TOWN OF SARATOGA
PLANNING BOARD
MINUTES -
DRAFT
April 26, 2006
- 7:30 PM
Chairman
Ian Murray called the meeting to order at 7:30 p.m.
Clerk
Catherine Cicero called the roll.
Chairman Ian Murray – present, Vice-chair Susan Cummings – present,
Ralph Pascucci – absent, Paul Griffen – absent, Robert Park – present, Laurie
Griffen – present, and Patrick Hanehan – present.
Approval
of Minutes: All board members present had read the minutes of the March 22,
2006 meeting. A motion was made by
Patrick Hanehan, seconded by Laurie Griffen, to accept the minutes of March 22,
2006 as written. Chairman Ian Murray – aye, Susan Cummings – aye, Patrick
Hanehan – aye, Laurie Griffen – aye, and Robert Park – aye. Carried 5 – 0.
Order of Business:
Approvals
Charles Ritson
222 Wilbur Rd.
Stillwater, NY 12170
S/B/L 208-1-14
Rural
Mr. Ritson stated that he is
seeking approval from the Planning Board to construct a second residence on his
property. Mr. Ritson explained that the property is at the corner of Wilbur and
Duell Roads. The new residence will be
built for Mr. Ritson’s daughter on the same side of the road as his own
house. Mr. Ritson said the residence
will be “quite aways” from his own house with sufficient road frontage in case
the property is ever subdivided. He
added that the sight distances are sufficient for the driveway and that the soil
is all sand. The Board members had no
further questions.
Chairman Ian Murray said that
the second residence on the property is permissible by Town zoning regulations
for multiple use as long as there is sufficient acreage and road frontage if
the property is ever subdivided. He
explained that Mr. Ritson meets the criteria to add the second residence and no
Planning Board action is necessary. He
advised Mr. Ritson to see Town Zoning Officer Robert Hathaway when he was ready
to obtain a building permit.
Subdivisions
Karen & Tom Tyler, Applicant Edward
Bodnar, Owner
27 Main Ave. 132
Russell Rd.
Rensselaer, NY
12144 Schuylerville,
NY 12866
S/B/L 195-1-32.1 Rural
Stephen Bodnar
addressed the Board on behalf of the Applicants, who are seeking to subdivide a
80,000+/- square foot lot, with 200’ of road frontage, from a 75.7+/-acre
parcel. Mr. Bodnar explained that there is a trailer currently on the lot which
will be removed, the perc test has been done, and a new well will be drilled. Mr. Bodnar stated that the Applicants will
be building on the front 200’ of the property, and that they will probably be
building into the hill. He explained that the property had been mined in the
past so hardpan can be hit at 7’ in some spots.
There followed a
brief discussion on the terrain of the property, including the location of a
gully and the depth of the groundwater.
Proof of notice
having been furnished by newspaper on April 17, 2006, Chairman Ian Murray
opened the Public Hearing at 7:40 p.m., asking that anyone having comments
provide their name, address, and state whether they were for or against the
proposal. There were no interested
parties; the Public Hearing was closed.
Chairman Ian Murray read a letter from the County Planning Board indicating that it had no objections to the proposal.
Chairman Ian Murray asked the Board if there were any further questions. There were none.
Laurie Griffen then read the short form EAF, which was
completed by the Board. Chairman Ian
Murray made a motion, seconded by Susan Cummings, to accept the documents as
presented, declare the SEQR review complete, and to make a negative
declaration. Chairman Ian Murray – aye,
Susan Cummings – aye, Patrick Hanehan – aye, Laurie Griffen –aye, and Robert
Park – aye. Carried 5– 0.
Chairman Ian Murray noted that there was no agricultural statement on the survey, and directed the Applicants to include the statement before the maps are signed.
Laurie Griffen made a motion, seconded by Patrick Hanehan,
to grant the subdivision on condition that the agricultural statement is added
to the maps before they are signed.
Chairman Ian Murray – aye, Susan Cummings – aye, Patrick Hanehan – aye,
Laurie Griffen –aye, and Robert Park – aye. Carried 5– 0. GRANTED
Nick Washco, Applicant
219 Walsh Rd.
Schuylerville, NY
12871
S/B/L 169-1-77.1 Rural
Returning Applicant is
seeking to subdivide a 22.40+/- acre parcel in two; one approximately 7+ acres,
and the other 14+ acres. Nick Washco addressed the Board.
