TOWN OF SARATOGA

PLANNING BOARD

MINUTES - DRAFT

January 25, 2006 - 7:30 PM

 

 

Chairman Ian Murray called the meeting to order at 7:35 p.m.

 

Clerk Catherine Cicero called the roll.  Chairman Ian Murray – present, Susan Cummings – present, Ralph Pascucci – present, Paul Griffen – absent, Robert Park – present, Laurie Griffen – absent, and Patrick Hanehan – present. 

Also attending: Town Engineer Kenneth Martin, Town Supervisor Tom Wood, 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 14, 2005 meeting. A motion was made by Susan Cummings, seconded by Ralph Pascucci, to accept the minutes of December 14, 2005. Chairman Ian Murray – aye, Susan Cummings – aye, Patrick Hanehan – aye, Ralph Pascucci –aye, Robert Park – aye. Carried 5– 0.

 

Order of Business:

 

Subdivision/SUP

 

Michael Giovanone, Applicant

156 Sparrowbush Road

Latham, NY  12110

S/B/L 193.06-1-2 Lake Commercial

 

In November 2005, the Planning Board granted the Applicant a special use permit for a boat storage facility on Route 9P, south of Lee’s Trailer Park.  The facility consists of 5 buildings, 78 slips, on 8.8 acres.  Mr. Giovanone is seeking Planning Board approval of his revised site plan.

[This item was considered with the following application.]

 

Quaker Springs Fire District 1, Applicant                    Michael Giovanone, Owner

Blodgett Rd.                                                               156 Sparrowbush Rd.

Schuylerville, NY  12866                                           Latham, NY  12110

S/B/L 193.06-1-2 Lake Commercial

 

Applicant is seeking to subdivide a 90’x141’ parcel, consisting of 12,712 square feet, from the property currently owned by Michael Giovanone in order to build a new firehouse.  Applicant is also seeking a special use permit to operate a firestation on this property pursuant to Town zoning regulations.  Applicant appeared before the Zoning Board of Appeals on January 23, 2006 and was granted the necessary variances for the project. 

 

The two cases were considered together since both concern the same parcel of property.

 

Jim Miller of Miller Associates, Landscape Architects, explained the reconfigured site plans to the Board.  He added that the revised stormwater management plans would be ready in time for next month’s Planning Board meeting.

There followed a brief discussion concerning the amount of road frontage of the two pieces.  Jim Miller stated that it would be clarified on the map for next month’s meeting. 

 

Ralph Pascucci raised concerns about available parking for responding firefighters.  Fire Commissioner Stephen Bodnar explained that parking would probably only be necessary for 2 to 3 cars. There will be a graveled section available off the right-of-way for this parking.

He explained that there may be 3 to 4 people who respond to the firestation to drive the trucks; the remaining volunteers respond straight to the scene of the fire. Jim Miller explained that the boat facility will be gated, so access will have to be made available to the firestation.  That has yet to be worked out.

 

Chairman Ian Murray raised questions about how the addition of the firestation to the property would affect the original landscape plans, and wondered how the impact of the firestation could be mitigated.  Ralph Pascucci stated that he didn’t want to be looking at “a large block of buildings” from the road.

Mr. Miller stated that a low-level hedge could be placed along the parking area. The office to the boat storage facility would add a “store-front” look to the facility with the addition of more windows. Ralph Pascucci asked for an elevation plan to see how the overall look could be softened.

 

Fire Commissioner Stephen Bodnar stated that the outside of the firestation would look similar to the boat storage buildings.  The floor plan of the firestation will be similar to the main fire house on Blodgett Road, but without the meeting room on the back.  Jim Miller added that the outside of the buildings will be comprised of a 4’ split-base block masonry base with siding above it.

Chairman Ian Murray suggested that the landscaping for the firestation be kept along the building, and not move into the right-of-way, which might interfere with sight-line distances.

He also suggested that Grasspave, a grass-look paving material, be used instead of asphalt to soften the look of the paved area.  It would be green space as well as a parking area.

 

Ralph Pascucci wanted more information to get a feel for what the property would look like.  He asked if the proposed fence could be part of the screening.

Mr. Miller said that he would come back to the Board with information on the building exterior and landscaping.  He noted that sometimes the Grasspave material presents a snowplowing problem.

 

Chairman Ian Murray asked whether there were plans for any activities at the proposed firestation.  Fire Commissioner Stephen Bodnar responded that the building will primarily be used as a garage for the fire trucks, but it could possibly be used in the future as a polling place. All other activities will remain at the main fire house. Chairman Ian Murray said that he would make the special use permit conditional regarding the activities that can take place there.  Fire Commissioner Stephen Bodnar was agreeable to the limitation.

