MINUTES OF PLANNING BOARD MEETING                                                                                                         

Date of Meeting:  February 26, 2008

 

MEETING CALLED TO ORDER AT 7:32 PM by Chair, Paul Lent. 

Noted for the record that the area was experiencing a very intense snowstorm this evening.  Chair explained that due to the storm and one reported illness, the board does not have a quorum.  Public hearings will be opened but formal action cannot be taken on any applications due to the lack of quorum.  Therefore, the public hearings will remain open until next month, at which time formal action can be taken.  Clerk then called the role: 

 

MEMBERS PRESENT:  Paul Lent, Michelle Morgan

 

MEMBERS ABSENT:  Ruthann Daino (ill), Mary Lynn Kopper (due to snow storm)

 

ALSO PRESENT:  Carol DeLorme, Clerk; Michael Tillson, Town Board liaison; and approximately 5 people in the audience

 

CLERK’S REPORT

 

Transmittal received from Saratoga County Clerk’s Office:  One map was filed during the month of January 2008: Beaver Lakes Estates on 1/2/2008. 

 

CHAIR’S REPORT
 
-          Number of calls on applications that may be coming up in the future but thus far, none have been filed 
-          Very good attendance at training session on January 30th in Saratoga.  Chair felt, and Michelle Morgan agreed, that training was very beneficial.
 

PUBLIC HEARING

 

Clerk read the public notice as it appeared in the Daily Gazette on February 16, 2008.  Public hearing opened at 7:35 p.m.

 

Application #07/020 – Request of Thaddeus and Agnes Quay for subdivision of a 3.5-acre lot from an approximate 34-acre parcel located on the north side of Hermance Rd., Town of Galway, Tax parcel #174.-1-93.1 in Consolidated Agricultural District #2) - Gilbert Van Guilder, surveyor, was present on behalf of the Quays.  Maps have been revised to contain the appropriate agricultural disclosure statement.  No other changes were needed.  No questions/comments from board members or public.  Board unable to take formal action.  Clerk noted one letter addressed to Dale Dame was returned as undeliverable.  Public hearing will remain open. 

 

Application #07/025 – Application of Dennis E. and Candace M., David C., and Kathleen M. Schaperjahn for subdivision of a 3-acre lot from an approximate 31-acre parcel of vacant land located on Hudson Road in the Town of Galway (a 2-lot minor subdivision), Tax parcel #199.-1-4.11

Applicants were present.  Applicants did provide three copies of survey/subdivision map which reflected minor revision requested at last month’s meeting (i.e., numbering of lots).  Applicants also provided written authorization from other owners of the property (in file).  There were no comments/questions from the public.  Michelle Morgan asked for/received clarification regarding location of the property.  No other comments/questions.  Chair reported that he did receive one call from an attorney in Boston who is the law guardian for Christopher Smeallie.  After explaining the proposal to him, he did not have any objection; supported the application.  Again, no formal action can be taken due to lack of quorum; public hearing will remain open. 

 

 

Margaret Phillips arrived at this point in the meeting (7:48 pm) thus constituting quorum.  Chair explained, however, that with only 3 board members, approval of the applications will require a unanimous vote and gave the applicants the option of postponing formal voting until next month.  None of the applicants opted to postpone.  Therefore, public hearings reconvened.

 

REVIEW AND APPROVAL OF MINUTES

 

All members previously reviewed the minutes of the January 22, 2008 meeting.  Motion - Margaret Phillips to approve the minutes as presented.  Second - Michelle Morgan.  No discussion.  Voice vote: All ayes.  Carried.  

 

Application #07/020 – Request of Thaddeus and Agnes Quay for subdivision … Tax parcel #174.-1-93.1

Mr. Van Guilder once again explained the proposal.  Mr. Van Guilder explained that following granting of an area variance for the road frontage from the ZBA, he was successful in purchasing half of the abandoned roadbed (which will be used as the driveway into the new lot), thereby giving the lot the required 200’ of road frontage (225.04’).  Therefore, it will not be necessary to execute the area variance.  No comments/questions from audience or board members.  Motion - Michelle Morgan to close the public hearing.  Second- Margaret Phillips.  No discussion.  Voice Vote:  All ayes.  Carried.  Public hearing closed at 7:58 p.m.

 

Application #07/025 – Application of Schaperjahn for subdivision … Tax parcel #199.-1-4.11

David Schaperjahn again explained their proposal – Gifting a 3-acre lot over to son, Jeffrey, on which to build a house.  No questions/comments from public or board members.  Motion - Margaret Phillips to close the public hearing.  Second - Michelle Morgan.  No further discussion.  Voice Vote:  All ayes.  Carried.  Public hearing closed at 7:59 p.m.

 

PUBLIC MEETING opened

 

Application #07/020 – Request of Thaddeus and Agnes Quay for subdivision … Tax parcel #174.-1-93.1

No further questions from board.  Motion - Margaret Phillips to grant final approval to Application #07/020, the application of Thaddeus and Agnes Quay for subdivision of a 3.5-acre lot from an approximate 34-acre parcel located on the north side of Hermance Road, town of Galway (a 2-lot minor subdivision) tax parcel #174.-1-93.1, said property being located within the boundaries of Consolidated Agricultural District #2, as per revised survey/subdivision map submitted 01/25/08, and approve for filing.  Second - Michelle Morgan.  No further discussion.  All paper work is in order.  No restrictions/stipulations deemed necessary.  Roll call vote:  Paul Lent, yes; Michelle Morgan, yes; and Margaret Phillips, yes.  Carried.  GRANTED A 2-LOT MINOR SUBDIVISION.  Mr. Van Guilder was advised to submit one Mylar and two paper copies of the approved map for signing/stamping by the chair.  Additional $25 fee is due at this time.  Mr. Van Guilder was reminded they will have 62 days in which to file the Mylar and one paper copy of the map with the Saratoga County Clerk’s office. 

