MINUTES OF PLANNING BOARD MEETING                                                                                                         

Date of Meeting: September 25, 2007

Town Hall - 5910 Sacandaga Road

Galway, New York 12074

 

MEETING CALLED TO ORDER AT 7:32 PM by Chair, Paul Lent.  Chair provided an overview of the policy/procedure of Planning Board and public hearing being held this evening.  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 9 people in the audience

 

REVIEW AND APPROVAL OF MINUTES

 

All members previously reviewed the minutes of the August 28, 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 – Four (4) maps were filed during month of August  2007: Survey/lot line adjustment – Singh & Eletto, Inc.; Lot line adjustment/annexation between lands of Bornt and Weilt; Subdivision/Annexation of lands of Garry and Patricia Silk; Subdivision of lands of Melodye Smith-Eldeen. 

 

CHAIR’S REPORT
 
Several telephone conversations with prospective applicants regarding project ideas/subdivision process 
Had a conversation with SCPB with regard to clarification of their letter received last month regarding the Q Squared special use permit
Spoke with the PB attorney on three occasions with regard to some projects going and also with regard to the Q Squared special use permit
SCPB has advised me that they will be holding their annual PB training session/workshop in January – An excellent way to meet training requirements
 

PUBLIC HEARING  - None Scheduled

 

 

PUBLIC MEETING

 

Application #06/019 – Application of Jordan May for Site Plan Review/Special Use Permit to operate an auto, large truck and equipment repair service (under business name Q Squared, LLC), and sale of bulk products (sand, stone, mulch, etc. - under business name Earth Development, LLC) from property located at 1608 NYS Route 29, Town of Galway, in the C-1 Commercial Zone (Tax parcel #185.-2-4) – Continuation of discussion; final disposition

Chair entertained questions/comments from Board members.  Mary Lynn Kopper and Ruthann Daino posed questions/engaged in conversation with Jordan regarding amount of fill that has been brought onto the site (rear) resulting in increased elevation of the rear of the site.  Chair outlined and discussed with Jordan, possible conditions that it may impose in an effort to mitigate some of the concerns raised by area residents during previous meetings (i.e., hours of operation (suggesting “quiet hours” rather than specifying hours of operation), limiting the number of vehicles on the property awaiting service, limitations on idling of diesel engines, number of businesses being conducted on the site, possibility of vehicles being left in various degrees of disrepair over a prolonged length of time.  Chair offered up restricting Jordan to a SUP for Earth Development activity only; not allowing SUP for the business of vehicle repair beyond his own.  Jordan responded that that would not be acceptable – as a compromise he suggested restricting him to the number of vehicles allowed– by limiting number of vehicles [PB] is limiting the amount of activity.  Chair – concern is about the total amount of possible activity going on in a relatively small area.  Jordan reiterated that granting a SUP solely for operating Earth Development from the site and not Q Squared, would not be acceptable.  It would be more acceptable on his part to operate only Q Squared from the property.  Chair – Other concerns expressed by area residents: 1) number of trailers [on the premises].  Discussion took place regarding number of and use of trailers.  2) Limiting the number of parking spaces.  Discussion took place regarding number of spaces as outlined on site plan, limiting the number of spaces, and suggested setbacks.  PB suggested a 40’ setback from property lines (especially rear) and placing fencing at same elevation as parking area to provide more effective screening from back neighbors.  Also suggested additional plantings to fill in “gaps” in existing screening and letting area between property line and fencing “grow wild” again, and putting sedimentation controls in place to prevent runoff into adjoining properties.  Jordan expressed concern that fencing near the parking spaces would not allow room for snow removal in winter.  PB suggested keeping parking spaces closer to diner side of the property (away from fencing) – this would allow room between fencing and parking spaces for snow removal.  Chair - Another concern of PB and residents is number of unlicensed vehicles kept on premise.  Town has a law about this.  PB concern is that there probably should not be unlicensed vehicles kept there [for an extended period of time].  (This is a general concern throughout the town – not his property exclusively).  Chair stated his personal concern is that the site is too small (1.5 acres) for operation of two businesses of this size/activity level – not prepared to vote positively for a special use permit being issued for operation of both businesses from the site.  His personal feeling is that only one business should be allowed.  (Additional discussion took place regarding nature of both businesses.)  Discussion took place regarding repair service being limited to personal autos at this time – no commercial repairs -- until building has been renovated to accommodate large trucks/equipment repair inside the building.  PB agreed they would not restrict Jordan from working on his own equipment in the interim.  Jordan could always reapply for another SUP for repair of larger equipment once building can accommodate such.  Michelle Morgan – Asked if Jordan’s proposal is for non-commercial auto repair (Q Squared), a base for his excavation business (Earth Development), as well as repair of his own, personal commercial trucks/equipment.  Jordan replied affirmatively.  Jordan also indicated agreement with proposed “quiet time” hours, diesel idling limitations, one unlicensed supply trailer on premise, and modified site plan regarding fencing, additional vegetation and setbacks as previously discussed.  Additional discussion took place regarding restriction of number of vehicles on premise awaiting service and parking spaces for same.  No further discussion.  Chair asked for a motion for approval of the site plan as submitted/revised by Jordan May, thereby authorizing the code enforcement officer to grant a special use permit to Jordan May for a commercial business consisting of: a base location for Earth Development, LLC, and Q Squared for the purposes of conducting passenger auto repair with the following conditions: 

