TOWN OF SARATOGA

PLANNING BOARD DRAFT MINUTES

March 25, 2009

 

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

 

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

 

Also attending: Town Engineer Ken Martin, Raymond Smith, Clarence Fosdick, Paul Tommell, Michael Brooks, Dave Brennan, Mark Sweeney, Michael Brooks, Joe Finan and other interested persons.

 

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

 

Due to the absence of a few Board Members, Chairman Ian Murray made a motion, seconded by Laurie Griffin to elevate Alternate Joseph Lewandowski to full voting status.  Chairman Ian Murray – aye, Robert Park – aye, Laurie Griffen – aye, Patrick Hanehan – aye, Paul Griffen – absent, Robert McConnell – absent, Jennifer Koval – absent.    

Carried 4-0

 

Approval of Minutes: A motion was made by Chairman Ian Murray, and seconded by Patrick Hanehan, to accept the minutes of the February 12, 2009 meeting as written Chairman Ian Murray – aye, Robert Park – aye, Laurie Griffen – aye, Patrick Hanehan – aye, Paul Griffen – absent, Robert McConnell – absent, Jennifer Koval – absent, Alt. Joseph Lewandowski - aye. Carried 5-0

Approved

 

Lot-line Adjustment

 

Charles Van Hall #09-01                                                      Owner: Dorothy A. Quigley

13 Olde Saratoga Knolls Lane                                                           121 Hughes Rd.

Schuylerville, NY  12871                                                                   Schuylerville, NY  12871

S/B/L 156-4-53.11 & 53.2

 

Applicant is seeking, on behalf of owner Dorothy A. Quigley, to adjust the boundary lines between her land and the lands of her neighbors, Van Hall and Capalbo; north of Olde Saratoga Knolls and south of Fish Creek.

 

Raymond Smith, LLS, of Surveysmith Land Surveying, appeared before the Board on behalf of the Applicant.  He handed enlarged maps to the Board members explaining that the Applicant, on behalf of the owner, would like to clean up the north and northeast boundary lines of the Van Hall property; to the north side is the Capalbo property and eastern side is the Desmond property.  They’d like to straighten out the curvy boundary for a cleaner line. After a short discussion between the Board and Raymond Smith, Chairman Ian Murray stated this is a lot line adjustment, no Board action is required.  The Board needs the Applicant to submit a copy of the updated survey and deed for their review and for the Town Attorney’s review; once the review is complete, they will be stamped and signed and the Applicant then needs to file it with the County.

Raymond Smith thanked the Board.

 

 

 

Chairman Ian Murray stated we have two Special Use Permit Pre-Submission Conference applications before the Board for telecommunication towers.  He proceeded to read the Town’s Purpose from the Zoning Regulations on telecommunication towers for the Applicants. Chairman Ian Murray then stated that each application will receive full review of the Board independent of each other.  He also added the two Applicants need to negotiate and see if they can work out how best to have one combined tower because the Board will not permit two towers in such close proximity.  The Board also feels both of these applications are incomplete at this time, therefore the Board will not schedule a public hearing or balloon float for our April meeting.  The Board has compiled a list of questions that need to be completed by the Applicants for our next meeting or at their leisure.  First application is Verizon.

 

Special Use Permit Pre-Submission Conference

 

Verizon Wireless/ Cellco Partnership #09-02         Owner:  Mr. & Mrs. Raymond DeRidder

David C. Brennan, Young, Sommer LLC                              180 Walsh Rd.

Executive Woods, 5 Palisades Dr.                                            Saratoga Springs, NY  12866

Albany, NY  12205

S/B/L 169-1-62.1 Rural

                                      

Applicant is seeking a Special Use Permit to construct a telecommunications tower on the lands of Mr. and Mrs. Raymond DeRidder.  The proposed tower will be a monopole of 105’ in height, including the lightning rod; 12 panel antennas mounted to the top of the tower, 1 GPS unit, microwave antennas as required for utility services, a 12’ x  30’ unmanned equipment shelter and all related ground equipment and utility services. 

 

Attorney David Brennan, of Young Sommer LLC, appeared before the Board on behalf of the Applicant. He introduced and discussed their plan and the schedule they would like to keep. Chairman Ian Murray asked if the Applicant had a larger map to display for the public to see and since he did not; Board Member Laurie Griffin handed her maps to those attending the meeting so they could see exactly what the Applicant was discussing with the Board.  David Brennan stated he has been contacted by the Town Historian who indicated his perspective, including wanting them to take pictures from the Saratoga Monument and Rt. 29 due to his visibility concerns.  Chairman Ian Murray said the Board has a list of photo sites that is being prepared where the pictures are to be conducted from and it will be ready in the next few days. 

