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Town of Duanesburg Planning Board Meeting

Thursday, November 6, 2003

Members Present: Laura Silva, Chairperson, Fred Siegel, Mike DeLeva, Bill Ruther, Larry Breckenridge and

Walt Miller, Secretary

Meeting Called to Order 7:30 PM

PUBLIC HEARINGS:

1. Harold Bruhns of 4531 Duanesburg Churches Rd., SBL #33.00-2-8.11 seeking approval for a minor subdivision. Attorney Gerald Dwyer representing Mr. Bruhns explained to the audience that a 2.5 acre parcel with the "clubhouse" would be subdivided from the original parcel. The land with the clubhouse is being sold to a couple that will turn it into a house. The balance of the property has not been determined as to its use. Public hearing closed on Harold Bruhns.

2. Maryann Elliott & James Murphy, seeking the approval for a Special Use Permit to allow construction of a single-family residence in C-1 zone, SBL #64.00-1-12.4. The project was explained to the audience and one person asked to see the location of the house (behind the Brookside Restaurant on Rt. 30). No other inquires from the audience. Public Hearing closed on M. Elliott & J. Murphy’s application.

3. Omar & Gail Kabir of 11252 Duanesburg Rd., SBL #75.00-2-12.12 is seeking the approval for a minor subdivision. Todd Esterbrook representing the Kabirs, explained to the audience the proposed minor subdivision. There were no questions from the audience. Public hearing closed for the Kabir application.

4. Charles Parker, Sr. of Esperance Station Rd., SBL # 74.00-2-21.31 is seeking the approval for a minor subdivision. Ron Shepard was representing Charles Parker with this application and explained to the audience that he was purchasing the 14+- acres to be combined eventually with his present three (3) acre parcel. There were no comments from the audience. Public hearing closed for the Parker application.

5. J. Eric & Cecilia Tkaczyk of 154 Barton Hill Rd., SBL #81.00-2-9.12, seeking the approval for a Special Use Permit for the purpose of constructing an addition for aging parents. The Tkaczyks explained their project to the audience. There will be an upgrade on the septic system from a 1,000- gallon present tank to a 1500 gal. system, which has to be approved by Schenectady County Health Dept. There were no comments from the audience. Public hearing closed for the Tkaczyk application.

6. Phillip & Cheryl Lennox of Knight Rd. A discussion of a "turn around" per County Planning Referral (Public Hearing was held in October 03). Duanesburg Highway Dept. stated that Knight Rd. goes to the end of the property and that there is a "turn around" for snow plowing. County Planning has to approve.

REGULAR MEETING:

The minutes of the Sept. 4, 2003 Planning Board meeting were reviewed. A motion was made by Fred Siegel and seconded by Mark DeLeva to approve the minutes of Sept. 4, 2003 Planning Board meeting. Roll Call Vote: Fred Siegel-yes, Mark DeLeva-yes, Laura Silva-yes and Walt Miller-yes.

NEW BUSINESS:

1. Margaret Cooper owning property at 5375 and 5355 Western Turnpike (Rt. 20), zoned Hamlet is

applying for a minor subdivision dividing two (2) houses (into their own lots) from a 36.11-acre parcel. After reviewing the application, a motion was made by Bill Ruther and seconded by Mark DeLeva to set up a public hearing for this application on December 4, 2003 at 7:30 PM. Roll Call Vote: Bill Ruther-yes, Mark Deleva-yes, Fred Siegel-yes, Laura Silva-yes, Larry Breckenridge-yes and Walt Miller-yes.

2. Estate of Hella Seuling c/o Rita DeCocco- property located at 3328 Duanesburg Rd. (Rt. 7), SBL

#80.00-1-11.11, zoned R-2, are applying for a major subdivision of five (5) lots between Rt. 7 and I-88 (Lot #1-7.466 acres, Lot #2-7.466 acres, Lot #3-7.466 acres, Lot #4 5.771 acres and Lot #5-2.30 acres.) Rita DeCocco represented the application. After reviewing the application, the planning board recommended that the Agriculture Disclosure be placed on the plat plan. A motion was made by Laura Silva and seconded by Fred Siegel to set up a public hearing for December 4, 2003 at 7:30 PM for the application of the Estate of Hella Seuling/c/o Rita DeCocco. Roll Call Vote: Laura Silva-yes, Fred Siegel-yes, Larry Breckenridge-yes, Mark DeLeva-yes, Bill Ruther-yes and Walt Miller-yes. The Agriculture Disclosure is needed on the plat plan.

