Minutes of the Planning Board Meeting and Public Hearing Meeting –October 18, 2004

Chair Raymond Black called the meeting to order at 7:05 p.m. at the John W. Taylor Hall.

Present: Raymond Black, Chair, Constance Wood, Christopher Mitchell, Deborah Herrin, John Tasse and Bill Keniry, Attorney for Planning Board.

The meeting opened with the salute of the flag led by Raymond Black.

Mr. Keniry stated that he felt all proper procedures were followed for the special August 25, 2004, meeting. Unfortunately with Mr. Kadlecek and Mr. Caine not present at this meeting there were not enough members from the August 25, 2004, meeting to approve the minutes from that meeting.

Mrs. Wood moved to approve the September 20, 2004, meeting minutes with minor changes. Mr. Tasse seconded the motion. All were in favor except for Mr. Black who abstained.

SUBDIVISIONS:

Orzolek: Mr. Black stated that he had a preliminary application with the Public Hearing held last month for the Orzolek matter. There were no changes to this application. Mr. Orzolek is sub-dividing property on Division Street into a two-lot subdivision. After further review and some discussion it was decided that the standard notes would need to be added to the map including the right to farm, the wetlands and the septic notes. Mr. Black stated he would be able to provide the standard drawing notes to Dr. Brescia. The spelling of Dr. Brescia needed to be corrected on the map as well as the deed reference needed to be changed from Joseph to Joan Orzolek.

Mr. Tasse moved the Planning Board take lead agency status and be listed as an unlisted SEQRA with a negative declaration relative to environmental impact. Mr. Mitchell seconded. All were in favor.

Mrs. Wood moved to approve the Orzolek subdivision with comments noted above with the authorization for the chair to sign the approved mylar. Mr. Tasse seconded. All were in favor.

Resolution 2004-11 was made.

PUBLIC HEARING

The Public Hearing for the Schermerhorn matter was postponed until the November 15,2004, meeting. The notice was not published and therefore it would not be a legal meeting. Mr. Schermerhorn was notified of the postponement and was in agreement with it.

RESUME PLANNING BOARD MEETING:

LOT LINE CHANGES:

Rainey: Mrs. Rainey came before the Board for a lot line change for property on Jockey Street. She would like to retain approximately 5 acres and sell the back 3.96 acres to her neighbors, Mr. and Mrs. Frenz. Mr. and Mrs. Frenz’s property border her land. Mrs. Wood asked if it would be all one deed for the Frenz’s land. Mr. Frenz replied that they would like to add the 3.96 acres to their deed. They presently have two deeds for their two other lots that they subdivided in 1976. The one parcel has a 24’ ROW making it not land locked. There was some discussion as to the type of land, i.e. wetland, wooded etc. There was no further discussion.

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Mr. Tasse moved that the Planning Board take lead agency status. Mr. Mitchell seconded. All were in favor.

Mr. Black discussed the possibility of a Public Hearing, but since it was a lot line change it would not be necessary.

Mrs. Herrin moved the Planning Board declare the lot line adjustment of Dorothy W. Rainey be listed as an unlisted SEQRA with a negative declaration relative to environmental impact. Mr. Tasse seconded. All were in favor.

It was decided that this application needed to go to the County Planning Board for their review.

Mr. Tasse moved to approve the Rainey lot line adjustment on the condition that the application receive approval from the County Planning Board and also authorize Chair Black to sign the approved mylar. Mrs. Wood seconded. All were in favor.

Resolution 2004-012 was made.

Ball: Mr. Black passed out paperwork he had received for David and Lisa Ball (Mr. Richardson’s daughter and son-in-law) for a lot line change. The paperwork was submitted too late to be heard this month. On a quick review, Mr. Richardson had sub-divided his large parcel of land and created a piece for the Balls. Mr. and Mrs. Ball are going to move into the main house on the main property and would like to sell their old house. They would like to keep that portion of the property with the main parcel (return some of the land to the main parcel). The new owner of the Ball’s old house is in agreement with this change. The frontage going back to the large parcel is 191’ it is okay that it is not 200’ since it is being re-absorbed into a larger lot. It will be heard next month.

ZONING ADMINISTRATOR:

Mr. Black stated he had the September 30, 2004, report from the Zoning Administrator.

ZONING BOARD OF APPEALS:

Mr. Black told the Board they needed to act tonight regarding the height of a fence for property at the intersection of Crooked Street and Stage Road that would be before the Zoning Board of Appeals on November 7, 2004.

At this point of the meeting, Mr. Black asked the students in the audience if they had any questions. There were many students from a Participation in Government class in attendance. He also explained the role of the Planning Board to the students.

Mr. Black resumed the discussion regarding the fence application before the ZBA. Mr. Black stated he drove by the lot and the fence position had been staked off. There was no sight obstruction, it actually sits off the road by about 12 –15 feet – the car would clearly be out of the fence view when it comes to a full stop. The applicants would be gaining privacy. There used to be a row of pine trees but when a gas line went in the back hoe disturbed the roots and all of the trees died.

