TOWN OF SARATOGA

PLANNING BOARD

MINUTES - DRAFT

January 24, 2007 - 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, Ralph Pascucci – present, Paul Griffen – absent, Robert Park – present, Laurie Griffen – present, Patrick Hanehan – present, Robert McConnell – present, and Alternate Jennifer Koval – present. 

Also attending: Town Supervisor Tom Wood, Town Engineer Kenneth Martin, and 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 December 19, 2006 meeting. A motion was made by Robert Park, seconded by Patrick Hanehan, to accept the minutes of December 19, 2006 as written. Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – aye, Ralph Pascucci – aye, and Robert McConnell – aye. Laurie Griffen abstained from the vote because she wasn’t present at that meeting.  Carried 5 – 0.

 

Chairman Ian Murray made a motion, seconded by Laurie Griffen, to elevate Alternate Jennifer Koval to voting status due to the absence of Paul Griffen.  Chairman Ian Murray – aye, Robert Park – aye, Laurie Griffen – aye, Patrick Hanehan – aye, Ralph Pascucci – aye, and Robert McConnell – aye.  Carried 6 – 0.

 

Order of Business:

 

Compliance

 

Harold Reiser III

1120 Rte 29

Schuylerville, NY  12871

S/B/L 156.-3-11 Rural Residential

 

Mr. Reiser appeared to discuss compliance with Town ordinances regarding several businesses located on his property, explaining that he has leased out commercial space in the front building on the property to an attorney and an accountant, and rented the guest cottage behind the commercial building. The large house is vacant.  There is a sign advertising the services of the professional painter who occupies the guest cottage, but Mr. Reiser said that the painter has no clients stopping to buy paint products.

 

Mr. Reiser was granted a Special Use Permit in October 2004 for a dance studio in the front building; however, no dance studio ever occupied the building and it remained empty until this year.  He said the he did not know that the Special Use Permit would not apply to his current tenants.

 

In response to a question from Laurie Griffen, Mr. Reiser said that, although the large house is currently vacant, he intends to eventually put in apartments.

Ralph Pascucci stated that, when the Board granted the Special Use Permit for the dance studio Mr. Reiser was living in the guest cottage, so the issue of mixed use of the property did not arise.  With the rental of the guest cottage, however, there is now a mixed use of the property.

 

Mr. Reiser said that there is less traffic impact from the current use of the property than there would have been from the dance studio, adding that there are only 3 or 4 cars in the parking lot at any given time.

 

After a brief discussion, the Board members concluded that they do not have a problem with what Mr. Reiser is doing with the property, but he needs to come into compliance with Town Zoning Regulations.  Due to the mixed use of the property, they advised Mr. Reiser to apply to the Town Board for a Planned Unit Development.  Chairman Ian Murray stated that Mr. Reiser needs 3 acres for a commercial PUD; Mr. Reiser’s parcel is 4.9 acres.  Chairman Ian Murray advised Mr. Reiser to include his plans for the large house in the PUD application even if he has no plans to develop in the near future.

 

In response to a question from Laurie Griffen, Mr. Reiser said that he has a letter from the State DOT dating from his application for the dance studio SUP, which approves the existing driveway. 

 

Chairman Ian Murray said that the next step is for Mr. Reiser to file a PUD application with the Town Board. If the Town Board approves, the application would then be referred to the Planning Board for review.  ADVISED

 

Subdivisions

 

Douglas Lafferty, Applicant

407 County Route 68

Saratoga Springs, NY  12866

S/B/L 168.-2-55 Rural

 

Returning Applicant proposes to subdivide a 4.0+/- acre lot from a 10.809+/- parcel for a possible future residence.  TABLED AT THE REQUEST OF THE APPLICANT

 

David & Betty Larmon, Applicants

162 Burgoyne Road

Schuylerville, NY  12871

S/B/L 156-3-44 Rural

 

Returning Applicant is seeking a lot-line adjustment to move a boundary line which would convey open space to the adjacent lands of Fish Creek Rod & Gun Club, Inc. The application was before the Board in July of 2006.

 

James Vianna appeared on behalf of both the Applicant and the Gun Club, explaining that the survey of the lands to be transferred appears slightly different than what was represented to the Board in July.   Mr. Vianna said that the Gun Club is trying to combine parcels and eliminate land locked areas.  The Gun Club would convey the parcel transferred by the Larmons to itself to shift the property lines. However, part of the lands would still remain land locked.

