Town of Charlton
Planning Board Minutes
And Public Hearing Minutes
784 Charlton Road
Charlton, New York 12019
Minutes of Planning Board Meeting – April 21, 2008
Chairman Ray Black called the meeting to order at 7:00 p.m. at the John W. Taylor Hall.
Present: Ray Black, Chairman, Jay Wilkinson, Constance Wood, John Kadlecek, Mark Hodgkins, Dawn Szurek, Chris Mitchell, Bill Keniry, Esq., Planning Board Attorney, Susan York, Planning Board clerk and Kimberly Caron, Recording Secretary.
AGENDA MEETING:
Mr. Black stated that there is a quorum.
Minutes
Mr. Black asked for comments on the draft of the March meeting minutes. Mrs. York previously provided comments via mail. No other comments were presented.
Mrs. Wood stated that she had an addition to the Agenda. Mrs. Wood stated that Mr. Acunto had approached her that he would like the Planning Board to instruct the surveyor of the Charlton School as to exactly what the Board would like in the preliminary site plan.
Mr. Black stated that he has not received a formal application. Mr. Black suggested having them schedule a pre-application conference.
Mrs. Wood stated that Mr. Acunto is looking for guidance regarding the limitations of the Planning Board. Mrs. Wood stated that they are trying to save the school some money.
Mr. Black again suggested having them schedule a pre-application conference with the appropriate affidavits to speak for the school and also suggested that some of the School Board members come before the Planning Board.
Mrs. Wood will contact Mr. Acunto and advise him to schedule a pre-application conference before the survey is completed.
Public Hearings
Mr. Black stated that there are three Public Hearings.
Jones (224-1-1)
Mr. Black stated that there is a Public Hearing on this matter that would be held at 7:45 p.m.
Mr. Black stated that it is not normal for work to be done on the site without Board permission. Mr. Black stated that there is active work going on without the permission of the Board. Mr. Black stated that the Board would suggest to the applicants to get Board permission before proceeding any further.
Mrs. Wood stated that she has spoken to Mark Miglieore from the Warrensburg DEC regarding the vly. Mrs. Wood stated that he is not the one who completed the wetlands delineation. Mrs. Wood stated that Mr. Miglieore stated that they are noting an increase in the water table level in the County. Mrs. Wood stated that Mr. Miglieore thinks that since this is so close to the vly it is going to be very prone to having that happen. Mrs. Wood stated that Mr. Miglieori stated that it is considered a wetland, which requires the 100-foot setback. Mrs. Wood stated that Mr. Miglieori said that vlies do rise and shrink and he suggested that enough space be reserved to have a back up septic system. Mrs. Wood stated that Mr. Miglieori also suggested an extended buffer area.
Mr. Black stated that the two suggestions from the DEC were two sites for septic and an additional buffer for the wetlands.
Kilichowski/Metz (237-1-1.1)
Mr. Black stated that there would be a Public Hearing on this matter held at 8:00 p.m.
Mr. Black stated that he is not aware of any potential issues.
Mrs. York stated that the applicants still owe their engineering escrow.
Mr. Keniry stated that the Affidavit from the Gazette is missing but he attests to putting the notice in the Gazette himself.
Mr. Black stated that perc test data was needed. Mr. Black stated that the engineering review has been completed. Mr. Black stated that Mr. McNamara indicated that the available information does not indicate that there is going to be an issue. Mr. Black stated that there is plenty of room for a built up system or otherwise. Mr. Black stated that the septic note is sufficient for this.
Aabo (247-1-24.11)
Mr. Black stated that there would be a Public Hearing on this matter held at 8:15 p.m.
Mr. Black stated that perc test information was requested at the last meeting and has been added to the drawing. Mr. Black stated that engineering comments stated that a built up system will be necessary. Mr. Black stated that the Right to Farm note has also been added to the drawing.
Mrs. York stated that there are new drawings but only two copies were provided. Mrs. York stated that Mr. Black has one copy and that she has the other copy.
Heflin/Durst (255-1-40.1, 41, 43.1, 43.2, 43.3)
Mr. Black stated that this is a placeholder as this matter is on hold.
Lot Line Change
Flynn/Hayes (237-1-49.21 & 237-1-50)
Mr. Black stated that the Board is waiting on revised drawings.
Katz/Murphy (247-1-30.11 and 247-1-30.12)
Mr. Black stated that this is a straight-forward lot line change. Mr. Black stated that it is the recognizing of natural boundaries and expanding the size of the rear yard.
Ms. Szurek inquired if there were wetlands.
Mr. Black stated yes, east of the property.
Ms. Szurek inquired if the Board could ask for clarification of the location.
Mr. Black stated yes.
ZBA Referral
MPH Properties, LLP (256-1-103)
Mr. Black stated that this application was assigned by the Town Board to the ZBA for review. Mr. Black stated that the ZBA has designated the site plan review and the SEQRA review to the Planning Board. Mr. Black stated that the ZBA has lead agency because it is a special use. Mr. Black stated that the Pubic Hearing will be scheduled for the May ZBA meeting on May 13, 2008 at 7:30 p.m. Mr. Black stated that the Planning Board will attend the Public Hearing.
