TOWN OF SARATOGA

PLANNING BOARD

MINUTES - DRAFT

August 30, 2006 - 7:30 PM

 

 

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

 

Planning Clerk Catherine Cicero called the roll.  Chairman Ian Murray – present, Susan Cummings – present, Ralph Pascucci – present, Paul Griffen – present, Robert Park – present, Laurie Griffen – absent, Patrick Hanehan – present, and Alternate Robert McConnell – present.  Due to the absence of Laurie Griffen, Chairman Ian Murray recognized Robert McConnell as a full member of the Board.

Also attending: Many interested members of the public (Sign-In Sheet on file in the Minute Book). 

 

Approval of Minutes: All board members present had read the minutes of the July 26, 2006 meeting. A motion was made by Robert Park, seconded by Susan Cummings, to accept the minutes of July 26, 2006 as written.  Paul Griffen, Ralph Pascucci, & Patrick Hanehan abstained from the vote because they did not attend the July meeting. Chairman Ian Murray – aye, Susan Cummings – aye, Robert Park – aye, and Robert McConnell – aye. Carried 4 – 0.

 

Order of Business:

 

Subdivisions

 

Louise VanTassel, Applicant

163 Southard Road

Saratoga Springs, NY  12866

S/B/L 181-1-9 Rural

 

Returning Applicant is seeking to subdivide a 106+/- acre parcel on Southard Road into one 95+/- acre lot for a new residence, one 7+/- acre lot for continued agricultural use, and one 4+/- acre lot with an existing residence.

 

Bernie Buff explained the map to the Board, stating that all proposed setbacks and frontages conform to Town requirements.  He said he has discussed the Town driveway standards for the new residence with Town Engineer Kenneth Martin (who did not attend the meeting). 

 

Chairman Ian Murray clarified that Lot #2 will remain agricultural.  He directed Mr. Buff to remove the soil engineering data from Lot #2 and to place language on the map stating that Mr. Buff would return to the Planning Board before changing the usage of that lot.  He also noted that although the owner of the property was not present at the meeting, there was a letter in the file authorizing Mr. Buff to act on her behalf.

 

Proof of notice having been furnished by newspaper on August 22, 2006, Chairman Ian Murray opened the Public Hearing at 7:36 p.m., asking that anyone having comments provide their name, address, and state whether they were for or against the proposal.

No one appeared to speak regarding the proposal; the Public Hearing was closed at 7:37 p.m.

 

Chairman Ian Murray asked the Board if they had any further questions.  There were none.

 

Robert Park read the short form EAF, which was completed by the Board.  Chairman Ian Murray made a motion, seconded by Patrick Hanehan, to accept the documents as presented, declare the SEQR review complete, and to make a negative declaration.  Chairman Ian Murray – aye, Susan Cummings – aye, Robert Park – aye, Ralph Pascucci – aye, Paul Griffen – aye, Patrick Hanehan – aye, and Robert McConnell – aye. Carried 7 – 0.

Ralph Pascucci made a motion to accept the application as presented, pending a final review by Town Engineer Kenneth Martin. The motion was seconded by Patrick Hanehan.  Chairman Ian Murray – aye, Susan Cummings – aye, Robert Park – aye, Ralph Pascucci – aye, Paul Griffen – aye, Patrick Hanehan – aye, and Robert McConnell – aye. Carried 7 – 0.  GRANTED

 

David S. Brown, Applicant

78 Condon Road

Stillwater, NY  12170

S/B/L 193-1-8 Rural

 

Returning Applicant proposes to subdivide 2 acres from a 7.036+/- acre parcel. David Brown spoke to the Board, explaining that he has discussed the driveway site with Town Highway Superintendent David Hall.  Chairman Ian Murray directed him to obtain written verification that the driveway location was acceptable to Town Highway Superintendent David Hall given its location on a dangerous curve.  Chairman Ian Murray also directed Mr. Brown to have the wetlands delineated on the map so that setbacks could be configured. The required 100’wetlands buffer will affect the placement of the building envelope, well, and septic system. He explained that a surveyor will have to put all that information on the map to determine whether a residence will actually fit on the proposed subdivided lot.