3. Taj Fest 2004-Jim Maxwell: Applying for a Special Use Permit for the purpose of having a music festival at the Indian Lookout Country club for July 16th thru18th, 2004. Mr. Jim Maxwell, Producer/member of Taj Fest, LLC presented the application for the event. A summary report was presented to each member of the planning board, which included an overview of the music festival, site plan, EAF, traffic performance schedules, sound and ticket sales. After reviewing the application, the planning board recommended that a diagram of the traffic patterns and a more detailed narration be presented who and how the monitoring of the sound will be conducted, porta potty locations on the entry streets and highways to alleviate attendees from inappropriate behavior of past, a designed program for maintaining "open driveway" use for year round residents to and from their property and other pertinent issues that might be addressed. A motion was made by Fred Siegel and seconded by Larry Breckenridge to set up a public hearing on December 4, 2003 at 7:30 PM for the application of Taj Fest 2004/Jim Maxwell provided the above recommendations be addressed as stated. Roll Call Vote: Fred Siegel-yes, Larry Breakenridge-yes, Laura Silva-yes, Mark DeLeva-yes, Bill Ruther-yes and Walt Miller-yes.

4. Terrapin Presents Gathering of the Vibes: Special Use Permit for the purpose of a music, arts and

camping festival for July 1-5, 04 at the Indian Lookout Country Club. After reviewing the application, the

planning board recommended that a more detailed visual be addressed on the traffic pattern to the concert area and that the noise be addressed more thoroughly as to how and who will monitor the sound. A motion was made by Fred Siegel and seconded by Larry Breakenridge to set up a public hearing on December 4, 2003 at 7:30 PM for the application of Terrapin Presents Gathering of the Vibes Festival, July 1-5,04 provided that the recommendations be completed. Roll Call Vote: Fred Siegel-yes, Larry Breakenridge-yes, Laura Silva-yes, Mark DeLeva-yes, Bill Ruther-yes and Walt Miller-yes.

OLD BUSINESS:

1. Robert C. Schleier, Edward J. Schleier & Georgina A. Costello of 312 Salsburg Rd., and 292 Salsburg Rd., SBL #81.00-3-15 returning for further review of a minor subdivision. Attended the zoning board meeting on Oct. 21, 03 for a zoning variance. The party’s involved want to subdivide a 74+- acre parcel with 2 (two) residences on it into 2 (two) parcels; a 20 acres parcel with house & garage and a 44 +- acre parcel with a residence. After reviewing the application, the planning board recommended that a septic disclosure be placed on the plat plan; indicate where the present well and septic systems are located and label the lots #1 & #2. A motion was made by Bill Ruther and seconded by Fred Siegel to set up a public hearing on December 4, 2003 at 7:30 PM for the Schleier and Costello application, provided the recommendations are completed by Nov. 14, 2003. Roll Call Vote: Bill Ruther-yes, Fred Siegel-yes, Mark DeLeva-yes, Laura Silva-yes, Larry Breakenridge-yes and Walt Miller-yes.

OTHER:

1. Paul DiCocco is being represented by Bret L. Steenburgh, LLC for sketch plan review of a 21 lot major subdivision on Rte. 395 outside of the Village limits. After reviewing the project, the planning board addressed issues of the closeness to the Village of Delanson’s Reservoir, tree line buffer 30’-40’ wide along Rte. 395 to hide the houses, check to see about the possibility of a pipe that runs thru the property to the treatment plant plus other pertinent information. Mr. Steenburgh will bring these issues to the proposed developer Paul Dicocco.

1. Harold Bruhns of 4531 Duanesburg Churches rd., SBL #33.00-2-8.11, seeking the approval for a minor subdivision. After reviewing the application, Bill Ruther made a motion and was seconded by Laura Silva to declare a negative impact on the Short Form EAF. Roll Call Vote: Bill Ruther-yes, Laura Silva-yes, Mark DeLeva-yes, Fred Siegel-yes, Larry Breakenridge-yes and Walt Miller-yes. A motion was then made by Laura Silva and seconded by Bill Ruther to approve the application for Harold Bruhns for a 2.5-acre subdivision with clubhouse to be converted to a residential home. Roll Call Vote: Laura Silva-yes, Bill Ruther-yes, Mark DeLeva-yes, Fred Siegel-yes, Larry Breakenridge-yes and Walt Miller-yes.

