TOWN OF SARATOGA
PLANNING BOARD
MINUTES
June 25, 2008
- 7:30 PM
Chairman
Ian Murray called the meeting to order at 7:33 p.m.
Planning
Clerk Linda McCabe called the roll.
Chairman Ian Murray – present, Paul Griffen – present, Robert Park –
present, Laurie Griffen – absent/arrived at 7:38 pm., Patrick Hanehan –
present, Robert McConnell – present, Jennifer Koval – absent/arrived at 7:38
pm., and Alternate Joseph Lewandowski – present.
Due to the absence of a
couple Board Members, Chairman Ian Murray elevated Alternate Joseph Lewandowski
to full Board Member.
Order of Business:
Public
Hearing
Robert Stickle Matthew
Ernst, owner
27 Myers Lane 1164
Rt. 29
Schuylerville, NY 12871 Schuylerville,
NY 12871
S/B/L 157-1-49.2 Rural Residential
Applicant is seeking a Special Use Permit to open a retail candy and
craft shop, named Schuyler Sweets, in an existing building, previously a tattoo
parlor, at 1164 Rt. 29, Schuylerville, NY.
The Applicant appeared before the Board and Chairman Ian Murray stated
what a great job the Applicant has done on the building and thanked him for the
sample of candies provided at last month’s meeting. Chairman Ian Murray stated he has no further questions of this
Applicant and asked the Board if they had any questions; there were none.
Proof of Notice having been furnished by newspaper on June 15, 2008, Chairman Ian Murray opened the Public Hearing at 7:35 p.m. Chairman Ian Murray asked anyone with questions or concerns to please stand up and state their name and address. No one came forward.
Chairman Ian Murray
closed the Public Hearing at 7:36 p.m.
Paul Griffin read the short form EAF, line by line,
which was completed by the Board. Paul
Griffin made a motion, seconded by Patrick Hanehan 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 – aye, Paul Griffen –
aye, Robert McConnell – aye, Laurie Griffen – absent, Jennifer Koval – absent,
Joseph Lewandowski – aye. Carried 6 - 0
Board members Laurie Griffin and Jennifer Koval arrived at 7:38 pm.
Chairman Ian Murray asked if there were any more questions from the
Board, there were none.
Chairman Ian Murray
made a motion, seconded by Patrick Hanehan, to approve the Special Use Permit
as proposed. Robert Park asked if
this is to be a one-year renewable and Chairman Ian Murray and Town Engineer
Ken Martin believe it is unnecessary.
Chairman Ian Murray questioned the Board if they would like this to be a
one-year renewable permit and they did not feel it necessary. Chairman Ian Murray then asked the Board for
those in favor of the motion: Chairman Ian Murray – aye, Robert Park
– aye, Patrick Hanehan – aye, Paul Griffen – aye, Robert McConnell – aye,
Laurie Griffen – abstained, Jennifer Koval – abstained, Alternate Joseph
Lewandowski – aye. Carried 6 - 0 Granted
Vincent Hill
1008 Rt. 29
Saratoga Springs, NY 12866
S/B/L 156-1-38.31 Rural Residential
Applicant is
seeking a Special Use Permit to open an awning and deck accessory retail
business out of his garage, located at 1008 Rt. 29.
The Applicant
appeared before the Board. Chairman Ian
Murray stated the Applicant has gotten a good start on the parking, has gotten
the fence up and it’s looking good.
Chairman Ian Murray questioned the Applicant on outside storage. The Applicant responded he will be storing
everything in the garage. He will have
things outside during the day, but all will be stored in the garage at the end
of each day. Chairman Ian Murray asked
if the Applicant knew about sign regulations and he said yes, he will use the
same size sign that was there in the past.
Chairman Ian Murray also stated the Applicant is to be sure his
right-of-way setback is correct from Rt. 29, otherwise the state will notify
both the Town and the Applicant so be sure to get it right. He added he still wants to see a couple of
trees midway down the drive to break up the visual and the Applicant
agreed. Chairman Ian Murray asked if
there were any other questions from the Board.
They questioned if there would be lights for the sign and the answer is
no. Town Engineer Ken Martin stated the
parking spaces on the left side, facing the garage, are too small. The
Applicant needs to enlarge those.
