TOWN OF SARATOGA
PLANNING BOARD
MINUTES -
DRAFT
October 25,
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 present, Paul Griffen
present, Robert Park present, Laurie Griffen present, Patrick Hanehan
present, and Robert McConnell present.
Approval of Minutes: All
Board members present had read the minutes of the September 27, 2006 meeting. A motion was made by Paul Griffen, seconded
by Patrick Hanehan, to accept the minutes of September 27, 2006 as written, with
a minor correction on page 2 where a reference to DOT in the second paragraph
should read DOH. Chairman Ian Murray aye, Patrick Hanehan aye, Robert
Park aye, Laurie Griffen aye, Paul Griffen aye, Ralph Pascucci aye, and
Robert McConnell aye. Carried 7 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
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
file. They provided copies of the final archaeological study, as well as copies
of the results of perc tests done on lots 1, 2, 3, and 4. Three of the lots had to be retested for
PH. Some of the roadway and the stormwater
management have been redesigned. Mike
Brooks pointed out on the map the clearing and grading that is to be done. Town
Engineer Kenneth Martin clarified that the clearing of the roadway width would
be limited to 100.
Ralph Pascucci
asked about the view from across Route 29, stating that he was concerned that
homeowners in the development would want to clear trees to open up their
view. He said he wanted to protect the
homeowners across the road from seeing an opened development. Mike Brooks responded that the homeowners
can clear their own property, but they will be prohibited from clearing any of
the buffer area, which will screen the development from neighbors.
Ralph Pascucci
said that the ridge is well treed, but at this time of year, after the leaves
fall, there will be some view of the houses.
Mr. Brooks said that he will take a look at where the houses will be
sited. Ralph Pascucci suggested that
some of the trees should be marked so they cant be cut. Chairman Ian Murray said that the lot grading
can be set and a no-cut buffer can be put in; perhaps 50. Ralph Pascucci said that he is also
concerned about erosion if there is no root system there to hold the soil.
Robert Park asked
if a fence will be installed to separate the park from the subdivision. Mr. Palazzole explained that once he is able
to get on the property in March or April, he will be able to block off that
section. There followed a discussion on
the feasibility of blocking off the park from the subdivision once a park is
established.
Patrick Hanehan
asked who would be responsible for cleaning up the old buildings on the front
of the property. Mr. Palazzole
responded that, since the Town will own that property, it will be the Towns
responsibility to deal with it.
Laurie Griffen
asked if there will be access to the park from Northumberland. Mr. Palazzole pointed out that access on the
map. Mr. Brook explained that access to the stormwater basins will be
maintained as well. Town Engineer
Kenneth Martin added that there would be 30 easements along the access trails
to the basins.
Chairman Ian
Murray asked the Board if there were any further questions. There were none. He announced that a second public hearing would be scheduled for
this application to be held at the November meeting. RETURNING
Robert E. & Jan A. Park, Applicants
57 Trombley Road
Stillwater, NY
12170
S/B/L 193.-1-23.11 Rural District 2
Returning Applicant is
seeking to subdivide 3.24+/- acres from a 60+/- acre parcel for a single family
residence.
Robert Park recused himself
from the Board and went to sit in the audience. James Vianna spoke to the Board on the Applicants behalf.
Mr. Vianna summarized the
status of the application, stating that the proposed house, well, and septic
are marked on the map, although there are no plans to build in the near
future. The driveway has been marked
and there are good sight distances in both directions. Robert Hathaway conducted the perc tests.
Chairman Ian Murray noted
that, since the driveway would be over 200, Town standards would apply. He asked about the steepness of the
slope. Mr. Vianna said that the
driveway could be moved up the road across from the neighbors driveway, which
would shorten the length of the driveway.
However, Mr. Vianna explained that the proposed driveway was situated to
provide maximum sight distances; a minimum of 400 in each direction.
Town Engineer Kenneth Martin
commented that DOH has a 10 setback for the septic from the driveway, which
has been met.
Town Engineer Kenneth Martin
said that he would like to see the results of the perc tests on the map;
however, Mr. Vianna explained that his insurance wont allow results of such
tests to be included if obtained from an unlicensed operator, even if its the
Town Zoning Officer.