 

There followed a discussion on the sewer connection for the proposed firestation.

It was determined that a new well is not necessary for the building.  There may be an existing hook-up for the Fire District to use.  Town Engineer Kenneth Martin had some ideas regarding this matter and will be talking with Mr. Miller.  He also suggested that the two projects be considered together for the purposes of determining a stormwater management plan.

Ralph Pascucci noted that, if it weren’t for the subdivision of the firestation, the Board would essentially be considering a Planned Unit Development.

 

Susan Cummings pointed out that an easement would be necessary for the Fire District to share the driveway with the boat storage facility.  Mr. Miller said that was being worked out, as well as an easement for the parking.

 

Fire Commissioner Stephen Bodnar wanted to go on record to thank Mr. Giovanone for his generous donation of property for the firestation.  He said that the Fire District has been actively looking to buy land in that area for six years, and its projections for a new building were originally for 2010; it is now looking at a completion date of 2007.

 

Proof of notice having been provided by newspaper on January 15, 2006, Chairman Ian Murray opened the joint Public Hearing at 7:52 p.m., asking that anyone having comments on either the boat facility or the firestation provide their name, address, and state whether they were for or against the proposal.  He also requested that all comments be limited to three minutes, at least for the first round, so everyone would have an opportunity to speak. 

 

No one appeared to speak regarding either project.

 

All those wishing to speak having done so, the Public Hearing was closed at 7:53 p.m.

 

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

RETURNING

 

Approvals

 

Joseph G. McMahon

180 Fitch Rd

Saratoga Springs, NY  12866

S/B/L 180-1-9  Rural

 

Mr. McMahon is seeking Planning Board approval to construct an apartment over his garage pursuant to Town zoning regulations. Joe McMahon spoke to the Board regarding a proposal for a 36’x36’ office to be constructed over a 72’x32’, 2-story stallion barn on the west side of Fitch Road, approximately 400’ from the boundary line. The Board noted that Mr. McMahon had sufficient road frontage.

There followed a discussion on whether the addition would be an office or an apartment.  Mr. McMahon stated that he would like to have the option of being able to construct either one.  Ralph Pascucci stated that he should ask for approval for an apartment; then he has the ability to do either one. The Board approved Mr. McMahon’s proposal for an apartment.

NO ACTION NEEDED

 

Ronalee Myers

43 Chestnut St.

Schuylerville, NY  12871

S/B/L 157.62-1-1 & 20.2 Village Extension

 

Mrs. Myers is seeking Planning Board approval to construct a second residence on her property pursuant to Town zoning regulations.  Mrs. Myers stated that she would like to add an additional house in the back portion of the property, away from existing neighboring homes.  She plans to use the existing driveway for both houses.

Chairman Ian Murray stated that he had spoken with Town Attorney William Reynolds as well as Town Engineer Kenneth Martin about the matter.  Town Engineer Kenneth Martin then spoke with the Village of Schuylerville regarding hooking up to the public sewer system. There currently is capacity in the sewer system for Mrs. Myers to hook up to it. He stated that if Mrs. Myers installs a grinder pump, it can service both residences.  There followed a discussion of the layout of the public sewer system in that neighborhood.  The system would have to cross a nearby alley.  Mrs. Myers said that research had been done, but no one knew who owned the alley.  Mrs. Myers responded to a question by Chairman Ian Murray that she owns the Walnut Street piece.  No one knows who owns an internal (“paper”) street known as Cedar Street.  Mrs. Myers stated that the land is currently tended by the two adjacent neighbors.

Chairman Ian Murray questioned whether the Town could convert the paper street to collect taxes on it.  He said he would speak to Town Attorney William Reynolds about both the paper street and the alley.

 

Town Engineer Kenneth Martin stated that if Mrs. Myers doesn’t tie into the public sewer system, the Board cannot approve the additional house.  Chairman Ian Murray stated that it would be possible for the Planning Board to deny approval and send Mrs. Myers to the Zoning                          Board of Appeals with a recommendation.

 

Mrs. Myers said that she has no intentions to build in the near future, but would like to know what her options are.  Town Engineer Kenneth Martin stated that Mrs. Myers could probably tie into the public sewer system for about the same price that it would cost her to install a septic system.