 

The club intends to pay for the additional property by putting part of the parcel into a conservation easement and using part of the parcel as collateral for a bank loan.  The bank will put a lien on the portion of the Gun Club lands containing its buildings.  Mr. Vianna said that the building envelope on the property can be limited to approximately 5 acres surrounding the club house so there will be no further development on the lands.  He explained that no development is permitted on the conservation easement portion of the property.

 

Chairman Ian Murray noted that about 75% of the land the Gun Club is gaining is wetlands.

He then raised the issue of a land-locked parcel resulting from dividing the parcel for the bank loan since the new configuration has no frontage on Burgoyne Road, stating that he is awaiting advice from Town Attorney William Reynolds on this matter.

 

Mr. Vianna said that the Gun Club wouldn’t object to putting the entire parcel into a conservation easement, but is constrained by the bank at this time.  He said that, once the bank loan expires, the two parcels will be combined.  He added that the Gun Club would be “more than happy” to put deed restriction language on the parcel surveys.

 

Chairman Ian Murray concluded that the Board must take some action on this matter, but has to wait for a legal memorandum from Town Attorney William Reynolds.  Mr. Vianna said that he wouldn’t ask for the maps to be signed until they are finalized by Saratoga Plan and the bank. RETURNING

 

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.  Attorney Robert Pulsifer and Gavin Villaume of Environmental Design Partnership, LLC appeared on behalf of the Applicant and briefly recapped the proposal. 

 

Chairman Ian Murray had several questions regarding the most recent maps:

 

  1. p. 3—What are the setbacks for lots 33 & 34?  They need to meet the same setbacks set for the previous 4 lots.
  2. p. 3—Has EDP contacted National Grid?  Mr. Villaume said the utility wouldn’t look at the project until the final plans.  All electric in the subdivision will be underground.
  3. p. 4—The proposed stormwater plan is within the 100’ buffer.  Mr.Villaume said that DEC will determine whether the stormwater plan will have to be pulled back from the buffer area.  He said that DEC will probably issue a freshwater wetlands permit for that area because it is an existing condition.  He said that aerial photos will be provided to DEC to show that the existing pond has not been disturbed.
  4. p. 7—The grading has changed on lot 34, which is creating a damming situation that affects the 4 lots previously subdivided.  That needs to be addressed so flooding doesn’t occur.  Mr. Villaume described a possible solution that included an easement across the proposed subdivision property, and said the surface drainage would be looked at.  Ralph Pascucci commented that the surrounding property owners shouldn’t have to go to the expense of draining their property.  After looking at the map sheet, Mr. Villaume determined that there had been a drafting error, which would be corrected.
  5. Pursuant to discussions at previous meetings, the Town will not accept maintenance for any detention basin ponds.  They must be privately owned and maintained.  The Town will be given an easement to the basin in case of emergency.  Mr. Pulsifer said that no Home Owners Association is contemplated for maintenance of the basins.  Chairman Ian Murray pointed out that the particular basin under discussion affects one quarter of the subdivision.
  6. Town Engineer Kenneth Martin pointed out a potential problem with the basin on the corner of Casey Rd., stating that the groundwater elevations may affect the existing lots.  There followed a lengthy discussion on this problem and the use of wing curbs to channel stormwater drainage.  Town Engineer Kenneth Martin said that he is strongly against using wing curbs. Mr. Villaume explained that the flat terrain could cause groundwater to lay in ditches if culverts are used.  Town Highway Superintendent David Hall said that he has looked at the road with long-term maintenance in mind.  He recommended an open swale system, adding that, during the construction stage, sand can plug the detention basins. He added that developers don’t always properly maintain the roads during construction, and he is concerned about water flooding and freezing on the road in the winter. Mr. Villaume said the current plan uses both systems.  Currently, there is a grass swale on the corner of Casey Rd.

 

Mr. Pulsifer said that he has discussed signage with the BH Group, which prefers something permanent.  Ralph Pascucci said that is an aesthetic question that needs to be decided by the Board.  After a brief discussion, it was determined that the 911 system relies on street addresses rather than development names.  Robert McConnell commented that if the sign is tasteful and not gaudy, he has no problems with a permanent sign.  Mr. Villaume said that the BH Group would provide a sketch of the proposed sign.

 

Chairman Ian Murray asked the Board if there were any further questions; there were none.

 

Proof of notice having been furnished by newspaper on January 16, 2007, Chairman Ian Murray opened the Public Hearing at 8:24 p.m., asking that anyone having comments provide their name and state whether they were for or against the proposal.

 

Timothy Raymond—Comments regarding potential loss of water quality, higher levels of nitrates in the water, and increased stormwater run-off from the proposed development onto existing neighboring lots.  He asked if the existing trees could be retained as a visual buffer for the existing houses.  Mr. Raymond provided a written statement to the Board which has been made a part of the permanent file of this application.

