TOWN OF SARATOGA
PLANNING BOARD
MINUTES -
DRAFT
FEBRUARY 25,
2004
7:30 PM
Chairman
Ian Murray called the meeting to order at 7:40 p.m.
Clerk
Ruth Drumm called the roll. Chairman
Ian Murray – present, Susan Cummings –
absent, Ralph Pascucci – present, Albert Baker – absent, Paul Griffen – absent,
Laurie Griffen – absent, Robert Park – present, and Alternate Barney Drumm –
present
Approval
of Minutes: All board members present had read the minutes of the January 27,
2004 meeting. A motion was made by Ralph Pascucci and seconded by Barney Drumm
to accept the minutes of January 27, 2004 as written. Chairman Ian Murray – aye, Ralph Pascucci –
aye, Robert Park - aye, and Barney Drumm - aye. Carried 4-0
Applicants:
#04-03: John F. & Laurel J. Deyoe
297 County Rd. 68
Saratoga Springs, NY 12866
Applicant
seeking a two-lot subdivision and a lot line adjustment on 5.32 acres at 297
County Route 68, Town of Saratoga. Rural District, S/B/L: 168-2-68.2. John
Deyoe addressed the board stating that he was seeking the two-lot subdivision,
one lot for his son of 5 +/- acres and a lot-line adjustment, of .175 acre, for
Nicholas and Lisa Schwartz. Chairman
Ian Murray inquired if the site distance on the corner was adequate and John
Deyoe replied that he has a letter from Ted Serbalik stating that it’s
O.K. John Deyoe noted that the curb cut
permits have been applied for, Paul Male had done the perc test and the deep
pit test with the results meeting the requirements of a conventional septic
system. John Deyoe provided proof that
the nine neighbors had been notified.
Chairman Ian Murray noted that the map needs and Ag Statement on it and
Town Engineer Ken Martin provided the wording for it. It was also mentioned that the map needs the surveyor’s
stamp.
Proof
of notice having been furnished a Public
Hearing was held. No one came
forward, for or against, this case.
A
motion was introduced by Ralph Pascucci to approve the two-lot subdivision and
lot-line adjustment contingent on the Town Engineer’s review, the Ag statement
and the surveyor’s stamp being placed on the map. Robert Park seconded this. Chairman Ian Murray – aye, Ralph
Pascucci – aye, Robert Park - aye, Laurie Griffen – abstain, and Barney Drumm -
aye. Carried 4 -1 GRANTED with contingencies.
(Laurie Griffen arrived at 7:50 p.m.)
#04-05: William Patenaude
41 Lake St, P.O. Box 784
Stillwater, NY 12170
and
30 Champlain Av.
Mechanicville, NY 12118
Applicants
seeking a two-lot subdivision, equally dividing 59.24 acres at 771 and 773
Route 4 South, Town of Saratoga. Rural District, S/B/L: 208-1-23, 209-1-4.13, and a portion of 209-1-6. Andrew and William Patenaude addressed
the board regarding the two-lot subdivision with two homes to be built. Ian Murray stated that the shared driveway
may be an obstacle because there is no provision in the regulations for shared
driveways at this time but it is an issue that needs to be addressed. Andrew
Patenaude stated that the County is encouraging shared driveways and Ian Murray
agreed. Ian Murray stated that the
board has a copy of a common driveway maintenance agreement, which needs to be
reviewed by the town attorney. Andrew
Patenaude stated that they cleared three acres of land to build the driveway
and hoped not to be required to clear an additional three acres to accommodate
a second driveway. The driveway has
emergency pull-offs every 200’ and is wide enough for emergency vehicles to
pass (12 to 13’ wide) and for snow removal. They have a full permanent easement
to the driveway. Ian Murray asked if a
second driveway is feasible in case problems arose in the future and they
replied that one could be built. Andrew
Patenaude stated that all the neighbors were notified. He commented that an Engineered System is
needed and there is room for the systems.
