TOWN OF SARATOGA

PLANNING BOARD

MINUTES - DRAFT

September 29, 2004 - 7:30 PM

 

 

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

 

Clerk Ruth Drumm called the roll.  Chairman Ian Murray – present, Susan Cummings  – present, Ralph Pascucci – present, Albert Baker – present, Paul Griffen – absent (arrived at 7:58 p.m.), Robert Park – present, Laurie Griffen – present, and alternate Barney Drumm – present

Also attending: Town Engineer Kenneth Martin, Jim Vianna, Edward Charbonneau, Sandra Dalzell, Mark & Kim Sutton, Steve Mastaitis, Jason Tommell, Jim Towne, Peter & Cynthia Nemer, Gerry Magoolaghan, Dan Barber & Sam Palazzole, Bob McConnell, David McKibbin, Jim Murphy, Jack Bartoszek, David Carr, Gil Albert, Ray Germain, Town Supervisor Tom Wood, Susan Grassi, and Anne & R.David Crandall. 

 

Approval of Minutes: All board members present had read the minutes of the August 25th, 2004 meeting.  A motion was made by Susan Cummings to accept the minutes of August 25th, 2004 as written, and Robert Park seconded it. Chairman Ian Murray – aye, Susan Cummings  – aye, Ralph Pascucci – aye, Albert Baker – aye, Paul Griffen – absent, Robert Park – aye, Laurie Griffen – aye, and Barney Drumm - aye.  Motion Carried 7– 0.

Applicants:

Case # 04-18  Edward & Florence Charbonneau

116 County Route 68

Saratoga Springs, NY 12866

S/B/L 167-1-16, 17, 9  Conservancy District

The returning applicants are seeking to converge three parcels totaling 6.93 acres +/-on County Rd. 68, fronting Fish Creek into two residential lots, one of 1.85 acres +/- (80,500 sq.ft. +/-) for Mark & Kim Sutton and the second 5.08 acres +/- for daughters Sandra Dalzell and Denise Defoe. Mark & Kim Sutton, Ed Charbonneau, and Sandra Dalzell addressed the board.  Mark Sutton noted that the variances needed were granted at the September 27th meeting of the Zoning Board of Appeals.  He also stated that the perc and deep hole tests have been done by Paul Male, P.E.  Mark Sutton presented the clerk with the certified mail receipts from the neighbor notifications.  He also gave the board an e-mail from DEC stating that the project would be permitted, with some minimization of the limits of disturbance on the west side.  Mark Sutton then gave the board a revised map that moved the house 3’ closer to the sideline and 10’ further from the wetlands on the west side. Chairman Ian Murray stated that the engineering data must be put on the map. He also stated that they should continue with the shared driveway at the property line.  Chairman Ian Murray added that flood insurance would be needed and that a topographical map would be needed.  Mark Sutton said that Dan Wheeler has done a topographical map and Alton Knapp will design the best location for the house and/or design the basement with the proper drainage system.  Chairman Ian Murray stated that both Town Attorney William Reynolds and Town Engineer Kenneth Martin agreed that it should not be approved until the house is placed on the map and the engineered system with the DEC’s requirements met, since the site plan may change.  Chairman Ian Murray added that a Freshwater Wetlands Permit is needed from the DEC. Town Engineer Kenneth Martin stated that the septic design is also needed. 

 

Proof of notice having been furnished Chairman Ian Murray opened the Public Hearing: No one spoke for or against the subdivision.

The applicants will return next month with the revised site plan.  RETURNING

 

Subdivision

Case # 04-16  Walter Taras

                        173 County Rt. 69

                       Schuylerville, NY 12871

        S/B/L # 182-2-15.11 Rural District

Jim Vianna addressed the board, representing Walter Taras, seeking approval of Phase 1 of a three phase major subdivision of 175 +/- acres bordered by Casey Road, County Road 69, and Hanehan Road. Phase 1 consists of creating a 53.07 +/- acre parcel to be kept in agriculture and a 2.01 +/- acre parcel for construction of a new residence for Walter Taras, owner, on the north side of County Road 69.  Jim Vianna stated that the Agricultural Data Statement is on the map for the 53.07 +/- parcel.  He stated that the septic design, deep hole, and perc data would be on sheet 2.  Chairman Ian Murray stated that the Saratoga County Planning Board has recommended approval of the subdivision but suggests that they obtain a County Department of Public Works driveway permit prior to final approval.  Jim Vianna responded that when the county refinished County Rd. 69 recently, they did the curb cut.

