Town of Duanesburg Planning Board
December 2, 2004

Members Present: Laura Silva,Chair, Sandra Scott, Martin White, Bill Ruther, Mark DeLeva, Walt Miller, Fred Siegel, Kathy Jo Gallo, Secretary

Public Hearings:

1. Francis H. Potter , owner/ Town of Duanesburg represented by Edward Fassett. Applicants are applying for a one lot minor subdivision of 4.0 acres off of 22.8 acres on Mariaville Road SBL #34.00-1-15, for the purposes of constructing a Municipal Sewage Plant for Sewer District #2. There were no comments or questions from the audience. Hearing Closed. Mr. Fassett submitted a document to the Board Chair regarding the Special Use Permit on this land. The County has commented on the need for a Pollution Prevention Plan.

2. Anna Burnett, 113 Barton Hill Road, SBL#81.00-2-9.111, subdividing 4.8 acres from 29.81 acres. There were no comments or questions from the audience. The septic disclosure on this application was not correct and will need to be correct before filing any paperwork. Ms. Burnett was instructed as to how to remedy the siutuation without needing to return.

3. CCJN and Company, owning property on Western Turnpike, SBL#53.00-1-47, seeking approval for Special Use Permit for two family residence. Mr. Robert Kanarkiewicz, a neighbor, had a list of concerns he addressed to the firm of CCJN and Company. Concerns raised included sound ordinance issues during construction, access to property during construction, size and location of proposed fences, use of fill from firms other projects, the size of the living space and the storage of construction materials in the setback areas. An adjoining neighbor was concerned about blasting being needed during construction and the time frame of the building. The representative from CCJN addressed all concerns. Hearing closed.

4. Dennis Mauro owning 14.0 acres on North Mansion Road, SBL#68.00-2-7.15 is subdividing 3 lots. Lot #1 is 4.09 acres, Lot #2 is 4.66 acres and Lot #3 is 6.23 acres. Represented by Jason Dell of Lansing Engineering. Adjoining neighbor cited concerns about the safety on the curve at the location. The County has recommended the application be disapproved, as one of the lots does not have the required road frontage. There were also concerns raised about the location of clearing and grading not indicated on the map and the location of wetlands should be indicated. There was also concern about the need for a Stormwater Pollution Plan.

Approval of Minutes

One change made to the November 4, 2004 minutes. Motion made by Sandra Scott seconded by Fred Siegel to accept the minutes of the November 4, 2004 meeting with change. Sandra Scott-yes, Fred Siegel-yes, Bill Ruther-abstain, Mark Deleva-yes, Martin White-yes, Walt Miller-yes, Laura Silva-yes

Motion made by Laura Silva seconded by Mark DeLeva to accept the minutes of the November 17, 2004 meeting. Roll Call Vote: Laura Silva-yes, Mark DeLeva-yes, Fred Siegel-abstain, Bill Ruther-abstain, Sandra Scott-yes, Martin White-yes, Walt Miller-yes

New Business

1. Daniel J. Lennon, 2425 Skyline Drive, SBL#45.00-2-19.41 is applying for a one lot subdivision of 4.40 acres with garage, known as Lot #1. There is an existing barn but no new construction is planned at this time. The survey was incomplete on this application. Contour lines, site map and septic disclosure were needed to complete the application. Motion by Fred Siegel seconded by Laura Silva to set a Public Hearing for the application by Daniel Lennon for a one lot subdivision on January 6, 2005 at 7:30pm contingent on completed application being submitted. Roll Call Vote: Fred Siegel-yes, Laura Silva-yes, Sandra Scott-yes, Martin White-yes, Mark DeLeva-yes, Walt Miller-yes, Bill Ruther-yes

2. Donald Lucarelli, owner, David Longo, applicant is applying for a one lot subdivision of 1.5 acres to be combined with lands of Longo. The total acreage of the new building lot would be 4.64 acres. The survey map was incomplete on this application. Contour lines, a north arrow and a site map will be needed for it to be complete. Motion made by Fred Siegel seconded by Laura Silva to set a Public Hearing for the application by Donald Lucarelli for a one lot minor subdivision on January 6, 2005 at 7:30pm contingent upon a completed application being submitted. Roll Call Vote: Fred Siegel-yes, Laura Silva-yes, Sandra Scott-yes, Martin White-yes, Bill Ruther-yes, Mar DeLeva-yes, Walt Miller-yes

Old Business

1. James Cole of Knight Road, SBL#65.00-2-20.1 is returning for update on Drawbridge Estates. Mr. Cole requested a Public Hearing in January. He is waiting to hear from County Health and expects to have the required information in time to submit for the Public Hearing review. Test wells and septic issues have been addressed. Mr. Cole questioned the Board about the road maintenance issue for clarification in the homeowners association agreement. The Town Board decides whether a road will be accepted as a town road after it is built and is not obligated to maintain it. Motion made by Laura Silva seconded by Sandra Scott to set a Public Hearing on the application by James Cole for a major subdivision on Knight Road for January 6, 2005 at 7:30pm contingent upon receipt of completed subdivision plat by December 13th. Roll Call Vote: Laura Silva-yes, Sandra Scott-yes, Martin White-yes, Bill Ruther-yes, Mark DeLeva-yes, Walt Miller-yes, Fred Siegel-yes.

