MINUTES OF PLANNING BOARD MEETING                                                                                                         

Date of Meeting:  January 22, 2008

 

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, Margaret Phillips and Michelle Morgan

 

MEMBERS ABSENT:  None

 

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

 

REVIEW AND APPROVAL OF MINUTES

 

All members had reviewed the minutes of the previous meeting (November 27, 2007).  Motion by Mary Lynn Kopper to approve the minutes as presented.  Seconded by Margaret Phillips.  No discussion.  Voice vote: All ayes.  Motion carried.  

 

CLERK’S REPORT

 

Transmittal received from Saratoga County Clerk’s Office:  Two subdivision maps were filed in the month of December 2007:

Lot line revision for Lands of John Thomas and Lenore Lanka and lot line adjustment/annexation between Lands of JR Hewitt and Charles Gochenour. 

 

CHAIR’S REPORT
 
Communication received from law offices of Ianniello, Anderson & Reilly regarding the Lands of Estate of Elizabeth Remscheid on Jockey Street questioning a subdivision map that was filed subsequent to a subdivision approved by the T/O Galway PB on April 16, 1999.  Appears to have been an amended map filed (December 21, 2004) without T/O Galway PB stamp.  Matter came up in a title search.  Question was whether or not this board had taken any action to cause a revised map to be filed?  Investigation did not reveal any such action.  Chair spoke with attorney Peter Reilly who advised that it not a matter for this board; rather a matter for title insurance companies.  (Copy of letter attached).    
 

PUBLIC HEARING

 

Clerk read the public notice as it appeared in the Daily Gazette on January 12, 2008.  Public hearing opened at 7:35 p.m.

 

Application #07/024 – Application of Sandra A. Leahy (aka Sandra Sanders) and Fred S. Sanders for subdivision of a 6.9-acre parcel from an approximate 128-acre parcel located at 4613 Sacandaga Road, Town of Galway, tax parcel #212.1-29.1, said property being located within the boundaries of Consolidated Agricultural District #2

Attorney Dennis Tarantino stated for the record that he was present o/b/o his client, applicant Sandra Leahy.  One member of the audience asked for and was provided with clarification as to the location of the parcel being subdivided (i.e., west side of Rte 147).  No other questions/comments form audience. 

 

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

 

 

 

 

PUBLIC MEETING

 

Application #07/024 … Sandra A. Leahy (Sanders) and Fred S. Sanders … tax parcel #212.1-29.1

Noted that Mr. Tarantino previously submitted new maps that reflected changes requested by this board at the November meeting (i.e., corrected language for agricultural disclosure statement and driveway specifications).  Everything appears to be in order.  Chair asked Mr. Tarantino if applicant would object to a deed restriction stating that there will no be any further subdivision of this [6.9 acre] parcel (stating the density of two potential drives on that hill area as being a concern).  Mr. Tarantino stated he had not spoken specifically to his client about that, but did not think it would be objectionable – his understanding is that the purpose of subdivision is for one lot only.  No other comments/questions.  

Motion by Mary Lynn Kopper to grant final approval to Application #07/024, the application of Sandra A. Leahy (Sanders) and Fred S. Sanders for subdivision of a 6.9-acre lot from an approximate 128-acre parcel located at 4613 Sacandaga Road in Consolidated Agricultural District #2 (a two-lot minor subdivision), as per revised survey/subdivision map submitted 01/15/08, and approve for filing with the agreement by the applicant to deed restriction stating that there will be no further subdivision of the 6.9-acre parcel.  Seconded by Michelle Morgan.  No further discussion.  Roll call vote: Paul Lent, yes; Mary Lynn Kopper, yes; Ruthann Daino, yes; Margaret Phillips, yes, Michelle Morgan, yes.  Motion carried.  GRANTED FINAL APPROVAL FOR A TWO (2) LOT MINOR SUBDIVISION.  Additional subdivision fee of $25 (for one new lot created) due.  Applicant was instructed to submit one Mylar and two paper copies of the subdivision map for stamping/signing by the Chair, as well as a draft copy of the deed containing the above-stated restriction.  Applicant will have 62 days from date of signing to file the Mylar and one paper copy with the Office of the Saratoga County Clerk. 