Ralph Pascucci stated that the system must be designed before the map is
approved. Ian Murray asked if there was
an existing curb cut onto Route 4 and the Patenaude’s replied that there was
and there was a small bridge over the canal also. The Patenaude’s purchased a portion of the canal in front of
their property. Ian Murray remarked
that they should come back next month with the final plan that includes the
buildable envelope, perc and deep hole tests, the engineered system, an ag
statement and a DEC erosion control note on the map.
Proof
of notice having been furnished a Public
Hearing was held. No one came
forward, for or against, this case.
Michael Giovanone,
applicant, Garry
Robinson, consulting engineer
1427 Route 9P
Saratoga
Springs, NY 12866
Michael
Giovanone, Applicant, represented by Garry Robinson, P.E., consulting
engineer. Applicant is seeking a
special permit for multi-family housing located on Route 9P in the Lake Commercial District. (S/B/L
193.06-1-2)
Garry
Robinson, returning with changes, presented a design with two buildings, 16
units in each, for a total of 32 units and a three building design consisting
of two buildings with 12 units each and a third with 8 units. Garry Robinson pointed out that they added
additional parking spaces and more room for emergency vehicles. Chairman Ian Murray stated that the board
had received a recommendation to disapprove the proposed plan from the County
Planning Board because the County Sewer System does not currently have
sufficient capacity to service the multi-family project. Garry Robinson said
that he will talk again to Jim DiPasquale of the Saratoga County Sewer District
tomorrow. Ralph Pascucci suggested that
he get a letter from the SCSD stating that they are able to handle the proposed
project. It was also suggested by Ian
Murray, with the county’s direction, that he submits proof of a storm water
pollution prevention plan, a potable water supply and sewer capacity before it
goes any farther. Ralph Pascucci
expressed concerns about fire emergencies with no provisions to get behind the
buildings; Garry Robinson stated that there would be access to the back for
construction and that the setbacks and regulations are met. Ian Murray had done a site visit and
expressed concerns that the project is still too excessive for the amount of
usable land, about 4 acres, and if the rear area could be used the buildings
could be spread out with less clustering. It was suggested that the board would
need a site visit. Garry Robinson will
contact the board with a time. TABLED
Timothy Banks & Roderick
Valente, R J Valente Gravel, Inc.
8
Jennifer Dr.
Wynantskill,
NY 12198
Seeking
a special permit for establishment of mining use for the surface mining of sand
on 49.02 acres located NYS Route 29. Rural
Residential District, S/B/L
155.-1-27.1
Tim Banks addressed the board and presented the board with
a mining plan map and a reclamation plan map along with the mining plan booklet. He proposed mining the property from front
to back, leaving a vegetative buffer as a screen to the mining operations.
Chairman Ian Murray questioned when the mining permit was applied for and if
the SEQR process was started. Tim Banks
replied he applied for the permit in 1991 and is meeting with DEC tomorrow at
the site at 1:30 p.m. and he will be resubmitting to the state and starting the
SEQR process. Tim Banks estimated that
there are one million yards of sand available and that it could take ten to
thirty years to mine it all, depending on market demand. He stated that there will be a 100’ buffer
to protect the neighbors and that DEC only requires 25’. He also added that DEC regulates the slopes
and buffers. The access to the site is
also a concern. The County recommended
using Louden Road but the board did not agree that Louden Road was feasible for
the large weighted trucks and it was agreed that a site visit is needed. Tim Banks mentioned that most westbound
trucks would use Route 29 to Weibel Avenue to Exit 15 of the Northway and would
definitely avoid the City of Saratoga Springs.
Eastbound trucks would use Route 29 to Routes 4 & 32. Tim Banks would like a site visit with the
Planning Board members and DEC representatives present. Tim Banks will call Ruth Drumm, Planning
Board Clerk, with a time once coordinated with DEC. Ralph Pascucci mentioned that a final plan for topography is
also needed. TABLED
Case #04-01: Robert L. and
Jean Tarrant,
Applicants
41 Cliffside Drive
Saratoga Springs, NY
12866 (S/B/L 167-1-16, Conservancy
District)
Applicant
is seeking a Special Use Permit to establish a marina on 1.69 acres fronting Fish
Creek off County Road 68. A rowing center will be at this location. Applicant appeared at the January meeting
and is returning with a revised plan. Robert Tarrant addressed the board with a
revised plan. Chairman Ian Murray noted that the plan left the remaining two
parcels belonging to Mr. Charbonneau and his daughter landlocked but with a
right- of -way easement. Attorney Dean
Coon, representing the owners, came forward and the board explained a better
way to divide the parcels to avoid producing the landlocked parcels. It was suggested that a portion of the lands
of Edward Charbonneau be combined with Parcel 2 to provide it frontage, and
then combine the remainder with the lands of Sandra Dalzell and Denise Tefoe,
providing access to their parcel.