 

Chairman Ian Murray stated that he would research the ownership of Cedar Street with Town Attorney William Reynolds.  Mrs. Myers stated that she would investigate the possibility of a tie-in with the public sewer system.  RETURNING

 

Bill Ippoliti

133 Schuyler St.

Victory Mills, NY  12884

S/B/L 170.38-1-12  Village Extension

 

Mr. Ippoliti is seeking Planning Board approval to construct a two-family home on his property pursuant to Town zoning regulations.  Bill Ippoliti spoke to the Board, stating that his previous proposal before the Planning Board for a flag lot was rejected.  He would like to expand the current 2-family building on the Schuyler Street property to a 4-family unit. 

Chairman Ian Murray stated that Mr. Ippoliti meets zoning regulations, but needs a site plan.  

There followed a discussion on where the parking would be placed.  That area also would have to be noted on the site plan.

Chairman Ian Murray stated that a 2-family unit would not need a special use permit; however, expanding the building to accommodate 4 families would raise it to a level requiring a special use permit.  He assured Mr. Ippoliti that his proposal is well within the zoning regulations, but he does need to complete an application for a special use permit and provide a site plan.

Robert Park asked to see the placement of the well and the proposed septic system. Mr. Ippoliti said that he would put in another well and septic system to provide for the addition. Chairman Ian Murray noted that, due to the uphill topography of the property, the separation distances double to 200’. Mr. Ippoliti also will have to perform some soil engineering tests for the new well and septic systems. Town Engineer Kenneth Martin asked to see the placement of neighboring wells and septic systems in order to review distances.  RETURNING

Subdivisions (cont.)

 

Saratoga Builders, LLC                                    Peter & Sue Grassi, Owners

8 Campion Lane                                        394 Burgoyne Rd.

Saratoga Springs, NY 12866              Saratoga Springs, NY 12866

S/B/L 168.-2- 24 & 25 Rural District

 

Dan Barber and Mike Brooks appeared before the Board on behalf of the Applicant regarding a conventional subdivision of 38 +/- acres consisting of 12 building lots on a new road off of Burgoyne Road.

 

Mr. Barber handed out an amendment to the Commitment Letter from the Board of Adirondack Trust. The costs of the infrastructure of the project were submitted. He reported that a search had been done on the Grassi property, but no easement to Marilyn Zaborek was found.

Further, Mr. Barber submitted a final letter from DOH. Mr. Brooks stated that all comments from DOH had been addressed.

Chairman Ian Murray stated that the letter from DOH had actually been received on January 24, 2006, and there were a couple of items in it that had to be addressed before the SEQR review could be closed for this application.  Therefore, the Board was unable to take action on the application until the review by DOH is complete.

Chairman Ian Murray asked the Board members if they had any further questions regarding the application.

Robert Park questioned the amount of money approved by the bank for the infrastructure.  Mr. Barber explained that the project did not need the full amount approved by the bank, so the letter of commitment was revised to reflect the actual amount needed; a loan of $400,000.

There followed a brief discussion of the shoulder drains on the road.

 

Chairman Ian Murray reported that he had forwarded materials provided by Marilyn Zaborek and by the Applicant to Town Attorney William Reynolds, and was waiting for a written response.  He said, however, that verbally, Town Attorney William Reynolds had indicated that the easement owned by Ms. Zaborek is on the north side of Burgoyne and does not affect the proposed subdivision.

 

Town Engineer Kenneth Martin stated that he would be meeting with Town Highway Superintendent David Hall regarding the road infrastructure.

 

Finally, Chairman Ian Murray noted that the legal requirements for public hearings had been met by the two previous public hearings.  No more public hearings will be held on this matter.

RETURNING

 

Saratoga Farms, LLC, Applicant

Saratoga Trails

Suite 200-2875/South Ocean Blvd.

Palm Beach, FL  33480

S/B/L 156-3-32 Rural Residential

 

Returning Applicant proposes a 7 lot subdivision on 96.49+/- acres at 125 Burgoyne Rd.  The average lot is proposed to be 14 acres, with a deed restricted horse trail system. Dave Carr of the LA Group addressed the Board, stating that the Applicant was seeking preliminary approval from the Board at this time.  Owner Dave McKibbin was present to answer any questions regarding the project.

 

Mr. Carr reported that the wetlands had been flagged and mapped since the last meeting, as well as the soil data.  The restrictive covenants for the lots were also provided to the Board for review.

He noted that the lot line between lots 5 and 6 had been moved due to the wetlands configuration in order to give lot 6 slightly more building space.  The smallest lot is still approximately 8 acres in size.  He restated the developer’s intention to have the houses built behind the tree line to the rear of the property to shield them from view from the road.  The one exception is lot 5, which might be seen from the road, but would still be approximately 500’ from the road.  There was a decision in this instance not to have the driveway cross the wetlands. 

