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. 

Also attending: Town Supervisor Tom Wood, Town Engineer Kenneth Martin 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 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

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 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 can’t 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 Town’s 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 neighbor’s 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 won’t allow results of such tests to be included if obtained from an unlicensed operator, even if it’s 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 Board’s 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 it’s 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 can’t mark it up without the owner’s 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 Town’s 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 didn’t 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 Town’s 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. Pulsifer’s 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

Return to home page

Return to 2006 Planning Board Files