Attorney Dean Coon agreed to rework the plan to correct the bad
situation and present it to his clients.
Robert Tarrant will need to go to the Zoning Board of Appeals for a
variance for area and sidelines, since he doesn’t have the required 3 acres for
a marina. He can then reapply to the
Planning Board for a subdivision to improve a nonconforming, preexisting use
and for a Special Use Permit for the marina.
A motion to deny the Special
Use Permit for a marina, with a positive recommendation to the Zoning Board of
Appeals for the area variance needed was introduced by Ralph Pascucci and
seconded by Laurie Griffen. Chairman Ian Murray – aye, Ralph Pascucci – aye,
Robert Park - aye, Laurie Griffen – aye, and Barney Drumm - aye. Carried 5 – 0 DENIED
Witt
Construction ANW Holdings, Inc., Owner
563
North Broadway 194
Woodlawn Avenue
Saratoga
Springs, NY 12866 Saratoga
Springs, NY 12866
Applicant
proposes a residential conservation subdivision of 9.31+/- acres at 29 Brown
Road, Town of Saratoga, into 3 lots of 1.4+/- acres each with 5.025 acres
remaining open. Rural District 2, S/B/L
206-1-38 Dave Carr from the LA
Group presented the residential conservation subdivision plan to the
board. Ralph Pascucci suggested that
they move the homes back from the road as far as possible and Dave Carr
responded that they could be moved back further. Dave Carr covered the options that exist for the use of the 5.025
acres of open space. He mentioned that
one option is for the Town to take it over, but both Chairman Ian Murray and
Ralph Pascucci stated that the Town does not want to take it over. The second option is for a Homeowner’s
association to take it over and the third and last option would be to include
the open space with one of the parcels with a stipulation in the deed that it
remains forever wild. It was noted that
this would be the best solution. Ralph
Pascucci stated that the homes need to be sited on the plan. Dave Carr suggested a site visit by the board. Ian Murray noted that the 9.31 acres does
not meet the criteria of a conservation subdivision since 10 acres are required
and that he will ask the town attorney’s advice on the matter. He mentioned that the applicant might need
to go to the Zoning Board of Appeals for an area variance. Applicant will return.
Proof
of notice having been furnished a Public
Hearing was held.
The following spoke against the subdivision:
Judi McSweeney, 3 Hill Road, Stillwater,
was concerned about the closeness of the homes to her adjoining property. The board explained the concept of
Conservation Subdivisions.
The
following asked questions of the
board:
John Borel spoke regarding concerns
over the effect on the water table and the board replied that the wells don’t
have much impact with only residential use. He also asked if there were any
lighting regulations in the town. He
was told that if there was a problem with excessive lighting that he should
call our Zoning Officer, Robert Hathaway.
Vivian Wills, 91 Brown Road, Stillwater, addressed the board with general
questions on the development rights of landowners.
Al Macica, Stillwater and Saratoga,
spoke regarding the number of homes that could be built on the property at
Brown Road and the board mentioned that even without the Conservation
Subdivision the applicant meets the requirements for three homes, and with a
road, four homes.
Dave
Carr stated that he is willing to meet with the neighbors and work with them.
Sketch Plan
Review – Subdivision
Barlok & Roohan, Applicants E.M. Mease, Owner
519
Broadway 130 Southard Rd.