Mr. Keniry stated that the intent of the Public Hearing is for the project consultant to introduce the Planning Board to the project. Mr. Keniry stated that the intent is for a joint Public Hearing at the May meeting and the expectation is at the close of the Public Hearing, the Planning Board may have additional questions.
Mr. Kadlecek inquired as to when the Planning Board deliberates.
Mr. Black stated that the Planning Board will discuss the application at the normal May meeting.
Mr. Kadlecek inquired as to the time clock.
Mr. Keniry stated that there is a commercial use time table. Mr. Keniry stated that in the Zoning Ordinance, page 55, it details the Special Exception permits. Mr. Keniry stated that the Planning Board has 45 days to act after the Public Hearing.
Mrs. Wood inquired if this was the same property that was subdivided five or six years ago into two lots.
Mr. Keniry stated that he was not sure.
Mr. Black stated that the Board could ask the applicant.
Mr. Black inquired if the Planning Board completes the SEQRA review and the site plan review before or after acceptance.
Mr. Keniry stated that the ZBA acts last. Mr. Keniry stated that the application should be forwarded to the County Planning Board immediately.
Schermerhorn
Mr. Black stated that he would like to add this matter under correspondence.
Mr. Black stated that Mr. Schermerhorn is looking for Planning Board opinion on a subdivision that was already granted.
Mr. Black stated that the Board has copies of the drawing to review. Mr. Black stated that during the subdivision process, the Board asked for an extension of a 10-15 feet setback to the well house. Mr. Black stated that the setback was extended and the Board approved a drawing showing that. Mr. Black stated that it turns out that the driveway was actually built and goes on top of the land. Mr. Black stated that Mr. Schermerhorn is in the process of seeking an easement for the property for him to use the land for the driveway and the other owners to use his driveway for access to the well house. Mr. Black stated that the question is should the Board re-approve the change to the drawing and issue an amendment to the approval. Mr. Black stated that his opinion is that the Board did not approve the location
of the driveway. Mr. Black stated that there was no driveway on the drawing that the Board approved nor was there discussion at that point in time. Mr. Black stated that the driveway’s location is purely an applicant driven thing. Mr. Black stated that the Board would never approve a driveway over the top of someone else’s property. Mr. Black stated that his position would be to move the driveway and make it legal. Mr. Black stated that if it does not need to come to the Board, an easement could be sought without coming to the Planning Board. Then the Board knows nothing about it and the applicant is free to seek the easement, but will not get Planning Board approval.
Mr. LaFountain stated that was done because the well setback is ten feet from the property.
Reports
Mr. Black stated that there would be standard reports.
The meeting was closed at 7:30 p.m.
BUSINESS MEETING
Opened at 7:31 p.m. with the Pledge of Allegiance.
Minutes
Mrs. Wood made the motion to approve the draft of the March 17, 2008 minutes with changes incorporated. Ms. Szurek seconded the motion. All were in favor. Mr. Black abstained from the vote. Mr. Kadlecek abstained from the vote.
PUBLIC HEARING
Mr. Black stated that, as it was not time for the first Hearing that the Board would discuss other agenda items.
Schermerhorn
Mr. Black inquired that in seeking an easement, does it involve the Planning Board.
Mr. Keniry responded no. Mr. Keniry stated that he questions the distance required between a driveway and a well.
Mr. LaFountain responded none.
Mr. Keniry stated that the drawing shows 5 feet to the easement and assumes the applicant has satisfied the 10 feet to the boundary line.
Mr. Black responded yes in all directions.
Mr. Mitchell stated that it seems that there is plenty of space to move the driveway if they need to.
Mr. LaFountain reviewed the drawings.
Mr. Black read the letter from Mr. Schermerhorn to the Planning Board. Mr. Black stated that Mr. Schermerhorn is under the assumption that the Planning Board needs to sign off.
Mr. Schermerhorn stated that he does not know if the County will accept an unsigned subdivision.
Mr. Black stated that an easement is a private contract between two people. Mr. Black stated that this is not a subdivision or a modification to a subdivision. Mr. Black stated that if the parties choose to enter into a contract in the form of an easement that is ok with the Planning Board.
The Board had discussions.
Mr. Black stated that the Planning Board will not see this matter.
Mr. Schermerhorn asked for a letter stating that.
Mr. Black stated that the minutes will reflect the Board’s decision.
Mr. LaFountain expressed concern that the well could become contaminated.
Mr. Schermerhorn replied that the well in question is used for gardening and that a second well supplies water to the house.
Public Hearing (7:45 p.m.)
Mr. Black explained the Public Hearing process to the attendees.
Mr. Black acknowledged the notice published in the Daily Gazette.
Jones (224-1-1)
Mr. Black asked if there were any attendees present for this Public Hearing. Mr. Black received no response.
Mr. Black stated that there is no need to describe the plan, as there is no audience for this Hearing.
Mr. Wilkinson stated that the engineering comments asked for the driveway to be placed to the north side.
Mr. Black stated that the Board could discuss that during deliberations.
Mr. Black stated that the application went to the County Planning Board for review. Mr. Black stated that their decision was that there is no significant county wide or inter community impact.
