TOWN OF SARATOGA
PLANNING BOARD
MINUTES -
DRAFT
January 26,
2005 - 7:30 PM
Chairman
Ian Murray called the meeting to order at 7:34 p.m.
Clerk
Catherine Cicero called the roll.
Chairman Ian Murray – present, Susan Cummings – present, Ralph Pascucci – present, Albert Baker – present, Paul
Griffen – absent, Robert Park – present, Laurie Griffen – present, and
alternate Barney Drumm – present.
Approval
of Minutes: All board members present had read the minutes of the December 22,
2004 meeting. A motion was made by Laurie Griffen to accept the minutes of
December 22, 2004 as written, and Susan Cummings seconded it. Chairman Ian
Murray – aye, Susan Cummings – aye,
Ralph Pascucci – aye, Albert Baker – aye, Robert Park – aye, Laurie Griffen –
aye, Barney Drumm -- aye. Carried 7– 0.
Order of Business:
Subdivision
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
Mark Jakubiak sought a final
plan approval, on behalf of the Applicant, for an 11-lot subdivision on 69.11 acres
+/- on Southard Rd, with 5.596 acres +/- being retained by the current owner.
The proposed lots range from 4.29 acres +/- to 10.705 acres +/-. The Planning Board has reviewed and
completed the Full Environmental Assessment Form. A coordinated review was completed. After discussion, the Board
determined that the SEQR process was complete.
Chairman Ian Murray moved that the Board approve a draft conditioned
negative declaration as proposed and completed by Chairman Ian Murray and Town
Engineer Kenneth Martin. The motion was
seconded by Robert Park. Chairman Ian Murray –aye, Susan Cummings –aye, Ralph
Pascucci – aye, Robert Park – aye, Laurie Griffen – aye, Barney Drumm
–aye. Albert Baker abstained. Carried
6-0.
Chairman Ian Murray informed
the public that the conditioned negative declaration is open and advertised for
a 30-day comment period. All submitted
information must be reviewed prior to any final action.
Proof of Notice having been provided, the Public
Hearing was opened. Chairman Ian Murray
asked that people state their name, address, and whether they were for or
against the project.
Dr. Andrij Baran,
Southerd Rd.—against. Dr. Baran read
from a prepared statement, questioning why the Board did not adopt the findings
of the Consultant, Mr. Wolfers, hired by the Town to review the subdivision
water test data.
Penelope Benson-Wright, Burke Rd.—against.
Ms. Benson-Wright read from a prepared statement in opposition to the
proposed development on the grounds that it threatens the area’s already
limited water supply; it violated the Town’s stated mission of preserving
agricultural
land, open space, and rural
character of the Town; and, it does not adhere to the goals of the Town’s 2002
Master Plan. Ms. Benson-Wright’s
statement is included in the permanent file of this application.
Kathleen Martens, Esq. representing the Save Southard Road Coalition—against. Ms. Martens read a prepared statement in
which she criticized the Planning Board for not responding to a FOIL request
for written answers by Mr. Jakubiak to questions posed by Kenneth Martin in a
letter dated November 10, 2004. She
further noted that private discussions took place between the Town’s engineer,
the developer, the developer’s consultant, and the Town’s consultant which were
not open to the public. Finally, she
pointed out that allowing the application would be contrary to the Town’s own
water standards. The statement is
included in the permanent file of this application.
Sam Aldrich,
173 Burke Rd.—against. Mr. Aldrich read
a prepared statement in opposition to the project on the grounds that the level
of intensity of buildings on the property will have an adverse affect on the
existing less-than-adequate groundwater resources, and that the Town’s zoning
ordinance should not allow 2-acre zoning throughout the entire municipal
area. Mr. Aldrich’s statement is
included in the permanent file of this application.
Daniel Larkin,
146 Burke Rd.—against. Mr. Larkin was
concerned by the Board’s apparent lack of response to the issues raised by the
Save Southard Road Coalition, including the lack of a traffic study on the
affected road.
Lloyd Van Arnum,--against. Mr. Van Arnum related that the nearby creek
has undergone a radical change in water
volume over the years, reflecting the increasing drawdown from the additional
residential homes in the area. Later,
he added that increased traffic on the road could pose a potential hazard to
school buses and agricultural vehicles.
Mary Field,
Burgoyne Rd.—against.
Anne McMahon,
owner of property on Fitch Rd.—against.
Ms. McMann repeated concerns raised by others.
Marilyn Zaborek, Burgoyne
Rd.—against. Ms. Zaborek is concerned
that the Board is moving to quickly to approve subdivision proposals in the
Town without doing more environmental studies on wetlands, stormwater runoff,
and emergency response capabilities.
Jim Gilman,Burke
Rd.—against. Mr. Gilman was concerned
that the Town engineer was talking with the developer and his consultant
without the public being present.
Josie DeGregory,
378 Cty Rd. 68—neither for or against.
Mrs. DeGregory commented on the process involved in preparing the Master
Plan.
Stephen Bodnar,
Hanehan Rd.—against.
Clarence Fosdick, 329 Burgoyne Rd.—against.
Cynthia Rumak,
Burgoyne Rd.—against.
William Corrigan, 207 Walsh Rd.—neither for or against. Mr. Corrigan commented on the zoning process.
Joe McMahon,
180 Fitch Rd.—against.
Elizabeth Baran,
Southard Rd.—against.
All those wishing to speak
having done so, the Public Hearing was closed.
