TOWN OF SARATOGA

PLANNING BOARD

MINUTES - DRAFT

August 25, 2004

7:30 PM

 

 

Chairman Ian Murray called the meeting to order at 7:30 p.m.

 

Clerk Ruth Drumm called the roll.  Chairman Ian Murray – present, Susan Cummings  – present, Ralph Pascucci – present, Albert Baker – absent, Paul Griffen – present, Robert Park – present, Laurie Griffen – present, and alternate Barney Drumm – present

Also attending: Town Engineer Kenneth Martin, Jim Vianna, Edward Charbonneau, Sandra Dalzell, Bob Tate, Lisa Schroeder-Bevis, R.M. Galusha, Ida Mae Winslow, James & Elena Grotto, Eugene Blonkowski, Mark & Kim Sutton, Jane Sheeran, Steve Mastaitis, and Michele Anderson. 

 

Approval of Minutes: All board members present had read the minutes of the July 28th, 2004 meeting.  A motion was made by Paul Griffen to accept the minutes of

July 28th, 2004 as written, and Barney Drumm seconded it. Chairman Ian Murray – aye, Susan Cummings  – aye, Ralph Pascucci – aye, Albert Baker – absent, Paul Griffen – aye, Robert Park – aye, Laurie Griffen – aye, and Barney Drumm - aye.  Motion Carried 7– 0.

Applicants:

Pre-submission Conference – Special Use Permit

Stephen J. Mastaitis

1412 Route 9P

Saratoga Springs, NY 12866

S/B/L 193.6-1-55  Lake Commercial District

 

Stephen Mastaitis addressed the board seeking a Special Use Permit for a Law Office at 1412 Route 9P.  He presented the board with a proposal showing the parking in the rear, a circular driveway and the placement of a sign by the road.  He stated that he has added a deck with stairs at the rear entrance that is handicapped accessible.  The board suggested that he consider only one entrance instead of the circular driveway as it would have better site distance and be safer.  It was also suggested by Chairman Ian Murray to pave 20 to 30 feet of the entrance from Route 9P for easier access onto the highway.  Chairman Ian Murray added that the sign proposed meets all requirements and could be illuminated.  Stephen Mastaitis stated that a sign would also be put in the window.  He added that he might return in the future to put a new office on the adjacent lot.  Chairman Ian Murray addressed the parking in the rear and said that ten spaces may be required but he could get by with five as long as there is space for another five if needed.  It was also noted that the parking spaces do not have to be paved, they could be crushed stone.  Chairman Ian Murray suggested that he rework the plan with one entrance that has 20 to 30 feet of pavement to Route 9P, revamp the parking area and return next month.   Returning next month.         

 

James Grotto & Elena Danas-Grotto

946 Route 29

Saratoga Springs, NY 12866

S/B/L 156.-1-26  Rural Residential

 

James & Elena Grotto addressed the board seeking a Special Use Permit to relocate their retail Train & Hobby Shop from its current location at 946 Route 29 to the .71 +/- acre lot next door.  A one story, 1,000-sq. ft. shop would be built on the pre-existing, non-conforming lot.  Chairman Ian Murray stated that the lot doesn’t meet the present zoning requirements for a special use permit and would need area variances granted by the Zoning Board of Appeals.  James Grotto stated that at the last meeting Paul Griffen suggested combining the two properties and they declined doing so but after some thought it made a lot of sense and they agree that it would simplify things to combine the properties.  Chairman Ian Murray added that they could rework the plan and include a new survey and it could be contingent on combining the deeds but that they may want to try getting the variances first from the ZBA and if they were denied then come back to the Planning Board for the Special Use Permit with the reworked plan.  It was noted that they would need to plot the building and parking areas on the map.  The Grotto’s agreed to try for the variances first.  Ralph Pascucci made a motion to deny the Special Use Permit because the lot does not meet the zoning area requirements.  Paul Griffen seconded it. Chairman Ian Murray – aye, Susan Cummings  – aye, Ralph Pascucci – aye, Albert Baker – absent, Paul Griffen – aye, Robert Park – aye, Laurie Griffen – aye, and Barney Drumm - aye.  Motion Carried  7– 0  Denied and going to the ZBA. James Grotto asked how to obtain a separate lot number for the parcel and it was suggested that he contact Assessor Catherine DeFelice. 