Mr. Black stated that the engineering comments were done by letter on April 16, 2008. A copy of the letter is annexed hereto as Attachment 1. Mr. Black stated that the letter requested the application be forwarded to the County, which has been done. Mr. Black stated that the letter acknowledges the wetlands flagging and the survey has been amended to the flagged area. Mr. Black stated that the perc test pit results require a built up septic system. Mr. Black stated that the last comment in the letter pertains to a potential site distance issue with the driveway and suggests moving the driveway to the north.
Mr. Black made a motion to close the Public Hearing at 7:50 p.m. Mr. Hodgkins seconded the motion. All were in favor.
Jones Deliberations
Mr. Black stated that he agrees with Mr. McNamara’s suggestion of moving the driveway to the northern edge of the property.
Mr. Jones stated that it is already there.
Mr. Black asked Mr. Jones to have that shown on the drawing with the notation that “the specific driveway location has been approved by the Planning Board”.
Mr. Jones stated that would be done.
Mr. LaFountain requested that the dimensions from the property line also be added.
Mr. Black stated that a curb cut permit will be needed as noted on the drawing.
Mr. LaFountain stated that once the applicant has met with the Highway Superintendent at the site, the dimensions could be added to the drawing.
Mr. Black stated that it would be best to add to the curb cut note “for subdivision considerations the Planning Board concurs the driveway will be within 50 feet of the northern boundary line”.
Mrs. Wood stated that she has spoken to Mark Miglieore from DEC and he had two suggestions. Mrs. Wood stated that the first suggestion was to extend the wetlands buffer as the concerns with the water table increase in Saratoga County. Mrs. Wood stated that there would be no objection to the additional area being lawn. Mrs. Wood stated that the second suggestion was to make certain that there is additional space adequate for a septic system if there was a need to abandon the first one put in.
Mr. Jones inquired if it would be ok to put a second septic system in between the house and the road.
Mrs. Wood stated that Mr. LaFountain says yes if the engineer says yes.
Mr. Black stated that in looking at the drawing, if you exclude the 100 foot buffer and exclude the setback of 45 feet to the sideyard and 60 foot front yard, it would be roughly ½ of the property. Mr. Black stated that the remaining 4 ½ acres of land would be plenty of room to locate the second septic system.
Mr. Black stated that the additional buffer to the wetlands is a good idea because someday it may rise slightly. Mr. Black stated that the buffer is not to restrict the yard use but to restrict building.
Mr. Jones stated that if anything were to happen, it would likely be the removal of the beaver dam and the elevation of the water would drop.
Mr. Schorr stated that the beaver dam changes the elevation of the water.
Mrs. Wood stated that with the applicant’s agreement, they could extend the buffer another 25 feet.
Mr. Jones inquired if the extra 25 feet extension would slow down the process.
Mr. Mitchell stated that it is just a line on the map to agree to.
Mr. Black asked the Board to look at the elevation line. Mr. Black stated that the water level would have to rise at least 3 feet to come to where the buffer is indicated on the southern edge of the property. Mr. Black stated that the 100-foot buffer seems adequate. Mr. Black stated that he feels that the water will find its way out.
The Board adjourned discussions for the next Public Hearing.
PUBLIC HEARING (8:00 p.m.)
Mr. Black acknowledged the notice published in the Daily Gazette.
Kilichowski/Metz (237-1-1.1)
Mr. Black reviewed the Public Hearing process.
Mr. Kilichowski presented the following plan:
-20 acre parcel;
-proposed house location was shown;
-location is 1125 Peaceable Street;
-driveway will be located across from the Landis property; and
-dry open field in the back.
Linda Ziegler, 1183 Peaceable Street: How many homes are we talking about? And it’s probably very wet.
Mr. Kilichowski stated that Mrs. Ziegler was talking about the wrong side of the property and there is going to be one home. Mr. Kilichowski showed on the drawing where the land was wet. Mr. Kilichowski stated that the southern side was not wet. Mr. Kilichowski stated that the northern side was wet.
Linda Ziegler: Is it dry in the back?
Mr. Kilichowski showed where there was a beaver pond.
Mrs. Kilichowski stated that the plan is for one home on 270 feet of frontage and 1980 feet to the back of the property.
Linda Ziegler: So if I’m understanding this right, this minor subdivision is actually one single home?
Mr. Kilichowski responded yes on 20 acres.
Robert Segura, 1162 Peaceable Street: I’m just curious, exactly what is triggering the requirement of a subdivision process. Is it the lack of frontage to meet the current zoning?
Mr. Black responded no, it is taking one piece of property and creating two pieces of property.
Robert Segura: So everything else meets the requirements to build on for a property in Charlton with this subdivision.
Mr. Black stated that is what the Board is attempting to determine.
Robert Segura: The only reason he is doing it is for two separate pieces of land, they both meet the full building requirements, its purely a split nothing of doing a code variance, its just separating property.
Mr. Black stated correct, that is the proposal.
Joe Ziegler, 1183 Peaceable Street: When he’s finished will he be able to subdivide in the future or is this it, one driveway?