Chairman Ian Murray reported that
he had spoken with the engineer, Paul Male, regarding the septic design.
Town Engineer Kenneth Martin
stated that he had several questions concerning the septic design and said that
he would speak with the engineer. He had concerns about using a raised system
as opposed to a shallow system. It was his professional opinion that the Board
should wait to take action on this matter until he could determine whether the
lot was buildable. There followed a
brief discussion on the septic requirements.
In response to a question from Patrick Hanehan, it was determined that a
raised septic system still requires a perc test.
Chairman Ian Murray noted
that Mr. Washco has satisfied all other requirements regarding the subdivision.
Susan Cummings read a letter
from a neighbor requesting that a deed restriction be placed on the two
properties to prevent further subdivision.
Chairman Ian Murray noted that the configuration of the lots puts limits
on further building anyway; the road frontage on the lot with the residence is
very tight already.
In response to a question
from Laurie Griffen about the cemetery on the property, Mr. Washco stated that
the cemetery is private, and has been abandoned.
Chairman Ian Murray asked the Board if there were any further questions. There were none.
RETURNING
Barney & Shirley Drumm
139 Coveville Rd.
Schuylerville, NY
12871
S/B/L 182.-1-68 Rural
Barney and Shirley Drumm
addressed the Board regarding their proposal to add a 14.25+/- acre parcel to
their current property; then subdivide and sell off a 165’x400’ piece, which
includes a residence. The remainder of
the property, which has a trailer situated on it, would be combined on one
deed. Mr. Drumm said that the trailer
will remain on the property. Two septic
systems are on the purchase property, so no engineering is necessary.
In response to a question
from Chairman Ian Murray, Mr. Drumm stated that he hasn’t had the property
surveyed yet. Chairman Ian Murray
stated that, legally, the Drumms only need to have the small parcel surveyed,
but he would like to see a survey of the entire piece. Mr. Drumm stated the he now has a contract
to purchase the property.
Chairman Ian Murray read the
Notice of Action from the Zoning Board of Appeals, dated April 25, 2006,
granting a variance for road frontage.
Chairman Ian Murray stated
that, although this matter was legally noticed for a public hearing by
newspaper dated April 20, 2006, he would postpone the hearing until the May
meeting so any interested parties would be able to view a map of the proposal.
After a brief discussion, it
was determined that the Drumms would not have to provide notice again to their
neighbors by return receipt request; but they should provide a second notice by
regular first class mail.
Chairman Ian Murray asked the Board if there were any further questions. There were none.
RETURNING
Michele Rifenberg, Applicant
216 Hayes Rd
Schuylerville, NY
12866
169-1-25 Rural
Applicant proposes to
subdivide a 6.5+/- parcel into one 4.5+/- acre lot and one 2+/- acre lot. The Applicant plans to build a residence for
herself on the 4.5+/- acre lot in the near future.
Harold Berger addressed the
Board on behalf of Ms. Rifenberg, explaining that he will be designing the
septic systems for both lots, and that Dan Wheeler had done a survey of the
entire property. Mr. Berger said that
lot 1 would have a shallow trench with fill, but lot 2 would need a raised
septic system. He added that the
groundwater was at 18” for lot 1 and at 36” for lot 2. Mr. Berger said that if he changes the
placement of the septic system, he will perform another perc test on the
property.
There followed a discussion
on driveway placement for the two lots.
Chairman Ian Murray raised a concern about the vertical curve on the
roadway, and directed the Applicant to provide sight distances in feet on the
survey.
Chairman Ian Murray noted
that the survey needs to be stamped and signed. Mr. Berger said that he will provide a better delineation of the
wetlands on the property.
Proof of notice
having been furnished by newspaper on April 17, 2006, Chairman Ian Murray
opened the Public Hearing at 8:09 p.m., asking that anyone having comments
provide their name, address, and state whether they were for or against the
proposal.
Charles Jones—Neither for nor against. Mr. Jones raised concerns about the two running brooks on the property and their run-off. Mr. Berger said that he will create a 2’ topography map and then reroute the run-off. He added that there is an existing well near a bubbling spring that issues out of the ground.
