TOWN OF SARATOGA
PLANNING BOARD
MINUTES
January 23,
2008 - 7:30 PM
Chairman
Ian Murray called the meeting to order at 7:34 p.m.
Planning
Clerk Linda McCabe called the roll.
Chairman Ian Murray – present, Ralph Pascucci – absent, Paul Griffen –absent,
Robert Park – present, Laurie Griffen – present, Patrick Hanehan – present,
Robert McConnell – present, and Alternate Jennifer Koval – present.
Approval
of Minutes: A motion was made by Laurie
Griffin, and seconded by Patrick Hanehan to accept the minutes of the December
19, 2007 meeting as written. Chairman Ian Murray – aye, Robert Park – aye, Paul
Griffen – absent, Robert McConnell – aye, Laurie Griffen – aye, Ralph Pascucci
– absent, Patrick Hanehan – aye.
Carried 5 - 0.
Chairman Ian Murray made a motion, seconded by Laurie
Griffin, to elevate Alternate Jennifer Koval to full Board Member due to the
absence of Paul Griffin and Ralph
Pascucci. Chairman Ian Murray – aye, Robert Park – aye, Paul Griffen –
absent, and Robert McConnell – aye, Ralph Pascucci – absent, Laurie Griffin –
aye, Patrick Hanehan –aye.
Carried 5 – 0.
Board Member Ralph Pascucci
arrived late; 7:39 p.m.
Order of Business:
Subdivisions
Saratoga Farms, Inc./Taras, Applicant
173 Co. Rd. 69
Schuylerville, NY
12871
S/B/L 182.-2-23 Rural
Returning Applicant proposes
a 35 unit subdivision of single family homes on County Road 69 and Casey
Road. Thirty four lots will range in
size from approximately 1 to 3 acres.
The thirty-fifth lot will be approximately 58 acres in size, with a
defined building envelope. The remaining
lands within that lot will be deed restricted and preserved as open space. The returning applicant is providing the
Board with an informational update and hydro-geologic evaluation on this
project. Public Hearing Continued
Attorney Robert Pulsifer and
Gavin Villaume of Environmental Design Partnership, LLP, appeared before the
Board on behalf of the Applicant. Mr.
Pulsifer stated they were here to address all the questions the Board and Town
Engineer Ken Martin had asked of them.
Gavin Villaume added they went over things at the workshop meeting and
asked Town Engineer Ken Martin if he had any more questions. Town Engineer Ken Martin stated he felt they
have answered all the questions put forth by the Board at the workshop
meeting. Laurie Griffin stated that lot
23 is not above 40,000 ft. so they will need to make some adjustments
there. Gavin Villaume stated they will
make that correction. Chairman Ian
Murray asked if there were any other questions. Chairman Ian Murray noted that there was no note for the existing
house and barns on lot 16 to be removed and would like that language on there,
and for lot 33 he would like to see the maintenance language on the map and on
the deed; the Planning Board will supply the language to Gavin Villaume, who
will see that the language is added.
Mr. Pulsifer stated he had a meeting with Chairman Ian Murray, Town
Engineer Ken Martin and his Applicant’s engineers on nitrate concerns. Mr. Pulsifer stated that D.O.H. has
jurisdiction on this, however, the Town of Saratoga Planning Board has concerns
and would like to make conditions better for those four existing homes there,
above and beyond what state standards may be.
Mr. Pulsifer also stated that Chairman Ian Murray spoke with them about
different solutions/options they can do to help the four existing homes. After reviewing the information provided us,
we are offering a remedy for the nitrate concerns of the four existing homes,
although it is above and beyond what we are legally required to do. Mr. Walt Taras has agreed to install a
reverse osmosis filtration system in each kitchen, at a cost of $1,100.00 each,
for those four homes. Chairman Ian
Murray stated information was provided to Town Engineer Ken Martin and they
felt this was a good mitigating measure and would help ease the process as far
as impacts on nitrates and help close out SEQR. Town Engineer Ken Martin mentioned that testing is recommended
prior to installation of that system and he would like to review those
results. Mr. Pulsifer agreed. He then
stated they will make the offer to the homeowners, but the homeowners don’t
have to accept, though they would like it if they do accept. If they choose not to accept, then Mr.
Pulsifer feels they have done everything they can. Chairman Ian Murray stated that the Planning Board cannot enforce
this, but this is a good mitigating measure on their behalf, and he certainly
hopes the homeowners do accept. Chairman Ian Murray asked if the Board had any
more questions for the Applicant; there were none.
Chairman Ian Murray stated that the Public Hearing on
this application is still open. Chairman Ian Murray continued the Public
Hearing on the Preliminary Plans at 7:46 pm.,
stating he would like to limit comments to 3 minutes since there has
been a lot of information given at all of the Public Hearings on this
application, and for those wishing to speak, please state their name and
address.
Tim Raymond,
196 Casey Rd., stated his concerns on ground water, nitrates and seasonal high
water tables. He stated that the Board should not put this
to D.O.H responsibility. He also
thanked the Board for listening to him.
Chairman Ian Murray responded that D.O.H. has control of those issues for realty
subdivisions and they will act on all that.
