEQRA review and classify application #06/027 as
a lot line adjustment/annexation of 1.079 acres from the lands of William Wielt
(tax parcel #198.-1-99) to the lands of Susan Bornt (tax parcel
#198.-1-98). Seconded by Ruthann
Daino. Roll call vote: All ayes.
Motion carried. SEQRA
REVIEW WAIVED. CLASSIFIED A LOT LINE
ADJUSTMENT/ANNEXATION. Motion by Ruthann Daino to waive all further
subdivision regulations including public hearing, and grant final
approval to application #06/027 as depicted on survey/subdivision map submitted
05/09/07, contingent upon the above-stated amendment to the title box, and
approve for filing. Seconded by
Michele Morgan. Roll call vote: All ayes.
Motion carried. GRANTED
FINAL APPROVAL. Mr. Sutton was directed
to submit one Mylar and two paper copies of the amended
survey/subdivision map for signing by the Chair. One copy of each must be filed with the
Saratoga County Clerk’s Office within 62 days of signing. All appropriate fees have been paid.
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, etc.), from property located at 1608 NYS Route 29, Town
of Galway, C-1 Commercial Zone
Jordan was again present. Board members previously reviewed
narrative submitted by Jordan on 5/10/07.
Applicant reported that he recently planted 12, 6 – 8 ft. tall Norway
spruce trees along the border with neighbor, Don Malinowski (in lieu of fencing
as he got the impression Mr. Malinowski was not keen on the idea of fencing,
although idea of fencing has not been totally eliminated). Now has a one-way entrance and some
blacktop/crushed stone have been added [to the drive/parking area]. Pointed out that new site plan shows parking
spaces, dimensions, sizes, property dimensions, dimensions of the [bulk] boxes,
dimensions of the curbing, radiuses, as requested. Existing trailer will remain on the property
for an undetermined amount of time (term of sale is lifetime usage). Some hydro seeding has been scheduled. Board comments - If trees are going to
replace fencing, suggested planting additional, low-growing, bushy shrubs along
with the spruce, as Norway spruce tend to loose their bottom branches as they
mature. Board then began a review of
Jordan’s narrative. Chair – Who is Earth
Development LLC? Jordan – “Me.” (that is
his excavation business). Relationship
between it and Q Squared? -- They are
both owned by Jordan. Special Use Permit
is being asked for by Q Squared to house Earth Development. Earth Development
does excavation; Q Squared does repairs and retail [sale of bulk items]. Earth Development is just parking trucks and
equipment on the site. That’s why Q
Squared is applying for the permit for an excavation company -- to house Earth
Development. Chair – [Board] notes Q
Squared as an applicant that has asked for the ability to sell material. Board has contended that that type of use
constitutes a change of use from an auto repair facility. Adding Earth Development as another business
entity that uses the facility as its home base is also another special use
permit, different from what has already been noted. Chair – Will consult with PB attorney if,
from a legal standpoint, there are any procedural things the board needs to do
since there may be two different types of businesses being operated as two
different companies (noting he is the owner of both). They are both LLC’s, not subsidiaries. Just wants to make sure board is proceeding
correctly. Ruthann Daino – What are the
6 – 8 employees for (referring to 6 – 8 employee parking spots shown on site
plan)? Jordan – They would be employees
of Q Squared – Earth Development. They
are allocated for day-to-day use by employees.
Ruthann – Will they be working on site or parking, taking equipment and
leaving? Jordan – Most likely parking and leaving; maybe one or two
staying. Ruthann – Questioned the number
of vehicles on site and length of stay.
Jordan clarified narrative should read “ … maximum of 5 unregistered
vehicles … ”. Mary Lynn Kopper asked
why unlicensed vehicles would be on the property. Jordan responded, awaiting repair. Applicant contends he has had conversations
with Mark [Concilla] regarding this. Has
been told that it is currently under his jurisdiction. However, upon site plan approval, number
allowed would become whatever the PB approves.
Mary Lynn continued to voice concern over the number currently on the
property. Jordan offered further
explanation for vehicles presently on the property. Chair – Will most likely be limitations
imposed on a) number of vehicles; and, b) number of unlicensed/unregistered
vehicles (inclusive of trailers). Jordan
– He has offered maximum number on his site plan; not necessarily number
that will actually be there. Regarding
alterations to the building: Would
consist of enlarging the garage bays/doors to accommodate ingress/egress of
large trucks/equipment. Would be no
change in the footprint of the building.
Presently building height is 14 ft.+; would like to add 2 ft. Also confirmed that he would detach a trailer
from a tractor to fit it in the building lengthwise, at its present
length. He now has the potential to
fit a tractor-trailer in. Right now,
anticipates he would work only on his own equipment. However, would like to
have the potential to work on other people’s equipment without having to seek
another special use permit. Again
reiterated that Q Squared does the repair work and retail. Chair also expressed concerns over why he
would have unlicensed vehicles on the property. Jordan offered a scenario as
explanation. Ruthann – Expressed
concerns over material leaking from trucks being worked on. Applicant contends he only does “minor
repairs” outside (classified “minor’ as tire changes, repairs to truck beds,
etc.) Chair noted Jordan has pointed out
ways he plans to mitigate that – will have spill control tools available to him
on site. His narrative also contains
positive statement that … “should the spill be of significant volume, the
proper authorities will be contacted”.
Regarding hours of operation – Will there be seasonal differences in the
hours of operation (i.e., different in winter than summer, etc.) - Would he do plowing, for example, in
winter? Jordan – Doesn’t anticipate that
that would be a routine occurrence.
Chair commended Jordan’s effort to make the site more appealing
aesthetically; however, still concerned with impact on character of the
neighborhood (limited operation that George had vs. much more extensive
operation he is proposing). Chair’s
opinion: still not at a point where
could conduct a public hearing -- believes need to get an opinion from board
attorney relative to the mixed use of the property – how to proceed or if we
are proceeding correctly. PB does not
want to do anything wrong; otherwise, could have to restart the whole process. Applicant was encouraged to not abandon the
idea of fencing. Was asked to take an
objective look at how the property currently looks and come up with ideas and
examples of fencing he would consider and present them to the board next month
for their reaction (keeping in mind “fencing does not necessarily mean
fence”). Also instructed to amend site
plan to show location of burm that currently exists on the property.
Side note: Regarding quarterly inspections on restaurant
wells – Chair will contact NYS DOH to ascertain just what the test is comprised
of – what they are tested for and how often.
PRIVILEGE OF THE FLOOR - None requested
OTHER BUSINESS
Board
reviewed new application forms chair and clerk have worked on for Lot Line
Adjustment, Home Occupation, and Site Plan Review/Special Use Permit. Minor changes were offered. Consensus – Changes are good; new forms
contain needed information current forms lack.
Forms will be amended and duplicated for use beginning as soon as
possible.
Respectfully submitted,
Carol L. DeLorme, Clerk
06/07/07