Chairman Ian Murray stated they would like those spaces to be 10’ x 20’
due to the rubble drive and the Applicant agreed and also told the Board there
will be 5 spaces on the right side and only 2 on the left.
Proof of Notice having been furnished by newspaper on June 15, 2008, Chairman Ian Murray opened the Public Hearing at 7:43 p.m. Chairman Ian Murray asked anyone with questions or concerns to please stand up, state your name and address. No one came forward.
Chairman Ian Murray
closed the Public Hearing at 7:44 p.m.
Paul Griffin read the short form EAF, line by line,
which was completed by the Board. Paul
Griffin 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 – aye, Paul Griffen – aye, Robert McConnell – aye, Laurie Griffen – aye, Jennifer Koval – aye.
Carried 7 - 0
Patrick Hanehan
made a motion, seconded by Robert Park, to approve the Special Use Permit with
conditions: this is a one year renewable permit, and there is to be an
inspection done by either Town Engineer Ken Martin or Zoning Officer Gil
Albert.
Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – aye, Paul Griffen – aye, Robert McConnell – aye, Laurie Griffen – aye, Jennifer Koval – aye.
Carried 7 - 0
Granted
David & Betty Larmon
162 Burgoyne Rd.
Schuylerville, NY 12871
S/B/L 156-3-44 Rural
Applicant proposes
to subdivide 39.62+/- acre parcel to sell to Fish Creek Rod & Gun Club and
retain 2.18+/- acres for themselves.
Jim Vianna appeared before the Board on behalf of the Applicants. He reviewed the subdivision with the Board and spoke about the conservation easement deed and the land remaining as is. Chairman Ian Murray stated the Board knows this case well; it has been on-going quite a while. One of the main things concerning the Board, and has for a couple of years, is they want and need the two landlocked parcels to be attached to the larger gun club parcel. Jim Vianna stated, once again, it is up to the club to make that decision and we agreed last month that it wasn’t part of this action. Chairman Ian Murray stated the Board did not agree with that and it is the duty of the Board to correct these things as they come across them. This is a situation where the Board can correct it. Jim Vianna asked if we are agreeable that this is on the Larmon property and the gun club is a separate property. Chairman Ian Murray responded this is essentially a subdivision and kind of a lot-line adjustment, so it does, somewhat, affect that land. As an appointed Board, it is our duty and obligation to protect the residents of the Town. Jim Vianna said it is the club’s call. Chairman Ian Murray stated that combining those landlocked parcels was put to the club two years ago when they tried to do a lot line adjustment.
Chairman Ian Murray stated he would require statements on the plat for agricultural and recreational use only, no further subdividing and no buildings at all; Saratoga Plan agreed with this. Chairman Ian Murray said the Board would like a short seasonal road or large parking spot, due to the vertical curve there on Burgoyne Rd., of at least 20’ x 40’ for turn around and prevention of hazardous accidents on Burgoyne Rd. Jim Vianna said they could do that but there’s no use for it because Saratoga Plan can access that parcel from the club’s land. Jim
Vianna stated as for the agriculture land, the farmers can use the existing driveway on Dave Larmon’s property for access to that field. Chairman Ian Murray responded that Jim Vianna stated this land is for the hunting club, and if they start hunting from both sides he’d rather not see vehicles along Burgoyne Rd. Jim Vianna said no, no, they wouldn’t access it through Burgoyne Rd. Chairman Ian Murray stated if that’s the case then it is to be put on the plat: no access and no parking on Burgoyne Rd. Laurie Griffin asked what the width of the access is on Burgoyne Rd. and Jim Vianna responded 30’. Chairman Ian Murray asked if Jim Vianna had
surveyed this land and he said no, a company in Greenwich is able to do the survey. Chairman Ian Murray stated that they are to stake and flag adjoining/boundary lines every hundred feet (100’), all boundary lines. Jim Vianna stated that the stakes and flags will be done in October; then said in the winter due to ground conditions. It's easier when the ground is hard. He also said he will furnish the Board with the contract he has with the surveying company. Chairman Ian Murray next stated he has comments and questions on the conservation easement:
page 5- Signs; they have temporarily advertised property for sale/rent. Once this changes over it’s not going to change again so strike that out of there.
3.06- Towers; Strike and remove entire paragraph.
