TOWN OF SARATOGA
PLANNING BOARD DRAFT MINUTES
February 24, 2016
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 – absent, Patrick Hanehan – absent, Robert McConnell – absent, Joseph
Lewandowski – present, Brandon Myers – present, George Olsen - present.
Also attending: Town Engineer Ken Martin, Jim Vianna, Libby Coreno, Brendan O'Hara, Mike Brooks, Ernie DaCosta, Gary Squires, John Cashin and other interested persons. (Sign-in sheet is on file in the Clerk’s office)
Public Hearing for Minor Subdivision
Patricia Bialahoski #16-01 Representative: Jim M. Vianna, P.L.S.
(for Carolyn Sukala, Linda Barber, Nancy Benn) 170 Lohnes Rd.
177 River Rd. Stillwater, NY 12170
Schuylerville, NY 12871
S/B/L 194.-2-42.111 Rural
Location: 193 Ruckytucks Rd.
Returning Applicant seeks a 3 lot subdivision of their 88.97+/- acre parcel, located at 193 Ruckytucks Rd., for her daughters. The 3 lots will remain in agricultural use.
Jim Vianna, P.L.S., appeared on behalf of the Applicant. He reviewed the 3 lot subdivision once again with the Board and stated he has completed what the Board asked of him; the agriculture notes have been removed from Lots 1 & 3 and the agriculture note is on Lot 2.
Chairman Ian Murray stated the Board has seen this, it's a simple subdivision and he has no questions. He then asked if there were any questions from the Board; there were none.
Proof of Notice having been furnished by newspaper on February 14, 2016, Chairman Ian Murray opened the Public Hearing at 7:35 p.m., asking those wishing to speak to please stand and state their name and address. Seeing none, Chairman Ian Murray closed the Public Hearing at 7:36 p.m.
Chairman Ian Murray read the letter from the Saratoga County Planning Board indicating no significant county wide or inter community impacts.
Brandon Myers read the short form EAF, line by line, which was completed by the Board.
Public Hearing for Special Use Mining Permit
Ernie DaCosta #16-02 Representative: Michael Brooks, Golden Rule Designs
773 Rt. 4S 112 Scotch Bush Rd.
Schuylerville, NY 12871 Burnt Hills, NY 12027
S/B/L 195.-1-20.1 Rural
Returning Applicant is seeking a sand mining permit for a 44 acre area within his 226 acre parcel. This will be a 9 phase operation. Upon completion of each phase, the area of disturbance will be reclaimed prior to beginning the next phase. This will be repeated until the entire mining process is completed, within a 20 year period. Each phase will be coordinated with DEC throughout the process.
Michael Brooks of Golden Rule Designs, appeared with the Applicant, Ernie DaCosta, and stated they have completed application with NYS DEC. He explained this is north of the National Cemetery, 3200' back of Rt. 4, the closest home is 400+' away and there are hedgerows surrounding the area of operation. There are agriculture lands around it and they will be utilizing the existing farm road. The farm road ends up south of their existing driveway, it will be gated and there is plenty of visibility. The mining will begin with the western most area and each phase will be reclaimed upon completion prior to beginning the next phase and NYS DEC is good with that plan. They did soil testings and it is all sandy loam, which was confirmed with the NRC Soil Survey, they hit evidence of water between 10' - 11' but never physical ground water; NYS DEC said they will allow him to use actual ground water for his 5' separation. In doing that they will find ground water, test the ground water, let it sit 24 hrs., see where it wells up and go 5' above that. Not sure how deep they will go with mining; it could be 10' or 15' , but they have to keep that 5' separation line. There is a 75' buffer all the way around the mine, it will not impact the cemetery and drainage will be contained on site. Long form EAF was completed by NYS DEC, a Negative Declaration was declared and public notice was in the paper (a copy of notice is in the file).
Chairman Ian Murray stated this Board will not do inspections; that will be in the hands of NYS DEC. The special use permit issued by the Town of Saratoga is specific to the 44 acre mine and what is designated on the NYS DEC permit only. If the Town receives complaints, that is when the Town would go inspect and possibly put a stop work order on the operation. Normal conditions of the operation is controlled by NYS DEC, not by the Town. He then questioned the use of the mine.