 

Proof of notice having been furnished Chairman Ian Murray opened the Public Hearing: No one spoke for or against the subdivision.

 

A motion to grant the Phase 1, two-lot subdivision, was introduced by Robert Park and seconded by Laurie Griffen. Chairman Ian Murray – aye, Susan Cummings  – aye, Ralph Pascucci – aye, Albert Baker – aye, Paul Griffen – absent, Robert Park – aye, Laurie Griffen – aye, and Barney Drumm - aye.  Motion Carried 7– 0.

 

Sketch Plan Review- Lot Line Adjustment

John F. (Jack) Bartoszek

109 Chelsea Dr.

Saratoga Springs, NY 12866

S/B/L # 155.-2-11  Rural Residential District

Jack Bartoszek addressed the board seeking a lot line adjustment to correct existing deed discrepancies with adjoining parcel S/B/L # 155.-1-2.31, owner Hanehan Realty. He is willing to reduce the size of his lot and deed it over to Hanehan Realty in order to correct past errors.  He stated that he is selling the property and needs this discrepancy cleared up. A motion to approve the proposed boundary line adjustment was introduced by Ralph Pascucci and seconded by Albert Baker. Chairman Ian Murray – aye, Susan Cummings  – aye, Ralph Pascucci – aye, Albert Baker – aye, Paul Griffen – absent, Robert Park – aye, Laurie Griffen – aye, and Barney Drumm - aye.  Motion Carried 7– 0.  GRANTED

 

Board Member Paul Griffen arrived at 7:58 p.m.

 

Sketch Plan Review

Raymond S. Germain

20 Via Maria

Scotia, NY 12302

S/B/L #170.-1-4   Rural District

Ray Germain addressed the board seeking to separate the 59.01 +/- acres shown on the tax map #170.-1-4 into two parcels.  Ray Germain and his brother and sister own the property.  The two parcels are separated by Route 4.  He explained that it is one deed for tax and assessment purposes but is described as 3 parcels in the deed.  He would combine the two parcels that are on the west side of Route 4, which include a house with 5 +/- acres and a 14 +/- acre back pasture.  The 54 +/- acre parcel on the east side of Route 4 would remain in agriculture. Ralph Pascucci commented that since we are not adjusting or moving any lot lines it would need to be a subdivision not a lot line adjustment.  After some board discussion, it was decided that it would be a subdivision but that a survey could be waived along with the deep hole and perc tests. It was suggested that he have his attorney draw up the deeds and return next month.  A public hearing would be held next month.  RETURNING   

 

Peter & Sue Grassi

394 Burgoyne Rd.

Saratoga Springs, NY 12866

S/B/L # 168.-2-24 & 25  Rural District

Peter and Sue Grassi addressed the board seeking to subdivide two parcels totaling 38.12 acres into 16 lots on Burgoyne Road.  Peter Grassi stated that two of the lots would be along Burgoyne Road and the remainder is in the back off the road.  He would build a road to town specifications with a cul-de-sac.  It was noted that the length of the cul-de-sac could not exceed 800 feet.  Chairman Ian Murray suggested that he read the zoning regulations and that he should try a conservation subdivision design first.  He should come back with a redesigned survey map with the topography of the property.  Then the next step would be a survey with engineering designs.  It was noted that with a conservation subdivision they could have smaller parcels and possibly the road could be shortened.  RETURNING

 

C & S Construction, Applicant                    Ralph & Anne Crandall, Owners

68 West Ave.                                                  215 Casey Road

Saratoga Springs, NY 12866              Schuylerville, NY 12871

S/B/L # 195.-1-37.112  Rural District

Jason Tommell addressed the board regarding the proposed subdivision of 10.36 +/- acres into 5 building lots on the east side of Casey Road, 1400 linear feet north of the intersection of Casey Road and Russell Road. He suggested 4 lots of 1- acre +/- each with the 5th lot of 6 +/- acres, which would include the conservation easement. Chairman Ian Murray stated that what was presented is not what they wanted and that he needs to return with a base survey map with the topography to start.  It was suggested that he might need to come back with a traditional subdivision. RETURNING