Kathleen Zebrowski—Comments regarding possible detrimental affects of wells and septics of 10 new houses abutting her property on her 4-year-old point.

Andrew Sheeran—Requested that his well, which is located across the road from the proposed subdivision, be included in the well testing.  He agreed to allow agents for the testing onto his property and requested notice in advance.  Mr. Sheeran raised the issue of increased traffic and

resulting safety issues.

Michele McClure—Strongly against.  Ms. McClure said that the application has been “problematic.”

Attorney James Cox on behalf of Suzanne Sullivan—Presented and explained a traffic study prepared by Chazen Engineering, which raises questions regarding the traffic study prepared by Creighton Manning.  Mr. Cox questioned whether the road grading was taken into consideration when determining sight distances.  He added that truck traffic must be considered as well. A copy of the Chazen report has been made a part of the permanent file in this application.  Mr. Cox agreed to provide a copy of the report to Mr. Pulsifer.

 

Everyone wishing to speak having done so, the Public Hearing was closed at 9:01 p.m.

 

Ralph Pascucci said that if the potential sight distances are incorrect, then the schematics are wrong and must be reviewed.  He said if that is the case, it would be premature to grant the subdivision.

Laurie Griffen asked Mr. Pulsifer why the metal fence was still on the Taras property since Robert Park has asked that it be removed.  Mr. Pulsifer said that the fence would be removed when the project is begun. 

 

Chairman Ian Murray asked the Board if there were any further questions. There were none. RETURNING

 

Sketch-Plans

 

Arthur Kemmet, Applicant

183 River Road

Schuylerville, NY  12871

S/B/L 209.13-1-17 Conservancy

 

Returning Applicant is proposing a four lot subdivision on a 22.91+/- acre parcel situated primarily between NYS Rte 4 and River Road.  The parcel straddles Rte 4 and has additional frontage on Wilbur Road.

 

No one appeared on behalf of the Applicant.  Chairman Ian Murray stated that no new information has been provided, and that he and Town Engineer Kenneth Martin have reviewed FEMA maps to obtain flood plain elevations.  That information has been requested from the Applicant, but has not been provided.  Chairman Ian Murray noted that the entire parcel is situated within the flood plain.

 

Robert Park made a motion, seconded by Robert McConnell to table the application.  Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – aye, Ralph Pascucci – aye, Laurie Griffin – aye, Robert McConnell – aye, and Jennifer Koval – aye. Carried 7 – 0. TABLED

 

David and Jane Sheeran, Applicants

176 Burke Rd

Saratoga Springs, NY  12866

S/B/L 181-1-26 Rural

 

Applicants are proposing to subdivide a 34.39+/- acre parcel into four lots. An existing home will have a 2.4+/- acre lot, two lots will be 4.9+/- acres, and the remaining lot will be 22+/- acres.

 

James Vianna appeared on behalf of the Applicants, explaining that most of lot 4 is a field while the rest of the lots are primarily wooded.  He said that the Applicants are considering reconfiguring the lots so they have more uniform acreage; however, two of the resulting lots would have only 200’ of road frontage which does not meet Town Zoning Regulations.

 

There was a brief discussion on the use of shared driveways; Mr. Vianna said that the Applicants’ attorney can prepare paperwork for the shared driveway concept to forward to Town Attorney William Reynolds.  He added that there is excellent sight distance for the driveways.  Chairman Ian Murray said that he would ask the Town Board whether they would accept shared driveways.  Town Engineer Kenneth Martin said that he would forward the new Town driveway regulations to Mr. Vianna.

 

Mr. Vianna said that raised septics would be necessary on lots 1 and 4 due to the lack of suitable soil.  Town Engineer Kenneth Martin explained that Applicants must submit an engineered septic design specific to the subdivided lot.  The plans also have to be approved by NYS DOH once a building permit is obtained. The actual house plans do not have to be submitted, but the plans must be for a house that could conceivably be built on the lot. 

 

Ralph Pascucci made a motion, seconded by Patrick Hanehan, to deny the application and refer it to the Zoning Board of Appeals.  Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – aye, Ralph Pascucci – aye, Laurie Griffin – aye, Robert McConnell – aye, and Jennifer Koval – aye. Carried 7 – 0.  DENIED

 

Information

 

Annette Osher, owner of the Farmer’s Daughter on NYS Route 29, appeared before the board to discuss putting a pavilion on her property to protect her customers from the elements.

 

There followed a discussion on the most appropriate placement of the pavilion so that it did not encroach on the neighbors bordering on the east or on existing parking. 

