TOWN OF SARATOGA

PLANNING BOARD

MINUTES

July 30, 2008 - 7:30 PM

 

 

Chairman Ian Murray called the meeting to order at 7:30 p.m.

 

Planning Clerk Linda McCabe called the roll.  Chairman Ian Murray – present, Paul Griffen – present, Robert Park – present, Laurie Griffen – present, Patrick Hanehan – absent, Robert McConnell – present, Jennifer Koval – present, and Alternate Joseph Lewandowski – absent.

 

Also attending: Town Engineer Kenneth Martin, David Myers, Robert Sullivan, Walter and Lisa Taras.

 

Sign-in sheet is on file in the Planning Clerk’s office.

 

Approval of Minutes: A motion was made by Robert Park, and seconded by Laurie Griffin to accept the minutes of the June 25, 2008 meeting as written.  Chairman Ian Murray – aye, Robert Park – aye, Laurie Griffen – aye, Patrick Hanehan – absent, Paul Griffen – aye, Robert McConnell – aye, Jennifer Koval – aye, Alternate Joseph Lewandowski – absent.  

Carried  6 - 0.

 

Order of Business:

Public Hearing

 

Elizabeth Sullivan       #08-10                                                            Owner Robert W. Sullivan

136 Walsh Rd.                                                                                    136 Walsh Rd.

Saratoga Springs, NY  12866                                                            Saratoga Springs, NY  12866

S/B/L 168-2-48.1 Rural

 

Robert Sullivan, the Applicant’s brother, proposes to subdivide a 4 acre parcel, two acres on each side of Walsh Rd. with an existing house, from his 46.76 acre parcel to be conveyed to the Applicant.

 

Robert Sullivan appeared before the Board and asked if the Board had any other questions or concerns about this subdivision.  Chairman Ian Murray stated the Applicant needs to add a qualification statement to his map stating that the remaining 42.76 acres remain in agriculture since there has not been any perc testing or deep-hole tests done on those lands; everything else is fine.  Chairman Ian Murray asked Town Engineer Ken Martin for his thoughts.  Town Engineer Ken Martin agreed with Chairman Ian Murray on this and added the statement should appear on all deeds and on all plot plans.  Chairman Ian Murray asked if the Board had any other questions on this application, there were none. 

 

Proof of Notice having been furnished by newspaper on July 21, 2008, Chairman Ian Murray opened the Public Hearing at 7:34 p.m.  Chairman Ian Murray asked anyone with questions or concerns to please stand up and state their name and address.  No interested parties came forward.  Chairman Ian Murray closed the Public Hearing at 7:35 p.m.

 

 

Chairman Ian Murray read the letter from the Saratoga County Planning Board indicating no significant county wide or intercommunity impact.

 

Paul Griffin read the short form EAF, line by line, which was completed by the Board. Chairman Ian Murray made a motion, seconded by Laurie Griffin to accept the documents as presented, to declare the SEQR review complete and to make a Negative Declaration. 

Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – absent, Paul Griffen – aye, Robert McConnell – aye, Laurie Griffen – aye, Jennifer Koval – aye, Joseph Lewandowski – absent.  Carried 6 - 0 

 

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

 

 Robert Park made a motion, seconded by Robert McConnell, to approve the Subdivision as proposed and to grant the subdivision on condition of the Qualification Statement: “Parcel is to be used for agricultural purposes only.  If changes are to be made in the Occupancy/use on any part or on this entire parcel, the owner of record shall first return to the Town of Saratoga Planning Board for review and approval of any change in occupancy/use.”  Also put numbers to lots 1 and 2; (example Lot # 1 to the 42.76 acre parcel, and Lot # 2 to the 4 acres.) and add to the survey map.   Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – absent, Paul Griffen – aye, Robert McConnell – aye, Laurie Griffen – aye, Jennifer Koval – aye, Alternate Joseph Lewandowski – absent. 

Carried 6 - 0 Approved

 

Kevin Van Buren       #08-11                                                     Estate of Thomas W. Reed

5 Samspring Dr.                                                                         P.O. Box 248

Saratoga Springs, NY  12866                                                   Victory Mills, NY  12884

S/B/L 168-3-9 Conservancy

 

Applicant proposes to subdivide 2.2+/- acres from a 5.9+/- acre parcel, located at 771 Rt. 29 next to the county sandpit, for a single-family residence. 