Chairman Ian Murray requested a map of the property indicating wetland delineation and the existing water for further review.
All those wishing
to speak having done so, the Public Hearing was closed at 8:12 p.m.
Chairman Ian Murray asked the Board if they had any further questions. There were none. RETURNING
Sketch-Plans
Saratoga Builders, LLC, Applicant Valente
Realty Partners, Owner
8 Campion Lane 315
Partition St.
Saratoga Springs, NY 12866 Rensselaer, NY
12144
Returning Applicant proposes
a conservation subdivision consisting of 35 building lots on 80.41+/- acres,
including 36.4+/- acres of green space walking trail and a horse farm. The proposed subdivision would be located at
the intersection of NYS Rte 29 and Louden Road.
Sam Palazzole addressed the
Board, explained the conservation subdivision proposal, and reported that there
are no wetlands that need to be dealt with; therefore, there will be no Army
Corps of Engineers involvement. The map
includes proposed locations of wells and septics, 1 acre+/- proposed to be
donated to the Quaker Springs Fire District for a substation on NYS Route 29,
and the green space which amounts to approximately 36.4 acres. This proposal has been redesigned since the
last meeting. The cul-de-sac has been
redesigned and the pie-shaped lots have been removed. The latest proposal is
for 35 lots plus a horse farm.
There followed a discussion
of the proposed walking trail around the development.
Laurie Griffen would like to
see more options concerning the proposed horse farm area and would like to see
more creativity from the developer. Mr.
Palazzole said that he was willing to work with whatever the Town has in mind.
It was determined that Laurie Griffen and Susan Cummings would meet with Town
Supervisor Tom Wood and the developer regarding the green space and horse farm
property on May 3, 2006.
In response to a question
from Chairman Ian Murray, Mike Brooks of Tommelle Associates reported that the
cul-de-sac road would be less than 800’ in length in accordance with Town
standards. There followed a discussion
on plans for storm water management and drainage from the roads.
No traffic study has been
done yet, although it is anticipated that the study will be performed by
Creighton-Manning. Mr. Palazzole stated
that the sight distances for the entrance onto NYS Route 29 were
excellent. There followed a brief
discussion concerning the sharp angle of the Louden Road intersection.
Mr. Brook explained that the
property has been logged, so there are very few old growth trees on the lots.
RETURNING
Robert E. & Jan A. Park
57 Trombley Road
Stillwater, NY
12170
S/B/L 193.-1-23.11 Rural Residential 2
Applicant is seeking to
subdivide 2 acres from a 60+/- acre parcel for a single family residence. Robert Park recused himself from the Board;
then addressed the Board regarding the application.
Mr. Park explained that the
proposed subdivision will be 2 to 3 acres and is located at the top of a knoll
at the edge of a 17 acre alfalfa field.
Mr. Park explained that his son plans to build on the site within the
next few years, and the property must be subdivided in order for him to obtain
a mortgage. He said that the remainder
of the property will eventually be part of a conservancy.
In answer to questions from
the Board, Mr. Park stated that the knoll is steep enough to be a danger for
farm machinery. The soil is a mixture
of sand and clay in that area. He said
that the sight distances are okay for the subdivision, but the lot sits
approximately 10 feet above the road.
He planned to grant an easement so the driveway could follow the edge of
the field to the road. Town Engineer
Kenneth Martin recommended that the house have its own driveway.
It was determined that the
perc test would not need to be done until time for construction. Town Engineer Kenneth Martin said that,
because the property will remain agricultural until construction, the
agricultural statement on the map can be tied to that.
Mr. Park will determine the
extent of the parcel he would like to have subdivided and have the property
surveyed.
RETURNING
David S. Brown, Applicant
78 Condon Road
Stillwater, NY
12170
S/B/L 193-1-8 Rural
Applicant proposes to subdivide
2 acres from a 7.036+/- acre parcel.
Mr. Brown explained that the property has 613’ of road frontage. He recently purchased the property, which
had been willed to Skidmore College.
Susan Cummings commented that
there were a lot of wetlands on the property and that there is a sharp curve
along the road frontage. There is also
a stream on the property.
