TOWN OF
PLANNING BOARD
DRAFT MINUTES
April 25, 2018
Chairman
Ian Murray called the meeting to order at 7:30 p.m.
Planning Clerk Linda McCabe called the roll: Chairman
Ian Murray – present, Laurie
Griffen – present, Patrick Hanehan – present, Robert
McConnell – present, Joseph
Lewandowski – present, Brandon Myers – absent,
George Olsen - present,
Alternate Christopher Koval - present.
Due
to the absence of Board Member Brandon Myers, Alternate Christopher Koval was
elevated to full voting status.
Also attending: Peter Hopper,
Walter & Lisa Taras, Mary Maranville, Stephanie Ferradino, Karen
Kolanowski, Tab DeNovellis, Donna Flynn, John Cashin, Tom & Lyn Rudary,
Louis & Alicia Farone, Tamara Bazar, Terri Korb, Susan Johnson, Tom Yannios
and Gil Albert. (Sign-in sheet is on file in the Clerk's office)
Approved
Public Hearing - Minor Subdivision
Tamara Bazar #18-02 Owner: Sergio V. Rapisarda &
Tamara Bazar
79 Brown Rd. 79
Brown Rd.
Stillwater, NY
12170 Stillwater,
NY 12170
S/B/L 206.-1-39 Rural District 2
Returning Applicant seeks a two lot subdivision of their 15.69+/- acre parcel.
Returning Applicant Tamara Bazar appeared before the Board and reviewed her proposed subdivision. She stated the new boundary lines have been put back in place as they originally were and survey is complete.
Chairman Ian Murray questioned the location of the sanitary system for the residence.
Applicant Tamara Bazar showed him the location on the map, where it is well within their property line. She was unsure why it wasn't on the current map, but will email a copy of a map showing the location. She added the well is behind the house and the septic system is in front of the house and pointed out the location on the map.
Chairman Ian Murray asked if there were any Board questions; there were none.
Proof of Notice having been furnished by newspaper on April 15, 2018, Chairman Ian Murray opened the Public Hearing at 7:38 p.m., asking those wishing to speak, to please stand and state their name and address:
Peter Hopper, Spruce Ridge Rd., stated he had concerns with water runoff, erosion and clearing for agriculture pursuits.
Chairman Ian Murray explained this subdivision will remain in agriculture but if in the future they want to do anything other than that, they will have to return before the Board and if they were to put in a house, the Board would look at storm water at that time. Chairman Ian Murray also stated that yes, the owner can clear for agriculture pursuits and they must follow 400:18 - Erosion Controls in our local code as well as being overseen by NRCS concerning the approval of the agriculture pursuits.
Susan Johnson, Rt. 9P, had concerns with her well water being affected if someone were to use fracking to find water.
Chairman Ian Murray explained Riparian Rights to her and those concerned about fracking, and stated fracking is banned in the Town of Saratoga.
Seeing as no one further wished to speak, Chairman
Ian Murray closed the Public Hearing at 7:46 p.m.
Laurie Griffen read the short form EAF, line by line, which was completed by the Board.
Approved with condition
Walter & Lisa
Taras #16-13
182 Co. Rd. 69
Schuylerville, NY
12871
S/B/L 182.-2-29.1
Rural
As this subdivision failed to be filed with the County within the allotted time period, the Applicant must appear before the Board for the subdivision of the two lots from his 46.29 acre parcel. One lot is to be 7+/- acres and the other is to be 10+/- acres. These are to be sold for residential use.
Chairman Ian Murray stated this subdivision was previously approved but the Applicant didn't file with the county within the proper time period allowed, which is why this is before the Board this evening. SEQR was previously completed and there is no change to the subdivision.
Chairman Ian Murray asked if there were any Board questions; there were none.
Proof of Notice
having been furnished by newspaper on April 15, 2018, Chairman Ian Murray opened
the Public Hearing at 7:52 p.m., asking those wishing to speak,
to please stand and state their name and address. Seeing as no one wished to speak, Chairman Ian Murray closed the Public
Hearing at 7:53 p.m.
