Duanesburg.Net - Planning Board February 2005

Town of Duanesburg
Planning Board Minutes
February 17, 2005

Members Present: Laura Silva, Chair, Larry Breckenridge, Mark DeLeva, Walt Miller, Fred Siegel, Martin White, Bill Ruther, Kathy Jo Gallo, Secretary, Gino Santabarbara, Town Planner

Public Hearings

James Cole of Knight Road, SBL#65.00-2-20.1 is applying for a 13 lot major subdivision known as Drawbridge Estates. This Public Hearing is continued from the January 6, 2005 Public Hearing.
Floor Opened to public comment.
Bridget Holmes of Knight Road expressed concern about the impact of drainage on the area with no infrastructure in the watershed of Delanson. Mr. Cole replied that the County Health Department will grant lot by lot approval of the septic. The watershed issue has been looked at through the SECR and all requirements have been met.
Board concerns for Mr. Cole included continued discussion of the road issue. At this time the road speed limit is posted at 45 mile per hour and the entrance has met all sight distance qualifications. Wetlands prevent moving the entrance to a different location. Board discussed the idea of a speed up lane to the road.
A letter signed Concerned Citizens in Duanesburg was read to the audience which citeed concerns about the increase in population, animal and water sanitation issues and road hazard concerns. The letter asked the Board to delay approval of the subdivision.
John Cestra, Knight Road expressed concern over water levels and asked the Board to consider approving phases of development to assess water level impact. Mr. Cole replied that the land cannot be sold until water is present and that the County will need to approve all water and septic issues.
Lance Manus expressed concern over the type of septic to be used and mentioned concern that the type discussed would not be legally permitted. Mr. Cole had not heard of these concerns and reiterated that the County will need to approve of all septic systems on a lot by lot basis.
Paul Munson Guernsey Road expressed concern over the potential for blasting of wells and asked the Board to consider asking for a bond from the landowner to ensure that it would not affect the wells of the existing population. Bill Miner, Western Turnpike questioned reading the unsigned letter into the record. Those who wrote the letter identified themselves and resubmitted the letter with their signatures. Public Hearing Closed

Dennis Mauro, owning 14 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. This Public Hearing is continued from the December 6, 2004 Public Hearing Public Hearing Opened. There were no questions or comments from the audience. Scott Lansing from Lansing Engineering was present. Concerns about the maintenance agreement and wetland delineation had been addressed. There is a mix of DEC and Army Corps wetlands, which have been mapped. These will be verified in the spring. Final approval will be contingent on maintenance agreement approval. The location of the driveway had been changed on the map. Public Hearing Closed.

Alan J. Krieger and Judith E. Prest of 5185 Scotch Ridge Road, SBL#55.00-2-6.9, are applying for a one lot minor subdivision. They are proposing to divide a 12.8-acre parcel into 2 lots, one lot 2.3 acres with an existing house and the remaining 10.5 acres with a barn. There will be one deeded restriction as the driveway next to the barn will be the right of way to the existing house Public Hearing Opened. There were no questions or comments from the audience. Mr. Krieger clarified that the access will be a service access only to the adjoining lot. Public Hearing Closed.

Gathering of the Vibes Special Use Permit Application. Ken Hayes will be available for questions from the Board regarding the Special Use Permit Application for Gathering of the Vibes, a 3 day music, arts and camping festival to be held at the Indian Lookout Country Club at 1142 Batter Street in Mariaville on August 12-14, 2005.

ublic Hearing Opened. Darrell Corbett expressed concern over security issues noting that there had been an issue in the past with ambulance access for the rest of the community. Bill Potter from the Indian Lookout Country Club addressed this issue. Mohawk Ambulance will be on site but if there is an emergency they will need to call 911 and emergency responders will send personnel, as they will. Concerns about the availability of the Duanesburg Ambulance squad that weekend were discussed. Tom Spoor, on the Board for DVAC stated that coverage for the community is always a concern. Mr. Hayes addressed traffic concerns stating that there had been less of an issue and that there will be multiple entrances. They expect about 4500 people. There are no artists signed at this time but they expect to have Bob Wehr and Ratdog, which play at smaller venues and do not expect any traffic problems. The Board asked Mr. Hayes to make sure that advertising reflected that music ends at 1am. They will continue their late night tent, which includes acoustic music, movies and other quiet activities. Public Hearing Closed.