 

Special Use Permit

Case # 04-15 Matthew Ernst

                      1164 Rt. 29

                     Schuylerville, NY 12871

S/B/L 157-1-49.2 & 29 Rural Residential

 

Attorney Michele Anderson, representing Matthew Ernst, addressed the board seeking a Special Use Permit to operate a Tattoo Parlor on adjoining parcels totaling 1.41 acres +/- at 1164 Route 29.  She submitted the site plan and stated that the use was a pre-existing, non-conforming use grand fathered back to the 70’s when Vallone’s Plumbing was located there.   Chairman Ian Murray stated that there has been a vacancy of more than two years from when it was used as a TV repair shop.  Town attorney Bill Reynolds explained to the board that the Zoning Board of Appeals should address two issues of interpretation.  One is if it is a preexisting use and the other is that a tattoo parlor is not a listed use. 

 

Proof of notice having been furnished Chairman Ian Murray then opened the Public Hearing.

The following spoke against the granting of a Special Use Permit for the Tattoo Parlor:

Ida Mae Winslow, 1152 Route 29  – she also presented the board with signed petitions containing a total of 25 signatures against the Tattoo Parlor.

 

 

The following spoke for the granting of a Special Use Permit for the Tattoo Parlor:

Chairman Ian Murray read a letter from Margaret Spiezio, 1162 Rt. 29, in support of the Tattoo Parlor.

Chairman Ian Murray asked for further comment and Ida Mae Winslow spoke against the tattoo parlor as not appropriate for the area, and Attorney Michele Anderson stated that it is a legislative determination that the use is allowed there and that the only restrictions should be regarding hours of operation or things that can affect the neighborhood but to deny on the use itself is not appropriate.   Chairman Ian Murray closed the public hearing.  He then asked the board for further discussion and having none, for board action.

Ralph Pascucci made a motion to deny the Special Use Permit because it doesn’t meet the area requirements for a retail business.  An area variance and Zoning Law interpretation are needed from the Zoning Board of Appeals.  Susan Cummings seconded it. Chairman Ian Murray – aye, Susan Cummings  – aye, Ralph Pascucci – aye, Albert Baker – absent, Paul Griffen – aye, Robert Park – aye, Laurie Griffen – aye, and Barney Drumm - aye.  Motion Carried 7– 0.  Denied and applicant will apply to the ZBA. 

 

Returning Special Use Permit

Case #04-11 Michael Giovanone, applicant, Garry Robinson, Consulting Engineer

                     1427 Route 9P

                     Saratoga Springs, NY 12866 

Lake Commercial District, S/B/L 193.06-1-2.

 

Attorney John Lapper addressed the board representing Michael Giovanone seeking a special permit for multi-family housing located on Route 9P, Saratoga Lake. Applicant is proposing 3 buildings with a total of 32 units on 8.88 +/- acres. He submitted a package that includes a conceptual letter from the sewer district, a wetland delineation from DEC, a storm water management plan, and an adjusted traffic report.  He was hopeful that a public hearing could be scheduled for next month.  Attorney John Lapper acknowledged that some further design is needed regarding the sewer system and suggested that the board make approval by the Saratoga County Sewer District a condition of approval on the Special Use Permit.  Chairman Ian Murray noted that the density still needs to be addressed.  He stated that in July some zoning law amendments were passed.  Part of Local Law # 6 addressed multi family dwellings and redefined and limited them to no more than four dwelling units per building.  He added that in light of the change in law, this application couldn’t go forward as is.  It was suggested that they rework the plan with 4 units per building or they could apply to the Town Board for a Planned Unit Development (PUD) rezoning, this option was also added by Local Law # 6.  Tabled to rework plan.