He also stated the Board doesn’t want to overstep it’s boundaries by
assuming D.O.H. regulations, having to enforce them, and having the Town assume
responsibility. We will furnish D.O.H.
everything: all the information from
the Applicant, all the information that Town Engineer Ken Martin has compiled,
all the information the Board has compiled, the information you have furnished;
including the information given just prior to our meeting tonight, and
information supplied by other neighbors.
D.O. H. will take into consideration all this information when they do
their review for sanitary systems, potable water and ground water conditions on
the project. All this information will
be included in the package going to D.O. H.
Chairman Ian Murray thanked Tim for all the information he provided the
Board.
Andrew Sheeran,
Co. Rd. 69, thanked the Board for all their hard work on this application.
Chairman Ian Murray asked if
anyone else would like to speak; no one came forward.
Chairman Ian Murray closed the Public Hearing at 7:50
PM.
Chairman Ian Murray asked if
there were any more questions from the Board, there were none.
Chairman Ian Murray made a motion, seconded by Robert
Park, to declare SEQR complete and to make a Negative Declaration on this
project. Chairman Ian Murray-aye, Laurie Griffin-aye, Robert
McConnell-aye, Paul Griffin – absent, Robert Park-aye, Ralph Pascucci-aye,
Patrick Hanehan-aye, Jennifer Koval-aye.
Carried 7-0
Chairman Ian Murray then
stated the first order of action of business is to have a motion for
preliminary approval on this project.
A motion was made by Laurie Griffin, seconded by
Robert Park, for Preliminary Approval. Chairman Ian Murray-aye, Laurie Griffin-aye, Robert
McConnell-aye, Paul Griffin – absent, Robert Park-aye, Ralph Pascucci-aye,
Patrick Hanehan-aye, Jennifer Koval-aye.
Carried 7-0 Granted
A motion was made by Chairman Ian Murray, seconded by
Robert Park, for Conditional Final Approval of this project. Conditions are as follow:
1. Complete
review by D.O.H.; we will supply them with all the information we have
compiled along with all the information that has been provided us.
2. Review by
D.E.C. for SWPPP.
3. The
Applicant is to send a letter offering the filtration system to the residents
of the four homes on Casey Rd. within one month. It is up to each resident of
those four homes to choose to accept or not; we do not have to enforce this.
For the residents accepting, they need to notify the Applicant within six
months upon receiving the offer letter.
4. There
will be a review by Town Engineer Ken Martin on the testing of the four lots on
Casey Rd. for those who want the filtration system offered by this Applicant.
5. Final
review and sign off by Town Engineer Ken Martin.
Roll Call Vote on this motion: Chairman Ian Murray – aye, Laurie Griffin –
aye, Robert McConnell –aye, Robert Park – aye, Patrick Hanehan – no, Ralph
Pascucci – aye, Jennifer Koval – no. Carried 5-2 Granted
Roll Call Vote Comments:
Chairman Ian Murray-aye I do this reluctantly, only by design. Everyone knows how I feel. How the process went through, I thought
there was a better application we could have come up with for the conservation
subdivision design, but unfortunately the balance of the board didn’t think
that and we went a different direction and here we are today. I want to say I respect the Applicant’s
right to develop his land, secondly all the engineering is correct and
complete. I feel that they’ve done a
great job on it thus far. My only fault
with this is the design.
Laurie Griffin-aye
Robert McConnell-aye
Robert Park-aye
Patrick Hanehan-no I have great concerns. The
flooding on Casey Rd. is one, secondly the nitrate levels and thirdly the
design.
Ralph Pascucci-aye Same comments as Ian. Until the
Town comes up with creative solutions for conservation subdivision designs; we
made the rules and everything is happening within the rules, all the “I s” are
dotted and “T s” are crossed.
Jennifer Koval-no for the same outlined reasons; design and my concerns about density on
the soil.
Old Business: Renewable Special Use Permit:
James & Elena Grotto
946 Rt. 29
Saratoga Springs, NY 12866
S/B/L 156-1-24
This Special Use Permit was
originally granted 11/24/04, for retail sales.
The Board read the remarks of
the Zoning Officer and noting the Applicant has not met the conditions set
forth by this Board over the past three years, the Board has decided to table
this until the Feb. 27th, 2008 meeting. A letter will be sent to
this Applicant to appear at the Feb. 27, 2008 meeting.
A motion was made by Robert Park, seconded by Laurie
Griffin to Table this until next month. Chairman Ian Murray-aye, Laurie Griffin-aye,
Robert McConnell-aye, Paul Griffin – absent, Robert Park-aye, Ralph
Pascucci-aye, Patrick Hanehan-aye, Jennifer Koval-aye. Carried
7-0
New Business: Signage: The Board had a lengthy discussion on
subdivision entrance signs, sign laws and our sign regulations.
The next meeting
will be February 27, 2008
A motion to adjourn was made at 8:40 p.m. by Chairman Ian
Murray, and seconded by Laurie Griffin. Chairman Ian Murray – aye, Robert
Park – aye, Laurie Griffin – aye, Paul Griffen – absent, Ralph Pascucci – aye, Patrick Hanehan – aye,
Robert McConnell – aye, Jennifer Koval – aye.
Carried 7 – 0
Respectfully
submitted,
Linda
McCabe
Planning Clerk