MINUTES OF PLANNING BOARD MEETING

Date of Meeting: November 27, 2007

MEETING CALLED TO ORDER AT 7:30 PM by Chair, Paul Lent. Clerk called the role

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

MEMBERS ABSENT: Michelle Morgan (excused)

ALSO PRESENT: Carol DeLorme, Clerk, and approximately 8 people in the audience

REVIEW AND APPROVAL OF MINUTES

All members previously reviewed the minutes of the October 23, 2007 meeting. Motion by Ruthann Daino to approve the minutes as presented. Seconded by Mary Lynn Kopper. No discussion. Voice vote: All ayes. Motion carried.

CLERK’S REPORT

Communication received from Saratoga County Real Property Tax Services regarding subdivision maps

Memo received from SCPD relative to January 30^th Annual Planning & Zoning Conference (registration form included) – Copies distributed to members of PB

CHAIR’S REPORT

Also reminded members of upcoming Annual Planning/Zoning Conference – Anyone wishing to attend should complete the registration form and Chair will forward to appropriate people at town hall

Communication from SCRPTS (Anna Stanko, Sr. Map Technician) pertains mostly to DOH subdivisions as it relates to requiring numbers on lots for 911 and postal service purposes – Mostly affects DOH subdivisions, which town of Galway doesn’t have a lot of

PUBLIC HEARING

Clerk read the public notice as it appeared in the Daily Gazette on November 19, 2007.

Chair explained to applicants that, since PB is a 5-member board, one member absent could result in a tie vote, which is considered a denial. Therefore, anyone wishing to postpone the vote on his or her application may do so. No one opted to postpone.

Application #07/017 – Application of Thomas and Susan Dugan for subdivision of an approximate 7-acre lot from a + 11-acre parcel located at 2512 Hermance Rd., Tax parcel #187.-1-2.32, a two-lot minor subdivision in Consolidated Agricultural District #2 – Mr. Dugan was present. There were no comments/questions from the audience.

Application #07/019 – Candace Aufiero for a Home Occupation (computerized engraving, building/selling trophies, awards, etc) from 2597 North Road, Tax parcel #161.-1-3.2 – Mrs. Aufiero was present. There were no comments/questions from the audience. Clerk noted letters of notification that were returned as undeliverable – Addressed to: Donald Nikolski; Sandra J. Wormuth; Gerald T. Fitzpatrick; and, David Wolfe.

Motion by Mary Lynn Kopper to close the public hearing. Seconded by Ruthann Daino. No discussion. Voice Vote: All ayes. Motion carried. Public hearing closed at 7:38 p.m.

PUBLIC MEETING

Application #07/017 … Thomas and Susan Dugan … Tax parcel #187.-1-2.32 … Consolidated Agricultural District #2

Mr. Dugan submitted a revised survey/subdivision map containing changes requested by the board at last month’s meeting. Chair reported speaking with Mr. Dugan’s surveyor regarding “wetland” shown on map. They are DEC designated wetlands. They have been categorized and 100’ buffer zone has been noted on revised map. Buffer does encompass most of the road frontage for the new lot. It is foreseen that any buyer would use the existing “abandoned road” for access to the property. No further comments/questions from the board members.

Motion by Mary Lynn Kopper to grant final approval to Application #07/017, the application of Thomas and Susan Dugan for subdivision of a 7-acre lot from a + 11-acre parcel located at 2512 Hermance Rd., Tax parcel #187.-1-2.32, a two-lot minor subdivision, said property being located in Consolidated Agricultural District #2, as per revised survey/subdivision map submitted 11/27/07, and approve for filing. Seconded by Ruthann Daino. No further discussion. Roll call vote: Paul Lent, yes; Mary Lynn Kopper, yes; Ruthann Daino, yes; Margaret Phillips, yes. Motion carried. GRANTED FINAL APPROVAL FOR A TWO (2) LOT MINOR SUBDIVISION. Additional subdivision fee of $25 (for one new lot created) due. (Noted: Fee paid this date.) Applicant was instructed to submit one Mylar and two paper copies of the subdivision map for stamping/signing by the Chair. Applicant has 62 days from date of signing to file the Mylar and one paper copy with the Office of the Saratoga County Clerk.

Application #07/019 – Candace Aufiero for a Home Occupation from 2597 North Road, Tax parcel #161.-1-3.2

Brief discussion among board members regarding hours of operation, number of clients, fact that home occupation limits employees to applicant and immediate family members only, any significant growth resulting in a need to expand the business beyond the confines of the house would require additional application/review (as would constitute an expansion of the special use permit). Mrs. Aufiero indicated her understanding of the conditions/limitations of a home occupation. Therefore, board members did not see a need to specify any stipulations/conditions as part of final approval. No further questions/comments. Motion by Ruthann Daino to grant final approval to Application #07/019, application of Candace Aufiero, for a permit for a home occupation comprised of computerized engraving, building and selling of trophies, ribbons, awards, etc. from a residence located at 2597 North Road, Tax parcel #161.-1-3.2, thereby authorizing the Zoning Administrator/Code Enforcement Official to issue a home occupation permit in accordance with Chapter 115, Zoning Regulations of the Town of Galway, Article IX, Section 115-66.