 

Application #07/025 – Application of Schaperjahn for subdivision … Tax parcel #199.-1-4.11

No questions from board members.  Motion - Michelle Morgan to grant final approval to application #07/025, application of Dennis E. and Candace Schaperjahn and David and Kathleen Schaperjahn for subdivision of a 3-acre lot from an approximate 31-acre parcel located on Hudson Road in the town of Galway (a 2-lot minor subdivision), tax parcel #199.-1-4.11, as per revised map submitted 2/26/08, and approve for filing.  Second - Margaret Phillips.  No further discussion.  No restrictions/stipulations necessary.  Roll call vote:  All ayes.  Carried.  GRANTED A 2-LOT MINOR SUBDIVISION.  Applicants were advised to submit one Mylar and two paper copies of the final approved map for stamping/signing by the Chair.  They will then have 62 days in which to file the Mylar and one paper copy with the Office of the Saratoga County Clerk.  Additional $25 subdivision fee paid (2/26/08). 

 

PRELIMINARY REVIEW - Application #07/023 - Dennis M. Pokrzywka - Major subdivision of an approximate 141-acre parcel bisected by Jersey Hill Rd. and Kania Rd (Consolidated Agricultural District #2), town of Galway tax parcel #211.-1-21

Mr. Pokrzywka was present, as was his surveyor, Gil Van Guilder, who presented the application.  Mr. Van Guilder had only one map available, which he posted and explained.  Based on an accurate survey of the property, there is a total of 137.14 acres, not including any of the road driveways.  Dennis’s proposal is to subdivide the property into 15 lots, the smallest lot being 3.96A and the largest 16.9 acres.  Division of the portion of the property on the westerly side of Jersey Hill Rd is based on physical evidence of stonewalls – sets up a triangular pattern.  There is one proposed keyhole lot with 40’ frontage.  There is a DEC wetland that goes through the property; basically water runs in a northerly direction towards Cummings Pond (ends up there).   Tried to leave wetlands in tact on big lots, as much as possible with the only divisions being along physical features.  Has indicated building areas for homes.  Proposal is for maintaining “agricultural” uses (i.e., equestrian uses, etc.) for all lots with the exception of two which would not be large enough to support agricultural uses per our zoning regulations (5 acres required for keeping of animals).  Feels it is a good proposal because it keeps intact the individual uses and divisions that original farm has set up.  Would be for single-family homes with the expectations of agricultural uses along with them.  Chair requested that Mr. Van Guilder supply the board with workable size copies of the map (11 x 17).  Chair – Current proposal considerably different from original one submitted in October 2007.  Application will take some time to work through, based on the size of it – proposes to significantly change the density in that area.  Proposal will need to be reviewed by County PB (lies within consolidated agricultural district) and town engineer among others.  Michelle Morgan posed possibility of stipulating no further subdivision of the lots [as a means of controlling further development].  Chair – Can propose any condition PB chooses provided the applicant is willing to accept it.  Mr. Van Guilder stated that is something they would consider.   Mr. Van Guilder – Obviously, site examination/samples of soil conditions will have to wait until spring, but willing to forward copy of application/map to town engineer, Jim Mitchell, for his review.  Therefore, 8 copies of the survey/subdivision map should be sufficient.  Application will probably also be forwarded to fire dept/EMS for review/comment.  Applicant will need to forward $100 application fee and sign/return “Agreement to Pay” for any engineering, legal and/or other professional fees incurred by the town in conjunction with the application. 

 

PRIVILEGE OF THE FLOOR 

 

Review of application from Town of Providence (Barb Rufer, Chair): Priority Equities for 3-lot subdivision of property at corner of South Line and Greens Corner Roads.  Existing house/frontage is located in town of Providence; however, majority of property is in the town of Galway.  Therefore, Galway has a decided interest in this proposal.  Chair reported having several phone calls from applicant earlier today – thought they would be in attendance tonight.  T/o Providence PB has advised applicants that they favor a 2-lot subdivision.  However, applicants continue to feel strongly that they would like to secure Galway’s approval to subdivide the 20+ acres in t/o Galway into 2 lots using a common or shared driveway.  Chair noted that this proposal was briefly reviewed at a previous meeting at which time Fire Chief Doug DeRidder and EMS chief Mike Jazwinski were present.  At that time, they both expressed considerable concern about the length of the proposed driveway (1000 – 1100 ft. or more) and inability of fire dept/EMS to know there was a house back there.  Also voiced other concerns about having a house that far off the road including water supply, maneuverability of equipment –public safety concern.  Chair and other board members in attendance expressed considerable concerns with proposal.  Want additional time to review and feel other members should have opportunity to provide input as well.  Chair will call Barb Rufer to advise that this board would like applicant to appear before us to provide more detailed information about the plan prior to Providence granting any approvals.  Also, matter has been referred to SCPB; Chair will try to see what their comments were.  Margaret Phillips – Pointed out that, per map provided, well for Lot #1 is located over property line onto Lot #3 – another area of concern. 

 

 

 OTHER BUSINESS - None

 

 
ADJOURNMENT - Motion for adjournment – Michelle Morgan.  Second - Margaret Phillips.  Voice Vote:  All ayes.  Carried.  Meeting adjourned at 8:30 p.m.

 

 

Respectfully submitted,

Carol L. DeLorme

Carol L. DeLorme, Clerk