 

Chairman Ian Murray stated that there should be only one driveway cut per lot onto Burgoyne Road, and wondered if a loop road may be possible.  He reminded Mr. Carr of the Town standards for any driveway over 200’. 

Chairman Ian Murray asked Mr. McKibbin to clarify the proposed covenant agreement to be signed by the homeowners.  Mr. McKibbin agreed to modify the agreement with respect to Paragraph XVI: RIGHT TO MODIFY.

Chairman Ian Murray said that Town Attorney William Reynolds was away and would review it upon his return.  He then asked Mr. McKibbin whether the Florida document would be enforceable in the State of New York.  Mr. McKibbin said that his local attorney, Michael Toohey, is reviewing the documents for conformity to New York law.  The governing body of the homeowners association will be incorporated under New York law.

 

Robert Park asked whether there would be any provision in the covenant for housing for hired help.  Mr. McKibbin responded that there was none.

 

Chairman Ian Murray asked whether the developer needed setbacks.  Mr. Carr stated that since there is ample room on each lot that it isn’t necessary, but lot owners can petition the Board if they feel they need to build other than in the designated locations on the lots.

Chairman Ian Murray also noted that the proposed development is located in a historically sensitive area in the Town and would need to have an archeological study performed. He suggested that the Applicant have both Phase IA and Phase IB performed at the same time.

 

Susan Cummings asked if there would be no-cut zones.  Mr. McKibbin stated that when the trails are included, no-cut zones would be considered.

Dave Carr said that the Applicant hasn’t considered the need to increase the fields; however, that issue may have to be looked at.  He said that some owners might wish to increase the size of their paddocks.

 

Chairman Ian Murray read the Town zoning regulations regarding the keeping of large animals.  A minimum of 2 acres is necessary; then one large animal per acre is allowed after that in the rural district.  There followed a brief discussion on the possible number of horses.

 

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

 

Proof of notice having been provided by newspaper on January 15, 2006, Chairman Ian Murray opened the Public Hearing at 8:46 p.m., asking that anyone having comments provide their name, address, and state whether they were for or against the proposal.  He also requested that all comments be limited to three minutes, at least for the first round, so everyone would have an opportunity to speak.

 Paul Galcik, 181 Burgoyne Rd.—neither for or against.  Mr. Galcik questioned Dave Carr’s assertion that only one of the lots would need a raised septic, due to the wet nature of the parcel.  Mr. Carr said that he could have the engineer attend the next meeting.  Mr. Galcik said the Board “needs to do their homework” before granting this subdivision.  He explained that the soil is very wet (“pure muck”) because there is hardpan 2-3’ beneath the surface.  He gave examples of the difficult time that he and neighbors have had trying to excavate in that type of soil, and pointed out the number of ponds in the immediate area that never percolate away.

Bill Crossman, 142 DeGarmo Rd.—neither for or against.  Mr. Crossman agreed with Mr. Galcik regarding the close location of hardpan and clay soil to the surface. He noted that the water table is only 3’ beneath the surface of the soil at the top of a nearby hill.  Mr. Crossman also raised concerns about run-off from construction into Fish Creek.  He said that he is very familiar with the property to be used for the development and said that less than 100’ from the creek there are pine trees over 2’ across and 90’ in height.  He asked the Board to take a close look at what’s being proposed on that property.

 

Paul Galcik then offered to guide any interested Boardmembers on a walk-through of the property.  Mr. McKibbin wasn’t certain whether he wanted to agree to that and said that he would get back to the Board with an answer to that proposal.

 

Marilyn Zaborek, 387 Burgoyne—neither for or against.  Ms. Zaborek raised concerns about the availability of fire & medical responders for the additional development in the Town. She asked whether the Town had adequate personnel and equipment to serve more homes.  Ms. Zaborek also raised the issue of additional run-off into the Creek and onto her property.  She said that she likes the look of the project, but would prefer to see the houses clustered more to provide wildlife habitat.

 

All those wishing to speak having done so, the Public Hearing was closed at 8:56 p.m.

 

Town Engineer Kenneth Martin suggested that Town Zoning Officer Robert Hathaway witness any perc tests.  Dave McKibbin offered to provide a soil report by Sterling.  Mr. Carr stated that raised septic systems would be possible, if necessary.

Robert Park and Susan Cummings expressed an interest in walking the site.  A walk-through of the site was scheduled for Monday, February 6, at 3 p.m.  Paul Galcik suggested that the Board start early due to winter daylight hours and wear high boots.

