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.
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:
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