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Planning Board Minutes July 21, 2005

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

Public Hearings

Anna Kostadinova has submitted an application for a minor subdivision at 10 Courtney Drive. The application is to divide the 5-acre lot into two smaller lots. The applicant was not present for the Public Hearing and did not submit the necessary paperwork prior to the meeting to proceed further. Neighbors who had been notified of this public hearing were present and expressed their concerns to the board.

Board discussed the legality of this type of subdivision, creating a smaller lot from those created during a major subdivision process. There is no law at this time that states otherwise unless it is stated in the deed that the land cannot be further subdivided. The Planning Board is not allowed to arbitrarily decide to disapprove of a subdivision unless the town zoning ordinances are not being met.

Victory Lap Inc, Scott E. Gray Owner has submitted an application for a Special Use Permit to expand their current use of space as an ice cream/fast food stand. The expanded use will include the addition of one portable steel and plywood racetrack measuring 18 by 30 feet and one oval racetrack with a clay base, grass and drainage pipe guardrails, behind the existing building measuring 50x50 feet. Audience concerns included noise, size of cars, expansion of business and hours of operation. Mr. Gray explained the decibel levels of the cars are within permitted levels. The business will not operate the tracks after dark and no lights will be installed. If the business expands it will not be included within this Special Use Permit. Public comments closed. County approves of the plan contingent upon approval by the County Department of Health that the current septic will accommodate the expanded use.

Helene Thomas owning property at 364 Wells Road, SBL#25.00-1-7.1 has submitted an application for a two lot minor subdivision. The proposed subdivision would create one 2.3 acre lot and one 18.81 acre lot from the original parcel of 21.11 acres. Scott Lansing from Lansing Engineering represented the applicant. Public comments opened. Michael Begin Wells Road stated that a ditch had been dug on this parcel and that the ditch reached his property and was causing wastewater to flow onto his property. Stated that the County Health Department had been called and that the ditch was being inspected. Audience comment (engineer) stated that the ditch had been inspected and did not affect Begin property and that the runoff was from a directed ditch at 669 Wells where there were under the road culvert pipes. There was no determination that this was wastewater. County approves of the plan. Public comments closed.

Jeffrey and Brenda Schworm owning property at 6560 Duanesburg Road SBL#55.00-4-25 have submitted an application for a Special Use Permit. They propose to build a single family residence on the parcel which is zoned C-1. Well has been drilled 135 feet hit 20g/min. They have an approved septic plan. No audience concerns. County approves of this plan. Public comments closed.

Minutes: The June Minutes were not available to members prior to the meeting for review.

Alan Krieger owning property on Depot Road SBL# 55-2-23 has submitted an application for a minor subdivision dividing the 5.7 acre lot into two parcels. Applicant was not present.

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. This matter continued from March 2005. Lance Manus represented Mr. Chestnut. Mr. Chestnut submitted plans to the Board on July 19th and they were not available for review until this evening. Updated plans included DEC mapped wetlands, which were flagged resulting in changes in lot size as well as from a 6-lot plan to a 5-lot plan. Mr. Chestnut was looking for further input from the Board and to finalize the public hearing at the August meeting. Gino Santabarbara asked about plans for the road and read the options from the zoning ordinance. Mr. Chestnut will be building the road pending approval from the Town Engineer. The updated information will be sent to County for review.

Motion made by Martin White seconded by Mark DeLeva to continue the Public Hearing for Chestnut Hills Phase II at the August 2005 meeting. Roll Call Vote: Martin White-yes, Mark DeLeva-yes, Walt Miller-yes, Bill Ruther-yes, Fred Siegel-yes, and Larry Breckenridge-yes

Paul J. Winnie owning property on Crow Hill Road SBL#76-2-6.1 has submitted an application for a Special Use Permit for the purpose of building a storage barn. A Special Use Permit is needed due to the 112' setback. The barn will be used for equipment storage. Board requests a site map be submitted.