Approved
Special Use Permit Conference -
Amendment Request
Mary T. Maranville
& Kevin A. Dott #17-14 Rep.:
Stephanie Ferradino, Attorney
257 N. Alvarado
Ave. 63 Putnam St. Suite 202
Ojai, CA 93023
Saratoga Springs, NY 12866
S/B/L 155.-1-63.2
Rural Residential
Location: 727 Rt. 29
Returning Applicant seeks to amend her special use permit, which currently allows events for up to 80 people and 40 vehicles. She would like to be permitted 220 people at events and obtain a permit to use the house as a Bed & Breakfast.
Attorney Stephanie Ferradino appeared on behalf of the Applicant. In summary she stated the previous permit was for 80 people and the Applicant seeks to have that amended to allow 200.
The applicant had purchased a portion of Wooley Rd. for extra parking and is seeking to have parking for 80 vehicles. The Applicant went to the NYS Department of State for a variance to the NYS Uniform Fire Prevention & Building Code, asking for an exemption of installing a sprinkler system, septic system and plumbing fixtures (bathrooms) and said it was resolved that the Applicant has to have the septic system and bathrooms in place within two years. She said the sprinklers will be added above the existing staircase from the balcony and they know they also need a code compliant secondary staircase for egress of the balcony as well. She said they went to a neighbor's property at the request of the neighbor so they could hear how loud the wedding was. She said the Applicant then came up with rules for the events. They will have weddings/events May - October; maybe longer through the winter.
Chairman Ian Murray stated the Applicant is here due to her conditional approval, to which she is seeking huge amendments. More engineering is needed for the sanitary; the layout proposes sanitary and size but doesn't include the Bed & Breakfast, the parking layout proposed doesn't include parking for the Bed & Breakfast or for workers. There's a problem with the well location for the house and required separation distances. They need 200' of horizontal separation. Going by our code, they need 110 parking spaces and the spaces are not laid out properly.
Zoning Officer/Building Inspector Gil Albert stated the Applicant received a hardship waiver for two years only for the septic system and plumbing fixtures (bathrooms) required by code, which must be in place by the end of March 2020, two years from the date of the State of New York Department of State 's Southern Region-Hudson Valley Board of Review's decision.
No waiver was given for the sprinkler system, so that must be put in. He reiterated that the portable toilets can only be used for two years beginning with the decision date of March 20, 2018, by the State of New York Department of State 's Southern Region-Hudson Valley Board of Review.
Attorney Stephanie Ferradino stated the Applicant would like a waiver of 20 parking spaces.
Christopher Koval stated this is not what was approved by this Board, not even close and he has serious concerns with this.
Robert McConnell stated they need more than 20 spaces due to the workers.
Christopher Koval added the traffic is really bad there on Rt. 29 and parking is the least of their problems.
Chairman Ian Murray stated long form SEQR is needed.
Attorney Stephanie Ferradino stated they have a caterer who said they'd shuttle people in.
George Olsen responded if it's the same caterer each time. If it's a different caterer then they have no shuttle. He said the Applicant misled them from the beginning. This was limited to 80 people for a reason, yet the Applicant had 130 with no concern to the permit. There's to be no tents, yet she had tents. He added he went to the Applicant's website and it shows she has already booked up to 20 weddings for this season - without a permit. If he were a neighbor he wouldn't want this.
Applicant Mary Maranville stated 11 weddings.
George Olsen responded the website has 20 dates blocked out.
Attorney Stephanie Ferrandino stated they can use uber.
Chairman Ian Murray stated they can vary from parking but they'd have to bank the balance of the spaces and designate an area for them.
Laurie Griffen stated they should not be waiving that, they have to have the room for parking and a permit is needed for the Bed & Breakfast; she questioned if the wedding venue and Bed & Breakfast are two separate operations.
Zoning Officer/Building Inspector Gil Albert stated they are two separate operations.
Chairman Ian Murray stated they need to see a summary, proper sanitary, parking, rules of operation, seasons etcetera. The Board has received letters of complaint from the neighbors; music is supposed to be in the barn with doors closed and end by 10:45 p.m. A clear summary of the business operation is needed.
Patrick Hanehan questioned if they have any estimates on ways to mitigate the noise for the neighbors and Attorney Stephanie Ferrandino replied no.
Laurie Griffen stated they received a letter today that is signed by numerous neighbors with serious concerns.