Applicant Ernie DaCosta responded it will be used for selling sand for construction sites, dairy farms, municipalities, things of that nature.
Chairman Ian Murray questioned how much usage he'd get out of it per year; how many yards or how many tons.
Applicant Ernie DaCosta replied he does not have an estimate for that yet.
Chairman Ian Murray stated he's concerned about truck traffic; he questioned if someone's in need of 100,000 yards right away; is that something he would entertain?
Applicant Ernie DaCosta replied he would entertain the idea of selling that amount.
Chairman Ian Murray said truck traffic could become an issue.
Applicant Ernie DaCosta questioned if he would need to come back before the Board for that and Chairman Ian Murray responded yes, though he doesn't anticipate it, but at a 100,000 yards a month, yes he'd need to come back before the Board.
Chairman Ian Murray stated as Michael Brooks indicated at the beginning, SEQR was completed by NYS DEC, this was a coordinated review and NYS DEC has declared Lead Agency, and as such made a Negative Declaration.
Proof of Notice having been furnished by newspaper on February 14, 2016, Chairman Ian Murray opened the Public Hearing at 8:52 p.m., asking those wishing to speak to please stand and state their name and address. Seeing as no one spoke, Chairman Ian Murray closed the Public Hearing at 8:53 p.m.
Chairman Ian Murray read the letter from the Saratoga County Planning Board indicating no significant county wide or inter community impacts.
Chairman Ian Murray made a motion, seconded by George Olsen, to approve the Special
Sketch Plan Conference for Minor Subdivision
Brendan O'Hara#16-03 Representative: Elizabeth Coreno, Attorney
121 Cahill Rd. 480 Broadway, Suite 250
Stillwater, NY 12170 Saratoga Springs, NY 12866
S/B/L 207.-1-36.1 Rural
Applicant seeks to subdivide his 33.36+/-acre parcel into two lots; Lot 1 is to be 11.083+/-
acres with the existing single family home and Lot 2 is to be 22.279+/- acres which the Applicant intends to sell.
Attorney Libby Coreno appeared on behalf of the Applicant, stating the land borders the Town of Saratoga and the Town of Stillwater. There is a single family residence on the property which will go with Lot 1 and will consist of 11.083+/- acres. Lot 2 consists of 22.279+/- acres which will be put up for sale. Frontage continues just past the subdivision line, onto Cahill Rd. which is sufficient to establish zoning compliant frontage for this subdivision.
Chairman Ian Murray stated the Town still owns that abandoned road and holds the deed to it, so there is a legal frontage issue there. He questioned if Attorney Libby Coreno had spoken to Town Attorney William Reynolds to see if there was enough improved frontage on Cahill Rd., as the Board understands and interprets it.
Attorney Libby Coreno replied yes, she and Attorney William Reynolds talked about whether or not there would be enough improved frontage on Cahill Rd. for the application. In fact there is, from a frontage standpoint. Had this been a subdivision where they wanted to improve more lots where the rest of Cahill Rd. would have been needed, then the issue of the abandoned road would have come into play. Because this is just for two lots, there is ample frontage to secure access to Lot 2 without having to make any road improvements.
Chairman Ian Murray added the he believes that to be true; for 5 acres or more you need 300' of frontage. Lot 2 has 205' of frontage but he spoke with the Town of Saratoga Highway Superintendant and yes, that road is abandoned but the Town still owns the deed to it. The property line goes to the center of the road, and to correct this, a 100' diagonal lot-line adjustment could be done and it would be okay for approval.
Attorney Libby Coreno stated they are fine with doing the lot-line adjustment.
Chairman Ian Murray stated if the Town Attorney is good with this, so is the Board. He stated the Board needs soil engineering - 8' deep hole and perc tests completed, agricultural data statement and copy of the water regulations on the survey. He then stated that we will advertise for a public hearing for next month.
Attorney Libby Coreno thanked the Board.
Returning
Old Business: Roger Sharp will be coming before the Board next month. He's requested a public hearing so we will advertise for that.
New Business: None
Meeting Adjourned
The next regular meeting will be held Wednesday, March 23, 2016 at 7:30 PM.
Respectfully submitted,
Linda A. McCabe
Planning Clerk