Saratoga
Springs, NY 12866 Saratoga
Springs, NY 12866
Applicant
proposes a 21-lot conservation subdivision on 65.62 acres on Southard Rd, with
5.71 acres being retained by the current owner and 31+/- acres of
greenspace. Rural District, S/B/L 181-1-12.1
Dave Carr of the LA Group, presented the conservation subdivision
plan to the board. It consisted of 7
homes on the north side and 14 homes on the south side of Southard Road. Dave Carr pointed out that they kept a 100’
buffer on both sides of Southard Road with a 75’ buffer around the complete
project. He noted that the parcels are
about an acre each and there are no steep slopes or mapped wetlands. He mentioned that custom homes would be
built. Chairman Ian Murray disclosed
that he has worked for Tom Roohan in the past and for Alexander Aldridge, a
Southard Road resident. Dave Carr noted
that the 31 acres of greenspace is over 50% of the buildable acreage and it
will hopefully continue to be farmed. Ralph Pascucci suggested that fewer
houses be built and that possibly they could use a shared driveway for the two
lots north of Mrs. Mease’s house. He
also suggested that the access road on the north side of Southard Road be moved
to the curve of the road, which will create less road and will no longer be
going through the open space. There was
discussion on moving the roadways, fewer roadways and fewer homes, with relief
needed from the required 800’ of road for a cul-de-sac. It was mentioned that a Zoning Code change
may be required to do that and that would be up to the Town Board. Supervisor Thomas Wood should be contacted.
Chairman Ian Murray polled
the board and it was agreed that a site visit would be helpful. Ian Murray will arrange for the site visit
with Dave Carr. TABLED
Saratoga
Springs, NY 12866
Lorraine
Angelo addressed the board asking if she could replace the existing apartment
houses at 28, 29 and 30 Saratoga Lake Road with five Townhouses. Ralph Pascucci
replied that Townhouses are a permitted use, but require a minimum of 1 acre
per Townhouse and she has only approximately three-quarters of an acre. He noted that she could tear down the
existing apartment houses and build one family homes on the same footprint, or
if she had at least one acre, she could remove the existing apartments and
construct a Townhouse with up to 4 units in it. She stated that there is a
possibility of acquiring additional property that would give her the acre of
land needed for the Townhouse.
Sketch Plan
Review – Subdivision
295
Fitch Rd.
Saratoga
Springs, NY 12866
Applicant
is seeking to separate an acre lot for his daughter from the present parcel on
County Rd. 70. The board explained that
it would leave a 109 +/- acre parcel without the 300 feet of continuous road
frontage required. A motion was made by
Ralph Pascucci and seconded by Barney Drumm to deny the proposed subdivision
with a positive recommendation to the Zoning Board of Appeals for an area
variance. Chairman Ian Murray – aye, Ralph Pascucci – aye, Robert Park - aye,
Laurie Griffen – aye, and Barney Drumm - aye.
Carried 5 – 0 DENIED
Old Business: Engineer Ken Martin mentioned that he has been contacted
by Russ Hayter and Amy Walsh in regards to a subdivision application from
April, 2000. It was determined at that
time that the subdivision needed an area variance and they were sent to the ZBA
where it was determined on September 25, 2000, with the advice from the town
attorney and with the relocation of the right-of-way that a variance would not
be needed. They did not return to the
Planning Board for the final subdivision approval. It was determined that they will now need to reapply for the
subdivision.
Ralph
Pascucci asked Ken Martin how the Nielson Landing development construction is
coming. There have been problems with
erosion control, among other things, and a stop work order had been issued for
one week. It was noted that another
stop work order might be needed.
New Business: Chairman Ian Murray
expressed the need for a December meeting in the future. He mentioned that the planning board is
becoming increasingly busy and the two- month gap from November to January is
too long. After some discussion with
the board members present it was decided to discuss this again at the next
meeting.
The
next meeting will be Wednesday, March 24, 2004 at 7:30 p.m.
A motion to adjourn was made at 11:35 p.m. by Ralph Pascucci and seconded by
Laurie Griffen. Chairman Ian Murray – aye, Ralph Pascucci – aye, Barney Drumm –
aye, Robert Park - aye, and Laurie Griffen - aye. Carried 5-0
Respectfully
submitted,
Ruth
L. Drumm
Clerk