 

Subdivision-Sketch Plan

 

Edward & Florence Charbonneau

116 County Route 68

Saratoga Springs, NY 12866

S/B/L 167-1-16, 17, 9  Conservancy District

 

Mark and Kim Sutton, Edward Charbonneau, and Sandra Dalzell addressed the board proposing to converge three parcels totaling 6.93 +/- acres on County Rd. 68, fronting Fish Creek into two residential lots, one of 1.85 +/- acres  (80,500 +/- sq.ft.) and the second 5.08 +/- acres for daughters Sandra Dalzell and Denise Defoe.  Mark Sutton explained that Alton Knapp, his Environmental Consultant, obtained a verbal approval from Marc Migliore, Deputy Permit Administrator for the NYS DEC, Region 5, that a 50’ buffer would be acceptable.   He expects the written approval any day now.  Mark Sutton pointed out that the revised drawing has both the 50’ and 100’ buffer defined on it.  He stated that he appeared before the ZBA on Monday for the required variances but they were unable to act since a quorum was not present.  The project was discussed with the three board members present with no apparent problems.  Mark Sutton stated that he would like to move the process along and have a public hearing at the next Planning Board Meeting in September, as he will be returning again to the ZBA for the variances needed next month.  The board agreed to hold the public hearing at the next meeting.  Chairman Ian Murray noted that the distance between the well and septic is the 100’ required.  The board then addressed the small portion of common driveway proposed on the map.  They felt as long as there is the ability to split the driveway if ever needed, it would be acceptable to keep it as one.  It was also noted that the county is trying to minimize curb cuts when possible.  Chairman Ian Murray explained that the perc and deep hole test information should be completed and noted on the map.  Mark Sutton stated that their Environmental Consultant Engineer is addressing those items.   

Referred to the ZBA and Applicant returning.  

 

Subdivision-Sketch Plan

Robert Tate, Applicant                    Calvin Gong, Owner

573 Rt. 9P                                           52 Springbrook MHP

Saratoga Springs, NY 12866  Clifton Park, NY  12065

S/B/L # 193.6-1-52  Lake Residential District

 

Robert Tate and Calvin Gong addressed the board seeking to subdivide the present lot of .41 +/- acres into two lots.  One lot of 60’ x 150’ +/- (9,000 +/- sq.ft.) for Robert Tate to build a 27’6” x 44’ residence on with the remaining lot being retained by Calvin Gong (approximately 8,738 sq. ft.). Chairman Ian Murray stated that the lot is too small and doesn’t meet the area requirements.  He added that the Planning Board couldn’t create non-conforming lots. He suggested that they return next month for a public hearing and a formal application.  Once he is denied he can then apply to the Zoning Board of Appeals for the variances needed.  Calvin Gong stated that the ZBA had granted an area variance in the past to place a mobile home on the same lot with the existing home.    After some discussion, it was determined that the lot was never subdivided only area variances were granted and that since then the mobile home has been removed.  Returning next month for a public hearing.

 

Subdivision-Preliminary

Case # 04-16  Walter Taras

                        173 County Rt. 69

                       Schuylerville, NY 12871

        S/B/L # 182-2-15.11 Rural District

 

Jim Vianna, P.L.S., addressed the board representing Walter Taras.  He is seeking Phase I approval of a three phase major subdivision of 175 +/- acres bordered by Casey Road, County Road 69, and Hanehan Road. Phase I consists of creating a 53.07 +/- acre parcel, Lot 2A, to be kept in agriculture and a 2.01 +/- acre parcel, Lot 2B, for construction of a new residence for Walter Taras, owner, on the north side of County Road 69.  Jim Vianna presented the plan to the board and explained that Lot 2B, the residence parcel, is a “mortgage parcel”, requested by the bank to be separated from the larger parcel of 55.08 +/- acres. He added that an agricultural statement would be added to the map on the remaining 53.07 +/- acres, Lot 2A, which requires the owner to return to the Planning Board before any use other than agricultural can occur. Jim Vianna explained that Phase II and Phase III would be done together probably no sooner than next spring.  After some further discussion by the board, it was determined that Phase I is not a Type 1 SEQR action but Phase II and III will be.   Chairman Ian Murray requested that the engineering data be placed on the map.  Returning next month when a public hearing will be held.

