MINUTES OF PLANNING BOARD MEETING                                                                                                         

Date of Meeting: October 23, 2007

Town Hall - 5910 Sacandaga Road

Galway, New York 12074

 

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, Margaret Phillips and Michelle Morgan

 

MEMBERS ABSENT:  None

 

ALSO PRESENT:  Carol DeLorme, Clerk, and approximately 7 people in the audience

 

REVIEW AND APPROVAL OF MINUTES

 

All members previously reviewed the minutes of the September 25, 2007 meeting.  Motion by Mary Lynn Kopper to approve the minutes as presented.  Seconded by Ruthann Daino.  No discussion.  Voice vote: All ayes.  Motion carried.  

 

CLERK’S REPORT

 

Memo received from SCPB announcing the Annual Planning/Zoning Conference to be held in Saratoga on Wednesday, January 30, 2008 (copies previously forwarded to PB members).   

 

CHAIR’S REPORT
 
Reminder - Attending the annual SCPB conference is a good way to satisfy annual training requirement 
SCPB will be holding a wetlands training seminar on 10/30 at 7:00 pm at the Cooperative Extension auditorium – Contact SCPB if you would like to attend.
Received correspondence via the town supervisor from the NYS ENCON relative to a detailed study on the flood pattern of the Glowegee Creek that has been ordered from Graves/Old Mill Road to and including Cummings Pond
Received a referral from the Town of Providence on a Priority Equities subdivision which includes some property in the Town of Galway – Will discuss under Other Business
 

PUBLIC HEARING

 

Application #06/029 - Application of Chas. H. Sells, Inc. o/b/o Frisbro Enterprises, Inc., for re-subdivision of property known as Beaver Lake Estates @ Cummings Pond located on Consaul/ West Galway Rds., Tax parcel #s 198.-1-37.11, 37.12, 37.13 and 37.14, as a 5-lot major subdivision, said property being located within the boundaries of Consolidated  Agricultural District #2.  Clerk read the legal notice as it appeared in the Daily Gazette on October 15, 2007. 

There were no comments/questions from the audience.  (Noted for the record:  One letter addressed to Michael and Christine Smith was returned as undeliverable.)

 

Motion by Margaret Phillips 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 #06/029 - Application of Chas. H. Sells, Inc. o/b/o Frisbro Enterprises … Tax parcel #s 198.-1-37.11, 37.12, 37.13 and 37.14 … a 5-lot major subdivision - Clerk read the legal notice as it appeared in the Daily Gazette on October 15, 2007. 

Mr. Michael Groff of Chas. Sells, Inc. was present representing Frisbro Enterprises, Inc.  This is a revision of a previously approved (April 2002) 4-lot minor subdivision, creating one additional lot, thus creating a 5-lot major subdivision.  Only minor issue pending is receipt of final approval from DEC of the storm water management plan.  Chair - Review of revised maps submitted earlier revealed adjustments/changes requested have been made (i.e., addition of Agricultural Disclosure statement, driveway note, and covenant/restriction note).  Reiterated that fire/EMS departments have requested that house identification numbers be located at both entrance at Consaul Road and at the individual driveways off the private road.  Mr. Groff indicated willingness/intent to comply.  Chair also asked Mr. Groff if applicant(s) would be agreeable to a stipulation of no further subdivision of this property (other board members indicated they felt it was a good idea).  Mr. Groff answered affirmatively stating he felt it was very reasonable.  Ruthann Daino – Also need the condition of approval of the storm water management plan by DEC (Chair agreed but did not see it as a reason to hold up approval).  No further comments/discussion.  Motion by Michelle Morgan to grant final approval to Application #06/029, Application of Chas. H. Sells, Inc. o/b/o Frisbro Enterprises, Inc., for re-subdivision of property known as Beaver Lake Estates @ Cummings Pond located on Consaul/ West Galway Rds., Tax parcel #s 198.-1-37.11, 37.12, 37.13 and 37.14, as a 5-lot major subdivision, as per amended plot plan submitted October 2007, and approve for filing, with the following conditions: 1) Individual house identification numbers will be located at both the Consaul Road entrance (visible from both sides) as well as at each individual driveway entrance along the private road, 2) there will be no further subdivision of this properties, and 3) upon receipt of approval of the storm water management plan by NYS DEC.  Seconded by Ruthann Daino.  No further discussion.  Roll call vote: Paul Lent, yes; Mary Lynn Kopper, yes; Ruthann Daino, yes; Michelle Morgan, yes; Margaret Phillips, yes.  Motion carried.  GRANTED FINAL APPROVAL FOR A FIVE (5) LOT MAJOR SUBDIVISION.  Additional subdivision fees due: $50 (for one additional lot created), Green space/recreation fee ($550 x 5 lots) of $2750, and engineering fees associated with town engineer review of $150, for a TOTAL DUE of $2950.  (Applicant informed he can bring check when he picks up signed maps.)                             .