 

Dave Myers appeared before the Board on behalf of this Applicant.  He stated he understands Jim Vianna presented this proposal previously and he then reviewed the proposal with the Board.  He noted the existing home on lot 1 will remain the smaller lot at 2 acres.  The other 4 acres will be the new lot, lower on the property by the creek.  The lower lot will be accessed through a common driveway; it will run about 800’ with a pull-off at the top of the curve and one about 300-400’ down from that one.  It will meet the Town driveway standards; 12’ wide and crusher-run topping, etc.  It was cut with a consistent grade throughout, down to the second drainage draw and falls below the 12% threshold. From there it is 10% grades and they’ll put in a couple of drainage culverts.  It’s a fairly flat shot down to the lower house once past the second drainage draw.  The second house will be located on a kind of plateau.  It will be a 4 bedroom home with a walkout basement.  The walkout elevation will take you to a lower bench where a conventional septic system will go.  It has deep sands there and the perc rate is about 2 minutes. The tests were done about a month ago.  Four lines at about 45 ’each, with the septic system coming out of the walkout basement and right there it is a little over 100’ set-back from Fish Creek’s high water mark. Chairman Ian Murray noted he had been worried about the septic being on the slope, but upon speaking with Town Engineer Ken Martin after his site visit, it’s all set.  Chairman Ian Murray noted we need a copy of the shared driveway agreement and we need to have it reviewed by our Town Attorney William Reynolds.  He also stated we need the 50’ clearing limits for the creek noted along with the load limit of 50,000 lb. truck for the driveway.  Dave Myers stated he owes the water notes on the well details since it’s not on Jim’s sheet.  Chairman Ian Murray

 

agreed.  Chairman Ian Murray noted the lot-lines are a bit goofy looking and upon first look, it kind of looks like a flag lot, but it is not.  He then asked the Board if there were any other questions.  Robert McConnell asked Town Engineer Ken Martin what his thoughts were on this and Town Engineer Ken Martin stated it is fine as they meet all our regulations.

 

Proof of Notice having been furnished by newspaper on July 21, 2008, Chairman Ian Murray opened the Public Hearing at 7:46 p.m.  Chairman Ian Murray asked anyone with questions or concerns to please stand up and state your name and address.  No interested parties came forward.  Chairman Ian Murray closed the Public Hearing at 7:47 p.m.

 

Chairman Ian Murray read the letter from the Saratoga County Planning Board indicating no significant county wide or intercommunity impact.

 

 Paul Griffin read the short form EAF line by line, which was completed by the Board.  Chairman Ian Murray made a motion, seconded by Robert Park to accept the documents as presented, to declare the SEQR review complete and to make a Negative Declaration.   

Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – absent, Paul Griffen – aye, Robert McConnell – aye, Laurie Griffen – aye, Jennifer Koval – aye, Alt. Joseph Lewandowski – absent.  Carried 6 - 0 

 

Chairman Ian Murray made a motion, seconded by Robert Park & Laurie Griffin, to approve the subdivision on condition of:

 

1.              Shared Driveway Agreement submitted for review by the Town Attorney.

2.              Clearing limit to stream indicated on drawing.

3.              Allowable 50,000 lb. vehicle load design added to driveway detail.

4.              Water well notes added to drawings.

5.              Receipts of neighbor notifications

Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – absent, Paul Griffen – aye, Robert McConnell – aye, Laurie Griffen – aye, Jennifer Koval –aye, Alt. Joseph Lewandowski – absent. Carried 6 - 0 Approved

 

 

Walter J. Taras          #08-12

173 Co. Rt. 69

Schuylerville, NY  12871

S/B/L 182-2-29 Rural

 

Applicant proposes to subdivide a 5 acre lot (Lot 2C) and a 1.88 acre lot (Lot 2D) from the 53.15 acre parcel (Lot 2A).  Applicant will retain ownership of the remaining 46.29 parcel (Lot 2A).  This is located near the intersection of Hathaway Rd. and Co. Rt. 69.

 

Applicant Walt Taras appeared before the Board and reviewed the septic design.  He would like to make it a gravity feed; keep the 60’ buffer for the leech field, feeding down toward Hathaway Rd., with its entrance off of Hathaway Rd. The Applicant stated the Town has already put in a culvert pipe for him.  He has put in a small driveway there, but eventually it will be in the middle, up on the top, where they can get a view.  The other lot is like a smaller valley, and it

is quite sloped.  He proposes putting a silt fence around it and later on put the clay on it to keep it from washing the sand down that bottom slope.  He asked Town Engineer Ken Martin,

