TOWN OF SARATOGA

PLANNING BOARD

MINUTES - DRAFT

November 29, 2006 - 7:30 PM

 

 

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

 

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

Also attending: Town Supervisor Tom Wood, Town Engineer Kenneth Martin, Town Attorney William Reynolds, 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 October 25, 2006 meeting. A motion was made by Robert Park, seconded by Patrick Hanehan, to accept the minutes of October 25, 2006 as written. Chairman Ian Murray – aye, Patrick Hanehan – aye, Robert Park – aye, Laurie Griffen – aye, and Robert McConnell – aye. Carried 5 – 0.

 

Order of Business:

 

Subdivisions

 

Saratoga Builders, LLC, Applicant               Valente Realty Partners, Owner

8 Campion Lane                                             315 Partition St.

Saratoga Springs, NY 12866             Rensselaer, NY 12144

S/B/L 155.-1-27.1&3 Rural Residential

 

Returning Applicant proposes a conservation subdivision consisting of 39 building lots on 80.41+/- acres.  39.11+/- acres of open space has been set aside, which will include 27.14+/-acres for a park, 1.05+/- acres for the Quaker Springs Fire District, and 10.92 +/- acres of greenspace.  The proposed subdivision would be located at the intersection of NYS Rte 29 and Louden Road. 

 

Sam Palazzole and Mike Brooks appeared on behalf of the Applicant, explaining updates to the application. Mr. Palazzole explained that the two issues left from the last meeting were the second public hearing and a final report from the Department of Health, which is expected any day.

 

Chairman Ian Murray said that he had several open issues.  First, he said that construction site access should be limited to Route 29.  He did not want construction trucks traveling through neighboring Towns such as Wilton and Northumberland due to liability issues.  Mr. Palazzole said that would not be a problem.

Second, Chairman Ian Murray said that he has reviewed the grading plans and is concerned about the loss of vegetation.  There followed a discussion on the clearing of roads and streets.

Town Engineer Kenneth Martin said that he would like some idea of a vegetation plan or number of trees per lot.  Mr. Palazzole said that they would try to leave a number of trees during construction, but if the trees have to come out, they will transplant if necessary.

Third, Chairman Ian Murray said that he had a question on map 8 of 22 on the well casings.  Town Engineer Kenneth Martin said that he would take a look at it.

 

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

 

Proof of notice having been furnished by newspaper on November 22, 2006, Chairman Ian Murray opened the Public Hearing at 7:46 p.m., asking that anyone having comments provide their name, address, and state whether they were for or against the proposal.

 

David Reulet—Raised concerns about the wells and associated reports, as well as the impact of new wells on surrounding properties.  Mr. Palazzole said that he will be asking neighbors for well information for base line information prior to drilling.  Mr. Reulet also asked for clarification on where the greenspace will be located.

Curtis Bratge—Raised concerns about construction trucks making the sharp corner onto Louden from Route 29, stating that it could be a liability issue for the Town if there is an accident there.

Clarence Fosdick—Continued the discussion of the sharp angle of the intersection and explained that the project does not own the property at the intersection necessary to make the change.

There followed a discussion on the ownership of the land.  Town Supervisor Tom Wood explained that the Town has information on the intersection and forwarded it to the State several months ago, asking for NYSDOT to review the intersection for safety improvement; however, the State has not responded as yet.

Kenneth Harrington—Asked who would be cleaning up the old Allen farm, stating his concern that there might be liability issues associated with the property since children continue to play on it.  Chairman Ian Murray referred him to the Town Board.

 

Everyone wishing to speak having done so, the Public Hearing was closed at 7:55 p.m.

 

Laurie Griffen noted that a traffic study has been conducted as part of the project review.  The Planning Board, as lead agency, forwarded information to NYSDOT as an involved agency.  To date, there has been no response.

 

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

RETURNING

 

Sketch-Plans

 

Arthur Kemmet, Applicant

183 River Road

Schuylerville, NY  12871

S/B/L 209.13-1-17 Conservancy

 

Returning Applicant is proposing a four lot subdivision on a 22.91+/- acre parcel situated primarily between NYS Rte 4 and River Road.  The parcel straddles Rte 4 and has additional frontage on Wilbur Road.

 

Art Durivage of Gil Van Guilder’s office, spoke to the Board explaining the map of the proposed subdivision, particularly the wetlands.  Mr. Durivage said his office has delineated the wetlands, which were verified by NYSDEC; he will provide a copy of the NYSDEC letter to the Board. 