2.Wm. M. Larnerd and Sons, Inc., represented by Bill Smart, SBL#35.00-1-13 are returning with further information on Lakeview Heights 2. Mr. Smart is looking for input from the board on the project. There was still concern over the zoning district once the sewer system is operational. At this time board concerns include the zoning issue, which determines the size of the lots, watershed, flood control, erosion control and storm water controls. At this point they determine that a zone change would be needed for the plan to progress. After the sewer district is operational the project may be eligible for a lot size reduction but the zoning will not change. Laura Silva will clarify the zoning issue with the Code Enforcement Officer.

3. Ken Meyer, SBL#55.00-2-14.31, are returning with further information on Depot Road subdivision. They submitted a new map with Lot#13 removed and consolidated into Lot #12. Board concerns included the need to see the road frontage as well as the proposed building frontages, road sections, curb cuts, and proposed design of the septic systems on the map. Other concerns included a need for County recommendations, Long Form EAF, storm water documentation and a wetlands report. Applicant stated that the Army Corp of Engineers was scheduled to come but there were no written documents at this time. Applicant requested a Public Hearing for January. Board clarified the need for their review of all documents and recommendations in this matter before a Public Hearing will be scheduled.

Discussion of Public Hearings

1. Francis H. Potter, owner/ Town of Duanesburg represented by Edward Fassett. Applicants are applying for a one lot minor subdivision of 4.0 acres off of 22.8 acres on Mariaville Road SBL #34.00-1-15, for the purposes of constructing a Municipal Sewage Plant for Sewer District #2.

Motion made by Fred Siegel seconded by Walt Miller for a Negative Declaration on the Short Form EAF. Roll Call Vote: Fred Siegel-yes, Walt Miller-yes, Laura Silva-yes, Sandra Scott-yes, Martin White-yes, Mark DeLeva-yes, Bill Ruther-yes.

Motion made by Bill Ruther seconded by Walt Miller to approve the application by Francis H. Potter for a one lot minor subdivision of 4.0 acres off of 22.8 acres on Mariaville Road, SBL #34.00-1-15, for the purposes of constructing a Municipal Sewage Plant for Sewer District #2. Approval contingent upon the NYSDEC Storm water Phase #2 requirements being met as per County recommendation. Roll Call Vote: Bill Ruther-yes, Walt Miller-yes, Laura Silva-yes, Fred Siegel-yes, Sandra Scott-yes, Mark DeLeva-yes, Martin White-yes.

2. Anna Burnett, 113 Barton Hill Road, SBL#81.00-2-9.111 is subdividing 4.8 acres from 29.81 acres.

Motion made by Bill Ruther seconded by Mark DeLeva for a Negative Declaration on the Short Form EAF. Roll Call Vote: Bill Ruther-yes, Mark DeLeva-yes, Laura Silva-yes, Fred Siegel-yes, Sandra Scott-yes,, Martin White-yes, Walt Miller-yes.

Motion made by Laura Silva seconded by Walt Miller to approve the application by Anna Burnett for a one lot minor subdivision of 4.8 acres provided the septic disclosure is amended on the survey map. Roll Call Vote: Laura Silva-yes, Walt Miller-yes, Mark DeLeva-yes. Martin White-yes, Sandra Scott-yes, Bill Ruther-yes, Fred Siegel-yes,

3. CCJN and Company, owning property on Western Turnpike, SBL#53.00-1-47, seeking approval for Special Use Permit for two family residence.

Motion made by Bill Ruther seconded by Mark DeLeva for a Negative Declaration on the Short Form EAF. Roll Call Vote: Bill Ruther-yes, Mark DeLeva-yes, Laura Silva-yes, Fred Siegel-yes, Sandra Scott-yes,, Martin White-yes, Walt Miller-yes.

Motion made by Fred Siegel and seconded by Walt Miller to approve the application by CCJN and Company for a Special Use Permit for the purpose of building a two family residence. Roll Call Vote: Fred Siegel-yes, Walt Miller-yes, Laura Silva-yes, Sandra Scott-yes, Martin White-yes, Bill Ruther-yes, Mark DeLeva-yes

4. Dennis Mauro owning 14.0 acres on North Mansion Road, SBL#68.00-2-7.15 is subdividing 3 lots. Lot #1 is 4.09 acres, Lot #2 is 4.66 acres and Lot #3 is 6.23 acres

There were many concerns regarding this project including a recommendation by the County to disapprove the project, a maintenance agreement for the shared driveway, wetlands review and erosion issues. The map will need to indicate that there is a 100 foot buffer between the wetlands and the driveway and the final map will need to indicate the wetland delineation as well as 100 foot radius circles around the septic and the wells.

Motion made by Fred Siegel and seconded by Walt Miller to continue the Public Hearing for Dennis Mauro to January 6, 2005 at 7:30pm. Roll CallVote: Fred Siegel-yes, Walt Miller-yes, Sandra-Scott-yes, Martin White-yes, Mark DeLeva-yes, Bill Ruther-yes and Laura Silva-yes.

Other Business

Gino Santabarbara is the new Town Planner and will have office hours on Tuesdays and Fridays from 5:30pm to 7:30pm. He described his role as an intercept for the Board. Applicants will present their applications to him and he will make sure they are completed before they appear before the Board. His e-mail address is gsantabarbara34@aol.com

Board discussed issues of concern that may be addressed including a list of requirements based on the project (septic, test wells, engineer approval).

Meeting adjourned 10:40pm
Submitted by Kathy Jo Gallo, Secretary