Seconded by Mary Lynn Kopper. Roll call vote: All ayes. Motion carried. GRANTED FINAL APPROVAL FOR ISSUANCE OF A HOME OCCUPATION PERMIT. Mrs. Aufiero was advised to contact the Zoning/Code Enforcement officer for issuance of the actual permit once letter of approval from PB has been received.

Application #07/020 – Thaddeus Quay for subdivision of 3-acre lot from approximately 34 acres located on Hermance Rd., Town of Galway, Tax parcel #174.-1-93.1

Gilbert Van Guilder, Land Surveyor, was present representing the Quays – further explained the proposal. Mr. Van Guilder is under contract to purchase this lot. Board members previously reviewed survey/subdivision map submitted 11/1/07. Only road frontage (on Hermance Road) available for this lot is 196.60 feet. As minimum road frontage is 200 feet, proposal will require granting of an area variance by the Zoning Board of Appeals. Chair advised Mr. Van Guilder that no formal action can be taken until this issue has been resolved. He was advised to complete and forward an application to ZBA (via code enforcement officer). PB Chair will forward a letter of explanation to ZBA Chair, as well. Mr. Van Guilder advised the board that they are actively exploring the possible purchase of an additional 5’ (possibly from abandoned roadway that is being used as the driveway – currently 24’ of that road goes with this parcel) so as to meet the 200’ frontage requirement. He will, however, make application to the ZBA for variance in case he is not successful in this pursuit. No formal action taken.

Application #07/021 – Charles Gochenour (Tax parcel #185.15-2-23) and JR Hewitt (Tax parcel #185.15-2-24) for a lot line adjustment between properties located on Lake Road in the Lake District

Mr. and Mrs. Hewitt were again in attendance. Presented new maps that more clearly show the intent of this lot line adjustment/annexation. Revised map also contains other revisions requested at last month’s meeting. Waived SEQRA last month and classified the application. Consensus of Board that public hearing is not necessary for this application. Motion by Margaret Phillips to waive public hearing requirement for application #07/021. Seconded by Ruthann Daino. Voice vote: All ayes. Motion carried. PUBLIC HEARING WAIVED. Motion by Mary Lynn Kopper to grant final approval to application #07/021 for a lot line adjustment/annexation between tax parcel #185.15-2-23, lands of Charles Gochenour, and tax parcel #185.15-2-24, lands of JR Hewitt, as per survey/subdivision map revised 11/12/07, and approve for filing. Seconded by Margaret Phillips. Roll call vote: All ayes. Motion carried. GRANTED FINAL APPROVAL FOR A LOT LINE ADJUSTMENT/ANNEXATION. Applicants were advised to submit one Mylar and two paper copies of the approved survey/subdivision map for signing. They will then have 62 days in which to file the Mylar and one paper copy with the Office of the Saratoga County Clerk. Note: All applicable fees have been paid.

Chair relayed reminder from Real Property Tax Services to submit deed descriptions along with the maps when filing.

Application #07/024 – Sandra A. Leahy (Sanders) – Subdivision of a 6.9-acre parcel from a 128+ parcel located at 4613 Sacandaga Road (Consolidated Agricultural District #2)

Attorney Dennis Tarantino was present representing Ms. Leahy. This is a resubmission of an application (originally submitted February 2006) that was never completed. Mr. Tarantino related that they hoped to have resolution by the end of the year. Chair advised him this is not possible, as matter will require public hearing and PB does not meet in December. Review of survey/subdivision map submitted 11/1/07 revealed the following: 1) No Site/Location Map (currently no way of determining where this property lies in relation to remainder of the [Sanders] property and also where it is on Rt 147); 2) Driveway note wording has been amended since last submission. Map note needs to be revised to reflect new language (Mr. Tarantino provided with a copy); 3) Agricultural Disclosure Statement language is incorrect - needs to be revised (again, copy provided). Application was referred to SCPB (response read) and Town of Charlton (response also read) at time of initial submission. Determined not necessary to repeat referrals as proposal is unchanged. Board then conducted SEQRA review. Motion by Margaret Phillips to grant application #07/024, application of Sandra Leahy / Fred Sanders, 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 #07/024 as a two-lot minor subdivision. Seconded by MaryLynn Kopper. Roll call vote: All ayes. Motion carried. CLASSIFIED A 2-LOT MINOR SUBDIVISION. Public hearing will be scheduled for January 2008. Mr. Tarantino was advised to submit eight (8) copies of revised map a minimum of 14 days prior to the January meeting.

PRIVILEGE OF THE FLOOR

Karl Knapik (Alexander Road) – Had questions regarding proposed changes to the Zoning Regulations. Deferred to Mike Tillson for answers.

OTHER BUSINESS

Motion by Margaret Phillips to cancel the December 2007 meeting in keeping with past practices and due to meeting night falling on Christmas Day. Seconded by Ruthann Daino. Roll call vote: All ayes. Motion carried. NO MEETING IN DECEMBER 2007.

ADJOURNMENT - Motion for adjournment by Margaret Phillips. Seconded by Ruthann Daino. Voice Vote: All ayes. Motion carried. Meeting adjourned at 8:30 p.m.

Respectfully submitted,

Carol L. DeLorme

Carol L. DeLorme, Clerk