Chairman Ian Murray clarified that NYSDEC does not review Army Corps of Engineer (ACE) classified wetlands; only NYSDEC classified wetlands.  He noted that a 100’ buffer has been established on the map for NYSDEC; however, although no buffers are required for ACE wetlands, the Town standards require a 50’ buffer.  The driveway for Lot 4 does not meet those requirements.

 

In answer to a question from Chairman Ian Murray, Mr. Durivage said that the flood plain elevations have not yet been established, but it appears that the building envelopes would be in the floodplain.  If they are, he said the buildings could be built above it.

 

Chairman Ian Murray asked for clarification regarding the lot configurations.  Mr. Durivage was unsure of the reasoning behind the configurations, but conjectured that they were designed to provide river rights to each homeowner.

 

Chairman Ian Murray requested that a copy of the plans be sent to Town Highway Superintendent David Hall to review the driveway plans.

 

Chairman Ian Murray reported that he has done a walk-through of the property and it is very wet.  He suggested that the other Board members do a walk-through as well to get a feel for site conditions.  Mr. Durivage provided an aerial view of the property and indicated the wetlands and heavily vegetated areas. The Board decided to walk the property on December 9th at 9:00 a.m.

 

Chairman Ian Murray noted that the perc and soil tests have not yet been conducted.  They must be performed on each proposed lot.

 

In answer to a question from the Board, Town Attorney William Reynolds clarified that road frontage on US Rte 4 could be considered in applying Town zoning requirements, even though the driveways would be situated on River Road.

 

There followed a discussion on the length of the driveways and whether they could be shared.  Current Town zoning regulations do not prohibit shared driveways.  Chairman Ian Murray said that shared driveways might be necessary in order to meet setbacks from the ACE wetlands. Once past the wetlands, the driveways could be separated. The Board noted that the longest driveway will be over 900’ in length; therefore, Town driveway standards will apply.

 

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

RETURNING

 

Saratoga Farms, Inc./Taras, Applicant                                

173 Co. Rd. 69

Schuylerville, NY  12871                                          

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

 

Returning Applicant proposes a 36 unit subdivision of single family homes on 121.82+/- acres to be called Arlington Ridge.  Robert Pulsifer, Attorney, and Brian Rigone of EDP appeared on behalf of the Applicant.

 

Town Attorney William Reynolds advised the Board members that they should rescind their action at the October meeting to withdraw preliminary approval of the project.  Laurie Griffen made a motion, seconded by Robert Park, to withdraw the previous action.  Chairman Ian Murray – aye, Patrick Hanehan – aye, Robert Park – aye, Laurie Griffen – aye, and Robert McConnell – aye. Carried 5 – 0.

 

Mr. Pulsifer clarified that Mr. Taras’ application is now at the preliminary stage and that the Board has been provided a complete set of current plans and a topographic map.  Mr. Pulsifer said that he had no idea that his client had been doing excavation work or he would have immediately contacted him and advised him to stop. He referred to a recent meeting between two Town officials—Fred Drumm and Robert Park—and Mr. Taras where the project site was inspected. Mr. Pulsifer assured the Board that his client will refrain from doing anything else to the site while the application is going through the review process.

 

Chairman Ian Murray expressed his frustration, shared by other Board members, at trying to review the application when the topography is constantly changing.  Robert McConnell said that he found the situation “troubling.”

 

Robert Park gave an account of the meeting with Mr. Taras and said that Mr. Taras appeared “remorseful” about the problems created by the excavation work.

 

Mr. Pulsifer then explained that the open space on the surveys will be designated as such, in accordance with the Board’s suggestion at the October meeting.

 

There followed a discussion on the gate signs at the development.  Mr. Pulsifer was unable to give a conclusive answer on how that would be handled by the developer.

 

Mr. Pulsifer requested a public hearing for the December meeting.  Chairman Ian Murray responded that the Board has not had an opportunity to review the project maps since they were submitted just before the Board meeting, and the fact that the December meeting has been moved forward by a week. Mr. Pulsifer agreed to the scheduling of a public hearing in January, stating that it was a reasonable request to wait one more month. It was noted that the date for that meeting will be January 24, 2007.