3.08-Riparin Areas;
we have clearing limits in the Town regulations and it’s pretty close to what’s
on there, so add: Subject to Local Law.
3.11-Motor Vehicle Use; grantor shall limit
use of all motor vehicles including all terrain vehicles on the easement area
to the following: A. General ingress/egress to permitted structures on the property
and for construction and maintenance of permitted structures and
improvements. This needs to be stricken. B. & C. Add seasonal
driveway or pull-off, 20’ x 40’needs to be on Burgoyne Rd.
E. For the retrieval of harvested big game
animals on the portion of the property during the legal hunting season. Chairman Ian Murray asked if they are going
to drag the animals down to the south end of the property. If the gun club doesn’t want to put in a
road on Burgoyne Rd., then they will have to drag the animals to the south
end. Jim Vianna stated they could put
in a gravel drive or something.
Chairman Ian Murray stated a 20’ x
40’ road/pull-off will do it.
page 11- 4.09-A. Agriculture structures; those three paragraphs need to be stricken because there are to be no buildings.
Chairman Ian Murray then asked if there were any other questions. Robert Park requested that when all is said and done, the Board should receive a copy of the recorded deed signed/sealed from the County Clerk’s office for the file. Saratoga Plan agreed with this.
Proof of Notice having been furnished by newspaper on June 15, 2008, Chairman Ian Murray opened the Public Hearing at 8:07p.m. Chairman Ian Murray asked anyone with questions or concerns to please stand up, state your name and address.
Lee Moll questioned who would have ownership of the land, the gun club or Saratoga Plan. Jim Vianna said it will be transferred to the gun club and Saratoga Plan retains the easement. Mr. Moll then asked if there will be any public camping allowed and Jim Vianna said no. Mr. Moll asked if something could be done to allow it. Chairman Ian Murray said he thinks it’s a good idea. Jim Jennings added it would be a liability to the gun club and there is camping there now for members only. Mr. Moll asked if it will be open to hunting. Jim Jennings stated again, for members only; they’re not in the business of renting it out. It’s all for members only.
Clarence Fosdick questioned access off of Burgoyne Rd.; is it for public or members only. Chairman Ian Murray stated no public access and it needs to be posted.
Lee Moll questioned if Saratoga Plan is going to advertise this as a recreational trail; for boating, canoeing, kayaking-can the public use it for that. Chairman Ian Murray responded he doesn’t believe that is their intent at all. He believes Saratoga Plan is only the handler, per say, for the transaction and the funds. Saratoga Plan stated none of this is for public access. Chairman Ian Murray asked if there were any other questions; there were none.
Chairman Ian Murray
closed the Public Hearing at 8:13p.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.
Robert Park made a motion, seconded by Robert McConnell 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 – aye, Paul Griffen – aye, Robert McConnell – aye, Laurie Griffen – aye, Jennifer Koval – aye.
Carried 7 - 0
Chairman Ian Murray asked if there were any questions from the Board. Paul Griffin stated he supports this. He also stated that as a Board it is important they never make a landlocked piece of property; they should always try to reduce a landlocked property. Chairman Ian Murray stated he doesn’t agree with this proposal, it doesn’t meet the letter of the law the way it was written, but is in agreement with protection of land, though this is not a true flag lot. There are a lot of holes in this. It is our duty to correct these landlocked parcels when we come across them. Chairman Ian Murray then requested the gun club combine the parcels to eliminate the two landlocked parcels on Fish Creek Rod & Gun club property. Patrick Hanehan agreed the Gun club should discuss combining those landlocked parcels. Robert Park asked where is the good will on the part of the Fish Creek Gun club; this is not an unreasonable request. Jim Jennings stated he will go to the club and their attorney and discuss this in a good faith effort. Chairman Ian Murray asked if there were any more questions, there were none. Jim Vianna stated they will add to the map a note stating a road/pull-off; Chairman Ian Murray stated 20’ x 40’, for members only with a members only posted sign, agricultural and recreational use only, no further subdivision, no structures or buildings of any kind and all boundaries to be posted and flagged every hundred feet (100’).
Poll of the Board:
Chairman Ian Murray: yes
(Though I don’t believe this meets the letter of the law on flag lots, but I’m
willing to go along with this. We would
like and request that Fish Creek Rod & Gun club combine the three parcels
into one parcel.)