Zoning Officer/Building Inspector Gil Albert questioned the use of the house. The Applicant has been renting it out as a Bed & Breakfast and he's received numerous complaints due to excessive noise at 1:00 a.m. - 2:00 a.m. A permit is needed for that as well. Are there any rules and regulations for those renting the B&B? These are two separate businesses.
Christopher Koval said that was not approved by the Board at all.
George Olsen stated this was supposed to be farm to table education for young school children.
Attorney Stephanie Ferrandino responded the Applicant doesn't want to do weddings, but needs the money to fund the education portion.
Laurie Griffen stated they need to start over.
George Olsen stated it's a wedding venue and she's already booking weddings without a permit.
Robert McConnell stated the whole Board was misled; this is solely a wedding venue.
Christopher Koval agreed they've been misled and questioned why the Applicant is booking weddings without a permit; there was no response from the Applicant. He then stated this is a problem.
George Olsen added he went through her website and through the present bookings - she's booked them with no permit.
Zoning Officer/Building Inspector Gil Albert stated they allowed her to go through with the two weddings last year even though both were non-compliant with the permit, as she was way beyond 80 people. She was told back then that she had to get the building up to code and become compliant by the end of the year (2017). He noted that they now say it will be for 200 people, but you know it will be 220 - 250.
George Olsen stated no tents are to be outside either, everything was to take place in the barn according to what the Applicant told the Board, but he's seen tents out there.
Patrick Hanehan stated if those weddings are over 80 people, she's out of compliance.
George Olsen stated she does have them booked; the dates are blocked out on her website.
Robert McConnell questioned if there will be other events aside from weddings and was told yes by Attorney Stephanie Ferradino.
Zoning Officer/Building Inspector Gil Albert stated he doesn't know where the existing septic/leach field is located and at the last two weddings they had to have parked all over it, as they were parked all over the grass area.
George Olsen questioned where they put the port-a-johns, toward the neighbors and Attorney Stephanie Ferradino responded yes.
George Olsen responded that is not good.
Laurie Griffen stated the Board permitted her to have 80 only. Who allowed her to hold events with more than that - not this Board.
Chairman Ian Murray stated the families that had paid for their wedding events did not have time to find a new venue which created a true hardship for those families. After talking with the Town Supervisor, they decided the best thing would be to allow only those two weddings.
Zoning Officer/Building Inspector Gil Albert stated it was only for those two weddings in 2017.
Laurie Griffen stated the Board permitted 80 and added she takes issue with that.
Chairman Ian Murray asked if there were any further questions. There were none.
Attorney Stephanie Ferrandino questioned if they can have their public hearing next month.
Chairman Ian Murray responded if they have everything in by submittal date. Submittal deadline is May 9, 2018.
Pre-Submission Conference for Special
Use Permit
Tab C. DeNovellis
39 Castle Dr.
Stillwater, NY
12170
S/B/L 194.-1-20
Rural District
Location: 1019 Co. Rt. 70
Applicant seeks a special use permit to open a Barn Events Center for small weddings, conference events, holiday parties, etcetera. The property is 5.92+/-acres on Co. Rt. 70.
Applicant Tab DeNovellis appeared before the Board stating he seeks to open a wedding venue/conference venue on his 5.92+/- acre property.
Chairman Ian Murray stated the Board will need a summary of the business, hours of operation and a narrative of general uses. He will need to provide the Board with a full site plan showing septic systems, parking, travel lanes, etcetera. NYS DOH and NYS DEC approvals will be needed and also an engineered plan showing the location of everything there. Occupancy will determine the number of parking spaces required.
Tab DeNovellis stated all parking and travel lanes will be behind the barn. He'd like a tent area as well and this will be a year round business as the barn is heated. He'll have handicap facilities and internal bathrooms and he'll show proper ingress/egress. He added that signage and lighting also need to be considered.
Chairman Ian Murray suggested he hire a professional to help and Tab DeNovellis stated he has that in motion.
Robert McConnell questioned what he is looking for as far as occupancy.
Tab DeNovellis replied 100 or less.
Chairman Ian Murray reminded them that square footage determines the occupancy of the barn.
Tab DeNovellis thanked the Board.
Returning
Old Business: None
New Business: None
Meeting Adjourned
The next regular meeting will be held Wednesday, May 23, 2018 at
Respectfully submitted,
Linda A. McCabe
Planning Clerk