 

 

 

Planned Unit Development – Sketch Plan Review

 

 Saratoga Country Inn PUD Application

Applicant: Contact: David McKibbin

Stafford Bridge Inn, LLC  

                                    901 George Bush Blvd.

                                                Delray Beach, FL 33483

S/L/B # 168.-3-44.1  Rural District

 

David McKibbin and Dave Carr, LA Group, addressed the board. David Carr presented the conceptual plan to develop the 71.71 +/- acre parcel at the Southwest Corner of County Rd. 68 and Wagman’s Ridge Road.  A country inn with 48 suites, 18 of which will use a “timeshare” concept, will include a clubhouse with a pool, library, spa, lounge/bar, and restaurant.  The clubhouse will be on the back part of the property at the highest point.  The horse farm would have a 36-stall horse barn, horse barn storage buildings and 3 apartments, and a Horse Farm Manager’s Office and apartment. Dave Carr stated that they would maintain the existing paddocks with the present hedgerows remaining in place.  The horse barn is in the wooded area out of sight. A single-family private residence owned by David McKibbin was also proposed.  The main entrance would be off Stafford’s Bridge Rd. (County Rd. 68) and only the horse breeding operation (brood mares) would exit onto Wagmans Ridge Rd.  The percolation tests and water studies have been completed and are included in the conceptual plan. The site of the old Carolinas restaurant would remain untouched and the small cemetery would be maintained.  David McKibbin suggested that the town board, planning board, and neighbors walk the property.  Chairman Ian Murray added that in order to move the process along quickly it would help to schedule a site visit.  He explained that the Planning Board has 62 days to act on the proposal unless the owner allows an extension.  It was noted that the town board has final approval with this PUD rezoning application.  After some discussion on the best date for a site visit, it was decided to schedule it for this Saturday, October 2nd at 1:00 p.m.  Chairman Ian Murray asked Bob McConnell if he would notify the neighbors and Town Clerk Ruth Drumm would notify the town board members.  Ralph Pascucci asked David McKibbin why so many units?  He replied that he needed the 48 to make it economically viable.  Chairman Ian Murray suggested that a traffic study should be done and Dave Carr replied that it should be addressed in the SEQR process.   RETURNING  

 

Sketch Plan Review

Saratoga Builders                                             

8 Campion Lane

Saratoga Springs, NY 12866

S/B/L # 156.-1-2.1/28  Rural Residential

Dan Barber and Sam Palazzole, partners, addressed the board proposing 5 custom built residential homes on 14.02 acres at 941 Route 29, land formerly of Frank Szekely. They presented the board with a revised plan changing the number of homes from 6 to 5 homes.  A town road with a cul-de-sac no longer than the 800 feet permitted is planned and would allow for the required 200’ of frontage for each home.  The tree lines would be preserved and evergreens would be planted to the south to create a buffer.  They noted that a traditional subdivision is planned because a conservation subdivision wouldn’t be feasible due to the topography including slopes, and wetlands. Dan Barber stated that the DEC has walked the property and there are no mapped DEC wetlands there.  Town Engineer Kenneth Martin noted that there might be wetlands regulated by the Army Corps of Engineers (ACOE).  They will keep away from the wetlands maintaining a buffer.  The proposed road will be on the centerline of the property, where the guardrails are now, avoiding continuance of a shared driveway.  Paul Griffen mentioned that they should read the zoning regulations regarding steep slopes since many exist on the property.  He also added that a Stormwater Management Report would be required.  It was noted that there are many springs on the property.  Chairman Ian Murray explained that the slopes and locations of the septic systems might impact the number of homes allowed.  There was some discussion by the board on the sixth lot, which is just a 28’ wide roadway on the other side of Route 29 that goes down to Fish Creek, and that it could be attached to one of the proposed lots.  Chairman Ian Murray stated to proceed with their plan, but the board may restrict some of the building envelopes and will be sensitive to the neighbors’concerns.  RETURNING

 

 Special Use Permit

 