 

Chairman Ian Murray made a motion, seconded by Robert Park, to declare the Planning Board the lead agency for SEQR review for this project. Chairman Ian Murray – aye, Susan Cummings – aye, Patrick Hanehan – aye, Ralph Pascucci –aye, Robert Park – aye. Carried 5– 0.

 

Chairman Ian Murray reminded the Board that the Applicant had asked for preliminary approval, and asked the Board for comments.

Robert Park said that he thought the proposal was a good fit with the Town’s Comprehensive Plan and noted that it preserves open space and farmland.

Ralph Pascucci made a motion, seconded by Susan Cummings, to grant preliminary approval to the Applicant. Chairman Ian Murray – aye, Susan Cummings – aye, Patrick Hanehan – aye, Ralph Pascucci –aye, Robert Park – aye. Carried 5– 0. RETURNING

 

 

Saratoga Farms, Inc., Applicant                               

173 Co. Rd. 69

Schuylerville, NY  12871                                          

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

 

Returning Applicant proposes to begin Phase II of a planned development: a 36 unit subdivision of single family homes on 121.82+/- acres. No new information has been made available for this application. TABLED

 

Willard F. Chamberlin Trust, Applicant

143 Circular Street

Saratoga Springs, NY  12866

S/B/L 155.-1-46.11,-46.2, and 46.3 Rural Residential

 

Returning Applicant proposes a 32-lot conservation subdivision on 89.7 +/- acres on the north side of Route 29, across from Bryants Bridge Road.  No new information has been made available for this application.

 

Chairman Ian Murray made a motion, seconded by Robert Park, to declare the Planning Board the lead agency for SEQR review for this project. Chairman Ian Murray – aye, Susan Cummings – aye, Patrick Hanehan – aye, Ralph Pascucci –aye, Robert Park – aye. Carried 5– 0. TABLED

 

Nick Washco, Applicant

219 Walsh Rd.

Schuylerville, NY  12871

S/B/L 169-1-77.1 Rural

 

Returning Applicant is seeking to subdivide a 22.40+/- acre parcel in two; one approximately 7+ acres, and the other 14+ acres.  Mr. Washco addressed the Board, explaining the map and engineering tests.  He noted that he had added the Agricultural Data statement to the survey, as well as the setbacks for the house on the property.

Ralph Pascucci suggested that Mr. Washco do a lot-line adjustment before completion of the application so the lot will have 10 acres and thus be eligible for farm status, in accordance with Town zoning regulations.  Chairman Ian Murray stated that the Board can move forward, knowing that the line is going to be adjusted.

Susan Cummings asked to see a building envelope on the plans.  Chairman Ian Murray explained to Mr. Washco that the survey needs a dotted line reflecting the required setbacks.

Chairman Ian Murray asked to see a topography map, which Mr. Washco provided.  It was noted that this property would need a raised septic system.

 

Proof of notice having been provided by newspaper on January 15, 2006, Chairman Ian Murray opened the Public Hearing at 9:13 p.m., asking that anyone having comments to provide their name, address, and state whether they were for or against the proposal.  He also requested that all comments be limited to three minutes, at least for the first round, so everyone would have an opportunity to speak. 

 

Jim Kaplan, 191 Walsh Rd.—neither for nor against.  Mr. Kaplan wanted to know Mr. Washco’s intentions with regard to the property.  He was concerned about another subdivision with several houses coming into the neighborhood.  Mr. Washco responded that he would put the parcel with the house on it up for sale, but planned on doing some clearing on the other piece and then retaining it indefinitely. Ralph Pascucci noted that it would be feasible for someone to eventually buy that piece and then subdivide it unless it is deed restricted.

There followed a discussion on where a house might be built on that piece of property.

 

All those wishing to speak having done so, the Public Hearing was closed at 9:17 p.m.

 

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

Chairman Ian Murray stated that no Board action would be taken at this time.  He then advised Mr. Washco to make the lot-line adjustment on the map in order to meet the 10 acres, provide the setbacks on the print, and to provide a septic design.  When those items are completed, the Board will complete the SEQR review and take action on the application.

RETURNING

 

William J. Reynolds, Applicant

800 Rte 29

Saratoga Springs, NY  12866

S/B/L 168.-3-69.1 Conservancy

 

Returning Applicant proposes to subdivide approximately 2 acres from a 16.76+/- acre parcel along Rt. 29.  James Vianna addressed the Board on behalf of Mr. Reynolds, explaining the survey map, and where the lot lines would affect the division of property.  The map includes a buffer area in the back to separate the new residence from the neighbors.  Mr. Vianna pointed out the location of the wells on the properties and noted that the soil was comprised of sand.  Mr. Vianna showed where the original lot was subdivided in 2001.  After this subdivision, there will be approximately 14 acres on Lot 2, with 210’ of road frontage.  This property is in the Conservancy District.