 

Ralph Pascucci suggested that one exit be blocked to make egress safer, stating that Ms. Osher could widen the remaining exit and move the existing fence.  Arrows or signs could be used to direct traffic flow.

 

The Board determined that no site review would be necessary because Ms. Osher is not adding to the capacity of the business; just changing the schematics.  The Board also determined that the pavilion would be an accessory building under the Town Zoning Regulation definitions.

 

There followed a brief discussion on paving material for the parking area.  Ms. Osher said that she was looking into using crushed stone dust instead of asphalt, which becomes very hot in the summer.

 

Ms. Osher was referred to Town Zoning Officer Robert Hathaway for a building permit.

 

Old Business:

 

Barlok & Roohan, Applicants                               E.M. Mease, Owner          

519 Broadway                                                            130 Southard Rd.

Saratoga Springs, NY 12866                          Saratoga Springs, NY 12866

S/B/L 181-1-12.1 Rural District

 

In April, 2005, the Board granted an application for an 11-lot subdivision on 69.11 acres +/- on Southard Rd, with 5.596 acres +/- being retained by the current owner. The lots range from 4.29 acres +/- to 10.705 acres +/-. 

The New York State Supreme Court, Third Judicial Department of the Appellate Division, issued an opinion on December 14, 2006, affirming the Planning Board’s granting of the subdivision. 

 

Ms. Penelope Benson-Wright asked to read a statement to the Board regarding this matter.  Ms. Benson-Wright’s written statement is attached to the minutes in the Minute Book.

 

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 space at the tower base for antennas and equipment.  The proposed tower site property is owned by the Town of Saratoga.  ONGOING

 

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 space at the tower base for antennas and equipment.  The proposed tower site property is owned by Victor and Janine Gennett. ONGOING

 

Chairman Ian Murray asked the Board members if they had received the memos from Shane Newell, of SBA, and Dean Long, of the LA Group.

 

One-year Renewable Special Use Permits:

 

Zoning Officer Robert Hathaway has submitted recommendations on the following one-year renewable Special Use Permits:

1.  Gary & Sue Barbolt (granted 11/24/04)—make permanent.

       Chairman Ian Murray noted that the Applicants are in compliance and keep a “neat” place.  There have been no complaints regarding the business.  Robert Park made a motion, seconded by Laurie Griffen, to make the Special Use Permit permanent.  Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – aye, Ralph Pascucci – aye, Laurie Griffin – aye, Robert McConnell – aye, and Jennifer Koval – aye. Carried 7 – 0.  GRANTED

 

2.      James & Elena Grotto (granted 11/24/04)—make permanent.

    There was a discussion between Mr. Grotto and the Board regarding the installation of asphalt in the parking area.  Chairman Ian Murray recommended that Mr. Grotto use landscaping to correct the problem if he doesn’t want to use asphalt.  Mr. Grotto says that he will be putting in more rock and shrubs.  Mrs. Grotto added that the fencing will be moved back from the road by about 3’.   Chairman Ian Murray said that a blacktopped apron is necessary for the traffic going in and out of the parking area.

    There followed a discussion on when and if the State will correct the drainage along the front of the property as it has promised to do.  Chairman Ian Murray made a motion, seconded by Laurie Griffen, to renew the Special Use Permit for another year with the condition that the Grottos find out what the State’s intentions are regarding the drainage issue, and fix the sign, the fence, and the apron.  Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – aye, Ralph Pascucci – aye, Laurie Griffin – aye, Robert McConnell – aye, and Jennifer Koval – aye. Carried 7 – 0.  GRANTED

 

No other renewable Special Use Permits are out-standing at this time.

 

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. 

 

Chairman Ian Murray made a motion, seconded by Robert McConnell, to defer lead agency status for SEQR review to the Town Board.  Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – aye, Ralph Pascucci – aye, Laurie Griffin – aye, Robert McConnell – aye, and Jennifer Koval – aye. Carried 7 – 0. LEAD AGENCY STATUS DEFERRED TO THE TOWN BOARD

 

New Business:  There was a brief discussion on compliance with Town Zoning Regulations with regard to what constitutes a home occupation, and with the need for SUPs for businesses within the Town.

 

The next meeting will be February 28, 2007

 

A motion to adjourn was made at 10:30 p.m. by Chairman Ian Murray, and seconded by Ralph Pascucci. Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – aye, Ralph Pascucci – aye, Laurie Griffin – aye, Robert McConnell – aye, and Jennifer Koval – aye. Carried 7 – 0.

 

Respectfully submitted,

 

Catherine E. Cicero

Planning Clerk

 

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