Mr. Black stated that there is one new lot being created at this point in time. Mr. Black stated that any time there is more than two acres and 200 feet, every individual building lot in the Town of Charlton requires two acres and 200 feet. Mr. Black stated that Mr. Kilichowski could decide in the future to take another 200 feet and another two acres or more and create a third lot. Mr. Black stated that at this point, the desire is to create 1 additional lot of 20 acres.
Robert Ziegler: So he’s got the 200 feet of frontage on Peaceable?
Mr. Black responded correct.
Linda Ziegler: I think most of my concerns were based on that word subdivision. It sounds like you were talking multiple homes being put in.
Mr. Black stated that was not proposed at this point.
Robert Segura: What is the current frontage?
Mr. Kilichowski responded 278.54 feet.
Robert Segura: If you subdivide that again it still could only be divided, you could only put one house on that.
Mr. Kilichowski responded yes.
Dan Flanagan, 1145 Peaceable Street: My only concern looking at it is the driveway, there is a trail coming right back out the road that kind of comes into our yard right here (showing on drawing) and my only concern is the road, to limit the amount of traffic if it could be done this way because our house like this road continues right into our yard right here. That is my only concern, this is the first I’ve ever seen this, and actually looking at it all this traffic coming right, if there is any way this road could be over here. It’s going to put a lot more traffic coming through our backyard in a way. I know its one house. That’s the only thing looking at it. I do like how you set it (the house) back further.
Mrs. Metz stated that John Gay, the surveyor who created the map, put the house in the back but it is proposed that wherever the well is going to be established, it could be in the front field or the back field. Mrs. Metz stated that at this time it is proposed there but it really is all about where the septic system and the well goes so it could potentially be in the front field.
Dan Flanagan: That would be my next concern because it would bring it closer to my house and the Roberts house it would be more in view of our homes.
Mr. Black questioned the house or the well?
Dan Flanagan: The house. It would bring it more in proximity of our house and the Roberts house. So this isn’t involving developing anything else, this is just on one house.
Linda Ziegler: (Approached the drawing to look at it closer) I think the thing that really got me going was the way it was termed as a subdivision and having come from Clifton Park the idea of a subdivision brought it to mind that they were going to put 20 houses on this street.
Robert Segura: This is a question for the Board because I am not familiar with your processes here. Do we have a plan if all of the available acreage is build out, some kind of rate of roads and how we manage the subdivisions there just, how many do you come to and not after the climbing growth rate organization of how you take into account bigger things as well as neighbors (inaudible) cars travel quite fast on that road, infrastructure growth….
Mr. Black stated that the Town of Charlton has a Zoning Ordinance that legislates and directs land use and requirements for land use in the Town. Mr. Black stated that at this point in time the Town requirements are that every building lot is at least 2 acres in size and has 200 feet of road frontage and then there are requirements of how far the buildings have to be from the property lines and ponds, etc. Mr. Black stated that the Planning Board’s job is to ensure that the laws of the Town of Charlton, the Laws of the State of New York associated with Stormwater and wetlands protection and those types of things are adhered to in the process of planning allowed developments. Mr. Black stated that what is allowed isn’t up to the Board, the Board’s job is to ensure all of what is allowed is adhered to.
Mr. Black stated that at this point the Comprehensive Plan was acted on and adopted and the Town has a Zoning Ordinance review committee looking at the Comprehensive Plan and how the Zoning Ordinance should be changed to accommodate the desires of the Town. Mr. Black stated that at this point in time the Board is acting on the law. Mr. Black stated that his opinion is that if you can build a house on 200 feet and 2 acres, building one house on 278 feet and 20 acres is very much in preservation of open space.
Dan Flanagan: Does the Board have a say in how it is arranged on the subdivision.
Mr. Black responded yes.
Dan Flanagan: We are not thrilled about having a house put right behind us but we have known that it could happen in the future. My only thing is this, wetness, I think it is drier on this side (showing on drawing) because all of the water does kind of go down this side so the water kind of flows into this swampy area here.
Mr. Black stated that what Mr. Flanagan is saying is what the contours of the land show that is a downhill slope in exactly the direction indicated. Mr. Black stated that it also appears that the highest part of the property, according to the contours, is that the current house location is exactly at the highest point of the property. Mr. Black stated that theoretically, it should be the driest.
Dan Flanagan: I am looking at the road, I am not disagreeing that but it’s just the way the road is the wettest.
Mr. Kilichowski stated that they are using the same road that everybody uses, it is not like they are putting a new road in.
Mr. Black inquired if the existing road goes into Mr. Flanagan’s property.
Dan Flanagan: There is an opening in the trees where farm vehicles used to go from our house back into those fields because our house was the old farmhouse so the farm vehicles went from the barn up and down here so there is an opening in the trees.
Mr. Black inquired if the existing driveway shown turns.
Dan Flanagan: No, Ron had that driveway put in to get back there.
Mr. Black inquired if it was there now.
Dan Flanagan: Yes, Ron did that a few years ago so he could get back there.
Marv Schorr: The ECC commented on the prior application that the old location was a very poor location because of the wetlands.
Mr. Black inquired what the old location was.