Save the Southard Road
Neighborhood Coalition presented the Board with petitions requesting the Board
to find that the proposed subdivision will have a significant environmental
impact on the water supply of the Town and to issue a positive declaration
requiring a full environmental impact statement be undertaken. The petitions are included in the permanent
file of this application.
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 spoke to the Board
regarding a conventional subdivision of 38 +/- acres into 13 building lots on a
new road off of Burgoyne Road. The returning Applicant submitted additional
information in the form of a traffic study of the affected roadway, and asked
for further direction. Previously, the
Board had voiced concerns regarding access to the property. The Applicant attempted to acquire an
easement over neighboring property to address the Board’s concern, but was
unable to do so. To date, no
engineering work has been done. After
discussion, the Board stated that it was looking for a 75’ no-cut buffer on the
exterior building lots, and wants it applied as a minimum. The Board would also
like to move the driveway, currently used by the owner of the property. The owner is amenable to having it moved.
The Board then requested a topography map, in 5’ increments, and including a
pond reputed to be on the property as well as
any wetlands, as well as a road profile showing cuts and fills.
Returning.
Special Use Permits
John E. Schultz Jr.
204 County Road 67
Stillwater, NY
12170
S/B/L
181.-1-46.1 Rural District
John Schultz, Jr. addressed the Board, seeking a Special Use Permit to operate a sawmill producing rough cut lumber at 204 County Road 67. Mr. Schultz explained that he would be using his existing driveway for access, that he did not intend to put signs anywhere but on the building, that he would not be storing wood by the road, and that noise would not be an issue because the machine is contained within a building. Currently, Mr. Schultz is selling or giving away any waste products, but hopes to add a chipper to the operation later, if the business becomes successful. The chipper would also be contained within the building, so there would be no additional noise.
Proof of notice having been provided, Chairman Ian Murray opened the Public Hearing:
The following people spoke in support of issuing the permit: Martin Hanehan, Joe McMann, and Steve Bodnar.
All those wishing to speak having done so, the Public Hearing was closed.
Robert Park then made a motion to issue a one year renewable permit to operate the sawmill. The motion was seconded by Laurie Griffen. Chairman Ian Murray –aye, Susan Cummings –aye, Ralph Pascucci –aye, Albert Baker –aye, Robert Park –aye, Laurie Griffen –aye, Barney Drumm –aye. Carried 7 – 0. Granted as a one year renewable permit.
Special Permit Pre-Submission Conference
Ralph Pascucci
929 Rt 29E
Saratoga Springs,
NY 12866
S/B/L 156.-1-1 Rural Residential
Ralph Pascucci is seeking a Special Use Permit to utilize
approximately a 400 ft. square piece of
property in the northeast corner of his 40 acre parcel as a “green
cemetery.” The proposed use of the
property will enable Mr. Pascucci to preserve the integrity of the property,
while permitting multiple uses. His current plans include a long drive that
will loop through the affected property to give funeral processions access. No
additional driveways, parking areas, or buildings are proposed at this
time. He is primarily seeking
information from the Board as to whether this use is possible and will provide
more information in the future as to how he will operate the business. He will also discuss his intended use with
his neighbors. Returning
Preliminary Subdivision
Craig M. Munson, et al.
1148 Fort Miller Rd.
Greenwich, NY 12834
S/B/L 157.-1-3.1
Rural Residential
James Vianna, representing
the heirs to the estate of Patricia A. Munson, asked the Board for permission
to subdivide the land on the west side of NYS Rt. 4 into two 3 acre lots. The action is being taken to settle the
estate. There are no immediate plans to
build; however, the properties may eventually contain two new residences. A portion of the lands of Craig Munson are
located on the east side of Rt. 4, entirely separated from the parcel in
question by Rt. 4. A Public Hearing will be held on this
matter at the next Planning Board meeting.
Returning.
Information
Susan Cummings
200 Hanehan Rd.
Schuylerville, NY
12871
S/B/L 196.-1-16
Rural District
Susan Cummings requested
information about moving a lot line between 2 parcels so the neighboring house
can be built further back from the road.
Approximately one third acre would be transferred. The Board determined that, although it has
authority over this transaction, it need take no action on the matter. Ms. Cummings may sell the piece of property
in question, file with the County, and have the tax map adjusted to reflect the
change. Lot line adjustment--no action needed.
Chris Lofgren
109 DeGarma Rd.
Schulerville, NY
12871
S/B/L 156.-2-16 & 19 Rural Residential
Chris Lofgren requested
information from the Board regarding usage permits for his property. Mr. Lofgren has been before the board
previously, explaining that when he bought the property it was two parcels that
he combined into one, making it 3.37+/- acres.
He is currently renting an existing trailer on the property, but is in
the process of removing an existing house.
Chairman Ian Murray explained that if he continues to use the trailer as
rental property it would result in multiple uses of the property, which is not
permitted. He further explained that
the trailer could be used as an office or storage facility for Mr. Lofgren’s
proposed Automobile Sales/Service Business, without violating the zoning
regulations. Mr. Lofgren will revise his
plans and return with another proposal to the Board. Returning.
Old Business:
None
New Business:
None
The next meeting is tentatively scheduled for March 2, 2005. [The meeting now has been scheduled for March 9, 2005 at 7:30pm]
A motion to adjourn was made at 11:12 p.m. by Ralph Pascucci and seconded by
Susan Cummings. Chairman Ian Murray – aye, Susan Cummings – aye, Ralph Pascucci – aye, Albert Baker –
aye, Robert Park – aye, Laurie Griffen – aye, and Barney Drumm -- aye. Carried 7-0.
Respectfully
submitted,
Catherine
E. Cicero
Clerk