Motion made by Bill Ruther seconded by Larry Breckenridge to set a Public Hearing for August 18, 2005 on this matter. Roll Call Vote: Bill Ruther-yes, Larry Breckenridge -yes, Walt Miller-yes, Fred Siegel-yes, Martin White-yes, Mark DeLeva-yes

Stephen and Keith Longtin (Applicants) and Charles and Sally Wilber (Owners) have submitted an application for a minor subdivision on property at 866 Main Street in Delanson. They will create two lots Lot#1 being 42.2 acres and Lot#2 being 21.3 acres with a common driveway. The survey has some minor changes, which will be corrected prior to the Public Hearing. Board requests a document with the exact language that will be placed in the deed regarding the maintenance agreement for the shared driveway and easement. Board also requests a copy of the contract or a letter stating that Mr. Longtin has permission from the current owners to represent their interests at the Public Hearing.

Motion made by Mark DeLeva, seconded by Fred Siegel to set a Public Hearing on this matter August 18, 2005. Roll Call Vote: Mark DeLeva-yes, Fred Siegel-yes, Larry Breckenridge-abstain, Walt Miller-yes, Bill Ruther-yes, Martin White-yes If approved contingency that deed will have regarding the maintenance agreement

Thomas R. Spoor owning 40.5 acres at 579 Duanesburg Churches Road SBL#54-2-35 is applying for a 9 lot major subdivision to be known as Hawks Landing. The parcels range in size from 2.3 acres to 5 acres and the project will include construction of a road into the subdivision from Duanesburg Churches Road. Mr. Spoor cancelled the Public Hearing that had been approved last month prior to notice being served. He would like to reschedule for August. Mr. Spoor will submit the road surveys prior to the information being sent to the county. He will also have the well information at the Public Hearing. Mr.Spoor plans to construct the road with approval by the Town Engineer. The fire pond was discussed and the owner of the lot will maintain it. Drainage ditches will be deeded to the town. There will be a well on lot #2 prior to the public hearing.

Motion made by Martin White seconded by Bill Ruther to set a Public Hearing on this matter for August 18, 2005. Roll Call Vote: Martin White-yes, Bill Ruther-yes, Walt Miller-yes, Larry Breckenridge-yes, Fred Siegel-yes, and Mark DeLeva-yes

Mr. Spoor indicated he would not be opposed to deed restrictions on further subdivisions. Board discussed the legality of asking for deed restrictions on major subdivisions. Gino Santabarbara stated that the Board can ask for them if it helps them conform to the Master Plan but it needs to be on a case by case basis.

Public hearing -Votes

Motion made Fred Siegel seconded by Larry breckenridge for a Negative Declaration on the Short Form EAF. Roll Call Vote: Fred Siegel-yes, Larry Breckenridge-yes, Walt Miller-yes, Mark DeLeva-yes, Bill Ruther-yes, and Martin White-No

Motion made by Fred Siegel seconded by Larry Breckenridge to approve the application by Victory Lap Inc. for a Special Use Permit. Roll Call Vote: Fred Siegel-yes, Larry Breckenridge-yes, Walt Miller-yes, Mark DeLeva-yes, Bill Ruther-yes, and Martin White-no

Helene Thomas owning property at 364 Wells Road, SBL#25.00-1-7.1 has submitted an application for a two lot minor subdivision. The proposed subdivision would create one 2.3 acre lot and one 18.81 acre lot from the original parcel of 21.11 acres. The Board discussed the runoff issue and would like further information regarding this ditch. They stated this is a legitimate health and safety issue. The map did not show the location of the ditch or the culvert.

Motion made by Bill Ruther seconded by Larry Breckenridge to extend the Public Hearing until theAugust 18, 2005 meeting. Roll Call Vote: Bill Ruther-yes, Larry Breckenrdge-yes, Mark DeLeva-No, Fred Siegel-yes, Martin White-yes, and Walt Miller-yes.

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, Walt Miller-yes., Martin White-yes, Larry Breckenridge-yes, Mark DeLeva-yes

Motion made by Bill Ruther seconded by Fred Siegel to approve above application for a Special Use Permit. Roll Call Vote: Bill Ruther-yes, Fred Siegel-yes, Walt Miller-yes., Martin White-yes, Larry Breckenridge-yes, Mark DeLeva-yes

No other business.

Meeting Adjourned 9:45pm Minutes Submitted by Kathy Jo Gallo-Secretary