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, Consolidated Agricultural District #2.   Mr. Dugan was present.  Applicant only recently received revised maps from his surveyor.  Board members reviewed them prior to the meeting.  Ruthann Daino – Asked questions about “wetlands” designation on map – asked if it was a DEC designated wetland area of just a wet area.  Mr. Dugan responded that he was not sure.  Chair - Could be problematic if it is a DEC designated wetland area, as a permit would be required for any construction/new driveway and it would also require a 100 buffer area be maintained.  Not saying it can’t be done, just that DEC would have to look at it, and driveway construction might require a permit.  Mr. Dugan needs to have his surveyor investigate it further and amend the map via a note that either: a) it is a DEC designated wetland area (include category and show 100’ buffer area); or, b) statement that there are no DEC designated wetlands on the property and eliminate the existing “wetlands” designation on the map.  Otherwise, things appear to be in order.  SEQRA was completed last month, as was classification.  Can schedule for public hearing next month (November 27th).  Applicant was advised that it is only necessary to submit two copies of the amended map.     

 

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

Mrs. Aufiero was present and explained her application.  Business consists of computerized engraving of trophies/plagues, building/selling trophies, awards, etc.  She currently lives in Ballston Spa, is building a home on North Road from which she would like to conduct business.  She currently operates her business from a location on Swaggertown Road (Scotia).  Typically, hours of operation are Monday through Friday, daytime.  Most orders are received by phone (has been conducting business for approximately 22 years, so many customers are repeat customers).  May involve an occasional UPS delivery.  All engraving would be done in the basement of her home.  Board members felt everything was pretty well explained in information submitted with application.  Consensus of Board that SEQRA review would not be required.  Motion by Mary Lynn Kopper to waive SEQRA review.  Seconded by Ruthann Daino.  Voice vote:  All ayes.  Motion carried.  SEQRA REVIEW WAIVED.  Application will be set for public hearing November 27, 2007.

 

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

Duane Rabideau of Gilbert Van Guilder Land Surveyors was present to explain the Quays application (authorization in file).  Proposal is to subdivide 3.36 acres of land off the easterly portion of the Quay parcel.  Access is going to be via an abandoned roadway (essentially an extension of Jockey Street) on the east side of the property.  Mr. Rabideau was encouraged to speak with SCDPW about this proposed driveway (due to the nearness to the corner and curve of Jockey Street).  Maps are in process but were not available at time of this meeting.  Board felt not enough information available to do a SEQRA review.  Because the board does not meet in December, public hearing will likely be in January.  Chair again urged Mr. Rabideau to solve any potential issues with SCDPW in the interim so application will not be further delayed.  Application fee ($50) is also due.  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 present.  Basically, this is a land swap between two neighbors, with the objective of creating two, more square lots from two narrow lots.  Amount of land being transferred between the two parties:  9,991 sq. ft. from Hewitt to Gochenour and 6,146 sq. ft. from Gochenour to Hewitt.  The Hewitts own an additional long, narrow lot next to Mr. Gochenour.  Their intent is to annex the land being conveyed by Mr. Gochenour in this transaction to that lot, resulting in a L-shaped, flag lot.  As the maps presented did not clearly show the full intent of this transaction, applicants were asked to resubmit them, showing the current lines as well as the resultant new boundary lines.  Also, map title box should also be amended to read “Lot Line Adjustment and Annexation of … “.    Consensus of Board that SEQRA review is not necessary.  Motion by Mary Lynn Kopper to waive SEQRA review for application #07/021.  Seconded by Margaret Phillips.  Voice vote:  All ayes.  Motion carried.  SEQRA REVIEW WAIVED.  Motion by Ruthann Daino to classify application #07/021 as a lot line adjustment/annexation.  Seconded by Mary Lynn Kopper.  Voice vote: All ayes. Motion carried.  CLASSIFIED A LOT LINE ADJUSTMENT/ANNEXATION.   Applicants will return in November.  Public hearing will likely be waived.  Application fee of $50 is due.  Applicants were advised to submit 8 copies of the revised map a minimum of 14 days prior to the November meeting. 