Chairman Ian Murray handed the Applicant the list of questions the Board has generated since receiving the telecommunication tower packets, and explained they want these questions answered with their full application. As David Brennan reviewed the questions, he stated he will submit their responses in his report and he will also notify the park service when they will float a balloon.  Chairman Ian Murray questioned if they plan to co-locate on this tower and David Brennan said yes, two co-locaters; they will negotiate with two other carriers though they don’t have anyone lined up yet.  Chairman Ian Murray stated they seem to know the Town regulations well and David Brennan stated they will follow the process and see where it takes them.  Their normal write up is 8-10 pages with a full EAF.  They’ll provide a copy of their license that they can transmit from that location, tower design details, co-location commitment letter, lease agreement with their landlord, FAA analysis, tower removal letter, PE letter looking at radio frequency-50 megahertz, report stating emission compliance, site plan and Ag. Data statement. Chairman Ian Murray added they will need to provide copy to each of the two neighboring towns along with an affidavit of neighbor notifications.  Chairman Ian Murray then stated once their complete application is in for our April meeting, we can set a date for the balloon float, which will be on a Saturday, along with a weather date.  The Board will provide them with information on photo sites within a few days to a week.  Board Member Laurie Griffin questioned if they need to notify neighbors within 500’ for the balloon float and David Brennan stated they will do so if the Board wants them to.  Chairman Ian Murray stated yes, the Board would prefer that. 

Returning

 

Independent Towers LLC #09-03                                       Owner: Town of Saratoga

11 Herbert Dr.                                                                                      12 Spring St.

Latham, NY  12110                                                                              Schuylerville, NY 12871

S/B/l 169-1-64 Rural

 

Applicant is seeking a Special Use Permit to erect a telecommunications tower within a 60’x 80’ fenced compound on the Town of Saratoga land fill located on Hayes Rd. 

 

Mark Sweeney of Whiteman, Osterman & Hanna LLP, appeared before the Board on behalf of the Applicant.  Mark Sweeney stated at the risk of being repetitive to the previous applicant, they are working on putting together a similar package addressing all relevant areas of Town code, answering questions such as: why they can’t use existing structures, what the existing structures are, what the coverage needs are, what shared usage they’ll be making available that is suitable for a variety of tenants, site plan, screening, fencing, view shed assessment; all this material will be prepared and is currently being developed now.

This site is on the Town of Saratoga landfill and their intent is to develop a site that is suitable for a variety of tenants, including Verizon.  They’d be working with Verizon, making certain this would accommodate them and hopefully work together to try and evaluate what the alternatives are; whether or not the site works. The Applicant is certainly not ruling out combining the sites or consolidating the sites into one. If they have differences as to what they think the needs are, Mark Sweeney will explain to the Board what those differences might be and why they cannot reconcile and then go forth from there.  He added hopefully once they both have done their homework they’ll be able to describe to the Board the suitability of each entity.  They intend on having their package to the Board for the next meeting but if they find they will not meet that deadline, they will contact the Planning Clerk to keep the Board apprised.  Chairman Ian Murray handed the list of questions the Board has generated since receiving the telecommunication tower packets to Mark Sweeney. He reiterated that the Board wants these answered with their full application, and once their complete application is in for the April meeting, the Board can set a date for the balloon float. Chairman Ian Murray also added they will need to provide copy to each of the two neighboring towns along with an affidavit of neighbor notifications. The balloon float will be on a Saturday, along with a set weather date.  The Board will provide the Applicant with information on photo sites within a few days to a week.  Chairman Ian Murray noted that they will plan the two balloon floats for the same day; each Applicant will be notified of the date for the float.

Returning

 

Sketch Plan Conference for a Re-Subdivision

 

Saratoga Builders, LLC #09-04

8 Campion Ln.

Saratoga Springs, NY  12866

S/B/L 168.7-1-2, 3, 4, 5, 6 Rural

 

Applicant would like to re-subdivide the Burgoyne Estates subdivision, located on Anthony Lane.