Marv Schorr: The original application was more towards the wetlands but the ECC’s opinion is that if you were to put it anywhere on the property, the highest point would be the best place to put it, and that is where they have put it. We find that many of the plans being considered for different properties around Town involve wetlands and poor land in general and being able to stick a square peg into a round hole simply because you could do it because the round hole is so big doesn’t make the overall property any better. This is an ideal place to put that house because it meets all of the setback requirements but this is still very poor property to put houses on because of the wetness of it.
Dan Flanagan: What is the next step?
Mr. Black stated that the Board will close the Public Hearing and then deliberate and decide what to do next, up to approval or denial.
Mr. Black made the motion to close the Public Hearing at 8:27 p.m. Mr. Kadlecek seconded the motion. All were in favor.
PUBLIC HEARING (8:30 p.m.)
Mr. Black acknowledged the notice published in the Daily Gazette
Aabo (247-1-24.11)
Mr. Aabo presented the following plan:
-moved into old Sweetman homestead in 1980;
-has various farm animals;
-property held on Sweetman Road would fit the requirements to build;
-taking 11 ½ acres on Sweetman Road, Shadick Road and Charlton Road putting a line in here and leaving the old house as is with 5 ½ acres and a little bit more than 6 acres for the new house;
-there is already an entrance on Charlton Road which will be used as a driveway, which has been approved by the County. The rough driveway was approved by the Planning Board at the March meeting and has been put in already;
-the house will be located about 150 feet from the Mason’s property;
-the well has been drilled;
-septic has been laid out and designed;
-they are building with Don Schermerhorn as clerk of the project;
-a handout has been provided with a sketch of the proposed house.
John Mason, 520 Charlton Road: This proposed house will be directly behind me as would the other subdivision. I am not real thrilled about it. Mr. Aabo discussed plans with me and mentioned a row of pine trees between the two properties which would be a good idea because he will be looking directly into the back of my house and I would be looking directly into the front of his. I guess my comment would be that I would like to put forth that it be a condition of the subdivision.
Mr. Black stated that Mr. Aabo stated that there is about 150 feet from the proposed house location to the property line. Mr. Black inquired how far is it from the property line to the back of Mr. Mason’s house. Black stated that would be roughly 200 feet separation.
John Mason: No it is about 50 feet from the line to the back door of my house. Right now this is a plowed field where he is proposing to build and there is a hedgerow separating this building lot from me. When there are no leaves on the hedgerow, he and I can see each other clear as I can see you right now.
Mrs. Wood inquired if the house would be facing Shadick Road.
Mr. Aabo stated that it would. Mr. Aabo stated that the north part, if you are looking at the map, the house is going to be facing up this way and this is going to be our back yard.
Mrs. Wood stated that it would be Mr. Mason’s backyard and Mr. Aabo’s back yard.
Mr. Aabo stated yes.
Mr. Black asked Mr. Aabo to indicate the extent of the cornfield.
Mr. Aabo showed the Board on the drawing. Mr. Aabo stated that he agreed to do something and has a landscaper coming to see what can be done to separate the yards.
Mr. Black stated that the application was forwarded to the County Planning Board for review and their decision was no significant county wide or inter community impact. Mr. Black stated that the comment from the County was that the applicant should contact the County Highway department for a curb cut permit. Mr. Black stated that engineering review was done. Mr. Black stated that the letter from Mr. McNamara dated April 16, 2008 has some comments. A copy of the letter is annexed hereto as Attachment 2. Mr. Black stated that one of the comments pertained to forwarding the application to the County Planning Board, which has been done. Mr. Black stated that the letter requested that some of the subdivision requirements need to be listed on the drawing, which the Board will discuss with the applicant.
Mr. Black stated that the right to farm note needs to be added to the drawing, which has been done. Mr. Black stated that the letter also stated that the percolation and deep test hole information imply that a built up septic system may be necessary.
Mr. Schorr stated that the ECC did not give written comments pertaining to this application because the Board did not have a meeting in March. Mr. Schorr stated that the ECC has no comments to add. Mr. Schorr stated that the house location is far enough from the wetlands that it will not disturb them.
Mr. LaFountain stated that there should be a dimension from the pond to the new boundary line. Mr. LaFountain stated that there are not any dimensions between the well and the septic and the size of the field dimensions are not shown. Mr. LaFountain stated that there are no setbacks shown to the house.
Mr. Aabo stated that it is a proposed location. Mr. Aabo stated that the well is fixed and the septic is completed. Mr. Aabo stated that on April 1st he received approval for the driveway.
Mrs. Wood made the motion to close the Public Hearing at 8:40 p.m. Ms. Szurek seconded the motion. All were in favor.
ZBA Referral
MPH Properties, LLP (256-1-103)
Mr. Black stated that Scott Lansing from Lansing Engineering would present the plan for this application.
Mr. Lansing stated that the Charlton Family Medicine practice, located north of Stage Road, is looking to relocate and build a new facility. Mr. Lansing presented an aerial photograph of the area.