 

concerning the extra absorption trenches, if they have to be installed now or in the future and Town Engineer Ken Martin responded no; you just need the space allotted for it.  The Applicant then questioned when he goes back the 60’ buffer from the road, he then must go back even farther to allow for the future/allotted space, and if he does, can he still taper it to the top the way it’s supposed to look for the above ground systems and Town Engineer Ken Martin said yes.  The Applicant then stated his idea of anything with a slope is to strip the topsoil and save some of it to put back on it and reseed it; hopefully he will get a chance to do it this fall in order to get it stabilized.  The Applicant then explained the other roadway he put in a few years ago runs in from the back of Co. Rd. 69, almost kitty-cornered from Hanehan Rd., directly across from where the County put in a pipe for him.  He said he will have it flip-flopped so it is in there the right way.  Town Engineer Ken Martin asked the Applicant where the well is located on his sister’s lot. The Applicant replied she drilled it up in the corner, pointing out the location on the map, stating 54’ at 15 gallons per minute of great water.  Town Engineer Ken Martin then asked how far is it from the sanitary system on the new lot and Chairman Ian Murray added it might be a problem due to separation distances due to the contours. It may need to be moved up the hill farther.  The Applicant asked Town Engineer Ken Martin what the separation distance from his sister’s well to the new sanitary system should be.  Town Engineer Ken Martin responded that without knowing what the contours are he wouldn’t know, but it looks real tight right now.  Both of these are raised systems; both have to go through the Department of Health (DOH). DOH may require another perc, but it would be for DOH approval, before the leech fields go in.  Chairman Ian Murray stated we have to look at the contours and what DOH dictates will determine how far away from the well the leech field needs to be.  The Applicant then questioned if he needs his sister’s well log and Chairman Ian Murray said yes, because the distance is doubled if the well is downhill of the leech field.  Chairman Ian Murray stated this is DOH law. Town Engineer Ken Martin reviewed: find the location of the well and the well logs.  The Town Standard Water Notes need to be included on the drawings along with the Standard well detail.  Note that the Town of Saratoga Water Regulations do not allow the water well casing to be included in the water storage calculation and the well pump must be restricted to pump no more than the stabilized water flow.  The sanitary absorption field is an engineered system and will need to be reviewed by NYS DOH.  And be sure the agriculture note stays on.  Chairman Ian Murray also stated with conservation subdivision there is usually a 75’ buffer minimum, so he’d like to see the hedgerow protected.  The Applicant said he will put a “no cutting” note on there to protect the hedgerow buffer; he likes it there himself.  Chairman Ian Murray asked if there were any other questions from the Board, there were none.

 

Proof of Notice having been furnished by newspaper on July 21, 2008, Chairman Ian Murray opened the Public Hearing at 8:04 p.m.  Chairman Ian Murray asked anyone with questions or concerns to please stand up and state your name and address.  No interested parties came forward.  Chairman Ian Murray closed the Public Hearing at 8:05 p.m.

 

Chairman Ian Murray asked if there were any more questions from the Board; there were none.  Chairman Ian Murray read the letter from the Saratoga County Planning Board indicating no significant County wide or intercommunity impact.

 

 Paul Griffin read the short form EAF, line by line, which was completed by the Board.            Chairman Ian Murray made a motion, seconded by Laurie Griffin to accept the documents

as presented, to declare the SEQR review complete and to make a Negative Declaration. 

Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – absent, Paul Griffen – aye, Robert McConnell – aye, Laurie Griffen – aye, Jennifer Koval – aye, Alt. Joseph Lewandowski – absent.  Carried 6 - 0

 

 

Chairman Ian Murray made a motion, seconded by Robert McConnell, to approve the subdivision as presented, on condition of:

 

1.   NYS  DOH  approval on alternative sanitary system.

2.              Show well location for corner lot and distance to sanitary systems.

3.              Put water notes on drawing.

4.              A “No clearing” to the hedgerow between this property and the neighboring property to the north.

5.              Receipt of neighbor notifications

Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – absent, Paul Griffen – aye, Robert McConnell – aye, Laurie Griffen –aye, Jennifer Koval – aye, Alt. Joseph Lewandowski - absent.  Carried 6 – 0 Approved

 

Old Business: Laurie Griffin gave an update on the new town park.  They have received a clearance letter from DEC, but they are still waiting on the archeological results.  They are trying to move forward putting bids out for clearing for the fall, and BOCES is interested in helping again, using their work as class time. 

 

New Business: None

 

A motion to adjourn was made at 8:35 p.m. by Laurie Griffin, and seconded by Chairman Ian Murray.  Chairman Ian Murray – aye, Robert Park – aye, Laurie Griffin – aye, Paul Griffen – aye, Jennifer Koval – aye, Patrick Hanehan – absent, Robert McConnell – aye, Alt. Joseph Lewandoski - absent.

Carried  6– 0

 

The next meeting will be held August 27, 2008 

 

Meeting adjourned       

 

Respectfully submitted,

 

 

Linda McCabe

Planning Clerk

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