Mr. Tasse moved that there be no comment from the Planning Board. Mr. Mitchell seconded. All were in favor.

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COMPREHENSIVE PLAN REPORT:

Mrs. Herrin stated that the Comprehensive Planning Board was holding an informational meeting at Charlton Freehold Church Academy on November 1, 2004. The public meeting will include a review of the Charlton maps, community image survey, community survey, build-out analysis and Charlton’s visions and goals for 2020. There are 17 goals that will be discussed. It was noted that if all of the houses were built legally by today’s requirements, there could be almost 4,000 additional houses. There are currently 2,000 homes. The population would go from 4,000 to about 12,000. Mr. Tasse told the students when they were complaining about the growth that they need to provide their input at the meetings. Mr. Tasse noted that the law cannot be changed by the Planning Board that that is the Town Board’s responsibility but the Planning Board can recommend changes. Mrs. Herrin also handed out the Saratoga Preserving Land and Nature flyer for a proposed plan to do a Saratoga County Green Infrastructure Plan.

TOWN BOARD LIAISON:

Mr. Grattidge was not present at the meeting and there was no report.

CORRESPONDENCE:

Mr. Black read various correspondence he had received including an e-mail from Mr. Torben Aabo. Mr. Aabo had sent an e-mail to Mr. Acunto stating he had tried to get a copy of the August minutes for both the Zoning Board of Appeals and the Planning Board. Neither Boards had the minutes in the Town Clerk’s office. Mr. Aabo had suggested to Mr. Acunto having these minutes placed on the web-site for the Town. There was some discussion to the benefits of having this done. Mrs. Wood stated she did not think draft minutes should be placed on the web-site. Many were in agreement. If they do place the minutes on the web-site, it would be suggested to go six months to one year. Mr. Keniry said some people feel that the people should have to file the Freedom of Information request and pay for it. Simply, going through the mechanical steps that have been previously done. Mr. Black thought before taking any further action, the Town Board should be notified of the Planning Board’s desire and intent. The Town Board must make the decision. It was decided that Mr. Black should go through the town liaison to inform the Town Board that the Planning Board would like to place approved only minutes on the web-site.

OPERATIONS:

Mr. Black stated that at the last meeting he was asked to write two letters, one to Mike McNamara and the other to the Town Board. He was not able to complete either of those letters at this point, but he wanted to get some clarification on the water issue. He understood the Stage Road letter to the Town Board and will do that.

Mr. Black requested clarification concerning the letter to Mr. McNamara regarding the water availability issue. Mr. Tasse stated they were asking for a scoping study. Mr. Tasse suggested at the previous meeting, based upon hearing people always worried about the water availability going down with additional houses being placed next to their houses with wells. One of the people that the Board recently heard from was the gentlemen from Alpha Geographic stating that basically beyond 100’ wells are not going to effect each other. Mr. Tasse proposed that the Planning Board recommend to the Town Board the recommendations of this study possible for an additional building requirement. Mr. Tasse stated that he did not know if 100’ was the correct number and that is why town engineering input to this question could be helpful in protecting adjacent landowners quality and quantity of water. Mrs. Herrin stated that Nan Stolzenberg from the Community Planning Environmental Board was very uncomfortable with a number being thrown out like that. It was because a town like this the water quantity and quality is so variable. She thought it might be too restrictive in some areas and not restrictive enough in others. Mrs. Herrin stated she talked with a well-driller to make an informed recommendation. Other towns should be checked out too to see their procedures on this matter.

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Mr. Black stated he thought he was being asked to write Mr. McNamara that he perform research into the factors the effect water quality and quantity as regards to sighting of wells. Specifically the Planning Board is looking for recommendations for setbacks for new wells from existing wells and factors, which effect wells density. Mrs. Herrin stated abandoned wells should be dealt with to. It was also decided to ask for the differences between drilled versus dug wells. Mrs. Herrin stated Mr. Caine was concerned that if you put numbers out will that effect the availability to do conservation regarding subdivisions. Mr. Tasse stated that in that case it would be engineered in the analysis of the subdivision.

Mr. Black told the Board that he received a legal notice that from October 1, to October 30, 2004, the County is accepting changes or recommendations for changes to the Consolidated Agricultural District number 1 or 2. The Town of Charlton is in number 2. He thought he would pass that information on to everyone.

He let the members know that he sent the Saratoga County Planning Board an executed copy of the Memorandum of Understanding for the county review. He was waiting for an executed copy by the County Planning Board to be returned to him.

Lastly, he told the Planning Board that he and Mr. Keniry would be meeting with Mr. Grattidge, Mr. McNamara, Mr. LaFountain and Mr. VanVranken on October 19, 2004, to discuss issues of the Planning Board. It was hoped to discuss the possibility of obtaining a clerk, the needs of GIS, and the operations and issues of the Planning Board. It was felt that if more subdivisions would be coming, the Planning Board should be more prepared to increase the efficiency.

On a motion by Mrs. Wood, seconded by Mr. Mitchell, the meeting was adjourned at 8:42 p.m. All were in favor.