Mr. Lansing stated that he would like to go through the existing conditions, the proposed conditions and ask the Board to consider this application tonight. Mr. Lansing stated that the existing uses around the parcel are a mixture of vacant lands and single family homes. -the size of the parcel is 4.09 acres
-the vegetation around the parcel is depicted in the aerial photo
-the parcel was formerly used for an agricultural type of use
-the topo on site are a silt loam topography and drainage is downward towards the back
-there is some type of watercourse down off the parcel
-Mr. Lansing showed the Board where the low spot on the parcel was located
-there is also a road side swale that is independent of the drainage on this parcel that conveys drainage from Stage Road and down towards the natural drainage course
-the parcel is zoned residential/agricultural
-applicant owns the existing health care facility on Lake Hill Road and is looking to relocate and expand
-applicant is very sensitive to preserving the character of Charlton
-the plan was developed to fit the applicant’s needs as well as the character of the Town
-proposed use is a medical office, professional office.
Mr. Lansing stated that the master plan for the parcel is to build one building which is Phase I. Mr. Lansing stated that in the future there would be a second building which would be Phase II. Mr. Lansing stated that the two buildings would be approximately 4900 square feet each. Mr. Lansing showed the Board where the primary access would be to each building. Mr. Lansing stated that there would be one curb cut on Stage Road directly across from Old Stage Road that provides the best site distance. Mr. Lansing stated that access around the buildings would be a single curb cut in access all the way around to the parking areas, both for patrons of the medical office and also for emergency vehicles. Mr. Lansing stated that sidewalks are also proposed for pedestrian management. Mr. Lansing stated that
the green space on the parcel is 67% as they did try to cluster things in the middle, thus providing an ample amount of green space around the buildings with a large green band around the outside of the buildings. Mr. Lansing stated that Phase I is at 80% green space. Mr. Lansing stated that the water would be serviced by an individual well which is shown as a proposed location. Mr. Lansing showed where the proposed septic system would be located. Mr. Lansing stated that the septic system would be raised with the capacity to service both buildings. Mr. Lansing stated that Stormwater management would be managed on site.
Mr. Black inquired if the water would be directed to collect there or would the flow be natural.
Mr. Lansing stated that it would be a combination of both over the land and underground. Mr. Lansing stated that the medical practice hours would be 7:30 a.m. to 6:00 p.m. Mr. Lansing stated that signage for the property is being proposed as a small sign out front. Mr. Lansing showed a sketch of the signage. Mr. Lansing stated that vegetation would be in the form of trees planted around the parcel and around the parking area. Mr. Lansing stated that lighting is shown as conceptual locations.
Mr. Black inquired when the lighting would be on.
Mr. Lansing stated during operating hours. Mr. Lansing stated that the master plan for the parcel is two buildings, but at this time the doctors are looking to just proceed with Phase I, which is the one building that meets the needs of the medical practice. Mr. Lansing stated that parking on both phases meets the Towns requirements and the doctor’s requirements.
Mr. Lansing stated that they are looking for the Board’s consideration to refer this to the ZBA and to schedule a joint Public Hearing with the Planning Board and the ZBA.
Mr. Black stated that the Planning Board will not refer this application to the ZBA because this is a special use permit in the Town of Charlton which comes to the Town Board for review which already has occurred. Mr. Black stated that the Town Board has assigned the ZBA to this application. Mr. Black stated that the ZBA has requested that the Planning Board conduct the site plan review portion and the SEQRA review. Mr. Black stated that the Planning Board has no jurisdiction over the actual approved specific use.
Mr. Hodgkins inquired if the buildings would be one or two story.
Mr. Lansing stated one story.
Mr. Black inquired as to the type of medical practice.
Mr. Lansing stated general family medicine.
Mrs. Wood stated that the proposed subdivision years ago was to create two lots.
Mr. Lansing stated that the parcel is one lot now.
Mrs. Wood stated that the Planning Board did approve the subdivision but never approved the joining back together.
Mr. Lansing stated that he would check with the project supervisor to find out the owners of the parcels and if they are one parcel or two.
Mr. Mitchell inquired if they have filed for a subdivision.
Mr. Lansing stated strictly site plan.
Mr. Wilkinson inquired how many square feet of asphalt are they going to put down for parking. Mr. Wilkinson also inquired if there were going to be 100 parking spaces as shown on the drawing.
Mr. Lansing stated that each building would have 50 parking spaces. Mr. Lansing stated that 34% of the parcel would be impervious, 60,000 – 70,000 impervious.
Mr. Black stated that the new MS4 Wastewater Law of the State of New York requires a specific stormwater management plan to allow construction to begin.
Mr. Lansing stated that they are prepared to put that document together.
Mrs. Wood suggested using crushed stone instead of using impervious materials.
Mr. Lansing stated that he would speak to the applicant. Mr. Lansing stated that they will be meeting DEC’s requirements.
Ms. Szurek inquired how far to the Alplaus Creek.
Mr. Lansing stated 250 feet.
Ms. Szurek inquired as to what will happen to the existing medical office.
Mr. Lansing stated that he does not know the future use for the existing facility.
Mr. LaFountain stated that the County Tax Map has this parcel listed as one parcel.
Ms. Szurek inquired if the signage would be lighted.
Mr. Lansing stated that it would be an uplighted sign from the ground up.
Mr. Black stated that the Public Hearing for this application will be on May 13, 2008 at 7:30 p.m. with the ZBA and the Planning Board members present.
The ZBA will forward this application to the County. The Planning Board will send this application to the Highway Superintendent and the Fire Department. Mr. Keniry will give notice of the Public Hearing to all required persons.