 

Application #07/020 – Thaddeus Quay for subdivision of an approximate 3.5-acre lot from a 34-acre parcel located on the north side of Hermance Rd., Town of Galway, Tax parcel #174.-1-93.1 (Cons. Agri. District #2)

Mr. Gilbert Van Guilder, Land Surveyor, was present representing the Quays.   Clerk reported that Mr. Van Guilder did appear before the ZBA on February 9, 2008 and was granted an area variance from the 200’ road frontage requirement and referred the matter back to the PB for final decision regarding request for subdivision.  Mr. Gilbert reported tonight, however, that he is under contract with the Jaworski heirs for the purchase of the other half of the road on the easterly side of the property.  (Don’t actually have title to it yet, but expect the closing to be in a couple of weeks.)  Therefore, there is now 225.04’ of road frontage so the variance is no longer necessary.  Board then conducted SEQR review and Chair entertained a motion for classification.  Motion by Marylynn Kopper to grant application #07/020, application of Thaddeus Quay, a negative SEQRA declaration.  Seconded by Margaret Phillips.  No further discussion.  Roll call vote:  All ayes.  Motion carried.  GRANTED A NEGATIVE SEQRA CLASSIFICATION.  Motion by Ruthann Daino to classify application #07/020 as a 2-lot minor subdivision.  Seconded by Margaret Phillips.  No further discussion.  Roll call vote:  All ayes.  Motion carried.  CLASSIFIED A 2-LOT MINOR SUBDIVISION.  Application will be scheduled for public hearing in February (2/26/08). 

 

Application #07/025 – Jeffrey Schaperjahn and Dennis and Kathleen Schaperjahn for subdivision of a 3-acre lot from an approximate 30-acre parcel located on Hudson Road, Tax parcel #199.-1-4.11.

David Schaperjahn and Jeffrey were present.  David Schaperjahn explained that the 30-acre parcel is actually owned jointly by he and his wife and his brother and his wife.  Request is to create a 200’ x 647’, 3-acre lot for David’s son (Jeffrey) to build on.  Not any immediate plans for further subdivision, but Mr. Schaperjahn was informed about the possibility of a major subdivision classification if more than four lots are created within five years.  He indicated his understanding.  Ruthann Daino posed questions about the wetlands, which were answered by Mr. (David) Schaperjahn.  As documentation/maps submitted with application were very detailed, consensus was board could move forward with SEQR review and classification.  Motion by Margaret Phillips to grant application #07/025, application of Dennis/Kathleen and Jeffrey Schaperjahn, a negative SEQRA declaration.  Seconded by Ruthann Daino.  Further discussion: One minor change needed on map -- lots are not numbered; need to be.  Parent parcel should be #1 and new lot #2.  Also, board members agreed that since there are multiple owners of this property, all should either sign the application, or, signed authorizations from all other parties allowing David Schaperjahn to act on their behalf need to be submitted. No further discussion.  Roll call vote:  All ayes.  Motion carried.  GRANTED A NEGATIVE SEQR DECLARATION.  Motion by Marylynn Kopper to classify application #07/025 a 2-lot minor subdivision.  Seconded by Ruthann Daino.  No further discussion.  Roll call vote:  All ayes.  Motion carried.  CLASSIFIED A 2-LOT MINOR SUBDIVISION.  Application will be scheduled for public hearing next month (2/26/08). 

 

 

PRIVILEGE OF THE FLOOR  - None Requested

 

 OTHER BUSINESS

 

Chair reminded members of the January 30th annual training session in Saratoga Springs.  All registrations have been made. 

 

 
ADJOURNMENT - Motion for adjournment - Margaret Phillips.  Seconded by Marylynn Kopper.  Voice Vote:  All ayes.  Motion carried.  Meeting adjourned at 8:08 p.m.

 

 

Respectfully submitted,

Carol L. DeLorme

Carol L. DeLorme, Clerk