1.       The applicant agrees that he will not use machinery and/or equipment prior to 7:00 AM or after 9:00 PM

2.       Applicant agrees to comply with current NYS law regarding time period for diesel engines idling

3.       There will be no more than one (1) unlicensed trailer (no longer than 53’) on the premise at any time

4.       Parking spaces in the rear of the property will be limited to eight (8), subject to site plan

5.       No tractor trailer parking in the front of the establishment

6.       No more than one (1) unlicensed vehicle for storage purposes on the property at any time

7.       Repair/servicing performed by Q Squared, LLC will be on passenger motor vehicles only; no repair/servicing of large commercial trucks and/or equipment on premises, other than those personally owned by Mr. May, Q Squared, LLC and/or Earth Development, LLC

8.       Maximum number of personal vehicles on the premises awaiting repair will be limited to six (6), with parking of said vehicles to be in the rear of the property

9.       Building(s) on the site will be brought into code compliance upon the inspection/satisfaction of the town of Galway code enforcement officer

10.    Minimum 40’ setback area (buffer) will be maintained from rear property lines

11.    Gaps in existing buffer area will be filled in

12.    Fencing is to be set at an effective location and height (minimum 6’ high) to provide adequate visual screening of the site

13.    Appropriate erosion/sediment control measures will be instituted, including seeding of the area, as described/set forth on the site plan. 

Motion made as stated above by Mary Lynn Kopper.  Seconded by Margaret Phillips.  Roll call vote:  Paul Lent, no; Mary Lynn Kopper yes; Ruthann Daino, yes; Michelle Morgan, yes; Margaret Phillips, yes.  Motion carried by a vote of one No, four, Yes.  Jordan was instructed to contact the code enforcement officer for issuance of the actual special use permit and any other possible associated permits.  Jordan asked for clarification that he would be allotted a “reasonable amount of time” to comply with all the conditions.  Chair responded affirmatively; Mark Concilla will be the judge of the progress with compliance with the conditions.  Chair further explained his no vote was not so much opposed to him, but rather that he just feels it is too much going on at the site.  Would rather see him fulfill his obligations with the special use permit for Earth Development and come back later and propose something else for Q Squared. 

 

Application #07/017 – Application of Thomas and Susan Dugan for subdivision of a 3-acre lot from a 7-acre parcel located at 2512 Hermance Rd., Tax parcel #187.-1-2.32

Mr. Dugan was present.  Proposal is subdivide parcel into two parcels; one lot of approximately 4 acres with a house and shed, and a second lot of open land -- approximately 7 acres (Note:  tax roll/map shows property to be 10.95 acres).    4-acre lot will have approximately 342 ft. road frontage; 7-acre lot will be a “key hole” lot with 200’ of frontage, opening to approximately 564 feet in rear.  Survey maps must be submitted.  Map will need to contain driveway note (possibility of a driveway in excess of 500’ in length).  Need application fee ($50).  Also noted that property is located within Cons. Ag. District #2.  Everything else appears to be in order. Motion by Ruthann Daino to classify application #07/017 as a two-lot minor subdivision.  Seconded by Mary Lynn Kopper.  Roll call vote:  All ayes.  Motion carried.  CLASSIFIED A TWO-LOT MINOR SUBDIVISION.  Board then conducted the SEQRA review.  No significant impacts noted.  Motion by Mary Lynn Kopper to grant application #07/017 a negative SEQRA declaration.  Seconded by Ruthann Daino.  Roll call vote:  All ayes.  Motion carried.  Applicant instructed to submit 8 copies of survey/subdivision maps a minimum 14 days prior to next meeting he wishes to attend.   