 

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

RETURNING

 

MKN Development, LLC, Applicant

c/o Jones Ferradino

68 West Avenue

Saratoga Springs, NY  12866

S/B/L 206-1-34 Rural

 

Applicant proposes a 16 residence Planned Unit Subdivision (PUD) on an 84.83+/- acre parcel on Brown Road.  Stephanie Ferradino, Attorney, and John Muse, Architect, appeared on behalf of the Applicant.

 

Ms. Ferradino noted that she has received a copy of a letter from “concerned citizens” regarding the project, and then explained the recent submissions, including the traffic study, the draft of the homeowners association contract, and the archaeological review.  She has had dialogue with Town Attorney William Reynolds as well.  Ms. Ferradino listed and discussed 5 issues raised by neighbors:  design and quality of the proposed homes (she said that schematics would be provided once the project has been approved); the effect of the project on neighboring properties; the effect on the water table, including drainage and run-off; homeowners association and land ownership; and wetland delineation.

 

Ms. Ferradino raised the issue of SEQR review, and how the Planning Board would handle this matter when making a recommendation to the Town Board.  Chairman Ian Murray said that he has discussed this with Town Engineer Kenneth Martin and that the Board will schedule a workshop meeting to review SEQR issues.  Town Engineer Kenneth Martin explained that he envisions the long form EAF to cover the PUD approval aspect of the application only; the environmental aspects would be covered as in any other project when Planning Board review gets to that stage.  He said he anticipates another full EAF coming before the Board at that time.

Chairman Ian Murray said that he has contacted DEC on this issue because, technically, SEQR never closes.

 

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

RETURNING

 

Special Use Permits

 

SBA Network Services, Inc., Applicant

5900 Broken Sound Parkway, NW

Boca Raton, FL  33487-2797

S/B/L 169-1-64 Rural

 

Returning Applicant is seeking a special use permit to construct an unmanned telecommunications facility on Hayes Road consisting of a 195’ monopole tower with provisions for up to five future wireless telecommunications providers on the tower and space at the tower base for antennas and equipment.  The proposed tower site property is owned by the Town of Saratoga.  TABLED AT THE REQUEST OF THE APPLICANT

 

SBA Network Services, Inc., Applicant

5900 Broken Sound Parkway, NW

Boca Raton, FL  33487-2797

S/B/L 183-1-49 Rural

 

Returning Applicant is seeking a special use permit to construct an unmanned telecommunications facility in Coveville consisting of a 150’ monopole tower with provisions for up to five future wireless telecommunications providers on the tower and space at the tower base for antennas and equipment.  The proposed tower site property is owned by Victor and Janine Gennett.  TABLED AT THE REQUEST OF THE APPLICANT

 

Laurie Griffen asked if there was anything to report in this matter.  Chairman Ian Murray said that the Applicant is waiting to hear from the involved agencies and that is why SBA has not returned to the Board.

 

 

 

 

Old Business:

There was a brief discussion on upcoming workshops, including the annual County workshop scheduled in January.  Robert Park noted that the Town has some latitude in determining training requirements. Some courses are available by computer or correspondence.

 

Robert McConnell asked if a definitive requirement can be determined by the Town regarding signage at developments.

Laurie Griffen stated that she feels strongly that the Town Attorney should be present at all Planning Board meetings and for the duration of the meetings.  There followed a discussion by the Board members on this matter.  Town Supervisor Tom Wood said that he would raise this issue at the December Town Board meeting.

 

In response to a question from Robert Park, Chairman Ian Murray reported that the Appellate Court has not yet issued a decision on the Southard Road subdivision.

 

There followed a discussion on the Louden Road/Rte 29 intersection.  It was determined that the State is the entity that must address the issue; however, the Board can apply conditions such as restrictions on construction traffic.  Town Engineer Kenneth Martin is concerned about damage to the highway and will recommend that videos of the road be taken before construction commences.

 

New Business:

Town Engineer Kenneth Martin stated that a conference would be held regarding water law and uses, which he would make available via the internet to all Planning and Zoning Board members. The class can be used to meet Town training requirements.

 

The Board scheduled a workshop meeting for December 7th at 7:00 p.m. to discuss SEQR issues for the Louden Estates and MKN Development applications.  

 

A motion to adjourn was made at 9:00 p.m. by Laurie Griffin, and seconded by Robert Park. Chairman Ian Murray – aye, Laurie Griffen – aye, Robert Park – aye, Patrick Hanehan – aye, and Robert McConnell – aye. Carried 5 – 0.

 

 

Respectfully submitted,

 

Catherine E. Cicero

Planning Clerk

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