 

Returning Subdivision

Case # 03-28 Jane Sheeran

                      176 Burke Rd.

                      Saratoga Springs, NY 12866

            S/B/L # 169.-1-37  Rural District

 

Jane Sheeran addressed the board seeking final approval of a two-lot subdivision; each lot is 4.40 +/- acres, at 274 & 276 Hayes Rd.  Chairman Ian Murray stated that everything seems to be in order and should be approved contingent on the town engineer’s review.  Susan Cummings made a motion and Paul Griffen seconded it to grant the subdivision contingent on Town Engineer Ken Martin’s review and approval.  Chairman Ian Murray – aye, Susan Cummings  – aye, Ralph Pascucci – aye, Albert Baker – absent, Paul Griffen – aye, Robert Park – aye, Laurie Griffen – aye, and Barney Drumm - aye.  Motion Carried 7– 0.  Granted with condition. 

 

Pre-submission Conference – Special Use Permit

Harold Reiser III

1120 Rt. 29

Schuylerville, NY 12871

S/B/L # 156.-3-11  Rural Residential

 

Harold Reiser addressed the board seeking a Special Use Permit for a Dance School/Studio in an existing structure on 4.90 +/- acres at 1120 Rt. 29. He explained that Jazz, Tap and Ballet instruction would be given at the studio and there would be only one employee, the instructor.  The business is moving from Saratoga Springs.  The parcel is 4.90 +/- acres with 475’ of road frontage and meets the zoning requirements for a private school or a retail service business.  Ralph Pascucci asked if recitals would be held there and Harold Reiser stated only dance instruction.  After further board discussion, it was determined that it would fit the retail service criteria. Chairman Ian Murray requested that he present a map showing the placement of the building, showing the setbacks etc., parking area, driveway, and signs. The board felt that traffic and the driveway site distance might be a concern. They also added that parking is based on the interior retail space. Chairman Ian Murray told Harold Reiser to call him with any additional questions he may have before the next meeting.  Applicant will return next month for a public hearing.  Returning     

 

 

 

 

Old Business: Paul Griffen stated that he has started to rewrite the Zoning Regulation Book and requested that he be contacted by anyone who has identified errors or omissions that need to be corrected. He hopes to remove the redundancy and make some flow charts to help guide applicants.

 

Ralph Pascucci commented that Jeff Barlok contacted him, and a meeting with some of the Southard Road residents regarding the subdivision of Toni Mease’s property is being planned.  Paul Griffen and Ralph Pascucci are planning to attend.  

 

New Business: The board discussed changing the September meeting to the 5th Wednesday of the month, September 29th so that it can follow the Zoning Board of Appeals’ meeting on September 27th as it normally does.  Ralph Pascucci made a motion to hold the next meeting on September 29th and Barney Drumm seconded this.   

Chairman Ian Murray – aye, Susan Cummings – aye, Ralph Pascucci – aye, Albert Baker – absent, Paul Griffen – aye, Robert Park - aye, Laurie Griffen – aye, and Barney Drumm - aye. Carried 7- 0.

 

The next meeting will be Wednesday, September 29, 2004 at 7:30 p.m.

 

A motion to adjourn was made at 9:58 p.m. by Ralph Pascucci and seconded by Laurie Griffen. Chairman Ian Murray – aye, Susan Cummings  – aye, Ralph Pascucci – aye, Albert Baker – absent, Paul Griffen – aye, Robert Park – aye, Laurie Griffen – aye, and Barney Drumm - aye.  Carried 7-0.

 

 

Respectfully submitted,

 

 

Ruth L. Drumm

Clerk

 

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