Mr. Vianna stated that Mr. Reynolds still has to apply to NYSDOT for a curb-cut permit. 

Town Engineer Kenneth Martin noted that the seasonal water on the property was 6-6.5’.

 

Proof of notice having been provided by newspaper on January 15, 2006, Chairman Ian Murray opened the Public Hearing at 9:25 p.m., asking that anyone having comments to provide their name, address, and state whether they were for or against the proposal.  He also requested that all comments be limited to three minutes, at least for the first round, so everyone would have an opportunity to speak. 

 

Marilyn Zaborek, 387 Burgoyne—neither for nor against.  Ms. Zaborek said that she has filed comments regarding this proposal. She raised concerns about Mr. Reynolds plans for the remainder of the property.  Mr. Reynolds said he had no plans at present.  Ms. Zaborek asked Mr. Vianna about placement of property line markers along her property line.  Mr. Vianna said that he has pounded steel I-beams along the property line to clearly mark the delineation.  Ms. Zaborek also was concerned about additional run-off into Fish Creek and about the number of driveways being added to Route 29.  She said she had no objections to this particular project but is concerned about development within the Town.

 

All those wishing to speak having done so, the Public Hearing was closed at 9:29 p.m.

 

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

 

Chairman Ian Murray read a letter from the County Planning Board approving the proposed subdivision, but noting that the Applicant would have to obtain a curb-cut permit from NYSDOT.

Robert Park then read the short form EAF, which was completed by the Board.  There followed a brief discussion on whether an archeological search was necessary on the property.  Chairman Ian Murray made a motion, seconded by Robert Park, to accept the documents as presented and declare the SEQR review complete.  Chairman Ian Murray – aye, Susan Cummings – aye, Patrick Hanehan – aye, Ralph Pascucci –aye, Robert Park – aye. Carried 5– 0.

 

Ralph Pascucci made a motion to grant the subdivision conditioned on Mr. Reynolds obtaining a curb-cut from NYSDOT.  Patrick Hanehan seconded the motion.  Chairman Ian Murray – aye, Susan Cummings – aye, Patrick Hanehan – aye, Ralph Pascucci –aye, Robert Park – aye. Carried 5– 0. GRANTED

 

Chairman Ian Murray reminded Mr. Reynolds that he must pay $300 in Park Fees when he picks up his signed maps.

 

David and Abby Brill, Applicants

120 Hughes Rd

Schuylerville, NY  12871

S/B/L 156-4-1.221 Rural Residential

 

Applicants propose to subdivide 15.9+/- acres from their 17.53+/- parcel along Hughes Rd.  Terry Humiston addressed the Board on behalf of the Brills, explaining that he had done soil engineering tests, notified the surrounding neighbors, and added an Agricultural Data statement to the survey. 

Chairman Ian Murray asked Mr. Humiston about the topography of the parcel in order to set separation distances for the wells and septics.  Mr. Humiston responded that the terrain was flat in that area.  The distance to the neighbors’ wells and septic systems was determined to be sufficient.

Robert Park noted that the local spring was supporting three houses.  Mr. Humiston agreed with that, but said that he would not be adding to the draw from the spring.

 

Proof of notice having been provided by newspaper on January 15, 2006, Chairman Ian Murray opened the Public Hearing at 9:43 p.m., asking that anyone having comments to provide their name, address, and state whether they were for or against the proposal.  He also requested that all comments be limited to three minutes, at least for the first round, so everyone would have an opportunity to speak. 

 

Don Capalbo, 122 Hughes Rd.—neither for nor against.  Mr. Capalbo wanted to know if the new lot could be further subdivided.  Ralph Pascucci responded that, theoretically, if a road were built through it, it would be possible.  Susan Cummings suggested that Mr. Capalbo ask for the property to be deed restricted.

Deedee Quigley, 120 Hughes Rd.—neither for nor against.  Ms. Quigley stated that she was concerned about seeing a number of houses on the subdivided parcel.  Ralph Pascucci suggested that she ask for a deed restriction.

 

All those wishing to speak having done so, the Public Hearing was closed at 9:47 p.m.

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

Robert Park then read the short form EAF, which was completed by the Board.  Chairman Ian Murray made a motion, seconded by Susan Cummings, to accept the documents as presented and declare the SEQR review complete.  Chairman Ian Murray – aye, Susan Cummings – aye, Patrick Hanehan – aye, Ralph Pascucci –aye, Robert Park – aye. Carried 5– 0.