 

Application #07/022 – John Thomas Lanka and Lenore Lanka for a lot line adjustment between Tax parcel #s 185.18-1-25 and 185.18-1-18 located on Hart Road “B” in the Lake District

David Bogardus of Northeast Land Survey was present to represent the Lankas (authorization in file).  They own two parcels of land on Hart Road B, 9320 (tax parcel #185.18-1-25) and 9340 (tax parcel #185.18-1-18).  9320 is .94 acres and 9340 is a little over one acre.  The object is to make Lot #9320 1.0 acres to comply with zoning, should they wish to do something in the future.  The proposal is to move the lot line a very little bit (approx. 14’, amounting to 0.06 acres).  When completed, both lots will be one acre.  Consensus that SEQRA classification can be waived.  As this is a true lot line adjustment, word annexation in the title box does not appear warranted.  Motion by Mary Lynn Kopper to waive SEQRA for application #07/022.  Seconded by Ruthann Daino.  No further discussion.  Voice vote:  All ayes.  Motion carried.  SEQRA WAIVED.  Motion by Mary Lynn Kopper to classify application #07/022, application of John Thomas and Lenore Lanka, as a lot line adjustment between tax parcel #s 185.18-1-25 and 185.18-1-18.  Seconded by Margaret Phillips.  No further discussion.  Voice vote:  All ayes.  Motion carried.  CLASSIFIED A LOT LINE ADJUSTMENT.  Motion by Margaret Phillips to waive public hearing and grant final approval to application #07/022 as per plot plan submitted 10/15/07 and approve for filing.  Seconded by Ruthann Daino.  No further discussion.  Roll call vote:  Paul Lent, yes; Mary Lynn Kopper, yes; Ruthann Daino, yes; Michelle Morgan, yes; Margaret Phillips, yes.  Motion carried.  GRANTED FINAL APPROVAL AND APPROVED FOR FILING.  Mr. Bogardus was advised to submit one Mylar and two paper copies of the approved plat/map for signing/stamping by the Chair.  $50 application fee paid.  Once the maps have been signed, one Mylar and one paper copy must be filed with the Office of the Saratoga County Clerk within 62 days. 

 

Application #07/023 – Dennis M. Pokrzywka for subdivision of 4 lots from an approximate 141 acres located at 4693 Jersey Hill Road, Tax parcel #211.-1-21

As Mr. Pokrzywka was not present at this point of the meeting, Duane Rabideau of Gilbert Van Guilder Land Surveyors presented explanation of the application for him and reviewed the maps with board members.    Basically, what he is trying to do initially is to create Lots I, H and F (three smaller lots) and then possibly the others for future development.  The wetlands pretty much follow the edge of the fields and there is enough building area on all of these lots.  Consensus of Board that while it was helpful to see his entire proposal detail of maps presented was too confusing.  Board would prefer to see a less detailed map outlining his immediate intent.  Ruthann Daino – offered suggestion of consideration of some clustering of houses to help preserve the present open space.  Would prefer to not see it all “chopped up” into obvious lots.  Also concensus of Board that there is not enough information currently available to offer any suggestions/comments or to take formal action.  Note:  Applicant forwarded a check in the amount of $125 (incorrect amount due at this time).  It was decided that the check should be returned and request a new check be issued in the amount of $50 (application fee only). 

 

PRIVILEGE OF THE FLOOR

 

Doug DeRidder – Asked for and was provided with an clarification of what was finally approved regarding the Beaver Lakes project.

 

 

OTHER BUSINESS

 

Review of referral from T/o Providence PB (mentioned in Chair’s report) – Corner of Greens Corner Road and Southline.  3-lot subdivision – Most of the property is located in T/o Galway.  Existing house has road frontage in the T/o Providence.  One large lot being created will have a very long driveway.  Chair will contact Artie Thompson with the Board’s concerns/requests:  1) Not sure large lot (in T/o Galway) meets our criteria/description of a flag lot; 2) driveway (clearly in our town) is very long (proposed house appears to be at least 1000’ off the main road) and only 25’ in width (which does not meet our requirement of 40’).  Would like to see that driveway built to T/o Galway specifications.  3) No objection with T/o Providence taking lead role, as long as there is a joint and coordinated review. 

 

ADJOURNMENT - Motion for adjournment by Mary Lynn Kopper.  Seconded by Ruthann Daino.  Voice Vote:  All ayes.  Motion carried.  Meeting adjourned at 9:22 p.m.

 

 

Respectfully submitted,

Carol L. DeLorme

Carol L. DeLorme, Clerk

10/31/07