Subdivision Applications
Jones Deliberations
Mr. Black reviewed the Public Hearing concerns:
-driveway location added to drawing with a note “existing driveway specifically approved by the Planning Board” and
-considerable area sufficient for more than one septic system.
Mr. LaFountain suggested that if the applicants plan to use the front yard as a back up for the second septic system that house should be moved back some.
Mr. Jones stated that they will put it where it is most appropriate.
Mr. LaFountain stated that if they use the front yard they will need more room than 60 feet.
Mr. Hodgkins inquired if the Board should require a location for the second septic system.
Mr. Black stated that he does not think that is needed.
Mr. LaFountain stated that the septic system will have to be reviewed by the Town Engineer at the applicant’s expense.
Mr. Black stated that this application has been sent to the Town of Galway and the Board has received no response. Mr. Black inquired if Mrs. York gave the Town a time to respond by.
Mrs. York stated that she made the Town of Galway aware of the date and time of the Public Hearing by letter.
Mr. Black stated that there has been adequate time and the Board assumes that they have no comment.
Mr. Black stated that the Board also considered expanding the buffer zone to the wetland. Mr. Black stated that it has been deemed that the water level is higher due to the beaver dam. Mr. Black stated that there is a 10 foot elevation difference and the 100 foot buffer covers that. Mr. Black stated that the 100 foot buffer is adequate.
Mr. Black stated that the Board has a completed application, County action, issues of the Board addressed with the exception of the driveway annotation, fees paid, engineering reviewed and addressed, the Public Hearing and issues raised therein addressed. Mr. Black stated that the Board is in a position to vote.
The Board completed the short form Environmental Assessment Form.
Mr. Black made a motion that the proposed action is an unlisted action under SEQRA with a negative impact declaration relative to environmental impact. Mr. Kadlecek seconded the motion. All were in favor.
Mr. Black made the motion to approve the subdivision as Resolution 2008-05 with the contingency that the driveway location be identified with an annotation that the location is specifically approved by the Planning Board and authorize the chairman to sign the mylars. Mr. Kadlecek seconded the motion. All were in favor.
Resolution 2008-05 was made.
Mrs. York provided the applicants with the filing instructions.
Kilichowski Deliberations
Mr. Black stated that some issues were raised during the Public Hearing:
-wetness of the property
-quantity of subdivisions
-concern with house in the backyard of 2 existing homes
-driveway location.
Mr. Black stated that the application was forwarded to the County and their response was no countywide or intra community impact.
Mr. Black stated that engineering review was completed by letter of April 17, 2008. A copy of the letter is annexed hereto as Attachment 3. Mr. Black stated that the comments from the engineer pertained to having two independent SEQRA forms, which is easy to correct. Mr. Black stated that the second comment pertained to wetlands, which is not an issue. Mr. Black stated that the third comment pertained to the necessity of a built up septic system. Mr. Black stated that this is not an issue as there is enough area for an acceptable septic system.
Mr. Black stated that during the Public Hearing there was concern pertaining to the house and the proximity to the existing homes. Mr. Black stated that if the front of the property is wooded, except for where the driveway goes through it, and that the woodland actually envelopes and covers the rear of Mr. Flanagan’s property, is that correct.
Mr. Kilichowski stated that Mr. Flanagan’s property is right on the road. Mr. Kilichowski stated that the proposed house location is about 1500 feet from his house.
Mr. Black stated that, based on Mrs. Metz’s comments during the Public Hearing, the house may actually go in the first field.
Mr. Kilichowski stated that it would then be 1200 feet from Mr. Flanagan’s house.
Mr. Black inquired if there is currently a woodland buffer.
Mr. Kilichowski responded yes.
Mrs. Metz provided an aerial map of the property.
The Board reviewed the photo.
Mr. Black stated that there does not appear to be an encroachment concern.
Mr. Kadlecek stated that it seemed to be the desire of the neighborhood to leave the house location where it currently is rather than moving the house forward.
The Board reviewed the drawings and discussed the house location issue.
Mrs. Kilichowski gave a background of the property.
Mr. Black polled the Board for their opinion of the house location:
Mr. Mitchell stated that he does not feel there is an encroachment concern.
Mr. Hodgkins stated that he does not feel there is an encroachment concern.
Mr. Wilkinson stated that he does not feel there is an encroachment concern.
Mrs. Wood stated that the preferred location is where it is located on the drawing. Mrs. Wood stated that if the applicants want to move the location there is not much to be done about it.
Mr. Kadlecek stated that he would like to see the house where it is proposed.
Ms. Szurek stated that she would like to see the house where it is proposed.
Mr. Black stated that a proposed location is just that, a proposed location.
The Board agreed not to put a conditional approval on the house location.
Mr. Black stated that at the last meeting the Board requested perc test data. Mr. Black stated that the data has not yet been presented.
Mrs. Metz stated that the perc tests have not been conducted yet, but John Gay will be doing the tests.
Mr. Black stated that the drawing lists soil boring #1 and soil boring #2.
Mr. LaFountain stated that it is just soil information, no perc data has been received.
Mr. Black stated that the Board would suspend action until perc data is received and take final action at the next meeting.