 

Ralph Pascucci made a motion to grant the subdivision.  Patrick Hanehan seconded the motion.  Chairman Ian Murray – aye, Susan Cummings – aye, Patrick Hanehan – aye, Ralph Pascucci –aye, Robert Park – aye. Carried 5– 0. GRANTED

 

Chairman Ian Murray reminded Mr. Humiston that $300 in Park Fees will be due when he picks up the signed maps.

 

Special Use Permit

 

General Schuyler Emergency Squad, Inc., Applicant

P.O. Box 111 Ferry St.

Schuylerville, NY  12871

SW/B/L 155-1-74 Rural Residential

 

Returning Applicant is seeking a special use permit to construct a professional office building; the new home of General Schuyler Emergency Squad. 

Chairman Ian Murray recused himself from the discussion of this application, because he is involved with this project, and excused himself from the Board panel to sit in the audience.  Vice-chair Susan Cummings led the proceedings. 

 

James Vianna addressed the Board on behalf of the Applicant, explaining the results of the archeological review, and said that he believed that all the Board’s concerns had been addressed.  He asked the Board to make a final determination on the application.

 

Town Engineer Kenneth Martin stated that he was set with the engineering for the project.  Vice-chair Susan Cummings read a letter from the County Planning Board approving the project.

 

Robert Park then read the short form EAF, which was completed by the Board.  Vice-chair Susan Cummings made a motion, seconded by Robert Park, to accept the documents as presented and to declare the SEQR review complete.  Vice-chair Susan Cummings – aye, Patrick Hanehan – aye, Ralph Pascucci –aye, Robert Park – aye. Carried 4– 0.

 

Vice-chair Susan Cummings asked the Board if there were any further questions.  There were none.

 

There followed a brief discussion with Town Supervisor Tom Wood regarding the definition of a quorum.  It was determined that there were sufficient Planning Board members to constitute a quorum, because there is no appointed alternate and four members (a majority) were present to vote.

 

Vice-chair Susan Cummings made a motion, seconded by Patrick Hanehan, to approve the special use permit for the project.  Vice-chair Susan Cummings – aye, Patrick Hanehan – aye, Ralph Pascucci –aye, Robert Park – aye. Carried 4– 0. GRANTED

 

At this point in the proceedings, Chairman Ian Murray rejoined the Board.

David and Jane Sheeran

176 Burke Rd

Saratoga Springs, NY  12866

S/B/L 168-2-74  Rural

 

Mr. and Mrs. Sheeran are looking for information regarding the subdivision of this parcel. No one appeared to discuss the property.

 

George Pravda

1460A Rte 9P

Saratoga Springs, NY  12866

180.18-1-2&3 Lake Commercial

 

Yar Zujovic and Ron Mogren, of Saratoga Associates, addressed the Board, proposing to raze the “hodge-podge” of structures currently on the site, and replace them with a Townhouse comprised of 14 affordable apartments. The parcel is slightly over 1 acre in size.  Two plans were presented to the Board for the building; one with a loop road running behind the building inside the lot providing two access points.  Mr. Mogren explained that all the setbacks meet Town zoning requirements; however, lot coverage would be approximately 21%, rather than the allowed 20%.

 

Chairman Ian Murray noted that only 4 units are allowed per acre in that zoning district. 

Ralph Pascucci said that he was not averse to the plan--it was certainly preferred to the existing condition of the lot; however, there were too many units for the size of the property.  Even though there are a number of units currently on the property, 14 replacement units would be “a reach.”  He did not believe the number of units could be “grandfathered.”

 

Chairman Ian Murray stated that the Board could possibly deny an application with a recommendation to the Zoning Board of Appeals but he would not be willing to do that.

Ralph Pascucci suggested that a plan be considered to include retail space with apartments above.  He stated that the owner could approach the Town Board with a proposal for a mixed use of the property.

 

There followed a discussion of the previous building of the Stewart’s Shop in that area.

 

Chairman Ian Murray stated that the plans could be taken to the Zoning Board of Appeals for a variance, or scaled back and brought back to the Planning Board.  There followed a discussion on how the square footage in the apartments could be divided.

 

Old Business:

Zoning Officer Robert Hathaway submitted recommendations on the following one-year renewable special use permits:

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

Marilyn Zaborek asked the Board to comment on this matter, and stated that the Applicant had gone far beyond what she had anticipated when the Board granted the permit, even to the extent of renting out trailers on the property for rental. 