 

Paul Tommell of Tommell & Associates appeared before the Board on behalf of the Applicant.  He reviewed the history of the original Burgoyne Estates subdivision, stating it was for very upscale housing and in today’s economy the Applicant is having marketing problems and is before the Board asking for relief.  Originally five lots were proposed and today the proposal is for seven. He stated the septic and wells will be as before, topography allows for the wells, driveways toward property lines and stated since they don’t meet zoning, they are looking for help and a recommendation from this Board.  Chairman Ian Murray stated the frontage isn’t there on 4 lots.  Michael Brooks, landscape architect of Tommell & Associates, stated the two additional lots storm water etc. won’t have any impact on what is there or on the road there.  Robert Park stated he feels this would stir up a hornets nest; the original subdivision took a lot of work.  Patrick Hanehan stated he doesn’t think it is good precedent, especially for future developments/developers; that if their development doesn’t go right then ‘just go before the Board and change it’; he doesn’t like it.  Chairman Ian Murray stated this is really a Zoning issue.  This Board will deny it tonight and then the Applicant will have to go before the Zoning Board of Appeals.  Town Engineer Ken Martin stated the Board may want to consider a recommendation.  Patrick Hanehan stated his recommendation is against this.  Robert Park stated this was a thorny development to get through from the beginning and Patrick Hanehan asked how long from start to finish did the original take and was told over a year.  Laurie Griffin questioned if the Board sends this to Zoning and they deny then that’s it and if Zoning approves it as presented then it comes back to Planning. Chairman Ian Murray responded that is correct, and if Zoning approves, then they have to do variances and we have to do the subdivision looking at the engineering and everything else for the reconfigured lots and then re-subdivide.  Paul Tommell questioned because they’d be creating illegal lots they would have to go before the Zoning Board of Appeals and Chairman Ian Murray stated that is correct.  Chairman Ian Murray then stated this Board has to make a motion to deny it and Paul Tommell asked if he could first get a general opinion of the Board on the re-subdivision: 

Patrick Hanehan stated he is against it, no. 

Robert Park stated he has a problem with reinventing a subdivision and in doing that they would be creating substandard lots, which is a bad precedent; as well as considering the fact that

the original lots aren’t selling as they are, so it’s to the economic benefit of the developer and builder to make them smaller to see if they can get a price out of it.  The other subdivision is going like gangbusters so it’s hard to figure why this one isn’t doing anything.  Paul Tommell responded its price point and Robert Park then said no.

Chairman Ian Murray stated his feeling is that the Board disapprove this proposal with no recommendation.

Laurie Griffen stated she agrees with Chairman Ian Murray.

Joseph Lewandowski stated he is against it.                                           

Paul Griffen – absent, Robert McConnell – absent, Jennifer Koval – absent.

 

Paul Tommell responded with that being said and without prejudice, he would like to pull this application.

 

Old Business:   Renewal of a Special Use Permit:

Phillip Heitmann #08-9

297 Hayes Rd.

Schuylerville, NY  12871

 

Phillip Heitmann’s Junkyard renewable permit is up for renewal.  The Board discussed his compliance and what a good job he is doing there.  On the recommendation of Zoning Officer Gil Albert, Planning Board Chairman Ian Murray made a motion, seconded by Laurie Griffen to grant the 1 year renewal of the Special Use Permit for Philip Heitmann’s Junk Yard.  Chairman Ian Murray – aye, Robert Park –  aye, Laurie Griffen – aye, Patrick Hanehan – aye, Paul Griffen – absent, Robert McConnell – absent, Jennifer Koval – absent, Joseph Lewandowski – aye.  Approved 5 - 0.

Granted

 

Robert Park questioned the Grotto Special Use Permit compliance.  Chairman Ian Murray said we will have Zoning Officer Gil Albert do an inspection and see if they are in complete compliance.

 

New Business: Laurie Griffin questioned if there needed to be Board action on requesting the cell tower applicants to notify surrounding neighbors for the balloon floats and Chairman Ian Murray stated no, our regulations state at Board’s discretion so we can determine what we need/want done.  Board discussion continued on tower height and the balloon floats.  The Board agreed they like the floats being done on a Saturday.

 

Laurie Griffin announced the arrival of Owen Gibbs Koval with Congratulations to Board Member Jen Koval and her family! 

 

Chairman Ian Murray made a motion, seconded by Patrick Hanehan, to adjourn the meeting at 8:43 p.m.  Chairman Ian Murray – aye, Robert Park –  aye, Laurie Griffen – aye, Patrick Hanehan –aye, Paul Griffen – absent, Robert McConnell –absent, Jennifer Koval – absent, Alternate Joseph Lewandowski – aye.  Carried 5- 0.

Meeting Adjourned

 

Respectfully submitted,

 

Linda McCabe

Planning Clerk

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