Chairman Ian Murray stated
that the subdivision meets the zoning requirements. He directed Mr. Brown to have the property surveyed, complete the
engineering work, and investigate the extent of the wetlands and stream.
Town Engineer Kenneth Martin
advised Mr. Brown to be aware of the setbacks on both pieces in placing the
residences. Chairman Ian Murray
requested sight distances for the curve before seeking a curb cut for the
driveway.
RETURNING
Special Use Permits
Jeffrey & Deborah Dooley, Applicants
111 Condon Rd.
Stillwater, NY
12170
S/B/L 193.-1-7.3 Rural
Returning Applicants are
seeking a Special Use Permit to operate a boat storage facility on their 4.6+/-
acre lot.
Chairman Ian Murray advised
the Applicants that the special use permit would be conditioned with the
provision that it would be strictly limited to storage with no maintenance
allowed.
Chairman Ian Murray asked the
Board if they had any questions. There
were none.
Proof of notice
having been furnished by newspaper on April 19, 2006, Chairman Ian Murray
opened the Public Hearing at 8:49 p.m., asking that anyone having comments
provide their name, address, and state whether they were for or against the
proposal.
Stephen Bodnar—Neither for nor against. Mr. Bodnar said that the Dooleys had a nice facility, but wanted to know whether the boats would be required to remove all gasoline before storage for fire safety purposes.
Chairman Ian Murray said that the Board couldn’t enforce such a requirement, but that the Dooleys would probably want to require the removal of all flammables and the batteries for fire protection and for insurance purposes. He said that Michael Giovanone intends to do that with his boat storage facility that was recently approved by the Board. Chairman Ian Murray said that he would make the requirement a condition of the special use permit.
All those wishing
to speak having done so, the Public Hearing was closed at 8:52 p.m.
Laurie Griffen then read the short form EAF, which was
completed by the Board. Chairman Ian
Murray made a motion, seconded by Susan Cummings, to accept the documents as
presented, declare the SEQR review complete, and to make a negative
declaration. Chairman Ian Murray – aye,
Susan Cummings – aye, Patrick Hanehan – aye, Laurie Griffen –aye, and Robert
Park – aye. Carried 5– 0.
Robert Park made a motion to grant a one-year, renewable
Special Use Permit, with the condition that all batteries and flammables be
removed from any stored boats. There
will be no outside storage or maintenance. The motion was seconded by Patrick
Hanehan. Chairman Ian Murray – aye,
Susan Cummings – aye, Patrick Hanehan – aye, Laurie Griffen –aye, and Robert
Park – aye. Carried 5– 0. GRANTED
SBA Network Services, Inc.
5900 Broken Sound Parkway, NW
Boca Raton, FL
33487-2797
S/B/L 169-1-64 Rural
Applicant is seeking a
Special Use Permit to construct an unmanned telecommunications facility
consisting of a 195’ monopole tower with provisions for up to five future
wireless telecommunications providers on the tower and at the tower base for
antennas and equipment. The proposed
tower site property is owned by the Town of Saratoga at the landfill off Hayes
Road.
Shane Newell represented the
Applicant, stating that SBA is a national tower development company, which
specializes in multi-user facilities.
It has no particular carrier limitations other than structural capacity. He gave examples of towers that SBA has
built around the country, including one recently built in the City of Saratoga
Springs. He also explained how the
towers work when linked with other towers.
Chairman Ian Murray asked
whether any studies have been done to support the proposed height, stating that
the Board does not want to approve a 195’ tower if it isn’t necessary. Mr. Newell explained that it is difficult to
obtain specific data from the carriers, and that SBA relies on predictions to
determine which carriers will actually be using the tower. He added that there is currently no
infrastructure in this area, so several carriers may be interested.
Mr. Newell asserted that the
only consideration before the Board concerning the towers is the visual
impact. He said that he has already
contacted SHPPO regarding the archaeological aspects. Chairman Ian Murray advised Mr. Newell to obtain a copy of the
Town’s zoning regulations to reference the Town’s requirements for cell towers.
Chairman Ian Murray also
directed Mr. Newell to complete a long form EAF and provide data on the visual
impacts of the proposed towers.
Town Engineer Kenneth Martin
had questions about how the grading would be addressed, how the towers would be
stabilized, and what the foundations consisted of.