 

Proof of notice having been furnished by newspaper on August 22, 2006, Chairman Ian Murray opened the Public Hearing at 7:47 p.m., asking that anyone having comments provide their name, address, and state whether they were for or against the proposal.

 

Helen Crawshaw – for.  Mrs. Crawshaw said that she was for the subdivision but was concerned about the location of the driveway due to the traffic on the road.

 

All those wishing to speak having done so, the Public Hearing was closed at 7.48 p.m.

 

Chairman Ian Murray asked the Board if they had any further questions.  There were none.

RETURNING

 

Saratoga Builders, LLC, Applicant                    Valente Realty Partners, Owner

8 Campion Lane                                        315 Partition St.

Saratoga Springs, NY 12866              Rensselaer, NY 12144

S/B/L 155.-1-27.1&3 Rural Residential

 

Returning Applicant proposes a conservation subdivision consisting of 39 building lots on 80.41+/- acres.  39.11+/- acres of open space has been set aside, which will include 27.14+/-acres for a park, 1.05+/- acres for the Quaker Springs Fire District, and 10.92 +/- acres of greenspace.  The proposed subdivision would be located at the intersection of NYS Rte 29 and Louden Road. 

 

Sam Palazzole and Mike Brooks appeared on behalf of the Applicant, and presented the Board with data regarding sight distances for traffic traveling north and south from the entrances onto Louden Road, as well as the perc and soil engineering results from test holes and wells.

 

Chairman Ian Murray asked for clarification on the separation distances on lots 27, 28, and 30.  Mike Brooks assured him that the required separation distances have been met.

Chairman Ian Murray also pointed out an error on the drainage map; Mike Brooks said that he would correct any elevation errors.

 

 Chairman Ian Murray asked the Board if they had any further questions.  There were none.

 

Mr. Palazzole said that he expected final reports from the Department of Health and the archaeologist by the next meeting.  Mr. Brooks said that he has had ongoing discussions with Town Engineer Kenneth Martin regarding the project.

 

Chairman Ian Murray said that a public hearing would be scheduled for the September meeting.

RETURNING

 

Sketch-Plans

 

MKN Development, LLC, Applicant

c/o Jones Ferradino

68 West Avenue

Saratoga Springs, NY  12866

S/B/L 206-1-34 Rural

 

Applicant proposes a 16 residence Planned Unit Subdivision (PUD) on an 84.83+/- acre parcel on Brown Road.  Stephanie Ferradino addressed the Board, accompanied by Jason Tommell and Mike Brooks of Tommell Associates.

 

Ms. Ferradino stated that she would limit her presentation to the issues raised at the last Planning Board meeting.

 

First, Ms. Ferradino reported that she had met with Jay Bodnar of the Quaker Springs Fire Department to discuss fire access to the proposed homes behind the tree lines.  She pointed out the wider cul-de-sac look of the driveways, which provides access for emergency vehicles.  The widened areas are still behind the tree lines so they are hidden from Brown Road.  A dry hydrant will be installed which can provide water for fire department support for all the homes in the neighborhood.

 

Second, Ms. Ferradino proposed that a Phase I archaeological review be prepared on the entire parcel; however, she asked that a IB dig be limited to areas of disturbance due to the costs involved.

 

Third, Ms. Ferradino asked about the SEQR review of the project.  Chairman Ian Murray clarified that the Town will be the lead agency for the review.

 

Mr. Tommell explained the layout of the wells and septic systems.  He noted that one set of cluster homes has been moved north on the revised maps for better grading.  The move also provides better distances for the wells and septic systems for those houses.  The building envelopes will be 100’x100’ in order to give the architect, John Muse, room to move them if he needs to.  He said that once grading has begun, stormwater management will begin as well.

 

Ralph Pascucci expressed concern about the enforceability of the HOA covenants; he questioned the ability to aesthetically control the parcels.  Ms. Ferradino said that the contracts will be filed with the Secretary of State and can be enforced. 