Ken Meyer is seeking final approval for a thirteen (13) lot major subdivision on Depot Road SBL#55.00-2-14.31. The application calls for a subdivision of 80.93 acres into 13 residential lots. Public Hearing Opened. Scott Lansing from Lansing Engineering outlined the changes made. The development is 10 lots with the removal of lots #2, #12 and #13. Lot #5 is 26 acres and will be combined with the lot that is not usable for building, which is being retained by the applicant. Mr. Roe, owns land just in front of Lot #2 expressed concerns about the septic and its location close to his well. Kevin Kenvin asked about the method for drilling of the wells. A drilled well at 350 feet measured 6 gallons. Peter Watrous, Depot Road, expressed concern over the exposed rock and lack of top soil for septic drainage. Applicant stated that at this time there was no concern over the septic issues as the County had been present at test digs and there was enough soil.. The county will need to approve all planned septic systems. Mrs. Martino asked about a perk test. There has been no perk test at this time. Also expressed a concern about water runoff at the bottom of the hill. Applicant stated that this issue is addressed by the Stormwater Management plan required. Road sight distance issue was placed in a site to optimize the sight distances. They worked with Paul Sheldon at DOT and will get a letter for the Board. Public Hearing Closed.

Approval of the Minutes

There were no changes made to the January minutes. Motion to approve the January minutes made by Bill Ruther seconded by Fred Siegel. Roll Call Vote: Bill Ruther,yes, Fred Siegel,yes, Larry Breckenridge-yes, Walt Miller-yes, Laura Silva-yes, Mark DeLeva-yes, Martin White-yes

New Business

Frank V. and Kerri D. Maner (Owner)/ Thomas Vanvalen and Sheila M. Vanvalen Applicant of 1253 Oak Hill Road are applying for a two lot subdivision on State Route 30 SBL# 74.00-1-5. They would like to subdivide a six- (6) acre parcel from the present 88-acre parcel. The parcel to be subdivided has no road frontage and will be combined with the current lands of Vanvalen. None one present for this item.

Robert and Michelle Mikus of 6031 Scotchridge Road SBL#54.00-2-8.21 are applying for a 2 lot minor subdivision Lot#1 being 3.6 acres and Lot#2 being 8.85 acres. Board clarified that Lot#2 was a building lot.

Motion made by Fred Siegel seconded by Larry Beckenridge to schedule a Public Hearing for March 17th at 7:30pm. Roll Call Vote: Fred Siegel-yes, Larry Breckenridge-yes, Laura Silva-yes. Martin White-yes, Mark DeLeva-yes, Bill Ruther-yes, Walt Miller-yes

Arthur and Elizabeth Cribbs (Owners)/ Randy Horwedel Applicant of 2534 Duanesburg Churches Road SBL# 44.00-2-3.1 are applying for a two lot minor subdivision of 4.25 acres for the purpose of building a residence. Dave Ingalls from Ingalls and Associates is representing the applicant (Randy Horwedel) Board asked for a letter from the owners of the land stating that he could represent them in front of the Board in this matter. The Board also asked for an amended short EAF form as the one submitted states the new lot will be 3.0 acres rather than 4.25 acres. There is also a need for the map to include the existing well on the land and the well and septic of the neighboring property.

Motion made by Laura Silva seconded by Mark DeLeva to set a Public Hearing for March 17th at 7:30 PM contingent upon submission of the letter from the landowner, changes to the map and the revised short EAF form as discussed above. Roll Call Vote: Laura Silva-yes, Mark DeLeva-yes, Fred Siegel-yes, Walt Miller-yes, Bill Ruther-yes, Martin White-yes, Larry Breckenridge-yes.

Stacey and Gary Bradt owning property at 10103 Western Turnpike are applying for a Special Use Permit for a two bay garage with a small bulk food store and a small scale bakery built into one of the bays. Board discussed application. There will be four parking spaces, one being handicapped. They will be adding an additional septic to go to their existing leach field. They have been working will be working with Ag and Markets which monitors any food preparation business.