Mr. Newell said that the all
towers are self-supported. There are no
guidewires.
In answer to a question from
Robert Park, Mr. Newell explained that the company tries to build below FAA
height restrictions in order to avoid having to place lights on the tower; however,
in high traffic areas, or near private airports, the FAA may require lighting
regardless. He noted that the Coveville
location has a private runway nearby that could be a problem.
Chairman Ian Murray said that
this matter will be tabled until the Applicant completes a more detailed
application. He also said that Mr.
Newell will need a balloon float to see the tower height. Mr. Newell responded
that photos and simulations are used these days instead of a balloon
float. He said that he is waiting for
SHPPO to tell him what photographs will be necessary. He said the Board could
request further photographs if it feels that they are necessary.
Chairman Ian Murray said that
the Board would not declare lead agency status until Mr. Newell supplies a long
form EAF. He added that the Board will
assume lead agency status unless it is contested by another agency.
Robert Park asked for a
history of the company in this area.
In response to a question
from Laurie Griffen, Mr. Newell explained that the height for the towers varies
according to the location and specifics.
Chairman Ian Murray asked the
Board if they had any further questions.
There were none.
Mr. Joseph Finan, of the
National Park Service, asked Chairman Ian Murray about the process for participation
in the SEQR review. The National Park Service will be listed among the
partipating agencies.
Chairman Ian Murray noted
that the same issues would apply to the Coveville site as well.
TABLED
SBA Network Services, Inc.
5900 Broken Sound Parkway, NW
Boca Raton, FL
33487-2797
S/B/L 183-1-49 Rural
Applicant is seeking a
special use permit to construct an unmanned telecommunications facility
consisting of a 150’ monopole tower with provisions for up to five future
wireless telecommunications providers on the tower and at the tower base for
antennas and equipment. The proposed
tower site property is privately owned.
TABLED
Kimberly Wilbur & Donald Neubauer, Jr.
57 Pryn Hill Rd.
Mechanicville, NY 12118
S/B/L 183.-1-30.1 Conservancy
Applicants are
seeking a special use permit to operate a marina on their property. Attorney Kevin Tollisen appeared on behalf
of the Applicants, explaining that there is over 600’ of river frontage, that
the driveway is shared by an adjoining marina, and that the driveway has an
easement over property owned by the Town.
No one resides on the property; there is a Foote shed located there
now. Eventually, the owners would like
to add a septic and rest room facilities.
They would like to erect a structure on the property.
In response to a
question from Laurie Griffen, Mr. Tollisen said that there is very little
traffic in and out of the site, so traffic flow is not an issue. He also explained that the site will not
contain a refueling station for boats, and will have no launch provisions. The Applicants do not intend to have any
signage.
Chairman Ian
Murray directed the Applicants to provide an accurate survey of the property to
make sure that it meets acreage requirements.
The map should include the proposed docks and parking area. He also requested further information on the
driveway, including the width and whether it is blacktop. Mr. Tolllisen responded that the driveway is
approximately the width of a car—7’.
Town Engineer
Kenneth Martin requested that the Applicants be directed to go ahead with the
engineering for the septic, stating that they would have to hire someone to do
that.
RETURNING
Bill Ippoliti, Applicant
133 Schuyler St.
Victory Mills, NY
12884
S/B/L 170.39-1-12 Village Extension
Returning Applicant is
seeking a Special Use Permit to add a two-family addition onto a two-family
unit on 3.162 acres in the Village Extension.
Mr. Ippoliti provided a profile of the proposed building delineating the
roofline. He explained that the roofline on the profile will be changed
slightly, and that the well placement on the property may change because of a
pump put in at the rear of the property.
Town Engineer Kenneth Martin
suggested that the new Town water regulations and septic information could be
tied to the building permit. Mr.
Ippoliti stated that the septic will have to be some type of engineered system.
Chairman Ian Murray commented
that Mr. Ippoliti has done everything that the Board has requested, and that no
renewable special use permit would be necessary (or possible since it involves
the addition of a structure).