Chairman Ian Murray asked the
Board if there were any further questions.
There were none.
Proof of notice
having been furnished by newspaper on October 18, 2006, Chairman Ian Murray
opened the Public Hearing at 7:51 p.m., asking that anyone having comments
provide their name, address, and state whether they were for or against the
proposal.
No one appeared to
speak regarding the proposal; the Public Hearing was closed at 7:52 p.m.
Paul Griffen read the short form EAF, which was completed
by the Board. Paul Griffen made a
motion, seconded by Patrick Hanehan, to accept the documents as presented,
declare the SEQR review complete, and to make a negative declaration. Chairman
Ian Murray aye, Laurie Griffen aye, Ralph Pascucci aye, Paul Griffen
aye, Patrick Hanehan aye, and Robert McConnell aye. Carried 6 0.
Chairman Ian
Murray asked the Board once again if there were any further questions; there
were none. He then read a letter from
the County Planning Board concluding that the proposal would have no County
wide or inter-community impact.
Ralph Pascucci
made a motion to accept the application as presented. The motion was seconded
by Laurie Griffen. Chairman Ian Murray
aye, Laurie Griffen aye, Ralph Pascucci aye, Paul Griffen aye, Patrick
Hanehan aye, and Robert McConnell aye. Carried
6 0. GRANTED
At this point in the proceedings, Robert Park
rejoined the Board.
Joseph Mack, Applicant
P.O. Box 4544
Saratoga Springs, NY
12866
S/B/L 193-1-29 Rural
Returning
Applicant proposes to subdivide a 2.05+/- acre lot from a 4.22+/- acre parcel
at 1059 County Route 70 for a possible future residence. Joseph Mack provided information from his
engineer, David Myers, regarding the proposed septic system. Mr. Mack said that 4 of soil will be
available from the digging of the foundation to use for a conventional system.
There followed a
lengthy discussion in which Chairman Ian Murray and Town Engineer Kenneth
Martin explained the Boards review process: usually a specific design for a
septic is submitted, or the owner puts in fill that can sit over a season before
being used to install a septic system. The Town does not allow for use of
construction soil to create the septic system.
They suggested that Mr. Mack put in the fill now and let it sit over the
winter so an engineered system would not be necessary. Mr. Mack stated his concern about investing
money in fill and then perhaps not being able to build on the site after
all. He said it would also be more cost
efficient to use soil already on the property rather than pay to bring in fill.
It was noted that
Mr. Mack has met all the other requirements necessary to grant the subdivision
with the exception of the septic system.
Mr. Vianna suggested that the Board grant the subdivision with the
condition that it be designated an agricultural lot until such time that Mr.
Mack is prepared to build. At that
time, Mr. Mack would have to petition the Planning Board for a change of use of
the property. Mr. Vianna referenced a
few other instances where the Board has taken this course of action and
reminded that Board that Mr. Mack would not be able to obtain a building permit
until the perc and soil testing is done, which might include an engineered
septic.
Town Engineer
Kenneth Martin cautioned the Board that it has used this course of action
sparingly, and he would not like to see it become common practice. There followed a lengthy discussion which
included conjecture on whether the DOH will take authority over setting
standards for septic systems which might require more stringent standards.
Proof of notice
having been furnished by newspaper on October 18, 2006, Chairman Ian Murray
opened the Public Hearing at 8:19 p.m., asking that anyone having comments
provide their name, address, and state whether they were for or against the
proposal.
No one appeared to
speak regarding the proposal; the Public Hearing was closed at 8:20 p.m.
Paul Griffen read the short form EAF, which was completed
by the Board. Paul Griffen made a
motion, seconded by Robert McConnell, to accept the documents as presented,
declare the SEQR review complete, and to make a negative declaration. Chairman
Ian Murray aye, Robert Park aye, Laurie Griffen aye, Ralph Pascucci
aye, Paul Griffen aye, Patrick Hanehan aye, and Robert McConnell aye. Carried 7 0.
Chairman Ian
Murray read a letter from the County Planning Board which approved the proposal
with the comment that Mr. Mack should obtain a County DPW permit prior to
receiving final approvals from the Town.
The County included an application for the permit for Mr. Mack.