Mr. Kilichowski gave Mrs. York a check for $500.00 to fund his Engineering Escrow.
Aabo Deliberations
Mr. Black stated that the only concern from the Public Hearing was Mr. Mason’s concern on the house and the visual impact. Mr. Black stated that after listening to the discussions, 150 feet between homes that are back to back is normal.
Mr. Aabo stated that it is actually 200 feet between the houses.
Mr. Black stated that if the proposed site remains as is there is no concern. Mr. Black stated that if the house location moves, it could be an issue.
Mr. Aabo stated that the house location would be 150 feet from the property line.
Mr. Black inquired why that was different from the drawing.
Mr. Aabo stated that the drawing is a proposed area.
Mr. Black stated that more than 150 feet, as shown, makes Mr. Mason’s concerns legitimate.
Mr. Kadlecek stated that if Mr. Aabo commits to building the house 150 feet from the boundary line, there is no issue.
Mr. Black asked Mr. Aabo if he would agree to the Board approving the subdivision with the contingency that the house location be 100 feet away from the boundary line with Mr. Mason.
Mr. Aabo stated that he would agree.
Mr. Black stated that the Board would be satisfied with the contingency.
Mr. LaFountain stated that Lot 2 is 6 acres with 188 feet of frontage on Shattuck Road which leaves the potential for another building. Mr. LaFountain inquired if the Board would be placing a contingency on no further subdivisions.
Mr. Black stated that in looking at the drawing, if the applicant decides to further subdivide in the future, there is 300 feet in the back which is adequate room to site a house to avoid an impact.
Mr. Hodgkins inquired if there were any plans to subdivide again.
Mr. Aabo responded no.
Mr. Black stated that the County Planning Board comment was no significant county wide or intra community impact and their comment was to contact the Highway Department for the driveway cut.
Mr. Black stated that engineering review was done and comments were received by letter from Mr. McNamara (Attachment 2).
Mrs. Wood inquired about comment #2 in the letter which refers to including a chart listing the zoning district and area and setback requirements.
Mr. Black asked Mr. Aabo to add the chart to the drawing.
Mr. Aabo stated that would be done.
Mr. Wilkinson requested the dimension from the pond to the new property line also be shown.
Mr. Aabo stated that would be done.
Mr. Black stated that all of the concerns have been addressed. Mr. Black stated that as pertains to Mr. Mason’s comments about putting a house behind a house, the Board feels that there is no impact but is adding a contingency to the approval that the house must be at least 100 feet from the southern boundary line. Mr. Black stated that there are three drawing changes to be completed:
A line showing the 100 foot boundary line labeled building envelope;
The dimensions from the pond to the new property line; and
Adding the zoning district and setback table.
The Board completed the SEQRA review.
Mr. Black made the motion that the proposed action is an unlisted action under SEQRA with a negative impact declaration relative to environmental impact. Mr. Kadlecek seconded the motion. All were in favor.
Mr. Black made the motion to approve the subdivision as Resolution 2008-06 with the contingencies that the 100 foot setback to the Mason property be added to the drawing, the zoning district and the setback regulations table be added to the drawing and the dimensions to the pond be added to the drawing and authorize the chairman to sign the mylars. Mr. Kadlecek seconded the motion. All were in favor.
Resolution 2008-06 was made.
Mrs. York provided a copy of the filing instructions.
Heflin/Durst (255-1-40.1,41,43.1,43.2,43.3)
No one representing this matter appeared.
Mr. Black stated that there has been no action and this is a placeholder.
Lot Line Change
Katz/Murphy (247-1-30.11 and 247-1-30.12)
Mark Katz appeared before the Board. Mr. Katz explained the drawing presented to the Board. Mr. Katz showed where the wetlands were located as well as the location of the horses and the pond.
Mr. Black stated that the application would need to be forwarded to the County because the property is located in the Agricultural district.
Mr. Black made the motion to accept the application as a complete preliminary application. Mr. Mitchell seconded the motion. All were in favor.
Mrs. York will send the application to the County Planning Board.
Mr. Black stated that as this is a lot line change the Board would waive the Public Hearing, engineering review and fees.
Mr. Black made the motion to take lead agency for the purposes of SEQRA. Mr. Mitchell seconded the motion. All were in favor.
Mr. Black stated that the Board would act on this application next month, provided that the County Planning Board has responded.
Flynn/Hayes (237-1-49.21 & 237-1-50)
No one representing this matter appeared.
Mr. Black stated that there has been no action and this is a placeholder.
Zoning Administrator Report
Mr. LaFountain provided the report for March 2008 and reviewed it with the Board.
Correspondence
Mr. Black stated that there is a May 29, 2008 organizational meeting at the County Planning Board. Mrs. York will send a letter that there will be no one present from the Planning Board.
Mr. Black stated that the Capital District Regional Planning Commission conference is being held on May 28, 2008.
Town Board Liaison
Mrs. Verola was not present.
Mr. Hodgkins made the motion to adjourn the meeting. Mrs. Wood seconded the motion. All were in favor.
The meeting was adjourned at 10:50 p.m.
Respectfully Submitted,
Kimberly A. Caron
Recording Secretary
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