Ralph Pascucci stated that, if Ms. Zaborek was aware that someone is in violation of the terms of a permit, it should be brought to the attention of the Board.  Ms. Zaborek stated that she brought it to the attention of Town Supervisor Tom Wood, who stated that he refers such calls to Town Zoning Officer Robert Hathaway who enforces Town zoning regulations.  Robert Park stated that the Board was very sympathetic to the Applicants when they first appeared before the Board, but that there should be a follow up on this application, since the current scenario is much different than what was originally presented to the Board.  TABLED

 The Board determined that this permit would be granted for one more year.

b.      James & Elena Grotto (granted 11/24/04)—renew for one more year; the parking area has to be moved to the back of the property. 

Chairman Ian Murray noted that the blacktop has not been put in either.

He stated that Town Zoning Officer Robert Hathaway should review the site plans for these applications to see if conditions for the granting of the permits are met.  TABLED

c.       Denise & Jim Murphy (granted 12/22/04)—make permanent.  The Board noted that Denise Murphy has gone “above and beyond” what the Board asked of her.  PERMANENT SPECIAL USE PERMIT GRANTED.

d.      John Schultz (granted 1/26/05)—make permanent.  No complaints have been filed regarding Mr. Schultz’ saw mill.  PERMANENT SPECIAL USE PERMIT GRANTED.

       No other renewable special use permits are out-standing.

 

Chairman Ian Murray made a motion, seconded by Robert Park, to table the Barbolt and the Grotto applications until further Planning Board action.  Chairman Ian Murray – aye, Susan Cummings – aye, Patrick Hanehan – aye, Ralph Pascucci –aye, Robert Park – aye. Carried 5– 0.

TABLED

 

Chairman Ian Murray made a motion, seconded by Robert Park, to make permanent the special use permits of Denise and Jim Murphy, and John Schultz.  Chairman Ian Murray – aye, Susan Cummings – aye, Patrick Hanehan – aye, Ralph Pascucci –aye, Robert Park – aye. Carried 5– 0. GRANTED

 

Chairman Ian Murray noted that the developers of Nielson Landing are supposed to furnish lot clearing plans to Town Engineer Kenneth Martin for review before clearing is begun.  He noted that Town Engineer Kenneth Martin is receiving those lot clearing plans, but the developers are disregarding them.  Chairman Ian Murray, Town Engineer Kenneth Martin, Vice-chair Susan Cummings, and Town Councilwoman Betty Koval have all taken a look at the site.  Susan Cummings noted that a whole stand of trees has been removed, contrary to what the Board originally approved for the development.

Ralph Pascucci asked who would be the party to take action against.  Town Engineer Kenneth Martin stated that the appropriate party would be the builder, as part of the building permit process.

There followed a discussion of the development of the property to date. 

Chairman Ian Murray stated that he would like to see a mitigation plan.  Susan Cummings stated that there should be a fine for every tree taken down that wasn’t supposed to be.  Then those trees should have to be replaced by the builder.

Town Engineer Kenneth Martin noted that no clearing plans were provided for the first two lots in the development.

 

Town Supervisor Tom Wood stated that no new building permits or certificates of occupancy should be issued until the situation is rectified.

Robert Park noted that 14 more houses are due to be built in the development.  Ralph Pascucci asked that Town Attorney William Reynolds be consulted to take “significant” action regarding mitigation of the problems.

Ralph Pascucci stated that he wanted to “nip these problems in the bud,” and set a precedent for other developers coming into the area.

 

There followed a discussion on the state of the road in the development, which is being redesigned. 

 

Chairman Ian Murray stated that he has discussed the issue of lead agency status with Town Engineer Kenneth Martin to streamline the SEQR review process.  He said that the necessary letters declaring lead agency status will be sent out prior to the Planning Board meeting, so the 30-day review process can begin in order to take action on the matter at the following Planning Board meeting.  He added that the letters cannot be mailed until a packet is received from the Applicant.

Ralph Pascucci stated that the Board should neither hasten nor inhibit the process. 

There followed a discussion on the review process of the Board.

 

New Business:

A reminder that the ZAAC meeting will be held on February 7, 2006 at 7:00 p.m. at the Town Hall, 30 Ferry St., Schuylerville.

 

There followed a discussion with Marilyn Zaborek regarding her property and the thorough review that the Burgoyne Estate proposal received prior to all involved agencies approving the project.

 

The next meeting will be February 22, 2006. 

 

A motion to adjourn was made at 11:07 p.m. by Ralph Pascucci and seconded by Susan Cummings. Chairman Ian Murray – aye, Susan Cummings – aye, Patrick Hanehan – aye, Ralph Pascucci –aye, Robert Park – aye. Carried 5– 0. 

 

Respectfully submitted,

 

Catherine E. Cicero

Clerk

 

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