Motion made by Fred Siegel and seconded by Larry Breckenridge to set a Public Hearing for March 17th at 7:30 p.m.. Roll Call Vote: Fred Siegel-yes, Larry Breckenridge-yes, Laura Silva-yes, Martin White-yes, Walt Miller-yes, Bill Ruther-yes, Mark DeLeva-yes

Eugene DiNuzzo and Shelly Williams Community Apothecary Inc. This is an application for a Special Use Permit for a proposed retail Pharmacy to be located at 5083 Western Turnpike in existing commercial space. Board discussed this application. The Board expressed some concern over the parking and traffic flow at this location. All the parking is located behind the building. The applicants state that they do not anticipate a large walk in business getting most of their business from those leaving the doctors office in the building and through delivery service to contract holders. They stated that they anticipate one delivery per day by a small van and that they will use one vehicle to make a once a day delivery to their contracts. Board requested a site plan detailing the parking and traffic flow. Motion by Laura Silva seconded by MartinWhite to set a Public Hearing for March 17th 2005 at 7:30pm contingent upon submission of the site plan and traffic flow as detailed above. Roll Call Vote: Laura Silva-yes, Martin White-yes, Walt Miller-yes, Bill Ruther-yes, Larry Breckenridge-yes, Mark DeLeva-yes, Fred Siegel-yes

J. Clark Winslow owning property at 602 North Mansion Road SBL#67.04-1-79 would like to adjust a lakeside lot from "nonconformity" to "conformity" by moving one boundary on an adjacent lot also owned by the applicant. Mr. Winslow stated that he would like to build a larger house where the existing house stands. The proposed lot size adjustment will set the lot in compliance for the back boundary and place the well and septic on the building lot. Gino Santabarbara, Town Planner clearly stated to Mr. Winslow that the lot change did not make the lot compliant with current zoning ordinances and that he would still need to apply for a 10' variance for the left setback to build the house as proposed. Board asked Mr. Winslow toisubmit a new map with contour lines and septic disclosure. Motion made by Laura Silva seconded by Mark DeLeva to set a Public Hearing for March 17th at 7:30pm. Roll Call Vote: Laura Silva-yes, Mark DeLeva-yes, Larry Breckenridge-yes, Walt Miller-yes, Fred Siegel-yes, Martin White-yes, Bill Ruther-yes

James Palutti is applying for a Special Use Permit to construct a two family residence at 2180 Mariaville Scotch Church Road SBL# 18.00-2-11.13. Board asked for a septic disclosure on the map. Motion made by Larry Breckenridge to set a Public Hearing for March 17th at 7:30 p.m. contingent upon receiving the map with septic disclosure. Roll Call Vote: Larry Breckenridge-yes, Laura Silva-yes, Fred Siegel-yes, Martin White-yes, Bill Ruther-yes, Mark Deleva-yes, Walt Miller-yes

Old Business

Kevin Chesnut owning property on Delevan Road SBL#54.00-1-10.1 for final approval of a six lot major subdivision named Chesnut Hills Phase II. The plan is for 6 lots on 31 acres. There is a right of way to Duanesburg Churches Road and a dry hydrant on the pond.

The Board asked for the following items fromt the applicant: stormwater mangement plan (SWPS); Long EAF form; indication on the map of proposed houses, septic systems and wells; road proposal; notification to Village of Delanson for comments; letter from the Fire Chief and a utilities meeting.

Motion made by Larry Breckenridge seconded by Laura Silva to set a Public Hearing for March 17th at 7:30 p.m. contingent upon submission of the information outlined above for review. Roll Call Vote: Larry Breckenridge-yes, Laura Silva-yes, Fred Siegel-yes, Martin White-yes, Bill Ruther-yes, Mark Deleva-yes, Walt Miller-yes

Lance and Wendy Manus owning 9.2 acres on Western Turnpike and Wendy Lane SBL#53.00-1-29.111 are applying for a four lot major subdivision. Lot #1 is 2.3 acres, Lot #2 is 2.3 acres, Lot #3 is 2.3 acres and Lot #4 is 2.33 acres. This is a continuation of subdivision from the 1970's. Board discussed the application. Mr. Manus has no plans to develop the sites just to sell them. The Board asked for a Long EAF form. Motion by Fred Siegel seconded by Laura Silva to set a Public Hearing for March 17th at 7:30pm. Roll Call Vote: Fred Siegel-yes, Laura Silva-yes, Walt Miller-yes, Bill Ruther-yes, Martin White-yes, Larry Breckenridge-yes, Mark DeLeva-yes.

Votes on Public Hearings

ames Cole of Knight Road, SBL#65.00-2-20.1 is applying for a 13 lot major subdivision known as Drawbridge Estates. This Public Hearing is continued from the January 6, 2005 Public Hearing.