2. Mary Ann Elliott & James Murphy are seeking the approval for a special use permit to allow construction of a single-family residence in a C-1 zone, SBL #64.00-1-12.4. After reviewing the application, a motion was made by Fred Siegel and seconded by Bill Ruther to declare a negative impact on the Short Form EAF. Roll Call Vote: Fred Siegel-yes, Bill Ruther-yes, Mark DeLeva-yes, Laura Silva-yes, Larry Breakenridge-yes and Walt Miller-yes. A motion was then made by Fred Siegel and seconded by Laura Silva to approve the application of MaryAnn Elliott and James Murphy for a special use permit to allow construction of a single family residence in a C-1 zone, SBL #64.00-1-12.4. Roll Call Vote: Fred Siegel-yes, Laura Silva-yes, Bill Ruther-yes, Mark DeLeva-yes, Larry Breakenridge-yes and Walt Miller-yes.

3. Omar & Gail Kabir of 11252 Duanesburg Rd., SBL #75.00-2-12.12 is seeking the approval for a minor subdivision. After reviewing the application, a motion was made by Bill Ruther and seconded by Fred Siegel to declare a negative impact on the Short Form EAF. Roll Call Vote: Bill Ruther-yes, Fred Siegel-yes, Mark DeLeva-yes, Laura Silva-yes, Larry Breakenridge-yes and Walt Miller-yes. A motion was then made by Bill Ruther and seconded by Fred Siegel to approve the application for a minor subdivision of 1 (one) lot with house & barns, 4.17 acres and the balance of lot #2 of 30.22 acres for Omar & Gail Kabir of 11252 Duanesburg Rd., SBL #75.00-2-12.12. Roll Call Vote: Bill Ruther-yes, Fred Siegel-yes, Mark DeLeva-yes, Laura Silva-yes, Larry Breakenridge-yes and Walt Miller-yes contingent upon placing theAgricultural Disclosure on the plat plan.

4. Charles Parker, Sr. of 483 Esperance Station Rd., SBL #74.00-2-21.31 is seeking the approval for a minor subdivision. After reviewing the application, a motion was made by Fred Siegel and seconded by Bill Ruther to declare a negative impact on the Short Form EAF. Roll Call Vote: Fred Siegel-yes, Bill Ruther-yes, Mark DeLeva-yes, Laura Silva-yes, Larry Breakenridge-yes and Walt Miller-yes. A motion was then made by Fred Siegel and seconded by Larry Breakenridge to approve the application of Charles Parker, Sr. of 483 Esperance Station Rd., SBL #74.00-2-21.31 for a minor subdivision of 14+ acres for a land sale to Ronald J. & Laura Shepard of 536 Esperance Station Rd. Roll Call Vote: Fred Siegel-yes, Larry Breakenridge-yes, Laura Silva-yes, Mark DeLeva-yes, Bill Ruther-yes and Walt Miller-yes, contingent upon locating the septic, well and houses and Agricultural Disclosure on the plat plan.

5. J. Eric & Cecilia Tkaczyk of 154 Barton Hill Rd., SBL #81.00-2-9.12 is seeking the approval for a special use permit for the purpose of constructing an addition for their aging parents. After reviewing the application, a motion was made by Laura Silva and seconded by Fred Siegel to declare a negative impact on the short Form EAF. Roll Call Vote: Laura Silva-yes, Fred Siegel-yes, Mark DeLeva-yes, Bill Ruther-yes, Larry Breakenridge-yes and Walt Miller-yes. A motion was then made by Laura Silva and seconded by Fred Siegel to approve the application for a special use permit for the purpose of constructing an addition to their house for their aging parents contingent upon Schenectady County Health Dept. approval of the septic system that will be enlarged for J. Eric & Cecilia Tkaczyk of 154 Barton Hill Rd., SBL #81.00-2-9.12 in the town of Duanesburg. Roll Call Vote: Laura Silva-yes, Fred Siegel-yes, Mark DeLeva-yes, Bill Ruther-yes, Larry Breakenridge-yes and Walt Miller-yes.

6. Phillip & Cheryl Lennox of Knight Rd.; Discussion of "turnaround" per County Planning. Approval. There is enough room; the Town Road goes to the end and there is enough "turnaround" room per Town Highway Dept.

OTHER:

Frank Cross, resident has questions pertaining to the Casso Special Use Permit approval. No show.

1. There was some discussion on the Mott Rd. Cell Tower ref: insurance

2. Bill Ruther will chair for December 03 & January 04. Laura will be out on maternity leave.

3. A motion was made by Mark DeLeva to adjourn the meeting and was seconded by Laura Silva. Roll Call Vote: Mark DeLeva-yes, Laura Silva-yes, Bill Ruther-yes, Fred Siegel-yes, Larry Breakenridge-yes & Walt Miller-yes.

Meeting Adjourned at 9:45 PM

Submitted by Walt Miller, Secretary

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