Paul Griffen made
a motion to accept the application as presented with the condition that the
second lot is given an agricultural designation and that Mr. Mack obtain the
necessary County DPW permit. The motion was seconded by Laurie Griffen. Chairman Ian Murray aye, Robert Park
aye, Laurie Griffen aye, Ralph Pascucci aye, Paul Griffen aye, Patrick
Hanehan aye, and Robert McConnell aye. Carried
7 0. GRANTED WITH CONDITIONS
David S. Brown, Applicant
78 Condon Road
Stillwater, NY
12170
S/B/L 193-1-8 Rural
Returning Applicant proposes
to subdivide 2 acres from a 7.036+/- acre parcel. David Brown spoke to the
Board, reporting that since his last appearance he has spoken with Town Highway
Superintendent David Hall, who set a location for the driveway. He has contacted the DEC regarding wetlands
on the property, and found out that they are designated federal and not DEC
wetlands. There is a stream on the
property, so the building envelope has been set within the 200 width of the
property, but with a 100 setback from the stream.
Chairman Ian Murray
instructed Mr. Brown to include the building envelope on the survey. He noted that the test pit information has
been put on the maps, but the lot data for the district must be added as well
as the farm disclosure statement. He
informed Mr. Brown that this language and other requirements are spelled out in
the Town Zoning Regulations and in the subdivision application packets.
Chairman Ian Murray said that
he and Town Engineer Kenneth Martin both have concerns with the proposed
driveway location, which must also be included on the map. He noted that the building envelope is tight
and that he will need to see it on the map in order to determine whether or not
its feasible.
Due to the slope of the land,
he instructed Mr. Brown to provide a topographic map to determine whether the
septic and building envelope will fit on the property without being on the
slopes.
Ralph Pascucci suggested that
Mr. Brown have his engineer contact Town Engineer Kenneth Martin in order to
make sure all the necessary information is being provided.
Laurie Griffen said that she
would need to see all the information contained on the map before being able to
make any determination. Town Engineer
Kenneth Martin said that the slopes and wet spots on the property will
constrain any building. He cautioned
Mr. Brown to be aware of the placement of the neighboring wells and
septics. RETURNING
Michael Scensny, Applicant
2649 NYS Rte 9
Ballston Spa, NY
12020
S/B/L 182-1-70.1 Hamlet/Rural
Returning Applicant proposes
to subdivide 13.171+/- acres from a 47.78+/- acre lot located at the west end
of County Rte 69 (Coveville Road). Dan
McDermott of MJ Engineering spoke to the Board on behalf of Mr. Scensny,
stating that he has spoken with Town Engineer Kenneth Martin regarding the
engineered septic system for this property.
He said that the system consists of a raised leach bed which meets State
standards.
Mr. McDermott explained that
Mr. Scensny proposes to site his house at the back of the lot, but not in the
woods located there, and proposes to put the septic at the top of the
slope. Mr. McDermott said that there is
no high water table or modeling of soil at that location and that he will be on
site to supervise the installation of the septic system. Mr. Scensny is currently in the process of
purchasing the property.
Chairman Ian Murray directed
Mr. Scensny to correct the typos on the map and to plot out the engineering on
the survey. Town Engineer Kenneth
Martin explained that test results are typically included on the maps. He asked that the location of the septic be
included on the map, particularly since the slopes appear to be steep. Both Chairman Ian Murray and Town Engineer
Kenneth Martin requested a topographic map.
Mr. McDermott said that the map does not belong to Mr. Scensny and he
cant mark it up without the owners permission.
There followed a discussion
on whether the slopes have already been surveyed and where that information is.
Chairman Ian Murray said that
the septic system is too tight to the slope and needs to be moved back
further. He said that approval could be
contingent upon moving the system back 50 from the slope.
There followed a discussion
in which Mr. McDermott explained where the test pits and perc tests have been
done and their results. That
information was incorrectly included on the maps and will be corrected prior to
final approval. He added that the soils
on the property are uniform throughout.
Chairman Ian Murray reminded
Mr. McDermott that the Town has specific standards which apply to driveways
over 200 in length. Approval will be
conditioned on using the Towns standards.
