Town of Duanesburg
Planning Board Minutes
March 17, 2005

Members Present: Laura Silva, Chair, Sandra Scott, Fred Siegel, Mark DeLeva, Walt Miller, Gino Santabarbara, Planner, Kathy Jo Gallo, Secretary

Public Hearings

Stacey and Gary Bradt owning property at 10103 Western Turnpike SBL# 65.00-1-23 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. Public Hearing Opened. Lance Manus, Wendy Lane, had concerns about parking. Applicant showed space for four cars in addition to the residential use of the site and stated she does not expect the type of volume that would cause concern for parking. County concerns included approval of the septic plan by the County Health Department and the construction of a second principal structure on the property. Hearing Closed.

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. Public Hearing Opened. There were no audience comments or questions. County concerns included; Storm Water Prevention Plan considering both Phase I and Phase II of the plan as a whole, wetlands delineation on lot #11 and therefore the ability to build on that lot, the fact that Delevan Road would be crossing a stream and the need for a stream crossing permit, and the location of the septic plan on Lot #16. The Board requested test well information. Public comments closed for this application.

Community Apothecary Inc. is applying for a Special Use Permit for a proposed retail pharmacy to be located at 5083 Western Turnpike in existing commercial space. Public Hearing opened. There were several positive comments regarding the need for a pharmacy in the town. The County would like the Board to consider a request for information about the current septic system and whether it could accommodate the use. Public Hearing Closed.

Arthur and Elizabeth Cribbs owning property at 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 represented this matter. New map submitted to the Board included the neighboring wells, contour lines and a proposed development plan.

Jack Bucelli of The Empire Rod and Gun Club questioned the right of way provision to the lands in the back of the large parcel and were told this subdivision was not impacting the land or driveway in question. Dennis O'Malley of Mudge Road wrote a letter to the Board regarding site distance at the proposed driveway. The applicant will need to apply for a permit for a curb cut through the Department of Transportation and this would satisfy the Board on this issue. Public Hearing Closed

Lance and Wendy Manus owning 9.2 acres on Western Turnpike and Wendy Lane SBL#53.00-1-29.111 are seeking final approval for a four lot major subdivision. Public Hearing Opened. Dawn Myer of Wendy Lane expressed concern about water levels as there are deep wells in that area. Mr. Manus explained that at this point there are no buyers for the properties and there have been no water issues in the current houses on Wendy Lane. Public Hearing Closed.

Robert and Michelle Mikus owning property at 6031 Scotchridge Road, SBL#54.00-2-8.21, are applying for a two lot minor subdivision with Lot #1 being 3.6 acres and Lot #2 being 8.85 acres. There were no audience comments or concerns. Board had no questions. Public Hearing Closed.

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. Public Hearing Opened. Bill Hartje adjoining property owner has no problem with the proposal. County cited problems with the proposed pond and site of neighboring well. Hearing Closed.

J. Clark Winslow owning property at 602 North Mansion Road SBL#67.04-1-79 for a lot size adjustment. No one appeared for this matter.

Approval of Minutes

Motion made by Sandra Scott seconded by Fred Siegel to accept the minutes of the February 17, 2005 meeting with one change that clarified the correct parcel size of the Mikus lot as 3.6 acres rather than 8.21 acres. Roll Call Vote: Sandra Scott-yes, Fred Siegel-yes, Laura Silva-yes, Mark DeLeva-yes, Walt Miller-yes

Public Hearing Votes

Stacey and Gary Bradt owning property at 10103 Western Turnpike SBL# 65.00-1-23 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.

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

Motion made by Fred Siegel seconded by Mark DeLeva to approve Stacey and Gary Bradt's application for a Special Use Permit for a two bay garage wit a small bulk food store and a small scale bakery built into one of the bays contingent upon approval of the septic system by the Schenectady County Health Department. Roll Call Vote; Fred Siegel-yes, Mark DeLeva-yes, Sandra Scott-yes, Walt Miller-yes, Laura Silva-yes 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.

Concerns yet to be addressed include: an updated SWPPS plan including water quality and quantity, letter from the Army Corp regarding wetlands, test well data and a stream crossing permit, and the location of the septic plan on Lot #16.

Motion made by Sandra Scott seconded by Laura Silva to continue the Public Hearing. Roll Call Vote; Sandra Scott-yes, Laura Silva-yes, Walt Miller-yes, Fred Siegel-yes, Mark DeLeva-yes

Community Apothecary Inc. is applying for a Special Use Permit for a proposed retail pharmacy to be located at 5083 Western Turnpike in existing commercial space.

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

Motion made by Laura Silva seconded by Fred Siegel to approve the Application by Community Apothecary Inc. for a Special Use Permit for a retail pharmacy to by located at 5083 Western Turnpike contingent upon receiving Schenectady County Department of Health approval regarding the adequacy of the septic system. Roll Call Vote: Laura Silva-yes, Fred Siegel-yes, Mark DeLeva-yes, Walt Miller-yes, and Sandra Scott-yes

Arthur and Elizabeth Cribbs owning property at 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

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

Motion made by Laura Silva seconded by Mark DeLeva to approve the application of Arthur and Elizabeth Cribbs for a two-lot minor subdivision contingent upon an approved curb cut by the Schenectady County Department of Transportation, and Ag Disclosure as well as Ag and Markets information pursuant to Section 305-a. Roll Call Vote: Laura Silva-yes, Mark DeLeva-yes, Sandra Scott-yes, Walt Miller-yes, and Fred Siegel-yes

Lance and Wendy Manus owning 9.2 acres on Western Turnpike and Wendy Lane SBL#53.00-1-29.111 are seeking final approval for a four lot major subdivision.

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

Motion made by Sandra Scott and seconded by Fred Siegel to approve the application by Lance and Wendy Manus for a four lot major subdivision on Wendy Lane. Roll Call Vote: Sandra Scott-yes, Fred Siegel-yes, Laura Silva-yes, Mark DeLeva-yes, and Walt Miller-yes

Robert and Michelle Mikus owning property at 6031 Scotchridge Road, SBL#54.00-2-8.21, are applying for a two lot minor subdivision with Lot #1 being 3.6 acres and Lot #2 being 8.85 acres.

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

Motion made by Fred Siegel seconded by Walt Miller to approve the application of Robert and Michelle Mikus owning property at 6031 Scotchridge Road, SBL#54.00-2-8.21, for a two lot minor subdivision with Lot #1 being 3.6 acres and Lot #2 being 8.85 acres. Roll Call Vote: Fred Siegel-yes, Walt Miller-yes, Mark DeLeva-yes, Sandra Scott-yes, and Laura Silva-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.

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

Motion made by Fred Siegel seconded by Sandra Scott to approve the application by James Palutti for a Special Use Permit to construct a two family residence at 2180 Mariaville Scotch Church Road SBL# 18.00-2-11.13 contingent upon Schenectady County Health Department approval of the septic design and submission of a final plat which includes the location of neighboring wells and removal of the proposed pond.

No other agenda items are scheduled

Motion made by Laura Silva seconded by Fred Siegel to adjourn. Meeting adjourned at 9:20pm.

Minutes submitted by Kathy Jo Gallo, Secretary