Board discussed concerns of the public. Sight distance may be seen as poor but it meets the standards set by the County and the Board relies on the County for their expertise. The Board discussed the water issue. It is not the land owners responsibility to ensure that the water of neighbors is not affected.

Motion made by Laura Silva seconded by Larry Breckenridge for a Negative declaration on the Long Form EAF. Roll Call Vote: Laura Silva-yes, Larry Breckenridge-Yes, Walt Miller-yes, Bill Ruther-yes, MartinWhite-yes, Mark DeLeva-yes, Fred Siegel-No

Motion made by Laura Silva seconded by Walt Miller to approve a 13 lot major subdivision known as Drawbridge Estates located on Knight Road. Roll Call Vote: Laura Silva-yes, Walt Miller-yes, Fred Siegel-yes, Larry Breckenridge-yes, Bill Ruther-yes, Martin White-yes, Mark DeLeva-yes.

Dennis Mauro, owning 14 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.

Motion made by Bill Ruther seconded by Fred Siegel for a Negative declaration on the short form EAF. Roll Call Vote: Bill Ruther-yes, Fred Siegel-yes, Laura Silva-yes, Martin White-yes, Walt Miller-yes, Mark DeLeva-yes, and Larry Breckenridge-yes

Motion made by Bill Ruther seconded by Mark DeLeva to approve the application by Dennis Mauro of North Mansion Road for a three-lot subdivision contingent upon attorney review and approval of a maintenance agreement to be attached to the deed.

Roll Call Vote: Bill Ruther-yes, Mark DeLeva-yes, Martin White-yes, Laura Silva-yes, Walt Miller-yes, Bill Ruther-yes, Fred Siegel-yes.

Motion made by Fred Siegel seconded by Martin White for a negative declaration on the short form EAF. Roll Call Vote: Fred Siegel-yes, Martin White-yes, Laura Silva-yes, Walt Miller-yes, Mark DeLeva-yes, Bill Ruther-yes, Larry Breckenridge-yes

Motion made by Fred Siegel seconded by Martin White to approve the application by Alan J. Krieger and Judith Prest for a lone lot minor subdivision. Roll Call Vote: Fred Siegel-yes, Martin White-yes, Laura Silva-yes, Walt Miller-yes, Mark DeLeva-yes, Bill Ruther-yes, Larry Breckenridge-yes

Motion by Fred Siegel seconded by Mark DeLeva for a Negative declaration on the short form EAF. Roll Call Vote: Fred Siegel-yes, Mark DeLeva-yes, Laura Silva-yes, Walt Miller-yes, Martin White-yes, Larry Breckenridge-yes, Bill Ruther-yes

Motion made by Mark DeLeva seconded by Fred Siegel to approve the application for a Special Use Permit for Gathering of the Vibes to be held at the Indian Lookout Country Club on August 12-14, 2005. Roll Call Vote: Mark DeLeva-yes, Fred Siegel-yes, Laura Silva-yes, Walt Miller-yes, Martin White-yes, Larry Breckenridge-yes, Bill Ruther-yes

Ken Meyer is seeking final approval for a ten (10) lot major subdivision on Depot Road SBL#55.00-2-14.31. Not present at vote: Bill Ruther and Martin White

Motion by Laura Silva seconded by Larry Breckenridge for a Negative Declaration on the Long form EAF. Roll Call Vote: Laura Silva-yes, Larry Breckenridge-yes, Mark DeLeva-yes, Fred Siegel-yes, Walt Miller-yes

Motion made by Laura Silva seconded by Larry Breckenridge to approve the application by Ken Myers for a 10 lot major subdivision with the following contingencies: submission of a Stormwater Prevention Plan, a letter from the county regarding sight distance and delineation of a septic system on the map so as not to interfere with the well of Mr. Roe. Roll Call Vote: Laura Silva-yes, Larry Breckenridge-yes, Mark DeLeva-yes, Fred Siegel-yes, Walt Miller-yes

Other

There will be a second meeting of the Planning Board for the month of March to be held on Monday March 21, 2005 at 7:30pm. There are eight Public Hearings set for the regular meeting night of Thursday March 17th. All other old and new business will be set for the agenda during the second meeting.

Meeting adjourned at 1:15am March 18, 2005

Minutes submitted by Kathy Jo Gallo, Secretary