Mr. McDermott said that the driveway will probably be located near the
center of the lot.
Proof of notice
having been furnished by newspaper on October 18, 2006, Chairman Ian Murray
opened the Public Hearing at 8:46 p.m., asking that anyone having comments
provide their name, address, and state whether they were for or against the
proposal.
Mrs. Travers
against.
Stephen Bodnar concerns. Mr. Bodnar asked questions regarding the location of the property and asked if any research had been done on whether the deed has been restricted to prevent further subdivision.
Everyone wishing to
speak having done so, the Public Hearing was closed at 8:51 p.m.
Chairman Ian Murray asked the
Board if there were any further questions.
There were none.
Robert Park read the short form EAF, which was completed
by the Board. Robert Park made a
motion, seconded by Ralph Pascucci, to accept the documents as presented,
declare the SEQR review complete, and to make a negative declaration. Chairman
Ian Murray aye, Robert Park aye, Laurie Griffen aye, Ralph Pascucci
aye, Paul Griffen aye, Patrick Hanehan aye, and Robert McConnell aye. Carried 7 0.
Chairman Ian
Murray made a motion, seconded by Paul Griffen, to accept the application as
presented with the following conditions:
1. The sanitary leaching system needs to be moved to the north away
from the embankment. Additional
deep pits and percolation tests may be required within the new location for the
sanitary system; check with the design engineer.
2.
Indicate on the
Sewage Disposal System drawing where the percolation tests and
the test pits are located and/or change
the symbols to indicate the test locations.
3.
The driveway is
over 200 feet long and must be constructed to support a 50,000
pound emergency vehicle. The engineer must add a driveway detail
section which will
support the load and provide a widened
strip for emergency vehicles to pass at five hundred
foot intervals.
4.
The
agricultural data statement must be included on the survey map.
5. The drawing must be drawn
to scale and all property lines must be shown in the
overall map (scale 1=400).
6.
Drawings must be signed and stamped.
7.
There is no house on Lot #2; therefore, deep pits and percolation tests
must be
completed on this lot. An engineered sanitary system design may be
required for this
lot.
8.
Provide a copy of the deed of the existing
lot to Town Attorney William Reynolds
for review.
9. The Town water
regulations must be included on the survey drawing.
Chairman Ian
Murray aye, Robert Park aye, Laurie Griffen aye, Ralph Pascucci aye,
Paul Griffen aye, Patrick Hanehan aye, and Robert McConnell aye. Carried 7 0. GRANTED WITH CONDITIONS
Sketch-Plans
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. TABLED AT THE REQUEST OF THE
APPLICANT
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 from EDP spoke to the Board regarding the application, stating
that 2 lots have been created along Casey Road with a no-cut, forever-wild
area. Paul Griffen said that he didnt
think the term forever-wild was appropriate.
Mr. Pulsifer amended the term to be a no-cut, undisturbed buffer
area. He pointed out wet areas on the
estate lot and said that a building envelope for that lot has been
created. Ralph Pascucci asked that one
of the buildings shown on the estate lot be eliminated so it is clear in future
that the Planning Board is not allowing a second residence on that lot. Mr. Pulsifer said that would be corrected.
Mr. Pulsifer said that since
all the Towns concerns had been addressed, he would like conceptual approval
of the plan.
Laurie Griffin asked Mr.
Pulsifer to clarify who the applicant is in this matter. Mr. Pulsifer explained that Mr. Taras is the
applicant, and he has a contract with the BH Group to further develop the
property once the subdivision is approved.
Patrick Hanehan asked for
more plantings and a buffer area along the edge of the property. There followed a discussion of the size of
the trees to be planted along the road.
Mr. Pulsifer said the trees would be 2-2 & ½ inches in
diameter. Ralph Pascucci asked that a
few larger trees be added to make the buffer appear more mature.
Laurie Griffin asked at which
stage of the proceedings the Board would begin to address the landscaping
issues. Mr. Pulsifer said that the applicant is looking for conceptual approval
of the proposal so more engineering work can be done and the landscaping maps
can be finished.