 

Application #07/018 – Application of David R. Garrison & Carl, Jr. and Brenda Horstmann – subdivision of 4-acre lot from 62+ acre parcel located at 1498 Peaceable St., tax parcel #214-1-10 (additional acreage situate in Town of Charlton)

Mr. Garrison and Mr. Horstmann were both present.  Request is to create a 4-acre lot from approximately 62 acres owned by David Garrison, which lie within the boundaries of the town of Galway.  This newly created lot will not have any road frontage in the town of Galway, however.  Access to the lot is via a utility easement (60’ wide), which lies in the town of Charlton.  Town of Galway subdivision regulations require a “buildable lot” to have deeded road frontage on a town road.  (NYS Town Law, Section 280-1 also requires this.)  Therefore, a variance must be requested from the Zoning Board of Appeals first.  If granted, the application would then come back to the PB for consideration.  Noted:  Application is pending before the ZBA (to be heard in October 2007).  Also noted, title box should read “Subdivision of a portion of the Lands of …”.  Also, driveway note would be required (potential for driveway in access of 500’ in length).  No formal action can be taken at this time.   

 

Application #06/029 – Chas. H. Sells, Inc. o/b/o Frisbro Enterprises, Inc., 5-lot major subdivision (Beaver Lake Estates @ Cummings Pond) – Consaul / West Galway Rd., Tax parcel #s 198.-1-37.11, 37.12, 37.13 and 37.1A

Mike Groff was present, as was Mr. Ron Raganella (owner).  Chair recalled that the last time applicants were before the board they were referred to the NYS DOH.  Review by DOH has been completed, PB has received a set of plans stamped by NYS DOH, and a letter outlining the conditions of approval has been received and is on file.  Mr. Groff recapped:  1) Private road will be called “Cummings Lane”; 2) Mailboxes will be out on the main road; 3) All restrictive covenants from first application will run with this application (i.e., maintenance of dam, maintenance of road, etc).  4) driveway loading language has been included on plans.  Only loose end is the matter of storm water management (has probably changed since last submission).  Still waiting for DEC to wrap this up.  Chair queried the board to see if they wanted this approval first, or could we move forward and make approval contingent upon DEC’s approval.  Board agreed to move forward.  Chair also informed Mr. Groff that Ted Serbalik, SCDPW, called, expressing concern about another driveway that is going in just above this site.  Chair strongly encouraged Mr. Groff to contact him prior to breaking ground to address his concerns.  Board then conducted a Full Environmental Assessment review.  Conclusion was that the project will not result in any large and important impacts and therefore will not have a significant environmental impact; a negative declaration can be prepared.  Motion by  Mary Lynn Kopper to grant application #06/029 a negative SEQRA declaration.  Seconded by Michelle Morgan.  Roll call vote:  All ayes.  Motion carried.  GRANTED A NEGATIVE SEQRA DECLARATION.  Application will be set for public hearing October 23, 2007 (five(5) lot major).  

 

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 and William Harder were present.  They would like to proceed with their application, as is, proposing a keyhole lot for Lot #3 using the 30’ right-of-way/easement (May Road) as access.  Chair pointed out that town regulations require keyhole access to be a minimum of 40’ in width – believes this might also require a variance (in addition to one for relief from requirement of road frontage on a public highway).  Applicants were provided with an application to ZBA for variance and advised to process it through Mark Concilla.  PB cannot proceed/take action at this time.  

 

Application #05/009 – Gerard McKenna … major subdivision of 96+ acres located on NYS Rte. 147 - Mr. McKenna called to

 

 

PRIVILEGE OF THE FLOOR

 

Dennis Pokrzywka – Still contemplating an application for subdivision (Jersey Hill Road) – Nothing formal made to date

 

Mike Tillson – Concerned over Keller matter – still trying to create a lot on a private road.  Don’t seem to be grasping that other lots down there are located within the Lake District; they are not in the Lake District and that is what the difference is.  Brief discussion. 

 

 

OTHER BUSINESS - None

 

 

ADJOURNMENT - Motion for adjournment by Ruthann Daino.  Seconded by Margaret Phillips.  Voice Vote:  All ayes.  Motion carried.  Meeting adjourned at 9:35 p.m.

 

 

Respectfully submitted,

 

 

Carol L. DeLorme, Clerk

10/09/07