Case # 04-19  Stephen J. Mastaitis

1412 Route 9P

Saratoga Springs, NY 12866

S/B/L 193.6-1-55  Lake Commercial District

Stephen Mastaitis addressed the board seeking a Special Use Permit for a Law Office at 1412 Route 9P.  He stated that he received the variances required from the Zoning Board of Appeals on September 27th. He reworked the plan to have one entrance that has 40 feet of pavement to Route 9P and revamped the parking area. It was suggested that he trim the pine tree at the curve to the south.  Chairman Ian Murray added that he should continue the post and rail fence from the neighbor’s fence across the driveway and remove the asphalt from that fence to the road to prevent that entrance from being used. Stephen Mastaitis stated that his sign would be on a cedar post 10’ off the road and would be illuminated.  He stated that he would make sure that it would not obstruct anyone’s vision.  Stephen Mastaitis mentioned that he would like to build a professional office building on the property in the next year or two.  He would tear down this building.  Chairman Ian Murray stated that he would need to return to the board for another Special Use Permit if that is pursued.  

Proof of notice having been furnished Chairman Ian Murray opened the Public Hearing: No one spoke for or against the proposal.

A motion was made by Ralph Pascucci and seconded by Paul Griffen to grant the Special Use Permit for the Law Office contingent on the engineer’s review of the fence being constructed across the old driveway and the asphalt to Rt. 9P from the fence being removed, the 40’ of pavement on the usable driveway from Rt. 9P being placed, and the proper placement of the sign. Chairman Ian Murray – aye, Susan Cummings  – aye, Ralph Pascucci – aye, Albert Baker – aye, Paul Griffen – aye, Robert Park – aye, Laurie Griffen – aye. Carried 7– 0.  GRANTED with contingencies

 

Case # 04-17  Harold Reiser III

1120 Rt. 29

Schuylerville, NY 12871

S/B/L # 156.-3-11  Rural Residential

Harold Reiser addressed the board seeking a Special Use Permit for a Dance School/Studio (retail service business) on 4.9 +/- acres at 1120 Rt. 29.  He stated that the neighbor notification for the public hearing was done and he presented the clerk with the certified mail receipts.  Harold Reiser stated that he would put in & out signs on the driveway.  He added that he has 6 parking spots with room for 3 more.  He stated that they would be open from 4:00 p.m. to 9:00 p.m., Monday through Friday.  Classes are 45 minutes long with 30-minute breaks between classes.  The largest class size would be 8 students with some classes only having 2 or 3 students.

 

Chairman Ian Murray did a site visit and suggested that he move the parking spaces from east to west to north to south.  He also suggested that he plant shrubs to seclude the spaces.  Chairman Ian Murray then read the Saratoga County Planning Board’s (SCPB) recommendation. The SCPB approved the proposal with comments.  They recommended that the NYS Dept. of Transportation review the existing drive to insure safe sight distance with the increased traffic from the Dance School before approval.  Harold Reiser agreed to contact the NYS DOT.

 

Proof of notice having been furnished Chairman Ian Murray opened the Public Hearing: No one spoke for or against the proposal.

 

Chairman Ian Murray suggested that Harold Reiser return next month after contacting the NYS DOT for their review, switching the parking, and landscaping the buffer.  RETURNING

 

Old Business: Chairman Ian Murray noted that the variance requested by James & Elena Grotto to move their Train & Hobby business next door to a .71+/- acre lot was denied at the Zoning Board of Appeal’s meeting on Sept. 27th.  They are planning to combine their two lots and return to the Planning Board for a Special Use Permit. 

 

New Business: Paul Griffen reviewed some of his zoning regulation book revisions with the board.  He is trying to make the book user-friendlier with a rewritten table of contents and flow charts for applicants to follow.

 

Ralph Pascucci noted the need to clarify the Lake Commercial District’s boundaries. 

 

The next meeting will be Wednesday, October 27th, 2004 at 7:30 p.m.

 

A motion to adjourn was made at 10:24 p.m. by Susan Cummings and seconded by Laurie Griffen. Chairman Ian Murray – aye, Susan Cummings  – aye, Ralph Pascucci – aye, Albert Baker – aye, Paul Griffen – aye, Robert Park – aye, and Laurie Griffen – aye. Carried 7-0.

 

 

Respectfully submitted,

 

 

Ruth L. Drumm

Clerk

 

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