Ralph Pascucci asked whether
the developer is planning to use any signage at the entrance to the
development. He does not want a large
brick and stone monument beside the entrance, and said that any permanent
signage should be out of view of the normal flow of traffic. Mr. Pulsifer said that he would speak to the
developer about the signage. He
suggested that the Town permit a temporary sign during the marketing phase of
the development, to be removed once that phase is over.
Chairman Ian Murray said that
he and Town Engineer Kenneth Martin and Gavin Villaume of EDP reviewed the SEQR
from the original application, which was a year and a half old and, on the advice
of Town Attorney William Reynolds, the SEQR process will start again from the
beginning. Chairman Ian Murray made a
motion, seconded by Ralph Pascucci, to declare the Planning Board lead agency. Chairman Ian Murray aye, Patrick Hanehan
aye, Robert Park aye, Paul Griffen aye, Ralph Pascucci aye, Laurie
Griffen aye, and Robert McConnell aye. Carried
7 0.
Robert Park noted that the
tin fence along the road looks horrible and needs to be removed. Mr. Pulsifer said that he would speak to his
client.
Robert Park made a motion to
grant conceptual approval of the subdivision, which was seconded by Robert
McConnell. Chairman Ian Murray nay, Patrick Hanehan aye, Robert Park aye,
Paul Griffen aye, Ralph Pascucci nay, Laurie Griffen aye, and Robert
McConnell aye. Carried 5 2. 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
Old Business:
Saratoga Farms, LLC, Applicant
Saratoga Trails
Suite 200-2875
South Ocean Blvd.
Palm Beach, FL
33480
S/B/L 156-3-32 Rural
In March, 2006, the Board
conditionally approved a 7 lot subdivision on 96.49+/- acres at 125 Burgoyne
Rd. The average lot is 14 acres, with a
deed restricted horse trail system. Chairman Ian Murray advised the Board that
all conditions to the approval have been met.
Paul Griffen gave an update
on the status of the Town zoning amendments.
New Business:
There was a lengthy
discussion on whether the Town should provide a sample survey map to illustrate
the information necessary for the Board to review and approve an application
for subdivision. It was determined that
the subdivision application packet and the Town zoning regulations book provide
sufficient information.
Saratoga Farms, Inc./Taras, Applicant
173 Co. Rd. 69
Schuylerville, NY
12871
S/B/L 182.-2-15.11 Rural
Michele McClure asked the
Board what criteria it used to determine the number of lots proposed in the
Taras development. Laurie Griffin
explained that the number of proposed lots is now at 36. Town Engineer Kenneth Martin suggested that
the calculations for the number of lots be included on the survey map.
Stephen Bodnar asked the
Board if the Applicant has provided the Board with a current topographic
map. Town Engineer stated that a
topographic map was provided after the trees on the property were cut.
Ms. McClure said the
topography has changed drastically in the past 2 weeks. She then provided
photos from earlier in the day showing excavation taking place on the Taras
property.
There followed a lengthy
discussion regarding the mining of soil from the property and the number of
complaints received by the Town from neighbors. Chairman Ian Murray said that he has seen some of the soil
removal himself. Patrick Hanehan stated that it was his understanding from Mr.
Pulsifers statements at the September meeting, that Mr. Taras would refrain
from any further excavation of the property.
Robert McConnell said that he would not have voted for conceptual
approval if he had this information before voting.
Ralph Pascucci said that no
further action should be taken on the application until such time that the
Board is assured that the topography of the land is stabilized.
Patrick Hanehan made a
motion, seconded by Paul Griffin, to rescind conceptual approval based on the
information presented to the Board.
Chairman Ian Murray aye, Patrick Hanehan aye, Robert Park aye,
Paul Griffen aye, Ralph Pascucci aye, Laurie Griffen aye, and Robert
McConnell aye. Carried 7 0 CONCEPTUAL APPROVAL RESCINDED
The next meeting will be
November 29, 2006.
A motion to adjourn was made at 10:38 p.m. by
Patrick Hanehan, and seconded by Paul Griffen. Chairman Ian Murray aye,
Laurie Griffen aye, Paul Griffen aye, Robert Park aye, Patrick Hanehan
aye, Ralph Pascucci aye, and Robert McConnell aye. Carried 7 0.
Respectfully
submitted,
Catherine
E. Cicero
Planning
Clerk