Laurie Griffen made a motion, seconded by Robert Park, to approve the application as presented for a multi-family dwelling. Mr. Ippoliti will submit his soil engineering and water regulation specifics to Town Zoning Officer Robert Hathaway when he applies for his building permit. Chairman Ian Murray – aye, Susan Cummings – aye, Patrick Hanehan – aye, Laurie Griffen –aye, and Robert Park – aye. Carried 5– 0. GRANTED
Compliance
Saratoga Apple, Inc.
NY State 29
Schuylerville, NY
12871
S/B/L 157.-1-21.12 Rural Residential
Nate Darrow was scheduled to
discuss compliance with Town ordinances regarding a trailer on his property but
did not appear.
Old Business:
Saratoga Farms, Inc., Applicant
173 Co. Rd. 69
Schuylerville, NY
12871
S/B/L 182.-2-15.11 Rural
Gavin Villaume
gave an overview of the work that was done on the property prior to issuance of
the stop work order on the development.
Several members of the Board expressed their frustration in obtaining
requested information and data from Mr. Taras regarding the development of his
property and the fact that he was not cooperating with the Board. Chairman Ian Murray read the following
resolution prepared by Town Attorney William Reynolds:
RESOLUTION DISAPPROVING SUBDIVISION PLAT
COUNTY ROAD 69 – SARATOGA FARMS, INC.
WHEREAS, Saratoga Farms, Inc. (Walter J. Taras), hereinafter referred
to as “Applicant”, by application dated April 14, 2005 (as revised), has
proposed to create a 38-lot subdivision at County Road 69 at Hanehan Road in
the Town of Saratoga, and
WHEREAS, the Applicant duly appeared before the Board
with a preliminary submission of a
subdivision plat on April 27, 2005, and
WHEREAS, the application was thereafter considered by
the Board at subsequent meetings held on June 29, July 27, August 24 and
September 26, 2005, and
WHEREAS, a legally noticed public hearing on said
preliminary submission was held on October 26, 2005, and
WHEREAS, at said public hearing concerns were raised
by the public concerning increased density, traffic issues, interference with
neighboring agricultural operations and non-compliance with the Town
Comprehensive Plan, and
WHEREAS, the Board to date has not granted preliminary
approval of the subdivision plat, and
WHEREAS, in connection
with its review of this application, the Board has engaged the services of
Kenneth Martin, a professional engineer, and also received and reviewed the
following technical reports and other written submissions, including:
·
a Stormwater Prevention
Plan;
·
a Stormwater Management
Narrative Plan;
·
an Agricultural Data
Statement;
·
Part I of the long form
EAF;
·
various revised
subdivision plans,
and,
WHEREAS, following a field
investigation by members of the Board and Town Engineer Kenneth Martin, the
Board finds that the Applicant has performed extensive work on the subject
property while this application was pending, including the construction of
earthen berms, extensive grading, cutting and filling of proposed roads near
proposed entrances, construction of water retention basins and significant
removal of trees, and
WHEREAS, due to the extensive unapproved work
performed on the property by the Applicant, the topography and vegetation of
the land has been changed to such an extent that the Board is not reasonably
able to engage in its planning responsibilities due to such changed conditions,
and
WHEREAS, following consideration and due deliberation of all of the
above, it is hereby,
RESOLVED, that the preliminary subdivision plat dated November 16, 2005
(as revised) is hereby disapproved.
Robert Park made a
motion, seconded by Patrick Hanehan, to adopt the resolution and disapprove the
application. Chairman Ian Murray – aye, Susan Cummings – aye, Patrick
Hanehan – aye, Laurie Griffen –aye, and Robert Park – aye. Carried 5– 0. DENIED
New Business: There was a brief discussion regarding the revised
Planning Board subdivision applications.
Planning Clerk Catherine Cicero said that she will further revise the
applications so they can be posted on the Town website.
Town Supervisor Tom Wood
summarized the actions taken at the last Town Board meeting.
The next meeting will be May
24, 2006.
A motion to adjourn was made at 10:58 p.m. by
Patrick Hanehan, and seconded by Laurie Griffen. Chairman Ian Murray – aye,
Susan Cummings – aye, Patrick Hanehan – aye, Laurie Griffen –aye, and Robert
Park – aye. Carried 5– 0.
Respectfully
submitted,
Catherine
E. Cicero
Planning Clerk