 

Paul Griffen wanted to know if the Applicants have a sense of what the parcel will look like in 10, 15, or 20 years from now.  Will the HOA provide for mowing?  Will that be a liability issue?

He said that he would like to see the parcel maintained forever as it is being proposed, and wants to make sure that happens.

 

Chairman Ian Murray suggested that the Applicants look into similar situations that have been done elsewhere, which might provide a template for this project.  Mr. Tommell said that he has done some research, but has been unable to find a similar project that suits the requirements of this proposal.

 

Chairman Ian Murray said that he would like to lessen the impact of the driveways.  Mr. Tommell said that he has spoken with Town Engineer Kenneth Martin and intends to blacktop 15-18’ of the driveways, and put gravel on the wings.  The roads will be slightly smaller than the standard size.

 

There followed a brief discussion on whether moving the clustered homes closer together would result in a loss of the “working farm” look that the Applicants are striving for.  Paul Griffen said that he likes the concept of the proposal.

 

There followed a discussion on liability and insurance.  It was suggested that some portions of the property would have to be restricted.

 

Chairman Ian Murray asked whether there would be a naturalization or landscape buffering along the corner to break up the visual effect of the clustered homes from the neighbors on the hill and coming from the other direction.  It was determined that the buffer along the corner could be enhanced.

 

Ms. Ferradino asked Chairman Ian Murray if the members of the Board would be interested in meeting to hammer out the terms of the covenants for the HOA contract.  It was determined that this would be a good idea, but no specifics were discussed.

 

Although the item had not been noticed for a public hearing, Chairman Ian Murray opened the floor at 8:22 p.m. for any questions or comments.   

 

At the request of Paul Griffen, Ms. Ferradino provided a brief overview of the proposal.  Chairman Ian Murray explained the concept of a Planned Unit Development (PUD), which waives Town zoning requirements where appropriate.

 

Marybeth Macica—Asked if the Applicants had calculations on the buildable portion of the parcel, as well as the wetland delineations.  

Ms. Ferradino responded that the Applicants are in the process of surveying the wetlands, and need that information before the buildable land can be calculated.

 

Ms. Macica then asked for an explanation of the dry hydrant and its placement. 

Fire Commissioner Stephen Bodnar first commended the Applicants for meeting with the fire department and then explained how a dry hydrant operates.  He said that, currently, if the fire department needs water for fire fighting along that area of the Lake, it has to go to the State boat launch.  This process is time consuming, particularly in the winter. 

 

Finally, Ms. Macica expressed concern that moving the house clusters closer together would lose the working farm look of the project.

 

Linda Macica—Asked the Applicants to provide a map of where the houses on Hill Road area in relation to the proposed project.

 

All those wishing to speak having done so, the Public Hearing was closed at 8:32 p.m.

 

Chairman Ian Murray asked the Board if they had any further questions.  There were none.

RETURNING

 

The BH Group, Inc., Applicant                               

173 Co. Rd. 69

Schuylerville, NY  12871                                          

S/B/L 182.-2-15.11 Rural

 

Applicant proposes a 36 unit subdivision of single family homes on 121.82+/- acres to be called Arlington Ridge.

 

Gavin Villaume of EDP appeared on behalf of the Applicant, and explained an aerial map of the parcel and surrounding development.  He noted that the proposal has been reduced to 32 units, plus the 2 lots on the opposite side of the parcel, which calculates to approximately one house for every 3 acres. 

 

Mr. Villaume then explained two proposals.  He said the first was more beneficial because it has less road length and flows better.  There is a 3 acre lot reserved on the corner for a Town park.

 

Mr. Villaume said that the second plan has been discussed with Town Highway Superintendent David Hall, who didn’t like the 2 cul-de-sacs on it due to difficulties with snowplowing.

 

Chairman Ian Murray said that a conservation subdivision plan is not mandated by the Town, but that type of plan was considered in order to maximize the density in one area of the parcel.  He said he does not like the looks of the plan and that it doesn’t benefit the Town at all.  He would like to see a conventional proposal, with larger and fewer lots.  He expressed concern for the visual impact of the subdivision.