Robert Park: yes
Patrick Hanehan: yes
Paul Griffin: yes
Laurie Griffin: yes
Robert McConnell: yes
Jennifer Koval: yes
Paul Griffin made a motion, seconded by Laurie Griffin, to approve the subdivision with conditions listed: A note on the map stating: a small 20’ x 40’ road/pull-off off Burgoyne Rd. for members only with a members only posted sign, agricultural and recreational use only, no further subdivision, no structures or buildings of any kind and all boundaries to be posted and flagged every hundred feet (100’), and revision of conservation easement agreement. Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – aye, Paul Griffen – aye, Robert McConnell – aye, Jennifer Koval – aye, Laurie Griffen –aye.
Carried 7 – 0 Granted
The final revised conservation easement will be included in the file.
Sketch Plan
Elizabeth Sullivan 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
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. He presented
his survey to Chairman Ian Murray, showing how the 4 acre parcel is separated
by the road; 2 acres on each side. The
existing house on this 4 acre parcel is on the east side. Chairman Ian Murray stated there are two
houses on the parcel now and the Applicant said yes, and they’re on two deeds,
separated out for tax purposes. One house is on the land to be subdivided and
the other house is on land to be retained by the Applicant. Paul Griffin questioned if this could be a
lot-line adjustment and Town Engineer Ken Martin stated this is being separated
from another lot so that makes it a subdivision. Chairman Ian Murray stated there is already an existing well and
septic there and Town Engineer Ken Martin stated that the Board can either have
them do perc and soil engineering tests or we can make it agriculture, which
we’ve done before. Chairman Ian Murray
stated the Board needs the Applicant to get ag data statement on the map. Robert Park questioned if the Applicant has
agriculture exemptions and if he’ll lose it by subdividing this parcel. The Applicant replied that yes he does have
an agriculture exemption but he will not lose it due to retaining his 42 acres
of land after this subdivision.
Chairman Ian Murray stated there is no soil engineering needed, just put
the agriculture data statement on there and we will go for a Public Hearing
next month. Returning
Special
Use Permit Amendments
Gil Albert
967 Rt. 29
Saratoga Springs, NY 12866
S/B/L 156-1-3.1 Rural Residential
Applicant is
seeking an amendment to his special use permit. He’d like to erect a small retail shop on the front end of his
property.
Applicant Gil
Albert appeared before the Board and explained that he wants to close Eisha’s
Victory Emporium in Victory Mills and open a small retail shop on his property
on Rt. 29. He believes it would be open 3 days a week, 9 AM – 5 PM. The Applicant will put in a rubble parking
area and a sign for the shop. He will
put this about 80’– 90’ off the front property line; it will be recessed into
the hill and he is also thinking about putting a pathway from this property to
Denise Murphy’s shop next door. The Applicant
also stated there will be no deliveries and no outside storage. Chairman Ian Murray stated this is for an
amendment to his original Special Use Permit and it is still for retail
services. Board member Laurie Griffin
stated she believes this fits in nicely and really likes the idea. Chairman Ian Murray asked if there were any
questions from the Board, there were none.
Chairman Ian Murray made a motion, seconded by Patrick Hanehan to approve the amendment to this Special Use Permit. Chairman Ian Murray – aye, Robert Park – aye, Patrick Hanehan – aye, Paul Griffen – aye, Robert McConnell – aye, Jennifer Koval – aye, Laurie Griffen –aye.
Carried 7 – 0 Amendment Approved
Phillip N. Heitmann
19 Stafford Bridge Rd.
Saratoga Springs, NY 12866
S/B/L 169-1-44 Rural
Applicant is
purchasing the Lapointe Junkyard and is seeking Planning Board approval for
modifications to existing junkyard.
Applicant Phillip Heitmann appeared before the Board and handed out his Phase I plan. He stated this is an existing junkyard and he wants to clean it up and get it operable again. He wants to erect an 8’ fence to Town specifications behind the current offices and to remove the mobile home. He would like to put in a parking area and get the vehicles off the road due to his concern with 18 wheelers unloading on the road, so the parking will be for customers. All work will be done behind the fence.
Zoning Officer Gil Albert stated this review of junkyard permits is something new he is implementing and he’d like it to be done annually with this Board. Chairman Ian Murray stated it’s established before the Zoning Board now, and we are establishing conditions from here forward.
Board member Laurie Griffin asked how big the parking lot will be and the Applicant replied 100’ wide. Board member Robert Park questioned if this is also a wrecker service and the Applicant replied yes, it goes hand in hand with this business. Board member Paul Griffin questioned if the automobiles will be behind the fence and the Applicant said yes. Chairman Ian Murray asked if the Applicant anticipates clearing more of the back there and was told they are cleaning that up too. Board member Laurie Griffin questioned if the Applicant is sticking to town regulations for junkyards now and was told yes. She then questioned if there is a residence on there and the Applicant responded no. A discussion between the Board and the Applicant continued on various aspects of his business. The Applicant told the Board how he took over Lake Auto in Clifton Park 5 yrs. ago and started at $200,000. Now it is a business earning over a million dollars. Chairman Ian Murray stated he will testify to that. In the last 5 yrs. he has seen all the clean up and told the Applicant what a good job he’s done there. Town Engineer Ken Martin questioned if he takes the cars apart inside and the Applicant told him he does this on a concrete pad, draining all fluids before taking them apart. The Applicant then explained the dismantling procedures, ENCON visits, and his process of quarterly clean-out to make room for new salvage. The Applicant also stated he takes only autos and scrap metal. He plans to do recycling of tires for the Town and a metal drop; lawn mowers, grills, refrigerators etc. for environmental cleanup. He is not planning on putting up a scale and buying scrap metal. He recycles the fuel from the scrapped automobiles and he runs his vehicles and his employee’s vehicles on that recycled fuel. Chairman Ian Murray stated there’s a neighbor here who would like to speak. Todd Masten stated he believes this will be a more viable business than in the past and he has already noticed the clean-up efforts. He is looking forward to Phil taking over this business. We like his hours of operation. We like and encourage the fencing and leaving the
evergreens, that way we can’t see what goes on there. Right now with Mr. Lapointe we’ll hear a jackhammer at 3 am. Again, we encourage Phil being granted this.
Chairman Ian Murray would like the Applicant to walk a couple of Board members around for site review and go through the Phase I proposal showing them how he’d clean it up. The
Applicant is happy to do so; Paul Griffin, Robert Park and
Robert McConnell will meet with the Applicant on Friday, June 27th
at 8 am. Robert Park asked when the
closing is to be and the Applicant responded hopefully before July 4,
2008. Chairman Ian Murray stated there
really is no action needed; this is grandfathered so this permit review can be
done in 6 months. We then will review
it annually. For the record:
Chairman Ian Murray made a motion, seconded by Laurie Griffin to approve the amendments to the grandfathered Special Use Permit with a review in 6 months. Once all conditions on Phase I are met, along with any others that may come up on the Friday site review, we will make it a One Year Renewable Permit. Chairman Ian Murray – aye, Robert Park – aye, Laurie Griffin – aye, Paul Griffen – aye, Jennifer Koval – aye, Patrick Hanehan – aye, Robert McConnell – aye.
Carried 7– 0 Approved
A motion to adjourn was made at 9:31 p.m. by Laurie Griffin, and seconded by Robert McConnell. Chairman Ian Murray – aye, Robert Park – aye, Laurie Griffin – aye, Paul Griffen – aye, Jennifer Koval – aye, Patrick Hanehan – aye, Robert McConnell – aye.
Carried 7– 0
Old Business: Chairman Ian Murray asked Zoning Officer Gil Albert to go to the Grotto’s on Rt. 29 and issue them an Order to Remedy and to give them until July 30, 2008 to comply. Zoning Officer Gil Albert stated if they don’t comply with the Order to Remedy we will take them to court for non-compliance.
Board member Robert Park asked what is going on with the Gong property and Zoning Officer Gil Albert responded he will be inspecting it tomorrow, June 26th. Chairman Ian Murray stated that the application for the deli on Rt. 29 has been withdrawn and the veterinarian hospital on Rt. 29 is ongoing.
New Business: None
The next meeting will be held July 30, 2008
Meeting adjourned
Respectfully
submitted,
Linda
McCabe
Planning Clerk