 

Ralph Pascucci said that three acres with a retention pond is not what the Town wants for a park. He said that he has never liked the proposal for the 2 lots on the opposite side of the parcel which includes the estate lot.

 

There followed a discussion on current Town zoning requirements and the type of soil on the parcel. 

 

Ralph Pascucci asked Mr. Villaume if there is a way to preserve the rural character of that area.

 

Chairman Ian Murray directed Mr. Villaume to return with a conventional subdivision plan.  Paul Griffen asked for a plan that meets all Town requirements, which puts the houses at the back of the property.  He noted that more than one road would have to be put in due to the presence of DEC wetlands.

RETURNING

 

Special Use Permits

 

Thomas Carringi, Applicant

1236B Rte 9P

Saratoga Springs, NY  12866

S/B/L 193.06-1-46.11 Lake Commercial

 

Returning Applicant, owner of Point Breeze Marina Storage, proposes to add a third storage barn to his .2.93+/- acre parcel on 9P for use as storage related to the marina:  inside boat storage, boat trailers, and outboard engines. 

 

Mr. Carringi appeared with his engineer, Jeff Piro, to explain the proposed building plans to the Board.  The building will be 50’x175’.  Mr. Piro said the stormwater management plan contains a good gravel plan which will be better than asphalt.  Mr. Piro said that construction will disturb much less than an acre of land and that the stormwater management plan refers to the entire parcel.  He added that the notice of intent will be forwarded to DEC once Town Engineer Kenneth Martin has approved the plan.

 

In response to a question from Robert Park regarding access, Mr. Carringi explained that owner access to the storage area is restricted and that the area is fenced in.  The conditions attached to the original Special Use Permit are listed on the map. 

 

There followed a discussion comparing Mr. Carringi’s operation with that of Michael Giovanone.

 

Mr. Carringi said that he would like to have electricity in the building for security lights.  Paul Griffen explained the new Town regulations that require down-lighting to prevent spillage onto neighboring properties.

 

Proof of notice having been furnished by newspaper on August 22, 2006, Chairman Ian Murray opened the Public Hearing at 9:11 p.m., asking that anyone having comments provide their name, address, and state whether they were for or against the proposal.

 

Paul Hladik—neither for nor against.  Mr. Hladik raised concerns about drainage from the property. 

Mr. Piro explained that swales are being installed and the runoff will be slower and will be   contained.  No filling will be done and the drainage will go to wetlands. 

 

Stephen Bodnar—For.  In response to a question from Mr. Bodnar, Mr. Carringi stated that the new building would contain 50 boats, bringing the total storage available to 110-120 boats.  Mr. Bodnar said this is an excellent use of the property.

 

All those wishing to speak having done so, the Public Hearing was closed at 9:22 p.m.

 

Chairman Ian Murray asked the Board if they had any further questions.  There were none.

 

Chairman Ian Murray made a motion to approve the application, with the following conditions:  a final review by Town Engineer Kenneth Martin; a continuation of the current operating conditions; the enhancement of the buffer; and, enhanced lighting in accordance with the Town’s new lighting requirements.  The motion was seconded by Ralph Pascucci.  Chairman Ian Murray – aye, Susan Cummings – aye, Robert Park – aye, Ralph Pascucci – aye, Paul Griffen – aye, Patrick Hanehan – aye, and Robert McConnell – aye. Carried 7 – 0.  GRANTED

 

SBA Network Services, Inc., Applicant

5900 Broken Sound Parkway, NW

Boca Raton, FL  33487-2797

S/B/L 169-1-64 Rural

 

Returning Applicant is seeking a special use permit to construct an unmanned telecommunications facility on Hayes Road 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. 

 

Shane Newell appeared on behalf of the Applicant, providing the dates for the second balloon float.

 

Chairman Ian Murray introduced Dean Long of the LA Group, the Town’s consultant in this matter. Mr. Long provided a memorandum detailing his review of the application and listing his recommendations to the Board.  The memorandum is contained in the permanent file.  Mr. Long suggested that the Planning Board should consider both proposed towers simultaneously in determining actual need; therefore, he requested that the radio frequency analyses of the towers be merged.

 

There followed a discussion on the types and size of equipment housing used by various carriers.

 

Mr. Newell said that he would have someone work with Mr. Long to obtain photos during the balloon floats.  He said he would review Mr. Long’s memorandum and respond at a later date. He also clarified that the Applicant is seeking approval to construct the tower, but would not ask for a building permit until it actually has a tenant.  Mr. Newell said that he is awaiting a response from SHPPO and from the FAA on the project.

 

Proof of notice having been furnished by newspaper on August 22, 2006, Chairman Ian Murray opened the Public Hearing at 10:04 p.m., asking that anyone having comments provide their name, address, and state whether they were for or against the proposal.

 

No one appeared to speak regarding the proposal; the Public Hearing was closed at 10:05 p.m.

Patrick Hanehan asked whether the pole could be made shorter given the fact that there are only three carriers in this area:  Verizon, Cingular, and Nextel.  Mr. Newell explained that it is possible to construct a tower suitable for an addition later on, but the addition would have to be added at the top, which might create problems with other tenants already on the pole.

 

There followed a discussion on the best way for the Board members to cover the balloon float and which sites to view it from.

 

Chairman Ian Murray asked the Board if they had any further questions.  There were none.

RETURNING

 

SBA Network Services, Inc., Applicant

5900 Broken Sound Parkway, NW

Boca Raton, FL  33487-2797

S/B/L 183-1-49 Rural

 

Returning Applicant is seeking a special use permit to construct an unmanned telecommunications facility in Coveville 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 owned by Victor and Janine Gennett.

 

Shane Newell provided a site plan and indicated where the owner’s residence is on the property. 

Mr. Long noted that the proposed tower is not located far enough from the residence and the property lines to avoid damage caused by falling ice or other debris.  The setback from the property line must be the height of the tower.  Rather than go through the process of trying to obtain a variance, Mr. Newell said that the proposed tower would be moved back to meet the required setback. 

 

There followed a discussion as to whether Garnsey’s airport, located in Coveville, is regulated by the FAA and therefore included in the FAA’s review of the project.  The tower might then have to be lighted.  Mr. Long said he would check into the situation. Mr. Newell expected a response from the FAA by the September Board meeting.

 

Proof of notice having been furnished by newspaper on August 22, 2006, Chairman Ian Murray opened the Public Hearing at 10:18 p.m., asking that anyone having comments provide their name, address, and state whether they were for or against the proposal.

 

Stephen Bodnar—Mr. Bodnar wanted to know why the public hearing was being held before the balloon float.  Chairman Ian Murray explained that the Board wanted to give the public the opportunity to ask questions or comments before the balloon float and to use the meeting as an additional opportunity to provide notice of the balloon float.  He said that additional public notice would be provided regarding the balloon float and another public hearing will be held later.

 

All those wishing to speak having done so, the Public Hearing was closed at 10.21 p.m.

 

Chairman Ian Murray asked the Board if they had any further questions.  There were none.

RETURNING

 

Kimberly Wilbur & Donald Neubauer, Jr., Applicants      

57 Pryn Hill Rd.

Mechanicville, NY  12118

S/B/L 183.-1-30.1 Conservancy

 

Returning Applicants are seeking a special use permit to operate a marina on their property in Coveville.  Applicants did not appear; therefore, the item was tabled until the September meeting.  TABLED

 

Old Business: Paul Griffen was concerned that the ZAAC material is not moving forward.  He said that a couple more open meetings should be adequate, then the amendments could be rewritten and the work could be completed.  Chairman Ian Murray agreed with his assessment of the situation.

 

New Business:  None

 

The next meeting will be September 27, 2006. 

 

A motion to adjourn was made at 10:37 p.m. by Paul Griffen, and seconded by Ralph Pascucci. Chairman Ian Murray – aye, Susan Cummings – aye, Paul Griffen – aye, Robert Park – aye, Patrick Hanehan – aye, Ralph Pascucci – aye, and Robert McConnell – aye. Carried 7 – 0.

 

 

Respectfully submitted,

 

Catherine E. Cicero

Planning Clerk

 

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